FEDERAL REGISTER

VOLUME 31 • NUMBER 43 § f _ . Friday, March 4,1966 • Washington, D.G.

Pages 3377-3440

Agencies in this issue— Agricultural Research Service Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interior Department International Commerce Bureau Interstate Commerce Commission Maritime Administration Post Office Department Securities and Exchange Commission Social Security Administration Detailed list o f Contents appears inside« Volume 78

UNITED STATES STATUTES AT LARGE

[88th Cong., 2d Sess.l

Contains laws and concurrent resolu­ subject index, tables of prior laws tions enacted by the Congress during affected, a numerical listing of bills 1964, the twenty-fourth amendment enacted into public and private law, to the Constitution, and Presidential and a guicte to the legislative history proclamations. Also included are: a of bills enacted into public law.

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

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

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r r n r n i l I f f i f D C r i C T C D Published daily, Tuesday through Saturday (no publication on Sumtays Monday , J r r Hr KAI «K^ntul^l til on the day after an official Federal holiday), by the Office of the Federal Register, Nat 1 Archives and Records Service, General Services Administration (m ail a-ddress Nat on Area Code 202 Phone 963-3261 Building, Washington, D.C. 20408), pursuant to the authority contained m Rpaioter Act annroved Julv 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B ), under regulations prescribed by tnc> au istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the upe of Documents, Government Printing Office, Washington, D.C. 20402. ■ air no nsr vcar nayable The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per monthoorJ f15^ 0 g ^ n d 5 cents for advance. The charge for individual copies varies in proportion to the size of the issue (15 cents o ^ L i t l ^ d ^ t ^ i Documeiit«, each additional group of 40 pages, as actually bound). ^ Remit check or money order, made payable to the Superintendent of Government Printing Office, Washington, D.C. 20402.u BO titles, Pur' The regulatory material appearing herein is keyed to the Code of Federal R egulations, which is published under SO t « ^^ g{ suant to section 11 of the Federal Register Act, as amended. The Code of Federal R egulations is sold by the S u p e r » « ® Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of moirth. regulations. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of Federal r e Contents

AGRICULTURAL RESEARCH Proposed Rule Making Proposed Rule Making SERVICE Discovery procedures______3403 Sport fishing at national wildlife Radio Amateur Civil Emergency refuges; Lake Woodruff, Fla., Proposed Rule Making Service; extension of time for and Cross Creeks, Term______3402 Hog cholera and other commu­ comments______3407 nicable swine diseases------3401 Notices FOOD AND DRUG AGRICULTURE DEPARTMENT Hearings, etc.: Christopher, E. B ______3430 ADMINISTRATION See Agricultural Research Serv­ Cirilli, Arthur A., et al______3430 ice; Commodity Credit Corpo­ Rules and Regulations Columbia Telephone Answering ration; Consumer and Market­ Drugs, depressant and stimulant; Service, Inc., and Able Paging ing Service. editorial changes______3397 Service______3431 Food additives; mineral oil______3394 CIVIL SERVICE COMMISSION Communications Satellite Corp_ 3431 Lebanon Valley Radio et al____ 3431 Proposed Rule Making Rules and Regulations Microwave Communications, Radiation and radiation sources Employment in excepted service, Inc______3432 intended for use in production, and examining system; miscel­ Midwest Television, Inc______3432 processing, and handling of laneous amendments— ^------3381 Reising, Keith L., et al______3432 food______3402 Life insurance; miscellaneous Syracuse Television, Inc., et al__ 3432 Notices amendments------3381 Food additives; filing of petitions: COAST GUARD FEDERAL MARITIME American Cyanamid Co______3429 COMMISSION E. I. du Pont de Nemours & Co., Notices Inc______:______3429 Vessels certificated for ocean and Notices Eastman Chemical Products, coastwise service; lifeboat Foreign Freight Forwarders, Inc.; Inc______3429 equipment______- 3426 license application______l______3433 Geigy Chemical Corp______3430 COMMERCE DEPARTMENT State of Connecticut and Con­ McLaughlin Gormley King Co__ 3429 necticut Terminal Co., Inc.; Rohm & Haas Co______3429 See International Commerce Bu­ agreement filed for approval___ 3433 W . R. Grace & Co., Davison reau; Maritime Administration. Chemical Division______3429 Wyandotte Chemicals Corp____ 3429 COMMODITY CREDIT FEDERAL POWER COMMISSION Yawata Iron & Steel Co., Ltd___ 3429 CORPORATION Rules and Regulations Rules and Regulations Public utilities, licensees, and HEALTH, EDUCATION, AND Grains and similarly handled com­ natural gas companies, Class C; WELFARE DEPARTMENT modities; 1966-1969 payment in work order and property record kind; price support and diver­ system______3391 See Food and Drug Administra­ sion ______3385 tion; Social Security Adminis­ Notices tration. CONSUMER AND MARKETING Hearings, etc.: SERVICE Bass, Perry R ______3433 Empire District Electric Co,____ 3435 INTERIOR DEPARTMENT Rules and Regulations Iowa Electric Light and Power See also Fish and Wildlife Service. Milk in certain marketing areas: Co______3435 Notices Chicago, 111., et al.; suspension Northern Natural Gas Co. (2 of certain provisions______3383 documents).___g______3434, 3435 Commissioner, Bureau of Recla­ Upper Chesapeake Bay; order Tennessee Gas Transmission mation; authority delegation___ 3426 amending order______3382 Co------3436 Washington, D.C.; order amend­ Texas Gas Transmission Corp. ing order______3381 (2 documents)______3434-3436 INTERNATIONAL COMMERCE Proposed Rule Making Village of Harrisonburg, La., BUREAU and Tennessee Gas Transmis­ Milk in St. Louis marketing area sion Co______3435 Notices et al.; hearing,______3401 Trauzl-Werke Aktiengesellschaft; order denying export privileges- 3426 FEDERAL AVIATION AGENCY FEDERAL TRADE COMMISSION Rules and Regulations Rules and Regulations - INTERSTATE COMMERCE Airworthiness directives: Prohibited trade practices: Piper Model PA-25-235 air­ Benson & Rixon Co. et al______3389 COMMISSION planes ------3388 Continental School of Denver, Thomas A. Edison and Garwin, Proposed Rule Making Inc., and Paul A. Schaefer___ 3389 Inc., engine gage units______3388 Explosives and other dangerous DeSalvo, Ralph, and Eastern Control zone and transition area; articles; transportation______3408 Golf Co______3390 designation and alteration; Notices amendment______3388 FISH AND WILDLIFE SERVICE Fourth section applications for FEDERAL communications relief______3439 COMMISSION Rules and Regulations Motor carrier: Sport fishing in wildlife refuge Temporary authority applica­ Rules and Regulations areas; Oregon: tions______3438 s® radio devices for eaves­ Ankeny______3400 Transfer proceedings______3436 dropping purposes; prohibition. 3397 William L. Finley_____'______3400 (Continued on next page) 3379 3380 CONTENTS

MARITIME ADMINISTRATION SECURITIES AND EXCHANGE SOCIAL SECURITY ADMINISTRATION Rules and Regulations COMMISSION Rules and Regulations Charges and fees for certain serv­ Rules and Regulations Federal old-age, survivors, and ices; miscellaneous amend- Insider trading; exemption of cer­ disability insurance: ments______3397 tain transaction------3390 Adjustment of underpayments. 3393 Notices Proposed Rule Making Entitlement to hospital insur­ American President Lines, Ltd.; Financial connections of officers ance benefits------3392 Negotiation by survivors of application------— - 3428 and directors of public utility subsidiary companies of regis­ check issued to two or more tered holding companies------3424 beneficiaries------3394 Support of legally dependent POST OFFICE DEPARTMENT spouse, child, or parent------3394 Rules and Regulations TREASURY DEPARTMENT See Coast Guard. Code of ethical conduct; note-— 3397

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 todays 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, 1966, and specifies how they are affected.

P roposed R u les: 17 CFR 5 CFR 1030 ______V 3401 240 ______3390 302------3381 1031 ______— 34°1 P roposed R ules : 337— ;______3381 1032______3401 3424 870______3381 1038 ______— 3401 250______1039______3401 1051______3401 18 CFR 7 CFR 1061 ______104 ______3401 — 3391 1062 ______3401 204______3391 1001------— — - 3383 1063 ______3401 1002------3383 1003 (2 documents)------.— 3381,3383 1064 ______340120 CFR 1004 ______— — 3383 1067______3401 404 (4 documents) 3392-3394 1070______- ______— — 3401 1011______3383 1015 ______*------3383 1071— ______340121 CFR 1016 (2 documents)------3382,3383 1073 ______3401 3394 1074 ______3401 121____ — ------1030 ______3383 166______3397 1031 ------3383 1078 ______3401 1079 ______— ------3401 P roposed R u l e s : 1032 ______3383 3402 1036------3383 1090______3401 121______1096 ______3401 1038 ______3383 39 CFR 1039 ______3383 1097 ______3401 1098 ______3401 3397 1041______— 3383 200— ------1043 _ 1______3383 1099 ______3401 1044 ___ 1______3383 1104------46 3401 CFR 3397 1045 __ 3383 1106------3401 201______3397 1051______— 3383 1108— ------— 3401 206______3397 1062 -- — 3383 1120______3401 251______^----- 3397 1063 ______3383 1126______3401 287______1064 ______— 3383 1127 ______3401 1070— ______3383 1128 ______— 3401 47 CFR 1071______3383 1129 _——— ------3401 2______3397 1078 _—— ______3383 1130 ______3401 15— ______- _____ 3397 1132______3401 1079 ______3383 P roposed R u l e s : 1094______3383 3403 9 CFR 1______1097 ______— ------3383 97______3407 1098 ______3383 P roposed R u le s: 1099 ______3383 76______3401 49 CFR 1102______.'______3383 P roposed R u l e s : 1103.^:____— ______3383 14 CFR 71-79— ...... 3408 1106— ______------3383 39 (2 documents)______3388 1108______3383 71______3388 50 CFR 1126______— ______3383 33 (2 documents) _ 3400 1132______3383 16 CFR P roposed R u l e s : 1138______3383 3402 1421______3385 13 (3 documents)______3389, 3390 33______3381 Rules and Regulations

An agency shall furnish a notice of the ice” to “full-time service or part-time Title 5— ADMINISTRATIVE rating assigned to an applicant on his service with a regular tour of duty”. request. (Sec. 11, 68 Stat. 742; 5 UJS.C. 2100) PERSONNEL ***** U n it e d S tates C i v i l S er v­ Chapter I— Civil Service Commission 2. Section 337.101 (t>) Is amended to read: ic e C o m m is s io n , PART 302— EMPLOYMENT IN THE [ s e a l ] M a r y V. W e n z e l , EXCEPTED SERVICE §337.101 Rating applicants. Executive Assistant to * * * * * the Commissioners. PART 337— EXAMINING SYSTEM (b) The Commission shall add to the [F.R. Doc. 66-2324; Hied, Mar. 3, 1966; Miscellaneous Amendments earned numerical ratings of applicants 8:51 a.m.] who make a passing grade: Sections 302.201, 302.302(a) , and 337.- (1) Five points for an applicant en­ 101(b) are amended to grant five point titled to preference under section 2 (4), preference to persons entitled to prefer­ (6), and (7) of the Veterans’ Preference Title 7— AGRICULTURE ence under section 2(7) of the Veterans’ Act of 1944, as amended; and Preference Act of 1944, as amended by (2) Ten points for an applicant en­ Chapter X— Consumer and Market­ section 11 of the Veterans’ Readjustment titled to preference under section 2 (1), ing Service (Marketing Agreements Benefits Act of 1966. These amendments (2), (3), and (5) of that Act. and Orders; Milk), Department of are effective as to certificates of eligibles ***** Agriculture issued after March 2,1966. [Milk Order 3] 1. Sections 302.201 and 302.302(a) are U n it e d S tates C i v i l S erv­ amended to read: ic e C o m m is s io n , [ s e a l ] M a r y V. W e n z e l , PART 1003— MILK IN WASHINGTON, § 302.201 Persons entitled to veteran Executive Assistant to D C., MARKETING AREA preference. the Commissioners. Order Amending Order In actions subject to this part,, each [F.R. Doc. 66-2334; Filed, Mar. 3, 1966; agency shall grant 5-point preference to 8:51 a m .] § 1003.0 Findings and determinations. persons entitled to preference under sec­ The findings and determinations here­ tion 2(4), (6), and (7) of the Veterans’ in after set forth are supplementary and SUBCHAPTER B— CIVIL SERVICE REGULATIONS Preference Act, and 10-point preference in addition to the findings and determi­ to persons entitled to preference under PART 870— LIFE INSURANCE nations previously made in connection section 2(1), (2), (3), and (5) of that Act. with the issuance of the aforesaid order Exclusions § 302.302' Examination o f applicants. and of the previously issued amendments Section 870.202(a), Part 870, Sub­ thereto; and all of the said previous find­ (a) Rating. An agency may providechapter B, Chapter I, Title 5 of the Code ings and determinations are hereby rati­ for an evaluation of the qualifications of of Federal Regulations is amended: (1) fied and affirmed, except insofar as such applicants for a position who are avail­ By inserting, after the first word, “, as findings and determinations may be in able under §§ 302.202, 302.203, and 302.- defined in the Federal Employees’ Group conflict with the findings and determina­ 301 at any time before appointment is Life Insurance Act of 1954, as amended, tions set forth herein. made to the position. Numerical ratings (2) by revoking subparagraphs (1), (a) Findings upon the basis of the shall be assigned on a scale of 100 and (2), (3 ),and (11); hearing record. Pursuant to the provi­ each applicant rated 70 or more is eligible (3) By amending subparagraph (4) by sions of the Agricultural Marketing for appointment. Numerical ratings are adding after “full-time employment” the Agreement Act of 1937, as amended (7 not required when all qualified applicants phrase: “or part-time employment with U.S.C. 601 et seq.), and the applicable will be offered immediate appointment. a regular tour of duty”; rules of practice and procedure govern­ Wien there is an excessive number of ap­ (4) By amending subparagrph (5) to ing the formulation of marketing agree­ plicants (1) numerical ratings are re­ read: “An employee whose employment is ments and marketing orders (7 CFR Part quired only for a sufficient number of the of uncertain or purely temporary dura­ 900), a public hearing was held upon highest qualified applicants to meet the tion, or who is employed for brief periods certain proposed amendments to the ten­ anticipated needs of the agency within a at intervals, and an employee who is tative marketing agreement and to the reasonable period of time, and (2) the expected to work less than six months order regulating the handling of milk agency shall adopt procedures to insure in each year, except an employee having in the Washington, D.C., marketing area. the consideration of all preference eligi- a career-conditional or career appoint­ Upon the basis of the evidence intro­ bles in the order in which they would ment, or appointed under Schedule B of duced at such hearing and the record have been considered if all applicants Part 213 of this chapter, who is employed thereof, it is found that: had been assigned numerical ratings. under a cooperative work-study program (1) The said order as hereby amended, and all of the terms and conditions ach agency shall add to the earned of at least one year’s duration which requires the employee to be in pay status thereof, will tend to effectuate the de­ numerical ratings of applicants who clared policy of the Act; make a passing grade: during not less than one-third of the total time required for completion of the (2) The parity prices of milk, as de­ P ve po^n^s *or an applicant en- program.” ; termined pursuant to section 2 of the on 10 preference under section 2 (4), (5) By amending subparagraph (8) Act, are not reasonable in view of the • and (7) of the Veterans’ Preference by changing “member” to “beneficiary” price of feeds, available supplies of feeds, Act; and and other economic conditions which af­ and by striking the hyphen in “patient- fect market supply and demand for milk- t J ÏÏ *Ten points for an applicant employee” ; in the said marketing area, and the mini­ (o \ rÌ? preference under section 2 (6) By amending subparagraph (10) u> • (3). and (5) of that Act. mum prices specified in the order as by changing “regular or full-time serv­ hereby amended, are such prices as will

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4," 1966 3382 RULES AND REGULATIONS reflect the aforesaid factors, insure a weight for the months of March through to persons in the respective classes of in­ sufficient quantity of pure and wholesome June 1966 subject to any supply-demand dustrial or commercial activity specified milk, and be in the public interest; adjustment computed pursuant to sub* in, a marketing agreement upon which a ( 3 ) The said order as hereby amended, paragraph (1) of this paragraph: Pro­ hearing has been held. regulates the handling of milk in the vided, That the Class I price shall not (b) Additional findings. It is neces­ same manner as, and is applicable only differ by more than 15 cents from the sary in the public interest to make this to persons in the respective classes of in­ average price determined pursuant to order amending the order effective on dustrial or commercial activity speci­ subparagraph (2) of this paragraph: March 1, 1966. Any delay beyond that fied in, a marketing agreement upon And provided further, That the Class I date would tend to disrupt the orderly which a hearing has been held. price for March, April, May, and June marketing of milk in the marketing area. (b) Additional findings. It is neces­ 1966 shall be not less than $5.40. The provisions of the said order are sary in the public interest to make this * * . V 4c 4c known to handlers. The recommended order amending the order effective on (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. decision of Deputy Administrator was is­ March 1, 1966. Any delay beyond that 601-674) sued February 16, 1966, and the decision date would tend to disrupt the orderly of the Under Secretary containing all Effective date. March 1,1966. marketing of milk in the marketing area. amendment provisions of this order was The provisions of the said order are Signed at Washington, D.C., on: Feb­ issued February 25, 1966. The changes known to handlers. The recommended ruary 28,1966. effected by this order will not require decision of Deputy Administrator was is­ G eorge L. M ehren, extensive preparation or substantial sued February 16, 1966, and the decision Assistant Secretary. alteration in method of operation for handlers. In view of the foregoing, it is of the Under Secretary containing all [F.R. Doc. 66-2268; Filed, Mar. 3, 1966; amendment provisions of this order was 8:47 a.m.] hereby found and determined that good issued February 25, 1966. The changes cause exists for making this order effected by this order will not require amending the order effective on March 1, extensive preparation or substantial al­ [Milk Order 16] 1966, and that it would be contrary to the teration in method of operation for han­ PART 1016— MILK IN UPPER CHES­ public interest to delay the effective date of this amendment for 30 days after its dlers. In view of the foregoing, it is APEAKE BAY MARKETING AREA hereby found and determined that good publication in the F ederal R egister. cause exists, for making this order Order Amending Order (Sec. 4(c), Administrative Procedure amending the order effective on March 1, Act, 5 U.S.C. 1001-1011.) 1966, and that it would be contrary to § 1016.0 Findings and determinations. (c) Determinations. It is hereby de­ the public interest to delay the effective The findings and determinations here­ termined that: date of this amendment for 30 days inafter set forth are supplementary and (1) The refusal or failure of handlers after its publication in the F ederal R eg ­ in addition to the findings and determi­ (excluding cooperative associations is t e r . (Sec. 4 (c ), Administrative Proce­ nations previously made in connection specified in section 8(c) (9) of the Act) of dure Act, 5 U.S.C. 1001-1011.) with the issuance of the aforesaid order more than 50 percent of the milk, which (c) Determinations— It is hereby de­ and of the previously issued amendments is marketed within the marketing area, termined that : thereto; and all of the said previous find­ to sign a proposed marketing agreement, (1) The refusal or failure of handlers ings and determinations are hereby rati­ tends to prevent the effectuation of the (excluding cooperative associations spec­ fied and affirmed, except insofar as such declared policy of the Act; ified in section 8c(9) of the Act) of more findings and determinations may be in (2) The issuance of this order, amend­ than 50 percent of the milk, which is conflict with the findings and determina­ ing the order, is the only practical means marketed within the marketing area, to tions set forth herein. pursuant to the declared policy of the sign a proposed marketing agreement, (a) Findings upon the basis of theAct of advancing the interests of pro­ tends to prevent the effectuation of the hearing record. Pursuant to the provi­ ducers as defined in the order as hereby declared policy of the Act ; sions of the Agricultural Marketing amended ; and (2) The issuance of this order, amend­ Agreement Act of 1937, as amended (7 (3) The issuance of the order amend­ ing the order is approved or favored by ing the order, is the only practical means U.S.C. 601 et seq.), and the applicable at least two-thirds of the producers who pursuant to the declared policy of the Act rules of practice and procedure govern­ during the determined representative of advancing the interests of producers ing the formulation of marketing agree­ period were engaged in the production as defined in the order as hereby ments and marketing orders (7 CFR Part of milk for sale in the marketing area. amended; and 900), a public hearing was held upon (3) The issuance of the order amend­ certain proposed amendments to the O rder R elative to H andling ing the order is approved or favored by at tentative marketing agreement and to It is therefore ordered, That on and least two-thirds of the producers who the order regulating the handling of milk after the effective date hereof, the han­ during the determined representative in the Upper Chesapeake Bay marketing dling of milk in the Upper Chesapeake period were engaged in the production of area. Upon the basis of the evidence Bay marketing area shall be in conform­ milk for sale in the marketing area. introduced at such hearing and the ity to and in compliance with the terms record thereof, it is found that ; O rder R elative to H andling and conditions of the aforesaid order, as (1) The said order as hereby amended, amended, and as hereby further It is therefore ordered, That on and and all of the terms and conditions there­ amended, as follows : after the effective date hereof, the han­ of, will tend to effectuate the declared In § 1016.50, the introductory text dling of milk in the Washington, D.C., policy of the Act; ; of paragraph (a) is revised to read as marketing area shall be in conformity to (2) The parity prices of milk, as deter­ follows : and in compliance with the terms and mined pursuant to section 2 of the Act, conditions of the aforesaid order, as are not reasonable in view of the price of § 1016.50 Class prices. amended, and as hereby further amend­ feeds, available supplies of feeds, and 4c 4c 4c 4c 4= ed, as follows : other economic conditions which affect (a) Class I price. The price for Class In § 1003.50, the introductory text of market supply and demand for milk in I milk shall be $5.55 per hundredweight paragraph (a) is revised to read as the said marketing area, and the mini­ for the months of July 1966 through Feb­ follows: mum prices specified in the order as here­ ruary 1967 and $4.90 per hundredweight § 1003.50 Class prices. by amended, are such prices as will re­ for the months of March through June flect the aforesaid factors, insure a suffi­ 1966 subject to any supply-demand ad­ * * * * * cient quantity of pure and wholesome justment computed pursuant to subpara­ (a) Class I price. The price for Classmilk, and be in the public interest; graph (1) of this paragraph: Provided, I milk shall be $5.55 per hundredweight (3) The said order as hereby amended, That the Class I price shall not differ for the months of July 1966 through regulates the handling of milk in the by more than 15 cents from the average February 1967 and $4.90 per hundred­ same manner as, and is applicable only price determined pursuant to subpara-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3383 graph (2) of this paragraph: And pro­ 2. Part 1070—Regulating the handling 11. Part 1051— Regulating the . han­ vided further, That the Class I price for of milk in the Cedar Rapids-Iowa City dling of milk in the Madison, Wis., mar­ March, April, May, and June 1966 shall marketing area: keting area: be not less than $5.40. In § 1070.50(b), all of the text except In § 1051.51(a), all of the text except; ***** that which reads as follows: (a) Class I milk price. The Class I (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (b ) Class I milk price. The Class Iprice shall be $4.18. 601-674) milk price shall be $4.40. 12. Part 1062—Regulating the han­ 3. Part 1078— Regulating the handling dling of milk in the St. Louis marketing Effective date. March 1, 1966. of milk in the North Central Iowa mar­ area: Signed at Washington, D.C., on Febru­ keting area: In § 1062.51(a), all of the text except: ary 28, 1966. In § 1078.50(b), all of the text ex­ (a) Class I milk price. The Class I G eorge L. M e h r e n , cept that which reads as follows : price shall be $4.80. Assistant Secretary. (b) Class I milk price. The Class I 13. Part 1079— Regulating the han­ [F.R. Doc. 66-2269; Filed, Mar. 3, 1966; milk price at plants located in Zone Ï dling of milk in the Des Moines, Iowa, 8:48 a.m.] shall be $4.35. “Zone 1” means all the marketing area: territory in the counties of Humboldt, In § 1079.50(b), all of the text except: Wright, Franklin, Butler, Bremer, Web­ (b) Class I mWc price. The Class I MILK IN CHICAGO, ILL., MARKETING ster, Hamilton, Hardin, Grundy, Black milk price shall be $4.55. For milk re­ AREA ET AL. Hawk, and Buchanan, all in the State of ceived from approved dairy farmers at Iowa. an approved plant outside the base zone Order Suspending Certain Provisions 4. Part 1064— Regulating the handling the price otherwise applicable pursuant of the Orders of milk in the Greater Kansas City mar­ to this paragraph shall be reduced 10 keting area: cents. In the matter of: The following provisions: 14. Part 1031—Regulating the han­ 7 CFR Parts and Marketing Areas 1. In § 1064.51(a), the provisions “plusdling of milk in the Northwestern In­ 1030 Chicago, HI. $1.10 during each of the delivery periods diana marketing area: 1039 Milwaukee, Wis. of April, May, June, and July; and” and In § 1031.51(a), all of the text of the 1051 Madison, Wis. “plus 10 cents from the effective date of second proviso except: “And provided 1038 Rock River Valley. this amended order through February 28, further, That the Class I price shall be 1063 Quad Cities-Dubuque. 1965;”. $4.46.” 1070 Cedar Rapids-Iowa City. 1078 North Central Iowa. 5. Part 1071— Regulating the handling 15. Part 1097—Regulating the han­ 1079 Des Moines, Iowa. of milk in the Neosho Valley marketing dling of milk in the Memphis, Tenn., 1062 St. Louis, Mo. area: marketing area: 1032 Suburban St. Louis. The following provisions: In § 1097.51(a), all of the text preced­ 1031 Northwestern Indiana. 1. In § 1071.51(a), the provisionsing subparagraph ( 1) except: 1064 Greater Kansas City. “$1.00 during the delivery periods of (a) Class I milk price. The price per 1071 Neosho Valley. April through June and” and “during 1099 Paducah, Ky. hundredweight for Class I milk for the 1098 NashvUle, Terin. the delivery periods of July through month shall be the basic formula price 1097 Memphis, Term. March, and plus 10 cents for the period for the preceding month, plus $1.91 and 1108 Central Arkansas. from the effective date of this amended plus or minus a supply-demand adjust­ 1106 Oklahoma Metropolitan. order through February 28, 1965”. ment computed as follows: 1132 Texas Panhandle. 6. Part 1126— Regulating the handling 16. Part 1098— Regulating the han­ 1126 North Texas. of milk in the North Texas marketing dling of milk in the Nashville, Tenn., 1102 Fort Smith, Ark. area: marketing area : 1044 Michigan Upper Peninsula. 1103 Mississippi. The following provisions: In § 1098.51(a), all of the text preced­ 1094 New Orleans. 1. In § 1126.51(a), the provisions “plusing subparagraph (1) except: 1036 Northeastern Ohio. $1.85 for the months of March through (a) Class I milk price. The Class I 1045 Northeastern Wisconsin. June and” and “plus 10 cents from the milk price shall be the basic formula 1041 Northwestern Ohio. effective date of this amended order price for the preceding month, plus $1.53 1138 Rio Grande Valley. through March 31, 1965;”. and plus or minus a supply-demand ad­ 1043 Upstate Michigan. 7. Part 1030— Regulating the handling 1003 Washington, D.C. justment calculated for each month as 1016 Upper Chesapeake Bay. of milk in the Chicago, 111,, marketing follows: 1002 New York-New Jersey. area : 17. Part 1099— Regulating the han­ 1004 Delaware Valley. In § 1030.51(a), all of the text except: dling of milk in the Paducah, Ky., mar­ 1001 Massachusetts-Rhode Island. (a ) Class I milk price. The Class Iketing area: 1015 Connecticut. price shall be $4.30. In the second proviso § 1099.51(a), all 1011 Appalachian. 8. Part 1032— Regulating the handling of the text except: “And provided fur­ Pursuant to the provisions of the Agri­ of milk in the Suburban St. Louis mar­ ther, That the Class I price shall not be cultural Marketing Agreement Act of keting area: less than the following: $4.90 and the 1937, as amended (7 U.S.C. 601 et seq.), In § 1032.51(a)(1), all of the text price for Class I milk at pool plants lo­ except: and of the order regulating the handling cated within that portion of the market­ (a) Class I price. (1) The Class I of milk in the above designated market­ ing area in the State of Missouri shall price for plants located in the base zone ing areas, it is hereby found and deter­ be 10 cents higher than the applicable mined that: shall be $4.70. price for these months at the Paducah (a) The following provisions of the re­ 9. Part 1038— Regulating the handling location.” spective orders, at this time and in the of milk in Rock River Valley marketing circumstances now existing, no longer area: 18. Part 1106— Regulating the han­ fend to effectuate the declared policy of In § 1038.51(a), all of the text except: dling of milk in the Oklahoma Metro­ the Act: (a) Class I milk price. The price forpolitan marketing area: — Regulating the handling Class I milk shall be $4.22. In § 1106.51(a), all of the text preced­ milk in the Quad Cities-Dubuque mar­ 10. Part 1039—Regulating the han­ ing the proviso except: keting area: dling of milk in the Milwaukee, Wis., (a) Class I milk. The basic formula § 1063.50(b), all of the text except marketing area: price for the preceding month plus $1.88: that which reads as follows: In § 1039.51(a), all of the text except: 19. Part 1108— Regulating the han­ m i* 1 milk price- The Class I (a) Class I milk price. The price for milk price shall be $4.40. dling of milk in the Çentral Arkansas Class I milk shall be $4.18. marketing area:

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4. 1966 3384 RULES AND REGULATIONS the price specified for Zone 1 less 10 In § 1108.51(a), all of the text preced­ the sum of the amounts specified under cents; for plants located in Zone 2 the ing subparagraph ( 1) except: subparagraphs ( 1) and ( 2) of this para­ price shall be the price specified for Zone (a) Class I milk price. The price pergraph : 1 plus 20 cents; and for plants located hundredweight for Class I milk for the (1) The amount set forth below, sub­ outside of the marketing area and west month shall be the basic formula price ject to any adjustment for location pur­ of Lake Michigan, the price (subject to for the preceding month plus $1.91 and suant to § 1041.53: $1.36. § 1044.53) shall be that specified for plus or minus a supply-demand adjust­ 28. Part 1036— Regulating the han­ Zone 1 and for plants located outside the ment computed as follows : dling of milk in the Northeastern Ohio marketing area and east of Lake Mich­ 20. Part 1132—Regulating the han­ marketing area: igan, the price (subject to § 1044.53) dling of milk in the Texas Panhandle In § 1036.51(a), all the provisions in the introductory text immediately pre­ shall be that specified for Zone 2. The marketing area: supply-demand adjustment shall be In § 1132.51 (a ) , all of the text except: ceding subparagraph ( 1) except that computed as follows : (a) Class I milk price. The Class Iwhich reads as follows: 32. Part 1045— Regulating the .han­ milk price shall be the basic formula (a) Add to the basic formula price dling of milk in the Northeastern Wis­ price for the preceding month, plus $2.15. for the preceding month $1.80 and add or consin marketing area: 21. Part 1011—Regulating the han­ subtract a “supply-demand adjustment” In § 1045.51(a), all of the introductory dling of milk in the Appalachian mar- computed as follows: text preceding subparagraph ( 1) except tpfin cr QT’Pfl.’ 29. Part 1003— Regulating the han­ the following: In § 1011.51(a), the provisions “$1.67 dling of milk in the Washington, D.C., (a) The following amount plus or during the months of March through marketing area: In § 1003.50(a), suspend all of the in­ minus a supply-demand adjustment of July; and” and “other”. not more than 24 cents computed pur­ 22. Part 1138— Regulating the han­ troductory text of § 1003.50(a) except suant to this paragraph: $4.30. The dling of milk in the Rio Grande Valley the following: (a) Class I price. The price for Class supply-demand adjustment shall be com­ marketing area: puted as follows: In § 1138.51(a), the provision “during I milk shall be $5.55 per hundredweight 33. Part 1001— Regulating the han­ each of the months of July through Feb­ subject to any supply-demand adjust­ dling of milk in the Massachusetts- ruary and plus $1.95 during each of the ment computed pursuant to subpara­ graph ( 1) of this paragraph. Rhode Island marketing area : months March through June”. For the month of April 1966, delete all 23. Part 1102—Regulating the han­ In § 1003.50(a) (1) ( i ) , suspend the fol­ of the figures in the table contained in dling of milk in Fort Smith, Ark., mar­ lowing: “unless it is outside the range calculated pursuant to subdivision (ii) § 1001.60(e) except the figure “5.71” in keting area: the column headed “Class I price,”. In § 1102.51(a), all of the introductory of this subparagraph, in which case the end of the range closest to the two- For each of the months of May and text except: June 1966, delete all of the figures in the (a) Class I milk. The price per hun­month utilization percentage shall be the ‘current utilization percentage’.” table contained in § 1001.60(e) except dredweight for Class I milk for the the figure “5.49” in the column headed month shall be the basic formula price In § 1003.50(a) (1) (iii), suspend the “Class I price”. for the preceding month, plus $1.85; and proviso therein and all of the text below the headings of the table in that sub­ 34. Part 1015— Regulating the han­ plus or minus a supply-demand adjust­ dling of milk in the Connecticut market­ ment computed as follows: division except the word “March” in the first column, “December-January” in the ing area: 24. Part 1094—Regulating the han­ For the month of April 1966, delete all dling of milk in New Orleans, La., second column and the first figure “133” in the third column. of the figures in the table contained in marketing area: § 1015.60(e) except the figure “5.71” in In § 1094.51(a), all of the text preced­ 30. Part 1016— Regulating the han­ dling of milk in the Upper Chesapeake the column headed “Price”. ing the proviso except : For each of the months of May and (a) Class I milk price. The Class IBay marketing area: In § 1016.50(a), suspend all of the in­ June 1966, delete all of the figures con­ milk price shall be the basic formula tained in the table contained in price for the preceding month, plus $2.71, troductory text except the following: (a ) Class I price. The price for Class § 1015.60(e) except the figure “5.49” in plus or minus a supply-demand adjust­ the column headed “Price”. ment calculated for each month pur­ I milk shall be $5.55 per hundredweight subject to any supply-demand adjust­ 35. Part 1002— Regulating the han­ suant to subparagraphs ( 1) through (6) dling of milk in the New York-New of this paragraph : ment computed pursuant to subpara­ graph ( 1) of this paragraph. Jersey marketing area: 25. Part 1103— Regulating the han­ For the month of April 1966, delete all dling of milk in Mississippi marketing In § 1016.50(a) (1) (i), suspend the following: “unless it is outside the range of the figures in the schedule contained area: in § 1002.40(a) (11) except the word In § 1103.51(a), all of the text except: calculated pursuant to subdivision (ii) of this subparagraph, in which case the “April” and the figure “1.00”. (a) Class I milk price. The minimum For each of the months of May and Class I milk price shall be the basic for­ end of the range closest to the two- month utilization percentage shall be the June 1966, delete all of the schedule con­ mula price for the preceding month, plus tained in § 1002.40(a) (11) except the $2.35. ‘current utilization percentage’.” In § 1016.50(a)(1)(iii), suspend the words “May” and “June” and the figure 26. Part 1043— Regulating the han­ " “0.95”. dling of milk in the Upstate Michigan proviso therein and all of the text below the headings of the table in that sub­ 36. Part 1004—Regulating the han­ marketing area: dling of milk in the Delaware Valley In § 1043.51, all the provisions of para­ division except the word “March” in the first column, “December-January” in the area: graph (a) except that which reads as second column and the first figure “133” Delete all of the figures contained in follows: the second column of the Class I price (a) Class I milk. The Class I milkin the third column. 31. Part 1044— Regulating the han­ schedule in section 1004.50(a) (2) except price shall be the basic formula price dling of milk in the Michigan Upper the figure “6.00”. plus $1.45. Peninsula marketing area: (b) Notice of proposed rule making, 27. Part 1041— Regulating the han­ In § 1044.51(a), all of the introduc­ public procedure thereon, and 30 days dling of milk in the Northwestern Ohio tory text preceding subparagraph ( 1) notice of the effective date hereof are marketing area: except the following: impractical, unnecessary, and contrary In § 1041.51(a), the provisions of sub- (a ) Class I milk price. The Class I to the public interest in that: (1) This suspension order does not re­ paragraph ( 1) and the introductory text ynilk price for plants located in Zone 1 quire of persons affected substantial or immediately preceding except that which shall be the following amount plus or extensive preparation prior to the ef­ reads as follows: minus a supply-demand adjustment of (a) Class I milk prices. The monthlynot more than 24 cents computed pursu­ fective date. (2) This suspension order is necessary Class I milk price shall be the basic for­ ant to this paragraph: $4.51. For plants to reflect current marketing conditions mula price for the preceding month, plus located in Zone 1(a) the price shall be

FEDERAL REGISTER, VOL. 31. NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3385

and to maintain orderly marketing con­ Sec. payee shall bear a current date of issu­ ditions in the marketing area. 1421.3784 Deliveries to payee of grain from ance. Substitute certificates issued to (3) This suspension order has the CCC tain sites. 1421.3785 Delivery of grain to payees in replace other original certificates shall purpose of eliminating part or all of the nonstorage areas. bear the same date of issuance as the cer­ seasonal price declines in the markets 1421.3786 Redemptions by subsequent tificate being replaced. *■' affected. For most such markets, Class holders. ■(d) Signature and countersignature. I prices currently provided by the re­ 1421.3787 Issuance of balance certificates. To be valid, the certificates must be spective orders will be maintained at 1421.3788 Overdeliveries. signed and countersigned by authorized about their January 1966 levels pending 1421.3789 Administration. representatives of CCC. review of the pricing provisions of such 1421.3790 ASCS commodity offices. § 1421.3776 Setoffs and assignments. -orders in public hearing. This purpose A uthority : The provisions of this subpart is achieved either by eliminating the sea­ issued under secs. 4 and 5, 62 Stat. 1070, as (a) Producer indebtedness. Setoffs sonal decrease in Class I price differential amended; sec. 105(e), 63 Stat. 1051, as against amounts due the producer under or, where a stated Class I price was ef­ amended; sec. 16(i), 49 Stat. 1151, as amend­ this program shall be made as provided fective for January, by specifying con­ ed; 15 U.S.C. 714 (b ) and ( c ) ; 7 U.S.C. 1441 note, 16 U.S.C. 590(p). in the Secretary’s Setoff Regulations, tinuation of such Class I price. In the Part 13 of this title (29 F.R. 9425) and New York-New Jersey and New England § 1421.3773 Purpose. any amendments thereto. Construc­ markets, where customarily the sea­ The regulations in this subpart provide tive delivery of certificates earned by the sonal price declines are greater than in for price support and diversion payments payee and representing the amounts set­ other markets, a portion of the decline earned under the 1966-69 Feed Grain off shall be made by crediting the certif­ has been eliminated. Program Regulations to be made by ac- icate pool with their value. CCC shall This action relating to price levels is- "tual or constructive delivery of nego­ make a cash advance in payment of the necessary in recognition of present or tiable certificates, and for the making of indebtedness setoff against the payment potential milk shortages in many of such cash advances to producers who wish earned by the payee. Such cash advance markets and a threatened general short­ Commodity Credit Corporation’s (here­ shall be made by issuance of CCC sight age of Grade A supplies. Remedial ac­ inafter called “CCC”) assistance in the draft (s) payable to the creditor agen­ tion should be taken immediately pend­ marketing of certificates earned by them. cy (s) to which the producer is'indebted, ing detailed review of the individual It also provides the methods by which except that cash advances to CCC may be market situations in public hearing. CCC shall redeem certificates and mar­ made by credit to the producer’s account. A public hearing for the purpose of ket certificates for which its assistance (b) Right to contest. A setoff shall reviewing supply and demandponditions in marketing has been requested. not deprive the producer of any right he in a group of midwestem Federal order might otherwise have to contest the just­ markets was announced on February 28 § 1421.3774 Form o f payment. ness of the indebtedness against which to be held at St. Louis, Mo. Hearings A producer entitled to a payment un­ the setoff is made either by administra­ covering other Federal order markets der the 1966-69 Feed Grain Program tive appeal or by legal action. will be announced shortly. Regulations (hereinafter called “payee”) (c) Assignments. Payments earned Therefore, good cause exists for mak-- shall receive payment in the form of a under a program cannot be assigned, ex­ ing this order effective March 2, 1966. negotiable Payment-In-Kind Certificate cept that certificates received by a payee It is therefore ordered, That the afore­ (Form CCC-139) (herein called “certifi­ may be negotiated to a subsequent said provisions of the orders are hereby cate”), issued by the county office, ex­ holder. suspended for an indefinite period. cept that if a payee requests CCC’s assist­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ance in the marketing of his certificate at § 1421.3777 Cash advance to payee. 601-674) the time of applying for payment, the A cash advance shall be made by the Effective date: March 2, 1966. county office shall make a cash advance county office to any payee who requests to such payee as provided in this subpart CCC’s assistance in marketing of the cer­ Signed at Washington, D.C., on March and credit a certificate pool with the tificate earned by him under a program. 1,1966. value of the certificate earned by him. Only the payee shall have this option. If G eorge L . M e h r e n , such request is made at the time the Assistant Secretary. § 1421.3775 Description o f certificates. payee applies for payment, CCC shall IF-R- Doc. 66-2304; Filed, Mar. 3, 1966; (a) Terms. Any certificate issued make constructive delivery of the certif­ 8:51 a.m.] shall be subject to the provisions embod­ icate to the payee by crediting a certifi­ ied in it and the provisions of this sub­ cate pool with the value of the certificate part. earned by him. A payee who does not Chapter XIV— Commodity Credit Cor­ (b) Face value. The face value of the request CCC’s assistance in marketing poration, Department of Agriculture certificate(s) issued to any payee shall be his certificate at such time may sub­ the amount (s) for which the payee is ap­ sequently request CCC’s assistance in SUBCHAPTER B— LOANS, PURCHASES, AND proved for payment. A certificate shall marketing his certificate by delivering it OTHER OPERATIONS be accepted by CCC at face value if, with­ to the county office. Such certificate PART 1421— GRAINS AND SIMILARLY in 30 days after the date of issuance shall also be credited to the certificate pool. A cash advance to a payee shall HANDLED COMMODITIES shown thereon, it is tendered to CCC for redemption in grain or for marketing. If be made in the form of a CCC sight draft u^Par*— 1966—1969 Payment-in- after such 30-day period the certificate is for the face value of the certificate tendered to CCC for redemption in grain earned by him less any applicable reduc­ Kind Regulations— Price Support tion in value for storage and carrying and Diversion or for marketing, the value at which the certificate is accepted shall be the face charges. A payee cannot utilize such Sec. value reduced by one twenty-fifth of 1 sight drafts or the proceeds thereof to 1421.3773 Purpose. percent for each day beginning on the acquire grain from CCC under these 1421.3774 Form of payment. regulations except as p ro v id e d in 1421.3775 31st day after issuance to but not includ­ Description of certificates. ing the date of redemption, or, if it is § 1421.3778. 1421.3776 Setoffs and assignments. 1421.3777 Cash advance to payee. tendered for marketing, not including § 1421.3778 Marketing o f certificates. 1421.3778 Marketing of certificates. the date it is tendered to CCC. Such re­ 1421.3779 Redemption in grain by payees. duction in value shall cover storage and (a) All certificates for which payees 1421.3780 Where to apply. handling charges. have requested CCC’s assistance in mar­ 1421.3781 Grain under farm storage price (c) Date of issuance. The date of is­ keting shall be pooled by CCC and shall support loan. lose their identity as individual certif­ 1421:3782 suance shown on the certificate shall be Grain under warehouse storage icates. The amount of the certificate price support loan. the date the certificate is issued. Sub­ pool(s) shall be the total of the value of 1421.3783 Deliveries of grain in warehouses stitute certificates issued to replace orig­ to payee. certificates of which CCC has made con­ inal certificates never received by the structive delivery to the payees and the

No. 43------2 FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3386 RULES AND REGULATIONS value of the certificates presented to the owned grain must apply to the county § 1421.3782 G r a in u n d e r warehouse county office by the payees for marketing office which issued the certificates. If storage price support loan. by CCC. Such amount shall be equal to CCC-owned grain is not available in such (a ) Subject to the provisions erf this the amount of cash advanced. CCC shall county, the county office will direct the subpart, in the case of grain which a market the rights represented by pooled payee to the nearest county office having payee has under a warehouse storage certificates at such times and in such grain available for redemption. loan, at the request of the payee, CCC manner as it determines will best effec­ § 1421.3781 Grain under farm storage will ( 1) accelerate the maturity date of tuate the purposes of the program. Such price support loan. the loan, (2) acquire title to such grain rights shall be marketed for immediate in satisfaction of the loan, and (3) per­ use by the purchaser to obtain delivery of (a) Subject to the provisions of thismit the payee to obtain redemption of grain from CCC. CCC reserves the right subpart, in case of grain which a payee certificates issued to him by delivery to to determine the time and place of de­ has under a farm storage price support him of the warehouse receipts represent­ livery and the kind, class, grade, quality, loan, including any reseal or extended ing such grain. Delivery charges col­ and quantity of grain for which such reseal loan, upon the request of the lected on grain acquired under this sec­ rights may be redeemed. Such grain de­ payee, CCC will (1) accelerate the ma­ tion will be refunded to the producer. livered by CCC shall be valued at the turity date of the loan, (2) permit de­ Settlement of such warehouse storage market price at point of delivery as de­ livery to CCC on the farm where stored loan will be made as provided in the ap­ termined by CCC, but not less than the of the payee’s grain mortgaged to CCC as plicable loan documents and price sup­ applicable current price support loan security for the loan in settlement of port regulations. rate, plus reasonable carrying charges as such loan, and (3) permit the payee to (b) Subject to the provisions of this determined by the Executive Vice Presi­ obtain redemption of certificates issued subpart, CCC will acquire title to a por­ dent of CCC, or his designee. Such grain to him under the program by delivery to tion of the grain a payee has under ware­ shall not be eligible for tender to CCC him of such grain on the farm where house loan storage and will deliver the under the price support program. stored. Service charges will not be col­ receipt representing such grain in re­ (b ) The term “Certificate Pool Sale—lected on the quantity delivered from a demption of certificates if a payee Feed Grain Program" when used in con­ 1964 or 1965 crop year loan, and delivery wishes to redeem certificates in such tracts of CCC shall be deemed to refer charges will not be collected on the grain. CCC will only honor such re­ to a transaction involving the sale of quantity delivered from a 1966 or subse­ quests by payees as to the entire quan­ rights represented by pooled certificates quent crop year loan. An inspection of tity of grain represented by a warehouse and the immediate use of such rights to the grain will be made by a representa­ receipt. If the value of certificates held acquire grain from CCC. tive of the county committee prior to ac­ by the payee is insufficient to acquire all celeration of the maturity date of the the grain represented by a warehouse § 1421.3779 Redemption in grain by loan. If it is determined that all the payees. receipt CCC will honor the payee’s re­ grain under loan is still in storage, not­ quest as to the portion of the grain rep­ At the option of CCC, certificates may withstanding the provisions of the ap­ resented by a warehouse receipt for which be redeemed in com and grain sorghum, plicable price support regulations, set­ he has certificates, provided at the time and may be redeemed in barley during tlement of the loan will be made on the of redemption he repays in cash the bal­ the marketing year beginning July 1, basis of the quantity set forth in the loan ance of the amount due on the loan in 1966, and any subsequent marketing year documents. The quality for settlement connection with such receipts as com­ in which the Secretary designates barley purposes shall be as determined by CCC. puted under the loan documents and as a “feed grain” under the acreage di­ I f on inspection of the grain under loan a price support regulations. CCC shall version program. Such grains are here­ shortage is discovered, the loan shall be credit the loan with the settlement value in referred to as “grain.” CCC reserves handled as provided in the applicable of the quantity and quality of the grain the right to determine the kind, class, price support regulations. Certificates acquired by it and with an amount paid grade, or quality of grain for which cer­ cannot be used to satisfy amounts due on the loan, in accordance with the tificates may be redeemed and to re­ under the loan. settlement provisions of the loan docu­ strict the availability of any grain in any Cb) In computing storage payments ments and price support regulations. area at any time whenever such action is due under a reseal loan, the pro rata (c) The provisions of this section ap­ deemed necessary, either to effectuate payments to which the producer is en­ ply only to warehouse storage loans on the purposes of the program or in the titled shall be based on the storage grain with no transit privileges. Title interest of CCC inventory management. period ending on the date the commod­ and risk of loss shall pass to the payee Certificates held by a payee shall be re­ ity is delivered to CCC in satisfaction of on delivery to him of the warehouse re­ deemed, at the option of CCC, in grain in the loan. ceipts? Any difference in grade, quality, warehouses, in CCC bin sites or at points (c) Subject to the provisions of thisand quantity of grain delivered by the designated by CCC in the county in subpart, delivery of a portion of the warehouseman to the payee from that which the certificate was issued or in the grain under loan shall be permitted if a described on the warehouse receipts shall nearest county in which grain is made payee wishes to deliver to CCC a portion be settled between the payee and the available for redemption. Certificates of the grain under loan and acquire such warehouseman. may also be redeemed in grain delivered grain with certificates. In such event, (d) In the case of grain delivered to by a payee under such price support loans CCC shall credit the note with the settle­ a payee which had been under a ware­ as may be designated by CCC. Grain ment value of the quantity and quality house storage loan, the payee shall be delivered by CCC in redemption of cer­ delivered. Notwithstanding the provi­ responsible to the warehouseman for tificates shall be valued at market price sions of the price support regulations, the payment of all warehouse charges on the at point of delivery as determined by quantity delivered shall be determined by grain. CCC will refund to the payee CCC, but not less than the applicable measurement., The quality for settle­ any storage charges which had been de­ current loan rate, plus reasonable carry­ ment purposes shall be as determined by ducted by it from the loan proceeds on ing charges as determined by the Execu­ CCC. The quantity so obtained must be the quantity of grain delivered in re­ tive Vice President of CCC, or his des­ removed from the storage structure and demption of certificates and will pay to ignee. Such grain shall not be eligible segregated from the grain which remains the payee the receiving and load-out for tender to CCC under the price sup­ as collateral for the outstanding balance charge applicable to such grain in an port program. of the loan, unless such quantity is under amount not to exceed the rate specified separate seal. The provisions as to in­ in the Uniform Grain Storage Agreement § 1421.3780 W here to apply. spection and adjustment for storage § 1421.3783 Deliveries of grain in ware­ Payees who wish to obtain redemption charges in paragraphs (a) and (b) of houses to payee. of certificates in grain to be delivered by this section shall apply to any grain so them under a price support loan must delivered. If on inspection a shortage is (a ) Use of delivery orders. _Ware­ apply to the county office which approved discovered, the loan shall be handled as house-stored grain shall be delivered to the loan. Payees who wish to obtain provided in the applicable price support payees “in-store.” If delivery is to be redemption of certificates in other CCC- regulations. made of warehouse-stored grain other

