Quick viewing(Text Mode)

REGISTER V O LU M E 33 • NUMBER 71 Thursday, April 11, 1968 ..• Washington, D.C

REGISTER V O LU M E 33 • NUMBER 71 Thursday, April 11, 1968 ..• Washington, D.C

FEDERAL REGISTER V O LU M E 33 • NUMBER 71 Thursday, April 11, 1968 ..• Washington, D.C. Pages 5607-5653

Agencies in this issue— The President Agricultural Research Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Highway Administration Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Interstate Commerce Commission Land Management Bureau National Park Service National Transportation Safety Board Patent Office Post Office Department Securities and Exchange Commission State Department Detailed list o f Contents appears inside. Jüst Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1968)

Title 7—Agriculture (Parts 1060-1089) (Revised)____ $1. 00 Title 22— Foreign Relations (Revised)______1.25 Title 24—Housing and Housing Credit (Revised)______1.25

[A. cumulative chechlist of CFR issuances for 1968 appears in the first issue of the Federal Register each month under Title 1 ]

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDEML®REGISTERArchives and Records Service, General Services Administration (mail address National Area Code 202 »34 Phone 962-8626 <4VITEO’ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1936 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal Register -will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op Federal Regulations. Contents

CUSTOMS BUREAU FOOD AND DRUG THE PRESIDENT Rules and Regulations ADMINISTRATION reorganization p la n Articles conditionally free, sub­ Rul es and Regulations Reorganization Plan No. 1 of 1968; ject to tax rate, etc'.; articles Canned fruits and fruit ; narcotics; drug abuse control— 5611 exported and returned------5615 j uice cocktail------5617 Notices Dimethyl 2,3,5,6-tetrachloroter- EXECUTIVE AGENCIES ephthalate; tolerances------5618 Evidence; ex-factory sales------5633 Food additives: Nordihydroguaiaretic ------5619 agricultural r e sea r c h FEDERAL AVIATION Sulfomyxin------5618 SERVICE ADMINISTRATION Statements of general policy or Rules and Regulations interpretation: Rules and Regulations used in food-pro­ Cysticercosis; notice of quaran- Airworthiness directives: ducing animals------5616 tine------— 5613 Boeing Model 727 Series air- Thyroid-containing drug prep­ Proposed Rule Making planes______5614 arations intended for treat­ Hawaiian and territorial quaran­ Certain McDonnell Douglas ment of obesity in humans— 5616 tine notices------5625 DC-3 Series and C-47 Series Use of secondhand poultry crates as fresh vegetable con­ airplanes ______5613 tainers ______AGRICULTURE DEPARTMENT McCauley propellers------5615 Proposed Rule Making See Agricultural Research Service; Piper PA-28 and PA-32 Series Consumer and Marketing Serv- » airplanes------5614 Antibiotics; use in animals------5617 Nonalcoholic beverages; proposal ice. Alterations: to remove nordihydroguaiaretic ATOMIC ENERGY COMMISSION Control zone______— —-- 5615 acid from list of optional ingre­ Control zone and transition dients permitted in soda water.. 5627 Notices area ______5615 Notices Northern States Power Co. ; notice Proposed Rule Making Hearings, etc.: of hearing on application for Amdal Co------5635 provisional construction per­ Airworthiness directives; Rolls Royce Spey Models 506-14,511-8 American Cyanamid Co------5635 mits ______5636 C h em a gro Corp. (2 documents) _ 5635 and 511-14 airplane engines— 5630 Elanco Products Co------5635 CIVIL AERONAUTICS BOARD Transition area; proposed altera­ Geigy Chemical Corp------5635 Notices tion (2 documents)------5631 Miller, Harry, Corp------5635 Hearings, etc.: FEDERAL HIGHWAY Deutsche Lufthansa. Aktienge­ HEALTH, EDUCATION, AND sellschaft ______5637 ADMINISTRATION WELFARE DEPARTMENT International Air Transport As­ Rules and Regulations See Food and Drug Administra­ sociation ______5637 Annual safety accident report by tion. private motor carriers of haz­ CIVIL SERVICE COMMISSION ardous materials------5620 INTERIOR DEPARTMENT Rules and Regulations See Fish and Wildlife Service; Excepted service: FEDERAL MARITIME Land Management Bureau; Na­ tional Park Service. Commission on Civil Rights___ 5622 COMMISSION Defense Department______5622 Notices INTERSTATE COMMERCE Housing and Home Finance Farrell Lines, Inc., and Nigerian COMMISSION Agency______5622 National Steamship Line; agree­ Notices ment filed for approval------5638 Notices Statistician (demography); man­ Motor carrier: power shortage; notice of list­ FEDERAL POWER COMMISSION Broker, water carrier and freight ing ______5638 Notices— forwarder applications------5639 Transfer proceedings------5651 Hearings, etc.: COMMERCE DEPARTMENT Austral Oil Co., and Union LAND MANAGEMENT BUREAU See Patent Office. Texas Petroleum______5638 Humble Gas Transmission Co— 5638 Notices CONSUMER AND MARKETING Chief, Division of Administra­ SERVICE FISH AND WILDLIFE SERVICE tion, State Office et al.; delega­ Rules and’ Regulations tion of authority------5633 Rules and Regulations Montana; proposed classification Irish potatoes grown in certain Sport fishing: of public lands for multiple use designated counties in Idaho Idaho ------5621 management; correction------5633 find Malheur County, Oreg.; North Dakota------* 5621 Opening of public lands: shipment limitations______5623 Notices Arizona ______5633 California______5633 Valencia oranges grown in Arizona Certain officials and employees of Oregon ______^------5634 Bureau of Commercial Fish­ and designated part of Cali­ (Continued on next page) fornia; handling limitations 5622 eries; delegation of authority— 5634 5609 5610 CONTENTS

