FEDERAL REGISTER VOLUME 30 • NUMBER 136

Friday, July 16, 1965 • Washington, D.C. Pages 8949-8986

Agencies in this issue— The President Agency for International Development Agricultural Research Service Civil Aeronautics Board Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Indian Affairs Bureau Interstate Commerce Commission Land Management Bureau National Bureau of Standards National Park Service Securities and Exchange Commission Small Business Administration Wage and Hour Division Detailed list of Contents appears inside. Just Released

LIST OF CFR SECTIONS AFFECTED

January-June 1965

(Codification Guide)

The List of CFR Sections Affected is published monthly on a cumulative basis., It lists by number the titles, parts, and sections of the Code of Federal Regu­ lations amended or otherwise affected by documents published in the F ederal R egister during 1965. Entries indicate the exact nature of all changes effected. This cumulative list of CFR sections affected is supplemented by the current lists of CFR parts affected which are carried in each daily F ederal R egister.

Individually priced: 15 cents a copy 41 Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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

Note to subscribers: The January-June 1965 List of CFR Sections Affected was mailed free of charge to FR subscribers on July 13,1965.

Published daily, Tuesday through Saturday (no publication on Sundays, Monday federalM register on the day after an official Federal holiday), by the Office of the Federal Register, Nat Archivesorem vea turnand neuurusRecords ouviuc,Service, uiuraiuGeneral uciServices v,v/co muu.u.ov.t.v.vs.u.Administration (mail------address Na Area Code 202 r**i«o*- Phone 963-3261 Archives Building, Washington, D.O. 20408), pursuant to the authority contained m t Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the namj istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superxn of Documents, Government Printing Office, Washington, D.C. 20402. «avable in The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, p y advance. The charge for individual copies (minimum 15 cents)'varies in proportion to the size of the issue. Remit check order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. _ our_ The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under , . 0f suant to section 11 of the Federal Register Act, as amended. The Code op F ederal Regulations is sold by the Super Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. »««ttlations. There are no restrictions'on the republication of material appearing in the F ederal Register or th e Code op F ederal Contents

Proposed Rule Making INTERSTATE COMMERCE THE PRESIDENT Control zone and transition area^ COMMISSION EXECUTIVE ORDER proposed modification and des­ ignation______— 8970 Rules and Regulations Adlal E. Stevenson------8953 Control zone, transition area, and Atchison, Topeka and Santa Fe control area extension; proposed Railway Co. ; car service_____ 8968 revocation and designation___ 8971 Fees for copying, certification and EXECUTIVE AGENCIES services in connection there­ AGENCY FOR INTERNATIONAL with______8968 FEDERAL COMMUNICATIONS DEVELOPMENT Notices COMMISSION Notices Finance applications______8982 Rules and Regulations Fourth section applications for Contracting functions; reference relief (2 documents)____ ;____ 8981 changes------8973 Radio broadcast services; elimi­ nation of objectionable loudness Lawrence, John V.; statement of Surplus agricultural commodities; changes in financial interests_ 8982 delegation of authority______8973 of commercial announcements and commercial continuity over Maine Motor Rate Bureau; appli­ cation for approval of agree­ AGRICULTURAL RESEARCH standard, FM and TV broadcast stations______—______8964 ment______8981 SERVICE Motor carrier temporary authority Notices Rules and Regulations - applications (2 documents)___ 8982, Hearings, etc.: 8983 Germicides, disinfectants, and Associated Television Corp. and Organization; a ssig n m en t of sanitizers recommended for use Capital City Television Co—* 8975 work, business and functions_ 8982 in hard waters; interpretation Campbell and Sheftall and Fort concerning labeling claims— „ 8960 LABOR DEPARTMENT Gypsy moth and brown-tail moth; Campbell Broadcasting Co— 8975 Administrative instructions des­ Syracuse Television, Inc., et al— 8976 See Wage and Hour Division, ignating regulated areas__ _ 8958 Exemption of certain articles LAND MANAGEMENT BUREAU from specified requirements— 8959 FEDERAL HOME LOAN Rules and Regulations Quarantine and regulation----- 8955 BANK BOARD Veterans, special considerations; Rules and Regulations mining claims—______8964 AGRICULTURE DEPARTMENT Board rulings; net worth______8963 See Agricultural Research Serv­ Operations; required amounts and NATIONAL BUREAU OF ice; Consumer and Marketing maintenance of Federal insur­ STANDARDS Service. ance reserve—— ,— *— 8962 Rules and Regulations CIVIL AERONAUTICS BOARD Proposed Rule Making Electricity; test fee schedules___ 8963 Operations; reappraisal of assets. 8972 Notices NATIONAL PARK SERVICE Hearings, etc.: Notices Air Jamaica, Ltd-______8974 FEDERAL MARITIME Cordova Airlines, Inc______8974 Administrative Officer and Gen­ International Air Transport As­ COMMISSION eral Supply Assistant; delega­ sociation (2 documents) - 8973,8974 Notices tion of authority..______I___ _ 8973 Agreements filed for approval: SECURITIES AND EXCHANGE COMMERCE DEPARTMENT American Union Transport See National Bureau of Standards. Forwarding, Inc., et al____ 8976 COMMISSION A. P. Moller-Maersk Line and Notices CONSUMER AND MARKETING Kawasaki Kisen Kaisha, Ltd.. 8977 SERVICE Oy Finnlines, Ltd., and Sea- Hearings, etc.: train Lines, Inc______8978 Beneficial Finance Co. and Rules and Regulations Thailand/Pacific Freight Con­ Schick Electric Co______8980 Fresh Bartlett pears, plums, and ference______8978 Idamont Oil & Mining Co_____ 8980 Elberta peaches grown in Cali­ STC Investment Corp______8981 fornia; expenses and rate of SMALL BUSINESS assessment______8961 FEDERAL POWER COMMISSION Irish potatoes grown in Modoc and ADMINISTRATION Siskiyou Counties in California Notices Notices and in all counties in Oregon Hearings, etc.: except Malheur County; ship­ Caulkins Oil Co. et al____ 1___ 8979 Investment activities; delegation ment limitations___ ;______8961 Underwood, Rip C., et al______8978 of authority------8978 Nectarines grown in California; Regional Officers of Pacific Coastal expenses and rate of assessment Area; delegation of authority to and carryover of unexpended conduct program activities— 8978 funds ______8960 INDIAN AFFAIRS BUREAU Plums grown in California; regu­ Proposed Rule Making STATE DEPARTMENT lation by grade and size; correc­ Off-reservation treaty fishing___: 8969 See Agency for International De­ tion------3961 velopment f e d e r a l a v ia t io n a g e n c y INTERIOR DEPARTMENT WAGE AND HOUR DIVISION Rules and Regulations See Indian Affairs Bureau; Land Rules and Regulations Airworthiness; directives; Vertol Management Bureau; National Tobacco industry in Puerto Rico; Model 10T-n helicopters-____ 8963 Park Service. wage rates______... ______8964 8951 8952 CONTENTS

List of CFR Parts Affected (Codification Guide)

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

P roposed R u l e s : 29 CFR 3 CFR 563_____^______8972 E xecutive O rder: 657______— — ___ 8964 11233______8953 14 CFR 43 CFR 7 CFR 39______8963 301 (3 documents)___ 8955, 8958,8959 P roposed R u l e s : 2030...... _____------8964 362______896071 (2 documents)______8970,8971 916______—______- ____ - 8960 47 CFR 917 (2 documents)______— 8961 T5 CFR 73...... -L——*___ 8964 947______8961 201__.______8963 12 CFR 25 CFR 49 CFR 563______■ 8962 P roposed R u l e s : 6______8968 570...... — 8963 255_—______— 8969 95______IM _____ 8968 Presidential Documents

Title 3— THE PRESIDENT

Executive Order 11233 ADLAI E. STEVENSON As a mark of respect to the memory of Adlai E. Stevenson, it is hereby ordered, pursuant to the provisions of Section 4 of Procla­ mation 3044 of March 1, 1954, that until interment the flag of the United States shall be flown at half-staff on all buildings, grounds and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. L yndon B. J ohnson T h e W h ite H ouse, J u ly 1J, 1965. [F.R. Doc. 65-7572; Filed, July 14,1965; 3:18 p.m.]

Rules and Regulations

therefore each of the former group of the regulated articles which make it safe Title 7— AGRICULTURE States is hereby quarantined to prevent to relieve the restrictions with respect the spread of the gypsy moth and each thereto, contained in the regulations, he Chapter III— A g ricultural Research of the latter group of States is hereby shall promulgate administrative instruc­ Service, Department of Agriculture quarantined to prevent the spread of the tions relieving the restrictions in specified PART 301— DOMESTIC QUARANTINE brown-tail moth. respects. Whenever the Director finds (b) Regulation of movement of reg­that such facts no longer exist, he shall NOTICES ulated articles. Hereafter, the articles revoke or modify such administrative in­ Subpart— Gypsy Moth and Brown- designated as gypsy moth regulated ar­ structions so as to reinstate the re­ , Tail Moth ticles in paragraph (c) of this section strictions of the regulations to the extent shall not be moved from any gypsy moth necessary to effectuate the purposes On November 7, 1964, there was pub­ quarantined State into or through any of this subpart. The Director may also lished in the F ederal R egister (29 F.R. other State, District, Commonwealth, or provide in such administrative instruc­ 15090) as F.R. Doc. 64-11434, a notice Territory of the United States in any tions that restrictions are relieved only of public hearing and notice of rule mak­ manner or method or under any condi­ if the regulated articles are shipped from ing pertaining to Notice of Quarantine tions other than those prescribed in the premises specifically approved by him No. 45 relating to -the gypsy moth and regulations set forth in this subpart, upon his determination that sanitation brown-tail moth, and the regulations except as otherwise provided in sub- practices adequate to prevent the spread supplemental to said quarantine (7 CFR paragraphs (1) and (2) of this para­ of infestation are being maintained at 301.45 and 301.45-1 et seq.). After due graph. In addition, the articles desig­ such premises. Notices containing lists consideration of all relevant matters nated as brown-tail moth regulated ar­ of such premises shall be published in the presented at the hearing and in response ticles in paragraph (c) of this section F ederal R egister and information there­ to the notice of rule making, and pur­ shall not be moved hereafter from any on shall also be available from the Plant suant to the authority conferred by sec­ brown-tail moth quarantined State into Pest Control Division. tions 8 and 9 of the Plant Quarantine or through any other State, District, (c) Regulated articles. The articles Act of August 20, 1912, as amended, and Commonwealth, or Territory of the designated in subparagraphs (1) and section 106 of the Federal Plant Pest Act United States in any manner or method (3) of this paragraph are capable of (7 UJS.C. 161, 162, 150ee>, the said no­ or under any conditions other than those carrying gypsy moth infestation from tice of quarantine and supplemental prescribed in the regulations set forth in the gypsy moth regulated areas and regulations are hereby revised to read this subpart, except as otherwise pro­ therefore are gypsy moth regulated as follows: vided in subparagraphs (1) and (2) of articles under this subpart, and the Quarantine this paragraph. articles designated in subparagraphs (2) Sec. (1) Limiting restrictions upon move­and (3) of this paragraph are capable of 301.45 Notice of quarantine. ment of regulated articles to regulated carrying brown-tail moth infestation R egulations area. If less than an entire quarantined from the brown-tail moth regulated areas 301.45- 1 Definitions. State has been designated a regulated and therefore are brown-tail moth regu­ 301.45- 2 Designation of regulated areas. area, the restrictions imposed by the reg­ lated articles under this subpart: 801.45- 3 Restrictions on the movement of ulations in this subpart upon the move­ (1) Gypsy moth designated articles regulated articles. ment of regulated articles shall apply {Class “A” articles). (i) Trees, shrubs 301.45- 4 Issuance and use of certificates and only to such designated regulated area. with persistent woody stems, and parts limited permits. A portion of a quarantined State will be thereof, with bark attached. 301.45- 6 Cancellation of certificates and designated a regulated area if, and only limited permits. (ii) Timber and timber products with 301.45- 6 Inspection and disposal. if, the Administrator of the Agricultural bark attached. 301.45- 7 Shipments for experimental or Research Service is of the opinion that: (iii) Stone and quarry products. other scientific purposes. (1) The State is enforcing regulations (2) Brown-tail moth designated ar­ 301.45- 8 Nonliability of Department. concerning the intrastate movement of ticles (Class “A” Articles). Deciduous 301.45- 9 Movement of live gypsy moths and the live insect or insects for which the trees and shrubs, and branches and other brown-tail moths; regulations. State is quarantined by paragraph (a) parts thereof, with leaves attached. Authority: The provisions of this subpart of this section and the articles desig­ (3) Articles determined to present Issued under secs. 8,9,37 Stat. 318, as amend­ nated as regulated articles in paragraph hazards (Class “B" articles). Any other ed, sec. 106, 71 Stat. 33; 7 U.S.C. 161, 162, (c) of this section, and such State regu­ products and articles, including means 150ee; 29 P.R. 16210, as amended, 30 P.R. 5801. lations establish substantially the same of conveyance, of any character what­ Q uarantine control conditions as are imposed under soever, not covered by subparagraphs (1) the comparable provisions of this sub­ and (2) of this paragraph, when it is de­ § 301.45 Notice of quarantine. part. termined by the inspector that they pre­ (a) Quarantined States. Pursuant to (ii) The State is enforcing regulations sent a hazard of spread of infestation, section 8 of the Plant Quarantine Act of that establish sanitation measures which and the person in possession thereof has August 20, 1912, as amended (7 U.S.C. are adequate to prevent the intrastate been so notified. 161), and after public hearing, it has been spread of the insect or insects for which determined that it is necessary to quar­ the State is quarantined by paragraph R egulations antine the States of Connecticut, Maine, (a) of this section and such State regu­ § 301.45—1 Definitions. Massachusetts, New Hampshire, New lations apply to the area to be designated as regulated area; and For the purposes of the provisions in Jersey, New York, Rhode Island, and this subpart, except where the context Vermont to prevent the spread of infes­ (iii) The designation of less than the otherwise requires, the following terms tations of Porthetria dispar L., com­ entire State as a regulated area will shall be construed, respectively, to mean: monly known as the gypsy moth, and the otherwise adequately prevent the inter­ (a) Administrative instructions. Pub­ States of Maine, Massachusetts, and state spread of the insect or insects for lished rules relating to the enforcement Hampshire to prevent the spread which the State is quarantined by para­ of the provisions in this subpart is­ of infestations of Nygmia phaeorrhoea graph (a) of this section. sued under authority of such provisions ponov., commonly known as the brown- (2) Relieving of restrictions by ad­ by the Director. tail moth, dangerous insects injurious to ministrative instructions. Whenever the (b) Administrator of the Agricultural forest and shade trees and not heretofore Director of the Plant Pest Control Divi­ Research Service {or Administrator). widely prevalent or distributed within sion finds that facts exist as to the pest The Administrator of the Agricultural and throughout the United States, and risk involved in the movement of any of Research Service, U.S. Department of 8955 8956 RULES AND REGULATIONS Agriculture, or any officer or employee to be undertaken as an objective, as § 301.45—3 Restrictions on the move­ of said Department to whom authority designated in administrative Instructions ment o f regulated articles. to act in his stead has been nr may here­ authorized in § 301.45-2. (a) Applicability of restrictions. (1) after be delegated. § 301.45—2 Designation of regulated The movement of the gypsy moth regu­ (c) Brown-tail moth. The insect areas. lated articles is restricted from any gypsy known as the brown-tail moth (Nygmia moth regulated area into or through any phaeorrhoea Donov.), in any stage of de­ (a) The Director, from time to time, point outside of the gypsy moth regulated velopment. in administrative instructions promul­ areas, or from any gypsy moth generally (d) Certificate. A document, issued gated by him, shall list each gypsy moth infested area into or through any gypsy or authorized by the inspector, evidenc­ quarantined State and shall designate moth suppressive area, or between or ing compliance with the requirements such entire State as a gypsy moth regu­ within the gypsy moth suppressive areas, of this subpart. lated area or shall list the counties, as provided in this subpart. No restric­ (e) Dealer-carrier agreement. A n cities, townships, towns, districts, vil­ tion is imposed by this subpart on the agreement to comply with stipulated lages, or other minor civil divisions, or movement of gypsy moth regulated ar­ conditions, executed by persons en­ parts thereof, in such quarantined State ticles from any gypsy moth suppressive gaged in purchasing, assembling, ex­ in which he determines infestation of area directly into any gypsy moth gener­ changing, handling, processing, utilizing, the gypsy moth exists or is likely to exist, ally infested area. treating, or moving regulated articles. or which he deems it necessary to regu­ (2) The movement of the brown-tail (f) Director of the Plant Pest Control late because of their proximity to gypsy moth regulated articles is restricted from Division (or Director). The Director moth infestation ontheir inseparability any brown-tail moth regulated area into of the Plant Pest Control Division, Ag­ for quarantine enforcement purposes or through any point outside of the ricultural Research Service, U.S. Depart­ from gypsy moth infested localities, and brown-tail moth regulated areas, or from ment of Agriculture, or any officer or shall designate such civil divisions, or any brown-tail moth generally infested employee of said service to whom au­ parts thereof, as constituting a gypsy area into or through any brown-tail thority to act in his stead has been or moth regulated area. Less than an en­ moth suppressive area, or between or may hereafter be delegated. tire State will be designated as such a within the brown-tail moth suppressive (g) Generally infested areas. That regulated area if, and only if, in the areas, as provided in this subpart. No part of the regulated areas not desig­ judgment of the Administrator, limiting restriction Is imposed by this subpart on nated as suppressive areas in adminis-: the enforcement of the regulations to the movement of brown-tail moth regu­ trative instructions au th o riz e d in a portion of the State will be adequate to lated articles from any brown-tail moth § 301.45-2. prevent the spread of the gypsy moth suppressive area directly into any brown- (h) Gypsy moth. The insect known from the State as provided in § 301.45 tail moth generally infested area. as the gypsy moth (Porthetria dispar L.), (b)(1). (b) Conditions of movement. Except in any stage of development. (b) The Director, from time to time, as provided in paragraph