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3387 than deliveries under § 1421.3782 the the grade and quality and dockage con­ determined by adding to the date of is­ county office shall issue a Delivery Order tent actually delivered. CCC does not suance of the original certificate the to the payee setting forth the net quan­ warrant the class, grade, and quality of number of days for which discounts were tity, class, grade, and quality of the com­ any grain delivered “as is’’. charged. Balance certificates may be tendered to CCC for redemption in grain modity to be delivered to the payee, and § 1421.3785 Delivery o f grain to payees the warehouse in which the grain is to in nonstorage areas. in the same manner as the original cer­ be delivered. The payee may obtain the tificates. Balance certificates issued to grain by presenting the Delivery Order (a) CCC may move grain into areas the payee shown on the original cer­ to the warehouseman. Such Delivery where no CCC-owned grain in ware­ tificate may be surrendered by the payee Orders shall not be transferable and may houses or binsites is available for certif­ to CCC for marketing. be presented to the warehouseman only icate redemption. Such grain will be § 1421.3788 Overdeliveries. by the payee to whom issued. consigned to the county committee and (b) Delivery provisions. Title and shall be delivered in redemption of cer­ In the event of the delivery by CCC risk of loss to the grain specified in the tificates “as is’’ on a basis determined by under the program of a quantity of grain Delivery Order shall pass to the payee CCC. On such redemptions, the grain which is in excess of the quantity ordered on the date of issuance of the Delivery shall be valued on the basis of a deter­ by the purchaser but not in excess of a Order by the county office. CCC shall mination of grade and quality made prior carload or truckload lot, as applicable, be responsible for all warehouse charges to delivery, and such price shall not be such excess grain (if accepted by the accruing through the date of issuance of subject to adjustment for the grade and purchaser) may be acquired with addi­ the Delivery Order. CCC shall also pay quality of the grain actually delivered. tional certificates or under a Certificate the warehouseman the load-out charge (b) Title and risk of loss on such Pool Sale as described in § 1421.3778. applicable to the grain in an amount not redemptions shall pass to the payee upon The excess grain shall be valued at mar­ to exceed the amount specified in Uni­ delivery of the grain. The payee shall ket price at point of delivery but not less form Grain Storage Agreement. The be responsible for risk of loss during such than the current price support loan rate producer shall be responsible for all time as he may have possession of the plus reasonable carrying charges. other warehouse charges accruing after grain prior to delivery. § 1421.3789 Administration. the date of issuance of the Delivery (c) Grain shall be weighed at destina­ Order. tion if scales approved by CCC are avail­ This subpart will be administered by (c) Grade, quality, and quantity dif­ able, except on deliveries on which the Agricultural Stabilization and Conserva­ ferences. Any difference in the value of payee is willing to settle on CCC deter­ tion Service under the general direction the class, grade, quality, and net quan­ mined weights. If approved scales are and supervision of the Executive Vice tity of the grain delivered by the ware­ not available, settlement weights shall be President, CCC, and in the field will be houseman to the payee from that shown as determined by CCC. carried out by Agricultural Stabilization in the Delivery Order shall be settled be­ (d) CCC shall bear any charges it and Conservation State committees and tween the payee and the warehouseman. determines necessary for delivery of Agricultural Stabilization and Conserva­ (d) Transit billing. Grain transferred grain. tion county committees (herein called to payees will be grain with no transit § 1421.3786 Redemptions by subsequent State and ' county committees), ASCS privileges. holders. commodity offices, and the ASCS Data Processing Center. State and county § 1421.3784 Deliveries to payee o f grain Subsequent holders who wish to obtain from CCC binsites. committees, ASCS commodity offices, the redemption of a certificate shall apply to ASCS Data Processing Center, and em­ (a) The price of binsite stored grain the ASCS commodity office or branch ployees thereof do not have authority to delivered to payees in redemption of cer­ commodity office (hereafter called “ASCS modify or waive any of the provisions of tificates issued to them shall be deter­ commodity office”) for the area in which this subpart or any amendments-or sup­ mined on the basis of delivery f.o.b. the the desired grain is located. The ASCS plements to this subpart. payee’s conveyance at the binsite. CCC commodity office shall determine the shall be responsible for bin emptying time and place of delivery and the kind, § 1421.3790 ASCS commodity offices. class,'grade, and quality of grain for charges and the cost of weighing. De­ The address and telephone numbers of which a certificate held by a subsequent livery weights on such redemptions shall the ASCS commodity offices responsible be obtained at a usual weighpoint for holder may be redeemed. To the maxi­ for the redemption of certificates owned mum extent practicable, the ASCS com­ the binsite determined by the county by subsequent holders are as follows: modity office will make available to a office. Trucking costs to such weigh­ (a) Kansas City ASCS Commodity O f­ warehouseman grain stored in his fa­ point shall be for the account of the fice, Post Office Box 205, Kansas City, payee. cility in redemption of certificates ob­ Mo., 64141, Telephone: Emerson 1-0860. (b) Title shall pass to the payee when tained by the warehouseman through (b) Evanston ASCS Branch Office, the grain is weighed. Risk of loss to sales of his own grain to payees. Appli­ 2201 Howard Street, Evanston, 111., 60202, cable transit billing shall be transferred the grain shall pass to the payee when Telephone: UNiversity 9-0600. (Branch the grain is placed in the buyer’s con­ with grain delivered to a subsequent of Kansas City ASCS Commodity Office.) holder at the option of CCC, and the veyance at the storage site unless the (c) Minneapolis ASCS Branch Office, value of any billing transferred to the Payee removes the grain from the stor­ Room 310,. Grain Exchange Building, subsequent holder, as determined by age structure. If the payee performs Minneapolis, Minn., 55415, Telephone: this service, risk of loss shall pass to CCC, shall be included in computing the 334-2051. (Branch of Kansas City ASCS the payee as the grain is removed from value of the grain. Commodity Office.) the storage structure. § 1421.3787 Issuance of balance certifi­ (d) Portland ASCS Branch Office, 1218 (c) Applicable bin emptying, and cates. Southwest Washington Street, Portland, weighing services on such redemptions Oreg., 97205, Telephone: 226-3361. snail be performed under the Usual If the full amount of the face value of a certificate is not redeemed in grain (Branch of Kansas City ASCS Commod­ county office agreements, at the prevail- ity Office.) mg rates in the county, or by ASCS per­ by the payee or a subsequent holder, a sonnel, at the option of CCC. balance certificate shall be issued to the Signed at Washington, D.C., on Feb­ ii (<*) ^Binsite grain shall be delivered certificate holder for the unused amount ruary 28,1966. “t8 rW* va*ue grain on deliveries less any deductions for the charges pro­ H. D. G o d f r e y , "®,ls ’ shall be based on the class, grade, vided in § 1421.3775. If the amount is Executive Vice President, ana quality of the grain in the bin from $3.00 or less, no balance certificate will Commodity Credit Corporation. wmch delivery will be made, as deter- be issued unless requested. The date of [F.R. Doc. 66-2302; Filed, Mar. 3, 1966; nuned by CCC, with no adjustment for the balance certificate shall be a date 8:51 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3388 RULES AND REGULATIONS

This supersedes Amendment 39-162 from the fuel pressure gage vent connection (30 F.R. 14780), AD 65-27-3. and routed such that it will not terminate Title 14— AERONAUTICS AND at a point where the discharge of fuel from This amendment becomes effective the outlet would constitute a fire hazard or March 4, 1966. from which fumes could enter personnel SPACE [Secs. 313(a), 601, and 603 of the Federal compartments. Chapter I— Federal Aviation Agency Aviation Act of 1958; 49 UJ5.C. 1354(a), 1421 This supersedes Amendment 586 (28 and 1423) [Docket No. 7035; Arndt. 39-202] F.R. 7394) AD 63-15-3. Issued in Washington, D.C., on Feb­ This amendment becomes effective PART 39— AIRWORTHINESS ruary 28, 1966. April 3,1966. DIRECTIVES G. S. M oore, (Secs. 313(a), 601, and 603 of the Federal Director, Flight Standards Service. Aviation Act of 1958; 49 U.S.C. 1354(a), Piper Model PA-25-235 Airplanes [F.R. Doc. 66-2239; Filed, Mar. 3, 1966; 1421, and 1423) Amendment 39-162 (30 F.R. 14780), 8:45 a.m.] Issued in Washington, D.C., on Feb­ AD 65-27-3, requires dye penetrant in­ ruary 28,1966. spection, and repair where necessary, of [Docket No. 7103; Arndt. 39-203] C. W . W a lk e r , the upper fuselage longerons on Piper Acting Director, Model PA-25-235 airplanes. Subsequent PART 39— AIRWORTHINESS Flight Standards Service. to the issuance of Amendment 39—162, DIRECTIVES [F R . Doc. 66-2240; Filed, Mar. 3, 1966; the Agency has determined that the 8:45 a.m.] longeron cracks are the result of improp­ Thomas A. Edison and Garwin, Inc. er welding, and exist in low time as well Engine Gage Units as high time airplanes. Therefore, the [Airspace Docket No. 65-SW-28] A proposal to amend Part 39 of the AD is being superseded by a new AD that PART 71— DESIGNATION OF FEDERAL incorporates the requirements of the Federal Aviation Regulations to super­ original AD with a 25 hour compliance sede Amendment 586 (28 FJt. 7394), AD AIRWAYS, CONTROLLED AIRSPACE, time for all Piper Model PA—25—235 air­ 63-15-3, with a new directive covering AND REPORTING POINTS both Thomas A. Edison and Garwin, Inc., planes, and provides that the upper Control Zone and Transition Area; longerons, P/N 61001-5, may be inspected engine gage units was published in 31 by X -ray in lieu of dye penetrant. F .R .352. Amendment of Designation and Although this amendment contains Interested persons have been afforded Alteration an opportunity to participate in the provisions that are a relaxation of the On January 8, 1966, F.R. Doc. 66-229 making of the amendment. No objec­ existing requirements, other provisions was published in the F ederal R egister tions were received. have been added that require compli­ (31 FR. 250) which designated a control In consideration of the foregoing, and ance without further delay. Therefore, zone and altered the transition area in pursuant to the authority delegated to good cause exists for making this amend­ the Gallup, N. Mex., terminal area. This me by the Administrator (25 F.R. 6489), ment effective without compliance with document included reference to the § 39.13 of Part 39 of the Federal Avia­ the notice, procedure, and effective date McKinley County Airport (latitude 35°- tion Regulations is amended by adding provisions of the Administrative Pro­ 30'35" N., longitude 108°47'00" W.) at the following new airworthiness direc­ cedure Act. Gallup, N. Mex. In consideration of the foregoing, and tive: Subsequent to the publication of this pursuant to the authority delegated to Edison and G a r w in . Applies to Thomas A. rule in the F ederal R e g ist e r , notifica­ me by the Administrator (25 F.R. 6489), Edison Models 195 and 273 aircraft en­ tion was received that the name of the § 39.13 of Part 39 of the Federal Aviation gine gage units (Models manufactured airport had been changed from the Mc­ for Military use are identified as AN Regulations is amended by adding the Kinley County Airport to Senator Clarke following new airworthiness directive: 5773—1A or —T1A, AN 5773-2 or -72, MS 28043-1 or -T l, and MS 28043-2 or - T 2 ), Field and accordingly, the rule is P iper. Applies to Model PA—25—235 Airplanes, and Garwin, Inc. engine gage units, amended herein. 'Since this amendment Serial Numbers 25-02, 25-2000 through P/N’s 22-802-03 through -014 and 22- is editorial in nature and imposes no 25-3731. 802-022, with date stamp before April 1, additional burden on any person, notice Compliance required within the next 25 1961. and public procedures hereon are unnec­ hours' time in service after the effective date Compliance required within the next 300 essary and the effective date of the final of this AD, unless already accomplished. hours’ time in service after the effective date rule as initially adopted may be retained. (a) Inspect the left and right %"x0.35" of this AD. In consideration of the foregoing, par­ upper longerons, P/N 61001—5, located in the Numerous instances of failure of the fuel agraphs numbered 1 and 2 of F.R. Doc. hopper bay, for cracks by dye penetrant tech­ pressure diaphragm assembly used in the No. 66-229 are amended to read as fol­ nique and a glass of at least 10-power, or by gages affected have been reported. When X-ray inspection in accordance with Piper the gage is under pressure, the diaphragm lows: . , Service Letter No. 463A, dated February 14, ruptures resulting in failure of the fuel pres­ 1. In § 71.171 (29 FJEt. 17581) the fol­ 1966, or later FAA-approved revision, or by sure indicator portion of the gage, causing a lowing control zone is added: an equivalent approved by the Chief, Engi­ serious fire hazard as well as malfunction­ G allup, N. M ex. neering and Manufacturing Branch, FAA ing of the fuel pressure indicating portion Southern Region. of the instrument. To prevent recurrence That airspace within a 5-mile radius o f the Senator Clarke Field (latitude 35°30'35" N ote: I f the inspection specified in para­ of this condition, accomplish the following: graph (a) is accomplished by the dye pene­ (a) Overhaul gage units manufactured longitude 108°47'00" W .), within 2 miles trant technique, which requires removal of prior to June 30, 1962, by replacing the dia­ each side of the Gallup VOR 232* and 061 radials, extending from the -mile radius zone the hopper tank, particular attention should phragm and capillary tube assembly, P/N 5 to 6.5 miles SW of the VOR. This control be given to the area of the forward hopper 45016- with a new assembly, P/N 45010- in zone is effective during the dates and times attachment fittings. accordance with T. A. Edison Service Bulletin published in the Airman’s Information (b) If cracks are found during the inspec­ No. 05—75AB-1—SB—1 or FAA-approved equiv­ tion required by paragraph (a ), inspect the alent. The new assemblies are identified by Manual. right and left % ” x0.35" upper longerons, the manufacturer with a %-inch wide white 2. In Section 71.181 (29 F.R. 17665) P/N’s 64001-13 and -14, located in the fuel band painted on the capillary tube adjacent the Gallup, N. Mex., transition area is to the solder joint of the tube to the dia­ bay, for cracks by dye penetrant technique amended to read as follows: and a glass of at least 10-power. phragm assembly. Identify gage units over­ (c) Repair longerons with cracks aft of hauled in accordance with this AD by plac­ G allup, N. M ex. ing a white paint dot approximately % inch the wing lift strut fitting» in accordance with That airspace extending upward from Piper Service Letter No. 463, dated Novem­ in diameter, directly below the nameplate and between the “fuel’’ and “vent’’ bosses feet above the surface within an 8-mile ram ber 12, 1965, or later FAA-approved revision, of Senator Clarke Field (latitude 35*30 so or an FAA-approved equivalent. Repair on the outside of the instrument nameplate. (b) All gage units shall be vented over­ N., longitude 108°47'00'' W .); within 2 mne longerons with cracks forward of the wing each side of the Gallup VOR 232° rad > lift strut fitting in an FAA-approved manner. board by means of a fuel drain line leading

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3389 extending from the 8-mile radius area to 8 porate or other device, in connection Schaefer, individually and as an officer miles SW of the VOR; and that airspace with the advertising, offering for sale, of said corporation, and respondents’ extending upward from 1,200 feet above the sale, or distribution of flag kits or other surface within an area bounded by a line agents, representatives and employees, beginning at latitude 35°47'30" N., longitude merchandise in commerce, as “com­ directly or through any corporate or 108°34'00" W.; to latitude 35°25'00" N., lon­ merce” is defined in the Federal Trade other device, in connection with the gitude 108°38'30" W.; to latitude 35°15'00'' Commission Act, do forthwith cease and offering for sale, sale or distribution of N., longitude 109°00'00" W.; to latitude desist from: courses of study or instruction in insur­ 35°25'(XX'' N., longitude 109°07'00" W .; to 1. Representing, directly or by impli­ ance claims adjusting or any other sub­ latitude 35°52'00'' N., longitude 108°47'00" cation, that they are manufacturers or ject, trade or occupation, in commerce, W.; to point of beginning. that they own, operate or control a fac­ as “commerce” is defined in the Federal (Sec. 307(a) of the Federal Aviation Act of tory or other manufacturing facility or Trade Commission Act, do forthwith 1958; 49 U.S.C. 1348) facilities or that they manufacture the cease and desist from representing, di­ merchandise offered for sale or sold by Issued in Fort Worth, Tex., on Feb­ rectly or by implication, that: them. ruary 24, 1966. (1) Persons who complete respond­ 2. Representing, by preticketing or in H e n r y L. N e w m a n , ents’ course in insurance claims adjust­ any other manner, that any amount is SW-1. ing will be fully trained and qualified the retail price of any article of mer­ insurance claims adjusters; -or misrepre­ [F.R. Doc. 66-2241; Filed, Mar. 3, 1966; chandise, unless said amount is respond­ 8:45 a.m.] senting, in any manner, the training af­ ents’ good faith estimate of the said ar­ forded by any of respondents’ courses of ticle’s actual retail price and said amotmt instruction. does not appreciably exceed the highest ( ) Respondents have an exclusive ar­ price at which substantial sales of said 2 rangement with any employment agen­ Title 16— COMMERCIAL article are made in respondents’ trade area. cies; or that such agencies will provide special services or preferential treatment PRACTICES 3. Placing in the hands of jobbers, re­ to respondents’ graduates; or misrepre­ tailers, dealers and others, the means Chapter I— Federal Trade Commission senting, in any manner, the assistance and instrumentalities by and through furnished to graduates of any of re­ [Docket C—1036] which they may mislead or deceive the spondents’ courses in securing employ­ PART 13— PROHIBITED TRADE purchasing public concerning the retail ment. PRACTICES selling price of any article of merchan­ dise in respondents’ trade area. (3) Respondents know how many Benson & Rixon Co. et al. It is further ordered, That the respond­ openings for insurance claims adjusters ents herein shall, within sixty (60) days will occur at any time or in any place; Subpart— Advertising falsely or mis­ after service upon them of this order, file or representing, in any manner, that re­ leadingly: § 13.15 Business status, ad­ with the Commission a report in writing spondents are able to determine the de­ vantages, or connections. 13.15-235 setting forth in detail the manner and mand for insurance claims adjusters. Producer status of dealer or seller: form in which they have complied with (4) Persons completing respondents’ 13.15-235 (m) Manufacturer; § 13.155 this order. course are assured of placement as an in­ Prices. 13.155-45 Fictitious marking. surance claims adjuster; or misrepre­ Subpart—Furnishing means and instru­ Issued: January 20,1966. senting, in any manner, the assurances of mentalities of misrepresentation or de­ By the Commission. or opportunities for employment avail­ ception: § 13.1055 Furnishing means and able to graduates óf respondents’ courses. instrumentalities of misrepresentation or [ s e a l ] J o s e ph W . S h e a , (5) Persons completing respondents’ deception. 13.1055-50 Preticketing mer­ Secretary. course in insurance claims adjusting will chandise misleadingly. Subpart— Mis­ [F.R. Doc. 66-2246; Filed, Mar. 3, 1966; earn $450 per month and up as insurance representing oneself and goods— Busi­ 8:45 a.m.] claims adjusters by virtue of such train­ ness Status, Advantages or Connections: ing; or misrepresenting, in any manner, § 13.1400 Dealer as manufacturer; Mis­ [Docket C—1037] the earnings of persons completing re­ representing oneself and goods— Prices. spondents’ courses. § 13.1810 Fictitious marking. PART 13— PROHIBITED TRADE (6) Employment agencies have agreed (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret PRACTICES with respondents to furnish special serv­ or apply Sec. 5, 38 Stat. 719, as amended, 15 ices in referring respondents’ graduates U-S.C. 45) [Cease and desist order, Benson Continental School of Denver, Inc., to employers seeking insurance claims & Rixon Co. et al., Chicago, 111., Docket C - 1036, Jan. 20, 1966] and Paul A. Schaefer adjusters. Subpart— Advertising falsely or mis­ (7) Any claim adjusting company or In the Matter of Benson & Rixon Co., leadingly: § 13.60 Earnings and profits. insurance company makes it a practice a Corporation, and Loyal Flag Co., a §13.115 Jobs and employment service. to interview graduates of respondents’ Corporation, and Edward Freeman, Subpart—Misrepresenting oneself and claim adjusters course before interview­ and Donald B. Weren, Individually and goods— Goods: § 13.1615 Earnings and ing other prospective employees. as Officers of Said Corporation profits. § 13.1670 Jobs and employment. (8) Claim adjusting companies and insurance companies are saving up to Consent order requiring Chicago, 111., (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret distributors of flags and banners to cease or apply Sec. 5, 38 Stat. 719, as amended, 15 $5,000 or any other amount in training misrepresenting themselves as manufac­ U.S.C. 45) [Cease and desist order, Conti­ costs for each new claims adjuster by turers through use of the word “Manu­ nental School of Denver, Inc., et al., Denver, hiring graduates of respondents’ course. facturers” on letterheads and in adver­ Colo., Docket C-1037, Jan. 20,1966] It is further ordered, That the re­ tising and promotional material, and spondents herein shall, within sixty (60) Consent order requiring a Denver, Preticketing their flag kits with a de­ days after service upon them of this Colo., correspondence school in insur­ ceptive retail selling price. order, file with the Commission a report ance claims adjusting, to cease making The order to cease and desist, includ­ in writing setting forth in detail the false training and employment offers ing further order requiring report of manner and form in which they have and exaggerated earning claims and compliance therewith, is as follows: complied with this order. other misrepresentations in its news­ It is ordered, That respondents Benson paper and magazine advertising. ® Rixon Co., a corporation, and its offi- Issued: January 20, 1966. The order to cease and desist, includ­ ® a n d Loyal Flag Co., a corporation, By the Commission. , «na its officers, and Edward Freeman and ing further order requiring report of iJonald B. Weren, individually and as compliance therewith, is as follows: [ s e a l ] J o s e ph W . S h e a , CeJs °* sa^ -koynl Flag Co., and re- It is ordered, That respondents Con­ Secretary. o«? i en^s* representatives, agents and tinental School of Denver, Inc., a cor­ [F.R. Doc. 66-2247; Filed, Mar. 3, 1966; mployees, directly or through any cor­ poration, and its officers, and Paul A. 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3390 RULES AND REGULATIONS

[Docket 0-1038] posited and a sale or purchase of certifi­ Title 17— COMMODITY AND cates representing such securities within PART 13— PROHIBITED TRADE a period of less than 6 months. Under PRACTICES SECURITIES EXCHANGES this provision, the exemption would not be rendered unavailable in its entirety by Ralph DeSalvo Trading as Chapter II— Securities and Exchange a purchase or sale and sale or purchase Eastern Golf Co. Commission of an amount of securities less than the amount deposited or withdrawn from de­ Subpart—Furnishing means and in­ [Release No; 34-7826] strumentalities of misrepresentation or posit, but only to the extent of the securi­ deception: § 13.1055 Furnishing means PART 240— GEN ERA L RULES AND ties involved in the purchase and sale or and instrumentalities of misrepresenta­ REGULATIONS, SECURITIES EX­ sale and purchase transaction. tion or deception. Subpart—Misrepre­ CHANGE ACT OF 1934 The rule as published for public com­ senting oneself and goods— G O O D S: ment would also have provided for retro­ § 1695 Old, secondhand, reclaimed or re­ Insider Trading; Exemption of Certain active effectiveness of the amended rule. constructed as new. Subpart—Neglect­ Transactions This provision has also been omitted ing, unfairly or deceptively, to make from the amended rule as adopted. On November 18, 1965, in Securities material disclosure: § 13.1880 Old, used, Rule 16b-9. The amended Rule 16b-9 Exchange Act Release No. 7750 (see 30 or reclaimed as unused or new. provides an exemption from section 16 F.R. 14742, November 27, 1965), the Se­ (b) for the conversion of an equity se­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret curities and Exchange Commission pub­ curity which by its terms or pursuant to or apply Sec. 5, 38 Stat. 719, as amended, 15 lished proposed amendments to Rule the terms of the corporate charter or U.S.C. 45.) [Cease and desist order, Ralph 16b-8 (17 CFR 240.16b-8) and Rule DeSalvo trading as Eastern Golf Co., Bronx, other governing instruments is convert­ N.Y., Docket C-1038, aJn. 25, 1966] 16b-9 (17 CFR 240.16b-9) and invited ible into another equity security of the all interested persons to comment there­ same issuer, provided that no more than Consent order requiring a Bronx, N.Y., on. After consideration of the com­ 15 percent of the value of the security re­ individual trading as Eastern Golf Co. to ments received and further consideration ceived at the time of the conversion is disclose affirmatively by proper labeling of the matter, the Commission has de­ received or paid in cash or other property of packages and wrappers that the previ­ termined to adopt the amendments as (other than the convertible security given ously used golf balls he sells have been hereinafter set forth. in exchange) in connection with the con­ rewashed and repainted. Section 16(b) of the Act was enacted version. The amended rule does not ap­ The order to cease and desist, includ­ for the purpose of discouraging the un­ ply to the exercise of an option to pur­ ing further order requiring report of fair use of information in short-term chase a security. However, provision is compliance therewith, is as follows: trading by beneficial owners of more made whereby a cash or other payment It is ordered, That the respondent than 10 percent of a class of equity secu­ may be required not to exceed 15 percent Ralph DeSalvo trading as Eastern Golf rity registered pursuant to section 12 of of the value of the equity security issued Co., or under any other trade name and the Act and officers and directors of the upon conversion. respondent’s representatives, agents and issuer of such a security. Section 16(b) The proposed amendments to the rule employees, directly or through any cor­ provides that profits realized by such as published for public comment stated porate or other device, in connection with persons from the purchase and sale, or that the amended rule should not be con­ the offering for sale, sale and distribu­ sale and purchase, of any equity security, strued to exempt from section 16(b) any tion of used, rewashed or repainted golf whether or not registered, of the issuer, purchase or sale of any convertible equity balls in commerce, as “commerce” is de­ within a period of less than 6 months, security and any sale or purchase of any fined in the Federal Trade Commission inure to and are recoverable by or on equity security as to which the conver­ Act, do forthwith cease and desist from: behalf of the company. sion privilege relates (otherwise than in a 1. Failing clearly to disclose on the Rule 16b-8. The amended Rule 16b-8 transaction exempted by this rule or any boxes in which respondent’s rewashed or provides that the acquisition and disposi­ other rule under section 1 6(b)) within a repainted golf balls are packaged, on the tion of equity securities pursuant to the period of less than 6 months. The Com­ wrapper and on said golf balls them­ deposit or withdrawal of such securities mission has determined that this state­ selves, that they are previously used balls under a voting trust or deposit agreement ment is unnecessary and, instead, the which have been rewashed or repainted: are exempt from the operation of section amended rule as adopted provides that Provided, however, That disclosure need 16(b) of the Act, subject to certain con­ the rule shall not apply to the extent that not be made on the golf balls themselves ditions. The amended rule requires as a there has been any purchase (including if respondent establishes that the disclo­ condition to the exemption that substan­ any acquisition of or change in a conver­ sure on the boxes and/or wrappers is tially all of the assets held under the vot­ sion privilege) or sale of convertible secu­ such that retail customers, at the point ing trust or deposit agreement immedi­ rities and any sale or purchase of securi­ of sale, are informed that the golf balls ately after the deposit or immediately ties of the class issuable upon the con­ are previously used and have been re­ prior to the withdrawal consisted of version (unless otherwise exempt under washed or repainted. equity securities of the class deposited or section 16(b)) within a period of less than 2. Placing any means or instrumental­ withdrawn. 6 months. Under this provision, the ex­ ity in the hands of others whereby they The proposed amendments to the rule emption would not be'rendered unavail­ may mislead the public as to the prior as published for public comment stated able in its entirety by a purchase or sale use and rewashed or repainted nature of that the amended rule should not be con­ and sale or purchase of an amount of se­ their golf balls. strued to exempt from the operation of curities less than the amount converted, It is further ordered, That the respond­ section 16(b) any purchase or sale of one but only to the extent of the securities in­ ent herein shall, within sixty (60) days class of equity security involved in a volved in the purchase and sale or sale after service upon him of this order, file transaction exempted by the rule and any with the Commission a report in writing and purchase transaction. sale or purchase of the other class in­ The rule as published for public com­ setting forth in detail the manner and volved (otherwise than in a transaction form in which he has complied with this ment would also have provided for retro­ exempted by this rule or any other rule active effectiveness of the amended rule. order. adopted by the Commission under section This provision has also been omitted Issued: January 25, 1966. 16(b)) within a period of less than 6 months. The Commission has deter­ from the amended rule as adopted. By the Commission. mined that this provision is unnecessary The exemption granted by the [ s e a l ] J o s e p h W . S h e a , and, instead, the amended rule provides amended rule applies to conversions Secretary. that the exemption shall not be available which occur by virtue of the provisions in the security or a governing instrument [F.R. Doc. 66-2248; Filed, Mar. 3, 1966; to the extent that there has been a pur­ 8:45 am .] chase or sale of securities of the class de­ as well as to the conversion at the elee-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3391

tion of the holder of a convertible secu­ the payment or entail the receipt, in on November 2,1965 (30 F.R. 13877), and, rity or of some other person, such as the connection with such conversion, of cash thereby, invited the submission of com­ issuer. or other property (other than equity ments concerning the proposal. No re­ Commission action. Sections 240.16b- securities involved in the conversion) sponses have been received. 8 and 240.16b-9 of Title 17 of the Code equal in value at the time of conversion An instruction similar to the one here of Federal Regulations are amended to to more than i5 percent of the value of prescribed has always been included in read as follows: the equity security issued upon conver­ the system of accounts applicable to § 240.16b—8 Exemption from section sion. Classes A and B companies, but at the 16 (b) of transactions involving the (c) For the purpose of this section, antime the system was being drafted in deposit or withdrawal o f equity secu­ equity security shall be deemed convert­ cooperation with the National Associa­ rities under a voting trust or deposit ible if it is convertible at the option of tion of Railroad and Utilities Commis­ agreement. the holder or of some other person or by sioners it was felt that the requirement operation of the terms of the security or Any acquisition or disposition of an might be too much of a burden on the the governing instruments. equity security involved in the deposit of small Class C companies. Latterly, how­ such security under, or the withdrawal (Secs. 16, 23; 48 Stat. 896, 901, as amended; ever, several of the state commissions of such security from, a voting trust or 15 U.S.C. 78p, 78w) have experienced difficulties because of the lack of a work order accounting sys­ deposit agreement, and the acquisition or The Commission finds that the trans­ tem for the Class C companies and, as a disposition in connection therewith of actions exempted by the foregoing rules result, the Committee on Accounts of the certificate representing such secu­ are not comprehended within the pur­ the NARUC included the following rec­ rity, shall be exempt from the operation pose of section 16(b) of the Act and has ommendation in the minutes of a meet­ of section 16(b) of the Act if substantially taken the foregoing action pursuant to ing held on April 20 and 21, 1965: all of the assets held under the voting the Securities Exchange Act of 1934, par­ trust or deposit agreement immediately ticularly sections 16(b) and 23(a) there­ The present System of Accounts for Class after the deposit or immediately prior to of. Inasmuch as the amended rules C Electric, Gas, and Water Utilities does not the withdrawal, as the case may be, con­ grant or recognize exemptions or relieve specifically require a work order system in sisted of equity securities of the same accounting for plant. The consensus of opin­ restrictions, the Commission finds that ion was that this class of utilities is large class as the security deposited or with­ they may be made effective immediately. enough that a work order system should be drawn: Provided, however, That this Accordingly, the amended rules shall be maintained, and that it was the only feasible section shall not apply to the extent that effective February 17,1966. way in which accurate records could be main­ there shall have been either (a) a pur­ tained of construction costs. Accordingly, it chase of an equity security of the class By the Commission, February 17,1966. was recommended that paragraphs (a) and (b) of Utility Plant Instruction 11, of the deposited and a sale of any certificate [SEAL] O rval L. D uB ois, representing an equity security of such Classes A and B System of Accounts be Secretary. adopted also for Class C UtUities. class, or (b) a sale of an equity security [F.R. Doc. 66-2266; Filed, Mar. 3, 1966; of the class deposited and a purchase of 8:47 a.m.J The Commission therefore finds: In any certificate representing an equity view of the foregoing, it is necessary and security of such class (otherwise than in appropriate for the administration of a transaction involved in such deposit or the Federal Power Act and Natural Gas withdrawal or in a transaction exempted Act that the amendments to the Uniform by any other rule under section 16(b)), Title 1 8 — CONSERVATION OF System of Accounts, as proposed in the within a period of less than 6 months notice of proposed rule making heretofore which includes the date of the deposit or POWER AND WATER RESOURCES issued in this proceeding, now be pre-_ withdrawal. Chapter I— Federal Power scribed. The Commission, acting pursuant to § 240.16b-9 Exemption from section Commission the authority of the Federal Power Act, 16(b) o f transactions involving the [Docket No. R-288; Order No. 318] conversion o f equity securities. as amended, particularly sections 301 and PART 104— UNIFORM SYSTEM OF 309 thereof (49 Stat. 854, 858; 16 U.S.C. (a) Any acquisition or disposition of 825, 825h) and the Natural Gas Act, as an equity security involved in the con­ ACCOUNTS FOR CLASS C PUBLIC amended, particularly sections 8 and 16 version of an equity security which, by UTILITIES AND LICENSEES thereof (52 Stat. 825, 830; 15 U.S.C. 717g, its terms or pursuant to the terms of 717o), orders: the corporate charter or other governing PART 204— UNIFORM SYSTEM OF (A ) The Uniform System of Accounts, instruments, is convertible immediately ACCOUNTS FOR CLASS C NATURAL prescribed for Class C public utilities, Rafter a stated period of time into an- GAS COMPANIES licensees, and natural gas companies by ir equity security of the same issuer, Part 104, Subchapter C, and Part 204, shall be exempt from the operation of Prescribing Electric and Gas Plant Subchapter F, respectively, of Chapter section 16(b) of the Act: Provided, how- Instructions I, Title 18 of the Code of Federal Regula­ ever That this section shall not apply tions, are amended by adding to the Plant F e b r u a r y 28, 1966. to the extent that there shall have been Instructions contained in each, the fol­ either ( 1) a purchase of any equity secu­ In the matter of Work Order and Prop­ lowing new paragraph 13: rity of the class convertible (including erty Record System in Uniform System In Part 104— Uniform System of Ac­ any acquisition of or change in a conver- of Accounts Prescribed for Class C Public counts for Class C Public Utilities and «ao!1 Pr*vdege) and a sale of any equity Utilities, Licensees, and Natural Gas Licensees: curity of the class issuable upon conver- Companies, Docket No. R^288; Order No. sion or (2) a sale of any equity security 318. Electric Plant Instructions tne class convertible and any purchase The Commission, in this order, is ***** amending the Uniform System of Ac­ vp.v ^ security issuable upon con- 13. Work Order and Property Record counts applicable to Class C public utili­ irmSi0n./?therwis€ than in a transaction System Required. olved in such conversion or in a trans- ties, licensees, and natural gas compa­ A. Each utility shall record all con­ „0„,?n exempted by any other rule under nies, to require that all construction and struction and retirements of electric retirement of electric and gas plants, 16

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3392 RULES AND REGULATIONS tion and provided, further, that any section 226 of the Act and section 103 of ment may be made for posthospital maintenance costs involved in the work P.L. 89-97 (Social Security Amendments extended care services or posthospital shall likewise be segregated. of 1965) relating to entitlement to hos­ home health services (see section 1861 B. Each utility shall keep its work or­ pital insurance benefits. (n) of the Act), unless the discharge der system so as to show the nature of Sections 404.366-404.373 as added to from the hospital required to qualify each addition to or retirement of electric Subpart D read as follows: such services for payment (see section plant, the total cost thereof, the source 1861 (n) of the Act) occurred after June § 404.366 Hospital insurance benefits; 1966, or on or after the first day of the or sources of costs, and the electric plant entitlement in general. account or accounts to which charged or month in which he attains age 65, which­ credited. Work orders covering jobs of Subject to certain conditions and lim­ ever is later. For purposes of this sec­ short duration may be cleared monthly. itations on scope of benefits (see section tion an individual will be deemed entitled 1812 of the A c t), entitlement of an indi­ to a monthly insurance benefit under * * * * * vidual to hospital insurance benefits section 202 of the Act, or to be a qualified In Part 204— Uniform System of Ac­ means entitlement to have payment railroad retirement beneficiary, for the counts for Class C Natural Gas Com­ made on his behalf for inpatient hospital month in which he dies if he would have panies. services (seesection 1861(b) of the Act), been entitled to a monthly benefit under Gas Plant Instructions posthospital extended care services (see section 202 of the Act, or would have section 1861 (i) of the Act), posthospital been a qualified railroad retirement ***** home health services (see section 1861) beneficiary, for such month had he died 13. Work Order and Property Record (n) of the A c t), and outpatient hospital in the next month. System Required. diagnostic services (see section 1861 (p) § 404.370 Transitional provisions for A. Each utility shall record all con­ of the Act) if such services are furnished deemed entitlement o f uninsured in­ struction and retirements of gas plant him in the United States, or outside the dividuals to monthly benefits under by means of work orders or job orders. United States only in the case of certain section 202 of the Act. Separate work orders may be opened for emergency inpatient hospital services additions to and retirements of gas plant (see section 1814(f) of the Act). (a) Requirements. Unless excluded or the retirements may be included with under the provisions described in § 404.367 Hospital insurance benefits; the construction work order, provided, §§ 404.372 and 404.373, an individual conditions of entitlement. however, that all items relating to the who has attained age 65 will be deemed retirements shall be kept separate from An individual is entitled to hospital entitled to monthly insurance benefits those relating to construction and pro­ insurance benefits as described in part under section 202 of the Act, solely for vided, further, that any maintenance A of title X V III of the Social Security purposes of entitlement to hospital in­ costs involved in the work shall likewise Act, as amended, if such individual has surance benefits, if such individual: be segregated. attained age 65 and; (1) (i) Attained age 65 before 1968, or (ii) Attained age 65 after 1967 and B. Each utility shall keep its work (a) Is entitled to monthly insurance order system so as to show the nature has not less than 3 quarters of coverage benefits under section 202 of the Act as (as defined in Subpart B of Part 404 of of each addition to or retirement of gas described in this Subpart D,*or plant, the total cost thereof, the source this chapter or in section 5(1) of the (b) Is a qualified railroad retirement Railroad Retirement Act of 1937), when­ or sources of costs, and the gas plant ac­ beneficiary (see § 404.368), or count or accounts to which charged or ever acquired, for each calendar year (c) Is deemed entitled to monthly after 1965 and before the year he at­ credited. Work orders covering jobs of insurance benefits under section 202 of short duration may be cleared monthly. tained age 65; the Act as provided in section 103 of the (2) Is not entitled to hospital insur­ (Secs. 301, 309, 49 Stat. 864, 858, 16 TJ.S.C. Social Security Amendments of 1965 (see ance benefits as provided in § 404.367(a) 825, 825h; secs. 8, 16, 52 Stat. 825, 830, 15 § 404.370). and would not be entitled to such bene­ U.S.C. 717g, 7170) § 404.368 Hospital insurance benefits; fits upon filing an application for (B ) The amendments here prescribed qualified railroad retirement bene­ monthly benefits under section 202 of shall be effective March 30,1966. ficiary. the Act; (C ) The Secretary shall cause prompt For purposes of § 404.367(b), the term (3) Is not certifiable as a qualified publication of this order to be made in “qualified railroad retirement benefici­ railroad retirement beneficiary (see the F ederal R eg iste r . ary” means an individual whose name § 404.368); By the Commission. has been certified to the Administration (4) Is a resident of the United States by the Railroad Retirement Board under (for definition of United States see [ s e a l ] J o s e ph H. G u t r id e , § 404.2(c) (6) ) , and Secretary. section 21 of the Railroad Retirement Act of 1937. An individual shall cease (i) Is a citizen of the United States, [F.R. Doc. 66-2274; Filed, Mar. 3, 1966; to be a qualified railroad retirement or 8:48 a.m.] beneficiary at the close of the month (ii) Is an alien lawfully admitted for preceding the month which is certified permanent residence who has resided in by the Railroad Retirement Board as the the United States continuously during month in which he ceased to meet the the 5 years immediately preceding tire Title 20— EMPLOYEES’ BENEFITS requirements of section 21 of the Rail­ month in which he filed his application Chapter III— Social Security Adminis­ road Retirement Act of 1937. required under subparagraph (5) of this paragraph; and tration, Department of Health, Ed­ § 404.369 Hospital insurance benefits; (5) Has filed an application for en­ ucation, and Welfare duration o f entitlement. titlement to hospital insurance benefits [Beg. No. 4, further amended] An individual 16 entitled to hospital under this section. (See § 404.371.) >t insurance benefits beginning with the (b) Duration of “deemed entitlement. PART 404— FEDERAL OLD-AGE, SUR­ first month after June 1966, for which For purposes of 1 404.367 an individual VIVORS, AND DISABILITY INSUR­ he meets the conditions described in shall be deemed entitled to monthly in­ ANCE (1950______) § 404.367, and for each month thereafter surance benefits under section 202 of the for which he continues to be entitled, Act, solely for purposes of entitlement Subpart D— Entitlement to Hospital or deemed entitled, to monthly insur­ to hospital insurance benefits for each Insurance Benefits ance benefits as described in this Sub­ month beginning with the first month part D, or continues to be a qualified after June 1966 in which such individual A d d it io n s to S u b pa r t railroad retirement beneficiary, except meets the requirements of paragraph (a) Subpart D of Part 404, Chapter 331 (a) that no payment may be made for of this section and ending with the of Title 20 of tiie Code of Federal Reg­ posthospital extended care services (see month in which he dies or, if earlier, ulations is amended by adding §§ 404.- section 1861 (i) of the Act) furnished be­ the month before the month in which 366-404.373 to reflect the provisions of fore January 1967, and (b) that no pay­ he becomes (or upon application for

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3393

benefits under section 202 of the Act (a) At the beginning of the first month to as a “deduction-overpayment”) . The would become) entitled to monthly bene­ in which he meets the requirements of term “underpayment” as used in this fits under section 202 of the Act or be­ § 404.370(a), he is a member of an orga­ subpart refers only to monthly insurance comes certifiable as a qualified railroad nization which is registered, or there is benefits and means nonpayment where retirement beneficiary (see § 404.368). in effect a final order of the Subversive some amount of such benefits was pay­ § 404.371 Application for hospital in­ Activities Control Board requiring such able. An underpayment may be in the surance entitlement by uninsured in­ organization to register, under the Inter­ form of an accrued, unpaid benefit dividual. nal Security Act of 1950, as amended, as amount for which no check has been a Communist-action organization, a drawn or in the form of an unnegotiated An application for hospital insurance Communist-front organization, or a check payable to a deceased individual. entitlement filed by an individual not in­ Communist-infiltrated organization; or The provisions for adjustment also ap­ sured for monthly benefits under section (b ) Before the beginning of the first ply in cases where through error: 202 of the Act and which is filed more month in which he meets the require­ (a) A reduction required under sec­ than 3 months before the first month in ments of § 404.370(a), he has been con­ tion 203(a), 202(j) (1), 202(k) (3), or 205 which he meets the requirements of sub- victed of any offense under chapter 37 (n) of the Act is not made, or paragraphs (1), (2), (3), and (4) of (relating to espionage and censorship), (b) An increase required under sec­ paragraph (a) of § 404.370 is not con­ or chapter 115 (relating to treason, sedi­ tion 202(d) (2), 202(m ), or 215(g) of the sidered to be an application for purposes tion, and subversive activities), or chap­ Act is not made, or of § 404.370(a) (5). An individual who ter 105 (relating to sabotage) of title 18 (c) A deduction required under sec­ would have met the requirements of sub- of the United States Code, or sections 4 tion 203(b) (as may be modified by sec­ paragraphs (1), (2), (3), and (4) of (relating to conspiracy to establish dic­ tion 203(h)), 203(c), or 203 (i) of the paragraph (a) of § 404.370 in any month tatorship), 112 (relating to espionage or Act or section 907 of the Social Security had he filed an application before the sabotage), or 113 (relating to individuals Act Amendments of 1939 is not made, or end of such month will be deemed to assisting others wanted in connection (d) A suspension required under sec­ have met such requirements in such with espionage or sabotage) of the Inter­ tion 202 (n) of the Act is not made, or month if he files such application within nal Security Act of 1950, as amended. (e) Such a reduction, increase, de­ 12 months following such month. (Secs. 205, 226, 1102, 53 Stat. 1368, as duction, or suspension is made which is § 404.372 Exclusions from “deemed en­ amended, 53 Stat. 1362, as amended, 53 Stat. either larger or smaller than required. titlement” ; Federal employees. 647; sec. 103 of Pub. Law 89-97, 79 Stat. 333; 2. Section 404.503 is amended to read sec. 5 of the Reorg. Plan No. 1 of 1953; 67 as follows: (a) Coverage or eligibility under Fed­ Stat. 18,631; 42 U.S.O. 405,426,1302) eral Employee Health Benefits Act. Ex­ § 404.503 Underpayments. cept as provided in paragraph (b) of this Effective date. The foregoing effec­ Underpayments will be adjusted as section an individual cannot qualify for tive upon date of publication in the follows: deemed entitlement to monthly benefits F ederal R eg ist e r . (a) Individual underpaid is living. If under section 202 of the Act, for pur­ [ s e a l ] R o bert M . B a l l , an individual to whom an underpayment poses of § 404.370, if he either: Commissioner of Social Security. was made is living, the amount of such (1) Was covered by an enrollment in underpayment will be paid to such indi­ a health benefits plan under the Federal F e b r u a r y 9, 1966. vidual either in a single payment (if he Employees Health Benefits Act of 1959 as Approved: February 24, 1966. is not entitled to a monthly benefit or a of February 16,1965, or as of the first day lump-sum death payment) or by in­ of the first month in which he meets the W il b u r J. C o h e n , creasing one or more monthly benefits requirements set forth in § 404.370(a); or Acting Secretary of Health, or a lump-sum death payment to which (2) Could have been covered by a Education, and Welfare. such individual is or becomes entitled. health benefits plan under the Federal [P.R. Doc. 66-2259; piled, Mar. 3, 1966; (b) Individual dies before adjustment Employees Health Benefits Act of 1959 8:47 am .] of underpayment resulting from error. for the first month in which he meets Except as provided in paragraph (d) of the requirements in § 404.370(a) if he [Reg. No. 4, further amended] this section, if an individual to whom or some other person had availed him­ an underpayment was made dies before self of opportunities to enroll in a health PART 404— FEDERAL OLD-AGE, SUR­ adjustment is completed under para­ benefits plan under such Act and to con­ VIVORS, AND DISABILITY INSUR­ graph (a) of the section and such under­ tinue such enrollment; however, the ANCE (1950______) payment resulted from mistake, adjust­ provisions in this paragraph apply only ment will be made by increasing subse­ if he or such other person was a Federal Subpart F— Adjustment of quent benefits payable with respect to employee at any time after February 15, 1965. Underpayments the wages and self-employment income which were the basis of benefits of such (b) Nonapplicability of exclusion. M iscellaneous A m e n d m e n t s deceased individual. Nonpayment, with­ The exclusion described in paragraph Regulations No. 4 of the Social Security out mistake, is not error. (a) of this section does not apply in the Administration, as amended (20 CFR (c) Increasing benefits payable to case of any individual for the month 404.1 et seq.), are amended as follows: person entitled to lump-sum death pay­ or any month thereafter) in which: 1. Section 404.501 is amended to readment. No amount will be paid under the , d ) His.coverage under such health as follows: provisions of paragraph (b) of this sec­ oenents plan ceases (or would have tion to a person to whom a lump sum is eased if he had had such coverage); § 404.501 General applicability o f sec­ tion 204(a). payable as one equitably entitled within (2) Such cessation of coverage was by the meaning of § 404.360 (and to whom eason °f his or some other person’s Section 204(a) of the Act provides for no other benefits under paragraph (b) Paration from Federal service; and adjustments, as set forth in §§404.502 of this section are payable) in excess of , * ®e> or such other person, was not and 404.503, in cases where an error has the amount of burial expenses of the de­ f>rm«W0u^ no^ ^ ave been) eligible to been made which results in an over­ ceased individual paid by such person ration116 SUetl covera^e after such sepa- payment or underpayment to an indi­ and.no such payment shall be made to vidual under title II of the Act, includ­ a person only entitled to a lump sum ing overpayments and underpayments §404.373 Exclusion from deemed payable under § 404.358. prior to January 1940. As used in this . ement; membership in Com (d) Underpayment does not exceed nisi organizations, convictions part, the term “overpayment” includes amount of monthly benefit. Notwith­ subversion, treason. a payment where nothing was payable standing the provisions of paragraph (b) under title H of the Act and a payment of this section, if an individual dies be­ d i S J ndly?dual cannot qualify resulting from the failure to impose fore any payment due him under title II a S ? i l ®2Jttemeui to monthly ins timely deductions under section 203(b) of the Act is complete, and the total Act fbenefits under section 202 of (as may be modified by section 203(h)), amount due at the time of his death does "cc, ror purposes of § 404.370, if : or (c) of the Act (hereinafter referred not exceed the amount of the monthly

No. 43------3 FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH I, 1966 3394 RULES AND REGULATIONS insurance benefit to which he was ^en­ gotiate the check. Such beneficiary or the support of the legally dependent titled for the month preceding the month beneficiaries will be authorized to nego­ spouse, a legally dependent child, or a in which he died, payment of the amount tiate only one such check except where legally dependent parent of the bene­ due shall be made to the person, if any, the Administration finds that this re­ ficiary. determined to be the surviving spouse of striction will result in undue hardship. (Secs. 205, 1102, 53 Stat. 1368, as amended, 49 the deceased individual and to have been Such authorization shall be made by Stat. 647, as amended, 42 U.S.C. 405, 1302) living in the same household with the the placement on the face of the check of a stamped legend signed by an official 2. Effective date. The foregoing deceased at the time of his death. amendment shall become effective on the (e) Payment to estates. If an under­of the Administration redesignating the date of publication in the F ederal payment or any part thereof cannot be survivor or survivors as the payee of the R eg ist e r . adjusted under the provisions of para­ check. (See 31 CFR 360.4.) Where the graph (b) or (c) of this section, or if unnegotiated check represents benefits [ s e a l ] R obert M . B a l l , there is no person to whom an underpay­ for a month after the month of death or Commissioner ment under paragraph (d) of this sec­ for a month before the month preceding of Social Security. tion can be paid, the amount of such the month of death, negotiation of such F e b r u a r y 9,1966. underpayment or such part thereof shall check by the surviving payee or payees be paid only to the legal representative will not be authorized. Approved: February 24,1966. (c) Adjustment or recovery of over­ of the estate of the underpaid individual. W il b u r J. C o h e n , payment. Where a check representing (Secs. 204, 205,1102, 53 Stat. 1368, as amended, Acting Secretary of Health, payment of the total benefits payable 49 Stat. 647, as amended; sec. 5 of Reorg. Education, and Welfare. Plan No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. for a month to two or more beneficiaries 404, 405,1302) is negotiated by the surviving payee or [F.R. Doc. 66-2262; Filed, Mar. 3, 1966; payees pursuant to authorization under 8:47 a.m.] 3. Effective date. The foregoingparagraph (b) of this section and where amendments shall become effective on the amount of the check exceeds the the date of publication in the F ederal amount to which the surviving payee or R e g ist e r . payees are entitled for such month, ap­ Title 21— FOOD AND DRUGS [ s e a l ] R o bert M . B a l l , propriate adjustment or recovery, with Chapter I— Food and Drug Adminis­ Commissioner of Social Security. respect to such excess amount, shall be tration, Department of Health, Edu­ made in accordance with section 204(a) F e b r u a r y 9,1966. cation, and Welfare of the Act. Approved: February 24,1966. (Secs. 205 (a ), (n ), 1102, 53 Stat. 1368, as SUBCHAPTER B— FOOD AND FOOD PRODUCTS amended, 49 Stat. 647, as amended; sec. 5 of W il b u r J. C o h e n , PART 121— FOOD ADDITIVES Acting Secretary of Health, Reorg. Plan No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 405(a), (n ), 1302) Education, and Welfare, j Subpart F— Food Additives Resulting [P.R. Doc. 66-2260; Filed, Mar. 3, 1966; 2. Effective d a te . T h e foregoing From Contact With Containers or 8:47 a.m.] amendment shall become effective on the Equipment and Food Additives date of publication in the F ederal Otherwise Affecting Food R e g ist e r . [Reg. No. 4, Further Amended] M in e r a l O il [ s e a l ] R obert M . B a l l , - PART 404— FEDERAL OLD-AGE, SUR­ Commissioner of Social Security. The Commissioner of Food and Drugs, having evaluated the data in a petition VIVORS, AND DISABILITY INSUR­ F e b r u a r y 9,1966. ANCE (1950— ----) (FAP 4B1311) filed by Humble Oil and Approved: February 24,1966. Refining Co., Post Office Box 2180, Hous­ Subpart J— Procedures, Payment of ton, Tex., 77001, and other relevant ma­ W il b u r J. C o h e n , terial, has concluded that the food ad­ Benefits, and Representation of - Acting Secretary of Health, ditive regulations should be amended Parties Education, and Welfare. to provide for additional safe uses of N e g o t ia t io n b y S u r v ivo r s o f C h e c k [F.R. Doc. 66-2261; Filed, Mar. 3, 1966; mineral oil in the production of articles I ssu ed t o T w o or M ore B eneficiaries 8:47 a.m.] that contact food. Therefore, pursuant to the provisions of the Federal Food, Regulations No. 4 of the Social Se­ Drug, and Cosmetic Act (sec. 409(c)(1), curity Administration, as amended (20 [Reg. No. 4, Further Amended] 72 Stat. 1786; 21 U.S.C. 348(c) (D ), and CFR 40.4.1 et seq.), are further amended PART 404— FEDERAL OLD-AGE, SUR­ under the authority delegated to the as follows: Commissioner by the Secretary of 1. Section 404.904 is amended to read VIVORS, AND DISABILITY INSUR­ ANCE (1950______) Health, Education, and Welfare (21 CFR as follows: 2.120), Part 121 is amended in the fol­ § 404.904 Joint payments to a family. Subpart Q— Use of Benefits for Sup­ lowing respects: (a) Two or more beneficiaries in same port of Legally Dependent Spouse, 1. Section 121.2531(a) is amended by family. Where an amount is payable Child, or Parent adding a new subparagraph (3), as under title II of the Act for any month to follows: S u p p o r t o f L e g a l l y D e p e n d e n t two or more individuals who are mem­ § 121.2531 Surface lubricants used in S p o u s e , C h il d , or P ar ent bers of the same family, the Administra­ the manufacture of metallic articles. tion may, in its discretion, certify any Regulations No. 4 of the Social Secu­ 4c * * * * rity Administration, as amended (20 CFR two or more of such individuals for joint (a) * * * payment of the total benefits payable to 404.1 et seq.) are further amended as (3) Mineral oil conforming to the them for such month. follows: identity prescribed in § 121.2589(c). (b) Joint payee dies before negotia­ 1. Section 404.1607 is amended to read ***** tion of check. Where a check has been as follows: issued for joint payment of the total 2. Section 121.2589 is amended by § 404.1607 Support of legally depend­ adding a new paragraph (c ), as follows: benefits payable to two or more bene­ ent spouse, child, or parent. ficiaries and one of such beneficiaries If current maintenance needs of a § 121.2589 Mineral oil. dies before the check has been negoti­ ***** ated the Administration may, if the beneficiary are being reasonably met, a check represents payment for the month relative or other person to whom pay­ (c) Mineral oil identified in subpara­ of death or for the month preceding the ments are certified as representative graph ( 1) of this paragraph may be used month of death, authorize the surviving payee on behalf of the beneficiary may as provided in subparagraph ( 2) of whs payee beneficiary or beneficiaries to ne­ use part of the payments so certified for paragraph.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3395