NATIONAL PARK SERVICE POST OFFICE DEPARTMENT SECURITIES AND EXCHANGE Notices Rules and Regulations COMMISSION Concession permits, issuance and International mail; miscellaneous Notices extension: amendments______5621 Michigan Gas and Electric Co., Cape Cod National Seashore__ 5634 Proposed Rule Making and American Electric Power Grand Teton National Park__ 5634 Service in post offices; box rentals; Co., Inc.; filing of post-effective extension of time for filing com­ amendment regarding issue and NATIONAL TRANSPORTATION ments ______5625 sale of notes,______5639 SAFETY BOARD STATE DEPARTMENT Notices Rules and Regulations Nonimmigrant documentary waiv­ Investigation of accident involv­ ers; correction------5619 ing bridge collapse U.S. High­ way 35, Point Pleasant, W. Va.; TRANSPORTATION DEPARTMENT notice of hearing______5636 See Federal Aviation Administra­ tion; Federal Highway Adminis­ PATENT OFFICE tration; National Transporta­ tion Safety Board. Rules and Regulations New defensive publication pro­ TREASURY DEPARTMENT gram; additional form------5623 See Customs Bureau.

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 14 CFR 22 CFR 5619 Presidential Documents Other 39 (4 documents)______5613-5615 71 (2 documents)______5615 Than Proclamation and Exec­ 37 CFR utive Orders: P roposed R u l e s : _____ 5623 Reorganization Plan No. 1 of 39______5630 ___ 5623 1968 ______5611 71 (2 documents)______5631 39 CFR 5 CFR 19 CFR Subchapter C------_ 5621 213 (3 documents)------5622 10____ 5615 P roposed R u l e s: 5625 7 CFR 21 CFR 151______908______5622 3 (3 documents)______5616, 5617 49 CFR 945______,______5623 27______5617 177 ______5620 P roposed R u l e s : 120 ______v______5618 294 5620 318______5625 121 (2 documents)______— 5618, 5619 9Q7 5620 P roposed R u l e s : 9 CFR 31______5627 50 CFR . 5621 85______5613 121______5627 33 (2 documents) — ------146a______- ______— 5627 146b______5627 146c______5627 146d______^______5627 146e______5627 Presidential Documents

Title 3— THE PRESIDENT Reorganization Plan No. 1 of 1968 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 7,1968, pursuant to the provisions of chapter 9 of title 5 of the United States 0 ocl/& ^ NARCOTICS; DRUG ABUSE CONTROL

S e c t i o n 1. Transfer of functions from Treasury Department. There are hereby transferred to the Attorney General: (a) Those functions of the Secretary of the Treasury which are administered through or with respect to the Bureau of Narcotics. (b) All functions of the Bureau of Narcotics, of the Commissioner of Narcotics, and of all other officers, employees and agencies of the Bureau of Narcotics. (c) So much of other functions or parts of functions of the Sec­ retary of the Treasury and the Department of the Treasury as is incidental to or necessary for the performance of the functions trans­ ferred by paragraphs (a) and (b) of this section. S ec. 2. Transfer of functions from the Department of Health, Edu­ cation, and Welfare. There are hereby transferred to the Attorney General: (a) The functions of the Secretary of Health, Education, and W el­ fare under the Drug Abuse Control Amendments of 1965 (Public Law 89-74 ; 79 Stat. 226), except the function of regulating the counter­ feiting of those drugs which are not controlled “depressant or stim­ ulant” drugs. (b) So much of other functions or parts of functions of the Sec­ retary of Health, Education, and Welfare, and of the Department of Health, Education, and W elfare, as is incidental to or necessary for the performance of the functions transferred by paragraph (a) of this section. S ec. 3. Bureau of Narcotics and Dangerous Drugs, (a) There is established in the Department of Justice an agency which shall be known as the Bureau of Narcotics and Dangerous Drugs. The Bureau shall be headed by a Director who shall be appointed by the Attorney General to a position in the competitive service. The Director shail perform such duties as the Attorney General shall prescribe, and shall receive compensation at the rate now or hereafter provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (b) There are hereby established in the Department of Justice, in addition to the positions transferred to that Department by this Plan, four new positions, appointment to which shall be made by the Attor­ ney General in the competitive service. Two of those positions shall have compensation at the rate now or hereafter provided for G S -18 positions of the General Schedule and the other two shall have com­ pensation at the rate now or hereafter provided for G S -16 positions of the General Schedule (5 U .S.C. 5332). Each such position shall have such title and duties as the Attorney General shall prescribe.