from any gypsy moth regulated area may limited permits in accordance with the § 301.45—7 Shipments for experimental be moved therefrom into or through any provisions of the dealer-carrier agree­ or other scientific purposes. gypsy moth regulated area or to points ment and will maintain such safeguards Regulated articles which may be in­ outside thereof without further restric­ against the establishment and spread of fested and have not been treated in an tion when their point of origin is clearly infestation and comply* with such con­ approved manner may be moved under indicated, when their identity has been ditions as to the maintenance of identity, this subpart for experimental or other maintained, when they have been safe­ handling, and subsequent movement of scientific purposes, only on such condi­ guarded against infestation while in the such articles and the cleaning and treat­ tions and under such safeguards as may gypsy moth regulated area in a manner ment of means of conveyance and con­ be prescribed by the Director of the satisfactory to the inspector, and when tainers used in the transportation of Plant Pest Control Division to carry out in the judgment of the inspector such such articles as may be required by the the purposes of this subpart. The con­ movement does not present a hazard of inspector to prevent the spread of tainer or, if there is none, the article the spread of the gypsy moth. Other­ infestation. itself shall bear, securely attached to wise such gypsy moth regulated articles (d) Attachment of certificates andthe outside thereof, an identifying tag shall be subject to all applicable require­ limited permits. Every container of reg­ issued by the Director. ments under this subpart for articles ulated articles, or, if there is none, the originating in the gypsy moth regulated article itself, required to have a certifi­ § 301.45—8 Nonliability of Department. area. cate or limited permit under § 301.45-3, The U.S. Department of Agriculture (2) Brown-tail moth regulated articlesshall have such certificate or permit disclaims liability for any cost incident which originate outside of the brown-tail securely attached to the outside thereof to inspection or treatment required under moth regulated areas and are moving when offered for movement under said the provisions in this subpart, othe. than through or are being reshipped from any section, except that where the regulated for the services of the inspector. brown-tail moth regulated area may be articles are adequately described on a moved therefrom into or through any certificate or limited permit attached to § 301.45—9 Movement of live gypsy brown-tail moth regulated area or to the waybill or other shipping document moths or brown-tail moths. points outside thereof without further that accompanies the regulated articles, Regulations requiring a permit for, restriction when their point of origin is the attachment of a certificate or limited and otherwise governing the movement clearly indicated, when their identity permit to each container of the articles, of live gypsy moths and brown-tail moths has been maintained, when they have or to the article itself, will not be re­ are contained in Part 330 of this chapter. been safeguarded against infestation quired. If the certificate or limited per­ Applications for permits for the move­ while in the brown-tail moth regulated mit is attached to the waybill or other ment of said pests may be made to the area in a manner satisfactory to the in­ shipping document that accompanies the Director, Plant Pest Control Division, spector, and when in the judgment of the regulated articles it shall be furnished Agricultural Research Service, Hyatts- inspector such movement does not pre­ by the carrier to the consignee at the ville, Md., 20781, in accordance with said sent a hazard of the spread of the brown- destination of the shipment. part. tail moth. Otherwise such brown-tail moth regulated articles shall be subject § 301.45—5 Cancellation of certificates This revision shall become effective to all applicable requirements, under this and lim ited permits. July 16,1965, when it shall supersede the subpart for articles originating in the ' Certificates or limited permits for any quarantine and regulations effective July brown-tail moth regulated area. regulated articles issued under the reg­ 20,1956, as amended, and as republished ulations in this subpart may be with­ December 29, 1959 (7 CFR 301.45, 301.- § 301.45—4 Issuance and use of certifi­ drawn or canceled and further certifi­ 45-1 etseq.). cates and limited permits. cates or permits for such articles may Pursuant to a notice published in the (a) Certificates. Certificates may be be refused by the inspector whenever he F ederal R egister on November 7, 1964 issued by the inspector for the movement determines that the further use of such (29 F.R. 15090), a public hearing was of any regulated articles under any of certificates or permits might result in held at New York City on December 16, the following conditions: the spread of infestation. 1964, regarding quarantining New Jer­ (1) When originating in a noninfested sey and Pennsylvania on account of portion of a regulated area and when § 301.45—6 Inspection and disposal. the gypsy moth. The present status of not exposed to infestation while within Any properly identified inspector is brown-tail moth infestations was also the regulated area; authorized to stop and inspect, without considered at such hearing. After due (2) When they have been examined a warrant, any person or means of con­ consideration of all relevant matters pre­ by the inspector and found to be free of veyance moving from any State, District, sented at such hearing and in response infestation; Commonwealth, or Territory of the to the notice of rule making, it has been (3) When they have been treated to United States into or through any other decided to add New Jersey to the list of destroy infestation under the direction such State, District, Commonwealth, or States quarantined because of the gypsy of the inspector and in accordance with Territory and any plant pest and any moth. Since information discloses that administratively authorized procedures product or article of any character what­ Pennsylvania is committed to an aggres­ known to be effective under the soever carried thereby, upon probable sive program which should control the conditions in which applied; or cause to believe that such means of con­ dissemination of gypsy moth infestations (4) When they were grown, produced,veyance, product, or article is infested and implement the eradication of such manufactured, stored, or handled in such or infected by or contains any plant pest infestations in that State, it has been manner that, in the judgment of the or is moving subject to any regulations decided not to quarantine Pennsylvania Inspector, no infestation would be under the Federal Plant Pest Act or that because of the gypsy moth. transmitted thereby. such person or means of conveyance is It has also been decided to distinguish (b) Limited permits. Limited per­ carrying any plant pest subject to said the States quarantined because of the mits may be issued by the inspector for act, and to stop and inspect, without a gypsy moth from the States quarantined the movement of noncertified regulated warrant, any means of conveyance so because of the brown-tail moth and to articles to specified destinations for moving, upon probable cause to believe include in the latter category only the limited handling, utilization, or proc­ it is carrying any product or article pro­ States which are actually infested with essing, or for treatment. hibited or restricted movement under the brown-tail moth. Accordingly, Con­ (c) Dealer-carrier agreement. As a the Plant Quarantine Act or any quar­ necticut, New York, Rhode Island, and condition of issuance of certificates or antine or order thereunder. Such in­ Vermont are no longer quarantined be­ limited permits for the movement of spector is authorized to seize, destroy, cause of the brown-tail moth, but are still or otherwise dispose of, or require dis­ quarantined because of the gypsy moth. regulated articles, any person engaged Maine, Massachusetts, and New Hamp­ £ pHfchasing’ assembling, exchanging, posal of, products, articles, means of con­ Handling, Processing, utilizing, treating, veyance, and plant pests in accordance shire are quarantined because of both the or moving such articles may be required brown-tail moth and the -gypsy moth. with section 105 of the Federal Plant In addition, timber and timber prod­ to sign a dealer-carrier agreement stipu­ Pest Act and section 10 of the Plant ucts are now designated gypsy moth reg­ lating that he will use all certificates and Quarantine Act (7 U.S.C. 150dd, 164a). ulated articles only if they have bark No. 136----- 2 8958 RULES AND REGULATIONS attached, and certain nonsubstantive las Plantation, Farmington, Freeman, Green- ville, Far Hills, North Plainfield, Peapack- changes have been made in the format vale, Industry, Jay, Jerusalem, Kingfield, Gladstone, and Watchung. of the quarantine and supplemental reg­ Madrid, Mount Abraham, New Sharon, New Sussex County. The townships of An­ Vineyard, Perkins, Phillips, Rangeley Planta­ dover, Byram, Frankford, Green, Hardyston., ulations in the interests of clarity and tion, Redington, Salem, Sandy River Planta­ .Lafayette, Sparta, Vernon, and Wantage; simplification. tion, Strong, Temple, Washington, Weld, and and the boroughs at Andover, Branchville, Insofar as this action imposes restric­ Wilton, and Townships D and E. Franklin, Hamburg, Hopatcong, Ogdensburg, tions necessary to prevent the dissemina­ Hancock County. All of the county ex­ Stanhope, and Sussex. tion of gypsy moth infestations, it should cept Plantations 3, 4, 35, and 41. Union County. The townships of Berkeley be made effective promptly to accomplish Kennebec County. The entire county. Heights and Scotch Plains; the boroughs of its purpose in the public interest. To Knox County. The entire county. Fanwood, Mountainside, and New Provi­ the extent that this revision relieves re­ Lincoln County. The entire county. dence; and the town of Westfield. strictions presently imposed, it should Oxford County. All that part of the coun­ (2 ) Suppressive area. None. ty lying south and southeast of, and includ­ New York be made effective promptly in order to be ing, the towns of Magalloway and Richard- of maximum benefit to persons subject to sontown. (1) Generally infested area: restrictions which are being relieved ; and Penobscot County. The towns of Alton, Albany County. The entire county. insofar as this revision contains nonsub­ Argyle, Bradford, Bradley, Carmel, Charles­ Clinton County. The entire county. ton, Clifton, Corinna, Corinth, Dexter, Dix- Columbia County. The entire county. stantive changes in format, notice and Delaware County. The tow ns of Andes, other public procedure with respect to mont, Eddington, Edinburgh, Enfield, Etna, Exeter, Garland, Glenbum, Grand Falls Bovina, Davenport, Delhi, Harpersfield, Kort- such changes would serve no useful Plantation, Greenbush, Greenfield, Hamp­ right, Meredith, Middletown, Roxbury, and purpose. den, Hermon, Holden, Howland, Hudson, Stam ford. Accordingly, it is found upon good Kenduskeag, La Grange, Levant, Lincoln, Dutchess County. The entire county. cause under section 4 of the Administra­ Lowell, Mattamiscontis, Maxfleld, Milford, Essex County. The towns of Chesterfield, tive Procedure Act (5 TLS.C. 1003), that Newburgh, Newport, Orono, Orrington, Pas- Crown Point, Elizabethtown, Essex, Jay, sadumkeag, Plymouth, Stetson, Summit, and Keene, Lewis, Minerva, Moriah, North Hud­ further notice and other public proce­ son, Schroon, Ticonderoga, Westport, Wills- dure with respect to this revision are Veazie, and the cities of Bangor, Brewer, and Old Town. boro, and Wilmington. unnecessary, impracticable, and contrary Piscataquis County. The towns of Abbott, Franklin County. The town of Chateau- to the public interest, and good cause is Atkinson, Dover-Foxcroft, Guilford, Kings­ gay. found for making this revision effective bury Plantation, Medford, Milo, OrneviUe, Fulton County. The entire county. less than 30 days after publication in Greene County. The entire county. Parkman, Sangerville, Sebec, and Wellington. Hamilton County. The towns of Benson, the F ederal R egister. Sagadahoc County. The entire county. Somerset County. All that part of the Hope, Indian Lake, Lake Pleasant, and Wells. Done at Washington, D.C., this 13th county lying south and southest of, and Herkimer County. The towns of Columbia, day of July 1965. including, Highland and Pleasant Ridge Danube, Fairfield, Frankfort, German Fiatts, Plantations, town of Moscow, and Mayfield Herkimer, Litchfield, Little Falls, Manheim, I seal! E. P. R eagan, Plantation. Newport, Norway, Salisbury, Schuyler, Stark, Acting Administrator, Waldo County. The entire county. Warren, and Winfield; and the city of Little Agricultural Research Service. F alls. Washington County. The towns of Bed­ Montgomery County. The «entire county. [F.R. Doc. 65-7533; Piled, July 15, 1965; dington, Cherryfield, Columbia, Deblois, Har­ Nassau County. The entire county. 8:48 a.m .] rington, Millbridge, and Steuben, and Orange County. The towns of Blooming Plantations 18 and 24. Grove, Cornwall, Chester, Crawford, Goshen, York County. The entire county. Hamptonburg, Highlands, Minisink, Monroe, [P.P.C.617,3d Rev.] (2) Suppressive area. None, Montgomery, Mount Hope, Newburgh, New Massachusetts W indsor, Tuxedo, W aUkill, Warwick, Waway- PART 301— DOMESTIC QUARANTINE anda, and Woodbury; and the cities of NOTICES <1) Generally infested urea. All counties Middletown, and Newburgh. in the State. Otsego County. The tow ns o f Cherry Subpart— Gypsy Moth and Brown- (2 ) Suppresive area. None. Valley, Decatur, Maryland, Middlefield, Ot­ Tail Moth New Hampshire sego, Richfield, Roseboom, Springfield, West- ford, and Worcester. A dministrative I nstructions D esignat­ (1) General'y infested area: Putnam County, The entire county. in g R egulated A reas Belknap County. The entire county. Rensselaer County. The entire county. CarroU County. The entire county. Rockland County. The entire county. Pursuant to § 301.45-2 of the regula­ Cheshire County. The entire county. Saratoga County. The entire county. tions supplemental to the gypsy moth and Coos County. All that part of the county Schenectady County. The entire county. brown-tail moth quarantine C7 CFR lying south of, and including, the towns of Schoharie County. The entire county. 301.45-2), under sections 8 and 9 of the Stratford, Odell, Dummer, and Cambridge. Suffolk County. The entire county. Plant Quarantine Act of 1912, as Grafton County. The entire county. Sullivan County. The towns of Falls- amended, and section 106 of the Fed­ Hillsboro County. The entire county. burgh, Liberty, Mamakating, Neversink, and Merrimack County. The en tire county. Thom pson. eral Plant Pest Act <7 TJ.S.C. 161, 162, Rockingham County. The entire county. Ulster County. The entire county. 150ee), administrative instructions ap­ Strafford County. The entire county. WarrenCounty. The entire county. pearing as 7 CFR 301.45-2a are hereby Sullivan County. The entire county. Washington County. The entire county. revised to read as follows; (2) Suppressive area. None. Westchester County. The entire county. New J ersey (2) Suppressive area: § 301.45—2a Administrative instructions Delaware County. The towns of Colches­ designating regulated areas under (1) Generally infested area: ter, Deposit, Franklin, Hamden, Hancock, the gypsy moth and brown-tail moth Bergen County. The townships of Mah- Masonville, Sidney, Tompkins, and Walton. quarantine and regulations. way, River Vale, and Washington; and the Madison County. The town of Brookfield. boroughs of Alpine, Closter, Cresskill, Dema- Oneida County. The towns of Bridge- (a) The following States, counties,rest, Englewood Cliffs, Franklin Lakes, Har­ water, Deerfield, Kirkland, Marcy, Marshall, townships, towns, cities, boroughs, plan­ rington Park, Hillsdale, Hohokus, Montvale, New Hartford, Paris, Sangerfield, Westmore­ tations, and parts thereof, in the quaran­ Northvale, Norwood, Oakland, Old Tappan, land, and Whitestown; and the city of Utica. tined States listed below, are designated Park Ridge, Ramsey, Rockleigh, Saddle River, Orange County. The tow ns o f Deer Park as gypsy moth regulated areas within Tenafly, Upper Saddle River, Westwood, and and Greenville. the meaning of the provisions of this Woodcliff Lake. Otsego County. The towns of Burlington, Essex County. The township of Living­ Butternuts, Edmeston, Exeter, Hartwick, subpart: ston; and the boroughs of Caldwell, Essex, Connecticut Laurens, Milford, Morris, New Lisbon, Fells, Fairfield, North Caldwell, Roseland, Oneonta, Otego, Pittsfield, Plainfield, ana (1.) Generally infested area. All counties Verona, and West Caldwell. Unadilla; and the city of Oneonta. in the State. Morris County. The entire county. Sullivan County. The towns of Betnei, (2) Suppressive area. None. Passaic County. The townships of Wayne Callicoon, Cochecton, Delaware, Forestburg, Maine and West Milford; and the boroughs of Fremont, Highland, Lumberland, Rocklana, Bloomingdale, Haledon, North Haledon, and Tusten. ( 1 ) Generally infested area : R hode I sland Androscoggin County. The entire county. Pompton Lakes, Ringwood, and Wanaque. Cumberland County. The entire county. Somerset County. The townships of Bed- (1) Generally infested area. All counties Franklin County. The towns of Avon, Ber­ minster, Bernards, Bridgewater, Greenbrook, in the State. lin, Carthage, Chesterville, Crockertown, Dal­ and Warren; and the boroughs of Bernards- (2) Suppressive area. None. Friday, July 16, 1965 FEDERAL REGISTER 8959 Vebmont following previously nonregulated lo­ lated articles are exempted from the cer­ (1) Generally infested or ear calities: New Jersey-—Morris County, tification and permit requirements of Addison County. Hie entire county. and parts of Bergen, Essex, Passaic, Som­ 9 301.45-3 when they have not been ex­ Bennington County, The entire county. erset, Sussex, and Union Counties ;. New posed to infestation or when sanitation Caledonia County, Hie towns of Barnet, York—Town of Chateaugay in Franklin Danville, Groton, Kirby, Peacham, Ryegate, practices are maintained as prescribed St. Johnsbury, and Waterford. County and towns of Indian Lake and by or to the satisfaction of the inspector: Chittenden County. The entire county. Lake Pleasant in Hamilton County; and (a) Trees and shrubs and parts there­ Essex County. The towns of Concord, Vermont—Town of Cambridge in La­ of that have been grown in a green­ Granby, Guildhall, Lunenburg, Maidstone, moille County. Localities transferred house throughout the year when so and Victory. from a suppressive area to a generally labeled on the outside of each container. Franklin County. The towns of Fairfax, infested area category in New York in­ (b) Parts of trees and shrubs with Fairfield, Fletcher, Franklin, Georgia, High clude all of Nassau and Westchester bark attached that have been dried, Gate, St. Albans, Sheldon, and Swanton; and Counties, 18 towns and 2 cities in Orange the city of St. Albans. pressed, waxed, lacquered, varnished, or Grande Isle County. The entire county. County, and 5 towns in Sullivan County. otherwise surface treated; and manu­ LamoiUa County. The towns of Cambridge This revision also separates the brown- factured wood products. and Elmore. tail moth regulated areas from the gypsy (c) Cuttings with stems no greater Orange County. The entire county. moth regulated areas, thus restricting than one-half inch in diameter and Rutland County. The entire county. the brown-tail moth regulated areas to scions. Washington County, The entire county. localities actually infested with such pest (d) Stone and quarry products when Windham County. The entire county. or threatened thereby. These general­ Windsor County. The entire county. processed by crushing, grinding, or pul­ (2) Suppressive area. None. ly infested localities comprise York verizing. County in Maine ; Bamestable and Essex (e) Mined, quarried, or manufactured (b) The following counties, in theCounties in Massachusetts; and Belknap, stone and quarry products shipped di­ quarantined States listed below, are des­ Carroll, Cheshire, Grafton, Hillsboro, rectly from establishments specifically ignated as brown-tail moth regulated Merrimack, Rockingham, Strafford, and approved by the Director. areas within the meaning of the provi­ Sullivan Counties in New Hampshire. (Bee. 9, 37 Stat. 318, see. 106, 71 Stat. 33; sions of this subpart: Insofar as this revision imposes re­ 7 U.S.C. 162, 150ee. Interprets or applies sec. Maine strictions necessary to prevent the dis­ 8, 37 Stat. 318; as amended; 7 U.S.C. 181; 29 semination of gypsy moth infestations, FJR. 10210, as amended, 80 FJt. 5801; 7 CFR (.1) Generally infested area: it should be made effective promptly to 301.45) York County. The entire county. accomplish its purpose in the public in­ (2) Suppressive area. None. terest. To the extent that this revision These administrative instructions shall Massachusetts become effective July 16,1965, when they relieves restrictions presently imposed, shall supersede P.P.C. 386, 2d Revision, (1) Generally infested area: it should be made effective promptly in Barnstable County. The entire county. order to be of maximum benefit to per­ 7 CFR 301.45a, effective July 20, 1956. Essex County. The entire county. sons subject to the restrictions which are This revision of the administrative in­ (2) Suppressive area. None. being relieved. structions deletes certain plants and plant parts, and lumber free of surface New Hampshire Accordingly, it is found upon good bark, shavings, sawdust, woodflour, ex­ (1) Generally inf ested area: cause under section 4 of the Administra­ celsior, cedar bedding, seeds, fruits, and Belknap County. The entire county. tive Procedure Act (5 UH.C. 1003) , that cones from the list of exempted articles Carroll County, The entire, county. notice and other public procedure with since such articles are no longer regu­ Chesire County. The entire county. respect to this revision are impracticable Grafton County. The entire county. and contrary to the public interest, and lated under § 301.45 of the concurrently Hillsboro County. The entire county. good cause is found for making this effective revised gypsy moth and brown- Merrimack County. The entire county. revision effective less than 30 days after tail moth quarantine (7 CFR 301.45). Rockingham County. The entire county. Pulpwood is also deleted from the list of Strafford County. The entire county. publication in the F ederal R egister. exempted articles since the only plants Sullivan County, The entire county. Done at Hysttsville, Md., this 13th day and plant parts that are regulated under (2) Suppressive area. None, of July 1965. such revised quarantine have bark at­ (Sec. 9, 37 Stat. 318, sec. 100, 71 Stat. 33; 7 [ seal] D. R . S hepherd, tached, and most of the pulpwood that is U.S.C. 162, 150ee. Interprets or applies sec. Acting Director, shipped commercially from the regulated 8, 37 Stat 318, as amended; 7 UJS.C. 101; 29 areas is debarked. In addition, the ex­ Fit. 16210, as amended, 30 FJt. 5801, 7 CFR Plant Pest Control Division. 301.45-2) emption relating to cuttings has been [FJR. Dec. 05-7634; Filed, July 15, 1905; relaxed to include all cuttings with These administrative instructions shall 8:49 am .] stems up to one-half inch in diameter, become effective July 16,1965, when they rather than limiting such exemption to shall supersede P.P.C. 617, 2d Revision, IP.P.C. 388, 3d Bev.] cuttings; of certain species or cuttings effective March 24,1961. which are over 12 inches in length. A _Wie Director of the Plant Pest Control FART 301— DOMESTIC QUARANTINE new item has been added to include Division has determined that infestations NOTICES mined, quarried, or manufactured stone of the gypsy moth exist or are likely to and quarry products when the Director ffst in the quarantined States and in Subpart— Gypsy Moth and Brown- specifically approves the establishments the townships, towns, cities, boroughs, Tail Moth from which such products are shipped. plantations, and parts thereof in such E x e m ptio n of Certain A rticles F rom Insofar as this revision deletes certain States, listed hi paragraph (a), or that it S pe c ified R equirements articles that are no longer regulated is necessary to regulate such localities be­ under the provisions of § 301.45, it should cause of their proximity to gypsy moth Pursuant to the authority contained be made effective promptly so that the infestation or their inseparability for in § 301.45(b) (2) of the gypsy moth and administrative instructions will coincide quarantine purposes from gypsy moth brown-tail moth quarantine (Notice of with the notice of quarantine. Insofar infested localities. Such Director has Quarantine No. 45,7 CFR 301.45) , under as this revision relieves certain restric­ auso determined that infestations of the sections 8 and 9 of the Plant Quarantine tions presently imposed, it should be Drown-tail moth exist or are likely to Act of 1912, as amended, and section 106 made effective promptly ih order to be of exist in the counties of the quarantined of the Federal Plant Pest Act (7 U.S.C. maximum benefit to persons desiring to otates listed in paragraph (b), or that 161, 162, 150ee), the administrative in­ ship the articles which are being ex­ is necessary to regulate such counties structions appearing as 7 CFR 301.45a empted from the certification and permit pecause of their proximity to brown-tail are hereby revised to read as follows: requirements of the regulations; and to oth infestation or their inseparability § 301.45a Administrative instructions the extent that this revision imposes cer­ ior quarantine purposes from brown-tail exempting certain articles from re­ tain restrictions necessary to prevent the moth infested localities. quirements of regulations. dissemination of gypsy moth inf estations, . revision adds to the generally in- Under the specific conditions herein it should be made effective promptly in msted gypsy moth regulated areas the set forth, the following gypsy moth regu­ the public interest. 8960 RULES AND REGULATIONS Accordingly, under section 4 of the Ad­ (1) Two stock solutions are prepared. (g) Section 362.14 of the regulations ministrative Procedure Act (5 U.S.C. One, solution A, is made by dissolving defines misbranding to include “any 1003), It is found upon good cause that 31.74 grams of MgCla and 73.99 grams statement directly or indirectly implying notice and other public procedure with of CaCli in boiled distilled water and ad­ that the economic poison or device is respect to this revision are impracticable justing to a one liter volume. The other, recommended or endorsed by any agency and contrary to the public interest, and solution B, is made by dissolving 56.03 of the Federal Government.” There­ good cause is found for making this re­ grams of NaHCO* in boiled distilled water fore, any label claims relating to en­ vision effective less than 30 days after and adjusting to a one liter volume. dorsement or recommendation of a spe­ publication in the F ederal R egister. Solution A may be heat sterilized. Solu­ cific product by the Department or the tion B cannot be heat sterilized, but can U.S. Public Health Service will not be Done at Hyattsville, Md., this 13th day be sterilized by filtration. The required accepted for registration. However, a of July 1965. amount of solution A is added to a sterile claim such as “This product fulfills the [ seal] D. R. S h eph er d, one liter flask and at least 600 mis of criteria of Appendix F as revised March Acting Director, sterile distilled water added. Then 4 12,1956, of the Milk Ordinance and Code, Plant Pest Control Division. mis of solution B is added and the volume 1953 Recommendations of the UJ3. Public [F.R. Doc. 65-7586; Filed, July 15, 1965; brought to one liter with sterile distilled Health Service in waters up to _____ 8:49 a.m .] water. Each ml of solution A used will p.p.m. of hardness calculated as CaCO, give the water a hardness equivalent to when tested by the A.OA.C. Germicidal approximately 100 p.p.m. of hardness and D e te rg e n t Sanitizers-Official [Interpretation 21; Revision I] calculated as CaCO» using the formula: Method” may be accepted. PART 362— REGULATIONS FOR EN­ Total hardness as p.pm. of CaCO,=2.95 X Effective date. This revision of In­ FORCEMENT OF FEDERAL INSEC­ p.p.m. of Ca+4.115xp.pm. of Mg. terpretation 21 shall become effective TICIDE, FUNGICIDE, AND RODENTI- In preparing waters in accordance with upon its publication in the F ederal R eg­ ist e r , when it shall supersede Interpre­ CIDE ACT this procedure, the pH of all test waters up to 2,000 p.p.m. of hardness should tation 21. Interpretation Concerning Labeling fall between 7.6 and 8.0. Chemicals of Done this 12th day of July 1965. Claims for Germicides, Disinfect­ reagent grade should be employed. If J u s t u s C . W ard, ants, and Sanitizers Recommended the hydrate of MgCl, is used, substitu­ tions should be made on an equimolar Director, Pesticides Regulation for Use in Hard Water Areas basis. All synthetic hard waters pre­ Division, Agricutural Re­ Pursuant to the authority vested in me pared for use by this procedure should search Service. by § 362.3 of the regulations (7 CFR be checked chemically for hardness at [FJR. Doc. 65-7536; F iled, Ju ly 15, 1965; 362.3) under the Federal Insecticide, the time the tests are made employing a ' 8:47 a m .] Fungicide, and Rodenticide Act (7 UJS.C. procedure or procedures described in the 135-135k), Interpretation 21 concerning 11th Edition Standard Methods for the labeling claims for germicides, disinfect­ Examination of Water and Sewage. Chapter IX— Consumer and Market­ ants, and sanitizers recommended for use A f .HA. (1960). ing Service (Marketing Agreements in hard water areas (7 CFR 362.119) is (d) In evaluating effectiveness claims and Orders; Fruits, Vegetables, Tree hereby revised to read as follows: for products to be used in waters of Nuts), Department of Agriculture § 362.119 Interpretation concerning la­ specified degrees of hardness according beling claims for germicides, disin­ to the standard outlined in this section, PART 916—NECTARINES GROWN IN fectants, and sanitizers recommended the A.OA.C. Germicidal and Detergent CALIFORNIA. for use in hard water areas. Sanitizers-Official test [Manual of Methods A.OA.C. Ninth Edition, pages Expenses and Rate of Assessment (a) Naturally occurring hard waters 70-72 (1960) ] will be employed. and Carryover of Unexpended Funds act to slow down the rate of germicidal (e) Except as otherwise provided in activity in some germicides, disinfectants, On June 26, 1965, notice of rule mak­ this section, to be acceptable for registra­ ing was published in the F ederal R egis­ and sanitizers recommended for dairy, tion, label claims relating to dairy, food plant utensil, and restaurant use, ter (30 F JR. 8226), regarding proposed restaurant, and food plant utensil use expenses and the related rate of assess­ so that they may not perform satisfac­ must be based upon effective results, torily in all hard water areas when speed ment for the period beginning March 1, within 30 seconds, using the test named 1965, and ending February 28,1966, pur­ of action is a primary requisite to effec­ in paragraph (d) of this section in water tiveness. If a manufacturer or distrib­ suant to the marketing agreement and utor submits labeling which contains of the degree of hardness indicated in Order No. 916 (7 CFR Part 916), regulat­ specific claims and directions for use in the label claims. Supplemental claims ing the handling of nectarines grown in hard water areas, such labeling will be for effectiveness at longer intervals of California. This regulatory program is accepted for registration only if ade­ time or at elevated temperatures in dairy, effective under the Agricultural Market­ quate experimental data are submitted restaurant, and food plant utensil use, or ing Agreement Act of 1937, as amended to justify the claims and representations in other specified applications, will be (7 UJS.C. 601-674). After consideration proposed. given consideration, but should not be of all relevant matters presented, includ­ (b) To be acceptable for registration, made in a manner to confuse the basic ing the proposals set forth in such notice all claims proposed in this connection recommendation by the manufacturer. which were submitted by the Nectarine must be specific. Broad, general, and Any labeling bearing claims relative to Administrative Committee (established indefinite claims are likely to be mis­ effectiveness in hard water in any type pursuant to said marketing agreement leading and cannot be accepted. of application must bear an equally and order), it is hereby found and de­ prominent declaration based on the pro­ termined that: (c) There is considerable variation in cedure specified above. natural hard waters and the precise eval­ § 916.204 Expenses and rate of assess­ uation of the effects of water hardness (f) To avoid misleading the consumer, claims for effectiveness in waters above ment. on germicides, disinfectants, and sani­ (a) Expenses. Expenses that are rea­ tizers can best be accomplished by the 100 p.p.m. of hardness should be made in increments no less than 50 p.p.m. of sonable and likely to be incurred by the establishment of acceptable chemical Nectarine Administrative Committee standards of reference for hard water. hardness calculated as CaCO*. For ex­ during the period March 1,1965, through Therefore, all products for which claims ample, evidence of effectiveness in waters February 28, 1966, will am ount to for effectiveness in hard waters are made of 478 p.p.m. of hardness should be con­ $163,626. , - in connection with registration, and all strued as supporting a claim for effec­ (b) Rate of assessment. The rate oi regulatory samples which may be col­ tiveness in waters of 450 p.p.m. of hard­ assessment for said period, Paya~J ?,y lected in connection With the enforce­ ness, and evidence of effectiveness in each handler in accordance with § 9lo. • ment of the act will be evaluated in waters of 510 p.pm. should be construed is fixed at $0.025 per standard lug box oi waters prepared according to the follow­ as supporting a claim for effectiveness nectarines, or equivalent quantity of nec­ ing procedure: in waters up to 500 p.p.m. of hardness. tarines in other containers or in buix. Friday, July 16, 1965 m q m & I X i: REGISTER 8961 (c) Reserve. Unexpended assessmentrelevant matters presented, including the [947.323 ] funds, in excess of expenses incurred proposals set forth in such notice which during the fiscal period ending February were submitted by the Control Com­ PART 947— IRISH POTATOES GROWN 28, 1966, shall be carried as a reserve in mittee (established pursuant to said mar­ IN MODOC AND SISKIYOU COUN­ accordance with the applicable provisions keting agreement and order), it is hereby TIES, CALIF., AND IN ALL COUN­ of § 916.42 of said marketing agreement found and determined that; TIES IN OREGON, EXCEPT MAL­ and order. § 917.204 Expenses and rale of assess­ HEUR COUNTY It is hereby further found that good ment. cause exists for not postponing the effec­ Limitation ol Shipments tive date hereof until 30 days after pub­ (a) Expenses. Expenses that are rea­ Findings. (a). Pursuant to Marketing lication in the F ederal R egister (5 U.S.C. sonable and likely to be incurred by the Agreement No. 114 and Order No. 947, 1001-1011) in that (1) shipments of the Control Committee during the season both as amended (7 CFR Part 947), reg­ current crop of nectarines grown ip Cali­ March 1, 1965, through February 28, ulating the handling of Irish potatoes fornia are now being made; (2) the rele­ 1966, will amount to $77,480 for the main­ grown in the production area defined vant provisions of said marketing agree­ tenance and functioning of such com­ therein, effective under the applicable ment and this part require that the rate mittee and the respective commodity provisions of the Agricultural Marketing of assessment herein fixed shall be appli­ committees established under the afore­ Agreement Act of 1937, as amended (7 cable to all assessable nectarines handled said amended marketing agreement and U.S.C. 601 et seq.), and upon the basis during the aforesaid period; and (3) such order: of recommendations and information period began on March 1, 1965, and said (1) Bartlett pears, $14,333.45; submitted by the Oregon-California rate of assessment will automatically ap­ (2) Early v a rie tie s of plums, Potato Committee, established pursuant ply to all such nectarines beginning with $25,571.06; to the said marketing agreement and such date. (3) Late varieties of plums, $25,571.07; order, and other available information, Terms used in the marketing agree­ and it is hereby found that the limitation of ment and order shall, when used herein, (4) Elberta peaches, $12,004.42. shipments regulation as hereinafter have the same meaning asis given to the (b) Rate of assessment. The rate of established, limiting the grade, size, and respective term in said marketing agree­ assessments for said season, payable by quality of such potatoes will tend to ment and order, and ‘‘standard lug box” each handler in accordance with § 917.73, effectuate the declared policy of the act shall mean the No. 26 standard lug box is fixed as follows: and will maintain orderly marketing set forth in section 328.4 of the Agricul­ (1) One cent ($0.01) per standard conditions ténding to Increase returns to tural Code of California. western pear box of Bartlett pears, or producers of such potatoes. its equivalent in other containers or in (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (b) It Is hereby found that It is im­ 601-674) bulk; practicable and contrary to the public (2) Eight and one-half mills ($0.0085) interest to give preliminary notice, and Dated; July 13, 1965. per standard four-basket crate of early engage in public rule making procedure, varieties of plums, or its equivalent in and postpone the effective date of this P aul A. N ich olso n, other containers or in bulk; Deputy Director, Fruit and Veg­ section until 30 days after publication in etable Division, Consumer and (3) Eight and one-half mills ($0.0085) the F ederal R egister (7 U.S.C. 1003), in Marketing Service. per standard four-basket crate of late that (1) shipment of 1965 crop potatoes varieties of plums, or its equivalent in grown in the production area will begin [FJL Docs. 65-7538; Filed, July 15, 1985; other containers or in bulk; and on or about the effective date specified 8:47 a jn .} (4) Three and one-half mills ($0.0035) herein, (2) to maximize benefits to pro­ per California peach box of Elberta ducers, this regulation should apply to [Plum Order 12] peaches, or its equivalent in other con­ all such shipments during the effective PART 917—-FRESH BARTLETT PEARS, tainers or in bulk. period, (3) producers and handlers have Terms used in the amended marketing operated under said marketing order PLUMS, AND ELBERTA PEACHES agreement and this part shall, when program since 1948 so special prepara­ GROWN IN CALIFORNIA used herein, have the same meaning as tion on the part of handlers is not re­ Regulation by Grade and Size is given to the respective term in said quired, and (4) information regarding amended marketing agreement and this the Committee's recommendation has Correction part. been disseminated to producers and han­ dlers in the production area. In F.R. Doc. 65-6991 appearing at page It Is hereby further found that good 8389 in the issue for Thursday, July 1, cause exists for not postponing the effec­ § 947.323 Limitation of shipments. 1965, the following change should be tive date hereof until 30 days after pub­ During the period July 19, 1965, made in § 917.365; In the fourth line of lication in the F ederal R egister (5 U.S.C. through June 30, 1966, no person shall Paragraph (b) (1) and the sixth line 1001-1011) in that (1) the relevant pro­ handle any lot of potatoes unless such of (b) (2), the phrase “Sales Pride” visions of said amended marketing potatoes meet the requirements erf para­ should read “Salsa Pride”. agreement and this part require that the graphs (a) and (b) of this section, or rates of assessment fixed for a particular unless such potatoes are handled in ac­ PART 917— FRESH BARTLETT PEARS, season be applicable to all fresh Bartlett cordance with paragraphs (c), (d), (e), pears, early varieties of plums, late varie­ (f ), and (g) of this section. PLUMS, AND ELBERTA PEACHES ties of plums, and Elberta peaches from GROWN IN CALIFORNIA (a) Minimum quality requirements— the beginning of such season; and (2) (1) Grade. All varieties—U.S. No. 2, or Expenses and Rate of Assessment the current season began on March 1, better grade. 1965, and the rates of assessment herein (2) Size. (I) Round varieties—1% On June 29, 1965, notice of rule mak­ fixed will automatically apply to all inches minimum diameter. ing was published in the F ederal R egxs- Bartlett pears, early varieties of plums, (ii) All other varieties—2 inches min­ p® (30 F.R. 8273). regarding proposed late varieties of plums, and Elberta imum diameter or 4 ounces m in im um expenses and the related rate of assess- peaches beginning with such date. weight. ment for the season beginning March 1, (fit) All varieties—Size B if U.S. No. 1, and ending February 28,1966, pur­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) or better grade. suant to the marketing agreement, as (b) Minimum maturity requirements— ^ ^ 'd .a n d Order No. 917, as amended Dated: July 13, 1965. (1) All varieties—(i) Through August 31, in« * 917) * regulating the han- 1965. “Moderately skinned” which nnngof fresh Bartlett pears, plums, and P aul A . N ic h o l so n, means that not more than 10 percent of Wberta peaches grown in California. Deputy Director, Fruit and Veg­ the potatoes in any lot may have more a* 8 regulatory program is effective un- etable Division, Consumer and than * one-half of the skin missing or nfl * « Agricultural Marketing Agree- Marketing Service. “feathered.” of 1937* as amended (7 U.S.C. [F.R. Doc. 65-7539; Filed, July 15, 1965; (ii) Beginning September 1, 1965. doi- 074) , After consideration of all 8:48 a.ta.] “Slightly skinned” which means that not 8962 RULES AND REGULATIONS more than 10 percent of the potatoes in such shipments by promptly signing and any lot may have more than one-fourth returning the applicable diversion report Title 12— BANKS AND BANKING of the skin missing or “feathered.” to the Committee office shall be cause for Chapter V— Federal Home Loan Bank (2) Not to exceed a total of 100 hun­cancellation of such handler’s Certificate dredweight of any variety of a lot of of Privilege and/or the receiver’s eligi­ Board potatoes may be handled for any pro­ bility to receive further shipments pur­ SUBCHAPTER D— FEDERAL SAVINGS AND LOAN ducer any 7 consecutive days without suant to such Certificate of Privilege, INSURANCE CORPORATION regard to the aforesaid maturity require­ Upon the cancellation of any such Cer­ [FSLIC-2,199] ments. Prior to each shipment of pota­ tificate of Privilege the handler may ap­ toes exempt from the above-maturity peal to the Committee for reconsider­ PART 563— OPERATIONS requirements, the handler thereof shall ation. Such appeal shall be in writing. Required Amounts and Maintenance report to the Committee the name and (e) Minimum quantity exception. of Federal Insurance Reserve address of the producer of such potatoes, Each handler may ship up to but not to and each such shipment shall be handled exceed 5 hundredweight of potatoes any J u l y 9, 1965. as an identifiable entity. day without regard to the inspection Resolved that, notice and public proce­ (c) Special purpose shipments. The and assessment requirements of this dure having been duly afforded (30 F.R. minimum grade, size, and maturity re­ part, but this exception shall not apply 6544), and all relevant material pre­ quirements set forth in paragraphs (a) to any portion of a shipment that ex­ sented or available having been con­ and (b) of this section, shall not be ap­ ceeds 5 hundredweight of potatoes. sidered by it, the Federal Home Loan plicable to shipments of potatoes for any (f) Inspection. For the purpose of Bank Board, upon the basis of such con­ of the following purposes: operation under this part, unless ex­ sideration and of determination by it of (1) Certified seed. empted from inspection by the provisions the advisability of amendment of (2) Grading and storing, planting, or of this section, or unless handled for § 563.13 of the rules and regulations for livestock feed: Provided, That potatoes potato chipping or prepeeling in ac­ Insurance of Accounts (12 CFR 563.13) may not be shipped for such purposes cordance with paragraph (c) of this sec­ as hereinafter set forth, and for the pur­ outside of the district where grown ex­ tion, each required inspection certificate pose of effecting such amendment, here­ cept that potatoes grown in District No. is hereby determined, pursuant to by amends said § 563.13 as follows, 2 or District No. 4 may be shipped for § 947.60(c), to be valid for a period of effective August 16, 1965. grading and storing, for planting, or for not to exceed 14 days following comple­ 1. Amend so much of subparagraph livestock feed within, or to, such districts tion of inspection as shown on thè cer­ (3) of paragraph (b) of § 563.13 of the for such purposes. tificate. The validity period of an in­ rules and regulations for Insurance of (3) Charity. spection certificate covering inspected Accounts as precedes the first colon; (4) Starch. and certified potatoes that are stored in amend paragraph (c) ; and add para­ (5) Canning or freezing. refrigerated storage within 14 days of graph (e) to read as follows: (6) Dehydration. the inspection shall be the entire period § 563.13 Required amounts and mainte­ (7) Export. such potatoes remain in such storage. / nance of Federal insurance reserve. (8) Potato chipping. (g) Aiiy lot of potatoes previously in­ (9) Prepeeling. spected pursuant to § 947.60(a) is not (b) Semiannual credits * * * (d) Safeguards. (1) Each handler required to have additional inspection (3) Each insured institution which m a k in g shipments of certified seed pur­ under § 947.60(b) after regrading, re­ has an adjusted net worth of less than suant to paragraph (c) of this section sorting, or repacking such potatoes, if 8 percent of its specified assets shall, by shall pay assessments on such shipments the inspection certificate is valid at the the close of each semiannual period, in­ and shall furnish the Committee with time of handling such regraded, resorted, crease its net worth (exclusive of un­ either a copy of the applicable certified or repacked potatoes. seed inspection certificate or shall apply (h) Definitions. The terms “U.S. No. divided profits and earned surplus) as of for and obtain a Certificate of Privilege 1,” “U.S. No. 2,” “Size B,” “moderately the close of the preceding semiannual and, upon request of the Committee, skinned,” and “slightly skinned” shall period, less any losses on loans or invest­ furnish reports of each shipment made have the same meaning as when used ments charged to reserves during the pursuant to each Certificate of Privilege. in the U.S. Standards for Potatoes period, by credit from net income, un­ (2) Each handler making shipments (§§51.1540—51.1556 of this title), in­ divided profits or earned surplus to the of potatoes for canning, freezing, dehy­ cluding the tolerances set forth therein. Federal insurance reserve account, in at dration, export, potato chipping, or pre­ The term “prepealing” means potatoes least the amount required by the ap­ peeling pursuant to paragraph (c) of which are clean, sound fresh tubers pre­ plicable of the following requirements: this section shall: pared commercially in a prepealing plant ***** (i) First, apply to the Committee for by washing, removal of the outer skin (c) Limitations on payment of divi­ and obtain a Certificate of Privilege to or peal, trimming, and sorting prepara­ dends or interest. Any insured institu­ make such shipments. tory to sale in one or more of the styles tion which has failed to meet the re­ (ii) Pay assessments on such ship­ of peeled potatoes described in § 52.2422 quired credits under subparagraph ments except shipments for canning or (U.S. Standards for Grades of Pealed of paragraph (a) of this section or unde frGczins* Potatoes, §§ 52.2421—52.2433 of this paragraph (b) of this section shall no (iii) Have such shipments inspected, declare, pay or advertise dividends or except shipments for canning or freezing. title). Other terms used in this section interest for the semiannual period suo- (iv) Prepare, on forms furnished by shall have the same meaning as when sequent to the immediately succeeding the Committee, a diversion report in used in Markéting Agreement No. 114, semiannual period, in excess of t quadruplicate on each individual ship­ as amended, and this part. amount approved by the Corporiwioh. unless, in such immediately succeedig ment diverted from fresh market chan­ (Secs. 1-19, 48 Stat. 31, as amended; 7 US.C. nels to the authorized outlets specified 601-674) semiannual period, the institution has in this subparagraph (2). credited to its Federal insurance reserve (v) Forward one copy of such diver­ Dated July 13, 1965, to become effec­ account an amount equal to the tow tive July 19, 1965. deficiency in required credits plus tne sion report to the Committee office and required credits for such period. forward two copies to the receiver with P aul A. N ic h o l so n , Deputy Director, Fruit and Veg­ * * * * * instructions to the receiver that he sign (e) For purposes of th is section, the and return one copy to the Committee etable Division, Consumer and Marketing Service. terms “earned surplus” and ,un5* office. The handler and receiver may profits” include only retained each keep one copy for their files. [F.R. Doc. 65-7540; Filed, July 15, 1965; from operations in prior periods whicn Failure of handler or receiver to report 8:48 a.m .] Friday, July 16, 1965 FEDERAL REGISTER 8963 have not been allocated to another net ment of synch shaft adapters on Vertol The following amendments are effec­ worth account and, subsequent to Jan­ Model 107-n helicopters. Subsequent tive upon publication in the F ederal uary 1, 1964, restored to earned surplus to the issuance of AD 63-26-4, the R egister. or undivided profits. Agency has determined that a reworked § 201.302 [Amended] (Secs. 402, 403, 48 Stat. 1256, 1257, as amend­ adapter, P/N 107D3154-3, provided by ed; 12 TJ.S.C. 1725, 1726. Reorg. P lan No. 3 the manufacturer has an extended serv­ 1. Section 201.302, Volt boxes (fixed of 1947, 12 F.R. 4981, 3 OPR 1947 Supp.) ice life limitation and does not require ratio voltage dividers), previously issued By the Federal Home Loan Bank certain repetitive inspections required (30 F.R. 6751, May 18, 1965) Is amended Board. of the -2 adapter. Therefore, the AD to make certain corrections to the text is revised to provide that certain inspec­ and descriptive table as follows: [seal] H arry W . Cauxsen, tion and replacement requirements may a. Paragraph (c), Ambient tempera­ Secretary. be discontinued after Installation of the ture and self-heating effects, should read [F.R. Doc. 65-7513; Piled, July 15, 1965; -3 adapter. as follows: 8:47 a.m .] Since this amendment provides an alternative means of compliance, re­ (c) Ambient temperature and self­ [FSLIC—2,198] lieves a restriction, and imposes no ad­ heating effects: Changes in ambient ditional burden on any person, notice temperature should have little effect on PART 570— BOARD RULINGS and public procedure hereon are un­ ratio if all the resistance elements have Net Worth necessary and the amendment may be the same temperature coefficient. How­ made effective in less than 30 days. ever, self-heating as a result of sustained J uly 9,1965. In consideration of the foregoing, and operation may significantly change the Resolved that the Federal Home Loan pursuant to the authority delegated to ratios because of unequal temperature Bank Board, upon the basis of considera­ me by the Administrator (25 FJEt. 6489), rise in the various resistors. The mag­ tion by it of the advisability of amend­ § 39.13 of Part 39 of the Federal Aviation nitude of this effect depends on construc­ ment of § 570.4 of the rules and regula­ Regulations, Amendment 656 (28 FE. tion and coil arrangements, and on the tions for Insurance of Accounts (12 CFR 13931), AD 63-26-4, is amended as power dissipated. It should (1) be less Part 570), as hereinafter set forth, and follows: for low than for high ranges, (2) be for the purpose of effecting such amend­ 1. New paragraphs (b) (4) and (5) greater for volt boxes that require higher ment, hereby amends said section as are added to read as follows: current at rated voltage, (3) increase follows, effective August 16, 1965. (b) (4) The inspection and replacement approximately with the square of the ap­ Amend § 570.4 by the addition of a new requirements of paragraphs (a), (b)(1), paragraph (c) to read as follows: plied voltage, and (4) be entirely negligi­ (h)(2), and (b)(3) may be discontinued ble at 20 percent of rated voltage on all § 570.4 Net worth. after installation of a new synch shaft adapter, P/N 107D3154-3 or P/N 107D3154-2 ranges. * * * * * with less than 500 hours’ time in service on (c) Temporary designation of a por­the effective date of this AD reworked to the b. Item 201.302d under description tion of earned surplus or undivided prof­ -3 configuration in accordance with Vertol should read as follows: Service Bulletin No. 107-116 (R -l), dated its as a specific loss reserve, and subse­ April 6, 1965, or later FAA-approved revision. quent restoration to earned surplus or (b) (5) Adapters, P/N 107D3154-3, shall be Item Description Fee undivided profits, shall not be deemed replaced with new adapters prior to accumu­ to constitute a previous allocation to an­ lating 2,500 hours’ time in service and each 201.302(1 Determination of each ratio, at other net worth account within the 2,500 hours’ time in service thereafter. rated voltage, of a multirange guarded standard voltage di- meaning of paragraph (e) of § 563.13 of vider. (Design of standard and this chapter. 