(1) The mineral oil consists of virgin Spectrophotometric cells. Fused quartz Acetone, A.C.S. reagent grade. Use 200 petroleum distillates refined to meet the cells, optical path length in the range of milliliters for the test. Purify, if necessary, following specifications: 5,000 centimeter ±0.005 centimeter; also for by distillation. (i) Initial boiling point of 450° P. checking spectrophotometer performance Eluting mixtures: only, optical path length in the range 1,000 , 1. 10 percent benzene in isooctane. Pipet minimum. centimeter ±0.005 centimeter. With distilled 50 milliliters of benzene into a 500-milliliter (ii) Color 5.5 maximum as determined water in the cells, determine any absorbance glass-stoppered volumetric flask and adjust by ASTM Method B-1500. differences. to volume with isooctane, with mixing. (iii) Ultraviolet absorbance limits as Spectrophotometer. Spectral range 250 2. 20 percent benzene in isooctane. Pipet follows as determined by the analytical millimicrons-400 millimicrons with spectral 50 milliliters of benzene into a 250-milliliter method described in subparagraph (3) slit width of 2 millimicrons or less; under glass-stoppered volumetric flask and adjust of this paragraph: instrument operating conditions for these to volume with isooctane, with mixing, absorbance measurements, the spectro­ 3. Acetone-benzene-water mixture. Add Maximum absorbance photometer shall also meet the following 20 milliliters of water to 380 milliliters of per centimeter performance requirements: acetone and 200 milliliters of benzene, and Wavelength (m u) : optical pathlength Absorbance repeatability, ±0.01 at 0.4 ab­ mix. 280-289 ______...... 0. 7 sorbance. n-Hexadecane, 99-percent olefin-free, Di­ 290-299 ______------0.6 Absorbance accuracy,1 ±0.05 at 0.4 ab­ lute 1.0 milliliter of n-hexadecane to 26 milli­ 300-359 ______------0.4 sorbance. liters with isooctane and determine the 360-400 ______------0. 09 Wavelength repeatability, ±0.2 millimi­ absorbance in a 5-centimeter cell compared (2) The mineral oil may be used cron. to isooctane as reference point between 280 Wavelength accuracy, ±1.0 millimicron. wherever mineral oil is permitted for use mu—400 m/i. The absorbance per centimeter Nitrogen cylinder. Water-pumped or path length shall not exceed 0.00 in this as a component of nonfood articles com­ equivalent purity nitrogen in cylinder range. Purify, if necessary, by percolation plying with §§ 121.2519, 121.2520, 121.- equipped with regulator and valve to-con- through activated silica gel or by distillation. 2531 (for use only in rolling of metallic trol flow at 5 pjs.ig. Methyl alcohol, A.C.S. reagent grade. Use foil and sheet stock), 121.2535, 121.2536, 10.0 milliliters of methyl alcohol. Purify, if 121.2557, and 121.256. REAGENTS AND MATERIALS necessary, by distillation. (3) The analytical method for deter­ Organic solvents. All solvents used Dimethyl sulfoxide. Spectrophotometric mining ultraviolet absorbance limit is as throughout the procedure shall meet the grade (Crown Zeller bach Corporation, Camas, follows: specifications and tests described in this Washington, or equivalent). Absorbance specification. The isooctane, benzene, ace­ GENERAL INSTRUCTIONS (1-centimeter cell, distilled water reference, tone, and methyl alcohol designated in the sample completely saturated with nitrogen). Because of the sensitivity of the test, the list following this paragraph shall pass the possibility of errors arising from contamina­ following test: Absorbance Wavelength: ( Maximum) tion is great. It is of the greatest importance To the specified quantity of solvent in a 261.5______1.00 that all glassware be scrupulously cleaned 250-milliliter Erlenmeyer flask, add 1 milli­ 270 ______0. 20 to remove all organic matter such as oil, liter of purified n-hexadecane and evaporate 275 ------0. 09 grease, detergent residues, etc. Examine all on the steam bath under a stream of nitrogen 280 ______0. 06 glassware, including stoppers and stopcocks, (a loose aluminum foil jacket around the 300 ------0. 015 under ultraviolet light to detect any residual flask will speed evaporation). Discontinue fluorescent contamination. As a precau­ evaporation when not over 1 milliliter of There shall be no irregularities in the ab- tionary measure it is recommended practice residue remains. (To the residue "from sorbance curve within these wavelengths. to rinse all glassware with purified isooctane benzene add a 10-milliliter portion of puri­ Phosphoric acid. 85 percent A.C.S. reagent immediately before use. No grease is to be fied isooctane, reevaporate, and repeat once grade. used on stopcocks or joints. Great care to to insure complete removal of benzene.) Sodium borohydride. 98 percent. avoid contamination of oil samples in han­ Alternatively, the evaporation time can be Magnesium oxide ( Sea Sorb 43, Food Ma­ dling and to assure absence of any extraneous reduced by using the optional evaporation chinery Company, Westvaco Division, dis­ material arising from inadequate packaging flask. In this case the solvent and n-hexa­ tributed by chemical supply firms, or equiva­ is essential. Because some of the polynuclear decane are placed in the flask on the steam len t). Place 100 grams of the magnesium hydrocarbons sought in this test are very bath, the tube assembly is inserted, and a oxide in a large beaker, add 700 milliliters of susceptible to photo-oxidation, the entire stream of nitrogen is fed through the inlet distilled water to make a thin slurry, and procedure is to be carried out under subdued tube while the outlet tube is connected to. a light. heat on a steam bath for 30 minutes with solvent trap and vacuum line in such a way intermittent stirring. Stir well initially to APPARATUS as to prevent any flow-back of condensate Insure that all the adsorbent is completely Separatory funnels. 250-milliliter, 500- into the flask. wetted. Using a Buchner funnel and a filter milliliter, 1,000-milliliter, and preferably Dissolve the 1 milliliter of hexadecane res­ paper (Schleicher & Schuell No. 597, or equiv­ 2,000-milliliter capacity, equipped with idue in isooctane and make to 25 milliliters alent) of suitable diameter, filter with suc­ tetrafluoroethylene polymer stopcocks. volume. Determine the absorbance in the tion. Continue suction until water no longer Reservoir. 500-milliliter capacity, equipped 5-centimeter path length cells compared to drips from the funnel. Transfer the adsorb­ with a 24/40 standard taper male fitting at isooctane as reference. The absorbance of ent to a glass trough lined with aluminum the bottom and a suitable ball-joint at the the solution of the solvent residue (except foil (free from rolling oil). Break up the top for connecting to the nitrogen supply. for methyl alcohol) shall not exceed 0.01 magnesia with a clean spatula and spread out The male fitting should be equipped with the adsorbent on the aluminum foil in a per centimeter path length between 280 and glass hooks. layer about 1 centimeter to 2 centimeters 400 m/c. For methyl alcohol this absorbance Chromatographic tube. 180 millimeters in thick. Dry for 24 hours at 160° C. ±1° C. length, inside diameter to be 15.7 millimeters value shall be 0.00. Pulverize the magnesia with mortar and ±0.1 millimeter, equipped with a coarse, Isooctane ( 2,2,4-trimethylpentane) . Use pestle. Sieve the pulverized adsorbent be­ fritted-glass disc, a tetrafluoroethylene poly­ 180 milliliters for the test described in the tween 60-180 mesh. Use the magnesia re­ mer stopcock, and a female 24/40 standard preceding paragraph. Purify, if necessary, by tained on the 180-mesh sieve. tapered fitting at the opposite end. (Over­ passage through a column of activated silica Celite 545. Johns Mansville Company, all length of the column with the female gel (Grade 12, Davison Chemical Company, diatomaceous earth, or equivalent. joint is 235 millimeters.) The female fitting Baltimore, Maryland, or equivalent) about Magnesium oxide-Celite 545 mixture should be equipped with glass hooks. 90 centimeters in length and 5 centimeters to (2 + 1 ) by weight. Place the magnesium • Tetrafluoroethylene polymer 2-inch oxide (60-180 mesh) and the Celite 545 in 8 centimeters in diameter. mameter disc approximately %6-inch thick 2 to 1 proportions, respectively, by weight in witn a hole bored in the center to closely fit Benzene, A.C.S. reagent grade. Use 150 a glass-stoppered flask large enough for ade­ he stem of the chromatographic tube. milliliters for the test. Purify, if necessary, quate mixing. Shake vigorously for 10 min­ flask. 250-milliliter or 500-mil­ by distillation or otherwise. utes. Transfer the mixture to a glass trough liliter filter flask. lined with aluminum foil (free from rolling ir,5^n?e7lser‘ 24/40 joints, fitted with a dry- 1 As determined by procedure using potas­ oil) and spread it out on a layer about hg tube, length optional. sium chromate for reference standard and 1 centimeter to 2 centimeters thick. Reheat Evaporation flask (optional). 250-mil- described in National Bureau of Standards the mixture at 160° C. ± 1 ° c. for 2 hours, flnovr or 5°0'milliliter capacity all-class Circular 484, Spectrophotometry, U.S. De­ and store in a tightly closed flask. i, . eQhipped with standard taper stopper partment of Commerce, 1949. The accuracy Sodium sulfate, anhydrous, A.C.S. reagent n n® inl®t and outlet tubes to permit is to be determined by comparison with the grade, preferably in granular form. For each passage of nitrogen across the surface of standard values at 290, 345, and 400 millimi­ bottle of sodium sulfate reagent used, estab­ contained liquid to be evaporated. crons. lish as follows the necessary sodium sulfate

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4: 1966 3396 RULES AND REGULATIONS prewash to provide such filters required in successively with a 20-milliliter portion of isooctane concentrate solution onto the the method: Place approximately 35 grams isooctane and pass the solvent through the column and with slight pressure again allow of anhydrous sodium sulfate in a 30-milliliter sodium sulfate into the flask. Add 1 m il­ the liquid level to recede to barely above the course, fritted-glass funnel or in a 65-milli­ liliter of n-hexadecane and evaporate the adsorbent level. Rapidly complete the trans­ meter filter funnel with . glass wool plug: isooctane on the steam bath under nitrogen. fer similarly with two 5-milliliter portions wash with successive 15-milliliter portions Discontinue evaporation when not over 1 of isooctane, swirling the flask repeatedly of the indicated solvent until a 15-milliliter milliliter of residue remains. To the res­ each time to assure adequate washing ofl the portion of the wash shows 0.00 absorbance idue, add a 10-milliliter portion of isooctane, residue. Just before the final 5-milliliter per centimeter path lentgh between 280 m/i reevaporate to 1 milliliter of hexadecane, wash reaches the top of the adsorbent, add and 400 m/i when tested as prescribed under and repeat this operation once. 100 milliliters of isooctane to the reservoir “Organic solvents.” Usually three portions Quantitatively transfer the residue with and continue the percolation at the 2-3 mil­ of wash solvent are sufficient. isooctane to a 200-milliliter volumetric liliters per minute rate. Just before the last Before proceeding with analysis of a sam­ flask, make to volume, and mix. Determine of the isooctane reaches the adsorbent level, ple, determine the absorbance in a 5-centi­ the absorbance of the solution in the 1-cen­ add 100 milliliters of 10 percent benzene in meter path cell between 250 millimicrons and timeter pathlength cells compared to iso- isooctane to the reservoir and continue the 400 millimicrons for 'the reagent blank by octane as reference between 280 m/t—400 m/t percolation at the aforementioned rate. Just carrying out the procedure, without an oil (take care to lose none of the solution in before the solvent mixture reaches adsorbent sample, recording the spectra after the ex­ filling the sample cell). Correst the absorb­ level, add 25 milliliters of 20 percent benzene traction stage and after the complete proce­ ance values for any absorbance derived from in isooctane to the reservoir and continue dure as prescribed. The absorbance per reagents as determined by carrying out the the percolation at 2-3 milliliters per minute centimeter path length following the extrac­ procedure without an oil sample. If the cor­ until all this solvent mixture has been re­ tion stage should not exceed 0.02 in the rected absorbance does not exceed the limits moved from the column. Discard all the wavelength range from 280 m/i to 400 m/t; prescribed in this paragraph, the oil meets elution solvents collected up to this point. the absorbance per centimeter path length the ultraviolet absorbance specifications. If Add 300 milliliters of the acetone-benzene- following the complete procedure should not the corrected absorbance per centimeter water mixture to the reservoir and percolate exceed 0.02 in the wavelength range from pathlength exceeds the limits prescribed in through the column to elute the polynuclear 280 m/i to 400 m/i. If in either spectrum this paragraph, proceed as follows: Quan­ compounds. Collect the eluate in a clean 1- the characteristic benzene peaks in the 250 titatively transfer the isooctane solution to liter separatory funnel. Allow the column m/t-260 m/i region are present, remove the a 125-milliliter flask equipped with 24/40 to drain until most of the solvent mixture benzene by the procedure under “Organic joint, and evaporate the isooctane on the is removed. Wash the eluate three times solvents” and record absorbance again. steam bath under a stream of nitrogen to with 300-milliliter portions of distilled water, Place 300 milliliters of dimethyl sulfoxide a volume of 1 milliliter of hexadecane. Add shaking well for each wash. (The addition in a 1-liter separatory funnel and add 75 10 milliliters of methyl alcohol and approxi­ of small amounts of sodium chloride facili­ milliliters of phosphoric acid. Mix the con­ mately 0.3 gram of sodium borohydride. tates separation.) Discard the aqueous layer tents of the funnel and allow to stand for (M inimize exposure of the borohydride to after each wash. After the final separation, 10 minutes. (The reaction between the sulf­ the atmosphere. A measuring dipper may filter the residual benzene through anhydrous oxide and the acid is exothermic. Belease be used.) Immediately fit a water-cooled sodium sulfate pre-washed with benzene pressure after mixing, then keep funnel stop­ condenser equipped with a 24/40 joint and (see Sodium sulfate under “Reagents and Materials” for preparation of filter) into a pered.) Add 150 milliliters of isooctane and with a drying tube into the flask, mix until 250-milliliter Erlenmeyer flask (or optionally shake to pre-equilibrate the solvents. Draw the borohydride is dissolved, and allow to off the individual layers and store in glass- stand for 30 minutes at room temperature, into the evaporation flask). Wash the sep­ stoppered flasks. with intermittent swirling. At the end of aratory funnel with two additional 20-milli­ liter portions of benzene which are also Weigh a 20-gram sample of the oil and this period, disconnect the flask and evapo­ transfer to a 500-milliliter separatory funnel rate the methyl alcohol on the steam bath filtered through the sodium sulfate. Add 1 milliliter of n-hexadecane and completely containing 106 milliliters of pre-equilibrated under nitrogen until the sodium borohydride remove the benzene by evaporation under sulfoxide-phosphoric acid mixture. Com­ begins to come out of the solution. Then nitrogen, using the special procedure to elim­ plete the transfer of the sample with small add 10 milliliters of isooctane and evaporate inate benzene as previously described un­ portions of preequilibrated isooctane to give to a volume of about 2-3 milliliters. Again, der “Organic solvents.” Quantitatively a total volume of the oil and solvent of 75 add 10 milliliters of isooctane and concen­ transfer the residue with isooctane to a 200- milliliters. Shake the funnel vigorously for trate to a volume of approximately 5 millili­ milliliter volumetric flask and adjust to vol­ 2 minutes. Set up three 250-milliliter sep­ ters. Swirl the flask repeatedly to assure ume. Determine the absorbance of the solu­ aratory funnels with each containing 30 mil­ adequate washing of the sodium borohydride tion in the 1-centimeter pathlength cells liliters of pre-equilibrated isooctane. After residues. compared to isooctane as reference between separation of liquid phases, carefully draw Fit the tetrafluoroethylene polymer disc 250 m/t-400 m/i. Correct for any absorbance off lower layer into the first 250-milliliter on the upper part of the stem of the chroma­ derived from the reagents as determined by separatory funnel and wash in tandem with tographic tube, then place the tube with the carrying out the procedure without an oil the 30-milliliter portions of isooctane con­ disc on the suction flask and apply the sample. If either spectrum shows the char­ tained in the 250-milliliter separatory fun­ vacuum (approximately 135 millimeters Hg acteristic benzene peaks in the 250 m/i-260 nels. Shaking time for each wash is 1 m in­ pressure). Weigh out 14 grams of the 2:1 m/t region, evaporate the solution to remove ute. Repeat the extraction operation with (magnesium oxide-Celite 545 mixture and benzene by the procedure under “Organic two additional portions of the sulfoxide-acid pour the adsorbent mixture into the chroma­ solvents.” Dissolve the residue, transfer mixture and wash each extractive in tandem tographic tube in approximately 3-centi­ quantitatively, and adjust to volume in iso­ through the same three portions of isooctane. meter layers. After the addition of each octane in a 200-milliliter volumetric flask. Collect the successive extractives (300 mil­ layer, level off the top of the adsorbent with liliters total) in a separatory funnel (pref­ a flat glass rod or metal plunger by pressing Record the absorbance again. If the cor­ rected absorbance does not exceed the limits erably 2-liter) containing 480 milliliters of down firmly until the adsorbent is well proposed in this paragraph, the oil meets the distilled water; mix, and allow to cool for a packed. Loosen the topmost few millimeters proposed ultraviolet absorbance specifica­ few minutes after the last extractive has of each adsorbent layer with the end of a been added. Add 80 milliliters of isooctane metal rod before the addition of the next tions. to the solution and extract by shaking the layer. Continue packing in this manner Any person who will be adversely af­ funnel vigorously for 2 minutes. Draw off until all the 14 grams of the adsorbent is fected by the foregoing order may at any the lower aqueous layer into a second sep­ added to the tube. Level off the top of the time within 30 days from thè date of its aratory funnel (preferably 2-liter) and re­ adsorbent by pressing down firmly with a publication in the F ederal R egister file peat the extraction with 80 milliliters of flat glass rod or metal plunger to make the with the Hearing Clerk, Department of depth of the adsorbent bed approximately isooctane. Draw off and discard the aqueous Health, Education, and Welfare, Room layer. Wash each of the 80-milliliter extrac­ 12.5 centimeters in depth. Turn off the vac­ tives three times with 100-milliliter portions uum and remove the suction flask. Fit the 5440, 330 Independence Avenue SW.. of distilled water. Shaking time for each 500-milliliter reservoir onto the top of the Washington, D.C., 20201, written objec­ wash is 1 minute. Discard the aqueous chromatographic column and prewet the tions thereto, preferably in quintuplicate. layers. Filter the first extractive through column by passing 100 milliliters of isooctane Objections shall show wherein the per­ anhydrous sodium sulfate prewashed with through the column. Adjust the nitrogen son filing will be adversely affected by isooctance (see Sodium sulfate under “Re­ pressure so that the rate of descent of the the order and specify with particularity isooctane coming off the column is between agents and Materials” for preparation of the provisions of the order deemed ob­ filter) into a 250-milliliter Erlenmeyer flask 2-3 milliliters per minute. Discontinue pres­ (or optionally into the evaporation flask). sure just before the last of the isooctane jectionable and the grounds for the Wash the first separatory funnel with the reaches the level of the adsorbent. (Cau­ objections. If a hearing is requested, second 80-milliliter isooctane extractive and tion: Do not allow the liquid level to recede the objections must state the issues for pass through the sodium sulfate. Then below the adsorbent level at any time.) Re­ the hearing. A hearing will be granted wash the second and first separatory funnels move the reservoir and decant the 5-milliliter if the objections are supported by

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3397

grounds legally sufficient to justify the and December 2, 1965. The ultimate § 201.186 Charges for documents. time within which comments were per­ relief sought. Objections may be ac­ (a) Copies of orders, notices, rulings, mitted to be filed was by the close of companied by a memorandum or brief decisions (initial and final) issued by business on December , 1965. No com­ in support thereof. 8 Hearing Examiners, the Maritime Sub­ ments or objections were received. Effective date. This order shall be­ sidy Board and the Maritime Adminis­ In accordance with the provisions of come effective on the date of its publica­ tration in all docketed proceedings may sec. 4, Administrative Procedure Act (5 tion in the F ederal R e g ist e r . be obtained by parties other than those U.S.C. 1003), notice is given that as of the involved in docketed proceedings by re­ (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 date hereof, the Maritime Administra- questing to be placed on the (monthly) (c)(D) tion/Maritime Subsidy Board hereby mailing list. adopts the charges and fees previously Dated: February 25, 1966. (b) Fees. (1) Each request to be appearing as aforesaid, without change. J. K . K ir k , placed on the mailing list for one year Assistant Commissioner Dated: February 25,1966. shall be accompanied by the sum of $15, which sum will be retained to recover for Operations. By order of the Acting Maritime Ad­ the cost of processing. [F.R. Doc. 66-2286; Filed, Mar. 3, 1966; ministrator. (2) A subscriber on the mailing list 8:49 a.m.] J a m es S. D a w s o n , Jr., will automatically receive copies of all Secretary. orders, notices, rulings and initial and SUBCHAPTER C— DRUGS final decisions without charge. [General Order 106] PART 166— DEPRESSANT AND STIM­ (3) Single copies of initial and/or final PART 251— APPLICATION FOR SUB­ decisions may be obtained upon request ULANT DRUGS; DEFINITIONS, PRO­ SIDIES AND OTHER DIRECT FI­ to Secretary, Maritime Subsidy Board, CEDURAL AND INTERPRETATIVE NANCIAL AID (CONSTRUCTION) Washington, D.C., 20235. Such request REGULATIONS shall be accompanied by the sum of $1.00, 1. A new sectipn is hereby added towhich sum will be retained to recover the M iscellaneous A m e n d m e n t s this part reading as follows: cost of processing the request. Effective on date of publication of this § 251.31 Charges for processing appli­ document in the F ederal R eg ist e r , cations for authorization to transfer [General Order 38, 2d Rev., Amdt. 1] §§ 166.4(a) and 166.7(a) are amended by ownership of ships built with con­ changing the references to “§ 2.90” to struction-differential subsidy. PART 287— ESTABLISHMENT OF read “§ 2.120”. (a) Applications for an amendment CONSTRUCTION RESERVE FUNDS (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a)) or addendum to construction-differential 4. A new paragraph is hereby added to Dated: February 23, 1966. subsidy contracts to provide for the sale § 287.4 of this part reading as follows: of a vessel built under Title V, Merchant J. K . K ir k , Marine Act, 1936, as amended, to a buyer § 287.4 Application to establish fund. Assistant Commissioner who assumes the obligations under said ***** for Operations. contracts, shall be filed with the Secre­ (c) Fee. Each such application shall [Fit. Doc. 66-2249; Filed, Mar. 3, 1966; tary, Maritime Subsidy Board, Wash­ be accompanied by the sum of $225, 8:46 a.m.] ington, D.C., 20235. which sum will be retained to recover the (b) Fee. Each such application shall cost of processing the application. be accompanied by the sum of $200, (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. which sum will be retained to recover the 1114) Title 39— POSTAL SERVICE cost of processing the application. [F.R. Doc. 66-2271; Filed, Mar. 3, 1966; Chapter I— Post Office Department 8:48 a.m.] SUBCHAPTER T— CODE OF ETHICAL CONDUCT [General Order 105] PART 200— CODE OF ETHICAL PART 206— MISCELLANEOUS FEES CONDUCT Title 47— TELECOMMUNICATION Subpart C— Applications for Sale of Chapter I— Federal Communications N o t e : Federal Register Document 66- Subsidized Vessel 2106, published at page 3234 in the issue Commission 2. A new subpart is hereby added to for Tuesday, March 1, 1966, was ap­ [Docket No. 15262; FCC 66-199] proved by the Civil Service Commission this part reading as follows: on February 2, 1966, to be effective upon § 206.20 Charges for processing appli­ PART 2— FREQUENCY ALLOCATIONS publication in the F ederal R eg ist e r . cations. AND RADIO TREATY M ATTERS; (a) Applications by owners for the sale GENERAL RULES AND REGULA­ of subsidized vessels to a private party TIONS Title 46— SHIPPING where appraisal is made for the Mari­ PART 15— RADIO FREQUENCY time Administration by an independent Chapter II— Maritime Administration, DEVICES Department of Commerce vessel appraiser shall be filed with the Secretary, Maritime Subsidy Board, Prohibiting Use of Radio Devices for SUBCHAPTER A— POLICY, PRACTICE, AND Washington, D.C., 20235. PROCEDURE (b) Fee. Each such application shall Eavesdropping Purposes CHARGES AND FEES FOR CERTAIN be accompanied by the sum of $400, 1. On January 17, 1964, the Commis­ which sum will be retained to recover SERVICES sion released a notice of proposed rule the cost of processing the application. making (FCC 64-27, 29 F.R. 577) looking Miscellaneous Amendments towards the adoption of rules prohibiting the use of radio devices for eavesdrop­ In F.R. Doc. 65-10742 appearing in the [General Ordçr 41, 3d Rev., Arndt. 1] ping. The notice invited interested S “ * Regist£R issue of October 9 ,196E parties to file comments on or before 30 F.R. 12889) , notice was given of pro- PART 201— RULES OF PRACTICE AND PROCEDURE March 16, 1964, and reply comments on P” . new charges and fees for certain or before April 16, 1964. ™lces- Written comments thereon Subpar» U— Charges for Orders, 2. Comments were received from the hue?6 to be filed by close of Business on November 8, 1965. Notices Notices, Rulings, Decisions following parties: Columbia Broadcast­ ing System (C B S ), Glenn A. Zimmer­ of time were published in the 3.  new subpart is hereby added toman, New Brunswick, N.J., City of San ueral R egister issues of November 5 this part reading as follows: Diego, Calif./ Association of the Bar of

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3398 RULES AND REGULATIONS the City of New York, Fargo Co., San if necessary) to review the whole sub­ vices, whether under a license granted by the Commission or pursuant to Part 15 Francisco, Calif. ject of eavesdropping, its effect upon so­ ciety, the state of the existing law in the of the Commission’s rules, cannot be No reply comments were received. It is area, the need, if any, for additional claimed to permit the use of those de­ noteworthy that the comments filed by laws or regulations, etc. The Associa­ vices for eavesdropping purposes. the Association of the Bar of the City tion believes that without such a hear­ 9. Objection was made by the Associa­ of New York were prepared by its Spe­ ing the Commission risks changing the tion to that provision of the proposed cial Committee on Science and Law vital balance of society without an ade­ rules which would make the prohibition which has conducted a study of the quate understanding either of what is in­ against eavesdropping inapplicable effect which recent scientific and tech­ volved or the consequences of its actions. where the use of the device is authorized nological advances are having on pri­ They feel the Commission will affect the by one or more of the parties engaging vacy in the United States. The Fargo public consensus as to where the line in the conversation. It was contended Co. manufactures miniature radio trans­ should be drawn between encroachments that this approach fails to recognjze a mitters for sale to law enforcement on privacy which are permissible and distinction between the risk that a party agencies. those which are not. ,to a conversation may divulge what he 3. At the outset, it should again be 7. Senate hearings encompassing the remembers from the conversation and noted that the rules discussed herein do question of eavesdropping were held on may be believed by others, and the risk not pertain to the unauthorized inter­ May 9-12,1961, before the Subcommittee that a party to a conversation will use ception of communications by wire or on Constitutional Rights of the Com­ a radio device to overhear and record the radio. That practice is prohibited by mittee on the Judiciary in connection conversation verbatim, or authorize an­ the provisions of section 605 of the Com­ with four bills dealing with wiretapping other to so overhear or record it. Doubt munications Act of 1934, as amended, 47 and eavesdropping which were intro­ was expressed as to whether most per­ U.S.C. § 605.1 The rules with which we duced in the 87th Congress, 1st Session. sons assume, or should assume, the risk are concerned apply solely to the use of On February 18, 1965, Senate hearings that their converations are being over­ radio devices to transmit private conver­ on electronic eavesdropping were ini­ heard or recorded by the use of such de­ sations which have been overheard by tiated by the Subcommittee on Admin­ vices. The Association also expressed one means or another. istrative Practice and Procedure of the the view that the real significance of 4. Advances in the miniaturization Committee on the Judiciary. Testi­ this provision of the proposed rules would of radio transmitters have fostered an mony regarding this Commission’s role be to enlarge the area of permitted eaves­ apparent increase in the use of such de­ in the matter of radio eavesdropping was dropping beyond that iikely to be con­ vices for eavesdropping. Virtually every submitted by the Commission on May 5, doned by the public or by'the courts. radio eavesdropping device known to be 1965. The information developed during TO. Our proposal was based upon the used today is essentially a wireless mi­ both these hearings has been of bene­ tentative view, set forth in paragraph 6 crophone, i.e., a unit having the com­ fit to the Commission in formulating this of the notice of proposed rule making, bined capabilities of a sensitive micro­ Report and Order. that anyone who engages in conversation phone and a radio transmitter. Though 8. The Commission’s decision to take with others must assume the risk that wireless microphones are often used by action with respect to the matter of radio anything he says may be divulged with­ entertainers, lecturers and others for in­ eavesdropping is consistent with its pub­ out his knowledge by any other party to nocuous and useful purposes (provision lic interest responsibilities under the the conversation. However, upon fur­ is made for the use of these devices in Communications Act. Eavesdropping, by ther consideration, we have deciàed that certain licensed services and under Part any means, has traditionally been re­ the objections to this view are well 15 of the rules), most of those devices garded as contrary to the public interest. founded and that we should not sanction are readily adaptable to an eavesdrop­ Blackstone (4 Commentaries, ch. 13 § 5 the unannounced use of listening or re­ ping use. Wireless microphones which ( 6) ) defined the practice as a common cording devices merely because one party are constructed specifically for eaves­ nuisance punishable before the court. to any otherwise private conversation is dropping are designed either to permit Section 605 of the Communications Act aware that the conversation is in fact no easy concealment or to resemble some of 1934, as amended, though enacted to longer private. commonplace item, e.g., a pack of ciga­ prohibit the unauthorized interception 11. Thé right of privacy is precious, rettes, or the now-famous martine olive.2 of communications by wire or radio, re­ and should notbe sacrificed to the eaves­ 5. Each of the parties who filed com­ flects the intent of Congress to preserve dropper’s neeas without compelling rea­ ments commended the Commission for son. We cannot find such reason here, its recognition of the problems raised the privacy of communications in those areas where the Federal Government subject to the single exception made in by the increased use of radio eaves­ paragraph 13, infra, for law enforcement has unquestioned jurisdiction to act. dropping devices, and the city of San officers operating under lawful authority. Diego and the Fargo Co. recommended This concern for the privacy of commu­ W e agree that the ordinary risk of being adoption of the rules as proposed. The nications has been stressed by President overheard is converted into another risk other parties raised questions concern­ Johnson.® Eavesdropping by means of entirely when the electronic device is ing the proposal which we shall discuss a listening device has been held to be an made the instrument of the intruder. in the following paragraphs. actionable violation of one’s right of pri­ Coupled to a recording device, this new 6. The Association of the Bar of the vacy.4 Moreover, seven States have seen eavesdropping tool puts upon the speaker city of New York (Association) urged fit to adopt statutes prohibiting elec­ a risk he has not deliberately assumed, initially that public hearings be held tronic eavesdropping.5 Thus, the Com­ and goes far toward making private con­ (preferably before a Congressional Com­ versation impossible. W e do not believe mittee, but under Commission auspices mission’s action is calculated to insure that the authority to operate radio de­ the assumption of such a risk should be 1A common violation of sec. 605 involves made the basis of our rules. W e are com­ the unauthorized interception of telephone manded by the Communications Act to communications. This practice is popularly 3 See the New York Times, July 16, 1965. “encourage the larger and more effec­ known as wiretapping and is normally ac­ * See McDaniel v. Atlanta Coca-Cola Bot­ tive use of radio in the public interest,” complished either by making direct contact tling Co., 2 S.E. 2d 810 (Ga. 1939); Roach v. section 303 (g ) . Upon reflection, we do with the telephone wire or by placing an Harper, 105 S.E. 2d 564 (W . Va. 1958); and not believe it to be consistent with the Hamberger v. Eastman, 206 A. 2d 239 (N.H. induction coil within the magnetic field sur­ Public interest to permit this new product 1964). rounding the wire. (The words “unauthor­ of man’s ingenuity to destroy our tradi­ ized interception” when used with respect 6 See Cal. Ann. Codes, Penal Code § 653j to sec. 605 in this document include the (West 1956); 111. Ann. Stat. ch. 38 §14-1 tional right to privacy. divulging or beneficial use of the intercepted (Sm ith-H urd’1941); Md. Code Ann. Art. 27 12. As stated in the Notice, there are communications.) and 125(A) (Michie 1957); Mass. Ann. Laws precedents in this or analogous fields 2 See Senate hearings on electronic eaves­ ch. 272 § 99 (Michie 1956) ; Nev. Rev. Stat. which lend support to the adoption of the dropping before the Subcommittee on Ad­ ch. 200.650 (1957); N.Y. Consol. Laws Ann., rule as proposed, i.e./with an exemption ministrative Practice and Procedure of the Penal Law Art. 73 § 738 (McKinney 1944) ; Committee on the Judiciary, Feb. 18, 1965. and Oreg. Rev. Stat. § 165.540(1) (c ). where one party consents to the radio

FEDERAL REGISTER, VOL. 31, NO. 43;— FRIDAY, MARCH 4, 1966 RULES AND REGULATIONS 3399 eavesdropping.® But the matter is one 16. CBS opposed adoption of the pro­ tion is being made in Subpart E govern­ of policy and, for the reasons just stated, posed rules on the grounds that they ing the operation of low power communi­ it is our judgment that the appropriate would hamper and impede broadcast ac­ cation devices, the Part 15 devices most policy balance should be struck in favor tivities heretofore generally accepted. susceptible to use by eavesdroppers. of protecting the traditional right of As examples of situations which CBS 19. The reference in the rules to both privacy. The position we take here on feels would be prohibited by the rules, direct and indirect use has been included this question is the same one we took in they cited (1) the CBS Reports broadcast to encompass any radio operation in con­ requiring that telephone recording de­ entitled “Biography of a Bookie Joint” nection with an eavesdropping arrange­ vices be equipped with an automatic tone and ( 2) coverage of newsworthy events ment. For example, the amendment will warning device, so that all parties to the in public and semipublic places or any prohibit the use of a Part 15 wireless conversation may be on notice where any other place where persons may reason­ microphone to relay a conversation party is making a recording of a tele­ ably expect that their conversations may which is picked up initially by some form phone conversation. See Use of Record­ be overheard. The Association also ques­ of nonradio e a v e sd ro p p in g device.8 ing Devices, 11 FCC 1033 (1947). tioned the effect of the rules on the Thus, irrespective of the combination of 13. The proposed rules would except radio or television coverage of public devices employed by the eavesdropper the operations of law enforcement offi­ interest events, as well as the effect upon to accomplish his objective, the proposed cers conducted under lawful authority. the protective or beneficial monitoring of rules will apply if any one of the com­ The Association and Mr. Zimmerman conversations, e.g., of apartment eleva­ bination is a radio device. commented that the phrase “under law­ tors for the protection of young ladies, 20. The rules reflect Commission, ful authority” does not describe precisely of assembly lines for efficiency and econ­ what authority would be required to per­ omy of production, and of public places policy. Their violation could result in mit law enforcement officers to conduct for the safety, security and comfort of loss of license where that remedy is ap­ such operations. those who frequent them. - propriate (see sections 307(d) and 312 14. The problem of providing an ex­ 17. The fears expressed by CBS and (a) of the Communications A c t), or the ception to the rules for the operations of the Association with respect to the cover­ imposition of fines under section 502. law enforcement officers has been closely age of news events are believed to be W hat constitutes a crime under State analyzed. Because of the complex and unwarranted. The rules adopted herein law reflecting State policy applicable to varying structure of law enforcement au­ should not impede broadcast program­ radio eavesdropping is, of course, un­ thority existing in the various States and ing any more than the prohibitions affected by our rules. their political subdivisions, it is extreme­ against wiretapping in section 605 have 21. A question was raised as to the ba­ ly difficult to specify a source or type of impeded programing, in the past. The authority which is common to all ju ­ proposed rules specifically refer to “pri­ sis for the Commission’s authority to es­ risdictions. Initially, it may be assumed vate conversations.” The interpreta­ tablish rules prohibiting radio eavesdrop­ that law enforcement officials conduct tions applied to that phrase by the courts ping. The Commission, of course, has their activities within the framework of indicate that the phrase does not em­ broad licensing authority over radio de­ existing law and authority. Should these brace conversations carried on within vices in section 301 of the Communica­ officials intend to engage in radio eaves­ earshot of others not engaged in the con­ tions Act and has exercised that author­ dropping, it would be incumbent on them versation.7 Thus, conversations in public ity in the rules promulgated by it as to first to determine the validity of such and semipublic places or in any other both specific licensing and the Part 15 place where persons may reasonably ex­ practice under applicable local law. This facet of its functions. Under section 303 being so, the burden of establishing that pect their conversations to be overheard of the Communications Act, the Commis­ radio eavesdropping activities are being would not be protected by the rules. carried on under lawful authority rests With respect to the instances of protec­ sion is empowered by Congress, as the with the law enforcement agency. In tive or beneficial monitoring mentioned public convenience, interest and neces­ view of the diverse sources of possible by the Association, the public, in those sity requires, to prescribe the nature of authority, we believe that this is the instances, should be given adequate the service to be rendered by radio sta­ best approach to follow in establishing notice of the fact that the area is being tions and to make such rules and regula­ a standard under which law enforcement monitored. Thus, persons engaged in tions as may be necessary to carry out officers would be exempted from the conversation in such an area would have that function. Thus, the establishment consented by implication to the moni­ Commission’s radio eavesdropping rules. of rules prohibiting radio eavesdropping However, if inadequacy of this standard toring. The absence of adequate notice could well result in an invasion of pri­ should be revealed or other developments «There are numerous other eavesdropping of a more basic nature occur, further ex­ vacy since the monitoring would then be devices which, through not. operated on ploration of this question will be under­ conducted without the consent of those radio principles, could employ a radio trans­ taken and appropriate revision of the being monitored. mitter for purposes of relaying a conversa­ rules will be made. 18. W e are amending the rules by add­ tion picked up initially by the nonradio de­ 15. It is important that law enforce­ ing a new subpart, as set forth in the vice. These may include miniature wired ment officers understand that this Appendix hereto, to Part 2 of the rules microphones concealed In the room where exception is by no means intended to as a general prohibition against the use the conversation is to take place and con­ for eavesdropping of any device required nected to a radio transmitter by means of waive the Part 15 rules governing the wire or transparent conductive paint. A use of nonlicensed low power communi­ to be licensed by section 301 of the Com­ radio transmitter could also be used in con­ cation devices (e.g., operation within munications Act of 1934, as amended. junction with a contact or “spike” micro­ specified frequency bands, power and ra- (Specific reference to this prohibition phone which is operated by attaching the lation limitations, etc.) ; to authorize will be added to those parts of the rules microphone to a spike which has been driven the use of unlicensed transmitters for where it is deemed appropriate.) Addi­ into a stud common to both the room in which the eavesdropping equipment is lo­ avesdropping; or to authorize the use tionally, we are adding a similar prohi­ bition to Subpart A of Part 15 of the cated and the room in which the conversation mo *vTnse<* ^ransmitters in such a man­ is to take place. A parabolic microphone ia^ " ° ^ er Commission rules are vio- rules. A reference to the latter prohibi- may also conceivably be used for eavesdrop­ îaieû (e.g., abandonment of control, ping in conjuncture with a radio transmitter. ansmission of unauthorized communi­ 7 It has been held that a conversation be­ This is an audio device which uses an cations, etc.). tween a husband and wife in a railroad sta­ acoustically solid reflector to focus sound tion waiting room with people coming and waves to a point where a small microphone going is not a private conversation. Linnell magnifies the sound received. Such devices DUrmf the statutes of California v. Linnell, 143 N.E. 813 (Mass. 1924). In mois, Massachusetts, Nevada, and Ne\ are used innocuously at sports events and Freeman v. Freeman, 130 N.E. 220 (Mass. conventions to pick up the voices of persons versatfnn11^ apply if 3X17 Party to the con 1921), the court found that a conversation out of normal earshot. (See Senate hearings Dim» nS, k3? consented to the eavesdrop between husband and wife in a public street on electronic eavesdropping before the Sub­ anni4 , , i statutes of Maryland and Qregoi was private because “none of the passers-by committee on Administrative Practice and ba?eycSentedU parties to the conversatio) or persons in the vicinity paid any attention Procedure of the Committee on the Judiciary to them, or even could hear the words.” Feb. 18, 1965.)

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3400 RULES AND REGULATIONS is consistent with the authority of the forcement officers conducted under law­ 50, Part 33, and are effective through Commission to prescribe the nature of ful authority. October 1,1966. the service rendered by radio devices. 3. Subpart E of Part 15 is amended by P h i l i p A. S c h e n b a u e r , 22. In view of the foregoing, and pur­adding a new section to read as follows: Refuge manager, Ankeny Na­ suant to authority contained in sections § 15.220 Eavesdropping prohibited. tional Wildlife Refuge, Mar­ 4 (i), 301, 303(b) and 303,(r) of the Com­ ion County, Oreg. . munications Act of 1934, as amended: As provided in § 15.11, the use of a low It is ordered, That effective April 8,1966, power communication device for eaves­ F ebruary 15,1966. Part 2 and Part 15 of the Commission’s dropping is prohibited. [F.R. Doc. 66-2263; Filed, Mar. 3, 1966; Rules are amended as set forth in the [F.R. Doc. 66-2288; Filed, Mar. 3, 1966; 8:47 a.m.] attached Appendix, and the proceedings 8:49 a.m.] in Docket No. 15262 are terminated. (Secs. 4, 301, 303, 48 Stat. 1066, 1081, 1082, PART 33— SPORT FISHING as amended; 47 U.S.C. 154, 301, 303) Title 50— WILDLIFE AND William L. Finley National Wildlife Adopted: February 25, 1966. Refuge Released: February 28, 1966. FISHERIES The following special regulation is is­ sued and is effective on date of publica­ F ederal C ommunications Chapter I— Bureau of Sport Fisheries tion in the F ederal R eg ist e r . C o m m is s io n ,8 and Wildlife, Fish and Wildlife [ s e a l ] B e n F . W a p l e , § 33.5 Special regulations; sport fish­ Secretary. Service, Department of the Interior ing; for individual wildlife refuge PART 33— SPORT FISHING areas. 1. Part 2 is amended by adding a new O regon Subpart H to read as follows: Ankeny National Wildlife Refuge, WILLIAM L. FINLEY NATIONAL WILDLIFE Subpart H— Prohibition Against Oreg. REFUGE Eavesdropping The following special regulation is Sport fishing on the William L. Finley National Wildlife Refuge, Benton Coun­ § 2.701 Prohibition against use of a issued and is effective on date of publica­ tion in the F ederal R eg ist e r . ty, Oreg., is permitted only on Muddy radio device fo r eavesdropping. Creek designated by signs as open to (a) No person shall use, either directly §33.5 Special regulations; sport fish­ fishing. This open area, comprising 4 or indirectly, a device required to be li­ ing; for individual wildlife refuge miles of stream, is delineated on maps censed by section 301 of the Communica­ areas. available at refuge headquarters and tions Act of 1934, as amended, for the O regon from the Office of the Regional Director, purpose of overheating or recording the Bureau of Sport Fisheries and Wildlife, private conversations of others unless ANKENY NATIONAL WILDLIFE REFUGE 730 Northeast Pacific Street, Portland, such use is authorized by all of the par­ Sport fishing on the Ankeny N a­ Oreg., 97208. Sport fishing shall be in ties engaging in the conversation. tional Wildlife Refuge, Marion County, accordance with all applicable State (b) Paragraph (a) of this section shall Oreg., is permitted only in the Sidney regulations subject' to the following spe­ not apply to operations of any law en­ Irrigation Canal as designated by signs cial conditions: forcement officers conducted under law­ as open to fishing. This open area, com­ (1) The open season for sport fishing ful authority. prising 1.5 miles of stream is delineated on the refuge extends from April 23 2. Part 15 is amended by adding a new on maps available at refuge headquarters through October 1, 1966, inclusive. section to Subpart A to read as follows: and from the Office of the Regional Di­ (2) The use of boats is not permitted. §15.11 Prohibition against eavesdrop­ rector, Bureau of Sport Fisheries and The provisions of this special regulation ping. Wildlife, 730 Northeast Pacific Street, supplement the regulations which govern Portland, Oreg., 97208. Sport fishing fishing on wildlife refuge areas generally (a) No person shall use, either directly shall be in accordance with all applicable which are set forth in Title 50, Part 33, or indirectly, a device operated pursuant State regulations subject to the follow­ and are effective through October 1, to the provisions of this part for the pur­ ing special conditions: 1966. pose of overhearing or recording the pri­ (1) The open season for sport fishing P h i l i p A. S c h e n b a u e r , vate conversations of others unless such on the refuge extends from April 23 Refuge Manager, William L. use is authorized by all of the parties en­ through October 1, 1966, inclusive. Finley National Wildlife Ref­ gaging in the conversation. (2) The use of boats is not permitted. uge, Benton County, Oreg. (b) Paragraph (a) of this section shall The provisions of this special regula­ not apply to operations of any law en- tion supplement the regulations which February 15,1966. govern fishing on wildlife refuge areas [F.R. Doc. 66-2264; Filed, Mar. 3, 1966; * Commissioner Wadsworth absent. generally which are set forth in Title 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3401

Proposed Rule Making

movement interstate, except that in the Federal Center Building, Hyattsville, DEPARTMENT OF AGRICULTURE case of sows, treatment shall not have Md., within 30 days after publication of Agricultural Research Service been within 150 days immediately prior this notice in the F ederal R e g ist e r . to such movement; are accompanied by All written submissions made pursuant [ 9 CFR Part 76 ] a permit from the appropriate official of to this notice will be made available for the State of destination; are accompa­ HOG CHOLERA AND OTHER COM­ public inspection at such times and nied by a certificate issued by the Divi­ MUNICABLE SWINE DISEASES places and in a manner convenient to sion; are moved directly to a farm of the public business (7 CFR 1.27(b)). Notice of Proposed Rule Making destination without contact with other swine during movement; and are moved Done at Washington, D.C., this 28th day of February 1966. Notice is hereby given in accordance interstate under such other conditions as with section 4 of the Administrative may be-imposed by the Director of the R. J. A n d e r s o n , Procedure Act (5 U.S.C. 1003) that the Division in order to prevent such swine Deputy Administrator, Department of Agriculture proposes to from endangering other swine or impair­ Agricultural Research Service. amend the regulations relating to hog ing the hog cholera eradication program. [F.R. Doc. 66-2270; Filed, Mar. 3, 1966; cholera and other communicable swine (b) Swine treated with virulent hog 8:48 ajn.]-' diseases (9 CFR Part 76) pursuant to cholera virus for research and biologies the provisions of the Act of May 29, 1884, production, and not known to be affected as amended, the Act of February 2, 1903, with hog cholera, may be moved inter­ Consumer and Marketing Service as amended, the Act of March 3, 1905, state if such swine are moved directly as amended, the Act of September 6, to a point of destination designated by E 7 CFR Parts 1062, 1030-1032, 1038, 1961, and the Act of July 2, 1962 (21 the Veterinary Biologies Division without 1039, 1051, 1061, 1063, 1064, U.S.C. 111-113, 114g, 115, 117, 120, 121, contact with other swine during move­ 1067, 1070, 1071, 1073, 1074, 123-126, 134-134h), in the following ment; are accompanied by a permit from respects: 1078, 1079, 1090, 1096, 1097, the appropriate official of the State of 1098, 1099, 1104, 1106, 1108, 1. Section 76.1(f) would be amended destination; are moved under such other to read: conditions as may be imposed by the 1120, 1126-1130, 1132 1 §76.1 Definitions. Director of the Veterinary Biologies Di­ [Docket No. AO 10-A34, etc.]