1 Effective April 8,1968, under the provisions of and pursuant to 5 U.S.C. 906.

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5612 THE PRESIDENT

S ec. 4. Abolition. The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Narcotics (21 U .S.C . 161), is hereby abolished. The Secretary of the Treasury shall make such provision as he may deem necessary with respect to termi­ nating those affairs of the Bureau of Narcotics not otherwise provided for in this reorganization plan. S ec. 5. Performance of transferred functions. The Attorney Gen­ eral may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice. Sec. 6. Incidental transfers, (a) There are hereby transferred to the Department of Justice all of the positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, (1) of the Bureau of Nar­ cotics, and (2) of the Bureau of Drug Abuse Control of the Depart­ ment of Health, Education, and Welfare. (b) There shall be transferred to the Department of Justice, at such time or times as the Director of the Bureau of the Budget shall direct, so much as the Director shall determine of other positions, personnel, property, records and unexpended balances of appropriations, allo­ cations, and other funds of the Department of the Treasury and of the Department of Health, Education, and Welfare employed, used, held, available or to be made available in connection with functions trans­ ferred by the provisions of this reorganization plan. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided in this section shall be carried out in such man­ ner as he may direct and by such agencies as he shall designate.

[F.R. Doc. 68-4400; Filed, Apr. 10, 1968; 10:35 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5613

Rules and Regulations

(i) Quarantined premises. That por­ publication hereof in the F ederal Title 9— ANIMALS AND tion of a State, county, or area quar­ R egister. antined under this part because of Done at Washington, D.C., this 5th day ANIMAL PRODUCTS cysticercosis. of April 1968. § 85.2 Notice relating to existence o f Chapter I—Agricultural Research G eorge W . I rving, J r ., disease and quarantine. Administrator, Service, Department of Agriculture Notice is hereby given that the con­ Agricultural Research Service. SUBCHAPTER C— INTERSTATE TRANSPORTATION tagious, infectious, and communicable [F.R. Doc. 68-4302; Filed, Apr. 10, 1968; OF ANIMALS AND POULTRY disease of livestock known as cysticer­ 8:46 a.m.] cosis exists in cattle on the premises spec­ PART 85— CYSTICERCOSIS ified below. Accordingly, such premises Restrictions on Interstate Movement are hereby quarantined because of said of Cattle; Quarantine disease, and the interstate movement of Title 14— AERONAUTICS AND cattle from such premises is prohibited Pursuant to the provisions of sections except as provided in this part: SPACE 1 and 3 of the Act of March 3, 1905, as (a) Dean Cluck Peedlot, Gruver, Tex., amended (21 U.S.C. 123, 125-128), pro­ known and described as the north 200 Chapter I— Federal Aviation Adminis­ visions to appear as a new Part 85, desig­ acres of the west half of sec. 12 of tration, Department of Transporta­ nated “Cysticercosis” in Title 9, Code of Block 3B, GHNH, in Sherman County, Federal Regulations, are hereby issued Tex. tion to read as follows: (b) Hereford Cattle Feeders, Inc., [Airworthiness Docket No. 68-W E -3-A D , Arndt. 39-577] Sec. Hereford, Tex., known and described as 85.1 Definitions. a premises of 524.04 acres out of the PART 39— AIRWORTHINESS 85.2 Notice relating to existence of disease north part of sec. 27, Block K-4, Certifi­ and quarantine. cate No. 264, in Deaf Smith County, Tex. DIRECTIVES 85.3 Movement from quarantined premises. § 85.3 M o v e m e n t from quarantined Certain McDonnell Douglas DC—3 Authority: The provisions of this Part 85 premises. Series and C—47 Series Airplanes issued under secs. 1 and 3, 33 Stat. 1264 and 1265, as amended; 21 Ufi.C. 123, 125-128; 29 Cattle may be moved interstate from A notice of proposed rule making to F.R. 16210, as amended, 30 F.R. 5799, as quarantine premises for immediate amend Part 39 of the Federal Aviation amended. slaughter direct to a slaughtering estab­ Regulations to include an Airworthiness § 85.1 Definitions. lishment operating under the provisions Directive (AD) applicable to the above of the Federal Meat Inspection Act (34 aircraft was published in 31 FJt. 16368. As used in this part, the following Stat. 1260, as amended by Public Law The notice contained a proposal to terms shall have the meanings set forth 90-201), or to a public stockyard for sale supersede AD 47-2-10 (21 F.R. 9456) and in this section except as otherwise clearly to such a slaughtering establishment: require: indicated. Provided, That such cattle are accom­ 1. Visual inspection of the 0.020-inch (a) Department. The U.S. Depart­ panied by a certificate issued by a Divi­ thick Elevator Ribs P/N 5115210-5 and ment of Agriculture. sion Inspector of a State Inspector stat­ -9 for cracks at intervals not to exceed (b) Division. The Animal Health Di­ ing the destination of the animals; the 250 hours time in service; vision, Agricultural Research Service, purpose for which they are to be moved; 2. Reinforcement of cracked elevator U.S. Departm ent o f Agriculture. the number of animals covered by the ribs by the addition of a 0.040-inch thick (c) Director of Division. The Director certificate; the point from which the doubler or replacement of cracked ele­ of the Animal Health Division, or any animals are moved interstate; the name vator ribs with 0.040-inch thick elevator other official of the Division to whom and address of the owner or shipper; and ribs; and authority has heretofore been delegated such cattle are moved interstate in com­ 3. Visual inspection of reinforced or may hereafter be delegated to act in pliance with all other applicable pro­ his stead. elevator ribs and replacement elevator visions of this Subchapter Ç. ribs at intervals not to exceed 2,500 hours (d) Division Inspector. An inspector Effective date. The foregoing regula­ time in service. of the Animal Health Division respon­ tion shall become effective upon issuance. Interested persons were afforded an sible for the performance of the func­ The foregoing provisions are intended opportunity to participate in the making tions involved. to prevent the interstate spread of cysti­ of this amendment, and several com­ (e) State Inspector. An inspector reg­ cercosis, a contagious, infectious, and ments were received. ularly employed in livestock sanitary communicable disease of cattle by quar­ One comment questioned the need to work of a State or a political subdivision antining premises known to be affected supersede AD 47-2-10. This question was thereof, and who is authorized by such with such disease, and by prohibiting adequately answered in Paragraph 1 of otate or political subdivision to perform the interstate movement of cattle from the function involved. the preamble to the notice which initi­ such premises except to a federally in­ ated this rule-making action, and further (f) State. Any State, Territory, or the spected slaughtering establishment for District of Columbia. comment in this regard is unnecessary. immediate slaughter or to a public stock- One comment expressed concern over (g) Interstate. Prom one State into or yard for sale to such establishment. In the applicability of the AD and thought through any other State. order to accomplish its purposes, the that the elevator tabs which are con­ (h) Public stockyard. A stockyard regulation should be made effective as nected to the beam in the front of the designated in § 78.14(a) where trading soon as possible. Therefore, under the trim tab cut-out, and which have no in livestock is carried on, where yarding, administrative procedure provisions in 5 service history of cracking would also feeding, and watering facilities are pro­ U.S.C., section 553, it is found upon good be affected by the proposed AD. To vided by the stockyard, transportation, cause that notice and other public pro­ eliminate confusion in this area, the applicability statement in the AD has or similar company, and where Federal cedure regarding the regulation are im­ been changed to indicate that only air­ inspection is maintained for the inspec- practicable and contrary to the public planes having a particular type of of livestock for communicable interest, and good cause is found for elevator installation (identified by P/Ns) diseases. making.it effective less than 30 days after are affected by the AD. Other types of