2. A new paragraph (c) Is added to its calibration similar to that read as follows: described in NBS RP1419.) Resolved further that since the afore­ Values normally reported with (c) Inspect, serial,, and identify synch an uncertainty of 0.001 percent... $26.00 said amendment contains only state­ shaft adapters, P/N 107D8154-3, at the times ments of general policy or interpretations and in the manner set forth in Vertol Service of substantive rules adopted or formu­ Bulletin No. 107-116 (R -l), dated April 6, 2. A new § 201.822 is added to read as lated by the Board for the guidance of 1965, or later FAA-approved revision. follows: the public, the requirements of notice and public procedures set out in § 508.12 This amendment becomes effective § 201.822 Pulse, peak power measure­ of the general regulations of the Federal July 16, 1965. ment, coaxial systems. Home Loan Bank Board (12 CFR 508.12) (Secs. 313(a), 601, and 603 of the Federal and section 4(a) of the Administrative Aviation Act of 1958 (49 U.S.C. 1354(a) 1421 (a) Instruments submitted for cali­ Procedure Act do not apply, and for the and 1423) bration should have a nominal imped­ same reasons, deferment of the effective Issued In Washington, D.C„ on July ance of 50 ohms, and be fitted with Type “®,teAis not required under section 4(e) of 12* 1965. N, BNC, HN, or precision input connec­ the Administrative Procedure Act. C . W . W alker, tors. By the Federal Home Loan Bank Acting Director, (b) Measurements are made with Board. Flight Standards Service, pulsed rf signals having a rectangular envelope. [seal] H arry W . C au lse n, [F.R. Doc. 65-7503; FUed, July 15, 1965; Secretary. 8:46 a.m.] [PJt. Doc. 65-7514; Filed, July 15, 1965; Item Description Fee 8:47 a m .] 201.822a ' Calibration of instruments for Title IS — COMMERCE AND peak-power measurement of pulsed signals in coaxial systems, in the frequency range of 950- Title 14— AERONAUTICS AND FOREIGN TRADE 1,200 MHz (Mc/s), peak-power range of f mW to 3’ kW; pulse Chapter II— National Bureau of Stand­ width 2-10 ¿is, pulse repetition rate 100 to 1,600 pps with a maxi- SPACE ards, Department of Commerce mum duty cycle of 0.0033...... (0 Chapter I— Federal Aviation Agency SUBCHAPTER A— TEST FEE SCHEDULES i See 201.800(b) Fees. [Docket No. 3015; Arndt. 39-107] PART 201— ELECTRICITY (Sec. 9, 31 S ta t. 1450, as am ended; 15 tT.S.O. PART 39— AIRWORTHINESS Miscellaneous Amendments 277; interprets or applies sec. 7, 70 Stat. 959; DIRECTIVES Under the provisions of 15 U.S.C. 275a 15 U.S.C. 275a) Vertol Model 107-11 Helicopters and 277, the test fee schedules of the Na­ A. V. Astin, Director. Amendment 656 (28 F.R. 13931), AD tional Bureau of Standards, Department of Commerce, pertaining to electricity [F.R. Doc. 65-7500; Filed, July 15, 1965; requires inspection and replace­ are amended as provided herein. 8:46 a m .] 8964 RULES AND REGULATIONS (4) 'General classification, (i) The Title 29— LABOR m irtim nm wage for this classification is Title 47— TELECOMMUNICATION $1.13 an hour. Chapter V— Wage and Hour Division, (ii) This classification is defined as the Chapter I— Federal Communications Department of Labor manufacture of cigars and all other Commission products and activities in the tobacco in­ [D ocket No. 14904; FCC 65-617] SUBCHAPTER A— REGULATIONS dustry in Puerto Rico, except products PART 657— TOBACCO INDUSTRY IN and activities included in any other PART 73— RADIO BROADCAST PUERTO RICO classification in this industry. SERVICES (5) Filler hand stemming classifica­ Elimination of Objectionable Loud­ Wage Rates tion. (i) The minimum wage for this classification is 51 cents an hour. ness of Com m ercial Announce­ Pursuant to section 5 of the Pair ments and Commercial Continuity Labor Standards Act of 1938 (29 U.S.C. * ♦ * * * Over Standard FM and Television 205), and by means of Administrative (b) New coverage classification. (1) Order No. 591 (30 F.R. 6224), the Secre­ The minimum wage fo • this classification Broadcast Stations tary of Labor appointed and convened is $1.00 an hour between August 1, 1965, 1. On December 18,1962, the Commis­ Industry Committee No. 74. Adminis­ and September 2,1965, and $1.13 an hour sion released a notice of inquiry in the trative Order No. 591 referred to In­ thereafter. above-entitled matter. The present doc­ dustry Committee No. 74 the question * * * # * ument contains the report on the results of the minimum wage rate or rates to be of that inquiry. We also adopt today a paid under section 6(c) of the Act to em­ (Sec. 8, 52 Stat. 1064, as amended; 29 U.S.C. statement of policy on this subject. ployees in the tobacco industry in Puerto 208) 2. Noticing the substantial number of Rico and gave due notice of the hearing Signed at Washington, D.C., this 12th complaints from the general public re­ of the Committee, as provided in 29 CFR day of July 1965. garding loud commercial announcements 511.2. Clarence T. L undqtjist, on AM, FM, and TV stations, the Com­ Subsequent to an investigation and a Administrator. mission conducted the inquiry to obtain hearing conducted pursuant to the as much information as possible about notice, the Committee filed with the [F.R. Doc. 65-7532; Filed, July 15, 1965; the problem and about appropriate Administrator a report containing its 8:47 a jn .] measures which should be taken to re­ findings of fact and recommendations* duce or eliminate it. In addition to with respect to the matters referred to it. soliciting the cooperation of the broad­ Accordingly, as authorized and re­ casting industry and the general public, quired by section 8 of the Pair Labor Title 43— PUBLIC LANDS: the Commission initiated technical Standards Act of 1938 (29 U.S.C. 208), studies on its own. Reorganization Plan No. 6 of 1950 (3 INTERIOR D e f in it io n o f Lo u d n e ss; Loud CFR 1949-53 Comp., p. 1004), and Gen­ C ommercial eral Order No. 45-A of the Secretary of Chapter II— Bureau of Land Manage­ Labor (15 PH. 3290), the recommenda­ ment, Department of the Interior 3. (a) As defined in this inquiry and tions of Industry Committee No. 74 are used herein, the term loudness means hereinafter published in these amend­ SUBCHAPTER B— LAND TENURE MANAGEMENT “subjective or psychological quality of ments to 29 CFR 657.2. ( 2000) sound experienced directly by the list­ Effective August 1, 1965, 29 CFR 657.2 [Circular No. 2196] ener. It may be distinguished from phy­ (a) (1) (i), (2), (3) (i), (4), (5) (i), and sical aspects of sound, and modulation (b) (1) are amended to read as follows: PART 2030— SPECIAL level which may be measured by instru­ CONSIDERATIONS ments.” Since this loudness, of which § 657.2 W age rates. the public complains, is related in part * ♦ * * * Subpart 2033— Veterans to subjective and personal evaluations by (a) Previously covered classifications. the listener, there are no presently avail­ • * * M in in g Cla im s able tools for measuring it or specifying (1) Filler'‘tobacco processing classi­ In order to correct an error in codi­ it with accuracy.1 fication. (i) The minimum wage for fication of Code of Federal Regulations, (b) Loudness in loud commercials may this classification is 50 cents an hour. Title 43, revised as of January 1, 1965, be divided generally into two elements. The first of these is the level of sound ♦ * . * * * § 2033.2-7 (b) (2) is amended to read as set forth below. Since the amendment energy received by the ear. This is in (2) Wrapper type tobacco processing merely corrects an editorial error, notice part—but only in part—controlled by the classification, (i) The minimum wage and public procedure thereon have been Commission’s rules limiting modulation for this classification is 93 cents an hour. deemed unnecessary. The amendment to 100 percent. Within this area there (ii) This classification is defined as are other factors and practices which the processing of cigar wrapper type shall become effective on the date of pub­ contribute to loudness as the term is used tobacco including but without limitation, lication in the F ederal R egister. herein. These include techniques—both the bulking, dampening, sorting, sizing, Paragraph (2) of § 2033.2-7(b) is in broadcast transmission and in the re­ tying,' mulling, or fermenting, drying, amended to read as follows: cording of material for broadcast use packing, storing, and handling of such § 2033.2—7 Mining claims. which alter the normal audio waveform tobacco prior to its use in the manufac­ to make the product sound louder than ture of cigars or other finished tobacco a|e * * * * would the unaltered product (even products, and including all activities per­ (b) Notice of military service. * * * though the difference is not disclosed by formed as a necessary incident to such (2) If application for patent to the the modulation monitor required by our processing in the place of employment rules or by the volume-indicator (vu; where such processing is carried on: Pro­ mining claim has been made, notice to meter which is widely used by broadcast­ vided, however, That the stemming of the Bureau of Land Management of the ing stations). Such techniques include such tobacco by machine and operations applicant’s entrance into military serv­ volume compression, reverberation, ni- immediately incidental thereto shall not ice is desirable, but not mandatory.. tering, selective attenuation, and “equa - be included. S tewart L. U dall, ization.” (3) Machine threshing, other opera­ Secretary of the Interior. tions classification, (i) The minimum l The loudness of commercials, and, in­ wage for this classification is 90 cents an J u l y 8,1965. deed of aU program material is, of corns , hour, [F.R. Doc. 65-7512; Filed, July 15, 1965; controllable over wide limits by the vol 8:47 a.m .] Friday, July 16, 1965 FËDËRÂÎ REGISTER 8965 The second element may be regarded views minimizing the problem or assert­ will be reduced. The authoritative as more truly “psychological,” and ing that steps to deal with it are not fea­ studies made by CBS confirm this.8 therefore more variable as between indi­ sible. The main points urged by the 9. Aside from CBS network transmis­ vidual listeners. For example, a “hard latter group can be summarized as fol­ sion standards, this inquiry has not sell” commercial may be irritating to lis­ lows: brought forth evidence that many other teners who are not interested in or actu­ (a) The Commission should not, or broadcasters have instituted similar ally dislike the product being advertised cannot legally, regulate loudness of com­ standards or have formulated remedial and who are offended at having to listen mercial announcements.8 control room practices which are effec­ to an intensive “pitch” for it. Irritating (b) The problem of loud commercials tive in insuring a desired evenness or sound effects may have the same effect. is not sufficiently serious to warrant at­ continuity of audio level. Comments This aspect of listener reaction might tempts at regulation by the Commission, from broadcasters generally indicate be described as primarily psychological. judged either in the light of the Commis­ their reliance upon the standard vu However, the “hard sell” commercial sion’s notice of inquiry or by the number meter and modulation monitor as avail­ often involves what is sometimes called of complaints to advertisers or broad­ able tools for determining audio and "strident delivery” on the part of the casters. modulation levels, and upon limiting or person delivering it. This—the crowd­ (c) Instrumentation adequate for compression amplifiers as a means of ing of the maximum number of words measuring or controlling loudness is not limiting audio signal peaks and permit­ (or syllables) into a given time period presently available so that it would not ting higher average program levels. The such as a minute, and delivering all of be practicable to attempt regulation. AGC amplifier is pictured as an automa­ than at a high level and with a strident (d) AGC (automatic gain control), or tic guardian of Audio level, assuring that manner of delivery—appears to be a fre­ “limiting” amplifiers presently installed all material is broadcast at the same quent cause of objectionable loudness. in broadcast stations prevent overmodu­ peak amplitude, thus relieving the con­ lation and thus provide an inherent trol engineer of the necessity of carefully Comments F rom th e G eneral P u b lic limitation to loudness which Commercial “riding gain” on the program. In con­ 4. A large number of comments from announcements cannot exceed. trast to this, the CBS technique requires the general public condemned loud com­ (e) The present rules of the Commis­ diligent attention to reading the vu meter mercials, complained of the frequency sion require that commercial announce­ for volume levels while simultaneously with which they occur, and demanded ments be run at high modulation levels maintaining the amount of automatic that the Commission do something about (a minimum of 85 percent on peaks of gain reduction (together with resulting them, Few replied in particular to the frequent recurrence), and this rule is compression) within prescribed limits. specific questions on this subject set forth therefore a direct cause of loudness. Successful application of the CBS trans­ in paragraph 15 of the notice of inquiry. 7. The comments submitted by Colum­ mission standards thus requires consid­ Many identified the commercials which bia Broadcasting System, Inc, (CBS), erably more control-room discipline than annoyed them and the stations which evidence a recognition and an apprecia­ is presently in evidence at many broad­ broadcast those commercials. tion of the problem of loud commercials. cast stations, where personnel frequently 5. The response from the general pub­ On its own, CBS has attacked the prob­ are required to perform other distracting lic indicates that a considerably greater lem through a continuing series of tech­ duties and where training in standard number of complaints are occasioned by nical investigations extending over 30 control-room techniques may have been excesses blamed upon television broad­ years. These have resulted in the for­ minimal. casters, than the number relating to mulation of certain control room operat­ 10. The comments on this proceeding aural broadcast stations. It is apparent, ing practices and in the development of and our own experience provide evidence also, that a substantial number of the audio equipment which, together, are that misconceptions and misinformation complaints received involve factors of a designed to minimize the incidence of about the vu meter and the modulation primarily psychological nature. The loudness in CBS broadcasts. monitor are widespread. Frequent men­ “hard sell” commercial, the ad which 8. The point has been made that tion was made that the range of personal uses disagreeable sound effects, all add neither the modulation monitor pre­ judgments can be appreciably narrowed to the total impression of objectionable­ scribed for broadcast stations, nor the if a standard procedure for meter read­ ness, which may tend to be expressed by standard volume unit (vu) meter which ing is followed. An accepted procedure the public in terms of “excessive loud­ is widely used as a level indicating device, is described in the IRE (now IEEE) ness.” With respect to a number of com­ accurately reflects the loudness of broad­ Standards on American Recommended ments, it is impossible to assess that por­ cast material, particularly when abrupt Practice for Volume Measurements of tion of the complaint which was caused transitions are made, for example, from Electrical Speech and Program Waves, by factors relating to “electrical loud­ quiet drama to “hard sell” commercial. 1953 (53 IRE 3-S2). ness” or physical volume and that which It seems to be the firm opinion of all who 11. Almost all parties commenting on resulted from other, more largely psy­ commented on this point that an ac­ the technical aspects of loudness dis­ chological factors. Nevertheless, it is curate measuring device for loudness is cussed the use of compression and its apparent that loudness, as defined above, beyond the present state of the art. It allied techniques—AGC and peak limit­ is a substantial source of annoyance and is a well accepted principle, however, that ing. These techniques—which are used a substantial problem. if proper attention is paid to the electri­ both in broadcast transmission and.in re­ cording—amount essentially to limiting Comm ents F rom th e I nd u str y cal levels (the volume levels) at the the peak values of material transmitted, 6. Comments were received from nine broadcasting stations, deviations from an and the remainder of the material being parties in the broadcasting industry.2 even and acceptable order of loudness transmitted at a higher than normal These comments were considerably more level of modulation without having the * These arguments are substantially similar detailed. Some recognize the problem to those made in connection with our pro­ peaks exceed the specified value. The as significant and advance suggestions ceedings concerning the amount of com­ average level is thus increased. These for dealing with it. A number express mercial material (Docket No. 15083). See techniques were both praised as a nec­ FCC 64-22, Jan. 15, 1964. We noted therein essary tool for preventing loudness, and 2 American Broadcasting Co., Columbia the scope of the authority given us by the blamed as an important cause of it. CBS Broadcasting System, Inc., National Associa­ Communications Act to be exercised in fur­ describes the AGC amplifiers at its owned tion of Broadcasters (NAB), Storer Broad- therance of the public interest, including the stations as operating so as to provide, on casting Co., Kelly Broadcasting Co. (KCRA- authority to prescribe the nature of the the average, 2 db compression in televi­ TV, Sacramento), Guy Gannett Broadcasting service rendered by stations, a mandate to Services (WGAN and WGAN-TV, Portland, encourage the more effective use of radio, sion, and 2 to 5 db in AM and FM. On Maine), Tribune Publishing Co. (KTNT, and the power to enact rules to carry out the the other hand, in a CBS Engineering KTNT-FM, and KTNT-TV, Tacoma), the law provisions of the act. See secs. 303(b), 303 Report “Loudness in Broadcasting” hrm of Dow, Lohnes, and Albertson, Sunbeam (g), and 303(r). The same principles re­ Television Corp. (WCKT, Miami). A letter ferred to in that report and order are appli­ ‘ Robert B. Monroe, “A New Approach to recently received from the president of the cable here, and the powers of the Commission Balanced Audio Levels in Television,’* American Association of Advertising Agen­ are clearly sufficient for the adoption of Journal of the SMPTE, vol. 68, No. 8, cies (A.A.A.A.) is discussed below. measures to deal with this problem. August 1959. No. 136----- 3 8966 RULES AND REGULATIONS (March 1963) (submitted with CBS com­ vented by the rule from reducing his any artificial techniques, because it is ments) , it is stated that, while use of an modulation to bring the loudness of the short and produced under controlled automatic gain-adjusting amplifier in commercial even with that of the ad­ conditions, and therefore need not be the audio channel of an AM transmitter joining program. We believe this inter­ held to more conservative values in order is desirable to prevent inadvertent over­ pretation, while perhaps technically cor­ to avoid excessive peaks.® modulation, there is little, if any, justi­ rect, attaches too little significance to 17. According to the comments, there fication for its use in PM or TV broad­ the concepts of good quality of trans­ are other reasons for using these tech­ casting in such a way as to cause sig­ mission and good broadcast practice. niques. A high recording level may pro­ nificant compression. One significant However, to clarify this point, we are vide an improved dynamic range and point noted by CBS and others is that— today modifying the rule to make ex­ frequency response. A certain amount with general use of compression and plicit that modulation levels may be of compression is necessary in sound-on- other techniques in recording, often to reduced below 85 percent where neces­ film production in order to have the a very high degree—recorded material sary to prevent objectionable loudness lower level passages sufficiently above (e.g. commercials) may sound signifi­ of commercials or other material. the background-noise level. Very high and very low frequencies are attenuated cantly louder than adjacent normal E lectrical P rocessing i n R ecording program material if no or only limited in order to avoid distortion and “boom­ attempts are made at the station to 15. It appears that a large number of ing” in receivers. “Equalization” is said achieve a uniform audio level. Current loud commercial complaints are directed to be desirable for a “bright” sound and CBS operating techniques result in about at recorded television material which highly articulate voice reproduction. 6 db compression on normal live speech (usually sound-on-film) makes up the Reverberation adds color to music and material, and no compression in trans­ bulk of national spot TV announcements. gives a distinctive effect. To recognize mission of recorded material. This appears to result from various legitimate uses does not alter the fact 12. As far as use of compression and techniques used in the recording process. that use of these techniques adds to the the allied techniques in transmission is One of these—compression—has been degree of loudness, sometimes well be­ concerned, they do appear to afford some mentioned above. As NAB puts it, use yond what is reasonably required for significant advantages in the transmis­ of this technique (limiting the peaks so other purposes* sion of broadcast material, since the re­ as to make it possible to raise the lower 18. Hi connection with the matter of sult Is to raise the lower level passages level passages) “raises the average level recording techniques, in a recent letter above the noise level, and to assure that and makes the entire commercial seem to the Commission the president of the the highest levels do not over-modulate louder. An extreme case would cause American Association of Advertising transmitters, overload amplifiers, or a vu meter to read 100 percent modula­ Agencies (A.AAA.) describes that or­ cause cross-talk. However, it appears tion throughout the entire commercial.” ganization’s recent formation of a sub­ clear that excessive use of compression According to CBS, when adjusted to the committee on commercial production, in the broadcasting of commercial ma­ same peak amplitudes. “Program ma­ which has considered the matter of loud terial—and, in particular, use of signifi­ terial whose amplitude range has been commercials. Asserting that the pur­ cant amounts of compression in present­ subjected to volume compression usually pose of commercials is to “inform and ing material already subjected to a high sounds louder than uncompressed ma­ persuade and not to annoy,” the letter degree thereof in recording—is a signifi­ terial.” The same thing would of course states as follows: cant cause of loudness. apply to commercial material. Another It is the committee’s belief that commer­ 13. One point mentioned by numerous significant group of techniques—filter­ cials are not deliberately recorded excessively parties is that loudness depends not only ing, equalization, etc.—involves empha­ "loud” either in the technical or the sub­ sizing one portion of the audio frequency jective sense. It is true, however, that each on the level of the particular material word and effect on a commercial sound track being listened to, but on its level in re­ spectrum more than others, or eliminat­ are given lengthy and thorough consideration lation to immediately preceding ma­ ing certain portions entirely. As CBS fl.nri that more time and attention are de­ terial—for example, a commercial in describes this process: voted to the production of a commercial than relation to an immediately preceding By attenuating the low frequencies, a to any similar minute of broadcast material. piece of quiet dialogue. This is not an great deal of the energy in normal speech may be removed from the audio signal. Aside from tire question of motivation in easy area in which to draw precise rules, the recording process, there appears little and we recognize that the advertiser has Further, since the intelligibility largely re­ sides in the middle frequencies, this modifi­ doubt that extensive use of the recording a legitimate interest in being able to cation can be made without reducing com­ techniques mentioned above contributes present an attractive and thoroughly prehension of the message (although faith­ to the impression of loudness of the com­ audible message. As one way to attack fulness of reproduction is destroyed). When mercial material broadcast. this problem, CBS formulated in its so modified, the audio signal can usually standards the concept that the transi­ be raised in level without exceeding speci­ R apid-F ir e and S trident D elivery tion of low-level to high-level material fied modulation levels. In addition, most of 19. As mentioned earlier herein, it should be in steps of not more than 4 the remaining energy resides in that portion of the spectrum where the ear is most sensi­ appears that aside from the various db (40 percent to 60 percent to 100 tive. Thus, for two reasons, program ma­ electrical techniques and factors men­ percent). terial limited in audio bandwidth may sound tioned, one significant source of public 14. We note one further point which louder than full bandwidth material even annoyance with commercials is “strident appears in several comments from broad­ though both modulate a transmitter to the delivery." As the CBS engineering re­ casters. These parties argue that the same extent. Bandwidth restriction is some­ Commission’s technical standards with times used to advantage in communications port mentioned jputs it: “An urgent, respect to modulation tend to contribute systems where intelligibility is of primary rapidly paced, shouting, and/or strident to the number of loudness complaints importance. In broadcasting, except for controlled use to achieve a special sound * NAB mentions another explanation for because (to quote 1 73.687(b)(7)) they effect (e.g., simulating a telephone or other use of generally h igh levels—to “correct; require that : communications circuit), it is apt to lead errors on the part of the broadcaster." By The percentage of modulation of the aural to undue emphasis of material so processed. this, it is meant that a sponsor will be more transmissions shall toe maintained as high displeased if a station fails to provide enough as poesitole consistent with good quality 16. “Equalization” emphasizing the “gain" for a low-level commercial, than he transmission and good broadcast practice higher frequencies may have a similar will if it fails to lower the “gain" for a high- and in no case less than 85 percent nor more effect. Both may give an impression of level commercial. “Unfortunately," observ than 100 percent on peaks of frequent re­ loudness. Other techniques noted are NAB, “a technical facility sometimes over­ currence dining any selection which normally reverberation—use of echo effects which, compensates for this possibility.” is transmitted at the highest level of the in addition to giving a particular aural « As mentioned by Kelly Broadcasting o .. program under consideration. “The broadcaster can control the material effect, increases the impression of loud­ he originates, but he has no simple way Their argument rests heavily upon the ness—and the practice of recording at as unprocess canned material that arrives requirement for maintaining modulation high a level as possible without distor­ disc, tape, or film form from external sources. between *‘85 percent and 160 percent on tion. In connection with the last, NAB IQs moderate processing methods then te peaks of frequent recurrence.” Even notes that in general a recorded com­ up with the original producer’s (som etim ^ when the broadcaster notes loudness in mercial will have a higher average level more drastic treatment to give a rather ove a commercial, we are told, he is pre­ than other material, even without using Friday, July 16, 1965 FEDERAL REGISTER 8967 voice delivery with few pauses between material which is objectionably loud to 23. In view of the foregoing: It is or­ the words usually sounds louder than the average listener. Such presentation dered, That, effective September 1, 1965, speech delivered in a conversational is contrary to the public interest, and it §§ 73.55, 73.268, and 73.687(b)(7) of the manner.” This would appear to be par­ is our duty, and an affirmative obligation Commission’s rules are amended as set ticularly true where the message is de­ of broadcasters, to see that it does not forth below: And it is further ordered, livered at a high volume level throughout, occur. That this proceeding is terminated. with the modulation monitor or vu meter (e) We are also aware that there is always reading at or close to 100 percent now no way of drawing an absolute line Adopted: July 9,1965. (0 vu). Listener annoyance at such and saying that all commercials on one Released: July 12,1965. commercials is doubtless in part a sub­ side of it are free from loudness and all F ederal Communications jective or psychological reaction, a con­ on the other side are unacceptable for Co m m issio n , scious or unconscious objection to the that reason. But there are certain ob­ [ seal! B e n F . W aple, “hard sell.” Commercials crowding the vious situations and practices, discussed Secretary. maximum number of words into a min­ above, which must be more closely con­ ute, all delivered at or near maximum trolled or precluded if the public interest 1. Section 73.55 of the Commission’s volume, and increasing the energy reach­ is to be served. rules is amended to read as follows: ing the ear during that minute, appears 21. In a recent letter to the Commis­ § 73.55 Modulation. to be a frequent source of listener ob­ sion (referred to above), the president of jection. the A.A.A.A. suggested that that organi­ The percentage of modulation shall be Co n c l u sio n s zation, through its subcommittee on maintained as high as possible consist­ commercial production, might be of ent with good quality of transmission 20. This inquiry and other information and good broadcast practice. In no case before us provides the basis for the fol­ assistance in dealing with this problem. It proposed the following arrangement: is it to exceeed 100 percent on negative lowing general conclusions at this time; peaks of frequent recurrence. Generally, (a) Complaints of loud commercials If the Commission, after receiving com­ plaints about a commercial sufficient to. it should not be less than 85 percent on are numerous enough to require correc­ peaks of frequent recurrence; but where tive action by the industry and regula­ warrant investigation, finds that the loudness does not result from violation necessary to avoid objectionable loud­ tory measures by the Commission. ness modulation may be reduced to what­ (b) We have no direct evidence that of our transmission standards, it would refer the commercial in question to the ever level is necessary, even if the result­ broadcasters in substantial numbers de­ ing modulation is substantially less than liberately “boost the power” during com­ subcommittee, which would subject it to screening by the subcommittee and 85 percent on peaks of frequent recur­ mercial announcements; but, with cer­ rence. tain exceptions, neither is there evidence parties involved in the preparation. The that broadcasters have recognized and screening group would make findings as 2. Section 73.268 of the Commission’s directed any concerted attack on the to the commercial’s objectionableness rules is amended to read as follows: problem. or acceptability, and forward such find­ § 73.268 Modulation. (c) It appears that loudness in com­ ings to the advertising agency involved and to the Commission. We appreciate The percentage of modulation shall be mercials is not the result of any single maintained as high as possible consist­ factor or practice, but that the effect this offer of assistance, and if the cir­ cumstances appear appropriate we will ent with good quality of transmission may be caused by a number of circum­ and good broadcast practice. In no case stances. Some of these, of course, such make use of this procedure. 22. Having concluded that operation is it to exceed 100 percent on peaks of as the listener’s environment, his re­ frequent recurrence. Generally, it ceiver’s adjustment and performance with proper regard for avoiding loud­ ness in commercials is both feasible and should not be less than 85 percent on characteristics, and what responses any peaks of frequent recurrence; but where particular sound will evoke in different necessary if the public interest is to be served, and that in this connection necessary to avoid objectionable loud­ individuals, are beyond the broadcaster’s ness modulation may be reduced to what­ control. Complaints of loudness are broadcasters should exercise consider­ ably more care than they do at present, ever level is necessary, even if the result­ sometimes based also on matters not di­ ing modulation is substantially less than rectly related to sound levels—the con­ we take the following steps : (a) We are amending the modulation 85 percent on peaks of frequent recur­ tent of the commercial, the repetition rence. involved, etc. rules (§§ 73.55, 73.268, and 73.687(b) (7) ) But there are significant factors relat­ to provide that, while generally modula­ 3. Section 73.687(b) (7) of the Com­ ing to sound level which are definitely tion shall be at least 85 percent on peaks mission’s rules is amended to read as within the broadcaster’s control, imme­ of frequent recurrence, it may be less if follows: diately through his supervision of his necessary to avoid objectionable loud­ § 73.687 Transmitters and associated technical station operation, and indi­ ness (see regulations set forth below). equipment. rectly through his acceptance standards Since this is a relaxation of what some * * * * * for prerecorded commercial material. have believed to be a present restriction, (b) Aural transmitter. * * * These include factors such as the volume we find that prior notice and public pro­ (7) The percentage of modulation level of commercial material in relation ceedings before making this change are shall be maintained as high as possible to immediately preceding program level, unnecessary. consistent with good quality of trans­ and also technical matters mentioned (b) We adopt a statement of policy mission and good broadcast practice. above, such as control-room practice and concerning loud commercials, setting In no case is it to exceed 100 percent on amount of compression used ih broad­ forth the obligations of broadcasters with peaks of frequent recurrence. Gen­ casting, and compression and other tech­ respect to control-room practices, avoid­ erally, it should not be less than 85 per­ niques used in recording. The com­ ance of excessive compression and other cent on peaks of frequent recurrence; but plaints obviously cannot be dismissed on electrical processing in broadcasting, where necessary to avoid objectionable the ground that “commercials aren’t care in presentation of prerecorded com­ loudness modulation may be reduced to really loud, they just sound loud.” mercial material, avoidance of such ma­ whatever level is necessary, even if the (d) We recognize the advertiser’s terial where electrical processing has resulting modulation is substantially less critical importance to our system of been used to an extent greater than that than 85 percent on peaks of frequent broadcasting, and his right to use the required for other purposes such as good recurrence. broadcast media to presentían attractive, technical quality and protection- of * * * * * equipment, avoidance of commercial ma­ understandable message, and to use rea­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. sonable means to draw attention to what terial creating an impression of objec­ 154. Interprets or applies sec. 303, 48 Stat. he wishes to say. But this does not mean tionable stridency, and loudness of com­ 1082, as amended; 47 U.S.C. 303) that he, or his agents or the broadcaster, mercial material in relation to preceding [F.R. Doc. 65-7528; Filed, July 15, 1966; must be permitted to present commercial program material. 8:48 a.m.1 8968 RULE5 AND REGULATIONS Santa Fe Railway Co., has requested au­ thority to operate over trackage of the Title 49— TRANSPORTATION Missouri Pacific Railroad Co. from Chapter I— Interstate Commerce point of Interchange connection at Commission Larned, Kans., for a distance of ap­ proximately 7,900 feet and connecting in­ SUBCHAPTER A— GENERAL RULES AND dustry tracks all within the Lamed REGULATIONS limits. It is the opinion of the Commis­ PART 6— f e e s , f o r c o p y in g , c e r t i­ sion that an emergency exists requir­ f ic a t io n AND SERVICES IN CON­ ing immediate action to promote car service in the interest of the public and NECTION THEREWITH the commerce of the people. Accord­ Charges ingly, the Commission finds that notice and public procedure are impracticable J u l y 1, 1965. and contrary to the public interest, and Paragraph Airport, Champaign, § 255.6 Identification of fishing equip­ off-reservation treaty fishing rights, and 111. (latitude 40°02'25" N., longitude ment. the offender shall be subject to arrest 88°16'35" W.), within 2 miles each side All fishing gear or other equipment and prosecution under State law: Pro­ of the Champaign VORTAC 123° radial used in the exercise of any off-reserva­ vided, That this paragraph (a) shall not extending from the 5-mile radius zone tion treaty fishing right and not in the apply to Indians fishing within any to 8 miles SE of the VORTAC, and within immediate personal possession of such Indian reservation or within reservation 2 miles each side of the Champaign Indian shall be marked in such manner boundary waters in which an Indian tribe VORTAC 233° radial, extending from the as shall be prescribed in regulations is­ has exclusive fishing rights. 5-mile radius zone to 8 miles SW of the sued pursuant to § 255.7 to disclose the (b) Any unattended fishing gear VORTAC. identity of its owner or user. which is not marked or labeled for iden­ (2) The Champaign area is contained tification as required by the regulations within the Rantoul, HI., 1,200-foot floor § 255.7 Area regulations. in this Part 255 shall be presumed not transition area. (a) The Commissioner of Indian Af­ to be used in the exercise of an off- Two new instrument approach proce­ fairs and the Commissioner of Pish and reservation treaty fishing right and shall dures have been developed for the Uni­ Wildlife shall from time to time jointly be subject to control or seizure under versity of Ulinois-Willard Airport. In recommend to the Secretary of the In­ State law. addition, an instrument approach pro­ terior specific conservation regulations cedure has been developed for the Illini to govern Indian off-reservation treaty § 255.9 Savings provisions. Airport. Concurrently with the develop­ fishing for areas found by them to be Nothing in these regulations (25 CFR ment of these procedures, the Federal in need of Federal restrictions on Indian Part 255) shall be deemed to: Aviation Agency completed a compre­ fishing as a means of assuring the con­ (a) Prohibit or restrict any persons hensive review of the terminal airspace servation and wise utilization of the fish­ from engaging in any fishing activity in structural requirements in the Cham­ ery resources for the benefit of the In­ any manner which is permitted under paign, HI., terminal area. As a result of dians and other persons entitled to the State law; this review, the Federal Aviation Agency enjoyment thereof. Such regulations (b) Deprive any Indian or any Indian proposes the following airspace actions: shall be designed to prevent, in conjunc­ tribe, band or group of any right which (1) Redesignate the Champaign, HI., tion with appropriate State conservation may be secured to him or to it by any control zone as that airspace within a regulations governing fishing by persons treaty or other law of the United States; 5-mile radius of the University of HU- not fishing under treaty rights, the de­ (c) Permit any Indian to exercise any nois-Willard Airport, Champaign, HI. pletion or impairment of the fishery tribal fishing right in any manner pro­ (latitude 40°02'25" N., longitude 88° 16 - resources. hibited by anÿ ordinance or regulation 35" W.), within 2 miles each side of (b) In formulating their recommen­ of his tribe; the Champaign VORTAC 123° radial, dations for regulations to be promulgated (d) Enlarge the right, privilege, or extending from the 5-mile radius zone by the Secretary of the Interior, the two immunity of any person to engage in any to 8 miles SE of the VORTAC; within Commissioners shall seek the views of fishing activity granted or reserved by 2 miles each side of the Champaign the affected Indian tribes, of the fishery treaty with the United States; VORTAC 233° radial, extending from conservation agency of any affected (e) Exempt any person or any fishing the 5-mile radius zone to 8 miles SW of State, or of other interested persons as gear, equipment, boat, vehicle, fish, or the VORTAC; within 2 miles each side of may desire to participate in the pro­ fish products, or other property from the the Champaign VORTAC 030° radial ex­ posed rule making. A general notice of requirements of any law or regulation tending from the 5-mile radius zone to o proposed rule making shall be published pertaining to safety, obstruction of navi­ miles NE of the VORTAC; and within^ in the F ederal R egister to afford in­ gable waters, national defense, security miles each side of the Champaign VOK- terested persons an opportunity to par­ of public property, pollution, health and TAC 326° radial, extending from the o- ticipate in the rule making through sub­ sanitation, or registration of boats or mile radius zone to 8 miles NW of the mission of written data, views, or argu­ vehicles; or VORTAC. . T11 ments with or without opportunity to (f) Abrogate or modify the effect of (2) Designate the Champaign, in., present the same orally as may be deter­ any agreement affecting fishing prac­ transition area as that airspace extena- mined by the Secretary of the Interior. tices entered into between any Indian ing upward from 700 feet above the sur- Friday, July 16, 1965 FEDERAL REGISTER 8971 face within a 12-mile radius of the I 14 CFR Fort 71 3 line between the INT’s of the 5-mile ra­ Champaign, 111., VORTAC, and within 2 dius zone and the 5-mile radius zone of miles each side of the Champaign VOR­ [Airspace D ocket No. 65—CE-80] the Rapid City (Ellsworth AFB) control TAC 326° radial extending from the 12- CONTROL ZONE, TRANSITION AREA zone. mile radius area to 17 miles NW of the AND CONTROL AREA EXTENSION (5) Designate a transition area at VORTAC, excluding the area which Rapid City, S. Dak., to comprise that overlies the Rantoul, 111., transition area Proposed Revocation and Designation airspace extending upward from 700 extending upward from 700 feet above feet above the surface within a 12-mile the surface. The Federal Aviation Agency is con­ radius of Ellsworth AFB, Rapid City, The proposed control zone modifica­ sidering amendments to Part 71 of the S.Dak., (latitude 44°08' 42" N., longitude tion would add two extensions to the Federal Aviation Regulations, which 103”06'11" W.); and within 2 miles each presently designated control zone. would alter the controlled airspace in side of the 176° bearing from the Rapid These extensions would provide protec­ the Rapid City, S. Dak., terminal area. City RBN, extending from the 12-mile tion for aircraft executing the prescribed The following controlled airspace is radius area to 8 miles S of the RBN; and approach procedures to Runways 22 and presently designated in the vicinity of within 8 miles NE and 5 miles SW of the 13 during descent below 1,000 feet above Rapid City: Rapid City VORTAC 155° and 335° the surface. (1) The Rapid City control zone is radials, extending from the 12-mile The proposed 700-foot floor transition designated as that airspace within a 5- radius area to 12 miles SE of the area would provide protection for the mile radius of Ellsworth AFB, Rapid City, VORTAC: and that airspace extending procedure turn portions of the prescribed S. Dak. (latitude 44°08'40" N., longitude upward from 1,200 feet above the sur­ approach procedures for Runways 4, 22, 103°06T0" W .); within 2 miles either side of the extended centerline of the face within a 53-mile radius of Ellsworth and 31 at the University of Ulinois- Ellsworth AFB runway 30 extending from AFB. Willard Airport. It would also provide the 5-mile radius control zone to 17 miles The control zones proposed herein controlled airspace for aircraft execut­ SE of the approach end of runway 30 ; would provide controlled airspace pro­ ing the prescribed instrument approach within a 5-mile radius of Rapid City tection for aircraft executing prescribed procedure for Ulini Airport during de­ Municipal Airport (latitude 44°02'35" N., instrument approach procedures at Ells­ scent to 700 feet above the surface and worth AFB and Rapid City Municipal for aircraft departing Ulini Airport dur­ longitude 103o03'30" W.), and within 2 miles either side of the Rapid City Airports during descent below 1,000 feet ing their, climb from 700 to 1,200 feet VORTAC 335° and 155° radials extend­ above the surface. They would also pro­ above the surface. ing from the 5-mile radius zone to 10 vide controlled airspace protection for The floors of the airways which would miles SE of the VORTAC. aircraft executing random departure pro­ travèrse the transition area proposed (2) The Rapid City control area ex­ cedures during climb to 700 feet above herein would automatically coincide with tension is designated as that airspace the surface. the floors of the transition area. within a 55-mile radius of Ellsworth AFB, The proposed transition areas would No procedural changes in the existing Rapid City, S. Dak. (latitude 44°08'40" replace the present control area exten­ instrument procedures will result from N., longitude 103°06,10" W.); the air­ sion. The proposed 700-foot floor tran­ this proposal. Specific details of the space BW of Rapid City within 12 miles sition area would provide controlled air­ newly developed procedures may be ex­ SE and 8 miles NW of the Rapid City space protection for aircraft executing amined by contacting the Chief, Airspace VORTAC 251° radial extending from the prescribed instrument approach pro­ Branch, Air Traffic Division, Central 55-nautical mile radius area to 73 miles cedures at Ellsworth AFB and Rapid Region, Federal Aviation Agency, 4825 SW of the VORTAC. City Municipal Airports during descent Troost Avenue, Kansas City, Mo., 64110. The Federal Aviation Agency, having from 1,500 to 1,000 feet above the surface. Interested persons may submit such Controlled airspace protection would also written data, views, or arguments as they completed a comprehensive review of the terminal airspace structural require­ be provided for departing aircraft dur­ may desire. Communications should he ing climb from 700 to 1,200 feet above submitted in triplicate to the Director, ments in the Rapid City terminal area, including studies attendant to the imple­ the surface. The proposed 1,200-foot Central Region, Attention: Chief, Air floor transition area would provide con­ Traffic Division, Federal Aviation Agency, mentation of the provisions of Amend­ ments 60-21 (26 F.R. 570) and 60-29 (27 trolled airspace protection for aircraft 4825 Troost Avenue, Kansas City, Mo., executing prescribed Instrument ap­ 64110. All communications received FJR,. 4012) of Part 60 of the Civil Air Regulations, proposes the following proach procedures during the portion of within 45 days after publication of this those procedures executed at 1,500 feet notice in the F ederal R egister will be airspace actions: (1) Revoke the Rapid City, S. Dak., or higher above the surface. It also pro­ considered before action is taken on the vides protection for the holding pattern proposed amendment. No public hear­ control area extension in its entirety. (2) Revoke the Rapid City, S. Dak., airspace which is required in this termi­ ing is contemplated at this time, but nal area. arrangements for informal conferences control zone in its entirety. (3) Designate a control zone at Rapid The controlled airspace proposed here­ with Federal Aviation Agency officials in also provides adequate area for radar may be made by contacting the Regional City, S. Dak. (Ellsworth AFB) to com­ Air Traffic Division Chief. Any data, prise that airspace within a 5-mlle radius vectoring of arriving and departing air­ views, or arguments presented during of Ellsworth AFB, Rapid City, S. Dak., craft at the two airports. such conferences must also be submitted (latitude 44°08'42" N., longitude 103 W - Certain minor revisions to the pre­ in writing in accordance with this notice 11" W.); and within 2 miles each side of scribed instrument approach procedures m order to become part of the record the Ellsworth AFB TACAN 322° radial would be effected in conjunction with for consideration. The proposal con­ extending from the 5-mile radius zone the actions proposed herein, but opera­ tained in this notice may be changed to 8 miles NW of the TACAN excluding tional complexity would not be increased the light of comments received. the portion within the Rapid City, S. Dak. nor would aircraft performance or The public docket will be available for (Municipal Airport) control zone. present landing minimums be adversely examination by interested persons in the (4) Designate a control zone at Rapid affected. office of the Regional Counsel, Federal City, S. Dak. (Mur.cipal Airport) to The floors of the airways that traverse Aviation Agency, 4825 Troost Avenue, comprise that airspace within a 5-mile the transition areas proposed herein Kansas City, Mo., 64110. radius of the Rapid City, S. Dak., Mu­ would automatically coincide with the floors of the transition areas. Amendment is proposed under nicipal Airport (latitude 44°02'32" N., wie authority of section 307(a) of the longitude 103°03'21" W.); and within 2 Specific details of the changes to pro­ miles each side of the Ellsworth AFB cedures that would be required may be 1348>ral Aviation Act of 1958 <49 U.S.C. VOR 316° radial, extending from a 5-mile examined by contacting the Chief, Air­ radius circle centered on Ellsworth AFB space Branch, Air Traffic Division, Cen­ 196?Ued at Kansas City> Mo-> on July 2, (latitude 44°08'42" N., longitude 103° tral Region, Federal Aviation Agency, 06'11" W.) to the VOR; and within 2 4825 Troost Avenue, Kansas City, Mo., E dward C. M arsh, miles each side of the Rapid City VOR­ 64110. Director, Central Region. TAC 155° radial extending from the 5- Interested persons may submit such •R. Doc. 65-7504; Filed, July 15, 1965; mile radius zone to 8 miles SE of the 8:46 a.m .] written data, views, or arguments as VORTAC, excluding the portion N of a they may desire. Communications 8972 PROPOSED RULE MAKING should be submitted in triplicate to the Amend Part 563 by adding after Director, Central Region, Attention: § 563.17-1 a new section as follows: Chief, Air Traffic Division, Federal Avia­ § 563.17—2 Reappraisal of assets which tion Agency, 4825 Troost Avenue, Kansas become scheduled items; treatment City, Mo., 64110. All communications of over-valued assets. received within 45 days after publication of this notice in the F ederal R egister (a) Reappraisal of assets which be­ will be considered before action is taken come scheduled items. Each insured on the proposed amendment. No public institution shall promptly reappraise the hearing is contemplated at this time, but real estate security for any loan in proc­ arrangements for informal conferences ess of foreclosure and any real estate with Federal Aviation Agency officials owned which is or becomes a scheduled may be made by contacting the Regional item and which was not reappraised pur­ Air Traffic Division Chief. Any data, suant to this paragraph when in process views, or arguments presented during of foreclosure; the institution shall write such conferences must also be submitted down the asset or establish a specific in writing in accordance with this notice reserve to the extent book value exceeds appraised value. in order to become part of the record (b) Revaluation of assets in connection for consideration. The proposal con­ with examination. Whenever, in con­ tained in this notice may be changed nection with an examination, an exam­ in the light of comments received. iner discloses over-valuation (exclusive The public docket will be available for of fluctuations in value due to changes examination by interested persons in the in market interest rates) of any asset, office of the Regional Counsel, Federal the insured institution shall at the direc­ Aviation Agency, 4825 Troost Avenue, tion of the supervisory agent write down Kansas City, Mo., 64110. the asset or establish a specific reserve in This amendment is proposed under the the amount of over-valuation disclosed authority of section 307 (a) of the Fed­ eral Aviation Act of 1958 (49 U.S.C. by the examiner. 1348). (Secs. 402, 403, 48 Stat. 1256, 1257, as amend­ ed; 12 U.S.C. 1725, 1726. Reorg. Plan No. 3 Issued at Kansas City, Mo., on July 2, Of 1947, 12 F.R. 4981, 3 CFR, 1947 Supp.) 1965. E dward C. M arsh, Resolved further that all interested persons are hereby given the opportu­ Director, Central Region. nity to submit written data, views, or [F.R. Doc. 65-7505; Filed, July 15, 1965; arguments on the following subjects and 8:46 a m .] issues: (1) Whether said proposed amendment should be adopted as pro­ posed; (2) whether said proposed amendment should be modified and FEDERAL HOME LOAN BANK BOARD adopted as modified; (3) whether said proposed amendment should be rejected. [ 12 CFR Part 563 1 All such written data, views, or argu­ [ FSLIC—2,200] ments must be received through the mail or otherwise at the Office of the Secre­ FEDERAL SAVINGS AND LOAN tary, Federal Home Loan Bank Board, INSURANCE CORPORATION Federal Home Loan Bank Board Build­ ing, 101 Indiana Avenue NW., Washing­ Reappraisal of Assets ton, D.C., 20552, not later than August 16, J u l y 9, 1965. 1965, to be entitled to be considered, but Resolved that, pursuant to Part 508 of any received later may be considered in the general regulations of the Federal the discretion of the Federal Home Loan Home Loan Bank Board (12 CFR Part Bank Board. 508) and § 567.1 of the rules and regula­ By the Federal Home Loan Bank tions for Insurance of Accounts (12 CFR Board. 567.1), it is hereby proposed that Part 563 of the rules and regulations for In­ [ seal] H arry W. Ca u lsen, surance of Accounts (12 CFR Part 563) Secretary. be amended by an amendment, the sub­ [F.R. Doc. 65-7515; Filed, July 15, 1965; stance of which is as follows: 8:47 a.m .] Notices