* * * * * vision in order to prevent such swine from endangering other swine or impair­ MILK IN ST. LOUIS MARKETING (f) Virulent hog cholera virus. The ing the hog cholera eradication program; AREA ET AL. living agent capable of causing hog and are accompanied by a certificate cholera found: Notice of Hearing on Proposed issued by the Veterinary Biologies Di­ (1) In the clear serum, plasma, de- vision specifying any such conditions Amendments to Tentative Market­ fibrinated blood, whole blood, or other imposed regarding the specific move­ ing Agreements and Orders tissue derived from pigs sick of hog ment. cholera; or The foregoing proposed amendments 7 CRF Marketing Area Docket Nos. (2) In any material used as a vehi­ P a r t would ( 1) include “hog cholera vaccine, cle for perpetuating such living agent; or live virus modified, porcine origin,” within the definition of hog cholera virus 1062 S t. L o u is ______... AO 10-A34. (3) In living hog cholera virus vac­ 1030 C h ic a g o ______AO 101-A32. in 9 CFR 76.1(f); (2) specify that viru­ 1031 cine commonly known as “hog cholera Northwestern Indiana..... AO 170-A19. lent hog cholera virus cannot be moved 1032 Suburban St. Louis ______AO 313-A10. vaccine, live virus modified, porcine 1038- Rock River Valley.. ______AO 194-All. origin.” interstate, except as provided in 9 CFR 1039 M ilw a u k e e ...... ______. . . AO 212-A17. 76.4; and (3) amend § 76.5 to provide 1051 Madison...... ______AO 329-A4. * * * * * 1061 St. Joseph, M o ______.... AO 327-A9. that swine treated with virulent hog 1063 Quad Cities-Dubuque._____ AO 105- A22. 2. The introductory language of § 76.4 cholera virus cannot be moved interstate, 1064 Kansas C ity... ______AO 23-A29. would be amended to read: except as provided in paragraphs (a) 1067 O z a rk s ______AO 222-A19. 1070 Cedar Rapids-Iowa City.'.. AO 229-A13. and (b) of said section. Neosho Valley ______! § 76.4 Interstate movement o f virulent 1071 AO 227-A7. The hog cholera eradication program 1073 W ic h it a ______AO 173-A18. hog cholera virus prohibited, except 1074 Southwest Kansas ______AO 249-A8. as provided. has progressed to the point where the 1078 North Central Iow a.. ______AO 272-A8. continued use of “hog cholera vaccine, 1079 Des M oines... ____ .... ______AO 295-A9. Virulent hog cholera virus shall not be 1090 C h a tt a n o o g a ______. . . _____ AO 266-A5. live virus modified, porcine origin,” may 1096 Northern Louisiana ______AO 257-All. moved interstate except that: be a deterrent to the eradication of hog 1097 M e m p h is ______AO 219-A17. ***** 1098 N a s h v ille ______AO 184-A21. cholera. Experimental and field evidence 1099 P a d u c a h ______... AO 183-A14. 3. Section 76.5 would be amended to indicates that the use of such vaccine 1104 Red River Valley.. ______AO 298-A7. read: virus can cause hog cholera in treated 1106 O k la h o m a M e t r o p o lit a n ____ AO 210-A19. 1108 Central Arkansas...... AO 243-A l4. swine and can also cause hog cholera in 1120 Lubbock-Plain view. ______§ 6.5 Interstate m o v em en t o f swine AO 328-A4. swine that come in contact with such 1126 North Texas ______AO 231-A25. treated with virulent hog cholera 1127 San Antonio ______treated animals. Therefore, the use of AO 232-A14. virus prohibited, except as provided. 1128 Central West Texas ______AO 238-A16. said vaccine does not appear to provide 1129 Austin-Waco ______AO 256-A10. .r®wVle treated with virulent hog chol- 1130 Corpus Christi______AO 259-A13. the margin of safety desired in vaccines 1132 Texas Panhandle ______AO 262-All. n°t be moved interstate used while the nationwide hog cholera except that: eradication program is in effect. Ac­ rVl^ Swine treated with virulent hog cordingly, consideration is being given to Pursuant to the provisions of the Agri­ J¡T?* Vlrus Prior to April 1, 1966, and issuing the foregoing amendments. cultural Marketing Agreement Act of pm ”,now,n to be affected with hog chol- Any person who wishes to submit writ­ 1937, as amended (7 Ü.S.C. 601 et seq.), m be mo.ved interstate if: ten data, views, or arguments concerning and the applicable rules of practice and mpfUo+ swin* are consigned for im­ the proposed amendments may do so by procedure governing the formulation of mediate slaughter; or filing them with the Director, Animal marketing agreements and marketing within?wine have not been treated Health Division, Agricultural Research orders (7 CFR Part 900), notice is here­ 21 days immediately prior to Service, U.S. Department of Agriculture, by given of a public hearing to be held

No. 43 FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3402 PROPOSED RULE MAKING at the Ramada Inn, 9636 Natural Bridge to the list of wildlife refuges open to pub­ the Commissioner by the Secretary of Road, St. Louis, Mo., beginning at lic sport Ashing as legislatively permitted. Health, Education, and Welfare (21 CFR 10 a.m., c.s.t., on March 9, 1966, with re­ It has been determined that regulated 2.90), it is proposed that Subpart G of spect to proposed amendments to the public sport fishing may be permitted on Part 121 be amended; tentative marketing agreements and to Lake Woodruff and Cross Creeks N a­ 1. By changing in § 121.3002 the sec­ the orders, regulating the handling of tional Wildlife Refuges without detri­ tion heading and the introduction to the milk in the St. Louis, Chicago, North­ ment to the objectives for which the section and by adding a new subpara­ western Indiana, Suburban St. Louis, areas were established. graph (d ). The affected portions read Rock River Valley, Milwaukee, Madison, It is the policy of the Department of as follows: St. Joseph, Mo., Quad Cities-Dubuque, the Interior, whenever practicable, to § 121.3002 High-dose gamma radiation Kansas City, Ozarks, Cedar Rapids-Iowa afford the public an opportunity to par­ for the processing of food. City, Neosho Valley, Wichita, Southwest ticipate in the rulemaking process. Ac­ Kansas, North Central Iowa, Des Moines, cordingly, interested persons may sub­ Gamma radiation may be safely used Chattanooga, Northern Louisiana, Mem­ mit written comments, suggestions or for the processing of food under the fol­ phis, Nashville, Paducah, Red River objections, with respect to this proposed lowing conditions: Valley, Oklahoma Metropolitan, Central amendment, to the Director, Bureau of * * * * ♦ Arkansas, Lubbock-Plainview, North Sport Fisheries and Wildlife, Washing­ (d) To assure safe use, the label of Texas, San Antonio, Central West Texas, ton, D.C., 20240, within 30 days of the any food so processed shall bear, in addi­ Austin-Waco, Corpus Christi, and Texas date of publication of this notice in the tion to the other information required Panhandle marketing areas to reflect F ederal R e g ist e r . by the act, the statement: “Processed by appropriate Class I prices in light of eco­ 1. Section 33.4 is amended by the ad­ ionizing radiation.” nomic and marketing conditions antici­ dition of the following refuges as areas 2. By changing in § 121.3003 the sec­ pated for the next few months. where sport fishing is authorized: tion heading and paragraph (b) and by The public hearing is for the purpose § 33.4 List, of open areas: sport fishing. adding a new paragraph (c). The af­ of receiving evidence with respect to the fected portions read as follows: economic and emergency marketing con­ ***** § 121.3003 Low-dose gamma radiation ditions which relate to the appropriate F lorida fo r the treatment o f wheat and pota­ levels of Class I prices to be established Lake Woodruff National Wildlife Refuge. toes. for the next several months under each T ennessee of the aforesaid orders. At the hearing, * * * * * evidence also will be received on the Cross Creeks National Wildlife Refuge. (b) The gamma radiation is used or question of whether the due and timely ***** intended for use in a single treatment as follows: execution of the functions of the Secre­ C l a r e n c e F. P a u t z k e , tary imperatively and unavoidably re­ Deputy Assistant Secretary quires the omission of a recommended of the Interior. F o o d for Limitations U se irradiation decision in connection with any emer­ M ar c h 2,1966. gency amendatory action that may be [F.R. Doc. 66-2323; Filed, Mar. 3, 1966; required with respect to any of the afore­ W h e a t ______A b s o r b e d d ose: C o n tro l of in- 8:51 a.m.] 20,000 to 50,000 sect infesta­ said orders. ra d s . tion. This notice is issued on representation W heat flour from ______d o ______D o . unirradiated by producers that emergency action is w h e a t. necessary to avert present or potential DEPARTMENT OF HEALTH, EDU­ W hite potatoes____ Absorbed dose: In h ib it sprout 5,000 to 15,000 develop­ milk shortages. ra d s. m ent. The aforesaid proposals have not re­ CATION, AND WELFARE ceived the approval of the Secretary of Agriculture. Food and Drug Administration (c) To assure safe use, the label and labeling of any market package of food Signed at Washington, D.C., on Feb­ [ 21 CFR Part 121 1 so treated shall bear, in addition to the ruary 28,1966. other information required by the act, RADIATION AND RADIATION the statement: “Treated with ionizing C lar en c e H . G irard, Deputy Administrator, SOURCES INTENDED FOR USE IN radiation— do not treat again.” In the Regulatory Programs. THE PRODUCTION, PROCESSING, case of bulk shipment, the invoices or AND HANDLING OF FOOD bills pf lading shall bear such statement [FJR. Doc. 66-2303; Filed, Mar. 3, 1966; when the bulk commodity has been so 8:51 a.m.] Notice of Proposed Rule Making treated 3. By changing in § 121.3004 the sec­ In the matter of various radiations tion heading and by adding a new sub- regulated under Subpart G of the food paragraph (e ), as follows: DEPARTMENT OF THE INTERIOR additive regulations, further considera­ . Fish and Wildlife Service tion has been given to the conditions § 121.3004 High-dose electron beam ra­ under which the foods subject to these diation for the processing of food. [ 50 CFR Part 33 1 regulations may be safely used. The ***** SPORT FISHING Commissioner of Food and Drugs has (e) To assure safe use, the label of concluded that food treated by radiation any food so processed shall bear, in ad

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3403

Any interested person may, within 30 rules 26-37 of the Federal Rules of Civil against the Commission more narrowly days from the date of publication of this Procedure to certain Commission hear­ than the Federal rules, as interpreted by notice in the F ederal R e g ister , file with ings. The proposed rules also codify for the courts. For example, staff memo­ the Hearing Clerk, Department of Commission proceedings the doctrine of randa and investigative reports can often Health, Education, and Welfare, Room Jencks v. United States, 353 U.S. 657 be withheld under the “work product” 5440, 330 Independence Avenue SW., (1957), relating to access to a witness’ privilege,® and the statements and iden­ Washington, D.C., 20201, written com­ previous statements, and makes the new tity of persons interviewed may be with­ ments, preferably in quintuplicate, on procedure applicable to all parties. held under the informer’s privilege.4 this proposal. Comments may be ac­ Availability of discovery. 3. The dis­ Under paragraph (c), the informer’s companied by a memorandum or brief in covery rules proposed herein, like the privilege would be given a broader ap­ support thereof. Federal rules, are designed to facilitate plication than under the Federal rules. Dated: February 23,1966. preparation for hearing and are thus ap­ This is desirable because Commission plicable only after a proceeding has been proceedings raise problems of protecting Ja m e s L . G oddard, designated for hearing. Proposed § 1.311 the names of persons interviewed which Commissioner of Food and Drugs. provides for discovery in all adjudicatory are not ordinarily raised in civil proceed­ [F.R. Doc. 66-2258; Filed, Mar. 3, 1966; proceedings.2 Discovery would thus be ings. The proposed rule would also per­ 8:46 a.m.] available in all hearings on license appli­ mit oral depositions of Commission per­ cations, renewals, revocations, and trans­ sonnel only insofar as a particular in­ fers. Forfeiture proceedings are not in­ dividual has personal knowledge of the cluded per se; since they do not usually information sought. Thus, a staff mem­ FEDERAL COMMUNICATIONS entail a hearing. Discovery procedures ber would be questioned where he was are, of course, subsequently available in present and observed certain violations, COMMISSION a trial de novo in a Federal district court but not where his knowledge of an alleged (47 U.S.C. 504). However, if a hearing violation is hearsay. The multiplicity of [ 47 CFR Part 1 1 is held to determine whether a forfeiture demands on the Commission’s limited or some other sanction is warranted, the staff necessitates this limitation in the [Docket No. 16473; FCC 66-173] new rules would apply. interest of administrative efficiency. DISCOVERY PROCEDURES Proposed procedures. 4. The principal However, matters which could not be discovery tool is the deposition, either inquired into on oral deposition would Notice of Proposed Rule Making written or oral. Although depositions still be subject to written interrogatories 1. Notice of proposed rule making is have been available for some time under or orders for the production of docu­ hereby given in the above-entitled mat­ the Commission’s rules as an evidentiary ments where not privileged. Finally, ter. substitute for direct testimony (§ 1.311 et material specifically held by the Com­ 2. Recommendation No. 30 of the In­ seq.), depositions for the purpose of dis­ mission upon a confidential basis (see terim Administrative Conference of the covery have not been permitted. We § 0.417(c) of the rules) will be made United States approved “ * * * the prin­ propose to add discovery - depositions available only in accordance with § 0.417 ciple of discovery in adjudicatroy pro­ within the existing framework of the (c). W e believe that these limitations ceedings and recommend [ed] that each rules. Proposed § 1.312 closely parallels upon discovery are necessary to protect agency adopt rules providing for dis­ Federal rule 26. Under this section, de­ staff independence of action and to pre­ covery to the extent and in the manner ponents may be examined on any non- vent improper divulgence of certain con­ appropriate to its proceedings.” 1 Subse­ privileged matter relevant to the subject fidential material; we do not believe they quently, the Practice and Procedure matter of the issues on which discovery will unduly limit the effectiveness of the Committee of the Federal Communica­ is permitted. Unlike rule 26, permission new discovery procedures. tions Bar Association passed a resolu­ is not needed to initiate the deposition 6. Section 1.312(b) states that a dep­ tion urging the adoption by the Com­ procedure, no matter when it is begun osition may cover ~ “the identity and mission of rules 26-37 of the Federal (rule 26 requires permission of the court location of persons having knowledge of Rules of Civil Procedure for use “in all at certain early stages of the action). relevant facts.\ The courts have held Cpnunission proceedings involving the The only other substantive departure under the Federal rules that discovery imposition of sanctions * * * as well as from rule 26 is that rule 26(c) is not does not require the furnishing of a list other proceedings involving noncom­ adopted. This subsection, along with of witnesses,5 and such a list will not be parative issues which might lead to the rule 32, deals with objections to, and required under our proposed rules. The ultimate disqualification of an appli­ irregularities in, depositions. See para­ courts have recognized that such a list cant.” The Commission has undertaken graph 12, infra, where this subject is may not serve the purposes of discovery, a study of this matter and has tentatively treated. since it might contain only a portion of concluded that discovery procedures 5. The scope of examination permittedthe persons who have knowledge of the would appear to be a useful addition to under § 1.312(b) is applicable to all of relevant facts. Furthermore] the pur­ the rules of practice and procedure. In the proposed discovery procedures. It pose of discovery is to enable a party to ederal civil cases, the discovery rules are should be noted at this point that dis­ learn the relevant facts in order to be designed to facilitate preparation for covery may only be had of matters which better prepared for trial (or hearing), tnal> to provide full access to the rele­ are “not privileged.” Therefore, while and not to enable him to find out how the vant facts, to eliminate surprise, and to the proposed rules provide for discovery other party intends to conduct his case. narrow the issues. The use of pretrial against the Commission, and go beyond The proposed rule should be adequate to aiscovery can shorten actual trial time the present rules (§ 0.417) providing for prevent surprise, since it does permit a jo a considerable extent. We believe public inspection of many Commission party to obtain a list of the persons from _ at our administrative hearing proce- records, there are appropriate limitations ures might also be improved by the on the use of discovery against the Com­ 3 See Hickman v. Taylor, 329 U.S. 495 °lv 10n of discovery procedures similar mission which follow from the nature of (1947); Mid-South. Broadcasting, 12 Pike & its functions, and which we are propos­ Fischer, R.R. 1447 (1955). *.n use in Federal district ing to incorporate in the rules, These ;♦ Mohawk Refining Corp. v. F.T.C., 263 F. Smce this proposal is a substan- limitations are set forth in § 1.312(c), 2d 818 (C.A. 3, 1959); United Air Lines, Inc. it. • arture from our present practice, which both clarifies and adds certain V. C.A.B., 281 F. 2d 53 (C.A.D.C., 1960); of iPP^thnt that we receive the views matter to paragraph (b). For the most Gonzales v. United States, 364 U.S. 59 (I960); final1 Tr®rested persons before taking part, these limitations do not circum­ Zuzich Truck Line, Inc. v. United States, 224 annl®* on: Accordingly, the attached F. Supp. 457 (D. Kans., 1963) . scribe a party’s right tp use discovery whi i! * contains a set ° f proposed rules 5 United States v. Proctor and Gamble Co., i__ n’ t° the extent practicable, adapt 25 FRD 252 (D.N.J., 1960); Wirtz v. Con­ 2In mixed adjudicatory and rulemaking tinental Finance and Loan Co. of West End, ’ App. iv, Pinal proceedings, discovery is applicable only in 326 F. 2d 561 (C.A. 5, 1964); Wirtz v. B.A.C. Report of the Administra- those issues which . are wholly or partly Ive Conference of Steel Products, Inc., 312 F. 2d 14 (C.A. 4, the United States (1962). adjudicatory. 1962).

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3404 PROPOSED RULE MAKING direct testimony, this statement may be which the witnesses will undoubtedly be changes. It provides for the issuance of requested by any party. If the party chosen.8 It should be noted at this point orders by the presiding officer to protect possessing the statement should refuse to that the proposed rules do riot affect the parties and deponents. The major dif­ furnish the statement, that part of the present prehearing conference procedure ference between § 1.317 and the Federal , witness’ direct testimony which relates of § 1.251. Under that procedure the rule is that under the former the pre­ to the subject matter of the requested parties can exchange a great deal of siding officer can act on his own motion, statement will be stricken. This request information, including a list of witnesses while under Federal rule 30 (b) a judge by a party must be made after the wit­ in appropriate cases. Such exchanges must await a motion. W e are adding ness has given his direct testimony and are purely voluntary and the FCBA has the words “or a subsequent motion” to ,7 before the witness is excused. This rule suggested that the Commission adopt paragraph (d) of § 1.317 to make clear is not a prehearing discovery procedure, the provision of Federal rule 16 for that a presiding officer may consider but it is proposed here 'because of its mandatory exchanges of information, questions of scope, etc., after the exam­ similarity of purpose and effect, and be­ which may include lists of witnesses. ination has commenced. Thus, a motion cause it has been under consideration for W e will be giving further consideration to can be made to terminate or limit the some time. As proposed, § 1.326 applies use of the other Federal Rules of Civil examination during the taking of a depo- sion. Federal rule 30(d) is more specific Jencks to our proceedings, despite the Procedure, including rule 16, and the view of some authorities that such question of lists of witnesses can be con­ on this point, but no different in sub­ application is not necessary. We are sidered at that time. However, it would stance. Section 1.318 is the present proposing to apply the rule equally to all appear desirable in any event to await § 1.315 verbatim (oath; transcript) and parties since, as a matter of policy, we see experience with the new discovery pro­ is the equivalent of Federal rule 30(c). no reason to limit its application in our cedures before attempting to decide Section 1.319 is the present § 1.316 (sub­ proceedings to statements in the Com­ whether the mandatory furnishing of mission to witness; changes; signing) mission’s possession. witnesses’ names, with the attendant and is the equivalent of Federal rule 17. The final proposed addition to the problems it may raise,8 particularly in 30(e). Finally, § 1.320 is the present rules, which is similar to Federal rule 45, cases involving sanctions, should be § 1.317 (certification and filing; copies) is a method of obtaining a simplified sub- adopted for Commission proceedings. and contains the substance of Federal pena for enforcing discovery. Section 7. Proposed § 1.313 is modeled after rule 30(f). See paragraph 18, infra, as 1.333(e) authorizes the presiding officer Federal rule 27. Depositions are allowed to why there is no equivalent to Federal to issue a subpena ad testificandum for pending appeal, but not before designa­ rule 30(g). , 11. The proposed § 1.321, which relates the purpose of enforcing a notice to take tion for hearing. There is little, if any, depositions if the notice has not been apparent need for depositions prior to to written interrogatories to witnesses, follows Federal rule 31 with slight edi- - challenged by the person to be examined, designation for hearing. a party, or the presiding officer, within 8. Section 1.314 is the present § 1.314. torial changes. 12. The proposed § 1.322 is present the 10-day period specified in § 1.317(c). It describes those persons who may pre­ § 1.319. This section covers all objections Adequate opportunity to challenge the side at tiie taking of a deposition. It has taking of the deposition is afforded by the been retained in lieu of Federal rule 28 to depositions, whether made during the notice to take depositions. The rule because the latter rule is somewhat in­ taking of the deposition or at the hear­ also provides for a subpena duces tecum appropriate, and the present Commis­ ing. It is like Federal rule 32 and also to accompany the subpena ad testifican­ sion rule is workable for discovery. takes the place of the Federal rules 26 dum. The parties, the person to be ex­ 9. The proposed § 1.315 adopts Federal (c) and 30(d). "V. amined, and the presiding officer, must rule 29 verbatim. This rule permits the 13. The proposed § 1.323 covers in­ be given an opportunity to challenge this parties to stipulate freely on the manner terrogatories to parties (note the differ­ ence from § 1.321) and is the same as part of the subpena request. The entire of taking depositions. subpena request is therefore subject to 10. Proposed §§ 1.316-1.320 are five im­ Federal rule 33. portant procedural rules. They are 14. The proposed § 1.324 is based upoii § 1.317 if it is submitted at the same time roughly parallel to Federal rule 30. They Federal rule 34, and permits the dis­ as the notice to take depositions. How­ relate to oral depositions, but certain covery and production of documents and ever, if the subpena request is submit­ ted after the notice to take depositions sections are made applicable to other other tangible objects. discovery procedures as well. Under 15. The proposed § 1.325 is based upon has gone unchallenged, or has met all § 1.316, which is equivalent to Federal Federal rule 36, which provides for re­ challenges, only that part of the subpena questing admissions of fact from parties. rule 30(a), notice that depositions are request which asks for a subpena duces to be taken must be given to the other Paragraph (b) of the Federal rule, which tecum will be subject to § 1.317. At any limits the use of an admission to the pro­ parties, as well as to the person to be time, a subpena duces tecum request must examined. The contents of the notice ceeding in which it is made, has been meet the requirements of § 1.33 (b) ana are the same as are required by present deleted. We do not believe that an ad­ (d ). Finally, § 1.33(f) provides for a § 1.312; except that § 1.312(b) (4) and mission made to the Commission in one subpena duces tecum to enforce an order (5), relating to the need for a deposition case should be unavailable before us in for the production of documents and and to the need for multiple depositions, another case. In addition, our respon­ things for inspection and copying under have been deleted as not being wholly sibilities necessarily extend beyond se­ § 1-324. consonant with discovery depositions. curing admissions just to resolve par­ 18. Federal rules 30(g) and 37 have no Section 1.317, which resembles Federal ticular issues. The admissions permitted counterparts in the proposed rules. to be requested under this rule are like rule 30 (b) and (d ), is the same as the These rules deal with the imposition oi present § 1.313, with only a few minor forced stipulations. This procedure is costs on recalcitrant witnesses and err­ usually used in coordination with pre- ing parties. W e doubt our authority 6 The government may, of course, prop­ hearing procedures. It should be noted impose such costs. However, an unrea­ erly decline to reveal the names of inform­ in passing that the mental and physical sonable refusal to admit a fact subse­ ants who have furnished information in the examinations of Federal rule 35 are not quently proved, unexplained failure w course of an investigation. Roviaro v. United included in the proposed rules because respond to a notice for the taking ox States, 353 U.S. 53 (1956); Amstein v. United their need in Commission proceedings deposition, or other misuse of these pro­ States, 296 Fed. 946 (C.A.D.C., 1924) ; Mitchell seems remote. cedures will be considered as reflecting v. Roma, 265 F. 2d 633 (O.A. 3, 1959). Cf. upon a party’s fitness to be a licensee. Mitchell v. Bass, 252 F. 2d 513 (C.A. 8, 1958). 16. The proposed § 1.326 is a codifica­ See also the discussion in par. 5. tion of the rule enunciated in Jencks v. Witnesses who are not parties are 7 See also the procedure set out in D and E United States, 353 U.S. 657 (1957), and course subject to subpena and to appro* Broadcasting Co., 5 Pike & Fischer, R.R. 2d modified in 18 U.S.C. 3500. When a wit­ priate enforcement remedies. 475 (1965), requiring the appropriate Com­ ness has testified, and it is established 19. Pursuant to applicable procedur mission Bureau to submit hills of particu­ that there is a written statement made set out in § 1.415 of the Commissions lars in certain cases. rules, interested parties may file « See United States v. Manhattan Brush by the witness in the possession of a Co., Inc., 38 FRD 4 (S.D.N.Y. 1965). party, which is related to the witness’ ments herein on or before April 8, '

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3405 with reply comments due on or before information which may lead to the dis­ mer action may be used in the latter as April 22, 1966. In reaching its decision closure of an informer’s identity. if originally taken therefor. herein, the Commission may also take (3) Commission personnel may be (g) Effect of taking or using deposi­ into account other relevant information questioned on oral deposition as to mat­ tions. A party shall not be deemed to before it, in addition to the specific com­ ters within their direct personal knowl­ make a person his own witness for any ments invited by this notice. edge only. Other information, if not purpose by taking his deposition. The 20. Authority for adoption of the rulesprivileged, may be sought by other dis­ introduction in evidence of the deposi­ proposed herein is found in sections 4 (i) covery procedures. tion or any part thereof for any purpose and (j), 303(r) and 409(h) of the Com­ (4) Information submitted to the other than that of contradicting or im­ munications Act of 1934, as amended. Commission in confidence under the pro­ peaching the deponent makes the de­ Adopted: February 23, 1966. visions of this chapter (see, e.g., § 0.417 ponent the witness of the party intro­ (c) (1 )—(3 )) is not subject to discovery. ducing the deposition, but this shall not Released: February 28, 1966. It must be requested under § 0.417(c). apply to the use by an adverse party of a Federal Communications (d) Who shall act. The presiding of­ deposition as described in subparagraph Commission,9 ficer (see § 1.241), or the Commission, (2) of paragraph (f) of this section. At or the Review Board, or the Chief Hear­ the hearing any party may rebut any [seal] B en F. W aple, ing Examiner, if the matter to which the relevant evidence contained in a deposi­ Secretary. deposition pertains is before one of them tion whether introduced by him or by 1. The undesignated center heading (see § 0.341), shall take the actions pro­ any other party. vided for in §§ 1.311-1.326. The term preceding § 1.311 is amended, §§ 1.311- § 1.313 Depositions pending appeal. 1.319 are deleted, and §§ 1.311-1.326 are “presiding officer,” as used in these sec­ added in lieu thereof to read as follows: tions, shall be understood to refer to the If an appeal has been taken from a appropriate officer or body. final decision of the Commission, or be­ Depositions and D iscovery (e) Examination and cross-examina­ fore the taking of an appeal if the time §1.311 When discovery is available. tion. Examination and cross-examina­ therefor has not expired, the Commis­ tion of deponents may proceed as per­ sion (or the Review Board, or presiding The procedures for discovery contained mitted at the hearing. officer, in a case where review was not in §§ 1.312-1.325 shall be available in any (f) Use of depositions. At the hear­ granted by a higher authority) may al­ adjudicatory proceeding which has been ing (or in a pleading), any part or all of low the taking of the depositions of wit­ designated for hearing. a deposition, so far as admissible, may nesses to perpetuate their testimony for § 1.312 Depositions pending action. be used against any party who was pres­ use in the event of further proceedings, ent or represented at the taking of the on motion, and solely to avoid a failure (a) The purpose of depositions. Any party may take the testimony of any per­ deposition or who had due notice thereof, of justice. _ in accordance with any one of the fol­ son, including a party, by deposition § 1.314 Persons before whom deposi­ upon oral examination or written inter­ lowing provisions: tions may be taken. rogatories for the purpose of discovery (1) Any deposition may be used by any party for the purpose of contradict­ Depositions shall be taken before any or for use as evidence in the hearing or judge or any court of the United States; for both purposes. The deposition may ing or impeaching the testimony of de­ ponent as a witness. any United States Commissioner; any be taken without an order therefor. The clerk of a district court; any chancellor, attendance of witnesses may be com­ (2) The deposition of a party or of any one who at the time of taking the justice or judge of a supreme or superior pelled by the use of subpoena as pro­ court; the mayor or chief magistrate of vided in §§ 1.331-1.340. deposition was an officer, director, or managing agent of a public or private a city; any judge of a county court, or Note: The parties may, of course, utilize corporation, partnership or association court of common pleas of any of the informal exchanges of information, including which is a party may be used by an ad­ United States; any notary public, not such matters as the identity of the persons being of counsel or attorney to any party, with knowledge of particular facts. verse party for any purpose. (3) The deposition of a witness, nor interested in the event of the pro­ (b) Scope of examination. Except as whether or not a party, may be used by ceeding; or presiding officers, as pro­ provided by paragraph (c) of this sec­ any party for any purpose if the presid­ vided in § 1.243. tion and unless otherwise ordered by the ing officer finds: (i) That the witness is § 1.315 Stipulations regarding the tak­ presiding officer (see par. (d) of this dead; or (ii) that the witness is out of ing o f depositions. section) as provided by § 1.317, the depo­ the United States, unless it appears that nent may be examined regarding any the absence of the witness was procured If the parties so stipulate in writing, matter, not privileged, which is relevant by the party offering the deposition; or depositions may be taken before any per­ to the hearing issues, including the ex­ (iii) that the witness is unable to attend son, at any time or place, upon any no­ istence, description, nature, custody, con­ or testify because of age, sickness, in­ tice, and in any manner and when so dition and location of any books, docu­ firmity, or imprisonment; or (iv) upon taken may be used like other depositions. ments, or other tangible things and the application and notice, that such excep­ § 1.316 Notice to take depositions upon identity and location of persons having tional circumstances exist as to make it oral examination. knowledge of relevant facts. It is not desirable, in the interest of justice and ^u^to for objection that the testimony (a) A party to a hearing desiring to with due regard to the importance of take a deposition of any person shall give will be inadmissible at the hearing if the presenting the testimony of witnesses a minimum of 15 days notice in writing testimony sought appears reasonably orally in open hearing, to allow the dep­ calculated to lead to the discovery of to every other party and to the person osition to be used. to be examined. An original and 14 admissible evidence. (4) If only part of a deposition is of­ (c) Limitations on discovery from the copies of the notice shall be „filed with fered in evidence by a party, an adverse the Commission. Commission. Discovery from the Com­ party may require him to introduce all mission shall be subject to the following (b) The notice shall contain the fol­ of it which is relevant to the part in­ lowing information: further limitations: troduced, and any party may introduce (1) The name and address of each (1) Staff memoranda, staff investiga-any other parts. person to be examined, if known, and if ve reports, and statements in the Com- (5) Substitution of parties does not possession by persons inter- the name is not known, a general de­ affect the right to use depositions pre­ scription sufficient to identify him or ewed shall be considered privileged viously taken; and, when an action in aocuments. (See, however, § 1.326 as to the particular class or group to which he any hearing has been dismissed and an­ belongs. atements of Commission witnesses.) other action involving the same subject (2) The time and place for taking the matter is afterward brought between the - j ; : The informer’s privilege shah be deposition of each person to be ex­ strued broadly and shall encompass same parties or their representatives or amined, and the name and address of the successors in interest, all depositions person before whom the deposition is to 9 Commissioner Bartley absent. lawfully taken and duly filed in the for­ be taken.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3406 \ PROPOSED RULE MAKING

(3) The matters upon which each§ 1.319 Submission o f deposition to wit­ notice and the interrogatories received person will be examined. ness; changes; signing. by him. (c) Notice of filing. When the dep­ When the testimony is fully tran­ § 1.317 Orders to protect parties and osition is filed, the party taking it shall scribed, the deposition of each witness deponents. promptly give notice thereof to all other shall be submitted to him for examina­ parties. (a) On his own motion or upon mo­ tion and shall be read to or by him. Any (d ) Orders for the protection of par­ tion seasonably made by any party or by changes in form or substance which the ties and deponents. After the service of the person to be examined, the presid­ witness desires to make shall be entered interrogatories and prior to the taking of ing officer may order: upon the depositioil-bjf the officer with . the testimony of the deponent, the pre­ (1) That the deposition shall not be a statement of the reasons given by the siding officer, on his own motion, or on taken. witness for making them. The deposi­ motion promptly made by a party or a (2) That it may be taken only at some tion shall then be signed by the witness, deponent, upon notice and good cause designated time or place other than that unless the parties by stipulation waive shown, may make any order specified in stated in the notice. the signing, or the witness is ill, cannot § 1.317 which is appropriate and just (3) That it may be taken only on be found, or refuses to sign. If the dep­ or an order that the deposition shall not written interrogatories. osition is not signed by the witness, the be taken before the officer designated in (4) That certain matters shall not be officer shall sign it and state on the rec­ the notice or that it shall not be taken inquired into. ord the fact of the waiver, the illness or except upon oral examination. (5) That the scope of the examination absence of the witness, or of his refusal shall be limited to certain matters. to signTtogether with the reason (if any) § 1.322 Objections to depositions. ( 6) That the examination shall be given therefor; and the deposition may (a ) Except as provided in paragraphs held under such circumstances as will then be used as fully as though signed, (b ), (c) , and (d) of this section, objec­ effectuate the ends of justice. unless upon a motion to suppress, the tion may be made at the hearing to re­ (7) That, after being sealed, the dep­ presiding officer holds that the reason ceiving in evidence any deposition or part osition shall be opened only by order of given for the refusal to sign requires re­ the presiding officer. jection of the deposition in whole or in thereof for any reason which would re­ quire the exclusion of the evidence if (b) Motions opposing the taking of part. depositions shall be filed and served on the witness were then present and testi­ all parties to the proceeding within 10 § 1.320 Certification of deposition and fying. days of filing of the notice to take dep­ filing by officer; copies. (b) Objections to the competency of a ositions. The presiding officer may in The officer shall certify on the deposi­ witness, or the competency, relevancy, or his discretion direct the parties or their tion that the witness was duly sworn by materiality of testimony are not waived attorneys to appear at a specified time him, that the deposition is a true record by failure to make them before or dur­ and place for a conference to consider of the testimony given by the witness, ing the taking of the deposition unless matters raised by the notice or the oppo­ and that said officer is not of counsel the ground of the objection is one which sition. or attorney to either of the parties, nor might have been obviated or removed if (c) If a motion opposing the taking of interested in the event of the proceeding presented at that time. depositions is not filed, and if no action is or investigation. He shall then securely (c) Errors and irregularities occurring taken by the presiding officer on his own seal the deposition in an envelope en­ at the oral examination in the manner motion within 10 days after filing of the dorsed with the title of the action and of taking the deposition, in the form of notice to take depositions, the deposi­ marked “Deposition of (here insert name the questions or answers, in the oath or tions described in the notice may be of witness) ” and shall promptly send the affirmation, or in the conduct of parties, taken. original and two copies thereof, together and errors of any kind which might be (d) In acting on the notice to take with the original and two copies of all obviated, removed, or cured if promptly depositions, or a subsequent motion, the exhibits, by registered mail to the Sec­ presented, are waived unless reasonable presiding officer may consider the fol­ retary of the Commission. objection thereto is made at the taking lowing matters: of the deposition. Cl) The relevancy to the hearing is­ § 1.321 Depositions o f witnesses upon (d ) Any objection made at the time sues of the matters upon which each per­ written interrogatories. of the examination to the qualifications son will be examined, and the compe­ (a) Serving interrogatories; notice. of the officer taking a deposition, or to tency of such person to testify on such A party desiring to take the deposition the manner of taking it, or to the evi­ matters. of any person upon written interroga­ dence presented, or to the conduct of any (2) Any measures which justice may tories shall serve them upon every other party, and any other objection to the require to protect a party or witness party with a notice stating the name and proceedings, shall be noted by the officer from annoyance, embarrassment, or address of the person who is to answer upon the deposition. Evidence objected oppression. them and the name or descriptive title to shall be taken subject to such objec­ (3) The necessity for taking, multiple and address of the officer before whom tion. depositions to establish the facts in the deposition is to be taken. Within 10 § 1.323 Interrogatories to parties. question. days thereafter a party so served may (e) No inference concerning the ad­ serve cross interrogatories upon the party (a ) Any party may serve upon any ad­ missibility of a deposition in evidence proposing to take the deposition. With­ verse party written interrogatories to be shall be drawn because of favorable ac­ in 5 days thereafter the latter may serve answered by the party served or, if the tion on the notice to take depositions. redirect interrogatories upon a party party served is a public or private cor­ who has served cross interrogatories. poration or a partnership or association, § 1.318 Oath; transcript o f depositions. Within 3 days after being served with re­ by any officer or agent, who shall furnish The officer before whom the deposi­ direct interrogatories, a party may serve such information as is available to the tion is to be taken shall administer an recross interrogatories upon the party party. Interrogatories may be served af­ oath or affirmation to the witness and proposing to take the deposition. ter designation for hearing and without shall personally, or by someone acting (b) Officer to take responses and pre­ leave. under his direction and in his presence, pare record. A copy of the notice and (b ) The interrogatories shall be an­ record the testimony of the witness. The copies of all interrogatories served shall swered separately and fully in writing testimony shall be taken stenograph- be delivered by the party taking the dep­ under oath. H ie answers shall be signed ically and transcribed, unless the parties osition to the officer designated in the by the person making them; and the agree otherwise. In lieu of participating notice, who shall proceed promptly, in party upon whom the interrogatories in the oral examination, parties served the manner provided by §§ 1.318-1.320, have been served shall serve a copy of the with notice of taking a deposition may to take the testimony of the witness in answers on the party submitting the transmit written interrogatories to the response to the interrogatories and to interrogatories within 15 days after officer, who shall propound them to the prepare, certify, and file or mail the dep­ the service of the interrogatories, unless witness and record the answers verbatim. osition, attaching thereto the copy of the the presiding officer, on motion and no-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3407 tice and for good cause shown, enlarges deemed admitted unless, within a period permitted by § 1.312(b), but in that event or shortens the time. designated in the request, not less than the subpena request will be subject to the (c) Within 10 days after service of 10 days after service thereof or within provisions of §§ 1.317 and 1.333(b). interrogatories a party may serve written such shorter or longer time as the pre­ (f ) Requests for issuance of a subpena objections thereto. Answers to inter­ siding officer may allow on motion and duces tecum to enforce an order for the rogatories to which objection is made notice, the party to whom the request production of documents and things for shall be deferred until the objections are is directed serves upon the party re­ inspection and copying under § 1.324 may determined. questing the admission either (a) a be submitted'With the motion requesting (d) Interrogatories may relate to any sworn statement denying specifically the the issuance of such an order. Regard­ matters which can be inquired into un­ matters of which an admission is re­ less of the time when the subpena re­ der § 1.312(b), and the answers may be quested or setting forth in detail the quest is submitted, it need not be ac­ used to the same extent as provided i n: reasons why he cannot truthfully admit companied by a showing that relevant § 1.312(f) for the use of the deposition or deny those matters, or (b) written and material evidence will be adduced, of a party. Interrogatories may be objections on the ground that some or all but merely that the documents and served after a deposition has been taken, of the requested admissions are privileged things to be examined contain non­ and a deposition may be sought after or irrelevant or that the request is other­ privileged matter which is relevant to an interrogatories have been answered, but wise improper in whole or in part. If issue in hearing. the presiding officer, on his own motion, written objections to a part of the re­ or on motion of the deponent or the [F.R. Doc. 66-2289; Filed, Mar. 3, 1966; quest are made, the remainder of the 8:49 a.m.] party interrogated, may make such pro­ request shall be answered within the tective order as justice may require. The period designated in the request. A number of interrogatories or of sets of denial shall fairly meet the substance of [ 47 CFR Part 97 ] interrogatories to be served is not limited the requested admission, and when good except as justice requires to protect the faith requires that a party deny only a [Docket No. 16420] party from annoyance, expense, embar­ part or a qualification of a matter of RADIO AMATEUR CIVIL EMERGENCY rassment, or oppression. The provisions which an admission is requested, he shall SERVICE of § 1.317 are applicable for the protec­ specify so much of it as is true and deny tion of the party from whom answers to only the remainder. Order Extending Time for Filing interrogatories are sought under this Comments section. § 1.326 Production o f statements. In the matter of amendment of Part § 1.324 Discovery and production of After a witness is called and has given direct testimony in a hearing, and before 97 of the Commission’s rules to authorize documents and things for inspection, on a permanent basis the Radio Amateur copying, or photographing. he is excused, any party may move for the production of any statement, or part Civil Emergency Service (RACES) on Upon motion of any party showing thereof, of such witness, pertaining to an integral phase of the Amateur Radio good cause therefor and upon notice to his direct testimony, in possession of the Service for Civil Defense Operations. all other parties, and subject to the pro­ party calling the witness, if such state­ The Commission, by its Chief, Safety visions of § 1.317, the presiding officer ment has been reduced to writing and and Special Radio Services Bureau, hav­ may (a) order any party to produce and signed or otherwise approved or adopted ing under consideration a petition filed permit the inspection and copying or by the witness. Such motion shall be by the American Radio Relay League, photographing, by or on behalf of the directed to the presiding officer. If the Inc. (A R R L), to extend the time for moving party, of any designated docu­ party declines to furnish the statement, filing comments in the above-entitled ments, papers, books, accounts, letters, matter until March 30, 1966; and the testimony of the witness pertaining photographs, objects, or tangible things, to the requested statement shall be It appearing, that the time for filing not privileged, which constitute or con­ stricken. comments to Docket No. 16420 expires tain evidence relating to any of the mat­ on February 21, 1966, and the time for ters within the scope of the examination 2. In section 1.333, paragraphs (e) and filing reply comments expires on March 8, permitted by § 1.312(b) and which are in (f) are added, to read as follows: 1966; and his possession, custody, or control; or It further appearing, that in support (b) order any party to permit entry § 1.333 Requests for issuance o f sub- pena. of its request, petitioner states, among upon designated land or other property other things, that its Executive Com­ m his possession or control for the pur­ * * * * * mittee will not be able to meet until pose of inspecting, measuring, surveying, (e) Requests for issuance of a sub- March 26, 1966, and will not, therefore, or photographing the property or any pena ad testificandum to enforce a notice be able to consider and comment upon designated object or operation thereon to take depositions shall be submitted in this* important matter without an exten­ withm the scope of the examination per­ writing. Such requests may be sub­ sion of the comment period; and mitted by § 1.312(b). The order shall mitted with the notice or at a later date. It further appearing, that in light of specify the time, place, and manner of The request shall not be granted until the considerations advanced by peti­ making the inspection and taking the the 10 day period for the filing of mo­ tioner, an extension of the comment copies and photographs and may pre­ tions opposing the taking of depositions period would be in the public interest: scribe such terms and conditions as are has expired or, if a motion has been It is ordered, This 21st day of Febru­ just. filed, until that motion has been acted ary 1966, pursuant to sections 4(i) and § 1.325 Admission o f facts and o f genu on. Regardless of the time when the 5 (d )(1 ) of the Communications Act of ineness of documents. subpena request is submitted, it need 1934, as amended, and § 0.331(b) (4) of not be accompanied by a showing that the Commission’s rules, that the time for f6r 5es^ na^ 0n an adjudicator; relevant and material evidence will be filing comments in response to the above- nnv tu ^caving, a party may serve upoi adduced, but merely that the person will entitled matter is extended to March 30, • party a written request for th< be examined regarding a nonprivileged 1966, and that the time for filing reply n e S 1

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3408 PROPOSED RULE MAKING

M a x im u m INTERSTATE COMMERCE Exemptions and packing Label required q u a n tit y in 1 Artide Classed as— (see sec.) if n o t e x e m p t outside con­ ta in e r b y rail COMMISSION express [ 49 CFR Parts 71-79] [Docket No. 3660; Notice No. 71] Change G r e e n .. . 300 pounds. Compressed gases, n.o.s ------— N o n i. G ______73.306, 73.305, 73.304, 73.302. 300 p ounds. EXPLOSIVES AND OTHER Compressed gases, n.o.s ------F . G ...... 73.306, 73.305, 73.304, 73.302. R e d G a s W h i t e - 5 p in ts. P e rc h lo ric a d d not in excess o f 7i C o r. L . ______73.244, 73.269______DANGEROUS ARTICLES percent. Sodium chlorite solution (not ex­ C o r . L _____ 73.244, 73.263- W h i t e . . . 4 gallon s. Notice of Proposed Rule Making ceeding 42 percent sodium c h lo rite ). F e b r u a r y 11,1966. A d d

The Commission is in receipt of ap­ Aerosol products. See C o m ­ plications for early amendment of the pressed gases, n.o.s. A m m u n it io n fo r s m a ll a rm s w it h E x p l. A - N o e x e m p tio n , 73.58— N ot accepted. above-entitled regulations insofar as incendiary projectiles. they apply to shippers in the prepara­ Dimethylhexyl diperoxybenzoate. O x y . M - N o e x e m p tio n , 73.158.. Y e l lo w . 25 p ounds. Pressurized products. See C o m ­ tion of articles for transportation, and to pressed gases, n.o.s. all carriers by rail and highway. The proposed amendments are set forth in Cancel Appendix A below and the reasons there­ Ammunition for small arms with E x p l. A - N o ex e m p tio n , 73.58.. N ot accepted. fore are listed in Appendix B below. explosive bullets. Any party desiring to make represen­ tations in favor of or against the pro­ posed amendments may do so through PART 73— SHIPPERS § 73.31 Qualification, maintenance, and the submission of written data, views, use o f tank cars. or arguments. The original and five In Part 73 Index, amend §§ 73.158, 73.263 (29 F.R. 18668, 18669, Dec. 29, (a) * * * copies of such submission may be filed (4) Tank cars and appurtenances may 1964) as follows: with the Commission on or before March be used for the transportation of any 16, 1966. The proposed amendments are 73.158 Benzoyl peroxide, chlorobenzoyl per- commodity for which they are author­ subject to change or changes that may oxide (para), cyclohexanone ized. Tank cars proposed for a com­ be made as a result of such submissions. peroxide, dimethylhexane dihydro­ peroxide, dimethylhexyl diperoxy­ modity service other than authorized, Notice to the general public will be must be approved for such service by the given by depositing a copy of this notice benzoate, lauroyl peroxide, or suc­ cinic acid peroxide, dry. Association of American Railroads’ Com­ in the Office of the Secretary of the Com­ 73.263 Hydrochloric (muriatic) acid, hy­ mittee on Tank Cars. Transfer of a mission for public inspection, and by drochloric (muriatic) acid mix­ tank car from one authorized service to filing a copy of the notice with the Di­ tures, hydrochloric (muriatic) another may be made only by the owner rector, Office of the Federal Register. acid solution inhibited, sodium or owner’s authorization. Classes ICC- chlorite solution .(not exceeding (62 Stat. 738, 74 Stat. 808; 18 U.S.C. 834) 105A-W, 109A-W, 111A-100-W-4, 112A- 42 percent sodium chlorite), and W , 114A-W tank cars may be used for By the Commission, Explosives and cleaning compounds, liquid, con­ any commodity for which they are ap­ Other Dangerous Articles Board. taining hydrochloric (muriatic) acid. proved by the Committee on Tank Cars [ s e a l ] H. N e il G a r s o n , and be stenciled accordingly. When a Secretary. Subpart A— Preparation of Articles for tank car is stenciled to indicate that it A p p e n d ix A Transportation by Carriers by Rail is authorized for one commodity only, it must not be used for any other PART 71— g e n e r a l information Freight, Rail Express, Highway, or Water service. AND REGULATIONS * * * * * In § 73.22 amend the introductory text In Part 71 Index, amend § 71.4 (29 F.R. (d) * * * of paragraph (a) (29 F.R. 18672, Dec. 29, 18652, Dec. 29, 1964) to read as follows: (2) Each tank, except as provided in 1964) to read as follows: 71.4 Changes In specifications for tank cars. subparagraph (d) (9) of this section, § 73.22 Specification c o n ta in e rs pre­ must be subjected to the specified hydro­ In § 71.4 amend the heading and para­ scribed. static pressure and its permanent ex­ graph (a) (29 F.R. 18652, Dec. 29, 1964) pansion determined. Pressure must be to read as follows: (a) Shipping containers, unless other­ wise provided in this part (see § 73.9(c)), maintained for 30 seconds and as much § 71.4 Changes in specifications for tank used hereafter in shipping explosives or longer as may be necessary to secure cars. other dangerous articles, must be de­ complete expansion of the tank. Pres­ (a ) See § 79.4 of this chapter. termined by the shipper to have been sure gauge must permit reading to an accuracy of 1 percent. Revise entire § 71.5 (29 F.R. 18652, made, assembled with all parts or fittings Expansion Dec. 29, 1964) to read as follows: in their proper place, and marked in gauge must permit reading of total ex­ compliance with applicable specifications pansion to an accuracy of 1 percent. Ex­ § 71.5 Procedure covering tank car con­ prescribed in Parts 78 and 79 of this pansion must be recorded in cubic cen­ struction. chapter or with specifications of the timeters. Permanent volumetric expan­ (a ) See § 79.3 of this chapter. Commission in effect at date of manufac­ sion must not exceed 10 percent of total ture of container. volumetric expansion at test pressure and ***** tank must not leak or show evidence of PART 72— COMMODITY LIST OF EX­ In § 73.31 amend paragraphs (a) (4), distress. PLOSIVES AND OTHER DANGER­ (d)(2), (d)(7); in paragraph (d)( 8) ***** OUS ARTICLES CONTAINING THE Retest Table 2 amend the 4th column (7) The month and year of test, fol­ SHIPPING NAME OR DESCRIPTION heading reading, “Tank hydrostatic ex­ lowed by a “V” if visually inspected as OF ALL ARTICLES SUBJECT TO pansion” to read, “Tank hydrostatic ex­ described in subparagraph (d) (9) of this pansion4;” amend Retest Table 2 proper section, must be plainly and permanently PARTS 71-79 OF THIS CHAPTER and add footnote4 thereto; add para­ graph (d) (9) (29 FJt. 18674, 18675, Dec. stamped into the metal of one head o Amend § 72.5 paragraph (a) Com­ chime of each tank passing test; f o r ^ ' modity List (29 F.R. 18655, 18658, 18663, 29, 1964) (30 F.R. 5743, Apr. 23, 1965) to ample, 1-60 for January 1960. On ICl- 18665, Dec. 29, 1964) as follows: read as follows:

FEDERAL REGISTER, V O t. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3409

107A**** tanks, the date must be manently applied to the bulkhead on the by, for or to the Departments of the stamped into the metal of the marked “A ” end of the car. Date of previous Army, Navy, and Air Force of the U.S. end; except that if all tanks mounted on tests and all prescribed markings must Government or unless of a type approved a car have been tested, the date may be be kept legible. by the Commission. stamped into the metal of a plate per- (8) * * * * * * * *

K etest T able 2 In § 73.54 amend paragraph (a) (29 F.R. 18684, Dec. 29, 1964) to read as

R e te s t in te rv a l— R e te s t pressure— S a fe ty re lief v a lv e follows: y e a rs p .s.i. pressure— p.s.i. § 73.54 Ammunition for cannon. Specification S a fe ty T a n k (a) Ammunition for cannon with ex­ T a n k re lie f'’ h y d r o s t a ­ T a n k S ta rt-to - V a p o r plosive projectiles, gas projectiles, smoke d e v ic e s tic e x p a n ­ a ir test discharge tig h t sion d projectiles, incendiary projectiles, illu­ minating projectiles, or shell must be packed and property secured in strong A d d 5 2 1,000 100 750 600 wooden or metal containers, or in plastic * * * * * * * * * * * * • * * * * * * * * containers as listed on U.S. Army Mate­ riel Command Drawing No. A-9205248, * See § 73.31(d)(9). dated December 9, 1964. • • * * ♦ ♦ * * (9) Tanks of ICC-106A and IC C - 1962)1 will, in addition to the following In § 73.56 add paragraph (e) (1) (29 110A-W (§§ 79.300, 79.301, 79.302 of this requirements prescribed herein, meet the F.R. 18685, Dec. 29, 1964) to read as chapter) specifications used exclusively requirements for visual inspection: follows: for transporting fluorinated hydrocar­ * * * * * bons and mixtures thereof which are free § 73.56 Ammunition, projectiles, gre­ from corroding components may be given Subpart B— Explosives; Definitions nades, bombs, mines, gas mines, and torpedoes. a periodic complete internal and external and Preparation * * * * * visual inspection in lieu of the periodic In § 73.51 amend paragraph (q) (30 hydrostatic retest. Visual inspections F.R. 5744, Apr. 23, 1965) to read as (e) * * * shall be made only by competent per­ follows: (1) Explosive bombs packed more sons. Acceptance or rejection of tanks than one in shipping containers having shall be based upon the methods used for § 73.51 Forbidden explosives. gross weights not in excess of 1,400 cylinders in Compressed Gas Associa­ ***** pounds may be shipped by, for or to the tion’s Pamphlet C-6-1962, “Standards for (q) New explosives and explosive de­ Departments of the Army, Navy, and Air Visual Inspection of Compressed Gas vices except samples for laboratory ex­ Force of the U.S. Government. Cylinders”; 1 and the results shall be re­ amination (see § 73.86) and military ex­ * * * * * corded on a suitable data sheet, the com­ plosives of a secu rity classification ap­ Revise entire § 73.58 (29 F E . 18685, pleted copies of which shall be kept by proved by the U.S. Army Materiel Dec. 29, 1964) to read as follows: the owner as a permanent record. The Command; Chief, Bureau of Naval points to be recorded and checked on Weapons, Department of the Navy; or § 73.58 Ammunition for small arms. these data sheets are : Date of inspection Commander, Air Force Systems Com­ (a) Ammunition for small arms with (month and year followed by a “V ” to in­ mand and Commander, Air Force Logis­ explosive projectiles or incendiary pro­ dicate visual inspection) ; ICC specifica­ tics Command, Department of the Air jectiles must be well packed and prop­ tion number; tank identification (regis­ Force. All other new explosives must be erly secured in strong metal or wooden tered symbol and serial number, date of approved Tor transportation by the Bu­ containers. The gross weight of the out­ manufacture and ownership symbol) ; reau of Explosives. side package must not exceed 175 pounds. type of protective coating (painted, etc., * * * * 41 (b) Each outside package must be and statement as to need of refinishing In § 73.53 amend paragraph (q) (29 plainly marked “Ammunition for small or recoating) ; conditions checked (leak­ arms with explosive projectiles,” or age, corrosion, gouges, dents or digs, F.R. 18684, Dec. 29, 1964) to read as follows: “Ammunition for small arms with in­ broken or damaged chime or protective cendiary projectiles,” as the case may be. ring, fire, fire damage, internai condi­ § 73.53 Definition o f class A explosives. (c) Ammunition for small arms with tion) ; disposition of tank (returned to ***** explosive projectiles or incendiary pro­ service, returned to manufacturer for re­ jectiles must not be offered for trans­ pair, or scrapped). (q) Ammunition for small arms with explosive projectiles or incendiary pro­ portation by rail express, except as pro­ * * * * * ( jectiles. Ammunition for small arms vided in §§ 73.86 and 75.675 of this chap­ In § 73.34 amend only that portion of with explosive projectiles and ammuni­ ter. Paragraph (e) (10) which precedes the tion for small arms with incendiary In § 73.66 amend paragraph (g) (1) table (29 F.R. 18680, Dec. 29, 1964) to projectiles is fixed ammunition of cali­ (29 F.R. 18690, Dec. 29, 1964) to read as read as follows: ber less than 0.80 inch (20.32 millimeters) follows: to be used in machine guns or cannons, § 73.34 Qualification, maintenance and § 73.66 Blasting caps, blasting caps with use of cylinders. and consists of a metallic cartridge case, safety fuse, blasting caps with metal the primer and the propelling charge, clad mild detonating fuse, and elec­ ***** with explosive projectile or incendiary tric blasting caps. (e) * * * projectile with or without detonating ***** J W M M t a d m made in compliance fuze; the component parts necessary for (g) * * * hii sPec*fications listed in the table one firing being all in one assembly. (1) Spec. 14, 15A, or 16A (§§ 78.165, in,u f nd used exclusively in the service Detonating fuzes, tracer fuzes, explosive 78.168, or 78.185 of this chapter). may, in lieu of the periodic hy- or ignition devices or fuze parts with ex­ Wooden boxes (see § 73.67(a) (1), Note 1) t l re^es^> be given a complete ex- ‘«rnaa visual inspection at the time such plosives contained therein must not be or spec. 12H, 23F, or 23H (§§ 78.209, assembled in ammunition or included in 78.214, or 78.219 of this chapter), fiber- penodie retest becomes due. External board boxes, with inside containers uai inspection as described in the the same outside package unless shipped which must be pasteboard cartons con­ repressed Gas Association’s “Stand- 1 Available from the Compressed Gas Asso­ taining not more than 100 caps each, os for Visual Inspection of Compressed ciation, Inc., 500 Fifth Avenue, New York, or pasteboard tube inclosing each cap Uas Cylinders” (CGA Pamphlet C -6 - N.Y. with wires or with the wires wrapped