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL i f , 1968 5614 RULES AND REGULATIONS installations are excluded from the re­ This supersedes AD 47-2-10 (21 F.R. 9456). in other Boeing Model 727 Series airplanes, quirements of this AD. This amendment becomes effective on May accomplish the foUowing: 9, 1968. 1. Within the next 75 hours time in service In addition, the notice has been clari­ after the effective date of this AD, unless (Secs. 313(a), 601, 603, Federal Aviation Act fied herein to indicate that once an 0.040- already accomplished, and at intervals there­ inch thick elevator rib has been installed, of 1958, as amended; 49 U.S.C. 1354(a), 1421, after not to exceed 150 hours time in service, repetitive inspection of this rib is no 1423) inspect aU chrome plated main landing gear longer required by the terms of the AD. Issued in Los Angeles, Calif., on March outer cylinder aft trunnion extensions In consideration of the foregoing, as 29, 1968. which have been overhauled in a manner other than specifically described by section well as for the reasons set forth in the L ee E. W arren, 32/12/1 of the Boeing Model 727 Overhaul notice published in 31 F.R. 16368, and Acting Director, Manual for cracks in the areas and in the pursuant to the authority delegated to FAA Western Region. manner described in Boeing Alert Service me by the Administrator (14 CFR [F.R. Doc. 68-4307; Filed, Apr. 10, 1968; Bulletin 32/153 dated March 29, 1968. § 11.89), § 34.13 of Part 39 of the Federal 8:47 am .] 2. If cracks are found, prior to further Aviation Regulations is amended by add­ flight replace the main landing gear outer ing the following new airworthiness cylinder with an unoverhauled cylinder or a directive: [Airworthiness Directive No. 68-W E-6—AD, cylinder which has been overhauled in the Arndt. 39-580] manner specifically described by section McDonnell Douglas. Applies to all DC—3 32/12/1 of the Model 727 Overhaul Manual. Series and C-47 Series Airplanes having PART 39— AIRWORTHINESS 3. The results of each initial inspection an Elevator P /N 5115210 Incorporating DIRECTIVES by a U.S. air carrier must be reported within Elevator Bigs P /N 511520—5 or —9 and 3 days to the assigned FAA Inspector. Trim Tab Hinge P /N 1141847 ( hereinafter Boeing Model 727 Series Airplanes referred to as the Elevator Installation). This amendment becomes effective on There have been several reports of cracking Pursuant to the authority delegated to April 12, 1968, for all persons except of the elevator ribs at the inboard and out­ me by the Administrator (14 CFR 11.81), those to whom it was made effective board ends of the trim tab cut-outs referred an airworthiness directive (AD) was immediately by telegram dated March 30, to above. To preclude failure of the elevator 1968. installation due to cracking of the elevator adopted on March 30, 1968, and made ribs, accomplish the following: effective by telegram immediately as to (Secs. 313(a), 601, 603, Federal Aviation Act (a) For airplanes having the Elevator all known U.S. operators of Boeing of 1958; 49 U.S.C. 1354(a), 1421, 1423) Installation wherein the elevator rib Model 727 Series airplanes on which the referred to above has not been reinforced aft trunnion extension of either main Issued in Los Angeles, Calif., on by the addition of a 0.040-inch thick doubler, landing gear outer cylinder has been April 2,1968. visually inspect each elevator rib for cracks chrome plated during overhaul. The AD L ee E . W arren, within 250 hours time in service after the requires inspection of the aft trunnion Acting Regional Director, effective date of this AD, and thereafter at FAA Western Region. intervals not to exceed 250 hours time in extension for cracks and replacement, if [F.R. Doc. 68-4281; Filed, Apr. 10, 1968; service. necessary. (b) For airplanes having the Elevator In­ Telegraphic issuance of this directive 8:45 a.m.] stallation wherein the elevator rib referred to was necessitated by a report of a failure above has been reinforced by the addition of an aft trunnion extension which was [Docket No. 67-SO-75, Arndt. 