5. This amendment to Delegation of 3. Revocation. This order supersedes DEPARTMENT OF STATE Authority 23 shall be effective immedi­ Orders No. 1 and No. 2 for Statue of Agency for International Development ately. Liberty, issued April 20,1963. W illiam S. Gaud, [Delegation of Authority 23-3] (National Park Service Order No. 14 (19 FJR. Deputy Administrator. 8824), as amended; 39 Stat. 535, 16 U.S.C., SURPLUS AGRICULTURAL J uly 6,1965. Sec. 2; Northeast Region Order No. 4 (29 FR. 13405)) COMMODITIES [F.R. Doc. 65-7510; Filed, July 15, 1965; 8:47 a.m .] J ohn A. T ownsley, Delegation of Authority Superintendent, New York City National Park Service Group. Pursuant to the authority delegated [Delegation of Authority 17; Arndt. 2] to me by Delegation of Authority No. J une 25,1965. 104, as amended, from the Secretary of CONTRACTING FUNCTIONS [F.R. Doc. 65-7511; Filed, July 15, 1965; State, dated November 3, 1961, Dele­ 8:47 a.m .] gation of Authority No. 23 dated Decem­ Reference Change ber 28, 1962 (28 F.R. 563), as amended, Change the reference to “Executive is further amended as follows: Order 10784, as amended” where it ap­ 1. Section 1, paragraph (3) is herebypears in the introductory paragraph of CIVIL AERONAUTICS BOARD amended to read as follows: Delegation of Authority No. 17 to read [Docket No. 16236; Order E-22431] “Executive Order 11223 (30 F.R. 6635)” (3) The function of requesting or au­ INTERNATIONAL AIR TRANSPORT thorizing the transfer of surplus agricul­ and change the reference to “Executive tural commodities (other than transfers Order 10784” in paragraph l.d. to read ASSOCIATION “section 4 of Executive Order 11223”. through the World Food Program), Order Regarding Reduced-Rate pursuant to sections 201 and 202 of title This change is effective May 12, 1965. Transportation for Cargo Agents n of Public Law 480, with the exception of the function of signing transfer William S. Gaud, Adopted by the Civil Aeronautics Board authorizations to be issued to the Deputy Administrator. at its office in Washington, D.C. on the Commodity Credit Corporation. July 6, 1965. 12th day of July 1965. 2. Section 1, paragraph (4) is hereby [FJR. Doc. 65-7509; F iled, July 15, 1965; Agreement adopted by the Traffic Con­ 8:46 a.m .] ferences of the International Air Trans­ amended to read as follows: port Association relating to reduced-rate (4) The function, pursuant to section transportation for cargo agents; Docket 203 of title n , of determining the agen­ 16236, Agreement C A.B. 18375, R-9. cies, including intergovernmental organ­ DEPARTMENT OF THE INTERIOR Pursuant to section 412(a) of the Fed­ izations, other than the World Food eral Aviation Act of 1958 (the act) and Program, through which and the man­ National Park Service Part 261 of the Board’s economic regula­ ner, terms and conditions upon which, [Order No. 1] tions, there has been filed with the Board transfers under sections 201 and 202 an agreement between various air car­ shall be made, and of authorizing the ADMINISTRATIVE OFFICER AND riers, foreign air carriers, and other payment of ocean freight and inland GENERAL SUPPLY ASSISTANT carriers, embodied in the resolutions of transportation with respect to commodi­ the Traffic Conferences of the Interna­ ties transferred pursuant to sections 201 Delegation of Authority tional Air Transport Association (IATA). and 202, other than those transferred Delegation of authority regarding The agreement, which has been assigned through the World Food Program, upon execution of contracts and purchase the above-designated CA.B. agreement certification that such payment is neces­ orders for supplies, equipment or services. number, was adopted at meetings of the sary to accomplish the purposes of title 1. Administrative officer. The Ad­ Venice Cargo Conference, May 5 through II of Public Law 480. ministrative Officer, New York City May 27, 1965, and is intended to become 3. Section 2, paragraph (5) is hereby National Park Service Group, may exe­ effective on September 1, 1965. amended to read as follows: cute and approve contracts not in excess The agreement, encompassed in Reso­ of $25,000.00 for supplies, equipment, or lution 203a, proposes for worldwide appli­ (5) The function, with respect to pro­ services in conformity with applicable cation the reduced-rate facility now grams conducted worldwide, in countries regulations and statutory authority and available to cargo agents within Europe in two or more geographic regions or subject to the availability of appropria­ and the area comprised of the Middle through the World Food Program, of tions. This authority may be exercised East, Libya, and Tunisia. The conces­ requesting or authorizing the transfer by the Administrative Officer in behalf sion is also substantially similar to that of surplus agricultural commodities pur­ of any unit under the administration of accorded passenger sales agents in inter­ suant to sections 201 and 202 of title n the New York City National Park Service national air transportation, and, in sub­ of Public Law 480. Group. stance, would permit a 75-percent dis­ 4. Section 2, paragraph (6) is hereby 2. General supply assistant. The count for two air trips per year per car­ amended to read as follows: General Supply Assistant, New York rier for each approved location of the City National Park Service Group, may agent. However, the fare concession (6) The function, with respect to pro­issue purchase orders not in excess of proposed is subject to various conditions grams conducted worldwide, in countries $2,500.00 for supplies, equipment, or serv­ and to special rules for computing the in two or more geographic regions or ices in conformity with applicable reg­ fares where the transportation involved tnrough the World Food Program, pur­ ulations and statutory authority and is to, from, or via U.S. points. In gen­ suant to section 203 of title II, of deter­ subject to the availability of appropria­ eral, the special rules would have the mining the agencies, including intergov- tions. This authority may be exercised effect of excluding travel at reduced fares organizations, through which by the General Supply Assistant in behalf within the United States. In this con­ m ^ « t-n?anner* terms* and conditions of any unit under the administration of nection, the rules provide that with re­ transfers under sections 201 and 202 shall be made. the New York City National Park Service spect to travel between points in the Group. United States and points outside thereof, No. 136------4 8973 8974 NOTICES the discount shall not exceed 75 percent days from the date of service of this or­ days from the date of service of this or­ of the applicable air fare to/from certain der, submit statements in writing con­ der, submit statements in writing con­ named gateways; namely, Boston with taining reasons deemed appropriate, taining reasons deemed appropriate, respect to transatlantic travel, Honolulu together with supporting data, in support together with supporting data, in support for travel via the Pacific, and New York of or in opposition to the agreement. An of or in opposition to the Board’s action or Miami with respect to travel within original and 19 copies of the statements herein. An original and 19 copies of the the Western Hemisphere. With respect should be filed with the Board’s docket statement should be filed with the to travel between foreign points but via section. Board’s docket section. The Board may, and including stopovers within the upon consideration of any such state­ United States, fares will be assessed on This order wifi be published in the F ederal R egister. ments filed, modify or rescind its action the basis of the respective discounted herein by subsequent order. fares to/from the named gateways in­ By the Civil Aeronautics Board.- volved plus the full local fare between This order will be published in the such gateways or the full local fare for [ seal] H arold r . S anderson, F ederal R egister. travel between the first and last points Secretary. on the journey within the United States, [F.R. Doc. 65-751?; Hied, July 15, 1965; By the Civil Aeronautics Board. whichever is higher. 8:47 a.m .] [ seal! H arold R , S anderson, The matter of reduced-rate transpor­ Secretary. tation for cargo sales agents was before [Docket No. 15353; Order E-22432] [F.R. Doe. 65-7520; F iled, J u ly 16, 1965; tiie Board some years ago. In the Free 8:47 a.m .] and Reduced Rate Transportation Case INTERNATIONAL AIR TRANSPORT decided in 1951,1 the Board approved an ASSOCIATION IATA resolution permitting reduced-rate [Docket No. 15919] transportation for passenger sales agents Order Regarding Air Waybills in foreign and oversea air transportation Adopted by the Civil Aeronautics _ AIR JAMAICA, LTD. but disapproved a similar concession for Board at its office in Washington, D.C., cargo agents. The Board concluded on the 12th day of July 1965. Notice of Prehearing Conference that while the discriminatory fare con­ Agreement adopted by Traffic Confer­ .. Issues In this proceeding shall include cession for passenger sales agents met the ence 1 of the International Air Transport (a) whether a new or amended foreign test for a departure from the rule of Association relating to air waybills; air carrier permit shall be issued to equality in that extraordinary or serious Docket 15353, Agreement C.A.B. 18411, BOAC so as to authorize services between business interests of the carriers were in­ Pursuant to section 412(a) of the Fed­ New York and Jamaica under the pro­ volved, the concession for cargo sales eral Aviation Act of 1958 (the act) and posed wet lease arrangement with Air agents did not meet the test. With re­ Part 261 of the Board’s economic regula­ Jamaica; and (b) whether a new or spect to cargo agents, the Board noted, tions, there has been filed with the Board amended foreign air carrier permit shall among other things, that certain benefits an agreement between various air car­ be issued to BWIA so as to authorize would accrue to an air carrier from busi­ riers, foreign air carriers, and other car­ services between Miami and Jamaica ness information obtained in the course riers, embodied in the resolutions of under the proposed wet lease arrange­ of privileged travel, but that the record Traffic Conference 1 of the International ment with Air Jamaica. (Order E- did not indicate that the information Air Transport Association (IATA), and 22407, served Aug. 2,1965.) could not otherwise be readily obtained adopted by mail vote. The agreement Notice is hereby given that a prehear­ without such travel by other means of has been assigned the above-designated ing conference on the above-entitled ap­ communication. C.A.B. agreement numb«:. plication is assigned to be held on Jiffy Comments in support of the agreement The agreement would readopt and 20,1965, at 10 a.m., e.d.s.t., in Room 607, have been received from the National amend Resolution 600—Form of Air Universal Building, Connecticut and Customs Brokers and Forwarders Asso­ Waybiil/Consignment Note (AWB)—by Florida Avenues NW., Washington, D.CL, ciation of America, Ine., and from the permitting on an optional basis the inser­ before Examiner Joseph L. Fltzmaurlce Customs Brokers and Forwarders Asso­ tion of a statement defining the liability ciation of Miami, Inc. However, the U.S. of Canadian surface carriers which per­ Dated at Washington, D.C., July 12, carriers have submitted no economic jus­ form surface transportation within 1965. tification or data to support a departure Canada prior or subsequent to the air [ seal] F ra nc is W. B row n, from the precedent established in the transportation covered by the air waybill. Chief Examiner. above-noted decision. The minutes of The agreement would further amend [F.R. Doc. 65-7521; Filed, July 15, 1965; tiie Venice Conference indicate that the Resolution 600 and make a corresponding 8:47 aon.] adoption of the fare concession by the amendment to Resolution 600b—Air composite conference was influenced by Waybill—Conditions of Contract—by the the conclusions of a senior-level working inclusion of a paragraph which would [Docket No. 16325] group to which proposals dealing with permit Empresa Consolidada Cubana de CORDOVA AIRLINES, INC. agency commissions and fare concessions Aviacion (Cubana) an exception to use had been referred. The minutes, how­ its form of air waybill without the new Temporary Points Service Investiga­ ever, are devoid of any information con­ Hague Protocol wording until depletion tion; Notice of Prehearing Confer­ cerning the carriers’ deliberations either“ of its current stock, but in no event later ence in the working group or the composite than April 1, 1967. Under the present conference. resolutions, such wording would have Notice is hereby given that a prehear­ Under all circumstances, the Board been required off each waybill after ing conference in the above-entitled considers it appropriate to defer action April 1,1965. matter is assigned to be held on August so as to afford a period of time for the The Board, acting pursuant to sections 2,1965, at 10 a.m., e.d.s.t., in Room 1027, submission of comments by the U.S. car­ 102, 204(a), and 412 of the act, does not Universal Building, Connecticut and rie d other carrier parties to the agree­ find Resolution 100(Mail 411)002d and Florida Avenues NW., Washington, D.C., ment, and other interested persons. 100 (Mail 411) 000b, which are incorpo­ before Examiner Richard A. Walsh. Accordingly, if is ordered, That: Action rated in the above-described agreement, Dated at Washington, D.C., July 12, on Agreement G.A.B. 18375, R-9, is de­ to be adverse to the public Interest or in 1965. ferred. violation of the act, Any air carrier party to the agreement, Accordingly, it is ordered: That Agree­ [ seal] F rancis W. B row n, or any interested person, may, within 15 ment C.A.B. 18411 be approved. Chief Examiner. Any air carrier party to the agreement, [FJt. Doc. 65-7522; Filed, July 15, 1965; 114 C.A.B. 481. or any interested person, may, within 15 8:47 a m .] Friday, July 16, 1965 FEDERAL REGISTER 8975 and to maintain his proposed operations of July 8, and that an inquiry will be FEDERAL COMMUNICATIONS for a m in im u m period of 3 months. On made on this issue in the light of that July 8, 1965, the Commission issued a new standard.1 COMMISSION public notice (FCC 65-595; Mimeo No. 6. To enable the parties to effect the 69657) entitled “Clarification of Appli­ various amendments contemplated above, [Docket Nos. 15932,15933; FCC 65M-912] cability of new Financial Qualifications further proceedings herein will be held ASSOCIATED TELEVISION CORP. AND Standard Concerning Broadcast Appli­ in abeyance until September 13, 1965, at CAPITOL CITY TELEVISION CO. cations.” Among other things, the im­ which time a further prehearing con­ port of this public notice was to define ference will be held at 10 a.m., at the Memorandum Opinion and Order those cases in which the Commission Commission’s offices in Washington, Continuing Prehearing Conference would require an applicant for com­ D.C., for the purpose of then assessing mercial broadcast facilities to demon­ the status of this matter, fixing such In re applications of; Associated Tele­ strate its ability to operate for 1 year further procedures and dates as may be vision Corp., St. Paul, Minn., Docket No. after the construction of its station. necessary, and establishing a date for 15932, Pile No. BPCT-3318; Deil O. Gus­ The “Clarification” stated that “The new the commencement of hearing. The tafson, trading as Capitol City Television standard will be applied to all appli­ parties are directed to have all of the Co., St. Paul, Minn., Docket No. 15933, cations, whether now pending or here­ amendments contemplated by the fore­ Pile No. BPCT-3428; for construction after filed, for new UHF-TV facilities in going served and filed prior to Septem­ permit for new television broadcast ber 13, 1965 (it being understood that station. markets where three or more VHF sta­ 1. The resolution of certain questions tions are presently in operation.” The the specification of such date shall not which arose at a further prehearing con­ St. Paul-Minneapolis market presently operate to extend the time for any action ference in this matter on July 12, 1965, has four VHF stations. Accordingly, the required to be taken sooner pursuant to makes it necessary and desirable to for­ new financial standard is applicable to any applicable order or directive). malize the conference rulings in this the applicants in this case. Since, how­ So ordered, This 12th day of July 1965. Memorandum Opinion and Order so that ever, the financial qualification of As­ Released: July 13,1965. the parties may be fully apprised of their sociated is presently assumed and as­ import and to afford any aggrieved party serted in the Commission’s hearing F ederal Communications an opportunity to obtain a prompt review order, and since there is no specific issue C o m m issio n , in that order relating to the financial [ seal] B en F . W aple, thereof. v l Secretary. 2. Each of the applicants seeks to con­ qualification of Associated, it is the rul­ struct a new UHF television station on ing of the Examiner that, unless one of [F.R. Doc. 65-7529; Filed, July 15, 1965; Channel 23 at St. Paul, Minn. Pursu­ the parties to this proceeding introduces 8:47 a.m .] ant to Supplement No. 1 to Fourth Re­ a financial issue as to Associated upon port and Order in Docket No. 14229 (In appropriate petition to, and favorable the Matter of Fostering Expanded Use action by, the Review Board, the fi­ [Docket Nos. 16037,16038; FCC 65M-913] nancial qualification of Associated will of UHF Television Channels) (FCC 65- CAMPBELL AND SHEFTALL AND FORT 544; Mimeo No. 68765), adopted June 16, not be challenged in this proceeding and 1965, each of the applicants was required no evidence relating thereto will be ad­ CAMPBELL BROADCASTING CO. duced. Thus, it is expected that the to file a written notice, on or before July Order Regarding Procedural Dates 6,1965, evidencing its intention to amend Broadcast Bureau will promptly review its application so as to request Channel the pending application of Associated In re applications of; Gladys W. 29 in lieu of Channel 23; and each of the and redetermine the matter of its fi­ Campbell, John Parry Sheftall, and John applicants was required to file the appro­ nancial qualification under the new H. Bailey, doing business as Campbell priate engineering amendment on or be­ policy of the Commission. If no ques­ and Sheftall, Clarksville, Tenn., Docket fore August 10,1965. Each of the appli­ tion is thereby presented, no further issue No. 16037, File No. BPH-3770; J. Shelly cants has filed the July 6 notice and has will, presumably, be sought; conversely, McCallum, Gary H. Latham, and E. T. expressed an intention of filing the Au­ if the Bureau feels that an issue as to Breathitt, Jr., doing business as Fort gust 10 amendment. In the latter con­ this matter is warranted, it will be ex­ Campbell Broadcasting Co., Fort Camp­ nection, it was the ruling of the Exam­ pected promptly to seek inclusion of an bell, Ky., Docket No. 16038, File No. BPH- iner that an amendment merely chang­ appropriate issue, as indicated above. 4209; for construction permits. ing the channel number could be filed 4. It is noted that counsel for the Bu­ At a conference held on July 9, 1965, as a “matter of right,” and that any reau disagreed with the Examiner’s rul­ it was agreed by all parties that hearing other engineering changes directly re­ ing in this regard and expressed the view will be conducted in the following lated to, and required by, such channel that the Commission’s public notice of manner: change, could also be filed as a “matter July 8, 1965, automatically established Issue One (whether the Fort Campbell of right.” 1 Any other proposed engi­ an appropriate issue for inclusion in this proposal would serve all of Fort Camp­ neering changes would be governed by proceeding as to Associated. The Ex­ bell) and Issue Two (grant of which ap­ the applicable rules of the Commission. aminer disagrees with the Bureau’s posi­ plication would best promote 307(b) ob­ 3. The hearing order herein (FCC tion in this regard. The Commission’s jectives) will be tried first. At the con­ 65-272; Mimeo No. 64498), adopted public notice is merely a statement of clusion of hearing on those issues, pro­ March 31, 1965, and released April 2, policy; and had the Commission desired, posed findings will be filed and an initial 1965, contains a financial qualification at the time of issuance of such policy, decision will issue. If disposition of the issue only as to Gustafson. According­ to include such an issue in any pending applications can be made on the basis of ly. the financial qualification of Asso­ proceedings, it presumably would have facts developed under those issues, hear­ ciated Television Corp. (Associated) is done so by a blanket order, or by indi­ ing will terminate. If, however, disposi- not at issue and is presumed to have been vidual orders so directing.* adequately established. Prior to the 5. In view of the fact that there is, as 4 In light of the new financial standard designation of these applications for noted above, presently pending a finan­ applicable to this case, it is clear that As­ hearing, the Commission’s standard of cial issue as to Gustafson, the E x a m in er sociated also has the “right” promptly to file financial qualification encompassed, has ruled that the latter may, as a an amendment as to its financial qualifica­ among other considerations, the ability “matter of right,” 3 promptly file such tion to meet the new test, should it so desire. amendment relating to his financial However, Associated’s counsel stated, on the of the applicant to construct his station record, that he was satisfied that his existing qualification as may be necessary or ap­ showing is adequate to meet the new stand­ £ is intended here, by use of the phrase propriate to enable him to meet the new ard, and he proposes to rest upon the appli­ matter of right,” to mean that such amend­ standard set forth in the public notice cation as it now stands. Thus, should it ment, while required by the rules to be later eventuate that a financial issue is raised tendered with an appropriate petition, would 2 The Examiner is without authority to as to Associated, it would appear that its e granted as a matter of right, assuming add, delete, or change issues. "right” to amend will have been lost and e underlying conditions of relevance and *See footnote I, above—except that here that it will then be required to satisfy the necessity vis-a-vis the Supplement (above) reference is made to the public notice of Commission’s rules governing amendments were met. ' ’ July 8 in lieu of the Supplement. after designation for hearing. sm '^N O T IC E S mW Broadcast Bureau) will provide appli­ American Union Transport For­ tion cannot be thus made, further hear­ warding, Inc,, New York, N.Y., ing will be held on the remaining issues.1' cant Baker with the names of all wit­ and Bevon International Co., On September 1, 1965, the parties will- nesses and the subject matter of the Inc., Charleston, S.C------—- FF-2122 exchange exhibits. testimony of each such witness, under Gerhard & Hey Co., Inc., Inter- After September 10, 1965, no substan­ issue 1, by October 15 ; and sped., Inc., New York, N.Y., and tial change will be made in exhibits by It is ordered further, That all parties Keer, Mauer Co., Philadelphia, the party sponsoring them. are considered bound by the commit­ P a ______FF—2258 ments they have made of record at the Bohner, Gehrig & Co., Inc., New On September 20, 1965, the parties will York, N.Y., and Seaway Forward­ notify each other of the witnesses they prehearing conference, the transcript of ing Co., Cleveland, Ohio______FF-2257 intend to call to the stand as well as the which is hereby incorporated by refer­ Express Forwarding & Storage CO., witnesses (sponsors of exhibits or prin­ ence herein in its entirety.1 Ine., New York, N.Y., and Air cipals to the application) whom they Cargo Brokerage Co., Miami, Fla— FF-2258 want available for cross-examination. Released: July 12, 1965. D. Hauser, Inc., New York, N.Y., and On September 30,1965, hearing will be F ederal Communications T. J. Hanson, Inc., Beaumont, held on the first two issues.3 Tex ______- ______FF-2259 Co m m issio n , Karr, EfiliB & Co., Inc., New York, So ordered, This 12th day of July 1965. Cseal] B e n F . W aple, N.Y., and Bevon International, Released: July 13,1965. Secretary. Inc., Charleston, S.C—___ —.— - FF-2260 United Forwarders Service, Inc., F ederal Communications [F.R. Doc. 65-7531; Filed, July 15, 1965; 8:47 a.m .] New York, N.Y., and Paul Sustek Co m m issio n , Co., Philadelphia, Pa______EF-2265 tSEAL] B b n F . W aple, M. E. Dey & Co., Inc., Milwaukee, Secretary. Wis., and Competent Shipping Corp., New York, N,Y______FF-2268 [F.R. Doc. 85-7530; Filed, July 15, 1965; FEDERAL MARITIME COMMISSION General Foreign Freight Forward- 8:47 a.m .] era, Norfolk, Va., and Gem For­ AMERICAN UNION TRANSPORT warding Corp., New York, N.Y___ FF-2269 FORWARDING, INC., ET AL. Wilson’s American Co., Inc., New [Docket No. 14368 etc.; FCC 65M-909] York, N.Y., and W. M. Stone & Co., Notice of Agreement* Filed for Inc., Norfolk, Va______FF-2271 SYRACUSE TELEVISION, INC., ET AL. Approval W O. Sm ith & Co., Inc., New York:, Order After Prehearing Conference N.Y.,- and Southern Shipping Co., Notice is hereby given that the fol­ Savannah, Ga__ ___ FF-2273 In re applications of: Syracuse Tele­ lowing freight forwarder cooperative Wilmington Shipping Co, Wilming­ vision, Inc., Syracuse, N.Y., Docket No. ton, N.C., and C. H. Powell Go., working agreements have been filed with me., New York, N.Y______FF-2274 14368, File No. BPCT-2924; W. R. G. the Commission for approval pursuant Wilson’s American Co, Inc., New Baker Radio & Television Corp., Syra­ to section 15 of the Shipping Act, 1916, York,. N.Y„ and C. A. H artnett cuse, N.Y., Docket No. 14369, Hie No. as amended (39 Stati 733, 75 Stat. 763, Co., Boston, Mass______FF-2276 BPCT-2930; Onondaga Broadcasting, 46 U.S.C. 514) , Gallagher & Ascher Co., Chicago, HI., Inc., Syracuse, N.Y., Docket No. 14370, Interested parties may Inspect and ob­ and Harry H. Blanco & Co., Los File No. BPCT-2931 ; WAGE, Ihe., Syra­ tain a copy of the agreements at the Angeles, Calif__ _ —, FF-2277 cuse, N.Y., Docket No. 14371, File No. Gallagher & Ascher Co., Chicago, IU„ Washington office of the Federal Mari­ and Metro Shipping Corp., New BPCT-2932 ; Syracuse Civic. Television time Commission, 1321 H Street NW., York, N.Y__ ;______.__ ___ FF-2278 Association, Inc., Syracuse, N.Y., Docket Room 301. Comments with reference to J. S. Lipinski Co., Toledo, Ohio, and No. 14372, Hie No. BPCT-2933 ; Six Na­ an agreement including a request for Almac Shipping Co., Inc., New tions Television Corp., Syracuse, N.Ÿ., hearing, if desired, may be submitted to York, N.Y______- FF-2279 Docket No. 14444, Hie No. BPCT-2957; the Secretary, Federal Maritime Com­ W. O. Smith & Co., Inc., Norfolk, Salt City Broadcasting Corp., Syracuse, mission, Washington, D.C., 20573, within Va., and M adison Shipping Co;, N.Y., Docket No. 14445, File NO. BFCT- 20 days after publication of this notice me., New York, N.Y.______FF-2280 2958; George P. Hollingbery, Syracuse, Chas. Kurtz CO.,' Philadelphia, Pa., In the F ederal R egister. A copy of any and Hirshbach & Smith, Inc., New N.Y., Docket No. 14446, Hie No. BPCT- such statement or request for a hearing York, N.Y______FF-2283 2968; for construction permits for new should also be forwarded to each of the International Expediters, me., New television broadcast stations. parties to the agreement (as indicated York, N.Y., and Salentine & Co., The Hearing Examiner having under hereinafter), and the comments should Inc., Milwaukeee, Wis__ _ FF-2285 consideration today’s prehearing confer­ indicate that this has been done. Maron Shipping Agency, me., New ence in tiie above-entitled proceeding; Unless otherwise indicated, these York, N.Y., and Southern Ship­ It is ordered, This 9th day of July 1965, agreements are nonexclusive, coopera­ ping Co., Jacksonville, Fla-----« FF-2286 E. Estrella & Co., Inc., New York, that the hearing on issues 2 and 3 is tive working arrangements under which N.Y., and Bevon international, hereby scheduled to convene, at 10 a.m., the parties may perform freight forward­ Inc., Charleston, S.C— ------FF-2288 Monday, October 4> 1965, at the Commis­ ing services for each other. Forwarding A. F. Burstrom & Son, Inc., Detroit, sion’s offices, Washington, D.C., and that and service fees are to be agreed upon on Mich., and M. E. Dey & Cp., Inc., the hearing on issue 1 will commence at each transaction. Ocean freight com­ Milwaukee, Wis_ i------— FF-2289 the same time and place, on Monday, pensation is to be divided as agreed Trans World Shipping Corp., New November 15, 1965; York, N.Y., and M. E. Dey & Co., between the parties. Inc., Milwaukee, Wis— ------FF-2290 It is ordered further, That applicant Sea-Lanes Shipping Co:, Inc., New Baker will provide copies of its direct 1 The TTaaring Exam iner, a t th e request of York, N.Y., and M. H. Garvey Co., case exhibits under Issues 2 and 3 to the other parties (Bureau included), re­ Boston, Mass______.______FF-2291 the other parties and the Hearing Ex­ quests, In the Interest of expediting the hearing, that applicant Baker make available F. V. Marotta, Inc., New York, N.Y., aminer by September 13; that the other to tiie other parties all the documents, or and Thomas E. Flynn & Co., parties will inform Baker’s counsel by copies thereof, as specified during the pre- Miami, Fla ______- FF-2292 September 23 of the witnesses desired hearing conference today, if under tiie pos­ F. V. Marotta, Inc., New York, N.Y., for cross-examination at the October 4 session or control of Baker or its principals. and J. T. Steeb & Co., Inc., Port- portion of the hearing; that the other Failure to comply will undoubtedly result land, Oreg------—— FF-229 parties (including the Commission’s In a request for subpenas which, of neces­ Leading Forwarders of Rochester, sity, will be returnable on November 15. m e., Rochester, N.Y., and Stone & 1 Campbell and Sheftall are petitioning to This could result in delays of the hearing Downer & Co., Boston, Mass------FF-2294 have an issue added questioning the finan­ which Baker has stated lt does not want. Norton & Ellis of New York, me., cial qualifications of Fort Campbell. If they The Hearing Examiner also requests that New York, N.Y., and Smith & Kelly succeed, that issue will be tried at the same the Broadcast Bureau make an effort to en­ Co.,. Savannah, ------FP-229S time Issues One and Two are tried. list the cooperation of the New York State Attorney General’s office, in connection with Norton & Ellis of New York, Inc., 2 Note: This constitutes a continuance of New York, N.Y., and Southern , the hearing date now scheduled, which is the production of information or evidence Savannah, Ga_ FF-2296 Sept. 9* 1965. pertinent to issue 1. Shipping Co., me. Friday, July 16, 1965 FEDERAI REGISTER 8977 Broad Street Forwarders, Inc., New Marine Forwarding Co., Inc., New C. S. Greene & Co., Inc., Chicago, 111., York, N.Y., and Paul Sustek Co., York, N.Y—______FF—2261 is party to the following agreements, the Philadelphia. Pa______—___ FF-2297 CaldweU & Co., Inc., New York, terms which are identical. The other j. T. Steeb & Co., Inc., Portland, N.Y______FF-2313 Oreg., and H. B. Thomas & Co., San General Shipping Co., Inc., Tampa, parties are: Francisco, Calif, (all branches)_FF-2298 Fla______FF—2390 Alliance Shipping Co., New York, Seaway Forwarding Go., Cleveland, N.Y______FF-2102 Ohio, and Circle Forwarders, Inc., Forwarding and service fees are to be Mohegan International Corp., New Detroit, Mich------,------FF—2299 as follows: York, N.Y__ ;______FF-2147 H. A. Gogarty, In c., New York, N.Y. f Bermuda and Nassau______$2.50 Hasman Shipping Corp., New York, (New Orleans office), and Sea­ All other countries: N.Y...... FF-2275 borne Services, Inc., New York, To pass completed export declara­ Dyson Shipping Co., Inc., New N.Y______FF—2300 tio n s______1.25 York, N.Y______FF-2314 Inge & Co., Inc., New York, N.Y., and To pass completed bills of lading----- 1.25 Del Mar Shipping Corp., Los To prepare or complete and pass ex­ Forwarding and service fees are $3.50 Angeles, Calif______*___ FF—2301 port declarations______- ______2. 50 for passing of Shipper’s Export Declara­ Inge & Co., Inc., New York, N.Y., and To prepare or complete and pass bills tion only. Special services remain sub­ Terra-Marine Shipping Co., San o f lading____ —______- ______2 .5 0 ject to negotiation and agreement on Francisco, Calif______:______FF—2302 Preparation of Consul documents__ 5.00 each transaction. Ocean freight broker­ Paul Sustek Co., Philadelphia, Pa., Consular documents (at cost). age compensation is to be retained by and Amcam Shipping Co., Inc., Telephone calls, teletypes, or tele­ the originating forwarder. New York, N.Y______FF-2303 grams (at cost). W. O. Sm ith & Co., Inc., New York, Ocean freight brokerage is to be divided N otice o f A greements S u b je c t to N.Y., and W ilm ington Shipping , Cancellation Co., W ilm ington, N.C______FF-2304 equally on a 50-50 basis between both parties. Heemsoth-Kerner Corp., New York, Agreement FF-2262 between FJN.S. Notice is hereby given that the follow­ N.Y., and J. T. Steeb & Co., Inc., Corp., New York, N.Y., and the Cottxnan ing independent ocean freight forwarder Portland, Oreg______.— FF-2305 cooperative working agreements ap­ Paul Sustek Co., Philadelphia, Pa., Co., Baltimore, Md., is a cooperative and Taub, Hummel & Schnall, working arrangement whereunder ocean proved by the Commission pursuant to Inc., New York, N.Y______FF-2306 freight brokerage will not be divided be­ section 15 of the Shipping Act, 1916, as Reynolds & Puzon, Inc., New York, tween the parties and forwarding and amended (39 Stat. 733, 75 Stat. 763, 46 N.Y., and Paul Sustek Co., Phila­ service fees are subject to negotiation U.S.C. 814) are scheduled for cancella­ delphia, Pa______FF-2307and agreement on each transaction after tion inasmuch as in accordance with the Transport Masters International, giving consideration to extent and value terms therein the parties to the agree­ Inc., New York, N.Y., and Bevon International, Inc., Charleston, of services to be performed. ments have requested in writing that the S.C______FF-2308 Agreement FF-2270 between Penson agreements be terminated. Hensel, Bruckmann & Lorbacher, Forwarding Corp., New York, N.Y., and L. Grodwohl & Son, New York, N.Y., Inc., New York, N.Y., and Seaway Trans-World Shipping Service, Inc., To­ and Atlas Agencies, Inc., Jack­ Forwarding Co., Cleveland, Ohio_FF-2309 ledo, Ohio, is a cooperative working ar­ sonville, Fla______FF-264 Allen Forwarding Co., Philadelphia, rangement whereunder forwarding and Major Forwarding Co., Inc., New Pa., and Peerless Forwarders, Ltd., service fees are subject to negotiation and York, N.Y., and WUk Forwarding New York, N.Y______FF-2310 Co., Jacksonville, Fla__ ;___ - ___ FF-108 Albert E. Bowen, Inc., New York, agreement on each transaction depend­ Heidi’s, Inc., New York, N.Y., and N.Y., and Bevon International, ing upon the services to be performed. ' Westland & Co., Inc., San Fran­ Inc., Charleston, S.C______FF-2311 Ocean Freight brokerage will be retained cisco, Calif______FF-1201 Coastal Forwarders, Charleston, by the originating forwarder. R. W. Smith & Co., Houston, Tex., S.C., and Cosmos Shipping Co., Lunham & Reeve, Inc., New York, N.Y., and Haras & Co., Inc., New York, Inc., New York, N.Y______FF-2317 is party to the following agreements, the N.Y ------FF-80 Caldwell & Co., Inc., New York, N.Y., terms which are identical. The other John S. James, Savannah, Ga., and and Coastal Forwarders, Charles­ parties are: Judson Sheldon International ton, S.C______FF—2328 Corp., Los Angeles, Calif______FF-2049 Almac Shipping Co., Inc., New York, F. B. Vandegrift & Co., Inc., Phila­ N.Y., and Karl Schroff & Asso­ delphia, Pa ______FF-2272 T homas Li s i , ciates, Inc., Chicago, 111______FF-2388 H. S. Renshaw, Inc., New Orleans, Secretary. Francesco Parisi, Inc., Savannah, L a ------FF—2284 J u l y 13, 1965. Ga., and Caldwell & Co., Inc., New York, N.Y------à ______FF-2389 The fee for forwarding services ren­ [F.R. Doc. 65-7524; Filed, July 15, 1965; dered by either party to the other shall 8:48 ajtn.] Agreement FF-1982 between Almac be $3.00 per shipment or the fee for for­ Shipping Co., Inc., New York, N.Y., and warding services rendered by either party Tooze & Associates, Portland, Oreg., is a shall be agreed upon by the parties upon A. P. MOLLER-MAERSK LINE AND cooperative working arrangement where­ the basis of the services performed on KAWASAKI KISEN KAISHA, LTD. each shipment. Compensation received under forwarding and service fees are Notice of Agreement Filed for $5.00 per shipment. Special services re­ from ocean freight carriers shall be main subject to negotiation and agree­ shared by the parties as may be agreed Approval ment on each transaction, depending upon by them on each shipment. Notice is hereby given that the follow­ upon the services to be performed. Cosmos Shipping Co., Inc., New York, ing agreement has been filed with the Ocean freight brokerage is to be retained N.Y., is party to the following agree­ Commission for approval pursuant to by the originating forwarder. ments, the terms which are identical. section 15 of the Shipping Act, 1916, as Amersped, Inc., New York, N.Y., is The other parties are: amended (39 Stat. 733, 75 Stat. 763 46 Party to the following agreements, the J. S. Lipinskl Co., Toledo, Ohio__ — FF-2267 U.S.C. 814). terms of which are identical. The other Pistorino & Co., Inc., Boston, Mass_FF-2312 Interested parties may inspect and ob­ Parties are: ■—, Forwarding and service fees are sub­ tain a copy of the agreement at the Di?ThS ann’ Wright & Pugh, Inc., ject to negotiation and agreement on Washington office of the Federal Mari­ Norfolk, Va______PP-2187 each transaction. Ocean freight broker­ time Commission, 1321 H Street NW,, Di£h“ f nn. W right & Pu'gh, "fnc." age to be retained by Cosmos Shipping Room 301; or may inspect agreement at Baltimore, Md______f p —220fl Co., Inc. the offices of the District Managers, New George W. Wise, Jr.. Sava'^h, Amcam Shipping Co., Inc., New York, York, N.Y., New Orleans, La., and San N.Y., is party to the following agree­ Francisco, Calif. Comments with refer­ Dip^“ a?ln« Wright & Pugh,'"fnc." PF 2222 ments, the terms which are identical. ence to an agreement including a request Philadelphia, Pa______FF-2235 The other parties are: for hearing, if desired, may be submitted vil“ f Forwarders, Inc., Jackson- Coastal Forwarders, Charleston, S.C- FF-2263 to the Secretary, Federal Maritime Com­ 18 Party to the following agree- The Hipage Co., Inc., Norfolk, Va___FF-2264 mission, Washington, D.C., 20573, within E gSj*® terms of which are identical, J. E. Lowden & Co., San -Francisco, 20 days after publication of this notice me other parties are- C alif------„------FF—2281 in the F ederal R egister. A copy of any George W. Wise, Jr., Savannah, Ga__ FF-2282 such statement should also be forwarded 8978 NOTICES to the party filing the agreement (as in­ THAILAND/PACIFIC FREIGHT 2. Revising Item I.G. to read: dicated hereinafter) and the comments CONFERENCE I.G. Deputy Director, Office of Devel­ should indicate that this has been done. opment Companies Notice of agreement filed for approval Notice of Agreement Filed for by: Approval 3. Deleting Item I.H. In Its entirety. Mr. W. R. lim es, Vice President, Kerr Steam­ Notice is hereby given that the follow­ Effective date: July 1,1965. ship Co., Inc., General Agents, Kawasaki Kisen Kaisha, Ltd., Clegg Building, 51 ing agreement has been filed with the R ichard E . K elley, Broad Street, New Vork, N.Y., 10004. Commission for approval pursuant to Deputy Administrator section 15 of the Shipping Act, 1916, as for Investment. Agreement 9472 between A. P. Moller- amended (39 Stat. 733, 75 Stat. 763r 46 [F.R. Doc. 65-7502; Filed, July 15, 1965; Maersk Line (initial carrier) and U.S.C. 814). &:4Ç a m .] Kawasaki Kisen Kaisha,. Ltd. (delivering Interested parties may inspect and ob­ carrier), covers a through billing ar­ tain a copy of the agreement at the rangement on general cargo from ports Washington office of the Federal Mari­ {Delegation of Authority 30—Pacific Coastal of call of the initial carrier in Thailand time Commission, 1321 H Street NW., Area (Revision 1) Arndt. 11 to ports of call of the delivering carrier Room 3DI; or may inspect agreement at PACIFIC COASTAL AREA on the Pacific Coast of the United States, the offices of the District Managers, New including Alaska and Hawaii with tran­ York, N.Y., New Orleans, La., and San Delegation of Authority To Conduct shipment at Yokohama or Kobe, Japan. Francisco, Calif. Comments with refer­ Program .Activities in Regional Of­ Dated: July 13,1965. ence to an agreement including a request fices for hearing, if desired, may be submitted By order of the Federal Maritime to the Secretary, Federal Maritime Com­ Pursuant to the authority delegated to Commission. mission, Washington, D.C., 20573, with­ the Area Administrator by Delegation of T hom as Li s i , in 20 days after publication of this notice Authority 30 (Revision 10), 30 FR. 972, Secretary. in the F ederal R egister. A copy of any as amended, 30 F.R. 2742; Delegation of [FR Doc. 65-7525; Filed, July 15, 1065; such statement should also be forwarded Authority 30 FJR. 8080 is hereby amended 8:48 am .]: to the party filing the agreement (as by revising Item I to read as follows: indicated hereinafter) and the com­ I. Pursuant to the authority delegated ments should Indicate that this has been to the Area Administrator by Delegation OY FINNLINES, LTD., AND SEATRAIN done. of Authority 30 (Revision 10), 30 FR. LINES, IN C Notice of agreement filed for approval 972, as amended, 30 FR . 2742; Delega­ by: tion of Authority 30 F.R. 8080, the follow­ Notice of Agreement Filed for Mr. S. S. Marr, Acting-Secretary, Thailand/ ing authority is hereby redelegated to Approval Pacific Freight Conference, % The Borneo the Regional Directors of Anchorage, Notice is hereby given that the follow­ Co., Ltd., 1/1041 Silem Road, Bangkok, Boise, Honolulu, Los Angeles, Phoenix, ing agreement has been filed with the T hailand. Portland, San Francisco, Seattle, Spo­ Commission for approval pursuant to Agreement 9474 between: kane, and San Diego, within the Pacific section 15 of the Shipping Act, 1916, as American President Lines, Barber-Wilhelm- Coastal Area. amended (39 Stat. 733, 75 Stat. 763, 46 sen Line (Joint Service), Fern-Villa Effective date: July 1,1965. U.S.C. 814). Lines—Fearnley & Eger, Kawasaki Kisen Interested parties may inspect and ob­ Kaisha, Ltd., NedUoyd & Hoegh Lines W il l ia m S . S chumacher, (Joint Service)., States Steamship Co. Area Administrator, tain a copy of the agreement at the Pacific Coastal Area. Washington office of the Federal Mari­ covers the establishment of a steamship time Commission, 1321 H Street NW., conference to be entitled the “Thailand/ {F.R. Doc. 85-7501; Filed, July 15, 1965; Boom 301; or may inspect agreement at Pacific Freight Conference” which will _ 8:46 amt] the offices of the District Managers, New operate in the trade from Thailand to York, N.Y., New Orleans, La., and San Hawaii and Pacific Coast ports of the Francisco, Calif. Comments with refer­ United States (excluding Alaska and ence to an agreement including a request Canada), under terms and conditions set FEDERAL POWER COMMISSION for hearing, if desired, may be submitted forth in said agreement. [Docket No. RI66-4 etc.] to the Secretary, Federal Maritime Com­ mission, Washington, D.C., 20573, within Dated: July 13,1965. RIP C. UNDERWOOD ET AL. 20 days after publication of this notice By order of the Federal Maritime in the F ederal R egister. A copy of any Commission. Order Providing for Hearings on and such statement should also be forwarded T homas Li s i , Suspension of Proposed C h a n g es to the party filing the agreement (as in­ Secretary. in Rates 1 dicated hereinafter) and the comments [F.R. Doc. 65-7527; Filed, July 15, 1965; July 8,1965. should indicate that this has been done. 8:48 a m .] The respondents named herein have Notice of agreement filed for approval filed proposed increased rates and by: charges of currently effective rate sched­ Mr. Harvey M. Flitter, Assistant Traffic Man­ ules for sales of natural gas under Com­ ager, Seatrain Lines, Inc., 585 River Road, SMALL BUSINESS mission jurisdiction, as set forth in Ap­ Edgewater, NJ., 07020. pendix A below. Agreement 9476, between Oy Finnlines, ADMINISTRATION The proposed changed rates and Ltd., and Seatrain Lines, Inc., covers a {Delegation of Authority 3.1 (Arndt. 1) ] charges may be unjust, unreasonable, through billing arrangement on general unduly discriminatory, or preferential, cargo from Holland, Belgium, Sweden, INVESTMENT ACTIVITIES or otherwise unlawful. Poland, West Germany, and Finland to Delegation of Authority The Commission finds: It Is in the Puerto Rico, with transhipment at New public interest and consistent with the York, under terms and conditions set I. Pursuant to the authority delegated Natural Gas Act that th e Commission forth in the agreement. to the Deputy Administrator for Invest­ enter upon hearings regarding the law­ ment, by the Administrator, Delegation fulness of the proposed changes, ana Dated : July 13,1965. of Authority No. 50 (Revision 3), as that the supplements herein be sus­ By order of the Federal Maritime amended, 25 F.R. 7418, 26 F.R. 4440, 27 pended and their use be deferred as Commission. F.R. 1303; Delegation of Authority 3.1* ordered below. T homas Li s i , 28 FR. 8333 is hereby amended by: The Commission orders: Secretary. 1. Revising Item LF. to read: [F.R. DOC. 65-7526; Filed, July 15, 1965r; I.F. Director, Office of Development / 1 Does not consolidate for hearing or dis­ 8:48 a m .] Companies pose of the several matters herein. Friday, July 16, 1965 FEDERAL REGISTER 8979 (A) Under the Natural Gas Act, par­ date shown in the "Date Suspended Un­ (D) Notices of intervention or peti­ ticularly sections 4 and 15, the regula­ til” column, and thereafter until made tions to intervene may he tiled with the tions pertaining thereto (li8 CER Ch. T), effective as prescribed by the Natural Federal Power Commission, Washington, and the Commission's rules of practice Gas Act. D.C., 20426, in accordance with the rules and procedure, public 'hearings shall be (C) Until otherwise ordered by theoif practice and procedure (18 CFR 1.8 held concerning the lawfulness Df the Commission, neither the suspended sup­ and 1.37(f)), on or before August 18, proposed changes. plements, nor the rate schedules sought 1965. (B) Pending hearings and decisions to be altered, shall be changed until dis­ By the Commission. thereon, the rate supplements herein are position of these proceedings or expira­ [ seal] J o seph H . O utride, suspended and their use deferred until tion of the suspension period. Secretary. Appendix A