No. 43- FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3410 PROPOSED RULE MAKING around the tube. Gross weight of 103 § 73.119 Flammable liquids not specif­ In § 73.158 amend the heading and the pounds authorized for spec. 12H boxes ically provided for. introductory text of paragraph (a)" (29 when constructed of 350-pound test cor­ * * * * $ F.R. 18711, Dec. 29, 1964) to read as rugated fiberboard in accordance with (b ) * * * follows : § 78.209-8 (a) (3) of this chapter. Gross weight of wooden boxes containing paste­ (9) Spec. 21P (§ 78.225 of this chap­§73.158 Benzoyl peroxide, chloroben- board cartons or caps with wires 30 feet ter). Fiber drum overpack with inside zoyl peroxide (p a ra ), cyclohexanone or more in length in pasteboard tubes spec. 2S or 2SL (§ 78.35 or 78.35a of this peroxide, dimethylhexane dihydro­ peroxide, dimethylhexyl diperoxy- must not exceed 150 pounds, except for chapter) polyethylene container. Au­ thorized only for materials that will not benzoate, lauroyl peroxide, or sue- export shipment. Gross weight of cinic acid peroxide, dry. wooden boxes containing caps with wires react with polyethylene and result in less than 30 feet in length in pasteboard container failure. (a) Benzoyl peroxide, chlorobenzoyl tubes must not exceed 75 pounds. * * * * * peroxide (p a ra ), cyclohexanone per­ * * * * * In § 73.126 amend paragraph (a) (29 oxide over 50 percent concentration but not exceeding 85 percent concentration, In § 73.91 add paragraph (a) (6) (29 F.R. 18706, Dec. 29, 1964) to read as follows: dimethylhexane dihydroperoxide, di­ F.R. 18695, Dec. 29, 1964) to read as methylhexyl diperoxybenzoate, lauroyl follows : § 73.126 Nickel carbonyl. peroxide, or succinic acid peroxide, dry, must be packed in specification con­ § 73.91 Special fireworks. (a) Nickel carbonyl must be packed tainers as follows: (a) * * * in specification cylinders as prescribed * * ♦ * * (6) Illuminating projectiles, incendi­for any compressed gas, except acety­ ary projectiles, and smoke projectiles ex­ lene. Cylinders used exclusively for In § 73.164 add paragraph (a) (6) (29 ceeding 90 pounds in weight each, or of nickel carbonyl may be given a complete F.R. 18713, Dec. 29, 1964) to read as not less than 4 y2 inches in diameter, may external visual inspection at the time follows : be shipped without being boxed only by, periodic retest becomes due in lieu of the § 73.164 Chromic acid. for, or to the Departments of the Army, interior hydrostatic pressure test re­ (a) * * * Navy, and Air Force of the U.S. Govern­ quired by § 73.34(e). Visual inspection ment when securely blocked and braced shall be in accordance with Compressed (6) Spec. 21C (§ 78.224 of this chap­ in accordance with methods prescribed Gas Association’s “Standards for Visual ter). Fiber drums lined with a saran by the cognizant military departments Inspection of Compressed Gas Cylin­ plastic material having a minimum and approved by the Commission. ders” (CGA Pamphlet C-6-1962).2 thickness of 0.002 inch. Authorized net weight not over 115 pounds. (1) Illuminating projectiles, incendi­ * * * * ary projectiles, and smoke projectiles In § 73.182 amend paragraph (b) (6) Ip § 73.139 add paragraph (a)(5) (29 less than 4% inches in diameter may be (29 F.R. 18715, Dec. 29, 1964) to read as F.R. 18708, Dec. 29, 1964) to read as follows: shipped without being boxed, when follows: palletized, only by, for, or to the Depart­ § 73.182 Nitrates. ments of the Army, Navy, and Air Force § 73.139 Ethylene imine, inhibited, and * * * * * of the U.S. Government when securely propylene imine, inhibited. (b) * * * blocked and braced in accordance with (6) Spec. 44P (§ 78.241 of this chap­ methods prescribed by the cognizant (a) * * * ter). All plastic bags. Authorized net military departments and approved by (5) Spec. 5A (§ 78.81 of this chapter). weight not over 81 pounds. Authorized the Commission. Metal barrels or drums not over 55-gal­ lon capacity. Authorized for propylene only for ammonium nitrate mixed fer­ ♦ * * * * imine, inhibited only. tilizer, and ammonium nitrate fertilizer In § 73.100 amend the introductory containing 90 percent or more ammo­ text of paragraph (b ) ; amend paragraph Subpart D— Flammable Solids and nium nitrate with no organic coating. (b ) (2) (29 F.R. 18697, Dec. 29, 1964) to Oxidizing Materials; Definition and (See § 74.532 and § 77.838 of this chapter read as follows: Preparation for loading requirements.) * * * * * § 73.100 Definition o f class C explosives. In § 73.154 add paragraph (a) (14) (29 In § 73.239a amend paragraph (a) (2) * * * * * F.R. 18710, Dec. 29, 1964) to read as (30 F.R. 5745, Apr. 23, 1965) to read follows: (b) Small arms ammunition is fixed as follows: ammunition consisting of a metallic, § 73.154 Flammable solids and oxidiz­ plastic composition, or paper cartridge § 73.239a Ammonium perchlorate. ing materials not specifically pro­ case, a primer, and a propelling charge, vided for. • (a) * * * with or without bullet, projectile, shot, (2) Spec. 53 (§ 78.247 of this chap­ (a) * * * tear gas material, tracer components, or ter). Aluminum portable tanks. (See incendiary compositions, or mixtures, (14) Spec. 12B (§ 78.205 of this chap­ §§ 74.534 and 77.834(g) of this chapter but not including projectiles loaded with ter) . Fiberboard boxes with inside poly­ for loading and staying requirements.) high explosives or incendiary composi­ ethylene bottles not over 1-gallon capac­ tions, and is further limited to the fol­ ity each. Not more than four 1-gallon Subpart E— Acids and Other Corro­ lowing: polyethylene bottles shall be packed in sive Liquids; Definition and Prep­ * * * * * one outside fiberboard box. Authorized aration only for materials which will not cause (2) Ammunition of caliber less than decomposition of polyethylene or con­ In § 73.245 amend paragraph (a) (24) ; 0.80 inch (20.32 millimeters) with solid, tainer failure. add paragraph (a) (26) (29 F.R. 18726, inert, or empty projectiles (with or with­ Dec. 29, 1964) to read as follows: out tracers) , designed to be fired froin In § 73.157 cancel paragraph (a) (2) machine guns or cannons. (See § 73.53 (29 F.R. 18710, Dec. 29, 1964) as follows: § 73.245 Acids or other corrosive liquids (q) for small arms ammunition assem­ not specifically provided for. bled with explosive projectiles or in­ § 73.157 Benzoyl peroxide, chloroben- (a) * * * zoyl peroxide (para), cyclohexanone cendiary projectiles classed as class A (24) Spec. 21P (§ 78.225 of this chap­ explosives.) peroxide, dimethylhexane dihydro­ peroxide, lauroyl peroxide, or suc­ ter). Fiber drum overpack with inside * * * * * cinic acid peroxide, wet. spec. 2S, 2SL, or 2U (§§ 78.35, 78.35a, or 78.24 of this chapter) polyethylene con­ Subpart C— Flammable Liquids; (a) * * * tainer. Definition and Preparation (2) [Canceled] * * * * * ***** In § 73.119 amend paragraph (b) (9) (26) Spec. 34 (§ 78.19 of this chapter). (29 F.R. 18703, Dec. 29, 1964) to read as Polyethylene container without over­ follows: 2 (No change in Footnote 2.) pack, not over 30-gallon capacity.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3411

In § 73.248 amend paragraphs (a) (4), In § 73.266 amend paragraphs (a) (2) (6) Spec. 34 (§ 78.19 of this chapter). (a) (5) (29 F.R. 18727, Dec. 29, 1964) to (b) (3); add paragraph (b) (7) (29 F.R. Polyethylene container without over­ read as follows: 18734, Dec. 29, 1964) to read as follows: pack, not over 39-gallons capacity. § 73.248 Aeid sludge, sludge acid, spent § 73.266 Hydrogen peroxide solution in ***** sulfuric acid, or spent mixed acid, water. In § 73.277 add paragraph (a) (6) (29 (a) * * * (a) * * * F.R. 18739, Dec. 29, 1964) to read as (4) Spec. 103A,1 103A-W, 111A100-F- (2) Spec. 42D (§ 78.109 of this chap­ follows: 2, or 111A100-W-2 (§§ 79.200 and 79.201 ter). Aluminum drums with vented § 73.277 Hypochlorite solutions. of this chapter). Tank cars, provided closure in top head; not over 30 gallons (а) * * * the product is sufficiently liquid to be un­ capacity; side openings not permitted. (б) Spec. 34 (§ 78.19 of this chapter). loaded through the dome or manway. Top head must be plainly marked “Keep Polyethylene container without over­ Tanks which do not contain products this end up” or “Keep plug up to prevent pack, not over 30-gallons capacity. Au­ or contaminants that give off noxious or spillage.” thorized for not over 16 percent sodium flammable vapors may be equipped with (b) * * * hypochlorite solution only. safety vents incorporating lead discs hav­ (3) Spec. 42D (§ 78.109 of this chap­ ing a Vs-inch breather hole in the center ter) . Aluminum drums with vented * * * * * thereof. closure in top head; not over 55 gallons Subpart F— Compressed Gases; (5) Spec. 103,1 103-W, 111A60-F-1, or capacity. Top heads must be plainly Definition and Preparation 111A60-W-1 (§§ 79.200 and 79.201 of this marked “Keep this end up” or “Keep chapter). Tank cars, provided the prod­ plug up to prevent spillage.” In § 73.301 add paragraph (d) (5); in uct is too viscous to be unloaded through -—r* * * * * * paragraph (h) amend Table only to ex­ the dome or manway. Tanks which do tent of adding “2Q” in the first column not contain products or contaminants (7) Spec. 21P (§ 78.225 of this chap­immediately following “ICC-2P” (29 that give off noxious or flammable va­ ter). Fiber drum overpack with inside F.R. 18743,18744, Dec. 29, 1964) to read pors may be equipped with safety vents spec. 2SL (§ 78.35a of this chapter) poly­ as follows: incorporating lead discs having a Ys- ethylene container, not over 30 gallons inch breather hole in the center thereof. capacity, or spec. 2U (§ 78.24 of this § 73.301 General requirements for ship­ ment o f compressed gases in cylin­ * * • * * chapter) polyethylene container, not over 15 gallons capacity. The closures ders. In § 73.256 amend paragraph (a) (5) of the inside 2SL and 2U container must * * ♦ * * (30 Fit. 7421, June 5, 1965) to read as be vented to prevent accumulation of in­ follows: (d ) * * * ternal pressure and the head with the (5) Manifolding is authorized for § 73.256 Compounds, cleaning, liquid. closure should be marked “Keep this end cargo tanks of the following gas provided (a) * * * up” or “Keep plug up to prevent spill­ individual cargo tanks aré equipped with (5) Spec. 6D or 21P (§ 78.102 or 78.225 age.” the safety relief valves and gauging de­ of this chapter). Cylindrical steel over­ * * * * * vices, as required by § 73.315 (h) and pack or fiber drum overpack with in­ In § 73.272 amend paragraph (f) (5); (i ); and further provided, that each side spec. 2U (§ 78.24 of this chapter) add paragraph (f) (6) (29 F.R. 18738, cargo tank is equipped with individual polyethylene container not over 15-gal­ Dec. 29, 1964) to read as follows: valve, or valves, which shall be tightly lon capacity. closed while in transit and that each § 73.272 Sulfuric acid. In § 73.263 amend the Heading and such c o n t a i n e r must be separately ***** charged: anhydrous ammonia. paragraph (a) (22); add paragraph (a) (■£) * * * (28) (29 Fit. 18731,18732, Dec. 29,1964) * * * * * to read as follows: (5) Spec. 2IP (§ 78.225 of this chap­ ter). Fiber drum overpack with inside In § 73.304 amend paragraph (a) (2) § 73.263 Hydrochloric (m uriatic) acid, spec. 2T or 2U (§ 78.21 or 78.24 of this Table; amend paragraph (d) (3) (i) (29 hydrochloric (muriatic) acid mix­ chapter) polyethylene container not F.R. 18746, Dec. 29, 1964) (30 F.R. 5747, tures, hydrochloric (m uriatic) acid over 15-gallons capacity each. Apr. 23, 1964) to read as follows: solution, inhibited, sodium chlorite solution (not exceeding 42 percent 8odium chlorite), and cleaning com­ M a x im u m Containers marked as shown in this column or of the pounds, liquid, containing hydro­ p erm itted same type with higher service pressure must be used chloric (muriatic) acid. K in d o f gas fillin g except as provided in § 73.34(a), (b), § 73.301(J) (see d en sity notes following table) (a) * * • (see Nóte 1) (22) Spec. 21P (§ 78.225 of this chap­ ter), Fiber drum overpack with inside Change Percent 65...... ICC-3A1800; ICC-3AA1800; ICC-3AX1800; IC C- $Pec 2T, 2S, 2SL, or 2U (§§ 78.21, 78.35, 3AAX1800; ICC-3; ICC-3E1800. 78.35a, or 78.24 of this chapter) poly­ 115...... ICC-3A300; ICC-3AA300; ICC-3B300; ICC-4A3Q0; ethylene container. ICC-4B300; ICC-4BA300; ICC-3E1800. • • • * * • * 24 (§ 78.19 of this chapter polyethylene container without ovei P«ck, not over 30-gallon capacity. (d) * * * In § 73.306 amend paragraphs (a) and ( 3) * * * (b) (29 F.R. 18747, 18748, Dec. 29, 1964) * * * * * (i) Spec. 3,1 3A, 3AA, 3B, 3E, 4A, 4B, to read as follows: amend Paragraph (d )(I 4BA, 4B240ET, 4BW240, 4B240X,1 (see § 73.306 Exemptions from compliance Appendix A -l to subpart C of Part 78 of S foUows:8’ 34’ ^ 29’ 1984) *» with regulations for shipping com­ this chapter), 4B240FLW, 4E, 4, 9, 25,1 pressed gas. § 73.265 Hydrofluosilicic acid. 26,1 38,1 or 41 (§§ 78.36, 78.37, 78.38, 78.42, 78.49, 78.50, 78.51, 78.55, 78.61, 78.54, (a) General exemptions. # Compressed * * * * (d) * * * 78.68, 78.48, 78.63, or 78.67 of this chap­ gases, except poisonous gases as defined ter) . Cylinders authorized under § 73.34 by § 73.326(a) and except those for which ter)5> l 1P (5 78 225 of this chai (a ) and § 73.301 (j) may be used. no exemptions are provided as indicated 2S t * « drum with inside spec. /2! by the “No exemption” statement in <*» 78.35, 78.35», or 7 0 4 , § 72.5 of this chapter, when in accord­ 0 « chapter) polyethylene container. * (No change in Footnote 1.) ance with one of the following subpara-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3412 PROPOSED RULE MAKING

graphs are, unless otherwise provided, provided all the following conditions are not exceeding 50 cubic inches (27.7 fluid exempt from specification packaging, met: ounces) packaged and tested in accordance marking, and labeling requirements, ex­ (i) Capacity not to exceed 50 cubic with subparagraph (b)(2) of this section cept that marking name of contents on shall be packaged in outside containers inches (27.7 fluid ounces). See Note 1. marked with the name of contents and outside container is required for ship­ (ii) Pressure in the container not to labeled as prescribed in §§ 73.401 and 73.402, ments via carrier by water. Shipments exceed 125 p.s.i.g. at 130° F. respectively. Each outside shipping con­ for transportation by highway carriers (iii) The metal container must be ca­ tainer shall also be plainly marked, “Inside are exempt also from Part 77 of this pable of withstanding without bursting containers comply with prescribed specifica­ chapter, except § 77.317, and Part 197 a pressure of two times the pressure of tions.” of this chapter. the content at 70° F. or one and one-half (3) Cream in refillable metal contain­ (1) When in containers of not more times the pressure of the content at 130° ers with soluble or emulsified compressed than 4 fluid ounces water capacity (7.22 F., whichever is greater. gas. Containers shall be of such design cubic inches or less). N ote 1: Compressed gases contained in that they will hold pressure without per­ (2) When in metal containers filled nonrefillable inside metal containers exceed­ manent deformation up to 375 p.s.i.g. and with nondangerous material to not over ing 35 cubic inches (19.3 fluid ounces) but not exceeding 50 cubic inches (27.7 fluid shall be equipped with a device designed 90 percent capacity at 70° P. then so as to release pressure without burst­ charged with nonflammable, nonlique- ounces) packaged and tested in accordance with subparagraph (a) (4) of this section ing of the container or dangerous projec­ fied gas; each container must be tested shall be packaged in outside containers tion of its parts at higher pressures. This to three times the gas pressure at 70° F., marked with the name of contents and lab­ exemption applies to shipments offered and, when refilled, each container must eled as prescribed in §§73.401 and 73.402, for transportation by refrigerated motor be retested to 3 times the gas pressure at respectively. Each outside shipping con­ vehicles only. tainer shall also be plainly marked, “Inside 70° F. provided one of the following con­ (4) Inside nonrefillable metal contain­ ditions is met: containers comply with prescribed specifica­ tions.” ers charged with a solution containing (i) Container is not over 1 quart ca- biological products or a medical prepara­ capacity charged to not over 75 p.s.i.g. at (b) Exemptions for foodstuffs, soap, tion which will be deteriorated by heat, 70° F. cosmetics, beverages, biologicals, elec­ and compressed gas or gases, which is (ii) Container is not over 30 gallons tronic tubes and audible fire alarm sys­ nonpoisonous and nonflammable, and of capacity charged to not over 75 p.s.i.g. at tems. Compressed gases, except poison­ capacity not to exceed 35 cubic inches 70° F. ous gases as defined by § 73.326(a) and (19.3 fluid ounces). Pressure in the con­ (3) When in inside nonrefillable metal except those for which no exemptions are tainer not to exceed 140 p.s.i.g., at 130° F., containers charged with a solution of provided as indicated by the “No exemp­ and the liquid content of the product and materials and compressed gas or gases tion” statement in § 72.5 of this chapter, gas must not completely fill the contain­ which is nonpoisonous, provided all of when in accordance with one of the fol­ ers at 130° F. One completed container the following conditions are met: lowing subparagraphs are, unless other­ out of each lot of 500 or less, filled for (i) Capacity must not exceed 50 cubic wise provided, exempt from specification shipment, must be heated, until the inches (27.7 fluid ounces). See Note 1. packaging, marking and labeling re­ pressure in the container is equivalent to (ii) Pressure in the container must quirements, except that marking name of the equilibrium pressure of the content not exceed 180 p.s.i.g. at 130° F. If the contents on outside container is required at 130° F., without evidence of leakage, pressure exceeds 140 p.s.i.g. at 130° F., for shipments via carrier by water. Ship­ distortion, or other defect. but does not exceed 160 p.s.i.g. at 130° ments for transportation by highway — (5) Electronic tubes of not more than F., a specification ICC 2P inside metal carriers are exempt also from Part 77 30 cubic-inch volume charged with gas to container must be used; if the pressure of this chapter, except § 77.817, and Part a pressure of not more than 35 p.s.i.g. exceeds 160 p.s.i.g. at 130° F., a specifi­ 197 of this chapter. (6) Inside metal containers of a capac­ cation ICC 2Q inside metal container (1) Carbonated beverages. ity not to exceed 35 cubic inches (19.3 must be used. In any event, the metal (2) Foodstuffs or soaps in nonrefill­ fluid ounces), charged with nonflam­ container must be capable of withstand­ able metal containers not exceeding 50 mable, nonpoisonous liquefied com­ ing without bursting a pressure of one cubic inch capacity (27.7 fluid ounces) pressed gas to be used in conjunction and one-half times the equilibrium pres­ (see Note 1), with soluble or emulsified with audible fire alarm systems. Pres­ sure of the content at 130° F. compressed gas, provided the pressure in sure in the container must not exceed 70° (iii) Liquid content of the material the container does not exceed 140 p.s.i.g. p.s.i.g. at 70° F. The completely assem­ and gas must not completely fill the con­ at 130° F. The metal container must be bled container must be capable of with­ tainer at 130° F. capable of withstanding without burst­ standing without bursting a pressure of (iv) If any content is flammable as ing a pressure of one and one-half times 1,000 p.s.i.g. The liquid portion of the provided in §73.115 or 73.300(b) (2), the equilibrium pressure of the content gas must not completely fill the container (3), and (4), the flash point must not at 130° F. s at 130° F. be less than 20° F. * * * * * (v) Each completed container filled N ote 1: Compressed gases contained in for shipment must have been heated un­ nonrefillable inside metal containers exceed­ In § 73.314 amend paragraph (c) Table ing 35 cubic inches (19.3 fluid ounces) but til the pressure in the container is equiv­ (30 F.R. 7422, June 5, 1965) as follows: alent to the equilibrium pressure of the content at 130° F. without evidence of M a x im u m p e rm itte d leakage, distortion, or other defect. Kind of gas fillin g Required tank car, see § 73.31 (a) (2) and (3) d en sity, N ote 1: Compressed gases contained in N o t e 1 nonrefillable inside metal containers exceed­ ing 35 cubic inches (19.3 fluid ounces) but Change Percent not exceeding 50 cubic inches (27.7 fluid Vinyl chloride; Note 9 ...... 84 IC C-106A500-X, Note 7. ounces) packaged and tested in accordance 87...... ICC-105A200-W, Notes 4 and 16. with subparagraph (a)(3) of this section 86...... ICC-112A340-W, Note 4. * « ♦ shall be packaged in outside containers * * * • * • marked with the name of contents and la­ beled as prescribed in §§73.401 and 73.402, * * * * respectively. Each outside shipping con­ tainer shall also be plainly marked, “Inside In §73,315 add paragraph (b)(1); (1) Odorization. All liquefied petrole­ containers comply with prescribed specifica­ amend paragraph (k) (29 F.R. 18751, um gas shall be effectively odorized as tions.” 18753, Dec. 29, 1964) to read as follows: required in Note 2 of this paragraph to (4) When in inside nonrefillable metal § 73.315 Compressed gases in c a r g o indicate positively, by a distinctive odor, containers charged with a solution of tanks and portable tank containers. the presence of gas down to a concen­ nonpoisonous and nonflammable mate­ * * * * * tration in air of not over one-fifth the rials and nonliquefied compressed gas, (b) * * * lower limit of combustibility.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3413

Note 1: The lower limits of combustibility tank car does not provide sufficient out-, § 74.538 Loading and storage chart o f of the more commonly used liquefied petro­ age, then vacant space must be left in explosives and other dangerous ar­ leum gases are: Propane, 2.15 percent: B u­ the shell to make up the required outage, ticles. tane, 1.55 percent. These figures represent volumetric percentages of gas-air mixtures (iv) The outage for tank cars must (a) * * * in each case. not be less than one percent. (14) spec. MC 300, MC 301 \ MC 302, e. Ammunition for cannon with explosive Note. 2: The use of 1.0 pound of ethyl projectiles, gas projectiles, smoke projectiles, mercaptan, 1.0 pound of thiophane, or 1.4 MC 303, MC 305, MC 310 or MC 311 incendiary projectiles, illuminating projec­ pounds of amyl mercaptan per 10,000 gallons (§ 78.321, 78.323, 78.324, 78.326, 78.330, or tiles or shell; ammunition for small arms of liquefied petroleum gas shall be con­ 78.331 of this chapter). Tank motor with incendiary projectiles; ammunition for- sidered sufficient to meet the requirements vehicles. small arms with explosive projectiles; rocket of S 73.315(b)(1). (This note does not ex­ (i) No cargo tank or compartmentammunition with explosive projectiles, gas clude the use of any other odorant in suf­ projectiles, smoke projectiles, incendiary ficient quantity to meet the requirements thereof shall be completely filled; suffi­ cient space shall be left vacant in every projectiles, illuminating projectiles; boosters of 5 73.315(b)(1).) (explosive); bursters (explosive); and sup­ * * * * * case to prevent leakage from or distor­ plementary charges (explosive) without tion of any such cargo tank by expansion (k> For manifolding of cargo tank detonators c> a. of the contents due to rise in temperature ***** containers see § 73.301 (d ). in transit, and such free space (outage) Subpart G— Poisonous Articles; shall be sufficient in every case so that Definition and Preparation such cargo tank shall not become entirely PART 77— SHIPMENTS MADE BY WAY filled with the commodity at 130° F. In § 73.334 amend the introductory OF COMMON, CONTRACT, OR PRI­ text of paragraphs (a ), and (a )(1 ) (29 * * * * * VATE CARRIERS BY PUBLIC FH. 18755, Dec. 29, 1964) to read as In § 73.370 amend paragraph (a) (12) HIGHWAY follows: (29 F.R, 18763, Dec. 29, 1964) to read as follows: Subpart C— Loading and Storage § 73.334 Hexaethyl tetraphosphate, pa- Chart of Explosives and Other Dan-? rathion, tetraethyl dithio pyrophos­ § 73.370 Cyanides, or cyanide mixtures, phate, tetraethyl pyrophosphate, or except cyanide of calcium and mix­ gerous Articles other class B poison organic phos­ tures thereof. In §77.848 paragraph (a) Chart, phate mixtures, n.o.s., mixed with (a) * * * amend item “e” in vertical and horizon­ compressed gas. (12) Spec. 12B (§ 78.205 of this chap­ tal columns (29 F.R. 18805, Dec. 29,1964) (a) Hexaethyl tetraphosphate, para- ter). Fiberboard boxes constructed of to read as follows: thion, tetraethyl dithio pyrophosphate, at least 275-pound test double-faced § 77.848 Loading and storage chart of tetraethyl pyrophosphate, or other class fiberboard and provided with a perimeter B poison organic phosphate mixtures, explosives and other dangerous ar­ liner and bottom pad of at least 200- ticles. n.o.s., mixed with compressed gas, con­ pound test fiberboard. Boxes con­ taining not more than 20 percent by structed of at least 350-pound fiberboard (a) * * * weight of hexaethyl tetraphosphate, having top and bottom pads shall not re­ parathion, tetraethyl dithio pyrophos­ e. Ammunition for cannon with explosive quire perimeter liner. Products must be projectiles, gas projectiles, smoke projectiles, phate, tetraethyl pyrophosphate, or contained within a tightly closed poly­ incendiary projectiles, illuminating projec­ other class B poison organic phosphate ethylene or other equally efficient plastic tiles or shell; ammunition for small arms mixtures, n.o.s., must be packed in speci­ container constructed of material having with incendiary projectiles; ammunition for fication containers as follows: minimum thickness of 0.004 inch. Not small arms with explosive projectiles; rocket (1) Spec. 3A300, 3AA300, 3B300, 4A300, more than 25 pounds net weight of prod­ ammunition with explosive projectiles, gas projectiles, smoke projectiles, incendiary 4B240, or 4BA240 (§§ 78.36, 78.37, 78.38, uct may be packed in one outside box. 78.49, 78.50, and 78.51 of this chapter). projectiles, illuminating projectiles; boosters * * * * *■ Metal cylinders, charged with not more (explosive); bursters (explosive); and sup­ plementary charges (explosive) without det­ than 10 pounds of the mixture and to a onators •>a. maximum filling density of 80 percent pa r t 74— CARRIERS BY RAIL ***** of the water capacity. Cylinders must FREIGHT not be equipped with eduction tubes or Subpart A— Loading, U n lo ad in g , fusible plugs. Valves must be of a type PART 78— SHIPPING CONTAINER Placarding and H andling Cars; approved by the Bureau of Explosives. SPECIFICATIONS * * * * * Loading Packages Into Cars In § 73.369 amend paragraphs (a) (13) In § 74.527 amend paragraph (a) (29 In Part 78 Index, add §§ 78.19, 78.33a, (a) (14), without changing footnote 1, F.R. 18777, Dec. 29, 1964) to read as fol­ 78.61, 78.225, 78.241; amend § 78.33 and (29 F.R. 18763, Dec. 29, 1964) to read as lows: . Subpart G (29 F.R. 18812,18813, Dec. 29, follows: 1964) to read as follows: § 74.527 Forbidden mixed loading and § 73.369 Carbolic acid (phenol), not storage. 78.19 Specification 34; reusable molded liquid. polyethylene container for use (a ) Explosives class A and initiating (a) • * * without overpack. or priming explosives must not be trans­ 78.33 Specification 2P; inside nonrefillable U3) Spec. 103 \ 103-W, 103AL-W, ported together in the same rail car. metal containers. 103A , 103A-W , 103A-AL-W, 111A60AL- Additionally, they must not be trans­ 78.33a Specification 2Q; inside nonrefillable W, 111A-60-F-1, 111A60-W-1, 111A100- ported, loaded or stored on carrier prop­ metal containers. f~2’ 111A-100-W—2 or 111A100-W-3 erty with charged electric storage bat­ 78.61 Specification 4BW; welded steel cyl­ (§§79.200, 79.201 of this chapter). teries or with any other dangerous arti­ inders made of definitely pre­ Tank cars. scribed steels with electric-arc cle for which red, yellow, green, white welded longitudinal seam. -J P Tank cars must not be entirely (acid or corrosive liquid) or radioactive 78.225 Specification 2 IP; fiber drum over­ nuea. Sufficient interior space must be material labels are prescribed in these pack for inside plastic container. 22; Prevent leakage from or regulations. 78.241 Specification 44P; all-plastic bags. distortion due to the contents liquefying ***** ana expanding from increase of tempera­ Subpart G— Specifications for Bags, Cloth, Burlap, ture during transit. Subpart B— Loading and Storage Paper or Plastic Solid phenol must not be loaded Chart of Explosives and Other Dan­ Subpart A— Specifications for Car­ Ulto domes of tank cars. gerous Articles boys, Jugs in Tubs, and Rubber *'an^ unrs, outage must be cal- In § 74.538 paragraph (a) Chart, Drums percentage of the total capac- amend item “e” in vertical and horizon­ „,7 ., the tank; i.e., shell and dome tal columns (29 F.R. 18780, Dec. 29,1964) Add § 78.19 (29 F.R. 18823, Dec. 29, Pacity combined. Zf the dome of the to read as follows: 1964) to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3414 PROPOSED RULE MAKfNG

§ 78.19 Specification 34; reusable mold­ example, ICC-34-5). These marks shall more than one inch. Compression shall ed polyethylene container for use be understood to certify that the con­ be applied to the.load bearing areas of without overpack. Removable head tainer complies with all specification re­ the top of the container for a period of not authorized. quirements. not less than 48 hours. § 78.19—1 Compliance'. (2) Month and year of manufacture; Marked (rated) Compression name of maker or maker’s symbol (sym­ (a) Required in all details. capacity (gallons) test (pounds) bol, if used, must be registered with the 2 y2 thru 61/2______600 § 78.19-2 Material. Bureau of Explosives). For example, 15 ______1,200 ICC-34-5-6/65 to indicate a container of 30 ------1,800 (a) Containers shall be made'of poly­ 5 gallons capacity made in June 1965. ethylene which shall have the following (d) Records of test results to be main­ properties, as determined by the Ameri­ § 78.19-7 Tests. tained in current status and retained by can Society for Testing Materials each manufacturer at each producing (ASTM ) methods designated. Tests (a) At least three samples taken at plant. random, filled and prepared as specified shall be performed on resin with addi­ In~§ 78.33 amend the Heading; in and closed as for use, shall be capable of tives included: §78.33-2 amend paragraph (b ); in withstanding the tests in subparagraphs § 78.33-6 amend paragraphs (b) (2), (c)§ (1), (2), and (3) of this paragraph with­ in § 78.33-7 amend paragraph (a ); in Property Specification A S T M m eth od out leakage. These tests shall be per­ § 78.33-8 amend paragraphs (a) and (b), formed at the start of initial production cancel paragraph ( c ) ; in § 78.33-9 amend M e lt in d ex______D 1238 (62T). and at 4-month intervals and shall be 5 5 63T )D n s ity ran ge_____ 0.941-0.965...... D 1505 (6 3 T ).De paragraph (a) (29 F.R. 18825, Dec. 29, T e n s ile stren gth .^. 3,000 p.s.i. m in i- D 638 (61T). repeated on any change of type, size, ma­ 1964) to read as follows: m u m . terials, or process method. No single P ercen t elonga­ 75 percen t m in i­ D 638 (61T). § 78.33 Specification 2P; inside non- container shall be expected to withstand tion . m u m . refillable metal containers. more than one of the following tests: (1) The container filled to 98 percent * * * * * (b) Ultraviolet light protection shall capacity with water shall be dropped be provided by impregnation of poly­ § 78.33—2 Type and size. from a height of 4 feet onto solid con­ ethylene with carbon black or other * * * * * crete so as to drop diagonally on top edge equally efficient pigments or inhibitors. or any part constructed to a lesser (b) The maximum capacity of con­ These additives must be compatible with strength. tainers in this class shall not exceed lading and must retain their effective­ (2) The container filled to 98 percent 50 cubic inches (27.7 fluid ounces). The ness for the life of the container. capacity with a solution compatible with maximum inside diameter shall not ex­ (c) Other materials may be added polyethylene and which remains liquid ceed 3 inches. provided they do not adversely affect the at 0° F. shall be dropped from a height of ***** physical properties specified in para­ 4 feet onto solid concrete on any part of graph (a) of this section or the perform­ § 78.33—6 Manufacture. the container when container and con­ ance specified in § 78.19-7. tents are at or slightly below 0° F. Filled * * * * > * § 78.19—3 Construction and capacity. container shall be stored at 0° F. or lower (b) * * * (a) Container must be constructed in temperature for at least 4 hours imme­ (2) Side seams. By welding, brazing, accordance with the following table: diately preceding test. or soldering. (3) The container shall be tested by (c) Ends. The ends shall be of pres­ Minimum retaining for 5 minutes hydrostatic pres-- sure design. thickness sure of at least 15 pounds per square inch Marked (inches) § 78.33—7 W all thickness. {rated) measured at equilibrium without showing pressure capacity on any drop or evidence of leakage. (a) The minimum wall thickness for not over point of (b) At least three containers taken at any container shall be 0.007 inch. (gallons)1 container random from each continuous production 2% thru 6i/2 ____0.045 lot of no more than 1,000 containers of § 78.33—8 Tests. 15 ______. 075 each given type and size shall withstand 3 0 ______. 125 without leakage or failure the test pre­ (a) One out of each lot of 25,000 con­ 1 Minimum actual capacity shall not be scribed in § 78.19-7 (a) (2). tainers or less, successively produced per less than rated capacity plus 4 percent. (c) At least three containers of each day shall be pressure tested to destruc­ Maximum actual capacity shall not be great­ size and type taken at random at start tion and must not burst below 240 pounds er than rated capacity plus 15 percent for of initial production, and upon any per square inch gauge pressure. The containers up to 15 gallons and shall not be charige in materials, design, or process container tested shall be complete with greater than rated capacity plus 10 percent valve. for containers 15 gallons and over. method shall withstand without failure or leakage the following tests. No single (b) Each such 25,000 containers or § 78.19—4 Closure. container shall be expected to withstand less, successively produced per day, shall constitute a lot and if the test container (a) Openings shall not exceed 2.7 more than one test: shall fail, the lot shall be rejected or ten inches in diameter. (1) The container filled to 98 percent additional containers may be selected at (b) Closures shall be of material re­ of capacity with water shall be capable random and subjected to the test under sistant to lading and adequate to pre­ of withstanding a vibration test by plac­ vent leakage under tests prescribed in ing the container on the vibration table which failure occurred. These contain­ ers shall be complete with valves. § 78.19-7 and under conditions incident anchored in such manner that all hori­ to transportation. zontal motion shall be restricted and Should any of the ten containers thus (c) Vented closures where specified in only vertical motion allowed. The test tested fail, the entire lot must be -re­ Part 73 of this chapter are authorized. shall be performed for one hour using an jected. All containers constituting a amplitude of one inch at a frequency lot shall be of like material, size, design, § 78.19—5 Defective containers. that causes the test container to be construction, finish, and quality. (a) Containers with repaired bodies raised from the floor of the table to such (c) [Canceled] a degree that a piece of paper or flat not authorized. § 78.33—9 Marking. steel strap or tape can be passed between § 78.19—6 Marking. the table and the container. (a) On each container by printing, (a) Each container must be perma­ (2) The container filled to 98 percent lithographing, embossing, or stamping nently marked by embossment in letters capacity with water shall withstand the “ICC 2P” and manufacturer’s name or and figures at least % inch in size as following static compression test with­ symbol. If symbol is used, it must be follows: out buckling of the side walls sufficient registered with the Bureau of Explosives. (1) ICC-34**; stars to be replaced by to cause damage, but in no case shall the Add § 78.33a (29 F.R. 18825, Dec. 29, the rated capacity of the container (for maximum top to bottom deflection be 1964) to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3415

§ 78.33a Specification 2Q, inside non- § 78.33a—9 Marking. § 78.37 Specification 3A A ; s e a m le s s refillable metal containers. steel cylinders made of definitely pre­ (a) On each container by printing, scribed steels or 3AAX; seamless steel § 78.33a—1 Compliance. lithographing, embossing, or stamping cylinders made of definitely pre­ (a) Required in all details. “ICC 2Q” and manufacturer’s name or scribed steels o f capacity over 1,000 pounds water volume. § 78.33a-2 Type and size. symbol. If symbol is used, it must be § 78.37—5 Authorized steel. (a) Single-trip inside containers. registered with the Bureau of Explosives. Must be seamless, or with seams welded, Subpart C— Specifications for (a) * * * soldered, brazed, double seamed, or Note 1: A heat of steel made under the swedged. Cylinders above specifications, check chemical analy­ (b) The maximum capacity of con­ sis of which Is slightly out of the specified tainers in this class shall not exceed 50 In § 78.37-5 amend Note 1 to para­ range, Is acceptable, If satisfactory in all cubic inches (27.7 fluid ounces). The graph (a) Table (29 F.R. 18844, Dec. 29, other respects, provided the tolerances shown maximum inside diameter shall not ex­ 1964) to read as follows: in the following table are not exceeded. ceed 3 inches. § 78.33a—3 Inspection. Check Analysis T olerances (a) By competent inspector. Tolerance (percent) over the § 78.33a—4 Duties o f inspector. maximum lim it or under the Lim it or maximum specified minimum limit (a) To inspect material and com­ E lem en t (p ercen t) pleted containers and witness tests, and U n d e r m in i­ O v e r m axi­ to reject defective materials or contain­ m u m lim it m u m lim it ers. 0.02 a 03 § 78.33a—5 Material. .03 .04 T o 0.60 in c l______.03 .03 (a) Uniform quality steel plate such .04 .04 as black plate, electrotinplate, hot .05 .05 dipped tinplate, template or other com­ .01 _____ doJI______.01 mercially accepted can making plate; .02 .03 or nonferrous metal of uniform drawing .05 .05 .03 .03 quality. .03 .03 (b) Material with seams, cracks, .05 .05 T o 0.20 in c l______.01 .01 laminations or other injurious defects .02 .02 not authorized. .01 .05 § 78.33a—6 Manufacture. i Rephosphprized steels not subjeet to check analysis lor phosphorus. (N o change in Note 2.) (a) By appliances and methods that will assure uniformity of completed con­ In § 78.44-5 amend Note 1 to para­ § 78.44-5 Authorized steel. tainers; dirt and scale to be removed as necessary; no defect acceptable that is graph (a) Table (29 F.R. 18844, Dec. 29, (a) * * * 1964) to read as follows: likely to weaken the finished container N ote 1: A heat of steel made under the appreciably; reasonably smooth and uni­ § 78.44 Specification 3H T; inside con­ above specifications, check chemical analysis form surface finish required. of which is slightly out of the specified range, tainers, seamless steel cylinders for (b) Seams when used must be as fol­ is acceptable, If satisfactory In all other re­ lows: aircraft use made of definitely pre­ spects, provided the tolerances shown in the (1) Circumferential seams. By weld­ scribed steel. following table are not exceeded. ing, swedging, brazing, soldering, or dou­ ble seaming. Check Analysis T olerances (2) Side seams. By welding, brazing or soldering. Tolerance (percent) over the (c) Ends. The ends shall be of pres­ maximum lim it or under the sure design. L im it o r m a x im u m specified minimum limit E lem en t (p ercen t) § 78.33a—7 W all thickness. Under mini­ O v e r m axi­ (a) The minimum wall thickness for m u m lim it m u m lim it any container shall be 0.008 inch. § 78.33a—8 Tests. T o 0.15 in c l______0.02 0.03 .03 .04 (a) One out of each lot of 25,000 con­ T o 0.60 in c l______.03 .03 .04 .04 tainers or less, successively produced .05 .05 Per day, shall be pressure tested to de­ .01 d o .I— ______- ______.01 struction and must not burst below 270 .0 2 .03 Pounds per square inch gauge pressure. n ™ - n an tn i nn inni .05 .05 The container tested shall be complete T o 1.00 incl______-______.03 .03 T o 0.90 in d ______.03 .03 with valve. .05 .05 (b) Each such 25,000 containers or T o 0.20 in cl______.01 .01 .0 2 .0 2 less, successively produced per day, shall A l l ranges______- .0 1 .05 constitute a lot and if the test container snail fail, the lot shall be rejected or 1 Rephosphorized steels not subject to check analysis for phosphorus. (N o change in N ote 2.) ten additional containers may be selected ,rand°m and subjected to the test In § 78.47-5 add Note 1 to paragraph § 78.47-5 Steel. under which failure occurred. These (a) Table (29 FJt. 18847, Dec. 29, 1964) (a) * * * J?1*®~?ers shall be complete with valves. f a^y °f the ten containers thus to read as follows: N ote 1: A heat of steel made under the above specifications, check chemical analy­ » a faf}* entire lot must be re- § 78.47 Specification 4DS; inside con­ sis of which Is slightly out of the specified ihoii k Ah containers constituting a lot range, is acceptable, If satisfactory In all cnnof like material, size, design, tainers, welded stainless steel for air­ other respects, provided the tolerances shown construction, finish and quality. craft use. in the following table are not exceeded.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3416 3416 Check Analysis T olerances Check Analysis T olerances

Tolerance (percent) over the Tolerance (percent) over the maximum lim it or under the maximum limit or under the Lim it or maximum specified m in im u m lim it L im it or m a x im u m specified minimum limit E lem en t (percen t) E lem en t (percen t) U n d er m in i­ O ver m axi­ U n d er m in i­ O v e r m axi­ m u m lim it m u m lim it m u m lim it m u m lim it

0.02 0.03 0.02 0.03 T o 0.15 i n c l ...... — T o 0.15 in c l...... : ...... 03 .04 .03 .04 O ver 0.15 to 0.40 in c l...... O v e r 015 to 0.40 in c l...... 03 .03 .03 .03 T o 0.60 in d _____ - ______T o 0.60 in c l------.04 .04 .04 .04 O v e r 0.60 to 1.15 i n d ...... O v e r 1.15 to 2.50 in c l------.05 .05 .05 .05 .0 1 TT1 r, Innt-TTffll .01 .0 1 .0 1 .0 2 .03 .0 2 .03 T o 0.30 in c l...... — ...... — _____ ---- T o 0.30 i n c l - , . . . ------.05 .05 .05 .05 O v e r 0.30 to 1.00 in d ...... 03 .03 .03 .03 T o 1.00 in d ______.03 .03 .03 .03 To 0.90inclfc...... — ...... T o 0.90 i n c l - . . — ------.05 .05 .05 .05 Over 0.90to 2.10in cl.., ...... —- .01 .0 1 .01 .01 .0 2 .0 2 .0 2 .0 2 O v e r 0.20 to 0.40 in d ...... 0 1 .05 m nminm .01 .05

i Rephosphorized steels not subject to check analysis for phosphorus. i Rephosphorized steels not subject to check analysis for phosphorus. § 78.56—20 Authorized steel. In § 78.51-20 amend Footnote 1 to § 78.51—20 Authorized steel. In § 78.56-20 amend Footnote 1 to (a) * * *

paragraph (a) Table I (29 F.R. 18871, MAKING RULE PROPOSED paragraph (a) Table I (29 F.R. 18858, (a) * * * i A heat of steel made under the above Dec. 29,1964) to read as follows: i a heat of steel made under the above Dec. 29, 1964) to read as follows: specifications, check chemical analysis of specifications, check chemical analysis of which is slightly out of the specified range, § 78.56 Specification 4AA480; welded § 78.51 Specification 4B A ; welded or which is slightly out of the specified range, is acceptable, if satisfactory in all other brazed steel cylinders made of defi­ is acceptable, if satisfactory in all other steel cylinders made o f definitely respects, provided the tolerances shown in nitely prescribed steels. respects, provided the tolerances shown in prescribed steels. * the following table are not exceeded. the following table are not exceeded. Check Analysis T olerances Check Analysis T olerances

Tolerance (percent) over the Tolerance (percent) over the m a x im u m lim it or u nder the maximum limit or under the L im it or m a x im u m specified m in im u m lim it Lim it or maximum specified minimum limit E lem en t (percen t) E le m e n t (p e rc e n t) U n d e r m in i­ O v e r m axi­ U n d e r m in i­ O v e r m a x i­ m u m lim it m u m lim it m u m lim it m u m lim it

T o 0.15 in cl 0.02 0.03 0.03 ______T o 0.15 i n c l ...... — ------0 .02 .03 .04 .03 .04 O v e r 0.15'to 0.40 in c l...... T o 0.60 in c l------,------.03 .03 .03 .03 T o 0.60 in c l______.04 .04 .04 O v e r 0.60to 1.15 in c l...... — .04 .05 .05 O v e r 1.15 to 2.50 i n d ______— .05 .05 .0 1 .0 1 .0 1 .0 1 T o 0.30 in cl______.0 2 .03 T o 0.30 in c l______—- .0 2 . .03 .05 .05 .05 .05 O v e r 0.30 to 1.00 i n d ...... T o 1.00 in cl______.03 .03 .03 . .03 T o 1.00 in c l_____- ______T o 0.90 in cl______.03 .03 T o 0.90i n c l . . - - ...... 03 .0 3 .05 .05 O v e r 0.90 to 2.10 in c l...... — . 05 \ .05 .01 .01 .0 1 1 .0 1 .0 2 .0 2 .0 2 .0 2 O v e r 0.20 to 0.40____ - ...... A l l ranges______.01 .05 .0 1 .05 Z irc o n iu m ...... — ...... —— A l l ra n g e s...... - —

i Rephosphorized steels not subject to check analysis for phosphorus. (N o change in remaining footnotes.) i Rephosphorized steels not subject to check analysis for phosphorus. (N o change in remaining footnotes.) In § 78.53-5 add Note 1 to paragraph § 78.53-5 Steel. (a) * * * (a) • * * In § 78.57-21 add Note 1 to paragraph (a) Table (29 F.R. 18861, Dec. 29, 1964) (a) Table (29 F.R. 18874, Dec. 29, 1964) N ote. 1: A heat of steel made under the N ote 1: A heat of steel made under the to read as follows: above specifications, check chemical analysis to read as follows: above specifications, check chemical analysis of which is slightly out of the specified range, of which is slightly out of the specified range, § 78.53 Specification 4D ; inside con­ §78.57 Specification 4 L ; welded cylin­ is acceptable, if satisfactory in all other re­ is acceptable, if satisfactory in all other re­ ders insulated. tainers, welded steel for aircraft use. spects, provided the tolerances shown in the spects, provided the tolerances shown in the following table are not exceeded, § 78.57—21 Authorized steels. following table are not exceeded. FEDERAL REGISTER, VO L. 3 1 , N O . 43----FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3417

.04 .03 .04 .05 .0 1 .0 1 .03 ¿05 .03 .05 .0 1 .0 2 .05 0.03 That a O v e r m a x i­ m u m lim it .03 .03 .04 .05 .0 2 .05 .03.03 .05 .0 1 .0 2 .0 1 .03 0.02 Provided, m in im u m lim it m u mlim it Tolerance (percent) over the m a xim u m lim it or u nder th e Und,er m in i­ _____ ...... — - ______...... (b) Verify chemical analysis of each (c) Verifywith cylinders of compliance (a) Open hearth, electric or basic (d) Render complete report (§ 78.61- o l e r a n c e s T heat of materialheatofobtain­orby byanalysis certificate fromcertificate manufacturer the there­ data com­ indicate to of, givingsufficient when verified by check analyses of sam­ pliance with requirements is acceptable lot of 200 less. or oflot 200 form), and minimum thickness of wall ing certified analysis: ples takenples from one cylinder out of each specification specification requirements markings; : including condition of inside; tests; ples for all tests, analyses, and witness all check tests; chemical report volu­ 21) 21) to purchaser, cylinder maker, and § 78.61—5 Authorizedsteel. (bj of this section. (See footnote 1 of threads; heat treatment. Obtain sam­ metric capacity, tare weight (see report oxygen steel of uniform quality. The ized except as provided in paragraph noted. the Bureau of Explosives. following chemical analyses are author­ the following table.) (percen t)

______...... n a l y s is A Lim it or maximum specified h e c k T o0.60 in cl O v e r 0.60 to i1.15 n c l . . T o 0.30 in cl______T o 0.20 in cl C E lem en t cylinders made scribed withsteels oelectric-arc fwelded definitely pre­ longitudinalseam. sure. where. (a) Must be welded type with longitu­ (a) Requiredin alldetails. Add § 78.61 Add 78.61 (29 § F.R. Dec. 18884, 29, (a ) By competent inspector; chemical (a) Inspect all material and reject 1 Rephosphorized1 steels not subject to check analysis for phosphorus. (N o change in remaining footnotes.) 1964) read follows: to as 1964) 43— FRIDAY, MARCH 4, 1966 § 78.61—1 § 78.61—1 Compliance. § § 78.61 Specification 4 B W ; welded steel § 78.61—2 § 78.61—2 Type, size and service pres­ 1,000 1,000 pounds water capacity (nominal); dinal electric-arc welded seam not over 500 pounds persquare inch gauge.500 Cyl­ service pressure at least 225 andnot over pressure least at service 225 analyses and tests, as specified, to be authorized. § 78.61—3 Inspection by whom and inders closed in by spinning process not § 78.61—4 § 78.61—4 Dutiesof inspector. made within limits of the United States. Interested are inspectors authorized. any not complying with requirements of this specification.