39-582] of a 0.040-inch thick doubler, visually inspect overhauled other than in accordance each elevator rib for cracks within 2,500 with the techniques described by the PART 39— AIRWORTHINESS hours time in service after the effective date of this AD, and thereafter at intervals not Boeing Model 727 Overhaul Manual. It DIRECTIVES to exceed 2,500 hours time in service. was determined that the same condition (c) If cracks are found in the affected might occur in other Boeing Model 727 Piper PA-28 and PA-32 Series elevator ribs, before further flight (except Series airplanes. Airplanes that the airplane may be flown in accord­ Since it was found that immediate Amendment 39-484, 32 F.R. 13321, Air­ ance with FAR 21.197 to a base where the corrective action was required, notice alteration or maintenance can be accom­ worthiness Directive 67-26-3, requires and public procedure thereon were im­ the fuel tank interiors to be inspected plished) , practicable and contrary to the public (1) For elevator ribs that are part of the for separated or loosely attached slosh­ Elevator Installation described in paragraph interest and good cause existed for ing compound and repair is necessary on (a) of this AD— making the airworthiness directive ef­ PA-28 and PA-32 series airplanes. After (1) Reinforce by the addition of a 0.040- fective immediately as to all known U.S. issuing Amendment 39-484, the Agency inch thick doubler and rebalance the affected Operators of Boeing Model 727 Series determined that an alternate sloshing elevator rib in accordance with McDonnell airplanes. This condition still exists and compound material will also accomplish Douglas Service Bulletin No. 244, section I the airworthiness directive is hereby dated September 23, 1946, or later FAA ap­ a satisfactory repair on defective tanks. published in the F ederal R egister as an proved revision. Thereafter inspect in accord­ Therefore, the airworthiness directive ance with paragraph (b) of this AD; amendment to § 39.13 of Part 39 of the is being amended to provide an addi­ (ii) Replace the affected elevator rib with Federal Aviation Regulations to make it tional means of meeting requirements. an elevator rib made of 0.040-inch thick ma­ effective as to all persons. Since this amendment provides an terial; or In consideration of the foregoing, and alternate means of obtaining compliance (ill) Modify the affected elevator rib and pursuant to the authority delegated to and imposes no additional burden on any reinspect in accordance with a method ap­ me by the Administrator (14 CFR 11781), proved by the Chief, Aircraft Engineering person, notice and public procedure Division, FAA Western Region. § 39.13 of Part 39 of the Federal Aviation hereon are unnecessary and the amend­ (2) For elevator ribs that are part of the Regulations is amended by adding the ment may be made effective in less than Elevator Installation described in paragraph following new airworthiness directive: 30 days. . , (b) of this AD, Boeing: Applies to Model 727 Series airplanes In consideration of the foregoing, ana (i) Replace the affected elevator rib with on which the aft trunnion extension has pursuant to the authority delegated to an elevator rib made of 0.040-inch thick been chrome plated during overhaul. me by the Administrator (31 F.R. 13697), material; or Compliance required as indicated. § 39.13 of Part 39 of the Federal Aviation (ii) Modify the affected elevator rib and An investigation of a recent failure of the Regulations, Amendment 39-484, 32 F.R. reinspect in accordance with a method ap­ aft trunnion extension of a Boeing Model 727 13321, AD 67-26-3 is amended as follows: proved by the Chief, Aircraft Engineering main landing gear outer cylinder (P/N Revise the first sentence in paragraph Division, FAA Western Region. 65-17651) indicates that the failure probably (e) as follows: “ If loose or separated ma­ Note: Repetitive inspections of elevator resulted from the use of an overhaul pro­ terial was found at any time, prior to ribs made of 0.040-inch thick material are not cedure which was not strictly in accordance required by this AD but should nonetheless with the sequence and techniques described but not later than the next 100 horn's be performed in accordance with good main­ by the Boeing Model 727 Overhaul Manual. time in service after effective date of tms tenance practice. Since this unsafe condition is likely to exist airworthiness directive remove the tank