Effective Cents œ r Mcf Rate in Rate Sup- Amount Date date Date sus- effect sub- Docket Respondent sched- pie- Purchaser and producing area of annual filing unless pended ject to No. ule ment Increase tendered SUS- until— Rate in Proposed refund in No. No. pended effect Increased Docket rete Nos.

RM6-4— - RipC. Underwood, 1 5 Colorado Interstate Gas Co. (Keyes $4,208 6,14-66 *7-15-65 12-15-65 •15.0 »<»17.6 213 First National Dome Field, Tex., and Cimarron Bank Bldg., Ama­ Counties, Okla.) (Panhandle Area)... rillo, Tex. RI06-5___ Oklahoma Natural 0 3 Panhandle Eastern Pipe Line Co. 298 6-15-05 «7-16-65 12-16-65 16.0. 4 * 17.0 Gas Co., Post Office (Forgan Field, Beaver County. Box 871, Tulsa, Okla.) (Panhandle Area). Okla., 74119. ' RK6-6___ Foree Drilling Co., 2 1 Transwestem Pipe Line Co. (N. W . 1,829 6-16-65 •9-1-65 2-1-66 «17.0 <7*19.5 3700 First National Doby Springs Field, Harper Coun-; Rank Bldg., Dallas, ty, Okla.) (Panhandle Area). Tex., 75202. Hanley Co., et al., 31 6 El Paso Natural Gas Co. (Spraberry 253 6-14-65 *7-15-65 12-15-65 *“ i a . o ; «718.1728 400 Davis Bldg., Area, Glasscock County, Tex.) Dallas, Tex., 75202. (R.R. District No. 8) (Permian Ba- sin Area). Hanley Co., et al____ 32 2 El Paso Natural Gas Co. (Spraberry 291 6-14-65 «7-16-66 12-15-65 • “ 16.6 « 718.1728 Area, Upton County, Tex.) (R.R. District Ne. 7-c) (Permian Basin Area). Hanley Co.,et al...... 33 1 El Paso Natural Gas Co. (Spraberry 384 6-14-66 •7-16-65 12-16-65 »»16.0 Area, Upton County., Tex.) (R.R. «718.1728 District No. 7-c) (Permian Basin Area). Hanley Co., et al...... - 34 2 El Paso Natural Gas Co. (Spraberry 1,798 6-14-66 «7,15-65 12-1646 • » 1 6 .0 <718.1728 Area, Upton County, Tex.) (R.R. District No. 7-c) (Permian Basin Area).