.04 .01 .01 .0 2 .05 .03 .03 .03 .0 1 .04 .03 .04 .05 .01 .01 .03 .05 .03 .03 .05 .0 1 .0 2 .05 0.03 0.03 O v e rm axi­ m u mlim it O v e r m axi­ m u m lim it t t .03 .03.4)4 .03 .04 .05 .05 .01 .0 2 .b i .0 2 .05 .05 .05 .05 .03 .03 .03 .03 .04 .05 .0 2 .03 .03 .05 .01 .0 2 .01 .05 0.02 0.0 2 minimumlimit minimum limit Tolerance (percent) over the m u m lim it maximum lim it orunder the U n d er m in i­ m u m lim it Tolerance (percent) over the m a x im u m lim it o r u nder the Undermini­ ...... FEDERAL REGISTER, VOL. 31, heat of steel made under the .. A l : ...... _ ...... o l e r a n c e s . ______ote ______...... (a) * * * T (a) * * * olerances N 1A heat of steel made under the above ...... in n i... T § 78.58-5 Steel. above specifications, check chemical analysis ofwhich slightly is out of the specifiedrange, following table are notexceeded. is acceptable, if satisfactory in all other re­ spects, spects, provided the tolerances shown in the § 78.60—4 § 78.60—4 Authorizedsteel...... specifications, check chemical analysis of which is slightly out of the specified range, following table are not exceeded. is acceptable, if satisfactory in all other re­ spects, provided the tolerances shown in the (p ercen t)

n a l y s is ...... ______...... A nalysis L im it or m axim u m specified A Lim it or maximum specified h e c k C O v e r to0.15 In0.40 n i.. . T o In0.15 n i. T o in0.60 e!. O v e r to0.30 1.00 O v e r to0.60 inni....1.16 O v e r to1.16 inni2.50 . heck O v e r 0.20 to 0.40 in n i. T o i0.30 l i c i . . T o in1.00 c l T o in0.90 cl A ll ranges.. . T o in0.20 cl A ll ranges. O v e r to0.90 2.10 inni. _.. O v e r 0.60 to 1.15 in n i O v e r Ì.15 to 2.50 in c l C • ______...... ______E lem en t E lem en t ______tainers, welded steel for aircraft use. ______acetylene. ders with approved porous filling for In 78.58-5 amend § Note 1 to para­ In § 78.60-4 amendIn Footnote 78.60-4 to par­1 § 1 Rephosphorized1 steels not subject to check analysis phosphorus. 1 Rephosphorized1 steels not subject to check analysis for phosphorus. C a r b o n Manganese.., Phosphorus ». S u lp h u r Silicon.-... N ic k e l C h ro m iu m Molybdenum. Z irc o n iu m graph (a) Dec. 1964) 29, F.R. (29 18875, § 78.58 Specification 4D A; inside con­ to read as follows:readas to C a rb on S ulphur______M an gan ese C h r o m iu m .. Phosphorus l Silicon Molybdenum.. N ic k e l______agraph (a) Table I Dec. (29 F.R. 18881, Z irco n iu m No. 43- read29,1964) asfollows: to § 78.60 Spécification 8A L; steel cylin­ 3418 PROPOSED RULE MAKING

T able I—A uthorized M aterials

Chemical analysis—limits in percent

Designation Fine-grain 1315 * 8 HIS * 8 M A Y 88 N A X - 1 2 8 C O R 28 N AX - 2 288 S C X 28 4017 2 8 OTY 2 8 8 R D T 28 8 8 YOL » 888 D Y N A 288« high strength

C a rb o n ______0.10/0.20 0.12 max. 0.12 max. 0.20 max. 0.12 max. 0.20 max. 0.20 max. 0.13/0.20 0.15 max. 0.12 max. 0.15 max. 0.15 max. M a ga n ese______1.10/1.65 0.50/0.90 0.50A.0O 0.45/0.75 0.20/0.50 0.60/1.00 0.60/1.00 0.75/1.10 0.90/1.40 0.50/1.00 0.30/0.60 0.60/1.00 0.60/1.nn' P h osp h oru s______0.045 ma x. 0.05/0.12 0.12 max. 0.045 max. 0.07/0.15 0.045 max. 0.045 max. 0.04 max. 0.09/0.135 0.040 max. 0.04 max. 0.05/0.100 S u lfu r_____ . . _____ 0.05 m ax. 0.05 max. 0.05 max. 0.05 m ax. 0.05 max. 0.045 max. 0.045 m ax. 0.04 max. 0.04 max. 0.050 m ax. 0.05 m ax. 0.05 max. S ilicon ______0.15/0.35 0.15 m ax. 0.10/0.50 0.50/0.90 0.25/0.75 0.50/0.90 0.15/0.30 0.25/0.35 0.30 max. 0.10 max. C h ro m iu m ______0.40/1.00 0.45/0.70 0.50/1.25 0.15/0.60 M o ly b d e n u m ______0.08/0.18 0.15/0.35 0.25/0.35 0.10/0.30 Ò.05/0.15 Z irco n iu m ______0.05/0.25 0.03/0.15 N ic k e l______0.45/0.75 0.50/1.00 0.50/1.20 1.50/2.00 C o p p e r______0.40 max. 0.95/1.30 0.20/0.50 0.25/0.55 0.20/0.50 0.30/0.70 0.50/1.00 0.75/1.25 0.30/0.60 A lu m in u m ______0.12/0.27 C o lu m b iu m .____ Heat treatment ( s> (3) (3) (») <3) ( 3) (3) ( 3) (3> (3) <3) (3) ( i j r ...... authorized. M a x im u m stress______35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000.

2 This designation shall not be restrictive and the commercial steel is lim ited in 8 Addition of other elements to obtain alloying effect is not authorized. ^analysis shown in the table. 8 Ferritic grain size 6 or finer, according to A S T M E-112-58T. 8 A ny suitable heat treatment in excess of 1,100° F., except that liquid quenching is • Only fully killed steel authorized. not permitted. 1A heat of steel made under any of the above specifications, check chemical analysis of which is slightly out of the specified range, is acceptable, if satisfactory in all other respects, provided the tol erances shown in the following table are not exceeded.,

Check Analysis T olerances thickness up to and including y8 inch shall be tightly butted. When nom­ Tolerance (percent) over the inal sheet thickness is greater than % maximum lim it or under the L im it or m a x im u m specified minimum limit inch, the joint shall be gapped for max­ E le m e n t (p ercen t) imum distance equal to one-half the

U n d » m in i­ O v e r m a x i­ nominal sheet thickness of %2 inch m u m lim it m u m lim it whichever is less. Joint design, prepara­ tion and fit-up shall be such that re­ Carhon _ 0.0 2 0.03 quirements of § 78.61-8 (d) are satisfied. .03 .04 (2) Maximum joint efficiency shall be Manganese. _ .03 .03 Over0.60to 1.16inni. _ ...... 04 .04 1.0 when each seam is radiographed .05 .05 completely. Maximum joint efficiency Phosphorus! __ ...... ^ .0 1 shall be 0.90 when one cylinder from S u lp h u r______.0 1 Silicon. ... .0 2 .03 each lot of 50 consecutively welded cylin­ O v e r 0.30 to 0.90 inc.l ...... 05 .05 ders in spot radiographed. In addition, C o p p e r. _ T o 1.00 in c l...... 03 .03 .05 .05 one out of the first five cylinders welded N ie k e l . .. .03 .03 following a shut down of welding opera­ .05 .05 Chromium . ._ .03 .03 tions exceeding four hours shall be spot .05 .05 radiographed. Spot radiographs, when M o lv h d e n u m ______.0 1 .0 1 required, shall be made of a finished .0 2 .0 2 Z irco n iu m ______.•______.0 1 .05 welded cylinder and shall include the Columbium . .005 .0 1 girth weld for 2 inches in both directions .04 .04 .05 .05 from the intersection of the longitudinal and girth welds and include at least 6

1 Rephosphorized steels not subject to check analysis for phosphorus. inches of the longitudinal weld. Maxi­ mum joint efficiency of 0.75 shall be per­ (b) Heads. Material for heads shall weaken the finished cylinder apprecia­ missible without radiography. be the same as paragraph (a) of this sec­ bly; reasonably smooth and uniform sur­ (d) Welding procedure and operators tion or shall be open hearth, electric or face required. Exposed bottom welds, on must be qualified in accordance with the basic oxygen carbon steel of uniform cylinders over 18 inches long must be sections that apply in the Compressed quality. Content percent for the follow­ protected by footrings. Minimum thick­ Gas Association’s “Standards for Weld­ ing not over: Carbon 0.25, Manganese ness of heads shall be not less than 90 ing and Brazing on Thin W alled Con­ 0.60, Phosphorus 0.045, Sulfur 0.050. percent of the required thickness of the tainers” (CGA Pamphlet C-3-1964) t (1) Heads shall be hemispherical orsidewall. Heads shall be co^ave to ellipsoidal in shape with a maximum pressure. § 78.61—9 W elding o f attachments. ratio of 2.1. If low carbon steel is used (b) Circumferential seams. By elec­ (a) The attachment to the tops and thickness of such heads shall be deter­ tric-arc welding. Joints shall be butt bottoms only of cylinders by welding oi mined by using a maximum wall stress of with one member offset (joggle butt) or neckrings, footrings, handles, bosses, 24,000 p.s.i.a. in formula H (78.61-10 (b )). lap with minimum overlap of at least pads and valve protection rings is au­ four times nominal sheet thickness. thorized provided that such attachments § 78.61—6 Identification of material. (c) Longitudinal seams in shells. and the portion of the container to which (a) Required; any suitable method. (1) Longitudinal electric-arc weldedthey are attached are made of weldable seams shall be of the double welded butt § 78.61—7 Defects. steel, the carbon content of which must type. Welds must be made by a machine not exceed 0.25 percent. (a) Material with seams, cracks, lami­ process including automatic feed and nations or other injurious defects, not welding guidance mechanisms. Longi­ § 78.61—10 W all thickness. authorized. tudinal seams shall have complete joint (a) For outside diameters over ® penetration, and shall be free from inches the minimum wall thickness shah § 78.61—8 Manufacture. undercuts, overlaps or abrupt ridges or be 0.078 inch. In any case the minimum (a) By suitable appliances and meth­ valleys. Misalignment of mating butt wall thickness shall be such that m ods; dirt and scale to be removed as edges shall not exceed Vs of nominal necessary to afford proper inspection; sheet thickness or %2 inch whichever is »Available from the Compressed Gas no defect acceptable that is likely to less. .All joints with nominal sheet sociation, Inc., 500 5th Ave., New York, «• |

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3419 calculated wall stress at two times serv­ rate data. Pressure gauge must permit based on an elastic modulus of 30,000,- ice pressure shall not exceed the lesser readings to accuracy of 1 percent. Ex­ 000. In the event of controversy, the value of any of the following: pansion gauge must permit readings of entire stress-strain diagram shall be (1) The value shown in Table I, total volumetric expansion to accuracy plotted and the yield strength deter­ § 78.61- 5(a) for the particular material either of 1 percent or 0.1 cubic centi­ mined from the 0.2-percent offset. " under consideration. meter. (3) For the purpose of strain measure­ (2) One-half of the minimum tensile (b) Pressure must be maintained for ment, the initial strain reference shall strength of the material determined as 30 seconds and sufficiently longer to in­ be set while the specimen is under a required in § 78.61-15 multiplied by the sure complete expansion. Any internal stress of 12,000 pounds per square inch, joint efficiency. pressure applied after heat treatment the strain indicator reading being set at (3) 35,000 pounds per square inch. and previous to the official test must not the calculated corresponding strain. (b) Calculation must be made by the exceed 90 percent of the test pressure. (4) Cross-head speed of the testing formula: (c) Permanent volumetric expansion machine shall not exceed Vs inch per must not exceed 10 percent of the total minute during yield strength determina­ ^ _ P (1.3D2+ 0.4d2) volumetric expansion at test pressure. tion. S ~ E (D *—& ) (d) Cylinders must be tested as fol­ § 78.61—16 Elongation. where:' lows: S=W all stress at test pressure, p.s.i.; (1) At least 1 cylinder selected at (a) Physical test specimens must show P —Test pressure, p.s.i.; random out of each lot of 200 or less at least 40 percent for 2-inch gauge D= Outside diameter, inches; shall be tested as outlined in paragraphs length or at least 20 percent on other d—Inside diameter, inches; (a ), (b ), and (c) of this section to at cases, except that these elongation per­ E—Joint efficiency for the longitudinal seam (from § 78.61-8(c) (2 )). least tWo times service pressure. centages may. be reduced numerically (2) All cylinders not tested as out­ by 2 for 2-inch speciments and by 1 in (c) Cylinder with wall thickness less lined in subparagraph (d) (1) of this other cases for each 7,500 pounds per than 0.100 inch, the ratio of the length section must be examined under pressure square inch increment of tensile strength of the cylindrical portion to the outside of at least two times service pressure and above 50,000 pounds per square inch to diameter shall not exceed 4.0. show no defect. a maximum of four increments. (e) One finished cylinder selected at §78.61—11 Heat treatment. § 78.61—17 Tests of welds. random out of each lot of 500 or less (a) Each cylinder must be uniformly successively produced shall be hydro­ (a) Tensile test. A specimen shall be and properly heat treated prior to test by statically tested to 4 times service pres­ cut from one cylinder of each lot of 200 the applicable method shown in §78.61- sure without bursting. or less. The specimen shall be taken 5(a), Table I. Heat treatment must be across the longitudinal seam and shall accomplished after all forming and § 78.61—15 Physical test. be prepared and tested in accordance welding operations. (a) To determine yield strength, ten­ with and must meet the requirements (b) Heat treatment is not required sile strength and elongation of material. of the Compressed Gas Association’s after welding or brazing weldable low Required on a specimen cut from each “Standards for Welding and Brazing on carbon parts to attachments of similar head and body section of a cylinder hav­ Thin Walled Containers.” (CGA Pam­ material which have been previously ing passed the hydrostatic test. phlet C-3-1964) .x Failure must occur in welded to the top or bottom of cylinders (b) Specimens must be: Gauge length the parent metal. and properly heat treated, provided such 8 inches with width not over IV2 inches; (b) Guided bend test. A “root” test subsequent welding or brazing does not or, gauge length 2 inches with width not specimen shall be cut from the cylin­ produce a temperature in excess of over lYi inches, provided, that gauge der used for the tensile test specified 400° F. in any part of the top or bottom length at least 24 times thickness with in § 78.61-17(a). Specimens shall be material. width not over 6 times thickness is au­ taken across the longitudinal seam and § 78.61—12 Openings in cylinders. thorized when cylinder wall is not over shall be prepared and tested in accord­ 1% inch thick. The specimen, exclusive ance with and shall meet the require­ .. (a) All openings must be in the heads of grip ends, must not be flattened. Grip ments of the Compressed Gas Associa­ or bases. ends may be flattened to within 1 inch tion’s “Standards for Welding and Braz­ (b) Openings in cylinders must be of each end of the reduced section. ing on Thin Walled Containers” (CGA provided with adequate fittings, bosses, When size of cylinder does not permit Pamphlet Cr 3-1964).x or pads, integral with or securely, at­ securing straight specimens, the speci­ (c) Alternate guided bend test. This tached to the cylinder by welding. mens may be taken in any location or test may be used and shall'be as required (c) Threads must comply with the direction and may be straightened or by Compressed Gas Association’s following: flattened chid, by pressure only, not by “Standard for Welding and Brazing on (1) Threads must be clean cut and to blows; when specimens are so taken and Thin Walled Containers” (CGA Pam­ gauge. prepared, the inspector’s report must phlet C-3-1964.1 The specimen shall be (2) Taper threads must be of length show in connection with record of physi­ bent until the elongation at the outer not less than as specified for American cal tests detailed information in regard surface, adjacent to the root of the weld, Standard Taper Pipe threads. to such specimens. Heating of speci­ between the lightly scribed gauge lines (3) Straight threads, having at least mens for any purpose is not authorized. a to b, shall be at least 20 percent, ex­ 4 engaged threads, to have tight fit and (c) The yield strength in tension shall cept that this percentage may be re­ calculated shear strength at least 10 be the stress corresponding to a perma­ duced for steels having a tensile strength umes the test pressure of the cylinder; nent strain of 0.2 percent of the gauge in excess of 50,000 pounds per square feak: requ*re(*’ adequate to prevent length. inch, as provided in § 78.61-16(a). (1) The yield strength shall be deter­ Closure of fittings, boss or pads mined by either the “off-set” method or § 78.61—18 Radiographic examination. ust be adequate to prevent leakage. the “extension under load” method as (a) Radiographic inspection shall 78.61-13 Safely relief devices and pro­ prescribed in ASTM Standard E8-57T. conform to the techniques and accept­ tection for valves, safety devices and (2) In using the “extension under ability criteria set forth in the Com­ other connections, if applied. load” method, the total strain (or “ex­ pressed Gas Association’s “Standard for tension under load”), corresponding to Welding and Brazing on Thin Walled -J jj ^ as required by the Inter- the stress at which the 0.2-percent per­ ,9ornmerce Commission’s Regula- Containers” (CGA Pamphlet C-3-1964). manent strain occurs may be determined apply. (See §§ 73.34(d) and When fluoroscopic inspection is used, of this chapter.) with sufficient accuracy by calculating permanent film records need not be re­ the elastic extension of the gauge length tained. § 78.61-14 Hydrostatic test. under appropriate load and adding water jacket, or other suitable thereto 0.2 percent of the gauge length. 1 Available from the Compressed Gas Asso­ °d, operated so as to obtain accu­ Elastic extension calculations shall be ciation, Inc., 600 5th Ave., New York, N.Y.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3420 PROPOSED RULE MAKING

(b) Should spot radiographic exami­ § 78.61—21 Inspector’s report. All material was inspected and all that was nation fail to meet the requirements of accepted was found free from seams, cracks, (a) Required to be clear, legible and laminations and other injurious defects. paragraph (a) of this section, two addi­ In following form : Radiography ______tional welds from the same lot of 50 cyl­ (type and amount) inders or less shall be examined, and if (P lace)______(D a t e )___t____.______The compliance of cylinders with specifica­ either of these fail to meet the require­ iSteel gas cylinders tion requirements was verified including ments, each cylinder shall be examined Manufactured for______Company markings, condition of inside, tests, threads, as previously outlined; only those pass­ Location at______b.______etc. All cylinders with defects which might ing are acceptable. Manufactured by______Company prove injurious were rejected. The processes Location at______of manufacture and heat treatment were § 78.61—19 Rejected cylinders. Consigned to______; Company supervised and found to be efficient and sat­ isfactory. (a) Unless otherwise stated, if a sam­ Location at______Q u an tity ______The cylinder walls were measured and the ple cylinder or specimen taken from minimum thickness noted w a s ______inch. a lot of cylinders fails the prescribed Size______inches outside diameter by______inches long The outside diameter was determined to be test, then two additional specimens must Marks stamped into the______------in c h e s . T h e wall be selected from the same lot and sub­ (location of marking) stress was calculated to be ______pounds jected to the prescribed test. If either of of the cylinder are: per square inch. these fails the test then the entire lot Specification ICC______Hydrostatic tests, tensile tests of material, must be rejected. Serial numbers______to______inclusive and other tests as prescribed in specification Inspector’s mark______No. ICC—4BW ______were made in the (b) Reheat treatment authorized; presence of the inspector and all cylinders subsequent thereto, acceptable cylinders Identifying symbol (registered)______Test date______accepted were found to be in compliance with must pass all prescribed tests. Repair Tare weights (yes or no)______„__ the requirements of that specification. Rec­ of welded seams by welding is authorized Other marks______ords thereof are attached hereto. provided that all defective metal be cut Each cylinder______~______been away and joint be rewelded as prescribed (has— has not) for original welded joints. These cylinders were made by process of__ equipped with safety devices as follows:___ I hereby certify that all of these cylinders § 78.61—20 Marking. The material used was type..______proved satisfactory in every way and comply authorized in table I of Spec. No. 4BW. (a) Marking on each cylinder stamped with the requirements of Interstate Com­ The material used was identified by the as follows: following ______.______merce Commission specification No. 4BW ex­ (1) ICC-4BW followed by the service cept as follows: E xceptions______:— ...... pressure (for example, ICC-4BW240, (heat-purchase order) etc.). n u m b e rs ______(2) A serial number and an identify­ ing symbol, both to be of the purchaser, The material used was verified as to chem­ user, or maker. The symbol must be ical analysis and record thereof is attached (Manufacturer’s name) hereto. The heat numbers ______(Signed) . registered with the Bureau of Explosives. (were— were not) (Inspector) Duplications unauthorized. on the material. B y : ------— ------(3) Inspector’s official mark. (4) Date of test (for example, 12-64 ( P l a c e ) ______— ( D a t e ) ______— for December 1964). (5) Additional markings are per­ R ecoed or Chemical A nalysis of Steel foe Cylindebs mitted. N u m b e r e d ______t o ______... ______in clu sive. inches long (b) Sequence of marks. ICC specifica­ S i z e ...... ------inches outside diam eter b y M a d e b y ______- ____ b— , Company tion designation, registered symbol and F o r ______;------Company serial number shall be in close proximity. Inspector’s official mark shall be near the serial number. Date of test shall be so placed that dates of subsequent tests can easily be added. (c) Location of markings. Markings may be stamped plainly and perma­ nently in the following locations on the cylinder: (1) On shoulders and top heads not Steel was manufactured b y ------C o m p a n y. The original of the certified m ill test reports are in files of the manufacturer. less than 0.087-inch thick. N ote: A n y om ission o f analyses b y beats, i f au th orized, m u st b e accounted for b y n ota tion hereon reading “ The (2) On neck, valve boss, valve protec­ prescribed certificate of the manufacturer of material has been secured, found satisfactory, and placed on me, tion sleeve, or similar part permanently by attaching a copy of the certificate. attached to top end of cylinder. Chemical analyses were made b y ...... - ...... - ...... - ...... —— ------(3) On a plate attached to the top of ( P l a c e ) ...... - ...... the cylinder or permanent part thereof; (D a t e ) ..■______. \ ------R ecoed of P hysical T ests of M atebial foe Cylindebs sufficient space must be left on the plate N u m b e r e d ------t o ------in clu sive. «„„ l w IoiiB to provide for stamping at least six re­ S ize ...... inches ou tsid e d ia m e te r b y ...... M a d e b y ...... - ...... g o i n g test dates; the. place must be at least Jb or — — ------—— -----— ------—— ----- — — ------— :------. }i6-inch thick and must be attached by Weld Wdd welding, or by brazing at a temperature C y lin d e rs Y ie ld T e n s ile Elongation R e d u c tio n bend T e s t represented stren gth stren gth (p ercen t o f area tensile test of at least 1,100° P. throughout all edges N o . b y test (pounds per (pounds per in inches) (p ercen t) te s t of the plate. (sem i Nos.) squ are in ch ) square inch) (4) Variations in location of markings ______.... ---- when necessitated by lack of space per­ missible only when authorized by the r-r______-______——J ______------—-, ------Commission. (d) Size of marks. Space permitting, at least *4-inch high. (S ig n e d )

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 1

(P la c e )___ (b) Authorized gross weight: 65 (2) Marks specified in subparagraph (D a t e )____ pounds; boxes may have gross weight of ( a ) ( 1 ) of th is section shall be under­ R e c o r d o f H y d r o s t a t ic T e sts o n C y l in d e r s 103 pounds when authorized by § 73.66 stood to certify that the fiber drum N u m b e r e d ______to ______- ______In clusive. (g) (1) of this chapter. complies with all specification require­ S i z e ------inches outside diameter by. .inches lon g. In § 78.224-1 cancel paragraph (a) (2 ); m ents. M a d e b y .______—C o m p a n y . F o r _ ...... - C o m p a n y . in § 78.224-2 cancel paragraph ( d ) ; in (3) Name or symbol (letters) of § 78.224-4 amend paragraph (a) (1); maker; this must be registered with the P erm an en t Burst test cancel paragraph (a) (2), redesignate Bureau of Explosives and be located just Serial Nos. of Actual test T o ta l expan ­ Perm an en t ratio of per­ (pounds per T a re V o lu ­ and amend paragraphs (a)(3) and above, below, or following the mark cylin ders tested pressure sion (cubic expansion m an en t expan ­ square w eigh t m e tric arranged numer­ (pou nds per centimeters) 1 (cu bic cen ti­ sion to to ta l in ch ) (pounds) 2 c a p a c it y 3 (a) (4) as (a) (2) and (a) (3) respectively specified in subparagraph (a) (1) of this ic a lly square inch) m eters) » expansion i (30 F.R. 7425, June 5, 1965) (29 F.R. section. 18966, Dec. 29,1964) to read as follows: Add § 78.225 (29 F.R. 18966, Dec. 29, § 78.224 Specification 21C; fiber drum. 1964) to read as follows: § 78.224—1 Construction requirements. §78.225 Specification 21P; fiber drum (8/) * * * overpack for inside plastic container. N o t e 1: When specifications require test for only one out of each lot of 200 or less cylinders, the check on the (2) [Canceled] § 78.225—1 Compliance. others must be indicated by a notation hereon reading, “ Each cylinder was subjected to a pressure o f ____- _____ pounds per square inch and showed no defect.” § 78.224—2 Type tests. 1 If the tests are made by a method involving the measurement of the amount of liquid forced into the cylinder (a) Required in all details. .b y the test pressure, then the basic data, on which the calculations are made, such as the pump factors, temperature * * * * * of liquid, coefficient of compressibility of liquid, etc., must also be given. § 78.225—2 Construction requirements. 2 Do not include removable cap but state whether with or without valve. These weights must be accurate to a (d) [Canceled] tolerance of one percent. (a) Fiber drum overpack for inside * * # * * 3 Report approximate maximum and minimum volumetric capacity for the lot. plastic containers as prescribed in Part (S ign e'd )...... - ...... t-____— § 78.224—4 Marking. 73 of this chapter. Fit of fiber drum MAKING RULE PROPOSED : In § 78.68-13 amend paragraphs (a ), (1) At least one cylinder selected at (a) * * * overpack shall provide support for inside ( b ) ; redesignate and amend paragraph random out of each lot of 200 or less (1) Drums must be marked ICC 21C plastic container in such manner as to (d) as paragraph ( e ) ; add new para­ shall be tested in accordance with para­ followed by the authorized new weight avoid wrinkling, buckling, or suspension graph (d ); in § 76.68-16 amend para­ graphs (a ), (b ), and (c) of this section. to which drum was constructed, for ex­ of inside plastic container by any closure graph (a) (29 F.R. 18889, Dec. 29, 1964) (2) All cylinders not tested as provided ample, ICC-21C115. protruding through top head. (30 F.R. 5752, Apr. 23, 1965) to read as in subparagraph (d )(1 ) of section must follows: be examined under pressure of at least two times service pressure and show no Fiber drum overpack parts 8 8 § 78.68 Specification 4E; welded alumi­ defect. num cylinders. M a rk e d 1 S idew all Top heads and bottom heads (e) One finished cylinder selected at (rated) Authorized § 78.68—13 Hydrostatic test. random out of each lot of 1,000 or less ca p a city m a xim u m shall be hydrostatically tested to 4 times o f inside n et w eig h t A ll fiber 3 A l l steel Combination fiber-steel bottoms (a) By water jacket, or other suitable plastic o f liq u id method, operated so as to obtain ac­ the service pressure without bursting. container contents Inability to meet this requirement shall not over not over S tre n g th 2 Fiber component Steel component curate data. Pressure gauge must per­ (gallons) (pounds) (pounds) T h ic k - T h ic k - mit reading to accuracy of 1 percent. result in rejection of the lot. ness Strength 2 G auge n e s s 4 (in ch ) (pou nds) (inch) Thick- Strength 2 T h ic k - Expansion gauge must permit reading of § 78.68—16 Acceptable results for physi­ ness (pou nds) G auge n e s s 4 total expansion to accuracy either of 1 cal tests. (in ch) (in ch ) percent or 0.1 cubic centimeter. (a) Elongation at least 7 percent; yield (b) Pressure of 2 times service pres­ 105 600 0.120 800 28 0.0129 strength not over 80 percent of tensile ...... sure must be maintained for 30 seconds 15...... 245 700 .160 1,100 26 .0159 0.090 6ÔÔ 28 0.0129 strength. 30______350 900 .200 1,200 24 .0209 .120 800 26 .0159 and sufficiently longer to insure complete 30...... 450 1,000 .220 1,300 24 .0209 .160 1,100 26 .0159 expansion. Any internal pressure ap­ 55...... 600 1,200 .240 1,500 24 .0209 .160 1,100 26 .0159 plied previous to the official test must not Subpart F— Specifications for Fiber- exceed 90 percent of the test pressure. board Boxes, Drums, and Mailing 1 For capacity tolerances refer to applicable specifications of inside plastic containers. 2 Mullen or Cady test. Either of the following test methods may be used. When more than single ply, test shall If, due to failure of the test apparatus, Tubes be determined from the summation of the tests of individual plies; or when test is made on a complete drum, the the test pressure cannot be maintained, punctures shall be made from the exterior to the interior surface, in which case the values for sidewalll shall be not the test may be repeated at a pressure In § 78.209-11 amend paragraph (b ) less than 80 percent of the value in the above table and the values for fiber tops and bottoms shall be not less than the value in the above table. There shall be a minimum of 6 tests and the average shall be not less than the pre­ increased by 10 percent over the pressure (29 F.R. 18959, Dec. 29, 1964) to read as scribed minimum requirements. otherwise specified. follows: 3 W hen made of 2 or more discs, the discs must be bonded together with adhesive. 4 Thickness shall be measured at any point on the steel part not less than % inch from an edge. * * * * * § 78.209 Specification 12H; fiberboard 8 Tw o holes not exceeding J4 inch each are permitted diametrically opposite each other in the overpack body and three holes not exceeding inch in diameter on centers 120 degrees apart in the bottom head. Top head m ay have (d) Cylinders having a calculated wall boxes. not more than 2 holes of suitable size to provide for protruding closures. Closures shall not protrude above plane of to p ch im e. stress of 18,000 pounds per square inch or § 78.209—11 Authorized gross weight 8 Overpack interior shall be free of projections, burrs, or any edges that might cause damage to inside plastic less at test pressure may be tested as and parts required. container. follows: ♦ * * * * 3421

FEDERAL REGISTER, VOL. 31, i. 43— FRIDAY, MARCH 4, 1966 3422 PROPOSED RULE MAKING

(b) Fiber sidewalls shall consist of one § 78.241 Specification 44P; all-plastic or more multiple-ply shells or tubes, Tiber drum overpack for plas- Compression bags. tic inside container of marked convolutely wound of fiberboard at least (rated) capacity (gallons) § 78.241—1 Compliance. 0.012 inch thickness with plies of each (not over) Static 3 D y n a m ic 3 component secured together with ad­ (p o u n d s ) (p ou n d s) (a) Required in all details. hesive: Steel parts used shall be of low §78.241-2 Plastic. carbon, open hearth, or electric steels; 15 1,125 1,500 30 1,800 2,400 drum overpack shall be of tight-head or 55 2,400 3,200 (a) Plastic film shall be low density full removable cover type, straight sided, polyethylene having a melt index of 0.6 with top and bottom heading secured to i Static test. Compression as specified must be applied maximum, conforming to the minimum sidewall by an efficient means in accord­ to entire bearing surface of top of drum for a period of requirements specified in subparagraph 48 h ours. (a ) (1) of this section. ance with the following detailed mini­ 3 Dynamic test. Compression as specified must be mum requirements: applied end to end. Speed of compression toster to be (1) Plastic film: j i inch plus or minus M in ch p er m in u te. § 78.225—3 Marking. (c) Test to be made at start of produc­ N o m in a l D ro p P o u n d s Percen t (a) Maker of overpack and assem­ tion and repeated at 4-month intervals gauge d a rt p er square elonga­ Tear bler of the composite container shall (m ils ) 1 (gram s) 2 inch tio n 3 (grams)* for each size of each type drum overpack ten sile 3 place a marking on side of container by manufactured. Record of test results printing, lithography or stamping with shall be maintained in current status by 5 210 2,100 350 200 weather resistant ink in letters not less each manufacturer at each producing 6 250 2,100 350 240 than y2 inch high as follows: plant. 7 205 2,100 350 280 (1) Marking by maker of overpack. 8 340 2,100 350 350 (1) ICC-2 IP * * *; stars to be replaced § 78.225—5 Assembly and testing o f by the authorized net weight for liquid composite container. 1 Gauge as measured by A S T M D 374-57T; tolerance ± 1 0 percen t. products for which drum was con­ 3 Drop dart as measured by the drop dart method structed, for example, ICC-21P/450. (a) The method employed for assem­ ( A S T M D 1709-62T M e th o d B ). U n d er this methods These marks shall be understood to cer­ bly shall be such as not to cause damage polished steel dart having a diameter of 2 inches in the to either component. h em isp h erical head is suspended b y an electro-magnet at tify that the fiber drum complies with a h eigh t su fficient to p ro vid e a drop o f 60 inches to the all construction requirements of this (b) The party doing assembly shall be surface of the test specimen. The test specimen must be responsible for compliance with § 78.225- placed,over the bottom part of a 2-piece annular clamp specification. having an inside diameter of 6 inches, so as to be uni­ (ii) Name or symbol of maker must2(a) and for compliance with test re­ form ly flat and free of folds. Test specimen must cover quirements specified by applicable inside th e cla m p at a ll p oin ts. N o t less than 10 specimens, not be registered with the Bureau of Ex­ m o re th a n one d rop per specim en , m u st be tested, Ii plosives and be located just above, below, plastic container specifications in Part one-h alf or m ore o f th e specim ens tested resist failure the or following the mark specified in sub- 78. film shall be deemed to meet the requirements. Failure Amend Part 78, Subpart G heading is defined as any break through’the film. paragraph (a) (1) (i) of this section. 3 T e n s ile and percen t elo n g a tio n as measured by (2) Marking by assembler of com­ (29 F.R. 18966, Dec. 29, 1964) to read as ASTM D 882-(61T) Method A. posite container. follows : 4 Tea: as measured by A S T M D 1922-(61T). (i) Maker or other party assuming re­ § 78.241—3 Construction and capacity. sponsibility for compliance with specifi­ Subpart G— Specifications for Bags, cation requirements shall add a marking Cloth, Burlpp, Paper or Plastic (a ) Bags must be constructed of plas­ to the overpack maker’s marking as tic film conforming to the requirements In § 78.238-2 amend paragraph (c) ; in specified by subparagraph (a) (1) (i) of of § 78.241-2. Bags having heat-sealed § 78.238-3 amend paragraph (b) (29 F.R. ends must be capable of withstanding this section identifying the inside plastic 18970, 18971, Dec. 29, 1964) to read as container specification number. For ex­ static loads of l 1/* pounds per mil per follows: inch of seal as measured in the following ample, ICC-21P/450/21SL. “STC” shall manner. Three 1-inch wide samples be added to the marking when inside § 78.238 Specification 44D; multiwall paper bags. must be cut from the top seal and 3 container is authorized only for single 1-inch wide samples must be cut from trip service. For example, ICC-2 IP/ § 78.238—2 Paper. the bottom seal of each bag to be tested. 450/2U STC. perpendicular to * * * * * Samples must be cut (ii) The name or symbol of the as­ the seal, one from the center of the seal sembler to be located near the marking (c) Laminating materials. Any lami­and one each approximately 4 inches in specified in subparagraph (a) (2) (i) of nant other than asphalt or other water- each direction from the center of the this section; symbol must be registered vapor barrier walls may be used provided seal. (The preferred method of cutting with the Bureau of Explosives. they meet the strength requirements in the samples is to place a 1-inch wide die paragraph (b) of this section. on the flat bag so that both film layers § 78.225—4 Compression test. ♦ * * * * and the seal area can be cut simultane­ (a) Prior to testing, drums shall be ously.) Samples must be cut of suffi­ conditioned at 50 percent plus or minus § 78.238—3 Construction. cient length to permit wrapping each film end around a XU ~inch diameter 2 percent relative humidity and 75° F. * * * * * metal rod and to permit clamping plus or minus 3° F. for at least 48 hours. (b) Moistureproof barrier sheets of each end 1 inch from heat seal. (b) An empty fiber drum overpack paper, if used, must meet the strength Clamp used (such as a laboratory shall withstand either of the following requirements of § 78.238-2 (b) and shall tubing clamp) must be one that wffi compression tests without buckling of the be counted as 50 pounds basis weight exert even pressure across a 1-inch wide sidewall sufficient to cause damage, but (500 sheets, 24 x 36 inches). strip. Clamps must be carefully posi­ in no case shall the maximum top to bot­ Add § 78.241 (29 F.R. 18972, Dec. 29, tioned on strips parallel to the heat seals. tom deflection be more than x/z inch: 1964) to read as follows: One clamp must be mounted to a sup-

FEDERAL REGISTER, VOL. 31f NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3423 port, permitting the sample strip to hang ety of Mechanical Engineers, 1962 § 79.300 General specifications appli­ vertically, and a weight must be attached, edition, for U-201 fusion-welded unfired cable to multi-unit tank car tanks de­ to the other clamp hanging free at the pressure vessels. signed to be removed from car struc­ ture for filling and emptying. lower end of the assembly. The total * * * * * weight exerted on the seal must be 1*4 § 79.300—6 Thickness of plates. § 78.255—2 Material. pounds for each mil of gauge of the film. (a) For class ICC-110A tanks, the The test must be conducted at room tem­ (a) Material used in the tanks shall wall thickness of the cylindrical portion perature (approximately 73° F.). All be steel of good weldable quality in con­ of the tank shall not be less than that samples tested must resist failure. Fail­ formity with requirements of paragraph specified in § 79.301 nor that calculated ure is defined as total seal separation oc­ U-71 Of the A.S.M.E. Code, 1962 edition. by the following formula : curring within 10 minutes after the test * * * * * has begun. Other end closures of equal efficiency authorized. Bags of not less than 5-mil construction authorized for where: PART 79— SPECIFICATIONS FOR TANK contents not to exceed 51 pounds net d —Inside diameter in inches; weight. Bags of not less than 7-mil con­ CARS £ = 1.0 welded joint efficiency; struction authorized for contents not to P=Minimum required bursting pressure exceed 81 pounds net weight. Subpart E— Specifications for Multi- in p.s.i.; Unit Tank Car Tanks (Classes ICC— S = Minimum tensile strength of plate § 78.241—6 Tests for shipment. 106A and 110A-W) material in p.s.i. as prescribed in (a) Bags as prepared for shipment § 79.300-7; In § 79.300-6 amend paragraph (a) f=Minimum design thickness of plate in must be able to withstand six drops from inches. a height of 4 feet onto a solid surface, (F.R. 19007, Dec. 29, 1964) to read as one drop on each end, one drop on each follows: * * * * * face, and one drop on each side (edge), A ppendix B—A mendments and R easons T herefor—C o n tin u e d without sifting or rupture. § 78.241—7 Marking. Section Paragraph Reason for amendment

(a) On each bag with letters and 71.4 _____ Heading, (a)...... To remove redundant provisions in view of § 79.4 requirements. figures at least VSs inch high in rectangle 71.5 ...... Entire section_____ To remove redundant provisions in view of § 79.3 requirements. as follows: 72.5...... (a) Commodity list. The changes, additions, and cancellations are to keep the commodity list on a current basis. 73.22...... (a)— — ...... — To clarify the shipper’s responsibility in determining that shipments of explo­ sives and other dangerous articles are offered in containers constructed and ICC-44P maintained in compliance with the regulations. 73.31...... (a)(4)___ — ...... To provide an alternate provision for the commodity stenciling of tank cars. 73.31...... (d)(7)...... To provide for the marking of ICC-106A and 110A-W multiunit tank car tanks visually inspected in lieu of periodic hydrostatic retest. (1) This mark shall be understood to 73.31...... - (d)(2), (9)...... To authorize the visual Inspection of ICC-106A and 110A-W multiunit tank certify bag complies with all specifica­ car tanks, used exclusively for the transportation of fluorinated hydrocarbons and mixtures thereof, in lieu of periodic hydrostatic retest. tion requirements. 73.31-...... (d)(8), Retest Provides for the retesting of ICC-110A1000-W multiunit tank car tanks. (2) Name and address of maker Table 2. 73.34...... (e)(10)...... To clarify that the visual inspection of cylinders be performed in accordance located just above or below the mark with accepted industry standards. specified in paragraph (a) of this sec­ 73.51...... ( q ) ...... To clarify that all new military explosives and explosive devices, except those, of a security classification, must be approved for transportation by the Bureau tion; symbol (letters) authorized if of Explosives. registered with the Bureau of Explosives. 73.53...... (Q)...... - ...... To delete the obsolete term “explosive bullets,” and provide for Ammunition for small arms with incendiary projectiles; to include 20 millimeter fixed am­ munition in the small arms ammunition category. Subpart H— Specifications for 73.54...... (a)...... - ...... To authorize the use of additional plastic containers complying with certain Portable Tanks military specifications for ammunition for cannon. 73.56...... (e)(1)...... To increase the gross weight limitation for container of explosive bombs to 1,400 pounds. In § 78.247-7 amend paragraph (a) (2) 73.58______Entire section_____ To provide for the shipment of small arms ammunition with incendiary pro­ (30 F.R. 5759, Apr. 23, 1965) to read as jectiles; to increase gross weight of outside package from 150 to 175 pounds. 73.66...... (g)(1)...... To authorize an Increase in gross weight, to 103 pounds* for certain spec. 12H follows: fiberboard boxes containing electric blasting caps. 73.91-...... - (a)(6)...... To authorize shipment of illuminating, incendiary or smoke projectiles in un­ § 78.247 , Specification 53; cylindrical boxed or palletized condition. 73.100...... (b )...... To show that projectiles may be a component part of small arms ammunition; aluminum portable tanks. but excludes projectiles loaded with incendiary composition in addition to projectiles loaded with high explosives. § 78.247—7 Marking. 73.100...... (b)(2)...... To include 20 millimeter ammunition with solid, inert or empty projectiles in the small arms ammunition (class C explosives) category. (a) * * * 73.119...... (b)(9)...... To provide new spec. 21P fiber drum, in lieu of spec. 21C, with inside poly­ ethylene container for flammable liquids not specifically provided for. (2) Name or symbol (letters) of 73.126...... (a)...... To update Part 73 section references redesignated in Order 63; to cite latest edition of CGA standards for visual inspection of compressed gas cylinders. maker or user assuming responsibility 73.139...... (a)(5 )..— — ...... To authorize spec. 5A metal barrels or drums for propylene imine, inhibited. for compliance with specification re­ 73.154...... (a ) (14)...... To authorize spec. 12B fiberboard boxes with inside polyethylene bottles for flammable solids and oxidizing materials n.o.s. quirements; this must be registered with 73.157...... (a)(2)...... Benzoyl peroxide, wet is no longer shipped in this type composite container. the Bureau of Explosives. 73.158______Heading, (a)______To provide packaging requirements for dimethylhexyl diperoxybenzoate, dry. 73.164______(a)(6)...... - To authorize spec. 21C fiber drums lined with saran plastic material for chromic In § 78.255-1 amend paragraph ( a ) ; acid. m § 78.255-2 amend paragraph (a) (29’ 73.182...... (b)(6 ).— ...... To authorize new spec. 44P all-plastic hags for ammonium nitrate mixed fertil­ izers, and ammonium nitrate fertilizer containing 90 percent or more ammoni­ -R. 18975, Dec. 29, 1964) to read as fol­ um nitrate with no organic coating. lows: 73.239a (a)(2)...... 73.245,...... (a)(24)...... To provide new 21P fiber drum, in lieu of spec. 21C, with inside polyethylene container for acids or other corrosive liquids, n.o.s. § 78.255 Specification 60; steel portable 73.245...... (a ) (26)...... To authorize new spec. 34 polyethylene container without overpack for acids tanks. or other corrosive liquids, n.o.s. 73.248...... (a)(4), (a)(5)...... To provide for the use of safety vent discs incorporating a )6-inch breather hole on tank car tanks in spent acid or sludge acid service. § 78.255—1 General requirements. 73.256...... (a)(5)...... To provide new spec. 21P fiber drums, in lieu of spec. 21C, with inside polyethyl­ ene container for liquid cleaning compounds. (a) Tanks shall be constructed i 73.263...... Heading...... To show the percentage limits for sodium chlorite permitted in sodium chlorite solution. oraance with all requirements oJ 73.263...... (a)(22)...... To authorize new spec. 21P fiber drum, in lieu of spec. 21C, with inside poly­ Jon VIII of the Code for Ui ethylene container for hydrochloric acid, etc. 73.263...... (a)(28)...... To authorize the use of new spec. 34 polyethylene container without overpack Pressure Vessels of the American for hydrochloric acid, etc.