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 RULES AND REGULATIONS 5615 from the airplane and reseal in accord­ brass washers (McCauley P /N A -1 63 8 -9). In­ recently updated geographical coordi­ stall cap screws and washers with 50-55 nates of the various airport reference ance with Piper Service Bulletin No. 25 IB pound-inches of torque, using a torque dated M arch 13, 1968, and with instruc­ points. wrench. Lockwire the screws together in pairs Since these changes are minor in na­ tions contained in Piper Kit No. 921- after the torque application. 388V, or Piper Kit No. 757—572V, or an 4. If applicable, reinstall the spinner shell. ture and impose no additional burden on equivalent method approved by Chief, any person, notice and public procedure Engineering and Manufacturing Branch, This amendment effective April 11, hereon are unnecessary and good cause Federal Aviation Administration, South­ 1968. exists for making these amendments ern Region. Following * * *” (Secs. 313(a), 601, 603, Federal Aviation Act effective in less than 30 days. This amendment becomes effective of 1958, 49 U.S.C. 1354(a), 1421, 1423) In § 71.171 (33 F.R. 2079) the Ephrata, April 12,1968. Wash., control zone is amended by Issued in Jamaica, N.Y., on April 2, deleting “ * * * (latitude 47°18'20" N., (Secs 313(a), 601, 603, Federal Aviation Act 1968. longitude 119°30'40" W.) * * *” and of 1958; 49 U.S.C. 1354(a), 1421, 1423) W a y n e H endershot, substituting “ * * * (latitude 47°18'27" Issued in East Point, Ga., on April 3, Acting Director, Eastern Region. N„ longitude 119°30'38" W.) * * *” 1968. [F.R. Doc. 68-4285; Filed, Apr. 10, 1968; therefor. James G. R ogers, 8:46 a.m.] In §71.171 (33 F.R. 2113) the Pasco, Director, Southern Region. Wash., control zone is amended by [Fit. Doc. 68-4382; Filed, Apr. 10, 1968; [Airspace Docket No. 68-W E-26] deleting “ * * * (latitude 46°15'50" N., 8:46 a.m.] longitude 119°06'55" W.) * * *” and PART 71— DESIGNATION OF FEDERAL substituting “ * * * (latitude 46°15'50" AIRWAYS, CONTROLLED AIRSPACE, N., longitude 119°06'53" W.) * * *” [Docket No. 68-EA-38, Arndt. 39-581] AND REPORTING POINTS therefor. PART 39— AIRWORTHINESS In § 71.171 (33 F.R. 2114) the Pendle­ DIRECTIVES Alteration of Control Zone ton, Oreg., control zone is amended by The purpose of this amendment to deleting “ * * * (latitude 45°41'50" N., McCauley Propellers Part 71 of the Federal Aviation Regula­ longitude 118°50'20" W.) * * *” and The Federal Aviation Administration tions is to alter the description of the substituting “ * * * (latitude 45°41'42" is amending §J59.13 of Part 39 of the Whidbey Island, Wash." control zone. N., longitude 118°50'25" W.) * * *” Federal Aviation. Regulations so as to As a result of two revised instrument therefor. publish an airworthiness directive re­ approach procedures for Ault Field it is In § 71.171 (33 F.R. 2130) the Tucson, quiring an alteration of the McCauley necessary that the control zone be modi­ Ariz. (Tucson International Airport), Constant Speed Propeller. " fied. The revised procedures will amend control zone is amended by deleting There have been instances of in flight the present north control extension 1° “ * * * (latitude 32°07'05" N., longitude failure of the McCauley Constant Speed by substituting the Whidbey Island 110°56'35" W.) * * *” and substituting Propellers causing engine power loss TACAN 351° T (329° M) radial in lieu of “ * * * (latitude 32°07'05" N., longitude necessitating forced landings. Since this the 350° T (328° M) radial. 