* The stated effective date Is the first day after expiration of the required statutory 7 Periodic rate increase. notice. »Subject to a downward B.t.u. adjustment; 3 Renegotiated rate increase. * Includes a tax reimbursement of 0.1821 cent per Mcf. 4 Pressure base is 14.68 p.s.i.a. 10 Seller is filing from initial certificated rate to a 2-step periodic increase plus tax !-Subject-to an upward and downward B.t.u. adjustment; reimbursement. •The stated effective date is the effective date requested by respondent. Rip C. Underwood (Underwood), requests mission jurisdiction, as set forth In Ap issuance of this order respondents shall that his proposed rate increase be permitted pendix A below. to become effective “immediately”. Good each execute and file under Its above- cause has not been shown for waiving the The proposed changed rates and designated docket number with the Sec­ 30-day notice requirement provided in sec­ charges may be unjust, unreasonable, retary of the Commission its agreement tion 4(d) of the Natural Gas Act to permit unduly discriminatory, or preferential, or and undertaking to comply with the re­ an earlier effective date Tor Underwood’s rate otherwise unlawful. funding and reporting procedure re­ filing and such, request is denied. The Commission finds: It is in the quired by the Natural Gas Act and All of the proposed Increased rates and public interest and consistent with the § 154.102 of the regulations thereunder, charges -exceed the applicable area price levels Natural Gas Act that the Commission accompanied by a certificate showing for increased rates as set forth In the Com­ enter upon hearings regarding the law­ mission’s Statement of General Policy No. service of copies thereof upon all pur­ 61-1, as amended (18 OPR, C h.I,Pt. 2, § 2.56). fulness of the proposed changes, and chasers under the rate schedule involved. that the supplements herein be suspended Unless respondents are advised to the [F.R. Doc. 65-7466; Piled, July 15, 1965; and their use be deferred as ordered contrary within 15 days after the filing 8:45 a m .] below. of their respective agreements and un­ The Commission orders: (A) Under dertakings, such agreements and under­ the Natural Gas Act, particularly sec­ takings shall be deemed to have been [Docket NO.RI86-2 etc.] tions 4 and 15, the regulations pertaining accepted. CAULKINS OIL CO. ET AL. thereto (18 CFR Ch. J> , and the Com­ (C) Until otherwise ordered by the mission’s rules of practice and procedure, Commission, neither the suspended sup­ Order Providing for Hearing on and public hearings shall be held concerning plements, nor the rate schedules sought Suspension of Proposed Changes the lawfulness of the proposed changes. to be altered, shall be changed until dis­ (B) Pending hearings and decisionsposition of these proceedings or expira­ in Rates, and A llo w ing Rate thereon, the rate supplements herein are tion of the suspension period. Changes To Become Effective Sub­ suspended and their use deferred until (D) Notices of intervention or peti­ ject to Refund 1 date shown in the “Date Suspended tions to intervene may be filed with the J u l y 8,1965. Until” column, and thereafter until made Federal Power Commission, Washington, The respondents named herein have effective as prescribed by the Natural D.C., 26426, in accordance with the rules filed proposed changes in rates and Gas Act: Provided, however, That the of practice and procedure (18 CFR 1.8 charges of currently effective rate sched­ and 1.37(f)), on or before August 18, supplements to the rate schedules filed by 1965. ules for sales of natural gas under Com- respondents, as set forth herein, shall become effective subject to refund on the By the Commission. consolidate for hearing or dis­ date and in the manner herein prescribed [ seal] J o seph H . G utride, pose of the several matters herein. - if within 20 days from the date of the Secretary. 8980 NOTICES