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3424 PROPOSED RULE MAKING A ppendix B— A mendments and R easons T herefor— C o n tin u e d SECURITIES AND EXCHANGE Section Paragraph Reason for amendment COMMISSION 73.265...... ( d ) ( 5 ) ...... T o provide new spec. 21P fiber drum, in lieu of spec. 21C, with inside polyeth­ ylene container for hydrofluosilicic acid. [ 17 CFR Port 250 1 73.266...... , (a)(2), (b)(3)...... T o remove the closure seal requirement for hydrogen peroxide drums as being impracticable; discontinue use of non-spec, drums. [Release 35-15412] 73.266...... ( b ) ( 7 ) ...... T o authorize the use of new spec. 21P fiber drum with inside polyethylene con­ tainer for hydrogen peroxide solution in water. FINANCIAL CONNECTIONS OF OF­ 73.272...... (f ) ( 5 ) ...... T o provide new spec. 21P fiber drum, in lieu of spec. 21C, with inside polyeth - ylene container for sulfuric acid. FICERS AND DIRECTORS OF PUB- 73.272...... ( f ) ( 6)- ...... T o authorize new spec. 34 polyethylene container without overpack for sulfuric acid. LIC UTILITY SUBSIDIARY COM­ 73.277...... ( a )( 6) ...... To authorize new spec. 34, polyethylene container without overparek for not over 16 percent hypochlorite solution. PANIES OF REGISTERED HOLDING 73.301...... ( d )(5 )...... To reinsert the provisions for manifolding anhydrous ammonia cargo tanks COMPANIES inadvertently deleted by Order 63. 73.301...... (h ) T a b le ...... To include new spec. 2 Q inside metal container in the list of containers pre­ scribed for compressed gases. Notice of Proposed Rule Making 73.304...... ( a )( 2) T a b le ...... To authorize an increased filling density for hydrogen chloride; to authorize use of specs. 3AX and 3 A AX cylinders; to correct spelling of Trifluoro- Notice is hereby given that, upon the ch loroeth ylen e. request of interested persons, the Securi­ 73.304...... ( d ) ( 3 ) ( i ) ...... To authorize new spec. 4BW240 welded steel cylinders for liquefied petroleum gas. ties and Exchange Commission has under 73.306...... (a )(3 ), (a )(4 ), ( b )(2 ). To extend the exemptions for aerosols and other pressurized products to con­ consideration a proposal to amend Rule tainers having capacities not exceeding 50 cubic inches and rated failure pres- sureof at least 1.5 times the pressure of contents at 130° F. except that for in­ 70(a) (4) (C) under the Public Utility side containers exceeding 35 cubic inch capacity, outside containers must Holding Company Act of 1935 governing be marked and labeled as prescribed therein; to provide for the use of new spec. 2Q inside metal container. the connections with financial institu­ 73.306

FEDERAL REGISTER, YOU 31, NO. 43— FRIDAY, MARCH 4, 1966 PROPOSED RULE MAKING 3425 ries on operations as a public-utility public-utility company constituted at March 28, 1966. Except where it is re­ company: Provided, That (a) if the offi­ least 70 percent of the consolidated rev­ quested that such communications not be cer or director has a financial connection enues of each such company and all its disclosed, they will be available for public with a commercial banking institution wholly owned subsidiary companies. inspection. having its principal office within the ter­ ***** By the Commission. ritory of an associate public-utility com­ All interested persons are invited to [ s e a l ] O rval L. D tjB o is , pany, the service territories of both such submit their views and comments on this Secretary. companies are located entirely within the proposal, in writing, to the Secretary, Se­ same State, and (b) the operating rev­ curities and Exchange Commission, at its F e b r u ar y 28, 1966. enues from public-utility operations for principal office, 425 Second Street NW., fP.R. Doc. 66-2267; Piled, Mar. 3, 1966; the preceding calendar year of each such Washington, D.C., 20549, on or before 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 No. 43------7 3426

Notices

F i s h i n g K it DEPARTMENT OF THE TREASURY Approval No. Monroe Industries Inc., DEPARTMENT OF THE INTERIOR Coast Guard 160.061/2/0. Post Office Box 894, New Haven, Conn., Office of the Secretary [CG FR 66-8] 06504. COMMISSIONER, BUREAU OF Approval No. Van Brode Milling Co., VESSELS CERTIFICATED FOR OCEAN 160.061/3/0. Inc., Clinton, Mass., RECLAMATION AND COASTWISE SERVICE 01510. Protecting cover for lifeboats. Existing Delegation of Authority Lifeboat Equipment protecting covers for lifeboats made by the The delegation of authority to the Gentex Corp., Carbondale, Pa., which were Commissioner of Reclamation previously 1. The President by Proclamation constructed in accordance with MMT Guide dated March 24, 1965, announced that for Protecting Cover for Lifeboat (5946/ published in the F ederal R egister is the International Convention for Safety 160.035), are acceptable. amended by the addition of 255 DM 1.1A(14). of Life at Sea, 1960 (SOLAS) (Treaties Approval No. Gentex Corp., Carbon- 160.065/1/0. dale, Pa., 18407. and Other International Acts, Series The following material is a portion of the Departmental Manual and the num­ 5780), shall come into force and effect 4. The available additional equipment bering system is that of the Manual. on May 26, 1965, and thereafter this necessary to meet the applicable rules Convention shall be observed and ful­ and regulations is required in all lifeboats P art 255— B ureau of R eclamation filled with good faith by the United on ocean and coastwise vessels. All pas­ CHAPTER 1---- GENERAL PROGRAM DELEGATION States of America, by the citizens of the senger vessels shall have this equipment United States of America and by all on board at the time of the first inspec­ 255.1.1 Delegation— Commissioner of others subject to the jurisdiction thereof. tion for certification after 26 May 1966. Reclamation. The Commissioner of By Executive Order 11239 (July 31, 1965, All tank, cargo, and miscellaneous vessels Reclamation is authorized, except as 30 F.R. 9671, 3 CFR 1965 Supp.), the shall have this equipment on board at the provided in 200 DM 2 and 255 DM 1.2, President designated the various Federal time of the first inspection for certifica­ to: agencies to administer the provisions of tion or midperiod inspection, whichever A. Perform the functions and exercise this Convention. occurs first, after 26 May 1966. If the the authority now or hereafter vested in 2. For those matters relating to mer­ owner, agent, or master of a vessel can the Secretary of the Interior, or in the chant vessels and currently administered show to the satisfaction of the Officer in Department of the Interior, by: by the Commandant, U.S. Coast Guard, Charge, Marine Inspection, that compli­ ***** the implementing regulations are in 46 ance with such equipment regulations is (14) Section 7(c) of the Federal Wa­ CFR Chapter I. These implementing unreasonable or such equipment cannot ter Project Recreation Act of July 9,1965 regulations were appropriately amended be obtained, then the Officer in Charge, (79 Stat. 213). by changes published in the F ederal Marine Inspection, may issue a deficiency R egister of 8 September 1965 (30 F.R. notice on Form CG-835 specifying a date Stewart L. Udall, 11414-11495). At that time it was noted by which the equipment shall be on Secretary of the Interior. that certain items of new lifeboat equip­ board, which in no event shall exceed 6 F ebruary 25,1966. ment primarily necessitated by the 1960 months from date Form CG-835 is issued. SOLAS Convention may not be available [F.R. Doc. 66-2265; Filed, Mar. 3, 1966; 5. The cooperation of owners, masters, 8:47 a.m.] and a reasonable time would be given to and agents of ocean and coastwise vessels bring the vessel into compliance (30 F.R. is requested and they are urged to obtain 11415). Except for the 15-minute float­ the additional new equipment required ing orange smoke distress signal which for lifeboats at the earliest possible date. DEPARTMENT OF COMMERCE is undergoing development and tests but The ordering of such equipment prior to not yet commercially available in the dates for the scheduled inspections of Bureau of International Commerce United States, the other additional items their vessels is essential since the Officer [Case No. 349] in Charge, Marine Inspection, must have of lifeboat equipment, the lifeboat pro­ TRAUZL-WERKE AKTIENGE­ tecting covers, the fishing kits, and the reasonable grounds, other than failure to desalter kits, are now available from the order the equipment, before he may ex­ SELLSCHAFT ercise the latitude provided. manufacturers listed in paragraph 3 in „ Order Denying Export Privileges this document. Therefore, the lifeboat (R.S. 4405, as amended., 4462, as amended, protecting covers, fishing kits, and de­ 4417a, as amended, 4421, as amended, 4453, In the matter of Trauzl-Werke Aktien­ salter kits shall be provided. Although as amended, sec. 10, 35 Stat. 428, as amended, gesellschaft, Scheydgasse 38-40, Vienna secs. 1, 2, 49 Stat. 1544, 1545, as amended, sec. there are approximately 150 lifeboat cov­ X X I, Austria, Respondent. 3, 54 Stat. 347, as amended, sec. 3, 70 Stat. The Investigations Division, Office of ers in use without approval numbers, all 152, sec. 3, 68 Stat. 675; 46 U.S.C. 375, 416, Export Control, Bureau of International 391a, 399, 435, 395, 367, 390b, 50 U.S.C. 198; such covers manufactured by Gentex Commerce, U.S. Department of Com­ Corp. are acceptable. However, all ap­ E. O. 11239, July 31, 1965, 30 F.R. 9671, 3 CFR 1965 Supp. Treasury Department Orders merce, issued a charging letter to the proved protecting lifeboat covers manu­ 120, July 31, 1950, 15 F.R. 6521; 167-14, Nov. above respondent on August 20, 1965, factured after 10 January 1966, will bear 26, 1954, 19 F.R. 8026; 167-20, June 18, 1956, charging violations of the Export Con­ approval numbers. 21 F.R. 4894; CGFR 56-28, July 24, 1956, 21 trol Act and Regulations thereunder. 3. The following approvals have been F. R. 5659) The charging letter was served on the granted: Dated: February 24,1966. respondent and it filed an answer, but D e s a l t e r K i t did not request an oral hearing. An in­ [ seal] E. J. R oland, formal hearing was held before the Com­ Approval No. Ionac Chemical Co., Bir- Admiral, U.S. Coast Guard, 160.058/1/0. mingham, N.J., 08011. pliance Commissioner on December % Approval No. Van Brode Milling Co., Commandant. 1965, at which time evidence in support 160.058/2/0. Inc., Clinton, Mass., [F.R. Doc. 66—2280; Filed, Mar. 3, 1966; of the charges was presented on behalf 01510. 8:49 a.m.] of the Investigations Division. Th®

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3427

Compliance Commissioner has consid­ by the respondent in Vienna early in said consignee statement, the Officer of ered the record in the case, including March 1964. They were stored with a Export Control on December 31, 1964, defenses and mitigating circumstances forwarding firm in Vienna and were issued an export license authorizing the presented by respondent, and he has sub­ placed at the disposal of Metrafix. The exportation of the said commodities to mitted to the undersigned a written re­ turbometers were reexported from Aus­ Austria as country of ultimate destina­ port which includes findings of fact and tria to a Soviet Bloc country which was tion. Early in January 1965, the Office findings that violations have occurred. an unauthorized destination. of Export Control learned that Austria He has recommended that remedial ac­ 5. The respondent invoiced the tur­ was not the intended ultimate destina­ tion as hereinafter set forth be taken bometers to the firm Metrafix and re­ tion of the commodities in question but against the respondent. On considera­ ceived payment therefor. The financial that the intended destination was a So­ tion of the record I hereby make the aspects of the transaction were handled viet Bloc country. Thereupon, the said following findings of fact: by Trauzl in the regular course of its export license was revoked, and the ex­ 1. The respondent, Trauzl-Werke Ak- business, and it received the profit from portation was not made. tiengesellschaft, is a joint stock company the transaction. 10. In connection with the two trans­ with a place of business in Vienna, Aus­ 6. On September 15, 1964, the firm actions referred to in Findings 6 through tria. It is engaged in the business of Metrafix placed a written order with 9, the respondent was cooperative and manufacturing and exporting oil field Trauzl for 20 rotary drill bits valued at assisted the UJS. Government in prevent­ and deep drilling equipment of various approximately $35,000. On November 5, ing the exportation. kinds. In connection with its activities, 1964, Trauzl in writing ordered the iden­ Based on the foregoing, I have con­ it imports various types of equipment, tical items from a U.S. supplier. On cluded that the respondent: (1) Violated components, and accessories. The firm December 16, 1964, the managing direc­ § 381.5 of the U.S. Export Regulations in was nationalized some years ago, and it tor of Trauzl, on behalf of the company, that it made false representations to and is under control of the Austrian Govern­ furnished the U.S. supplier with a con­ concealed material facts from the Office ment. signee statement in which it was repre­ of Export Control, U.S. Department of 2. Early in November 1962 the re­ sented that the commodities in question Commerce, and the U.S. Collectors of spondent Trauzl received from the firm would be used in Austria and would not Customs in connection with the prepara­ Metrafix, Vaduz, Liechtenstein, an order be sold outside of Austria. The respond­ tion and use of export control documents for five 16-inch turbometers and certain ent knew that Austria was not the in­ for the purpose of effecting exportations accessories valued at approximately tended country of ultimate destination from the United States; (2) violated $78,000. On November 7, 1962, Trauzl and that the intended country of ulti­ §§381.2 and 381.6 of the U.S. Export placed a written order for the identical mate destination was a Soviet Bloc Regulations in that without specific au­ items with a U.S. supplier and furnished country. thorization from the Office of Export said supplier with a consignee statement 7. By application dated December 22, Control, U.S. Department of Commerce, in which it represented that the com­ 1964, the U.S. supplier applied for an it knowingly reexported and caused the modities would be used in Austria. The export license for the commodities re­ reexportation of U.S.-origin commodities U.S. supplier filed with the Office of Ex­ ferred to in the preceding finding and to an unauthorized destination contrary port Control, U.S. Department of Com­ in support thereof submitted the con­ to the terms of an export control docu­ merce, an application for an export signee statement furnished by respond­ ment and contrary to the respondent’s ent. In reliance on the representations license and in support thereof submitted prior representations, all contrary to the the consignee statement furnished it by in the said consignee statement, the provisions of the U.S. Export Regula­ the respondent. The license was issued Office of Export Control on December 29, but was revoked before the exportation 1964, issued an export license authorizing tions. was made. The license was revoked be­ the exportation of said commodities to In recommending the sanction that cause the U.S. Government was not satis­ Austria as country of ultimate destina­ should be imposed in this case the Com­ fied that the commodities would be used tion. Early in January 1965, the Office pliance Commissioner said: In Austria. of Export Control learned that Austria The violation as to the five turbometers 3. Subsequently, Trauzl represented to was not the intended ultimate destina­ was of a serious nature. After the Novem­ the U.S. Government that the turbome­ tion of the commodities in question, but ber 1962 export license was canceled by OEC, ters would be used in a proposed project that the intended destination was a Trauzl officials made very definite representa­ which was to be constructed in Austria. Soviet Bloc country. Thereupon, the tions to the U.B. Government that the turbo­ Trauzl agreed to make the turbometers said export license was revoked, and the meters would be used only in Austria. They exportation was not made. agreed to make the turbometers available available for physical inspection by U.S. for inspection by representatives of the U.S. representatives at any time, and it agreed 8. On August 26,1964, the firm Metra­ Government at any time, and they also In “ Proposed project did not go fix placed a written order with Trauzl for agreed that if the turbometers would not through it would return the turbometers drilling weight indicators with parts and be used in Austria for the proposed pipeline to the United States or request permis- accessories valued at approximately $35,- they would return them to the U.S. or rv?1* +V?01 authorities to reex­ 000. On October 26, 1964, Trauzl in request permission to reexport them to an port them to an approved destination, writing ordered the identical items from approved destination. The consignee state­ rauzl also furnished a new consignee a U.S. supplier. On December 14, 1964, ment also gave assurance of use in Austria. These written and oral representations were dated August 22, 1963, in the managing director of Trauzl, on be­ false, and the reexportation was in deliberate tt represented that commodities half of the company, furnished the U.S. disregard of the firm commitments and rep­ t o it ln reliance on said con- supplier with a consignee statement and resentations. statement would be usedt'bnly in in which it represented that the com­ The violations in Charges n and ELI are : tna and would not be sold outside modities in question would be used in much less serious than that in Charge I. Wa„A^tna. This consignee statement Austria and would not be sold outside of The respondent voluntarily disclosed the falsity of the consignee statements within I Thu S1^ned fry two directors of Trauzl. Austria. The respondent knew that i th. respondent knew at the time it made 2 weeks after they were submitted to the Austria was not the intended country of U.S. exporters. Although the licenses were i XJ 0reP ing representations that the ultimate destination and that the in­ issued, they were canceled shortly thereafter o r S l? ers were ^tended to be reex- tended country of ultimate destination on the basis of Information furnished by de2?,Jrom Austria to a Soviet Bloc was a Soviet Bloc country. respondent, and no exportations were made. Sanctions are imposed in cases of this type sentn«^101^ In reliance on the repre- 9. By application dated December 22, S ™ 8 from Trauzl as to the destina- primarily to bring about compliance with 1964, the U.S. supplier applied for an ex­ I end- n ^ the Office of Export the provisions of the applicable law and reg­ a license to the U.S. port license for the commodities referred ulations and for their deterrent effect on the to in the preceding finding and in sup­ respondent and other parties. In consider­ meters tJn? exP°rtation of the turbo- ing what sanction should be imposed, among 4 irS,to Trauzl in Austria, port thereof submitted the consignee the factors to be taken into consideration are from thf turbometers were exported statement furnished by respondent. In the respondent’s attitude concerning the vio­ I he United States and were received reliance on the representations in the lations and whether it can be expected that

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3428 NOTICES

in the future it will handle U.S. exportations with all requirements of the Export Con­ Maritime Administration in compliance with the requirements of our trol Act of 1949, as amended, and all [Docket No. S-191] law. The respondent has expressed its regret regulations, licenses, and orders issued for its participation in these illegal trans­ actions and has given assurances of com­ thereunder. AMERICAN PRESIDENT LINES, LTD. pliance in the future. It is also to be ob­ V. Upon a finding^by the Director, O f­ served that the individuals responsible for fice of Export Control, or such other offi­ Notice of Application the turbometer transaction are no longer cial as may be exercising the duties now Notice is hereby given that American connected with the firm. I believe that the exercised by him, that the respondent President Lines, Ltd., has filed applica­ necessary salutary effect will be achieved if has knowingly failed to comply with the tion for written permission under sec­ the respondent is denied export privileges for requirements and conditions of this or­ 6 months and thereafter placed on proba­ tion 805(a) of the Merchant Marine Act, tion for the balance of 2 years, and I rec­ der or with the conditions of probation, 1936, as amended, (1) for itself or a com­ ommend such sanction. said official at any time, with or with­ pany in which it has a pecuniary out prior notice to said respondent, by interest: Now, after considering the record in supplemental order, may revoke the pro­ (a) To carry cargo, passengers, and the case and the report and recommen- bation of said respondent, revoke all out­ mail between U.S. Pacific coast ports . dation of the Compliance Commissioner standing validated export licenses to and Hawaii on vessels that will operate and being of the opinion that his recom­ which said respondent may be a party, exclusively between the Pacific coast and mendation as to the sanction that should and deny to said respondent all export Hawaii in a service making up to 55 be imposed is fair and just and calculated privileges for a period up to 18 months. voyages per year; to achieve effective enforcement of the Such order shall not preclude the Bureau (b) To carry cargo between the U.S. law, it is hereby ordered: of International Commerce from taking Atlantic coast and Hawaii (by carriage I. All outstanding export licenses in further action for any violation as shall of containers from the East coast of which the respondent appears or partici­ be warranted. On the entry of a sup­ the United States to California on APL’s pates in any manner or capacity are plemental order revoking respondent’s Round-the-World and Atlantic/Straits hereby revoked and shall be returned probation without notice, it may file ob­ Service vessels, transferring containers forthwith to the Bureau of International jections and request that such order be to the Hawaiian Service or Trans-Pacific Commerce for cancellation. set aside, and may request an oral hear­ Freight Service vessels at California n . Except as qualified in Part IV ing, as provided in section 382.16 of the ports and by carriage of containers east- hereof, the respondent for a period of Export Regulations, but pending such bound by transferring containers from 2 years is hereby denied all privileges of further proceedings, the order of revoca­ the Hawaiian Service or Trans-Pacific participating, directly or indirectly, in tion shall remain in effect. Freight Service vessels to APL’s Atlantic/ any manner or capacity, in any transac­ VI. During the time when the re­ Straits Service vessels at California tion involving commodities or technical spondent or other person within the ports.) data exported from the United States in scope of this order is prohibited from (2) For American President Lines, whole or in part, or to be exported, or engaging in any activity within the scope Ltd., to carry cargo, passengers, and mail which are otherwise subject to the Ex­ of Part II hereof, no person, firm, cor­ between Hawaii and California on its port Regulations. Without limitation of poration, partnership, or other business Trans-Pacific Freight Service vessels the generality of the foregoing, partici­ organization, whether in the United operating on Trade Route No. 29. pation prohibited in any such transac­ States or elsewhere, without prior dis­ Interested parties may inspect this ap­ tion either in the United States or abroad closure to and specific authorization plication in the Office of Government shall include participation: (a) As a from the Bureau of International Com­ Aid, Maritime Administration, Room party or as a representative of a party merce, shall do any of the following acts, 4077, GAO Building, 441 G Street NW., to any validated export license applica­ directly or indirectly, in any manner or Washington, D.C. tion; (b) in the preparation or filing of capacity, on behalf of or in any associa­ Any person, firm or corporation hav­ any export license application or reex­ tion with the respondent or other person ing an interest (within the meaning of portation authorization, or document to denied export privileges within the scope section 805(a)) in such application and be submitted therewith; (c) in the ob­ of this order, or whereby the respondent desiring to be heard on issues pertinent taining or using of any validated or gen­ or such other person may obtain any to section 805(a), or to submit a written eral export license or other export con­ benefit therefrom or have any interest statement with reference to the applica­ trol documents; (d) in the carrying on or participation therein, directly or in­ tion, must, before the- close of business of negotiations with respect to, or in the directly: (su) Apply for, obtain, transfer, on March 14, 1966, make such submis­ receiving, ordering, buying, selling, de­ or use ahy license, Shipper’s Export sion, or notify the Secretary, Maritime livering, storing, using, or disposing of Declaration, bill of lading, or other ex­ Subsidy Board/Maritime Administration any commodities or technical data; (e) port control document relating to any in writing, in triplicate, and file petition in the financing, forwarding, transport­ exportation, reexportation, transship­ for leave to intervene which shall state ing, or other servicing of such commodi­ ment, or diversion of any commodity or clearly and concisely the grounds of in­ ties or technical data. technical data exported or to be exported terest, and the alleged facts relied on for in . Such denial of export privileges from the United States, by, to, or for relief. Notwithstanding anything to shall extend not only to the respondent, the respondent or other person denied § 201.78 of the rules of practice and pro­ but also to its successors, representatives, export privileges within the scope of this cedure, Maritime Subsidy Board/Man- agents, partners, and employees, and order; or (b) order, buy, receive, use, time Administration (46 CFR 201.78) also to any person, firm, corporation, or sell, deliver, store, dispose of, forward, petitions for leave to intervene received other business organization with which transport, finance, or otherwise service after the close of business March 14,1966, it now or hereafter may be related by or participate in any exportation, re­ will not be granted in this proceeding. affiliation, ownership, control, position exportation, transshipment, or diversion In the event a hearing is ordered to w of responsibility, or other connection in of any commodity or technical data ex­ held on the application under section the conduct of trade or services con­ 805(a), the purpose thereof will be to re­ nected therewith. „ ported or to be exported from the United States. ceive evidence relative to whether tne IV. Six months after the effective date proposed operation (a) could result ®, hereof, without further order of the Bu­ This order shall become effective on unfair competition to any person, finfti March 4,1966. reau of International Commerce, the re­ or corporation operating exclusively ®! spondent shall have its export privileges Dated: February 24,1966. the coastwise or intercoastal service o restored conditionally and thereafter for (b) would be prejudicial to the objec the remainder of the 2-year denial period R au e r H. M e y e r , and policy of the Act. . the respondent shall be on probation. Director, Office of Export Control. If no petitions for leave to interve j The conditions of such restoration are [F.R. Doc. 66-2219; Filed, Mar. 3, 1966; are received within the specified time, that the respondent shall fully comply 8:45 a.m.] if it is determined that petitions filed j

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3429 not demonstrate sufficient interest to EASTMAN CHEMICAL PRODUCTS, INC. ROHM & HAAS CO. warrant a hearing, the M aritim e Subsidy Board/Maritime Administration will take Notice of Filing of Petition for Food Notice of Filing of Petition for Food such action as may be deemed appro­ Additive Partially Oxidized Poly­ Additives priate. ethylene Pursuant to the provisions of the Fed­ Dated: February 28, 1966. Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. eral Food, Drug, and Cosmetic Act (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 By order of the Maritime Subsidy 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 (b) (5 )), notice is given that a petition Board/Maritime Administration. (b) (5 )), notice is given that a petition (FAP 6A1954) has been filed by Rohm J am es S. D a w s o n , Jr., (FAP 6A1938) has been filed by Eastman & Haas Co., Independence Mall West, Secretary. Chemical Products, Inc., Kingsport, Philadelphia, Pa., 19105, proposing that § 121.1148 Ion-exchange resins be [F.R. Doc. 66-2272; Filed, Mar. 3, 1966; Term., 37660, proposing the issuance of a 8:48 a.m.] regulation to provide for the safe use of amended to provide for the safe use of partially oxidized polyethylene as a pro­ ion-exchange resins made by aminolyz- tective coating or component of coatings ing with dimethylaminopropylamine for fresh fruits and vegetables in an the copolymer of methyl acrylate, divinyl DEPARTMENT OF HEALTH, EDUCA­ amount not to exceed good manufactur­ benzene and, optionally, diethylene gly­ ing practice. col divinyl ether arranged in series with TION, AND WELFARE a weakly or strongly acidic cation-ex­ Dated: February 24, 1966. Food and Drug Administration change resin, or mixtures thereof, iden­ J .K . K ir k , tified in § 121.1148(a) (1), (2 ), (4) , (9), AMERICAN CYANAMID CO. Assistant Commissioner (10), and (11) for removing undesirable for Operations. anions and cations from water or Notice of Filing of Petition for Food aqueous foods. Additive Sulfaethoxypyridazine [F.R. Doc. 66-2252; Filed, Mar. 3, 1966; 8:46 a m .] Dated: February 23, 1966. Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. J. K . K ir k , W. R. GRACE & CO., DAVISON Assistant Commissioner 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 CHEMICAL DIVISION (b)(5)), notice is given that a petition for Operations. (PAP 6D1920) has been filed by Ameri­ Notice of Filing of Petition for Food [F.R. Doc. 66-2255; Filed, Mar. 3, 1966; can Cyanamid Co., Post Office Box 400, Additive Silicon Dioxide 8:46 am .] Princeton, N.J., 08540, proposing that §121.280 Sulfaethoxypyridazine be Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. amended to provide for the safe use of WYANDOTTE CHEMICALS CORP. sulfaethoxypyridazine for cattle admin­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 istered in drinking water, feed, or tablets, (b) (5 )), notice is given that a petition Notice of Filing of Petition for Food or as an injection, for treatment of ship­ (FAP 6A1958) has been filed by W . R. Additives Sanitizing Solutions ping fever, pneumonia, foot rot, coccidi- Grace & Co., Davison Chemical Division, osis, calf diphtheria, calf scours, calf Baltimore, Md., 21203, proposing that Pursuant to the provisions of the Fed­ pneumonia, and bacterial septicemias § 121.1058 Silicon dioxide be amended to eral Food, Drug, and Cosmetic Act (sec. accompanying mastitis and metritis. provide for the safe use of silicon dioxide 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 as an anticaking agent in food at a level (b) (5 )), notice is given that a petition Dated: February 23, 1966. not to exceed 2 percent by weight of the (FAP 4H1443) has been filed by W yan­ J. K . K ir k , finished foods. ^ dotte Chemicals Corp., Wyandotte, Mich., Assistant Commissioner Dated: February 23, 1966. ( 48192, proposing an amendment to for Operations. § 121.2547 Sanitizing solutions to provide J .K . K ir k , IFA. Doc. 66-2250; Filed, Mar. 3, 1966; for the safe use of an aqueous solution 8:46 am .] Assistant Commissioner containing 400 parts per million of for Operations. dodecylbenzene sulfonic acid, as a sani­ E. I. DU PONT DE NEMOURS & CO., £F.R. Doc. 66-2253; Filed, Mar. 3, 1966; tizing solution for food-processing equip­ 8:46 a.m.] ment and utensils. INC. Dated: February 23,1966. Notice of Filing of Petition for Food McLa u g h l in g o r m l e y k in g c o . Additives Adhesives J. K . K ir k , Notice of Filing of Petition for Food Assistant Commissioner Pursuant to the provisions of the Fed- Additives for Operations. eml Food, Drug, and Cosmetic Act (sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 Pursuant to the provisions of the Fed­ £F.R. Doc. 66-2256; Filed, Mar. 3, 1966; 2* n°tice is given that a petition eral Food, Drug, and Cosmetic Act (sec. 8:46 am .] (PAP 6B1960) has been filed by E. I. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 au Pont de Nemours & Co., Inc., 1007 (b) (5 )), notice is given that a petition market Street, Wilmington, Del., 19898, (FAP 6H1946) has been filed by Mc­ YAWATA IRON & STEEL CO.r LTD. that § 121.2520 Adhesives be Laughlin Gormley King Co., 1715 South­ Uv!6#' n proyide f°r the safe use of east Fifth Street, Minneapolis, Minn., Notice of Filing of Petition for Food . , . owing additional substances as 55414, proposing the issuance of a regu­ Additives Surface Lubricants oraanal components of food-packaging lation to provide for the safe use of a combination of N-octylbicycloheptenedi- Pursuant to the provisions of the Fed­ carboximide, piperonyl butoxide, and eral Food, Drug, and Cosmetic Act (sec. Lier^RX!!ÎÎnone ^ lfo n ic acid, sodium salt. pyrethrins as an insecticide in areas used 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 K S 'S * rIPiroo“tMho1- for processing and storing foods, except (b )(5 )), notice is given that a petition Phenothlazine. meats, dairy products, and other fatty (FAP 6B1974) has been filed by Yawata Potassium femcyanide. foods. Iron & Steel Co., Ltd., 375 Park Avenue, New York, N.Y., 10022, proposing an Dated: February 24, 1966. Dated: February 23,1966. amendment to § 121.2531 Surface lubri­ J. K . K ir k , J. K . K ir k , cants used in the manufacture of metallic Assistant Commissioner Assistant Commissioner articles to provide for the safe use of di­ for Operations. for Operations. n-octyl sebacate in surface lubricants Doc* 80-2251; Filed, Mar. 3, 1966; [F.R. Doc. 66-2254; Filed, Mar. 3, 1966; used so that the total residual lubricant 8:46 a.m.] 8:46 am .] does not exceed 0.015 milligram per

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3430 NOTICES

square inch of metallic food-contact (W A K X ), Superior, Wis., Docket No. longer a debtor-in-possession under­ surface. 16477, File No. BP-16497, has: 1320 kc, going a voluntary arrangement with Dated: February 23, 1966. 1 kw, day, Class III, requests: 970 kc, creditors under Chapter X I of the Bank­ 500 w, day, Class HI, for construction ruptcy Act. It has been adjudicated J . K . K i r k , permit. Arthur A. Cirilli, trustee in bankrupt and is being liquidated by the Assistant Commissioner bankruptcy (assignor), and D. L. K. trustee. Neither Haig nor Radio Supe­ for Operations. Broadcasting Co., Inc. (assignee), Docket rior, Inc., owns the broadcast equipment [F.R. Doc. 66-2257; Filed, Mar. 3, 1966; No. 16478, File No. BAL-5627, BA LR E - and antenna site of WIGL. In short, 8:46 a.m.] 1336, for assignment of license of Station Haig is no longer associated with the sta­ W IG L (including AM remote pickup tion and is not receiving any compensa­ KG-5235). tion or benefit from the proposed trans­ GEIGY CHEMICAL CORP. 1. The Commission has before it for fer. Therefore, this is not a case in Notice of Filing of Petition for Food consideration the above applications and which a licensee who is guilty of misuse matters related thereto. of a license or other misconduct attempts Additive Ethyl 4,4'-Dichlorobenzilate 2. A chronology of pertinent events to transfer the license to avoid the con­ Pursuant to the provisions of the Fed­ follows. The original license for Station sequences of his acts. No public interest eral Food, Drug, and Cosmetic Act (sec. W IG L was issued to Radio Superior, Inc., would be served by a hearing on the 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 for a term ending December 1,1964. The qualifications of Haig or his right to a (b )(5 )), notice is given that a petition above renewal application was filed No­ renewal of license. In reaching this (FAP 6H1980) has been filed by Geigy vember 9, 1964. The next day Radio • conclusion, we do not intend, thereby, to Chemical Corp., Post Office Box 430, Yon­ Superior was adjudicated bankrupt. .On abandon the Commission’s basic policy kers, N.Y., 10702, proposing the issuance December 3, 1964, the Commission that consent to an assignment or a trans­ of a food additive regulation establishing granted an involuntary assignment of li­ fer of control of a licensee is contingent a tolerance of 15 parts per million for cense (File No. BAL-5295) to Charles R. upon a finding that the licensee is quali­ residues of ethyl 4,4'-dichlorobenzilate Larsen, trustee in bankruptcy. Subse­ fied to receive a renewal.2 However, in dried tea resulting from application of quently, Larsen resigned and the Com­ where the licensee is in the hands of a the insecticide to growing tea. mission granted an assignment to his trustee in bankruptcy and is already in successor, Arthur A. Cirilli. On Decem­ Dated: February 24,1966. the process of liquidation, strick enforce­ ber 14,1964, Quality Radio filed its appli­ ment of the policy will not serve the J. K . K ir k , cation for a construction permit seeking public interest. Assistant Commissioner the frequency now assigned to W IGL. 4. In the situation described above, we for Operations. The application was “cut off” on April believe the best course is to compare the [F.R. Doc. 66-2287; Filed, Mar. 3, 1966; 1, 1965.1 On July 26, 1965, after having qualifications of D. L. K. Broadcasting 8:49 a.m.] been silent since March of 1964, W IG L Co. and Quality Radio, Inc. The func­ resumed broadcasting with D. L. K. tion of the trustee is not to continue as Broadcasting Co., Inc., managing the licensee but to dispose of the station for station under an employment contract the benefit of creditors. Any meaning­ FEDERAL COMMUNICATIONS with the trustee. On August 11, 1965, ful comparison must therefore be be­ James G. Haig, Radio Superior’s sole tween the prospective assignee and COMMISSION stockholder, was sentenced to 1 year’s Quality Radio, Inc.— rather than be­ probation in the U.S. District Court for [Docket No. 16468; FOC 66M-302] tween Quality Radio and the present the Northern District of Illinois after licensee or Quality Radio and Haig. E. B. CHRISTOPHER pleading guilty to an indictment specify­ 5. James P. Deegan is treasurer and a Order Scheduling Hearing ing 16 counts of mail fraud and 5 counts one-third owner of D. L. K. Broadcasting. of fraud by radio in violation of sections In addition, he is president and 99 per­ In the matter of E. B. Christopher, 1341 and 1343, Title 18, United States cent owner of Ishpeming Broadcasting Howe, Tex., Docket No. 16468; order to Code. The acts for which Haig was con­ Co., the licensee of Station WJPD, show cause why the license for radio victed took place during the license pe­ Ishpeming, Mich. On May 6, 1965, station KEH-6538 in the Citizens Radio riod. The joint application for assign­ WJPD was inspected by members of the Service should not be revoked. ment of license to D. L. K. Broadcasting Commission’s Field Engineering Bureau It is ordered, This 28th day of Febru­ was filed October 29, 1965. and, as a result, an official notice of viola­ ary 1966, that David I. Kraushaar shall 3. In addition to the criminal convic-. tion was issued on May 25, 1965, citing serve as presiding officer in the above- tion noted above, the Commission has the licensee for. numerous apparent vio­ entitled proceeding; and that the hear­ information which raises a question as lations of the Commission’s rules. ing therein shall be convened in Dallas, to the accuracy of financial statements Among other things, the inspection re­ Tex., at 10 a.m., March 18,1966. filed by Haig in connection with WTGL’s vealed that on numerous occasions Released: March 1, 1966. applications for construction permit and routine operation of the station trans­ station license. Under ordinary circum­ F ederal C ommunications mitter was performed by persons who stances, information of this nature would did not hold at least the required radio­ C o m m is s io n , warrant further inquiries into Haig’s [ s e a l ] B e n F. W a p l e , telephone third class permit with broad­ conduct, and might require a hearing to Secretary. cast endorsement. Specifically, John determine whether a renewal of license Foster Reidy performed routine opera­ [F.R. Doc. 66-2291; Filed,, Mar. 3, 1966; should be granted. However, we do not tion on a regular basis from 1, 8:49 a.m.] March believe that course is useful here. For 1965, through March 27, 1965, as well as all practical purposes Haig ceased oper­ at other times in February and April [Docket Nos. 16476-16478, FCC 66-183] ating W IG L when it went silent in 1965. William Noel Argali also per­ ARTHUR A. CIRILLI ET AL. March of 1964. Radio Superior is no formed routine operation at various times during the period of December Memorandum O pinion and Order 1 Under the note to sec. 1.227(b) of the 1964 through April 1965. Apparently, Designating Applications for Con­ Commission’s rules, the Quality Radio pro­ this activity was in violation of § 73.93(b) solidated Hearing on Stated Issues posal was entitled to protected status only as of the Commission’s rules. The most against late-filed construction permit appli­ serious violations involved the operating In re applications of Arthur A. Cirilli, cations for new stations or major changes, power of the station. WJPD is licensed trustee in bankruptcy (W IG L ) Superior, since our “cut off” procedures were adopted for the purpose of eliminating repetitious as a Class IV station on 1240 kilocycles Wis., Docket No. 16476, File No. BR-4080, with 1 kilowatt power from local sunrise BRRE-7740, has licenses; 970 kc, 500 w, engineering studies prior to consolidation of applications involving destructive, or inter­ to local sunset and 250 watts at night. day, Class III, for renewal of license of linking electrical interference. In re amend­ Station W IG L (including AM remote ment of secs. 1.106(b), 1.354, and 1.361(b), 2 WOKO, Inc. (W O K O ), 3 RR 1061 (1947)) pickup KG-5235). Quality Radio, Inc. 18 R.R. 1565. G. A. Richards, 5 RR 1292 (1950).

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3431

[Docket No. 15835 etc.; FOG 66M-294] The operating logs of the station dis­ pearance stating an intention to appear closed that on at least 20 days during the on the date fixed for the hearing and LEBANON VALLEY RADIO ET AL. period of December 1964 through April present evidence on the issues specified 1965 the power of W JPD was apparently in this order. Order Regarding Procedural Dales It is further ordered, That the appli­ maintained at 1 kilowatt before sunrise In re applications of Arthur K. cants herein shall, pursuant to section or after sunset for varying lengths of Greiner, Glenn W. Winter, William W. 311(a) (2) of the Communications Act of time. These violations reflect adversely Rakow, and Robert M. Lesher, doing 1934, as amended, and § 1.594 of the upon the nature of control or supervision business as Lebanon Valley Radio, Leba­ Commission’s rules, give notice of the exercised by Deegan over the operation non, Pa., Docket No. 15835, Bile No. B P - hearing, either individually or, if feasible of the station during that period. Ac­ 16098; John E. Hewitt, Thomas A. Ehr- and consistent with the rules, jointly, cordingly, an issue will be specified to good, Clifford A. Minnich, and Fitzgerald within the time and in the manner pre­ permit consideration of these matters. C. Smith, doing business as Cedar Broad­ scribed in such rule, and shall advise the 6. Except as indicated by the issues casters, Lebanon, Pa., Docket No. 15836, Commission of the publication of such specified below, Quality Radio, Inc., and File No. BP-16103; Catonsville Broad­ notice as required by § 1.594(g) of the D. L. K. Broadcasting Co., Inc., are quali­ casting Co., Catonsville, Md., Docket No. fied. A hearing will be held to compare rules. N 15838, File No. BP-16105; Radio Catons­ It is further ordered, That, in the their qualifications. Since a grant of ville, Inc., Catonsville, Md., Docket No. event of a grant of the application of Quality Radio’s proposal would result in 15839, File No. BP-16106; Commercial Quality Radio, Inc., the construction per­ cessation of its present operation on Radio Institute, Inc., Catonsville, Md., mit shall contain the following condi­ 1320 kilocycles—thereby reducing the Docket No. 15840, File No. BP-16107; for number of AM stations in Superior from tion: construction permits. four to three— a determination must be Pending a final decision in Docket No. A hearing conference was held today made as to whether the resultant reduc­ 14419 with respect to presunrise operation to consider the further course of this tion of public service would be in the with daytime facilities, the present provi­ proceeding. Formalizing instructions sions of section 73.87 of the Commission’s public interest. A determination will and agreements specified in greater de­ also be made as to whether a grant of the rules are not extended to this authorization, and such operation is precluded. tail in the transcript of today's session: D. L. K. Broadcasting application would It is ordered, This 25th day of February be in the public interest in light of the Adopted: February 23,1966. 1966, that further hearing will get under matters noted in the preceding para­ Released: March 1,1966. way at 10 a.m. on April 1, 1966, here in graph. If Quality Radio prevails in the Washington, D.C., to consider new proof hearing, it will be awarded a construc­ F ederal C ommunications on the 307(b) issues recently added to tion permit and the renewal application C o m m is s io n ,* this proceeding and on the financial will be denied in this proceeding. If [ s e a l] B e n F . W a p l e , qualifications question relating to Leba­ D. L. K. prevails, the assignment will be Secretary. non Valley Radio. All written material approved and a renewal of license [F.R. Doc. 66-2292; Piled, Mar. 3, 1966; expected to be introduced into evidence granted to that party. 8:50 a.m.] must be distributed among all the other Accordingly, U is ordered, That, pursu­ parties to this proceeding by the close of ant to section 309 (e) of the Communica­ [Docket No. 16508; FCC 66M-303] business on March 18. The usual wit­ tions Act of 1934, as amended, the above- ness notification procedures are available captioned applications of Quality Radio, ABLE PAGING SERVICE and notice must be given no later than Inc., for construction permit, and of by the close of business on March 29. Arthur A. Cirilli for assignment of the Order Regarding Procedural Dates license of Station W IG L are designated Released: February 28,1966. for hearing in a consolidated proceeding,* In re application of Columbia Tele­ phone Answering Service, Inc., doing F ederal C ommunications at a time and place to be specified in a C o m m is s io n , subsequent order, upon the following business as Able Paging Service, Docket No. 16508, File No. 2587-C2-P-65; for a [ s e a l ] B e n F . W a p le , issues:, Secretary. 1. To determine whether a grant of construction permit to establish new the application of Quality Radio, Inc., facilities in the Domestic Public Land [F.R. Doc. 66-2294; Filed, Mar. 3, 1966; 8:50 ajn .] would be in the public interest in light Mobile Radio Service at Columbia, S.C. of the fact that it would reduce the num­ To formalize the agreements and rul­ ber of stations presently assigned to Su­ ings made on the record at a prehearing [Docket No. 16070; FCC 66M-295] perior, Wis. conference held on February 28, 1966 in the above-entitled matter concerning the COMMUNICATIONS SATELLITE 2. To determine, in view of the record CORPORATION of operation of Station WJPD, whether future conduct of this proceeding; it would be in the public interest to grant It is ordered, This 28th day of Feb­ Order Continuing Prehearing the application of D. L. K. Broadcasting ruary 1966, that: Conference Co., Inc. Exchange of exhibits and notification 3. To determine, in the event the fore­ of witnesses to be presented in the affirm­ In the matter of Communications going issues are answered in the affirma­ ative case is scheduled for March 22, Satellite Corporation, Docket No. 16070; tive, which of the applications would 1966; charges, practices, classifications, rates, better serve the public interest. Notification of witnesses for cross- and regulations for and in connection examination is scheduled for March 29, Tb determine, in the light of the with the leasing of voice grade and tele­ evidence adduced pursuant to the fore­ 1966; ^ vision channels to common carriers au­ going issues, which, if either, of the ap­ Exchange of rebuttal exhibits, if any, thorized by the Federal Communications plications should be granted. is scheduled for April 5, 1966; Commission, between Andover, Maine, Hearing presently scheduled for March If is further ordered, That, to avail and a communications-satellite in con­ r^ f^ v e s of the opportunity to be 30, 1966 is continued to April 13, 1966. nection with the establishment of com­ munication paths between points in the 8ioTi< aPPUcants shall, pursuant to Released: March 1,1966. s .¿21(c) of the Commission’s rules, in United States and Europe for the trans­ F ederal C ommunications mission and reception of voice, record, P5SOn E? by Attorney, within 20 days of C o m m is s io n , p^P^Ailing of this order, file with the data, telephoto, facsimile, television, and [ s e a l] B e n F . W a p l e , mnussion in triplicate, a written ap- other signals. Secretary. The Hearing Examiner having under consideration a “Motion To Reschedule als® consolidate the renew [F.R. Doc. 66-2293; Filed. Mar. 3, 1966; 8:50 a.m .] Prehearinr Conference” filed February action n Ior the sole purpose of pern in aconrn SUCl1 APPhoatton by the ext 24, 1966, by the Chief, Common Carrier m «««»dance with pax. 6, above. « Commissioner Bartley absent. Bureau, Federal Communications Com-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3432 NOTICES mission, in the above-entitled matter, near Brighton, HI.; Docket No. 16519, It appearing that the aforesaid coun­ and File No. 4625-C1-P-64; for a construction sel has been appointed by the Court of It appearing that good cause has been permit to establish new facilities in the Appeals to represent three indigent shown for the extension requested and Domestic Public Point-to-Point Micro- criminal appellants and that counsel for that each of the parties named in the wave Radio Service at St. Louis, Mo. both applicants urgently need a continu­ proceeding has no objection, At today’s prehearing conference ance of the current March 8 hearing date It is ordered, This 25th day of Febru­ among other things the hearing was re­ owing to the press of other business; ary 1966, that the aforesaid motion is scheduled from March 31 to June 1,1966. It is ordered, This 25th day of Feb­ granted and that the further prehear­ A complete schedule will be set by a later ruary 1966, that the date for commence­ ing conference now scheduled to com­ order. ment of hearing is changed from March 8 mence on March 1, 1966, is rescheduled So ordered, This 25th day of February to April 11, 1966, and that exhibits in the to commence at 10 a.m., March 17, 1966, 1966. direct cases will be exchanged by March in the Commission’s offices, Washington, 25, 1966. - • D.C. Released; February 28, 1966. Released: February 28, 1966. Released: February 28,1966. ^ F ederal C ommunications C o m m is s io n , F ederal C ommunications édéral ommunications F C [ s e a l ] B e n F. W a p l e , C o m m is s io n , C o m m is s io n , Secretary. [ s e a l ] B e n F. W a p l e , [ s e a l] B e n F. W a p l e , Secretary Secretary. [F.R. Doc. 66-2296; Filed, Mar. 3, 1966; 8:50 a.m.] [F.R. Doc. 66-2298; Filed, Mar. 3, 1966; [F.R. Doc. 66-2295; Filed, Mar. 3, 1966; 8:50 a.m.] 8:50 a.m.] [Docket No. 15450; FCC 66M-299] [Docket No. 14368 etc.; FCC 66M-293] [Docket Nos. 16509-16519; FCC 66M-296] MIDWEST TELEVISION, INC. MICROWAVE COMMUNICATIONS, Order Scheduling Hearing SYRACUSE TELEVISION, INC., ET AL. INC. Conference Order Continuing Hearing Statement and Order After In re application of Midwest Televi­ In re applications of Syracuse Tele­ Prehearing Conference sion, Inc., Springfield, HI., Docket No. vision, Inc., Syracuse, N.Y., Docket No. 15450, File No. BPCT-2846; for construc­ 14368, File No. BPCT-2924; W. R. G. In re applications of Microwave Com­ tion permit for new television broadcast munications, Inc., Docket No. 16509, File Baker Radio & Television Corp., Syra­ station. cuse, N.Y., Docket No. 14369, File No. No. 4615-C1-P-64; for a construction It appearing that the stay of eviden­ permit to establish new facilities in the BPCT-2930; Onondaga Broadcasting, tiary hearing in this proceeding granted Inc., Syracuse, N.Y., Docket No. 14370, Domestic Public Point-to-Point Micro- by the Review Board, FCC 65R^399, has wave Radio Service at Chicago, HI.; File No. BPCT-2931; Wage, Inc., Syra­ been vacated by an order of the Com­ cuse, N.Y., Docket No. 14371, File No. Docket No. 16510, File No. 4616-C1-P-64; mission (FCC 66-146) released Febru­ for a construction permit to establish BPCT-2932; Syracuse Civic Television ary 18, 1966; Association, Inc., Syracuse, N.Y., Docket new facilities in the Domestic Public Accordingly, it is ordered, This 28th Point-to-Point Microwave Radio Service No. 14372, File No. BPCT-2933; Six Na­ day of February 1966, on the Hearing tions Television Corp., Syracuse, N.Y., at Joliet, HI.; Docket No. 16511, File No. Examiner’s own motion, that a hearing 4617-C1-P-64; for a construction permit Docket No. 14444, File No. BPCT-2957; conference will be held on March 8,1966, Salt City Broadcasting Corp., Syracuse, to establish new facilities m the Domestic at 9 a.m., in the offices of the Commis­ Public Point-to-Point Microwave Radio N.Y., Docket No. 14445, File No. BPCT- sion at Washington, D.C., to consider 2958; George P. Hollingbery, Syracuse, Service near Newark, 111.; Docket No. resumption of the hearing and such 16512, File No. 4618-C1-P-64; for a con­ N.Y., Docket No. 14446, File No. BPCT- other appropriate matters as counsel may 2968; for construction permits for new struction permit to establish new facili­ broach. ties in the Domestic Public Point-to- television broadcast stations. Point Microwave Radio Service at Strea- Released: March 1,1966. The Hearing Examiner having under tor, HI.; Docket No. 16513, File No. consideration a joint motion by all the F ederal C ommunications 4619-C1-P-64; for a construction permit applicants save one, filed in the above- C o m m is s io n , to establish new facilities in the Domestic entitled proceeding on February 25,1966, [ s e a l] B e n F . W a p l e , requesting a further continuance of the Public Point-to-Point Microwave Radio Secretary. Service near Gridley, HI.; Docket No. hearing, from February 28 until March 16514, File No. 4620-C1-P-64; for a con­ [F.R. Doc. 66-2297; Filed, Mar. 3, 1966; 31; struction permit to establish new facili­ 8:50 a.m.] It appearing that an unexpected de­ ties in the Domestic Public Point-to- velopment has just occurred which Point Microwave Radio Service near necessitates changes in the dropout and Bloomington, HI.; Docket No. 16515, File [Docket No. 16253 etc.; FCC 66M-297] merger agreement the parties were ne­ No. 4621-C1-P-64; for a construction KEITH L. REISING ET AL. gotiating, before the agreement could be permit to establish new facilities in the submitted to the Commission for ap­ Domestic Public Point-to-Point Micro- Order Continuing Hearing proval; that the moving parties believe wave Radio Service at Elkhart, HI.; the outstanding problems can all be re­ Docket No. 16516, File No. 4622-C1-P-64; In re applications of Keith L. Reising, solved and the agreement filed before for a construction permit tg establish Louisville, Ky., Docket No. 16253, File No. the end of March; and that the Com­ new facilities in the Domestic Public BPH-42P7; Kentucky Central Broadcast­ mission’s Broadcast Bureau, as well as Point-to-Point Microwave Radio Service ing, Inc., Louisville, Ky., Docket No. the remaining applicant which has not near Springfield, 111.; Docket No. 16517, 16254, File No. BPH-4345; Kentuckiana joined in the motion, the only other File No. 4623-C1-P-64; for a construction Television, Inc., Louisville, Ky., Docket parties to thu~ proceeding, both consent permit to establish new facilities in the No. 16423, File No. BPH-5120; for con­ to the requested postponement of the Domestic Public Point-to-Point Micro- struction permits. hearing; wave Radio Service near Girard, 111.; The Hearing Examiner having under It is ordered, This 25th day of Feb­ Docket No. 16518, File No. 4624-C1-P-64; consideration a letter dated February 24, ruary 1966, that the joint motion for for a construction permit to establish 1966, from counsel for Kentuckiana Tele­ continuance of the hearing is hereby new facilities in the Domestic Public vision, Inc., stating a joint request for a granted, and the hearing is rescheduled Point-to-Point Microwave Radio Service change of hearing date; and will be convened at 10 a.m.» 011

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3433

Thursday, March 31, 1966, at the Com­ of Hearing Examiners at a date and in the F ederal R e g ist e r . A copy of any mission’s offices, Washington, D.C. place to be announced by the Chief such statement should also be forwarded Examiner. to the party filing the agreement (as in­ Released: February 28, 1966. It is further ordered, That notice of dicated hereinafter), and the comments F ederal C ommunications this order be published in the F ederal should indicate that this has been done. C o m m is s io n , R eg ister and a copy thereof and notice Notice of agreement filed for approval [ s e a l ] B e n F. W a p l e , of hearing be served upon respondent, by: Secretary. Foreign Freight Forwarders, Inc. Kominers & Fort, Tower Building, 1401 K It is further ordered, That any persons, [P.R. Doc. 66-2299; Filed, Mar. 3, 1966; Street NW., Washington, D.C., 20005. 8:50 ajn .] other than respondent, who desire to be­ come a party to this proceeding and to Agreement No. T-1721-1 between the participate therein, shall file a petition to State of Connecticut (State) and the intervene with the Secretary, Federal Connecticut Terminal Co., Inc. (Ter­ Maritime Commission, Washington, D.C., minal Operator), modifies the basic FEDERAL MARITIME COMMISSION 20573, with a copy to respondent, on or agreement which provides for the lease [Docket No. 66-10] before March 15, 1966, and; and operation of New London State Pier It is further ordered, That all future No. 1, New London, Conn. The purpose [Independent Ocean Freight Forwarder notices issued by or on behalf of the of the modification is to permit the Ter­ License Application 175] Commission in this proceeding, including minal Operator to purchase equipment FOREIGN FREIGHT FORWARDERS, notice of time and place of hearing or and machinery necessary for the proper INC. prehearing conference, shall be mailed operation of the pier by withdrawing directly to all parties of record. funds from the operating account which Proceeding Instituted [ s e a l ] T h o m a s L i s i , is defined in the basic agreement. By letter dated January 17, 1966, For­ Secretary. Dated: March 1,1966. eign Freight Forwarders, Inc., 14 Van- [F.R. Doc. 66-2300; Filed, Mar. 3, 1966; By order of the Federal Maritime derventer Avenue, Port Washington, 8:50 a.m.] Commission. N.Y., was notified of the Federal Mari­ T h o m a s L i s i , time Commission’s intent to deny its ap­ Secretary. plication for an independent ocean STATE OF CONNECTICUT AND freight forwarder license. The ground [F.R. Doc. 66-2301; Filed, Mar. 3, 1966; for denial is that the sole owner of CONNECTICUT TERMINAL CO.f INC. 8:50 a.m.] Foreign Freight Forwarders, Inc., ap­ Notice of Agreement Filed for pears to be a shipper of merchandise Approval to foreign countries and therefore is not FEDERAL POWER COMMISSION qualified to be licensed as an independent Notice is hereby given that the follow­ [Docket No. RI66-300] ocean freight forwarder as defined in ing agreement has been filed with the section 1, Shipping Act, 1916 (46 U.S.C. Commission for approval pursuant to PERRY R. BASS Et AL. 801). Applicant has now requested the section 15 of the Shipping Act, 1916, as opportunity to show at a hearing that amended (39 Stat. 733, 75 Stat. 763, 46 Order Conditionally Accepting Rate denial of the application would be un­ U.S.C. 814). Filing, Providing for Hearing on warranted. Interested parties may inspect and ob­ and Suspension of Proposed Therefore, it is ordered, Pursuant to tain a copy of the agreement at the Changes in Rates sections 22 and 44 of the Shipping Act, Washington Office of the Federal Mari­ 1916 (46 U.S.C. 831, 841b)Vthat a pro- time Commission, 1321 H Street NW., F e b r u a r y 25,1966. ce,ed£g is hereby instituted to determine Room 301; or may inspect agreements at On January 28, 1966, Perry R. Bass whether applicant qualifies for a license the offices of the District Managers, New (Operator), et al. (Bass),1 tendered for pursuant to sections 1 and 44 of the York, N.Y., New Orleans, La., and San filing a proposed change in their pres­ Snipping Act, 1916 (46 U.S.C. 801, 841b). Francisco, Calif. Comments with refer­ ently effective rate schedule for sales of it ts further ordered, That Foreign ence to an agreement including a request natural gas subject to the jurisdiction weight Forwarders, Inc., be made re- for hearing, if desired, may be submitted of the Commission. The proposed spondent in this proceeding and that the to the Secretary, Federal Maritime Com­ change, which constitutes increased «alter be assigned for hearing before mission, Washington, D.C., 20573, within rates and charges, is designated as an examiner of the Commission’s Office 20 days after publication of this notice follows:

E ffe c tiv e Cents per M cf R a te in R a te Sup­ D o c k e t A m o u n t D a te date D a te sus- effect sub­ Respondent sched­ p le ­ No.■ Purchaser o f annual and producing area filin g unless p en ded ject to u le m e n t increase ten dered sus­ u n til— R a te in P rop o sed refu n d in N o . N o . p en d ed effect increased d o ck et rate N o s .

RI66-300__ Perry R. Bass (Oper­ 6 7 Transwestem Pipeline Co. (Keystone $366,925 ator), et al., 1210 1-28-66 s 2-28-66 7-28-66 « • 18.0 » * * 20.5 Plant Area, Winkler, Crane, Ward Fort Worth Na­ 6,200 ‘ 7 16.0 “ 7 18.5 and Reeves Counties, Tex.) (R.R. tional B an k B ld g ., District No. 8 and Bell Lake Field, Fort W o rth , T e x ., Lea County, N. Mex.) (Permian 76102, A ttn .: M r . Basin Area). Roy T. Durst.

2 Thn «4.1 I * Periodic rate inerì*« ate “ the lst day after expiration of the statutory notice. • Rate for gas delivered from the Keystone Plant (Winkler, Crane, Ward, and Reeves Counties, Tex.). . 7 Rate for gas delivered from the Bell Lake Field (Lea County, N . M ex.). I ate certificated in O p in ion N o . 328, issued A u g . 10,1959.

notw the statutory Gas Act to permit an earlier effective to Transwestern Pipeline Co. in the become their rate increases to date for Bass’ rate filing and such re­ Permian Basin Area of Texas and New c i t « CSVe 88 o f January 28, 1966, quest is denied. Mexico. The proposed increased rates C e U d fQthaV? been entttled to tte Bass, a producer-respondent in the exceed the applicable area base rates of the extractmmSinCe S o m b e r 1, 1965, Permian Basin Opinion No. 468, proposes 14.5 cents and 16.5 cents for the Permian Good 4 a nu?:lly proyided effective date. periodic increased rates from 18.0 cents waiving0thp i f * not been shown for and 16.0 cents to 20.5 cents and 18,5 1 Address is: 1210 Forth Worth National Provided in c30' day n°tice requirement cents per Mcf, amounting to $366,925 Bank Bldg., Fort Worth, Tex., 76102, Atten­ d in section 4(d) of the Natural and $6,200, respectively, for sales of gas tion: Mr. Roy T. Durst.