110°56'32" W.) * * *” therefor. condition is likely to exist or develop in Since this amendment is minor in na­ In § 71.181 (33 F.R. 2264) the 700-foot other propellers of the same type design ture and imposes no additional burden portion of the Tucson, Ariz., transition an airworthiness directive is being issued on any person, notice and public pro­ area is amended by deleting “ * * * (lat­ to require replacement of the propeller cedure hereon are unnecessary. itude 32°07'05" N., longitude 110°56'35" cylinder attach screws and washers on In consideration of the foregoing, W.) * * *” and substituting “ * * * propeller Models 2A34C50, D2A34C58, Part 71 of the Federal Aviation Regula­ (latitude 32°07'05" N., longitude 110°56'- 2A36C23, 3A32C76, D3A32C77, and tions is amended as hereinafter set forth. 32" W.) * * *” therefor. D3A32C79. In § 71.171 (33 F.R. 2133) the Whid­ Effective date. These amendments are Since a situation exists that requires bey Island, Wash., control zone is effective upon publication in the F ederal immediate adoption of the regulations, it amended by deleting “ * * * 350° ra­ R e g is t e r . is found that notice and public procedure dial * * *” and substituting “ * * * Issued in Los Angeles, Calif., on April hereon are impracticable and good cause 351° radial * * *” therefor. 3, 1968. exists for making this amendment effec­ L ee E. W arren, tive in less than 30 days. Effective date. This amendment shall Acting Director, Western Region. be effective 0001 e.s.t., June 20, 1968. In consideration of the foregoing, and [F.R. Doc. 68-4284; Filed, Apr. 10, 1968; Pursuant to the authority delegated to Issued in Los Angeles, Calif., on April 3, 8:46 a.m.] me by the Administrator, 14 CFR 11.89, 1968. 31 F.R. 13697, § 39.13 of Part 39 of the L ee E. W arren, Federal Aviation Regulations is amend­ Acting Director, Western Region. ed by adding the following new air­ Title 19— CUSTOMS DUTIES worthiness directive: [F.R. Doc. 68-4283; Filed, Apr. 10, 1968; 8:46 a.m.] Chapter I— Bureau of Customs, McCauley: Applies to Constant Speed Pro­ peller Models 2A34C50, D2A34C58, Department of the Treasury 2A36C23, 3A32C76, D3A32C77, and [Airspace Docket No. 68—'WE—32] [T.D. 68-104] D3A32C79, having hub serial Nos. 652209 through 654422 and 661132 PART 71— DESIGNATION OF FEDERAL PART 10— ARTICLES CONDITIONALLY through 664617. AIRWAYS, CONTROLLED AIRSPACE, FREE, SUBJECT TO A REDUCED Compliance required within the next 25 hours’ time in service after the effective date AND REPORTING POINTS RATE, ETC. of this Airworthiness Directive unless al­ Drawback; Internal-Revenue Tax ready accomplished. Alteration of Control Zones and To prevent failure of the propeller cylinder Transition Area Schedule 8, Part 1, Subpart A, Head- attach screws, accomplish the following: The purpose of these amendments to note 2, Tariff Schedules of the United 1. If installed, remove spinner shell. States (TSUS), has been amended to 2. Remove and discard the (8) eight fil- Part 71 of the Federal Aviation Regula­ Uster-slotted head type screws (McCauley tions is to alter the descriptions of the provide that tobacco products and ciga­ P/N’s A-1635-13, —32, or -43) and brass Ephrata Municipal Airport, Wash.; rette papers and tubes classifiable under washers (McCauley P /N A-1638-9) which at­ item 804.00, TSUS, may be released from tach the propeller cylinder to the front of the Pasco Tri-Cities Airport, Wash.; Pendle­ propeller hub. Removal of the cylinder from ton Municipal Airport, Oreg.; Tucson customs custody, without payment of the hub is not necessary. International Airport, Ariz., control that part of the duty attributable to the 3. Reattach the cylinder to the propeller internal-revenue tax, for return to hub with (8) eight new socket head type cap zones; and Tucson Ariz., transition area. screws (McCauley P /N A-1635-65) and new These actions are necessary to reflect internal-revenue bond as provided by