Appendix A

Effective Cents per Mcf Rate in Rate Sup­ Amount Date Date sus- effect sub- ple­ Purchaser and producing area of annual filing unless pended jeetto Docket Respondent sched­ increase tendered sus­ until Rate in Proposed refund in No. ule ment pended effect increased docket No. No. rate Nos.

4 7-16-65 <13.0 <•»14.0 RI66-2...... Caulkins Oil Co. 11 1 El Paso Natural Gas Co. (Dakota >$1,050 6-14-65 >7-15-65 (Operator), agent Formation, Rio Arriba County, N. for Ernest R. Mex.) (San Juan Basin Area). Breech, et al., 1130 First Nationa IBank Bldg., Denver 2, Colo. Attention: Keith L. Brown, Esq. * 8- 1-65 <8- 2-65 10.0 • »•12.2020 RI66-3...... Pubco Petroleum 16 5 El Paso Natural Gas Co. (Aztec Pic­ 149 6-14-65 Corp., Post Office tured Cliffs Formation Field, San Box 1419, Albuquer­ Juan County, N. Mex.) (San Juan que, N. Mex., 87103. Basin Area). - Attention: Mr. Frank D. Gorham, Jr.

> Based on billing statement volumes...... , . . . • Periodic rate increase. i Pressure base is 15.026 p.s.i.a.' . • , . , , * The stated effective date is the first day after expiration of the required statutory «The stated effective date is the effective date proposed by respondent. otice. »Includes partial reimbursement for full 2.55 percent New Mexico Oil & uas i The suspension period is limited to 1 day. • Includes 1.0 cent per Mcf minimum guarantee for liquids. Emergency School Tax. Caulkins Oil Co. (Operator), agent for by order of the Commission on the basis Ernest R. Breech, et al. (Caulkins), requests SECURITIES AND EXCHANGE of the facts stated therein and other a retroactive effective date of May l£f, 1964, information contained in the official files for his proposed rate increase. Good cause of the Commission pertaining thereto. has not been shown for waiving the 30-day COMMISSION notice requirement provided in section 4(d) [Pile Nos. 7-2457,7-2458] For the Commission (pursuant to dele­ of the Natural Gas Act to permit an earlier gated authority). effective date for Caulkins’ rate filing and BENEFICIAL FINANCE CO. AND such request is denied. [ seal] N elly e A . T horsen, The periodic rate increase filed by Caulkins SCHICK ELECTRIC, INC. Assistant Secretary. did not include as part of his proposed rate the contractually provided 1.0 cent per Mcf Notice of Applications for Unlisted [P.R. Doc. 65-7506; Piled, July 15, 1965; minimum guarantee for liquids. The addi­ Trading Privileges and of Oppor­ 8:46 a.m .] tion of this minimum guarantee of 1.0 cent tunity for Hearing per Mcf to the base rate results in a total rate in excess of the 13.0 cents per Mcf area J u l y 12,1965. [Pile No. 500-1] celling for increased rates in the San Juan Basin Area. Caulkins has advised that he is In the matter of applications of IDAMONT OIL & MINING CO. not willing to file a unilateral waiver of such the Philadelphia-Baltimore-Washington guarantee at this time. We believe, in this Stock Exchange for unlisted trading Order Suspending Trading situation, Caulkins’ proposed rate increase privileges in certain securities. should be suspended for 1 day from July 15, The above named national securities J u l y 12,1965. 1965, the date of expiration of the statutory exchange has filed applications with the The capital stock of Idamont Oil & n otice. The rate increase filed by Pubco Petroleum Securities and Exchange Commission Mining Co., certain fractional undivided Oorp. (Pubco), includes partial reimburse­ pursuant to section 12(f)(1)(B) of the interests and investment contracts re­ ment for the full 2.55 percent New Mexico Securities Exchange Act of 1934 and Rule lating to its mining properties, and op­ Emergency School Tax which was increased 12f-l thereunder, for unlisted trading tions to acquire such stock and interests from 2.0 to 2.55 percent on April 1,1963. The privileges in the common stocks of the are being traded otherwise than on a na­ buyer, El Paso Natural Gas Co. (El Paso), in following companies,, which securities accordance with its policy of protesting all tax are listed and registered on one or more tional securities exchange; and fiUr>gK proposing reimbursement for the New It appearing to the Securities and Ex­ Mexico Emergency School Tax in excess of other national securities exchanges: change Commission that the summary 0.55 percent, is expected to file a protest with Beneficial Finance Company, File 7-2457, suspension of such trading in such secu­ respect to the tax reimbursement portion of Schick Electric, Inc., File 7-2458. rities is required in the public interest this rate increase. El Paso questions the Upon receipt of a request, on or before right of Pubco under the tax reimbursement and for the protection of investors; clause to file a rate increase reflecting tax July 28,1965, from any interested person, It is ordered, Pursuant to section 15 reimbursement computed on the basis of an the Commission will determine whether (c) (5) of the Securities Exchange Act increase in tax rate by the New Mexico Leg­ the application with respect to any of the of 1934, that trading in the capital stock islature in excess of 0.55 percent. While El companies named shall be set down for Paso concedes that the New Mexico tax legis­ of Idamont Oil & Mining Co., certain lation effected a higher rate of at least 0.55 hearing. Any such request should state fractional undivided interests and in­ percent, it claims there is controversy as to briefly the title of the security in which vestment contracts relating to its mining whether or not the new legislation effected he is interested, the nature of the interest properties, and options to acquire sue an increased tax rate in excess of 0.55 percent. of the person making the request, and the In view of the contractual problem presented, stock and interests, otherwise than on we are suspending herein Pubco’s proposed position he proposes to take at the hear­ a national securities exchange, be sum­ rate for 1 day even though it is not in excess ing, if ordered. In addition, any inter­ marily suspended, this order to be effec­ of the applicable increased rate ceiling. The ested person may submit his views or tive for the period July 13, 1965, to J y hearing provided for herein will involve only any additional facts bearing on any of the contractual basis for the filing. 22, 1965, both dates inclusive. Caulkins’ proposed increased rate and the said applications by means of a charge exceeds the applicable area price letter addressed to,the Secretary, Securi­ By the Commission level f6r increased rates as set forth in the ties and Exchange Commission, Wash­ N ellye A . T horsen, Commission’s Statement of General Policy ington 25, D.C., not later than the date [ seal] No. 61-1, as amended (18 CPR Ch. I, Pt. 2, Assistant Secretary- § 2 .5 6 ). specified. If no one requests a hearing with respect to any particular applica­ [P.R. Doc. 65-7507; Piled, July 15> 1965, [F.R. Doc. 65-7465; Piled, July 15, 1965; 8:46 a.m .] 8:45 a.m .] tion, such application will be determined Friday, July 16, 1965 FEDERAL REGISTER 8981 [811-1200] Southwestern Freight Bureau, agent INTERSTATE COMMERCE (No. B-8751), for interested rail carriers. 5TC INVESTMENT CORP. Rates on processed clay, in carloads, Notice of Filing of Application for COMMISSION from specified points In Louisiana and Texas, to specified points in southern Order Declaring Company Has FOURTH SECTION APPLICATIONS territory. Ceased To Be an Investment Com­ FOR RELIEF Grounds for relief—Market competi­ pany J uly 12,1965. tion. J uly 12,1965. Protests to the granting of an appli­ Tariff—Supplement 4 to Southwestern Notice is hereby given that an applica­ cation must be prepared in accordance Freight Bureau, agent, tariff ICC 4628. tion has been filed pursuant to section with Rule 1.40 of the general rules of FSA No. 39895—Potassium (Potash) 8(f) of th e Investm ent Company Act of practice (49 CFR 1.40) and filed within to Warrenton, Oreg. Filed by Trans­ 1940 (“Act”) for an order of the Com­ 15 days from the date of publication of continental Ereight Bureau, agent (No. mission declaring that STC Investment this notice in the F ederal R egister. 428), for interested rail carriers. Rates Corp. (“Applicant”), East Gate Boule­ on potassium (potash), in carloads, from vard, Garden City, Long Island, N.Y„ Long- and-S hort H aul Carlsbad and Laving, N. Mex., also has ceased to be an investment company. FSA No. 39891—Chlorine to points in Machovee, Tex., to W arrenton, Oreg. Applicant filed a notification of regis­ southern territory. Filed by Southwest­ Grounds for relief—Market competi­ tration under th e act on February 27, ern Freight Bureau, agent (No. B-8752), tion. 1963, and also filed a proposal with the for interested rail carriers. Rates on Tariff—Supplement 41 to Trans-Con­ Small Business Administration to be­ chlorine, in tank carloads, from Bald­ tinental Freight Bureau, agent, tariff come incorporated as a small business win, Ark., Lake Charles, La., Corpus ICC 1729. investment company. The application Christ!, Freeport, and Houston, Tex., to FSA No. 39896—Soda ash to Knox, Pa. states that applicant was never licensed specified points in Florida and Georgia, Filed by Traffic Executive Association- by the Small Business Administration also Georgetown, S.C. Eastern Railroads, agent (ER. No. 2789), and its proposal to become a small busi­ Grounds for relief—Market competi­ for interested rail carriers. Rates on ness investment company was w ithdraw n tion. soda ash, not including modified soda in December 1963. The application fu r­ Tariffs—Supplements 83, 186, an d 79 ash, in bulk, in covered hopper cars, in ther states that applicant was never to Southwestern Freight .Bureau, agent, carloads, from Solvay and Syracuse, N.Y., incorporated and has no plans to tariffs ICC 4529, 4450, and 4534, respec­ to Knox, Pa. incorporate. - tively. Grounds for relief—Market competi­ Section 8(f) of the act provides, in FSA No. 39892—Joint motor-rail tion. pertinent part, that whenever the Com­ rates—Middlewest Motor Freight. Filed Tariff—Supplement 48 to Traffic Ex­ mission upon application finds th a t a by Middlewest Motor Freight Bureau, ecutive Association-Eastern Railroads, registered company has ceased to be an agent (No. 359), for interested carriers. agent, tariff ICC C-454. investment company, it shall so declare Rates on commodities moving on class FSA No. 39897—Tin mill "black plate to by order and upon the taking effect of and commodity rates over joint routes points in Minnesota. Filed by Traffic such order, the registration of such com­ of applicant rail and motor carriers, be­ Executive Association-Eastern Rail­ pany shall cease to be in effect. tween points in Illinois and Indiana, on roads, agent (E.R. No. 2790), for inter­ Notice is further given that any inter­ the one hand, and points in middlewest ested rail Carriers. Rates on tin mill ested person may, not later than July 30, and southwestern territories, on the black plate, in carloads, from specified 1965, at 5:30 p.m., submit to the Com­ other. points in Pennsylvania, also Steuben­ mission in w riting a request for a hearing Grounds for relief—Motor truck com­ ville and Yorkville, Ohio, and Weirton, on the matter accompanied by a state­ petition. W. Va., to Minneapolis, Minnesota ment as to the nature of his interest, the Tariff—Supplement 47 to Middlewest Transfer, St. Paul and Savage, Minn. reason for such request and the issues of Motor Freight Bureau, agent, tariff MF- Grounds for relief—Barge-truck com­ fact or law proposed to 1» controverted, ICC417. petition. or he may request that he be notified FSA No. 39893—Chlorine to Lake Tariff—Supplement 19 to Traffic Ex­ If the Commission shall order a hearing Charles, La. Filed by Southwestern ecutive Association-Eastern Railroads, thereon. Any such communication F reight Bureau, agent (No. B-8748), for agent, tariff ICC C-332. should be addressed: Secretary, Securi­ interested rail carriers. Rates on chlo­ FSA No. 39898—Gravel to Oakley, 111. ties and Exchange Commission, Wash­ rine, in tank carloads, from McIntosh, Filed by Illinois Freight Association, ington, D.C., 20549. A copy of such re ­ Ala., to Lake Charles, La. agent (No. -290), for and on behalf of quest shall be served personally or by Grounds for relief—-Market competi­ Norfolk & Western Railway Co. Rates mail (airmail if the person being served on gravel, road surfacing, in carloads, is located more than 500 miles from the tion. Tariff—Supplement 92 to Southwest­ from Attica, Ind., to Oakley, 111. point of mailing) upon the applicant at Grounds for relief—Motor truck com­ me address stated above. Proof of such ern Freight Bureau, agent, tariff ICC 4469. petition. service (by affidavit or in case of an Tariff—Supplement 26 to Norfolk & attorney-at-law by certificate) shall be By the Commission. W estern Railway Co., tariff ICC 8115. nted contemporaneously with the request. [seal] H. Neil G arson, By th e Commission. At any time after such date, as provided Secretary. y Rule 0^5 of the rules and regulations [seal] H. N eil Garson, [F.R. Doc. 65-7492; Filed, July 15, 1965; Secretary. Promulgated under the act, an order 8: 45 a a ] . Posing of the application herein may [F.R. Doc. 65-7493; Filed, July 15, 1965; oe issued by the Commission upon the 8:45 a.m.] oasis of the information stated in said FOURTH SECTION APPLICATIONS FOR RELIEF application, unless an order for hearing [Section 5a Application No. 92] upon said application shall be issued J uly 13, "1965, upon request or upon the Commission’s Protests to the granting of an applica­ MAINE MOTOR RATE BUREAU own motion. tion must be prepared in accordance with Application for Approval of R ule1.40 of the general rules of practice JK f ¡^Commission (pursuant to dele­ Agreement gated authority). (49 CFR 1.40) and filed within 15 days from the date of publication of this no­ J uly 13,1965. I seal] Nell YE A. T horsen, tice in th e F ederal R egister. The Commission is in receipt of the Assistant Secretary, Long-and-S hort H aul above-entitled and numbered applica­ tion for approval of an agreement under fpR. Doc. 65-7508; Filed, July 15, 1965; FSA No. 39894—Processed clay to the provisions of section 5a of the Inter­ 8 ¿46 am .] points in southern territory. Filed by No. 136----- 5 state Commerce Act. 8982 NOTICES Filed: July 7, 1965 by: B oland Rice, Washington, D.C., 20006. Authority 2. Under the heading Assignments to Rice, Carpenter, and Carraway, Suite sought to operate as a common carrier, Boards, in Item 7.7, Safety and Service 618, Perpetual Building, 1111 E Street by motor vehicle, over irregular routes, Boards, subparagraph 3 of paragraph NW., W ashington, D.C., 20004. transporting: Household goods, as de­ (a) Safety and Service Board No. 1— Agreement Involved: Agreement be­ fined by the Commission, between points Railroad Safety and Service Board, is tween carrier members of Maine Motor in the State of Hawaii, restricted to ship­ amended to read: Rate Bureau relating to joint considera­ ments having a prior or subsequent (3) Matters arising under the Acci­ tion, initiation, change, and publication movement beyond Hawaii, and further dent Reports Act, Safety Appliance Act, of rates, exceptions to classification rat­ restricted to pickup and delivery service Power or T rain Brakes Safety Appliance ings, division sheets, and rules, regula­ incidental to and in connection with Act of 1958, Hours of Service Act, Loco­ tions, and practices pertaining thereto, packing, crating and containerization or motive Inspection Act (except matters governing the transportation of property unpacking, uncrating and decontaineri­ relating to personnel and compensation between points in the State of Maine. zation of such shipments, for 180 days. and matters specificially delegated to the The complete application may be in­ SUPPORTING SHIPPERS: Smyth Director of Locomotive Inspection), and spected at the office of the Commission Worldwide Movers, Inc., 11616 Aurora Ash Pan Act, except to recommend in­ in Washington, D.C. Avenue North, Seattle, Wash., 98133; stitution of civil and crim inal proceed­ Any interested person desiring the Mollerup Freight Forwarding Company, ings for enforcement of statutory provi­ Commission to hold a hearing upon such P. O. Box 7247, Seattle, W ash., 98133; sions relating to safety of railroad application shall request the Commis­ Davidson Forw arding Company, 3180 V operation, which have not involved the sion in writing so to do within 20 days Street NE., Washington, D.C., 20018; taking of testim ony a t a public hearing from the date of this notice. As pro­ Martin Van Lines, P. O.. Box 7445, or the submission of evidence by opposing vided by the general rules of practice of Seattle, Wash., 98133; Burnham World parties in the form of affidavits, the Commission, persons other than ap­ Forwarders, Inc., Canal P. O, Box 338, plicants should fairly disclose their New York, N.Y., 10013; Door to Door By the Commission. interest, and the position they intend to International, Inc., P. O. Box 7367, [seal] B ertha F. Armes, take at the hearing with respect to the Seattle, Wash., 98133; Northwest Con­ Acting Secretary. application. Otherwise the Commission, solidators, P. O. Box 7441, Seattle, Wash., [F.R. Doc. 65-7496; Filed, July 15, 1965; in its discretion, may proceed to investi­ 98133. SEND PROTESTS TO: District 8:46 a.m.] gate and determine the matters involved Supervisor W. J. Huetig, Bureau of Op­ in Such application without further or erations and Compliance, Interstate formal hearing. Commerce Commission, Room 7708 Fed­ JOHN V. LAWRENCE eral Building, 300 North Los Angeles By the Commission, Division 2. Street, Los Angeles, Calif., 90012. Statement of Changes in Financial Interests [seal] H. N eil G arson, By the Commission. Secretary. P ursuant to subsection 392(e), Part HI, [F.R. Doc. 65-7494; Filed, July 15, 1965; [seal] H. Neil G arson, Executive O rder 10647 (20 F R . 8769) 8:45 a.m.] Secretary. “Providing for the Appointment of Cer­ [F.R. Doc. 65-7495; Filed, July 15, 1965; ta in Persons under the Defense Produc­ 8:45 a.m.] tion Act of 1950, as amended,” I hereby [Notice 4] furnish for filing w ith th e Office of the MOTOR CARRIER TEMPORARY ASSIGNMENT OF WORK, BUSINESS Federal Register for publication in the AUTHORITY APPLICATIONS AND FUNCTIONS F ederal R egister th e following informa­ tion showing any changes in my financial J uly 12, 1965. Organization interests and business connections as The following are notices of filing of At a general session of the Interstate heretofore reported and published (26 applications for temporary authority Commerce Commission, held at its of­ F.R. 8958, 27 F.R. 3829, 27 F.R. 9545, 28 under section 210a(a) of the Interstate fice in Washington, D.C., on the 29th day F.R. 4117, 28 F.R. 10468,29 F.R. 5579, and Commerce Act provided for under the of June A.D. 1965. 29 F.R. 14977) during the 6 months’ pe­ new rules in Ex P arte No. MC 67 (49 CFR Section 17 of the Interstate Commerce rio d ended M arch 14, 1965. Part 240), published in the F ederal Act, as amended (49 U.S.C. 17), and other No change. R egister, issue of April 27,1965, effective provisions of law being under considera­ July 1, 1965. These rules provide th a t tion, with a view to providing for the Dated: March 14,1965. protests to the granting of an application transfer of the function of approving or J ohn V. Lawrence. must be filed with the field official named disapproving requests for access to railr [F» t Doc. 65-7497; Filed, July 15, 1965; in th e F ederal R egister publication, road accident reports to Safety and Serv­ 8:46 am.] within 15 calendar days after the date ice Board No. 1, and providing for appeals notice of the filing of the application is of actions by this Board going to Divi­ published in the F ederal R egister. One sion 3 acting as an appellate division: [Notice 36] copy of such protest must be served on It is ordered, That the Organization FINANCE APPLICATIONS the applicant, or its authorized repre­ Minutes of the Interstate Commerce sentative, if any, and the protest must Commission relating to the Organization July 13,1965. certify that such service has been made. of Divisions and Boards and Assignment The following publications are gov­ The protest must be specific as to the of Work, issue of March 7, 1961, revised erned by the Interstate Commerce Com­ service which such protestant can and to May 1,1961, as amended, 26 F.R. 4773, mission’s general requirements go will offer, and must consist of a signed 5167, 8434, 10991, and 12789; 27 F.R. original and six (6) copies. erning notice of filing of aPPu°*u S A copy of the application is on file, and 1234, 1747, 2500, 3830, and 9997; 28 F.R. under sections 20a except (12) and can be examined, at the Office of the 198, 896, 8013, and 8185; 29 F.R. 3027, the Interstate Commerce A ct.jpe com­ Secretary, interstate Commerce Com­ 4935, 11401, 12503, 14517, 16846, 17020, mission’s order of May 20, 1964, pr mission, Washington, D.C., and also in and 18403; 30 F.R. 598, 2628, 5723, and ing for such publication of n0^ ne’lRSUe 8246, be, and it is hereby, further published in the F ederal R egister the field office to which protests are to amended in the following particulars: of July 31, 1964 (29 F.R. 11126) and be be transmitted. 1. Under the heading Assignment of came effective October 1, 1964. . Motor Carriers of P roperty Duties to Individual Commissioners, All hearings and prpearm g com paragraph (f) of Item 6.3 is amended to ences, if any, will be called at 9.80 ^ No. MC 119685 (Sub-No. 4 TA), filed read: U.S. standard time unless othe July 8, 1965. Applicant: SMYTH VAN & STORAGE CO. of California, InC., 3333 (f) Requests for (1) access to waybills East Willow Street, Long Beach, Calif. or photostat copies thereof, and (2) ac­ SPFCD.e No. 23726—By cess to statistics reported pursuant to July 7, 1965, TJ.M .E., INC., 2604 Texas Applicant’s representative: Alan F. Avenue (Post Office Box 1120), Lubbo . Wohlstetter, One Farragut Square South, orders of the Commission.