FEDERAL REGISTER, V O I. 31, NO. 43— FRIDAY, MARCH 4, 1966 No. 43- 3434 NOTICES

Basin Area of Texas and 13.5 cents per [Docket No. CP65-210] F.R. 14823), which amendment requests Mcf, plus local and State production NORTHERN NATURAL GAS CO. changes in the length of pipeline pro­ taxes, for the Permian Basin Area of posed to be constructed in the States New Mexico, prescribed by Opinion No. Notice of Petition To Amend of Louisiana and Kentucky and pro­ 468, as modified. poses an additional compressor unit to F e b r u a r y 25,1966. Except for the stay of Opinion Nos. be constructed in Mississippi, all as more 468 and 468-A by the Tenth Circuit on Take notice that on February 15,1966, fully set forth in the amendment to the January 20, 1966, in Skelly Oil Co. v. Northern Natural Gas Co. (Petitioner), application which is on file with the P.P.C. (C.A. 10 No. 8385, et al.) and a 2223 Dodge Street, Omaha 2, Nebr., filed Commission and open to public in­ similar stay granted by the Commission in Docket No. CP65-210 a petition to spection; on February 14, 1966, the proposed rate amend the order of the Commission is­ Applicant filed in the aforementioned increases tendered here by Bass would sued in said docket on May 25, 1965, by Docket No. CP66-149 an application pur­ be subject to rejection under the mora­ requesting that the measuring and regu­ suant to sections 7 (b) and 7 (c) for a cer­ torium provisions in paragraph (H ) of lating facilities authorized therein for tificate of public convenience and neces­ Opinion No. 468. Our acceptance of the delivery of gas to the Golden West Grain sity authorizing the construction over a instant rate increases is expressly con­ Co. (Golden W est), located in Rogers, 2-year period of pipeline facilities in ditioned to provide that the rate in­ Nebr., be deleted from said order, all as Louisiana, Tennessee, Kentucky, Illinois, creases will be rejected, ab initio, in the more fully set forth in the petition to and Indiana and various compressor sta­ event the court stay referred to above is amend which is on file with the Commis­ tions in Kentucky and Mississippi, to­ dissolved or the moratorium provisions sion and open to public inspection. gether with permission and approval to in Opinion Nos. 468 and 468-A are up­ By Commission order issued May 25, abandon approximately 34.65 miles of held upon judicial review. 1965, in the aforementioned docket, Peti­ pipeline in Indiana, Illinois, and Ken­ The proposed changed rate and charge tioner was authorized to construct and tucky. The total estimated cost of Ap­ may be unjust, unreasonable, unduly operate certain facilities in order to plicant’s proposed project was stated to discriminatory, or preferential, or other­ establish five new delivery points for the be $21,579,000. wise unlawful. sale of gas to American Gas Co. of W is­ Applicant states that the facilities The Commission finds: It is necessary consin and Applicant’s Peoples Natural initially proposed for construction and and proper in the public interest and to Gas Division (Peoples) for resale. The operation in the instant docket were de­ aid in the enforcement of the provisions order further provided that the facilities signed to be installed concurrently with of the Natural Gas Act that the Com­ were to be constructed and placed in or subsequent to the construction of the mission enter upon a hearing concerning service by November 25,1965. facilities proposed by it in its pending the lawfulness of the proposed increased Petitioner states that facilities for four application filed on July 14, 1965, in rate and charge contained in Supple­ of the five new delivery points were con­ Docket No. CP66-13 (30 F.R. 9418), and ment No. 7 to Bass’ F.P.C. Gas Rate structed and placed in service on or be­ that the facilities originally requested for Schedule No. 6 and that such supple­ fore August 26, 1965, but that construc­ construction and operation in the instant ment be suspended and the use thereof tion of the facilities required to deliver docket, if built prior to those requested in deferred as hereinafter ordered. gas to Peoples for sale to Golden West Docket No. CP66-13, will not provide The Commission orders: has not commenced. Petitioner further the Reeded capacity to meet the in­ (A ) Pursuant to the authority of the states that Peoples has advised it that creased requirements sought therein by Natural Gas Act, particularly sections 4 Golden West has not installed the fuel Applicant for its existing customers for and 15 thereof, the Commission’s rules of line and burner facilities which are nec­ the winter heating seasons of 1966-67 practice and procedure, and the regula­ essary to commence natural gas service and 1968. tions under the Natural Gas Act (18 CFR and that Peoples has been unable to as­ The application filed in Docket No. Ch. I ), a public hearing shall be held certain when, or if, these facilities will be CP66-13 requested authorization from upon a date to be fixed by notice from installed. the Commission to build and operate fa­ the Secretary concerning the lawfulness The petition states that in view of the cilities needed to meet the service sought of the proposed increased rates and uncertainty of initiating natural gas from Applicant by the City of Hamilton, charges contained in Supplement No. 7 service to Golden West, Petitioner re­ Ohio, in its application filed on June 16, to Bass’ FFC Gas Rate Schedule No. 6. quests that the authorized measuring and 1965, in Docket No. CP65-402 pursuant (B ) Pending such hearing and deci­ regulating facilities for Golden West be to section 7(a) of the Natural Gas Act sion thereon, Supplement No. 7 to Bass’ deleted from the Commission’s order (30 F.R. 8352). Subsequently, The Ohio FPC Gas Rate Schedule No. 6 is condi­ issued in this docket. Fuel Gas Co. filed a competitive applica­ tionally accepted for filing, as noted Protests or petitions to intervene may tion on December 23,1965, in Docket ho. above, and is hereby suspended and the be filed with the Federal Power Commis­ CP66-207 (31 F.R. 463). The ConuJ; use thereof deferred until July 28, 1966, sion, Washington, D.C., 20426, in accord­ sion has consolidated Docket Nos. Crv and thereafter until such further time as ance with the rules of practice and proce­ 13, CP65-402, and CP66-207 < » * * it is made effective in the manner pre­ dure (18 CFR 1.8 or 1.10) and the regula­ 1218), and the initial hearing date » scribed by the Natural Gas Act. tions under the Natural Gas Act (157.10) presently scheduled for February > (C ) Neither the supplement hereby on or before March 18,1966. 1966. Applicant states that in view of, J suspended, nor the rate schedule sought J o s e ph H. G u t r id e , to be altered thereby, shall be changed foregoing, it is incumbent uP°*jA ¡.I Secretary. amend its original application ni«* 1 until this proceeding has been disposed the instant docket by requesting autl of or until the period of suspension has [F.R. Doc. 66-2243; Filed, Mar. 3, 1966; 8:45 a.m.] ization for the construction and^P expired, unless otherwise ordered by the tion of facilities which, if built indep Commission. ently of any facilities pending aU® ^ (D ) Notices of intervention or peti­ [Docket No. CP66-149] tion, will provide sufficient capacu ^ tions to intervene may be filed with the serve the increased requirements , Federal Power Commission, Washington, TEXAS GAS TRANSMISSION CORP. customers for the heating seaso D.C., 20426, in accordance with the rules Notice of Amendment to Application 1966-67 and 1967-68. Accordingly* Jj. of practice and procedure (18 CFR 1.8 plicant proposes a reduction of app F e b r u a r y 25, 1966. and 1.37(f)) on or before April 13, 1966. mately 9.11 miles from the 54.95 rau ^ Take notice that on February 14, 1966, By the Commission. 36-inch pipeline originally proposes J Texas Gas Transmission Corp. (Appli­ constructed in Louisiana, an [ seal] Joseph H. G utride, cant), Post Office Box 1160, Owensboro, Secretary. Ky., 42301, filed in Docket No. CP66-149 approximately 1.51 miles in the 30.54 miles of 30-inch pipeline ora I [F.R. Doc. 66-2242; Filed, Mar. 8, 1966; an amendment to its application filed in 8:45 a.m.] said docket on November 10, 1965 (30 proposed to be constructed in Ke j

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3435 and the addition of one 9,100 horsepower The total estimated cost of Applicant’s [Docket No. E-7269] unit to be constructed in the Lake Cor­ proposed gas transmission and distribu­ IOWA ELECTRIC LIGHT AND POWER morant, Miss., compressor station. tion systems is $500,000, which cost will The total estimated cost of Applicant’s be financed by the issuance of revenue CO. proposed project, as amended, is $22,- bonds. Notice of Application 427,000 which cost will be financed Protests or petitions to intervene may through the issuance of long-term debt be filed with the Federal Power Commis­ F e b r u a r y 28, 1966. securities. sion, Washington, D.C., 20426, in accord­ Take notice that on February 14, 1966, Protests or petitions to intervene may ance with the rules of practice and pro­ Iowa Electric Light and Power Co. be filed with the Federal Power Commis­ cedure (18 CFR 1.8 or 1.10) on or before (Iowa), filed an application with the sion, Washington, D.C., 20426, in accord­ March 16, 1966. Federal Power Commission pursuant to ance with the rules of practice and pro­ section 204 of the Federal Power Act cedure (18 CFR 1.8 or 1.10) and the reg­ J o s e ph H . G u t r id e , seeking authority to issue short term ulations under the Natural Gas Act Secretary. notes in an aggregate amount not to (157.10) on or before March 16, 1966. [F.Rr Doc. 66-2245; Filed, Mar. 3, 1966; exceed $18 million. Iowa is incorporated under the laws of Jo seph H . G u t r id e , 8:45 a.m.] Secretary. the State of Iowa and is qualified to do business within the States of Iowa, Min­ [Fit. Doc. 66-2244; Filed, Mar. 3, 1966; nesota, Colorado, and Nebraska, with its 8:45 a.m.] [Project No. 2652] principal place of business office at EMPIRE DISTRICT ELECTRIC CO. Cedar Rapids. Iowa is engaged primarily [Docket No. CP66-267] in the generation, transmission and sale Notice of Application for License for at retail of electric energy and in the VILLAGE OF HARRISONBURG, LA., Constructed Project purchase, distribution and sale at retail AND TENNESSEE GAS TRANSMIS­ of natural gas in Iowa. SION CO. F e b r u a r y ' 28, 1966. According to the application the notes will be issued from time to time with Notice of Application Public notice is hereby given that ap­ plication has been filed under the Fed­ maturity dates not in excess of 1 year February 25,1966. eral Power Act (16 U.S.C. 791a-825r) by from the date of issuance and in any event will mature not later than Decem­ Take notice that on February 14, 1966, The Empire District Electric Co. (cor­ ber, 1967. The notes are to be issued in [the Village of Harrisonburg, La. (Appli­ respondence to: J. T. Jones, President, order to finance in part the construction cant), filed in Docket No. CP66-267 an The Empire District Electric Co., 602 program for 1966 and 1967 which totals application pursuant to section 7(a) of Joplin Street, Joplin, Mo., 64801), for a $28.2 million. The principal item in this Gas Act for an order of the license for constructed Project No. 2562, the Natural program includes the construction of a directing Tennessee Gas known as the Lowell project, located on Commission 140,000 kw generating unit at Iowa’s (Respondent) to estab­ Spring River at its confluence with Shoal Transmission Co. Prairie Creek site in Cedar Rapids, Iowa connection of its transpor­ Creek in the vicinity of Riverton and lish phyiscal which will cost $18.5 million when com­ tation facilities with the facilities pro­ Baxter Springs, county of Cherokee, pleted. Iowa expects to spend $11.9 constructed Applicant and Kans. posed to be by million on this item in 1966. Other deliver to Applicant volumes The existing project consists of: (1) A [to sell and items include additions to Iowa’s trans­ for resale and distribution concrete .gravity dam about 40 feet high lof natural gas mission and distribution system. [in Applicant, in the communities of En- and 475 feet long joined to an earth Any person desiring to be heard or to Wallace Ridge, and in embankment 800 feet long to the north jterprise, M anifest, make any protest with reference to said areas located in the north­ bank with concrete core wall; a spillway [other rural application should on or before March of Catahoula Parish, La., 95 feet long and 15.5 feet deep in concrete western section 18, 1966, file with the Federal Power set forth in the applica­ structure topped by wooden gates to [all as more fully Commission, Washington, D.C., 20426, is file with the Commission elevation 808.8 feet, m.s.l., and (a flood tion which on petitions or protests in accordance with land open to public inspection. bypass structure; (2) a reservoir about the requirements of the Commission’s I Applicant proposes to construct a gas 10 miles long with surface area of 862 rules of practice and procedure (18 CFR pansmission system extending from a ares, at headwater elevation 807.25 feet, 1.8 or 1.10). The application is on file f ° m"of interconnection with the. facili- and storage capacity of 7,580 acre feet; and available for public inspection. E® of Respondent, to be located in the (3) a powerhouse section integral with J o se ph H . G u t r id e , vicinity of Louisiana Highway 124 where dam housing eight turbines direct-con­ I spondent’s main transmission line Secretary. nected by horizontal shaft to two 1,500 |f°sses.the highway, and consisting of kw generators at 2,300 volts ( one turbine [F.R. Doc. 66-2276; Filed, Mar. 3, 1966; ppprommately 94,000 feet of 3-inch pipe- 8:48 a.m.] is inoperative, reducing capacity to 1,200 L ,® and a regular station. Applicant L, Proposes to construct, own and oper- k w ); (4) a substation on the left bank [Docket No. CP66-268] lnm,Lgas distribution system which will adjacent to dam, housing six trans­ Itirmn!* gas ^rvdoe for the aforemen- formers, 2.3-33.5 kv; (5) appurtenant NORTHERN NATURAL GAS CO. Ithfltu communities. Applicant states mechanical and electrical facilities; (6) lann™?-ProPosed service area will include access, fishing, hunting, boating areas Notice of Application icornmn!maiely 596 residential, 16 small and other recreational facilities. F e b r u a r y 28, 1966. L P,/ ? aLand ® iar§e commercial cus- Protests or petitions to intervene may Take notice that on February 15, 1966, |prSJ?y the end of the third year of be filed with the Federal Power Commi- proposed operations. Northern Natural Gas Co. (Applicant), sion, Washington, D.C., 20426, in accord­ 2223 Dodge Street, Omaha 2, Nebr., filed Igas W ? al ^timated volumes of natural ance with the rules of practice and pro­ in Docket No. CP66-268 an application land nMf Hary meet Applicant’s annual cedure of the Commission (18 CFR 1.8 or pursuant to section 7(c) of the Natural | 3-vearnJa^ re5uirements for the initial 1.10) The last day upon which protests Gas Act for a certificate of public con­ ■stated proposet* operations are or petitions may be filed is April 25, venience and necessity authorizing the 1966. The application is on file with the operation of existing facilities for the re­ Commission for public inspection. ceipt, at an existing interconnection in F irst Second T h ir d Chisago County, Minn., and transporta­ year year ye a r J o s e ph H . G u t r id e , tion in interstate commerce, of up to [pi?“»! (Mei). Secretary. 25,500 Mcf of gas per day to be purchased f eak % (Mcf). 39,648 52,248 58,128 489 651 727 [F.R. Doc. 66-2275; Filed, Mar. 3, 1966; from Midwestern Gas Transmission Co. 8:48 a.m.] (Midwestern), all as more fully set forth

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3436 NOTICES in the application which is on file with [Docket No. CP66-269] [Docket No. CP64-107] the Commission and open to public TENNESSEE GAS TRANSMISSION CO. inspection. TEXAS GAS TRANSMISSION CORP. The aforementioned interconnection in Notice of Application Notice of Petition To Amend Chisago County, Minn., was installed F e b r u a r y 28,1966. pursuant to a certificate of public con­ F e b r u a r y 28, 1966. venience and necessity issued by the Take notice that on February 17, 1966, Take notice that on February 21, 1966, Commission in Docket No. CP61-303 on Tennessee Gas Transmission Co. (Appli­ Texas Gas Transmission Corp. (Peti­ August 4, 1961, and further authoriza­ cant), Post Office Box 2511, Houston, tioner) , 3800 Frederica Street, Owens­ tion was issued in Docket No. CP65-48 Tex., 77001, filed in Docket No. CP66-269 boro, Ky., filed in Docket No. CP64-107 on March 23, 1965, for the sale to Appli­ an application pursuant to section 7(c) a petition to amend the order of Com­ cant by Midwestern of interruptible vol­ of the Natural Gas Act for a certificate of mission issued in said docket on May 26, umes of gas through this interconnection public convenience and necessity author­ 1964, and amended on December 17, 1964, during a period ending December 31, izing the construction and operation of June 2, 1965, and December 1, 1965, 1965. 2.63 miles of 12%-inch pipeline connect­ which order, as amended, authorized! Applicant states that under the terms ing the Bastian Bay Field? Plaquemines inter alia, the construction and opera­ of its contract with Midwestern dated Parish, La., to its mainline transmission tion of certain natural gas facilities and August 6,1965, the proposed purchase of system, all as more fully set forth in the the increase in contract demand service gas will be made under Midwestern’s application which is on file with the to Petitioner’s then existing customers. Rate Schedule CD-2 and that deliveries Commission and open to public inspec­ By the instant filing, Petitioner seeks to of said gas are contemplated to begin in tion. amend further the order issued in the November, 1966 and continue in effect Applicant states that the subject fa­ instant docket by requesting authoriza­ for 25 years. Applicant further states cilities were constructed in the year 1961 tion to construct and operate certain j that it is estimated that purchases will under what it thought was proper cer­ natural gas transmission facilities ini be made at a 100 percent load factor. . tificate authorization issued on Janu­ Henderson County, Ky., all as more fully The application states that the pro­ ary 6, 1961, in Docket No. CP61-106, its set forth in the petition to amend which posed purchase of gas from Midwestern “budget-type” certificate for the calen­ is on file with the Commission and open j will augment Applicant’s system gas sup­ dar year 1961. In its Opinion No. 413, to public inspection. ply on a long term basis and provide a 30 F P C 1477, issued on December 12,1963, Specifically, Petitioner seeks author­ new source of gas near the north end of the Commission found that proper au­ ity to construct and operate one side its system resulting in additional capac­ thorization had not been obtained and valve for the establishment of a new ity of 25,500 Mcf of gas per day with no directed Applicant to take such steps as delivery point for the city of Henderson, additional investment in facilities by necessary to bring It into compliance Ky. (Henderson), an existing customer. Applicant. with the Natural Gas Act, Applicant Petitioner states that the natural gas Midwestern filed on February 1, 1966, states that the instant application is in which is to be delivered through the pro­ an application in Docket No. CP66-247 compliance with Opinion No. 413, Para­ posed delivery point is for resale by for authorization to construct and oper­ graph (A ) of the accompanying order. Henderson to a rural area adjacent to ate facilities required for delivery of the The application states that the actual the city of Henderson, Ky. Annual volumes of gas proposed for purchase in cost of the subject facilities was $295,909. deliveries are estimated to be 1,600 the instant application. Protests or petitions to intervene may Mcf. No increase in the contract de­ Protests or petitions to intervene may be filed with the Federal Power Commis­ mand of Henderson is proposed for this be filed with the Federal Power Commis­ sion, Washington, D.C., 20426, in accord­ service. sion, Washington, D.C., 20426, in accord­ ance with the rules of practice and pro­ The total estimated cost of the pro­ ance with the rules of practice and pro­ cedure (18 CFR 1.8 or 1.10) and the reg­ posed facility is $1,370, which cost will cedure (18 CFR 1.8 or 1.10) and the ulations under the Natural Gas Act be financed with current funds. regulations under the Natural Gas Act (157.10) on or before March 21, 1966. Protests or petitions to intervene may (157.10) on or before March 16, 1966. Take further notice that, pursuant to be filed with the Federal Power Commis­ Take further notice that, pursuant to the authority contained in and subject sion, Washington, D.C., 20426, in ac­ the authority contained in and subject to the jurisdiction conferred upon the cordance with the rules of practice and to the jurisdiction conferred upon the Federal Power Commission by sections procedure (18 CFR 1.8 or 1.10) and the Federal Power Commission by sections 7 7 and 15 of the Natural Gas Act and the regulations under the Natural Gas Act and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­ (157.10) on or before March 21, 1966. cedure, a hearing will be held without Commission’s rules of practice and pro­ J o s e p h H. Gutride, cedure, a hearing will be held without further notice before the Commission on Secretary. further notice before the Commission on this application if no protest or petition [F.R. Doc. 66-2279; Filed, Mar. 3, lffl. this application if no protest or petition to intervene is filed within the time re­ 8:48 a.m.] to intervene is filed within the time re­ quired herein, if the Commission on its quired herein, if the Commission on its own review of the matter finds that a own review of the matter finds that a grant of the certificate is required by the INTERSTATE COMMERCE grant of the certificate is required by the public convenience and necessity. If a public convenience and necessity. If a protest or petition for leave to intervene protest or petition for leave to inter­ is timely filed, or if the Commission on its COMMISSION vene is timely filed, or if the Commission on its own motion believes that a formal own motion believes that a formal hear­ [Notice 1307] hearing is required, further notice of such ing is required, further notice of such MOTOR CARRIER TRANSFER hearing will be duly given. hearing will be duly given. PROCEEDINGS Under the procedure herein provided Under the procedure herein provided for, unless otherwise advised, it will be for, unless otherwise advised, it will be M arch 1, 1966- unnecessary for Applicant to appear or be unnecessary for Applicant to appear or Synopses of orders e n te re d pursuant^ represented at the hearing. be represented at the hearing. section 212(b) of the Interstate^ com­ merce Act, and rules and rj^*a® J J o s e p h H . G u t r id e , J o s e ph H . G u t r id e , prescribed thereunder (49 CFR Secretary. Secretary. 179), appear below: , [F.R. Doc. 66-2277; Filed, Mar. 3, 1966; [F.R. Doc. 66-2278; Filed, Mar. 3, 1966; As provided in the Commissions ^ 8:48 a.m.] 8:48 a.m.] cial rules of practice any interested wi

FEDERAL REGISTER, VOL. 3T, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3437

son may file a petition seeking recon­ izing the transportation of: Such com­ tificate No. MC-47853, issued January 26, sideration of the following numbered modities as require transportation by 1960, authorizing the transportation, proceedings within 20 days from the date dump trucks, between points in Rhode Is­ over irregular routes of household goods, of publication of this notice. Pursuant to land, and points in Connecticut, and as defined, between Oyster Bay, N.Y., section 17(8) of the Interstate Commerce Massachusetts, within 25 miles of Rhode and points in Suffolk County, N.Y., on Act the filing of such a petition will Island. Russell B. Cumett, 36 Circuit the one hand, and, on the other, points postpone the effective date of the order Avenue, Providence, R.I., 02905, repre­ in Massachusetts, Rhode Island, New in that proceeding pending its disposi­ sentative for applicants. Hampshire, Vermont, Connecticut, New tion. The matters relied upon by peti­ No. MC-FC-68452. By order of Feb­ York, New Jersey, Pennsylvania, Mary­ tioners must be specified in their peti­ ruary 23, 1966, the Transfer Board ap­ land, Virginia, and the District of Co­ tions with particularity. proved the transfer to Arrow Transfer & lumbia, and between Oyster Bay, N.Y., No. MC-FC-68304. By order of Feb­ Storage Co., a corporation, Seattle, and points in Suffolk County, N.Y., on ruary 24, 1966, the Transfer Board ap­ Wash., of the remaining portion of cer­ the one hand, and, on the other, points proved the transfer to Edson Express, tificate in No. MC-30023, issued January in North Carolina, South Carolina, Inc., Longmont, Colo., of certificates in 20, 1964, to A. H. Spear and T. J. Banks, Georgia, and Florida. Irving Abrams, Nos. MC-35227, MC-35227 (Sub-No. 1), a partnership, doing business as Arrow 1776 Broadway, New York, N.Y., 10019, and MC-35227 (Sub-No. 3), issued Janu­ Transfer & Storage Co., Seattle, Wash., attorney for applicants!. ary 18,1963, April 26,1965, and February authorizing the transportation of: Gen­ No. MC-FC-68472. By order of Feb­ 9,1966, respectively, to Jack E. Edson and eral commodities, with the usual excep­ ruary 24, 1966, the Transfer Board ap­ Marjorie J. Edson, a partnership, doing tions including household goods and proved the transfer to Mable M. Faulk­ business as Edson Express, Longmont, commodities in bulk, between points ner, doing business as E. Powell Moving Colo., authorizing the transportation of: within 3 miles of and including Seattle, & Storage Co., Newport, Ky., of the General commodities, with the usual ex­ Wash. George R. LaBissoniere, 533 Cen­ operating rights of Morton B. Faulkner, ceptions including household goods and tral Building, Seattle, Wash., 98104, at­ doing business as E. Powell Moving & commodities in bulk, between Denver, torney for applicants. Storage Co., Newport, Ky., in certificate Colo., and Longmont, Colo., between No. MC-FC-68466. By order of Feb­ No. MC-74415, issued October 20, 1950, Longmont, Colo., and Berthoud, Colo., ruary 24, 1966, the Transfer Board ap­ authorizing the transportation, over ir­ between Berthoud, Colo., and Mead, proved the transfer of the operating regular routes, of household goods, as Colo., and serving a specified part of rights in certificate No. M C-117467, is­ defined, office furniture and equipment, Boulder and Weld Counties, Colo., in con­ sued January 21, 1959, to Johnny W. and store fixtures, between Newport, Ky., nection with Berthoud, Mead route. Ed­ Whitehurse and Jerry E. Whitehurse, a and Cincinnati, Ohio, on the one hand, ward T. Lyons, Jr., 420 Denver Club partnership, doing business as White­ and, on the other, points in Indiana, Building, Denver, Colo., 80202; attorney hurse Truck Line, Boonville, Mo., from those in Ohio south of U.S. Highway 40, j for applicants. Fletcher H. Korte, doing business as and those in Kentucky within 10 miles No. MC-FC-68424. By order of Feb- Korte Truck Line, Boonville, Mo., trans­ of Newport. Walter J. Burke, Lawyers I ruary 23, 1966, the Transfer Board ap­ feror, authorizing the transportation, Building, Newport, Ky., 41071, attorney proved the transfer to Eunice Rental over irregular routes, o f: Feed and com­ for applicants. Tool Co., Inc., doing business as Rowland mercial fertilizer, in bags, from East St. No. MC-FC-68473. By order of Feb­ Trucking Co., 1700 North Main Street, Louis, 111., and Kansas City, Kans., to ruary 23, 1966, the Transfer Board ap­ [ Eunice, N. Mex., 88231; of certificate in Boonville, Mo., and points in Missouri proved the transfer to Lawrence Haus- No. MC-106810 (Sub-No. 1) and the cer­ within 25 miles thereof (except James­ man, doing business as HaUsman Truck­ tificate of registration in No. MC-106810 town and California, M o .), with no ing, Waterloo, Iowa, of the operating | (Sub-No. 7) , each issued November 16, transportation for compensation on re­ rights of Geo. W. Hausman, Waterloo, ; 1964, to Robert Claude Moates, doing turn except as otherwise authorized. Iowa, in certificate No. MC-55072, issued | business as E. M. Rowland Trucking Co., John R. Nacy, 117 West High Street, April 10, 1956, authorizing the transpor­ 517 Texas Avenue, Eunice, N. Mex., Jefferson City, Mo., 65101, attorney for tation, over irregular routes, of washing 88231; authorizing the transportation o f: applicants. machines, creamery machinery and sup­ j Crude oil, in bulk, in tank trucks, between No. MC-FC-68469. By order of Feb­ plies, washing machine wringers and specified points in Lea County, N. Mex., ruary 24, 1966, the Transfer Board ap­ wringer parts, washing machine wringer and, the transportation of oil and water proved the transfer to The Sudler parts, washing machines, washing ma­ and other liquids between specified parts Moving & Storage Co., a corporation, chine parts, malt liquors, bakery goods, of Lea and Eddy Counties, N. Mex. doing business as Allstates Van & Stor­ vinegar, meats, meat products, and meat No. MC-FC-68448. By order of Feb­ age, Baltimore, Md., of the operating byproducts, and dairy products, as de­ ruary 23, 1966, the Transfer Board ap­ rights in certificates Nos., MC-47800, scribed in sections A and B of appendix proved the transfer to C. L. Bigham, G. MC-47800 (Sub-No. 1), MC-47800 (Sub- to the report in Modification of Per­ mits— Packing House Products, 46 M.C.C. I tv ^ igham, L. C. Bigham, and Melvin No. 2), MC-47800 (Sub-No. 3), and M C - rjigham, & Partnership, doing business as 47800 (Sub-No. 4), issued February 25, 23, and meats, and meat products and meat byproducts, and dairy products as Bigham & Sons, Lubbock, Tex., of 1952, February 25, 1952, August 27, 1954, I certificate in No. MC-109006 (Sub-No. 1), September 13, 1956, and March 13, 1959, described in sections A and B of appendix I issued March 6, 1950, to W . K. Bigham, respectively, to A B C Movers, Inc., Balti­ I to the report in Descriptions in Motor l u L. Bigham, C. G. Bigham, G. W. Big- more, Md., authorizing the transporta­ Carrier Certificates, 61 M.C.C. 209 and Bigham, and Melvin Bigham, tion, over irregular routes, o f: Household 766, from and to specified points in W is­ consin, Iowa, Illinois, and Michigan, I ners^ p’ doing business as W. K. goods, between points in Maryland, Pennsylvania, Delaware, New Jersey, varying with the commodities trans­ I in» n?1 ^ ®ons* Lubbock, Tex.; authoriz- ported. William A. Landau, 1307 East IntL^u transportation of: Buildings, New York, Connecticut, Virginia, West Walnut Street, Des Moines, Iowa, 50306, I timfr u an those knocked down or in sec- Virginia, Massachusetts, Rhode Island, representative for applicants. l i * v etween Points in Colorado, Kan- and the District of Columbia. Charles J. No. MC-FC-68474. By order of Feb­ I withi!.e™,,Me.xico’ Oklahoma, and Texas Stinchcomb, 2602 Maryland National I LnffJ1 miles of Lefors, Tex., including Bank Building, Baltimore, Md., 21202, ruary 25, 1966, the Transfer Board ap­ I bonir % IjG0 Bay. 1701 Avenue Q, Lub- attorney for transferee. Charles McD. proved the transfer to Shirley L. Ogilvie I Wa attorney for applicants. Gillan, Jr., 315 Glen Rae Drive, Balti­ and Richard A. Lundberg, a partnership, IrusTO ^ c~Pc~68450. By order of Feb- more, Md., 21228, attorney for transferor. doing business as Lincoln Transportation Co., Lincoln, Mont., of the operating ■ Drn!L% l 966, the Transfer Board ap- No. MC-FC-68471. By order of Feb­ rights of Victor Douglas and Frances L. Ivagp t« transfer to Mohawk Auto Sal­ ruary 23, 1966, the Transfer Board ap­ im Nn iSrr.’ Johnston, R.I., of certificate proved the transfer to Empire Storage Douglas, a partnership, doing business issued May 6,1947, to Warehouse, Inc., Hicksville, N.Y., of the as Lincoln Stage Line, Lincoln, Mont., in Ithonv’cyiadevaia, doing business as An- operating rights of R. K. Davis Moving certificate No. MC-35251, issued Novem­ | ny s Trucking, Johnston, R.I., author­ & Storage, Inc., Hicksville, N.Y., in cer­ ber 13, 1962, authorizing the transporta-

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3438 NOTICES tion, over regular routes, of passengers Regis Paper Co., 150 East 42d Street, chester, Iowa, to Milwaukee, Wis., for 150 and their baggage, and express, news­ New York, N.Y., Michael J. Walsh, Jr., days. Supporting shipper : Hide Service papers, and mail, in the same vehicle vice president. Send protests to: Floyd Corp., 131 South Seventh Street, Mil­ with passengers, between Helena, Mont., A. Johnson, District Supervisor, Bureau waukee, Wis., 53233 (John Kennedy, and Lincoln, Mont., serving all interme­ of Operations and Compliance, Inter­ Manager). Send protests to: W. F. diate points, and off-route points with­ state Commerce Commission, 320 U.S. Sibbald, Jr., District Supervisor, Bureau in 5 miles of Lincoln, and in certificate Post Office Building, Jackson, Miss., of Operations and Compliance, Inter­ No. MC-35252, issued September 25,1962, 39201. state Commerce Commission, 108 West authorizing the transportation, over reg­ N o.'m C 61396 (Sub-No. 155 T A ), filed Wells Street, Room 511, Milwaukee, Wis ular routes, of general commodities, ex­ February 25, 1966. Applicant: HER­ 53203. cept classes A and B explosives, between MAN BROS., INC., 2501 North 11th No. MC 123639 (Sub-No. 66 TA), filed Helena, Mont., and Lincoln, Mont., serv­ Street, Post Office Box 189 (Downtown February 25, 1966. Applicant: J. B ing all intermediate points, and the off- Station), 68101, Omaha, Nebr., 68110. MONTGOM ERY, INC., 5150 Brighton route points within 20 miles of the route Authority sought to operate as a common Boulevard, Denver, Colo., 80216. Appli­ from Helena over unnumbered highway carrier, by motor vehicle, over irregular cant’s representative: Edmond R. Dris- via Silver, Johns, Wilborn, Stemple, and roiites, transporting: Anhydrous am­ kell (same address as above). Author­ Flesher, Mont., to Lincoln, and return monia, in bulk, in tank vehicles, from ity sought to operate as a common car­ over the same route. J. Miller Smith, 26 Garner, Iowa, and points within 5 miles, rier, by motor vehicle, over irregular West Sixth Avenue, Helena, Mont., 59601, to points in Minnesota, Nebraska, North routes, transporting: Meats, meat prod­ attorney for transferee. Dakota, South Dakota, and Wisconsin, ucts, and meat byproducts, and articles for 180 days. Supporting shipper: Mon­ distributed by meat packinghouses as [ s e a l ] H . N e il G a r s o n , santo Co., 800 North Lindbergh Boule­ described in sections A and C of appen­ Secretary. vard, St. Louis, Mo., 63166. Send pro­ dix I to the report in Descriptions in [F.R. Doc. 66-2284; Filed, Mar. 3, 1966; tests to: Keith P. Kohrs, District Super­ Motor Carrier Certificates, 61 “MCC 209 8:49 a.m.] visor, Bureau of Operations and Compli­ and 766, from plantsite and storage fa­ ance, Interstate Commerce Commission, cilities of the Litvak Meat Co. in Denver, 705 Federal Office Building, Omaha, Colo., to Evansville, Bloomington, Terre [Notice 140] Nebr., 68102. Haute, Indianapolis, Richmond, Muncie, MOTOR CARRIER TEMPORARY No. MC 61396 (Sub-No. 156 T A ), filed Anderson, Lafayette, Fort Wayne, South AUTHORITY APPLICATIONS February 25, 1966. Applicant: HER­ Bend, Michigan City, and Elkhart, Ind, MAN BROS., INC., 2501 North 11th Kalamazoo, Battle Creek, Jackson, Ann M ar c h 1, 1966. Street, Post Office Box 189 (Downtown Arbor, Detroit, Grand Rapids, Lansing, The following are notices of filing of Station), 68101, Omaha, Nebr., 68110. Flint, Pontiac, Saginaw, and Benton applications for temporary authority Authority sought to operate as a common Harbor, Mich., Toledo, Cleveland, under section 210a(a) of the Interstate carrier, by motor vehicle, over irregular Youngstown, Akron, Columbus, Cincin­ Commerce Act provided for under the routes, transporting: Liquid fertilizer nati, Dayton, Springfield, Bloomdale, new rules in Ex Parte No. MC 67 (49 solutions including hut not limited to An­ and Salem, Ohio, Louisville, Ky., and C F R Part 240), published in the F ederal hydrous ammonia, in bulk, in tank ve­ East St. Louis, HI., for 180 days. Sup­ R eg ister , issue of April 27, 1965, effec­ hicles, from Audubon, Iowa, to points in porting shipper: Litvak Meat Co., Inc., tive July 1, 1965. These rules provide Nebraska, Kansas, Missouri, South Da­ 5900 York Street, Post Office Box 6505, that protests to the granting of an ap­ kota, and Minnesota, for 180 days. Sup­ Stockyards Station, Denver, Colo. Send plication must be filed with the field porting shipper: Phillips Petroleum Co., protests to: Luther H. Oldham, District official named in the F ederal R egister Bartlesville, Okla., 74003. Send pro­ Supervisor, Bureau of Operations and publication, within 15 calendar days tests to: Keith P. Kohrs, District Super­ Compliance, Interstate Commerce Com­ after the date notice of the filing of the visor, Bureau of Operations and Compli­ mission, 2022 Federal Building, 1961 application is published in the F ederal ance, Interstate Commerce Commission, Stout Street, Denver, Colo., 80202. R eg ist e r . One copy of such protest 705 Federal Office Building, Omaha, No. MC 123688 (Sub-No. 3 TA), filed must be served on the applicant, or its Nebr., 68102. February 25, 1966. Applicant: CARO­ authorized representative, if any, and the No. MC 108207 (Sub-No. 180 T A ), filed LINA TRANSPORT, INC., Statesville protest must certify that such service February 25, 1966. Applicant: FROZEN Highway, Post Office Box 8123, Charlotte, has been made. The protest must be FOOD EXPRESS, 318 Cadiz Street, Post N.C., 28208. Applicant’s representative1 specific as to the service which such Office Box 5888, Dallas, Tex., 75222. Ap­ H. Overton Kemp, Post Office Box 2020A protestant can and will offer, and must plicant’s representative: J. E. McClellan Charlotte, N.C., 28202. Authority consist of a signed original and six (6) (same address as above). Authority sought to operate as a common carrn, copies. sought to operate as a common carrier, by motor vehicle, over irregular routes, A copy of the application is on file, and by motor vehicle, over irregular routes, transporting: New and used frauers» ® can be examined, at the Office of the transporting: Salad dressing, from the type commonly used by motor fret® Secretary, Interstate Commerce Com­ Dallas, Tex., to points in Indiana and carriers, in initial and secondary mov mission, Washington, D.C., and also in Ohio, for 180 days. Supporting shipper: ments, in towaway service, oyer irregjufl*j the field office to which protests are to be Texas Fine Food Products, Inc., 910 routes, (A ) from Fairless HiUs, Pa. tap-: transmitted. North Lancaster, Dallas, Tex., 75203. proximately 10 miles north of Send protests to: E. K. Willis, Jr., District delphia, P a .), to Charlotte, N.C., (B) M otor C arriers o f P r o p e r t y Supervisor, Bureau of Operations and tween Charlotte, N.C., on the one nan ■ No. MC 3009 (Sub-No. 64 T A ), filed Compliance, Interstate Commerce Com­ and, on the other, all points and P j February 25, 1966. Applicant: WEST mission, 513 Thomas Building, -1314 in the States of Alabama, Florida, and Vir- BROTHERS, INC., 706 East Pine Street, Wood Street, Dallas, Tex., 75202. gia, South Carolina, Tennessee, Post Office Box 1569, Hattiesburg, Miss. No. MC 116414 (Sub-No. 4 T A ), filed ginia, for 180 days. S u p p o r tin g Applicant’s representative: W . N. Innis February 25, 1966. Applicant: WIL­ pers: Strick Trailers, Post ° ^ f „ arsgf (same address as above). Authority LIAM G. McCROSSEN, doing business 00*4, L/iiariutte, f DfSCC sought to operate as a common carrier, as McCROSSEN CARTAGE COMPANY, Transportation Service, Inc., Post - by motor vehicle, over regular routes, 6550 West Forest Home Avenue, Mil­ Box 8032, Charlotte, N.C., 28208. transporting: General commodities (with waukee, Wis., 53220. Applicant’s repre­ protests to: Jack K. Huff, District; sape the usual exceptions), serving the plant- sentative: Thomas J. Regan, 710 North vi&ujL,, x>uit;auBureau uxof Operations — andnnrtxi nJS* . site of St. Regis Paper Co. mill being Plankinton Avenue, Milwaukee, Wis., pliance, Interstate Commerce C , erected at or near Ferguson, Miss., as an 53203. Authority sought to operate as sion, Room 206, 327 North Tryon Sir , off-route point in connection with appli­ a common carrier, by motor vehicle, Charlotte, N.C., 28202. . gjed cant’s present authority over U.S. High­ over irregular routes, transporting: No. MC 124802 (Sub-No. 5 TAi- ^ way 84 and/or Mississippi Highway 27, Cattle hides, from Milwaukee, Wis., to February 25, 1966. Applicant: for 180 days. Supporting shipper: St. Manchester, Iowa, and from M an­ WOMELDORF, doing business as

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 NOTICES 3439

MOTOR FREIGHT, Post Office Box 331, railroad sidings in the destination ter­ Rule 1.40 of the general rules of practice Summerville, Pa., 15864. Applicant’s ritory named in (1) above to points in (49 CFR 1.40) and filed within 15 days representative: Chester A. Zyblut, 1522 Georgia, North Carolina, and those in from the date of publication of this K Street NW., Washington, D^C., 20005. Tennessee on and east of U.S. Highway notice in the F ederal R egister. Authority sought to operate as a com­ 127, for 180 days. Supporting shipper: L ong-and-S hort Haul mon carrier, by motor vehicle over ir­ Santee Portland Cement Corp., Holly regular routes, transporting: Clay prod­ Hill, S.C. Send protests to: Arthur B. FSA No. 40333— Liquid caustic soda to ucts, from Summerville, Pa., to points in Abercrombie, District Supervisor, Bureau Cincinnati, Ohio. Filed by Traffic Ex­ New Jersey, for 180 days. Supporting of Operations and Compliance, Interstate ecutive Association-Eastern Railroads, shipper: Hanley Co., Summerville, Pa., Commerce Commission, 509 Federal agent (E.R. No. 2827), for and on behalf 15864. Send protests to: Frank L. Cal­ Building, 901 Sumter Street, Columbia, of Norfolk & Western Railway Co. Rates vary, District Supervisor, Bureau of Op­ S.C., 29201. on liquid caustic soda, in tank carloads, erations and Compliance, Interstate No. MC 127625 (Sub-No. 3 T A ), filed from Saltville, Va., to Cincinnati, Ohio. Commerce Commission, 303 Victory February 25, 1966. Applicant: SANTEE Grounds for relief— Market competi­ Building, Pittsburgh, Pa., 15222. CEMENT CARRIERS, INC., Holly Hill, tion. No. MC 127129 (Sub-No. 3 T A ), filed S.C. Applicant’s representative: Frank Tariff— Supplement 121 to J. W. Nolan, February 25, 1966. Applicant: AVERY B. Hand, 921 17th Street NW., Washing­ agent, tariff ICC 287 (R. B. LeGrande, TRUCKING CO., INC., 6711 Saxton Ave­ ton 6, D.C. Authority sought to operate agent, series). nue, Post Office Box 4383, Boise, Idaho, as a common carrier, by motor vehicle, FSA No. 40334— Returned printing 83701. Applicant’s representative: Ken­ over irregular routes, transporting: paper winding cores. Filed by O. W. neth G. Bergquist, 1110 Bank of Idaho Gypsum rock, from Flintcoat Corp., at or South, Jr., agent (No. A4862), for inter­ Building, Boise, Idaho, 83702. Authority near Savannah, Ga., to Santee Portland ested rail carriers. Rates on returned sought to operate as a common carrier, Cement Corp., near Holly Hill, S.C., for printing paper winding cores, in carloads, by motor vehicle, over irregular routes, 150 days. Supporting shipper: Santee between points in southern territory, in­ transporting: General commodities (ex­ Portland Cement Corp., Holly Hill, S.C. cluding points in southern Illinois and cept household goods as defined by the Send protests to: Arthur B. Abercrombie, southern Indiana, also St. Louis, Mo., Commission), between Wrangell and District Supervisor, Bureau of Operations and from points in official (including Petersburg, Alaska, on the one hand and and Compliance, Interstate Commerce Illinois) and western trunkline terri­ points in Idaho, Oregon, Washington, Commission, 509 Federal Building, 901 tories to points in southern territory. California, Nevada, Utah, and Montana, Sumter Street, Columbia, S.C., 29201. Grounds for relief— Carrier competi­ on the other, for 150 days. Support­ No. MC 127965 (Sub-No. 1 T A ), filed tion. ing shipper: Reliance Shrimp Co., February 25, 1966. Applicant: LEON­ Tariff—Supplement 28 to Southern Wrangell, Alaska, 99929; Parr’s Bakery, ARD DIXON, doing business as D & D Freight Association, agent, tariff ICC Post Office Box 374, Petersburg, Alaska, EXPRESS, 89 Seeley Street, Brooklyn, S—519. 99833; Stokke Building, Post Office Box N.Y., 11218. Applicant’s representative: FSA No. 40335— Soda ash to Crystal 707, Petersburg, Alaska, 99833; Wrangell Edward M. Alfano, 2 West 45 Street, New City, Mo. Filed by Southwestern Chamber of Commerce, Wrangell, Alas­ York, N.Y., 10036. Authority sought to Freight Bureau, agent (No. B-8824), for ka, 99 92 9; City of Wrangell, Wrangell, operate as a contract carrier, by motor interested rail carriers. Rates on soda Alaska, 99929; City of Petersburg, vehicle, over irregular routes, transport­ ash, in bulk, in covered hopper cars, in Petersburg, A lask a, 99833; Magnus ing: Copying and Photographic ma­ carloads, from Baton Rouge and Lake Nygaard, doing business as Artie chines, materials and supplies, uncrated Charles, La., Corpus Christi, Freeport, Liquor Store, Post Office Box 386, Peters­ and crated," from shipper’s warehouse in and Houston, Tex., to Crystal City, Mo. burg, Alaska, 99833; City Market, Inc., Teaneck, N.J., to New York, N.Y., re­ Grounds for relief— Market competi­ Post Office Box 140 Wrangell, Alaska, turned shipments of the same commod­ tion. 99929; Ship to Shore Trading Co., Post ities in the reverse direction. Restricted Tariffs— Supplements 225 and 86 to Office Box 693, Petersburg, Alaska, to service as a contract motor carrier un­ Southwestern Freight Bureau, agent, 99833; Sanitary Market, Post Office Box der a continuing contract with 3M Busi­ tariffs ICC 4450 and 4564, respectively, 1037, Petersburg, Alaska, 99833; Mitkof ness Products Sales, Inc., of Teaneck, and supplement 108 to Southern Freight Sales & Service, Post Office Box 173, N.J., for 150 days. Supporting shipper: Association, agent, tariff ICC S-272. Petersburg, Alaska, 99833; Petersburg 3M Business Products Sales, Inc., 480 Al­ FSA No. 40336-—Liquefied petroleum Marine & Logging Supply, Post Office fred Avenue, Teaneck, N.J. Send pro­ gas to points in Illinois Freight Associa­ sox 548, Petersburg, Alaska, 99833. tests to: Robert E. Johnston, District Su­ tion and western trunkline territories. send protests to: C. W. Campbell, Dis- pervisor, Bureau of Operations and Com­ Filed by Southwestern Freight Bureau, nct Supervisor, Bureau of Operations pliance, Interstate Commerce Commis­ agent (No. B-8825), for interested rail na Compliance, Interstate Commerce sion, 346 Broadway, New York, N.Y., carriers. Rates on liquefied petroleum ommission, 203 E astm an Building, 10013. gas, in tank carloads, from points in B°ise, Idaho, 83702. southwestern territory, also Kansas, to By the Commission. No. MC 127625 (Sub-No. 2 T A ), filed points in Illinois Freight Association and r S S 25,1966- Applicant: SANTEE [ seal] H. N eil G arson, western trunkline territories. CEMENT CARRIERS, INC., Holly Hill, Secretary. Grounds for relief—Motortruck com­ • • Applicant’s representative: Frank petition. N I Jr-> 92117th Street NW., W ash- [F.R. Doc. 66-2283; Filed, Mar. 3, 1966; Tariffs— Supplements 154, 413, and 44 8:49 ajn .] wafc^ 6’ D'C* Authority sought to op- to Southwestern Freight Bureau, agent, vphini85 a comm°n carrier, by motor tariffs ICC 4410, 4279, and 4557, respec­ tively. inp. n °Ver *rreSffiar routes, transport- FOURTH SECTION APPLICATIONS | sanw?®*** from 1116 Plantsite of the By the Commission. [ S c * p®rtland Cement Co,, Holly Hill, FOR RELIEF [ seal] H. N eil G arson, [ Ca»’,. Points in Georgia, North M arch 1,1966. Secretary. east nf^TT ond those in Tennessee on and Protests to the granting of an applica­ e£«tof u.S. Highway 127; and (2) from [F.R. Doc. 66-2285; Filed, Mar. 3, 1966; tion must be prepared in accordance with 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 43— FRIDAY, MARCH 4, 1966 3440 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— MARCH

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 March.

3 CFR Page 7 CFR—Continued *“«• 21 CFR—Continued ** P roposed R ules—Continued P roposed R ules: P roclamations : . 3705 ______3221 1067______3401 121------._------3402 1070 ______:_____ 3401 3706 ______3223 125------3301 1071 ______26 3401 CFR 5 CFR 1073______3401 213____ 3283 1074______3401 1 ------3285 302______3381 1078 ______3401 170------3285 337______3381 1079 ______P roposed 3401 R ules: 870______3381 1090______3401 1---- 3263 1096 ______3401 31______3263 7 CFR 1097 ______3257, 3401 301______3263 401______3225, 3335 1098 ______3401 28 CFR 410______3335 1099 ______3401 811______— ______3283 1102______32570------3286 1001______.______3383 1104______3 3401 6 CFR 1002 ______3383 1106______3401P roposed R u les: 1003 ______3381, 3383 1108______:_____ 3257, 3401 7______3253 1004______3383 1120______3401 1011______3383 1126 ______3401 33 CFR 1015 ______3383 1127 ______3401 202___ 3343 1016 ______3382, 3383 1128 ______207______3401 3343 1030 __ 3383 1129 ______3401 1031 ______3383 1130 ______3296, 3401 3 9 CFR 1032™______3383 17______3286 1132______3401 52______3286 1033 ______- ______3225 9 CFR 1034 ______3227 200______32 34, 3397 P roposed R ules: 1036______3383 76______3401 41 CFR 1038 ______3383 5-12______3243 1039 ______3383 12 CFR 5-16____ 3243 1041______3383 563______3229 1043 ______3383 4 2 CFR 1044 ______3383 14 CFR 54______,______3246 1045 ______3383 21______3336 1051______a______3383 39______33884 3 CFR 1062 _____ 3383 43______Public 3336 L and Orders: 1063 ______3383 65______3336 3938______3248 7 1 „ _____ 3230, 1064 ______3383 4 5 CFR 1070 ____ 3383 3231, 3284, 3285, 3337, 3338, 3388 401______— 3244 1071 ______3383 73______3231 502______3245 1078 ______3383 91______3336 801______3286 1079 ______- ______3383 145— a______3336 1094_____ ‘f______3383 Proposed R ules: 4 6 CFR 1097 ______3383 71— ______3347, 3348 201 ______3397 1098 ______— 3383 75___r______3348 206______3397 1099______j______3383 16 CFR 251______3397 1102______3383 287______3397 1103-______3383 13-______3231- 1106______3227, 3383 3233, 3338, 3340-3342, 3389, 3390 4 7 CFR 1108______3383 410______3342 2 __;__ _ . -■______3397 1126______3383 P roposed R ules: 15™™™™!™™™™- ---- 3397 25 1132______3383 142______3349 3286 73l™I™™™™™™ir3289, 3344 1138___ __ 3383 17 CFR 1421______3385 P roposed R ules: 1427______3284 240______3390 . • 3403 1486______3336 P roposed R ules: i rj 3302 250______3424 n *---“ ------3348 P roposed R u l e s :, i t —— ------:::: 3305 52______l ______3253 18 CFR 1003______3294 104______„ 3391 9 7 ™ ™ _ ™ ™ ™ _ I ______3497 1016______3294 204______3391 49 CFR o01. 1030 ______3401 n 3344 1031 ______3401 19 CFR 1032 ______3401 Proposed R ules: 205™!™” ™ ™ !™ ___-___- 3345 1038 ______3401 13______3347 P roposed R u le s: 1039 ______3401 2 0 CFR 71-79______1051______3401 404______3392-3394 1061 ______3401 5 0 CFR .¿(id 1062 ______3401 21 CFR 33______3345, 3346, 3499 1063 ____ 3401 121______a- 3394 P roposed R ules: 1064 ____ 1______3401 166______3397 33______<