/ Friday, July 16, 1965 FEDERAL REGISTER 8983 Tex., seeks authority under section 214 [Notice 5] Assistant Manager, Post Exchange, of the Interstate Commerce Act to enter MOTOR CARRIER TEMPORARY Goodfellow Air Force Base, San Angelo, into a loan agreement in the amount of Tex.; Guy Rutherford, Vice-President, $3,000,000 evidenced by notes bearing AUTHORITY APPLICATIONS Hemphill-Wells, San Angelo, Tex.; interest rates of 5Y2 percent. Appli­ J uly 13, 1965. Frankie Pinson, Shipping Supervisor, cant’s attorney: Prank M. Garrison, The following are notices of filing of Alco, Inc., San Angelo, Tex.; Federal Post Office Box 1120, Lubbock, Tex. applications for temporary authority un­ Land Bank Association of San Angelo, Protests must be filed no later than 15 der section 210a(a) of the Interstate San Angelo Branch, San Angelo, Tex.; days from date of publication in th e Commerce Act provided for under the Tom Ridgeway, Florist, San Angelo, Tex. ; Federal R egister. new rules in Ex P arte No. MC 67 (49 Mr. Harvey, Office Manager, Madyes, FJD. No. 23725—By application filed CFR Part 240), published in the F ederal Inc., San Angelo, Tex.; J. H. Worferl, July 8, 1965, Louisville & Nashville R ail­ R egister, issue of April 27, 1965, effec­ Manager, K-Mart, S. S. Kresge Co., San road Co., 908 West Broadway, Louisville, tive July 1, 1965. These rules provide Angelo, Tex.; Albert E. Cobb, Program Ky., 40201, seeks authority under section that protests to the granting of an appli­ Director, KCTV Television Station, San 20a of the Interstate Commerce Act to Angelo, Tex.; Ethicon Inc., Division of assume obligation and liability in respect cation must be filed with the field official named in the F ederal R egister publica­ Johnson & Johnson, San Angelo, Tex.; of $5,040,000 aggregate principal am ount tion, within 15 calendar days after the Mr. B. L. Ingram, Traffic Manager, of its Serial Equipment Trust Certifi­ date notice of the filing of the applica­ Goodfellow Air Force Base, San Angelo, cates, Series 22 and th e sale thereof. tion is published in th e F ederal R egister. Tex.; Keel Drug, Ballinger, Tex.; Pearce Applicant’s attorney: J. A. Kilduff, As­ One copy of such protests must be served Daily Drug, Ballinger, Tex.; Ballinger sistant Vice President, Louisville & Nash­ on the applicant, or its authorized rep­ Equipment Co., Ballinger, Tex.; Ballinger ville Railroad Co., 220 E ast 42d S treet, resentative, if any, and the protests must Truck & Tractor Co., Ballinger, Tex.; New York, N.Y., 10017, Protests m ust be certify that such service has been made. Mansell Bros. Implement Co., Ballinger, filed no later than 15 days from date of The protest must be specific as the serv­ Tex.; King-Holt Furniture Co., Ballin­ publication in the F ederal R egister. ice which such protestant can and will ger, Tex.; Ballinger Dry Goods, Ballin­ FJD. No. 23727—By application filed offer, and must consist of a signed origi­ ger, Tex.; Home Furniture Co., Ballinger, July 9, 1965, M issouri-Texas-K ansas nal and six (6) copies. Tex.; Higginbotham’s, Ballinger, Tex.; Railroad Co., K aty Building, 701 Com­ A copy of the application is on file, Georges, Ballinger, Tex.; Middleton’s, merce Street, D allas, Tex., 75202, seeks and can be examined, at the Office of Ballinger, Tex.; Lintz Department Store, authority under section 20a of the In­ the Secretary, Interstate Commerce Ballinger, Tex.; Heidenheimers, Ballin­ terstate Commerce Act to (1) issue Commission, Washington, D.C., and also ger, Tex.; Mrs. Lawrence Blackman, $2,152,600 of its Prior Lien Mortgage 5 in the Field Office to which protests are Owner, Mode O’Day, Ballinger, Tex.; percent Bonds, Series E, due January 1, to be transmitted. Mrs. Cam Blackman, Owner, Ruby’s 1975; and/or (2) to pledge and repledge Gift Shop, Ballinger, Tex. ; Perry Broth­ said Series E Bonds as collateral security Motor Carriers of P roperty ers, Inc., Ballinger, Tex.; Mansell Broth­ for notes. Exemption from require­ No. MC 61403 (Sub-No. 133 T A ), filed ers, Ballinger, Tex.; Higginbotham ments for competitive bidding as order in July 9, 1965. A pplicant: THE MASON Bros. & Co., Comanche, Tex.; Stone’s, report and order dated May 8, 1944, in AND DIXON TANK LINES, INC., East­ Ballinger, Tex.; Pearce-Bailey Drug, EX PARTE 158 is requested. Appli­ man Road, Post Office Box 47, Kings­ Ballinger, Tex.; and Scoggins Tot-thru- cant’s attorney: W. A. Thie, General port, Tenn. Applicant’s representative: teens, Ballinger, Tex. SEND PROTESTS Counsel, M issouri-Kansas-Texas R ail­ Charles E. Cox (same address as ap­ TO: District Supervisor Stephen P. To- road Co., K aty Building, 701 Commerce plicant). Authority sought to operate many, Interstate Commerce Commis­ Street, Dallas, Tex., 75202. Protests as a common carrier, by motor vehicle, sion, Bureau of Operations and Compli­ must be received no later than 7 days over irregular routes, transporting: Bias- ance, 346 Broadway, New York, N.Y., from date of publication in the F ederal 10013. Register. tic pellets, in bulk, in pneumatic tank ve­ hicles, from the plantsite of Shell Chem­ No. MC 93616 (Sub-No. 7 TA ), filed FD. No. 23728—By application filed ical Co., located at Woodbury, N.J., to July 9, 1965. Applicant: INGHAM, July 9, 1965, M issouri-Kansas-Texas the plantsite of the United States Rubber INC., Post Office Box 1263, M onahans, Railroad Co., K aty Building, 701 Com- Co., located at or near Winnsboro, S.C., Tex., 79756. Authority sought to oper­ merce Street, Dallas, Tex., 75202, seeks for 160 days.-. SUPPORTING SHIPPER: ate as a contract carrier, by motor ve­ authority under section 20a of the In­ R. S. Oliver, Traffic Analyst—Textile Di­ hicle, over irregular routes, transporting: terstate Commerce Act to (1) assume Sodium sulphate, from the site of the obligation by way of Guarantor of note vision, United States Rubber Co., Winns- boro Mills, Winnsboro, S.C, SEND PRO­ Ozark-Mahoning Plant located 22 miles or notes in an amount not in excess of southeast of Seagraves, Tex., to rail $4,000,000 to be issued by its subsidiary TESTS TO: District Supervisor J. E. Gamble, Interstate Commerce Commis­ siding located 1 mile south of Seagraves, company, Southwestern States Manage­ Tex/, for 150 days. RESTRICTION: ment Co., and (2) to jo in t w ith its sub­ sion, Bureau of Operations and Compli­ ance, 706 U.S. Courthouse, Nashville, The operation authorized immediately sidiary company in the pledge and re- Term., 37203. above is limited to a transportation serv­ Pledge of $6,619,000 principal am ount of ice to be performed under a continuing Adjustment Mortgage 5 percent Bonds, No. MC 66562 (Sub-No. 2097 T A ), filed July 9, 1965. A pplicant: RAILWAY contract or contracts, with the Ozark- Series A, previously issued by its pred­ Mahoning Company, Tulsa, Okla. ecessor and now owned by said subsidiary EXPRESS AGENCY, INCORPORATED, 219 E ast 42d S treet, New York, N.Y., SUPPORTING SHIPPER: W. W. Cog- company, as collateral security for the hill, Vice-President, Ozark-Mahoning aioresaid note or notes. Applicant’s 10017. A pplicant’s representative: W il­ liam H. Marx (same address as appli­ Company, 1870 South Boulder, Tulsa, attorney: W. A. Thie, General Counsel, Okla., 74119. SEND PROTESTS TO: Missouri-Kansas-Texas Railroad Co., cant) . Authority sought to operate as £aty Building, 701 Commerce Street, a common carrier, by motor vehicle, over District Supervisor Harold W. Gregory, Dallas, Tex., 75202. P rotests m ust be regular routes transporting: General Interstate Commerce Commission, Bu­ commodities, moving in express service, reau of Operations and Compliance, 918 med n° iater than 7 days from date of Tyler Street, Amarillo, Tex., 79101. Publication in the F ederal R egister. between Abilene, Tex., and San Angelo, Tex., from Abilene over U.S. Highway No. MC 106398 (Sub-No. 275 TA), By the Commission. 83 to Ballinger, Tex., thence over U.S. filed July 9, 1965. A pplicant: NA­ Highway 67 to San Angelo, Tex., and TIONAL TRAILER CONVOY, INC., 1925 [seal] H. N eil Garson, return over the same route, serving the National Plaza, Tulsa, Okla., 74151. Secretary. intermediate points of Ballinger, Row- Mail: Box 8096, Dawson Station. Appli­ (P-R. Doc. 65-7517; Filed, July 15, 1965; ena, and Miles, Tex., for 180 days. cant’s representative: O. L. Thee, (same 8:47 a.m.] SUPPORTING SHIPPERS: F. L. Allen, as applicant’s). Authority sought to 8984 NOTICES operate as a common carrier, by m otor poles, piling, and lumber, from White- Carignan, Interstate Commerce Commis­ vehicle, over irregular routes, transport­ wood, S. Dak., to points in Nebraska, sion, Bureau of Operations and Compli­ ing: Buildings, in. sections, mounted- on Montana, and North Dakota, for 150 ance* 346 Broadway, New York, N.Y., wheeled undercarriages with hitch ball days. SUPPORTING SHIPPER: Glen 10013. connector, from points in Arkansas to L. W est berg, Secretary-Treasurer, No. MC 127401 TA, filed July 9, 1965. points in Alabama, Colorado» Florida, Whitawood Post, and Pole, Whitewood, Applicant: F P & M TRANSPORTA­ Georgia» Illinois, Kentucky, Louisiana, s: r>gir SEND PROTESTS TO : District TION, INC., 1439 Route Five, South Mississippi, Missouri, New Mexico, North Supervisor J“. L. Hammond, interstate Windsor, Conn. Applicant’s representa­ Carolina, Oklahoma» South Carolina* Commerce Commission, Bureau of Oper­ tive: Reubin Kaminsky, 410 Asylum Tennessee, and Texas, for. 18Q days. ations and Compliance,. 366% South Street, Hartford, Conn. Authority SUPPORTING SHIPPERS: Air-Line Pierre Street, Pierre, S. Dak., 57501. sought to operate as a contract carrier, Homes, Inc., and Magnolia Corporations, No. MC 127399 TA, filed July 9, 1965. by motor vehicle, over irregular routes, Cabot, Ark. All States Trailer Co., Inc., Applicant: JENS K. AND DONNA L. transporting: Precast architectural and Jacksonville, Ark^ Palace Homes, Inc., HANSEN, a partnership, doing business, structural concrete products, from the Newport, Art:., Green Acres Trailer Sales, as BUD’S HAULING, 3% Mile Halibut plantsite of Allied Casting Corp., lo­ Jacksonville, Ark. SEND PROTESTS Point,Road, Box 526,. Sitka, Alaska. Ap- cated at Manchester, Conn., to points in TO: District Supervisor G. L. Phillips, licant’s representative: Duane Craske, Massachusetts, New Hampshire, • New Interstate Commerce Commission, Bu­ Post Office Box 10.88, Sitka, Alaska. Au­ York, New Jersey, and Rhode Island, for reau of Operations and Compliance, thority sought to operate as a common 180 days. RESTRICTION: Operations Room 350-American General Building, carrier, by motor vehicle, over irregular described above a re to be under con­ 210 Northwest Sixth, Oklahoma. City, routes, transporting: (T) Shipments re­ tinuing contract or contracts with Allied Okja 73102. quiring special equipm ent; (2) shipm ents C asting Carp., of M anchester; Conn. No7 MG 118831 (Sub-No, 41 TA ), filed transported in shipper owned trailers;, SUPPORTING SHIPPER: Allied Casting Ju ly 9; 1965. A pplicant: CENTRAL (3) shipments loaded on pallet vans or in Corp., 260 Tolland Turnpike* Manches­ TRANSPORT, INCORPORATED, van boxes; a n d (4) prefabricated build­ ter, Conn. SEND PROTESTS. TO: Dis­ Uwharrie Road, Past. Office Box 5044', ings, (1) between points on Baranof trict Supervisor David J. Kieman, Inter­ High Point, N.C. Applicant’s repre­ Island; Alaska, and (21 between points state Commerce Commission, Bureau of sentative: John. C. Tabor (same address on Baranof Island, Alaska, on the one Operations and Compliance, 135 High as applicant) . Authority sought to hand, and, on the other, points in Alaska Street, Hartford, Conn., 06101. operate as a common carrier, by m otor south and east of the international No. MC 127402 TA, filed July 9, 1965. vehicle, over irregular routes, transport­ boundary line between, the United ¡States Applicant : GEORGE GOLDSTEIN, do­ ing: Polyethylene dry, in bulk, from and Canada north of Haines, Alaska, ing business as G. G. TRUCKING COM­ points, in. Greenville County, S.C., to interlining with Federal Maritime Com­ PANY, 30 E ast 208 S treet, Bronx, NY. Norcross, Ga., fnr 180. days. SUPPORT­ mission water carriers and Interlining Applicant’s representative: Charles H. ING SHIPPER: W: R. Grace & Co,, with carriers presently having authority Trayford, 220 E ast 42 S treet, New York, Polymer Chemicals; Division, 225 All- to transport shipments to and from the N.Y. Authority sought to operate as a wood Road, Clifton, N.J. SEND PRO­ area involved, for 18Q days. SUPPORT­ common carrier, by motor vehicle, over TESTS TO: District Supervisor Archie ING SHIPPERS: Coxway Dock Co., irregular routes, transporting: Metal W. Andrews* Interstate Commerce Com­ Sitka, Alaska, Rands Co., Inc., Sitka, forks, knives, and spoons (other than mission, Bureau of Operations and Com­ Alaska, S'. S. MXillen, Inc., G eneral Con­ gold or silver plated) , in boxes, from pliance, P ost Office Box: 10885, Cam eron tractors, Box A, Sitka, Alaska, Far West East Farmingdale (Suffolk County), NY. Village Station, Raleigh, N.C., 27605. Precut Homes, Post Office Box 623, Sitka, to points in th e New York, N.Y., com­ No. MC 125626 (Suh-No. % TA)> filed Alaska. SEND PROTESTS TG: Dis­ mercial zone as defined by the Com­ July 9, 1965. A pplicant: WILLIAMS trict Supervisor Hugh H; Chaffee,.inter­ mission, for 180 days. SUPPORTING TRUCKING, INC., Box 363, Grant state Commerce Commission, Bureau of SHIPPER: Regent-Sheffield Ltd., 152- Street,. Lisbon, Ohio, 44432*. Appli­ Operations and Compliance, Post Office 35 10th Avenue, W hitestone 57, NY. cant’s representative: Earl N. Merwin, Box 1532, Anchorage, Alaska, 99501. SEND PROTESTS TO: District Super­ 85 East Gay Street, Columbus, Ohio, No. MC 12740.0 TA, filed. July 9, 1965. visor Paul W. Assenza, Interstate Com­ 43215. Authority sought, to operate as Applicant: CAPUANO TRUCKING CO., merce Commission, Bureau of Operations a, contract carrier, by motor vehicle, INC.» 105-45 180th Street, Jamaica, N.Y. and; Compliance* 346 Broadway, New over irregular routes, transporting: Applicant’s representative: Arthur J. York, N.Y., 10013. Building materials (except stone, fly Piken, 160-16 Jamaica Avenue, Jamaica No. MC 127403 TA, filed July 9* 1965. ash, clay, and refractory products and 32; N.Y. Authority sought to operate as Applicant: EARL P. KRUEGER, Route bulk commodities in dump trucks) , be­ a contract carrier, by motor vehicle, over No* 1, Durand, Wis. Applicant’s repre­ tween Alliance, Ohio, on the one hand, irregular routes, transporting: House­ sentative: Earl P. Krueger, Route No. 1, and, on the other, points in Pennsyl­ hold! appliances, pool tables, gyms, plas­ Durand, Wis. Authority sought to op­ vania, and points in Hancoek, Brooke, tic pools, and sporting equipment, be­ erate as a contract carrier, by motor Ohio, and Marshall Counties, W. Va., tween New York, N.Y., and points in vehicle, over irregular routes, transport­ for 150 days. SUPPORTING SHIP­ Nassau, Suffolk, and Westchester Coun­ ing: Wood products, including rough PERS: Joseph A. Guard, General Traffic ties, N.Y., and Newark and Woodbridge, lumber, ties, wood chips,* from Durand Manager, Wood’ Conversion Co., Alliance, N. J*, on the one hand, and, on the other, and Mondovi, Wis., to points in Minne­ Ohio, William M. dem , Treasurer, Alli­ points in Nassau, Orange, Putnam, Rock­ sota, Illinois, and the Upper Peninsula ance Millwork, Inc., Box 216 Alliance, land, Suffolk, and Westchester, N.Y., of Michigan, for 180 days. SUPPORT­ Ohio, 4460L SEND PROTESTS TO: and those in Fairfield and New Haven ING SHIPPERS: Earl Wayne Lumber District Supervisor H. Forrest Whiter Counties, Conrr., and those in Bergen, Company, Star Route, Durand, Wis;, Interstate Commerce Commission, Bu­ Essex, Hudson, Hunterdon, Mercer, Wayne Lumber Company, Rober & Middlesex, Monmouth, Morris, Passaic, James Wayne, Durand, Wis., and Pftrnd reau of Operations and Cbmpliance, Somerset, Sussex, Union, and Warren Bros. Lumber Co*, Mondovi, Wis. SEND 531 Hawley Building, Wheeling, W. Va., Counties, N .j;, fo r 180 days. SUPPORT­ PROTESTS TO: District Supervisor A. 26003. ING SHIPPERS: Good Neighbor Stores, E. Rathert, interstate Commerce Com­ No. MC 127340 (Suh-No. 1TA), filed Inc., 639 McDonald Avenue, Brooklyn, mission, Bureau of Operations and Com­ July 9, 1965. A pplicant: THOMAS C. N:Y„ 11218, Queensborough Radio & pliance, 448 Federal Building and U.S. BOWEN, doing business as BOWEN Television Corp., 25-25 Bridge Plaza Court House, 110 South Fourth Street, TRUCKING SERVICE, 1905 M ain Street, North, Long Island City, N.Y:, Argus Ra­ M inneapolis, Minn., 55401. di® Appliances, In®., 241 East 59th Street, Sturgis, S. Dak., 57785. Applicant’s By the Commission. representative: E. V. Morrill, Post Office New York 22, N.Y.,, S. Klein Department Stores, Inc., Uhion Square, New York 3, [seal] H. Neil Garson, Box 580, Sturgis, S. Dak., 57785. Au­ Secretary. thority sought to operate as a contract N.Y., Sunset Stores, 92-24 Queens Boule­ carrier, by motor vehicle, over irregular vard, Rego Park 74, N.Y. SEND PRO­ IF.R, Doc. 65-7518: Filed, July 15, 1965; routes, transporting: Treated posts, TESTS TO: District Supervisor E. N. 8:47 ajn.] Friday, July 16, 1965 FEDERAL REGISTER 8985

CUMULATIVE LIST OF CFR PARTS AFFECTED— JULY

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

3 CFR Pa«e 7 CFR—Continued page 14 CFR—Continued Page Proclamations: 946 ____ 8511 Proposed R ules: 3659 ------8383 947 ______8961 39— ____ _— __ __ — 8413, 3660 ______8507 1136______8566 8414, 8487, 8488, 8687, 8688, 8798 3661—____ i*.______8663 1138_____ 8391 71—___ _—„— ______8489- 3662______8773 1400______8457 8491,8589, 8590,8634-8637, 8689, Executive Orders: 1421------8673, 8823 8690,8798,8799, 8856, 8857, 8970, July 2, 1910 (revoked in p art 1427______8451, 8673, 8748, 8825 8971. by PLO 3725) ______8792 1446______8401 73____ — — 8590, 8638 Mar. 29, 1912 (revoked in p a rt 1464______8512 77——— ____ — ___ 8905 by PLO 3715)._— ____ 8789 1483______'______8898 91______8799 July 9, 1913 (revoked in p a rt P roposed R ules: . < 233______8487 by PLO 3725)______8792 52______8905 1238 (revoked by PLO 3728) __ 8832 724______8630 15 CFR 8647 (revoked in part by PLO Ch. IX ______8684 9_____ 8432 3720)— ______8791 922______8525 201— —...... 8963 10530 (superseded in p a rt by 930______rt.______8850 16 CFR EO 11230)______8447 993______8850 401______8900 10559 (superseded by EO 1008______8855 P roposed R ules: 11230)______8447 .1009______8855 303------;__ _ 8491 10759 (superseded by EO 1048______8856 11230)— ______8447 1135______8525 17 CFR 10766 (superseded by EO 1137______8525 P roposed R ules: 11230)______8447 230______8638 10790 (superseded by EO 9 CFR 249------8639, 8642 51—------8825 11230)______8447 19 CFR 10836 (superseded by EO 74 - 8566 11230)______8447 78------8463 P roposed R ules: 10889 (superseded by EO 201—— ------8513 8— t ------8849 11230)______8447 316 ------8673-8675 20 CFR 10903 (superseded in p a rt by 317 ______8673 604______;______8901 EO 11230) 8447 318 ______8463, 8673, 8674 10960 (superseded by EO 340------8675 21 CFR 11230) 8447 P roposed R ules: 17-----‘------8784 10970 (superseded in part by 78__------8525 46------8626 EO 11230)______8447 201——------8542 121______8474,8572,8627,8784-8786 11012 (superseded in part by 12 CFR 146c___ 8787 EO 11230)______8447 563______8962 P roposed R ules: 11116 (superseded in part by 121—------4______8794 EO 11230)______570___ 8963 8447 P roposed R ules: 24 CFR 11164 (superseded by EO 545------8542-8544, 8698 1600_____ ,*______8677 11230).______8447 561___ 8698 11184 (superseded by EO 563------8543, 8699, 8972 25 CFR 11230)______8447 P roposed R ules: 11230 __ 8447 13 CFR 255______,__ 8969 11231 ______8665 107------8775, 8900 11232 _ 8745 121------8825 26 CFR 11233 ____ :::::::: 8953 P roposed R ules: 1------8573, 8628,8787,8902 Presidential Documents Other 107______8906 145______;___ 8903 Than Proclamations and Execu­ 175------8787 tive Orders: 14 CFR 301------8584 Reorganization Plan No. 2 of 21_.------8464, 8826701------8517 1965...... 8819 23----- 8467 25------8467 29 CFR 7 CFR 29------8777 516------8585 6. 8623 551------8585 33J1__ 39------8407, 8469, 8607, 8826, 8963 657------8964 51. 8775 61------8515 8459 71------8470, 1601— __ - __ 8407 ¡1— 1602------8409 ll___ 8460 8471, 8567, 8568, 8607, 8608, 8676, 8821, 8955, 8958, 8959 8749, 8779, 8826-8828. P roposed R ules: I2__ 8960 541------8754 \2_ 73_------8472, 8608 ¡8__ 8461 75 ------8471, 8608, 8828 32 CFR 8667 91— ------8472, 851690------8518 7__ 8669 93------8568 1811------s ------8410 8385 95------— ------8780 8509 97------8609, 888932A CFR 3_ OIA (Ch. X ): 8__ " 8461 121------8568 8747 159______8828 OI Reg. 1______8475 8747 163------8676 33 CFR 7___ 8960 241______8829 3------8749 3_ 8387-8390, 8748, 8961 288------8784 100------8518 8823 303------8473 207______8410, 8831 8986 FEDERAL REGISTER

36 CFR page 43 CFR—Continued page 43 CFR— Continued Fage 221______8619 P ublic Land Orders-—Continued Proposed R ules: 1537 (revoked in p a rt by PLO 2230______8413 38 CFR 3724) ______8791 3120______8484 2______86Q7 1709 (revoked in p a rt by PLO 3130---- 8484 8, ______8475 3737)______8835 3140______— ------8484 39 CFR 1867 (revoked In p a rt by PLO 3150______8484 3713)______I___ 8789 3160___ —__ 8484 6______8623 2460 (corrected by PLO 3729) _ 8833 3180______8484 13______8478, 8752, 8904 ' 2610. (revoked by PLO 3721) — 8791 3220______8484 16______8477 3320______8484 22______- 8588 2627 (revoked by PLO 3722) — 8791 24______8477 2958 (revoked by PLO 5732)— 8833 46 CFR 47 ______8620 3560- (revoked by PLO 3709)— 8788 171______8836 48 ______8620 3607 (corrected by PLO 3723) 8791 527______8836 56______— 8620 3611 (see PLO 3718)______8790 62______8620 3635* (corrected by PLO 3723) _ 8791 47 CFR 151______8620 3648 (corrected by PLO 3710)_ 8788 o______8677,8837 3662 (corrected)___ — ------8524 i______:___ 8837 41 CFR 3707 ______8411 2______8678,8838 I - 15______8482 3708 ______8753 21______8840 5B-7______- 8410 3709 ______8788 73______8680, 8681,8964 8-2______!______8752 3710 ______— 8788 74______8843 8- 7______8752 3711—______8788 87______8678,8838 9 - 10______8681 3712 __ 8788 91______8840 9-12______8831 3713 ______8789 97______8837 9-30______8682 3714 ______- 8789 Proposed Rules : 9-56______8482 3715 ____ 8789 2______8691 II- 2______8519 3716 _ 8790 21______— 8590,8691 11-7______8519 3717 ______- 8790 31______8692 101-18______8520 3718 ______8790 73 ______8491, 8692 101-35______8523 3719 ______8790 74 ______8590 3720 ______- 8791 83______8696,8697 42 CFR 3721 _ 8791 87______8691 P roposed R ules: 3722______8791 91______8590 401______8797 3723 ______8791 3724 ______8791 48 CFR 4 3 CFR 3725-___ 8792 411______8792 3726 ______8832 2030______8904 49 CFR 3610______— 8481 3727 __ 8832 ______8968 9230______>. 8411 3728—______8832 8”Z Ü _____ 8847 P ublic Land orders: 3729 ______8833 ______8588 26 (revoked bjrPLO 3737)----- 8835 3730 ______8833 71-79___ 549* (revoked in part by FLO 3731 ______— 8833 95— ___ 8523,8793,8968 3724)'______8791 3732 ______8833 50 CFR 559 (revoked in part by FLO 3733 ____ 8833 32 ______8411, 3720)______8791 3734 ______8833 8482, 8483, 8628, 8682, 8683, 8848 1915 (modified bjr PLO 3734) _ 8833 3735 ______—____ 8834 33 _____' ______8412,8683 1364 (revoked by PLO 3722) __ 8791 3736 ______8834 255______8412 1394 (revoked in p a rt by PLO 3737 ______- ______- 8835 3711)______‘______8788 3738 _____ 8835 P roposed R ules : 1524 (revoked in p a rt by PLO 3739 ___ 8836 32 __ 8630,8849 3711)______'si______8788 3740 _ - 8836 g f r __ . . . •____ 1_____ 8630,8849

Latest Edition in tbe sériés of . • . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES J o h n F . Kenne1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and’Other mate­ John F, Kcfinody rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to^ the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs ioo J Pages Price: $9.00 and the events of history, historians, librarians, and Government officials.

VOLUMES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to die Congress 1945------______$5.50 1947______$5.25 1946____ $6.00 1948...... __ $9.75 • Public speeches 1949------_____ $6.75 • The President’s news conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 1953----- ______$6.75 1957______$6.75 American people 1954----- ______$7.25 1958______$8.25 1955______$6.75 1959------___ $7.00 • Remarks to informal groups 1956----- ______$7.25 1960-61______$7.75 • Public letters JOHN F. KENNEDY: 1961______$9.00 1962______$9.00 _____ $9.00 1963------Order from the: Superintendent of Documents Volumes are published annually, soon after die close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C 20402