FEDERAL REGISTER; VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 No. 71------2 5616 RULES AND REGULATIONS

section 5704(d) of the Internal Revenue ment of sensitivity to antibiotics in Code of 1954. Title 21— FOOD AND DRUGS humans, unauthorized and unsafe resi­ In order to conform the Customs dues of antibiotics cannot be permitted Regulations to that amendment, § 10.3 is Chapter I—-Food and Drug Adminis­ in food obtained from treated n.nimgiB amended as follows: tration, Department of Health, Ed­ (d) Based on evaluation of informa­ 1. The first sentence of paragraph (a) ucation, and Welfare tion available, including the conclusions is amended by substituting “paragraphs’* SUBCHAPTER A— GENERAL of the aforementioned ad hoc Committee, for “paragraph”, by inserting “and (f) ” the Commissioner concludes that anti­ after “ (c) ”, and by substituting “district p a r t 3— STATEMENTS OF GENERAL biotic preparations intended for use in director of customs” for “collector of POLICY OR INTERPRETATION food-producing animals, other than customs”. As amended, the said sentence topical and ophthalmic preparations, are will read: “Except as prescribed in Antibiotics Used in Food-Producing not generally recognized among qualified § 10.1(f) or in paragraphs (c) and (f) Animals experts as having been shown to be safe of this section, no free entry shall be for their intended use(s) within the allowed under Schedule 8, Part 1, Tariff Pursuant to the authority vested in the Secretary of Health, Education, and meaning of section 201 (s) of the*Federal Schedules of the United States, in the Food, Drug, and Cosmetic Act. final liquidation of an entry unless the Welfare by the Federal Food, Drug, and Cosmetic Act (secs. 409, 505, 507, 701 (a), (e) Therefore, all exemptions from district director of customs is satisfied the provisions of section 409 of the act by the certificate of exportation or other 52 Stat. 1052, as amended, 1055, 59 Stat. 463, as amended, 72 Stat. 1785 et seq., as for use of antibiotics in food-producing evidence or information that no draw­ animals based on sanctions or approvals back was allowed in connection with the amended; 21 U.S.C. 348, 355, 357, 371(a)) and delegated by him to the Commis­ granted prior to enactment of the Pood exportation from the United States, and sioner of Food and Drugs (21 CFR 2.120), Additives Amendment of 1958 (Public unless no internal-revenue tax is imposed § 3.25 is revised to read as follows: Law 85-929; 72 Stat. 1784) will be re­ on the importation of like articles not voked and the uses which are concluded previously exported from the United § 3.25 Antibiotics used in food-produc­ to be safe will be covered by food additive States or, if such tax is being imposed at ing animals. regulations. On those products for which the time of entry for consumption or (a) The Food and Drug Administra­ there are inadequate residue data, ac­ withdrawal from warehouse for con­ tion in the interest of fulfilling its re­ tions will be initiated to amend or revoke sumption, the district director of customs sponsibilities with regard to protection regulations under the provi­ is satisfied that an internal-revenue tax of the public health has requested an sions of section 507 of the act, or to with­ on producion or importation was paid in evaluation of the public health aspects draw approval of new-drug applications respect to the imported article before it of the use of antibiotics in veterinary under the provisions of section 505 of the was exported from the United States and medical and nonmedical uses. There is act. Antibiotic preparations, other than was not refunded.” particular concern with regard to the those fpr topical and ophthalmic appli­ 2. Paragraph (f) is added reading as potential hazards associated with the cation in food-producing animals, which follows: extensive use of antibiotics administered are not covered by food additive regula­ (f) Tobacco products and cigarette to food-producing animals. Accordingly, tions will be subject to regulatory action papers and tubes classifiable under item an ad hoc committee on the Veterinary within 180 days after publication of the 804.00, Tariff Schedules of the United Medical and Nonmedical Uses of Anti­ forthcoming revocation order. States, may be released from customs biotics was established by the Food and (f) Because of the variation in the custody without the payment of that part Drug Administration to study and advise period of time that antibiotic residues of the duty attributable to the internal- the Commissioner of Food and Drugs on may remain in edible products from revenue tax for return to internal- the uses of antibiotics in veterinary treated animals, all injectable, intra­ revenue bond as provided by section medicine and for various nonmedical mammary infusion, intrauterine, and 5704(d) of the Internal Revenue Code purposes as such uses may affect the oral preparations (except certifiable of 1954. enforcement of the Federal Food, Drug, antibiotics), including medicated pre­ mixes intended for use in food-producing 3. Footnote 2 appended to §10.3 (a) is and Cosmetic Act with respect to their amended by deleting “and” at the end of safety and effectiveness. animals, are deemed to be new drugs as (b) Based upon an evaluation of the well as food additives. An Antibiotic paragraph (a), by redesignating para­ Form 6 (see § 146.13 of this chapter) will graph (b) as paragraph (c ), and by in­ conclusions of said Committee and other relevant material, § 3.55 was published be required for all medicated premixes serting after paragraph (a) the following in the F ederal R egister of August 23, containing certifiable antibiotics. new paragraph (b ): 1966 (31 F.R. 11141), asking sponsors of (Secs. 409, 505, 507, 701(a), 52 Stat. 1052, (b) Tobacco products and cigarette drugs containing any antibiotic intended as amended, 1055, 59 Stat. 463, as amended, papers and tubes classifiable under such for use in food-producing animals to 72 Stat. 1786 et seq., as amended; 21 UÜ.C. 348, 355, 357, 371(a) ) item may be released from customs cus­ submit data to establish whether such antibiotic and its metabolites are present Dated: April 3, 1968. tody, without payment of that part of as residues in edible tissues, milk, and the duty attributable to the internal- eggs from treated animals. The data on Jam es L. G oddard, revenue tax, for return to internal- the residues of antibiotics in milk from Commissioner of Food and Drugs. revenue bond as provided by section intramammary infusion preparations [FJR. Doc. 68-4324; Filed, Apr. 10, 1968; 5704(d) of the Internal Revenue Code of were requested within 60 days and the 8:48 a.m.] 1954; and data on all other products were requested within 180 days following the date of PART 3— STATEMENTS OF GENERAL (80 Stat. 379, R.S. 251, 76 Stat. 72, sec. 624, publication of § 3.55 in the F ederal 46 Stat. 759; 5 U.S.C. 301, 19 U.S.C. 66, 1202 R egister. POLICY OR INTERPRETATION (Gen. Headnote 11), 1624) (c) An evaluation of the data now Thyroid-Containing Drug Prepara­ [ seal] L ester D . Jo h n so n , available shows that use of many anti­ tions Intended for Treatment of Commissioner of Customs. biotic preparations cause residues in edible products of treated animals for Obesity in Humans Approved: April 3, 1968. varying and, in some cases, for long Regulatory actions have recently been periods of time following the last ad­ taken under the Federal Food, Drug, and J oseph M . B o w m a n , Assistant Secretary ministration. Because of the accumula­ Cosmetic Act against dangerous drugs of -the Treasury. tion of new information with regard to such as thyroid-digitalis combinations the development of resistance of bacteria used in the treatment of obesity; [F.R. Doc. £8—4316; Filed, Apr. 10, 1968; to antibiotics, the ability of bacteria to however, the Commissioner of Food and 8:47a.m .] transfer this resistance, and the develop­ Drugs has received several requests for

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 RULES AND REGULATIONS 5617 clarification of the status of other other enteropathogenic micro-organisms mitted by Ocean Spray , Inc., thyroid-containing drugs that have been in fresh vegetables, which are frequently Hanson, Mass. 02341. Comments were re­ or are being offered for use in the treat­ consumed without cooking, the Commis­ ceived in response to the proposal and ment of obesity. sioner of Food and Drugs Calls attention some took exception to the lack of a pro­ Therefore, pursuant to the authority to the applicability of the Federal Food, vision for color to be added at the option vested in the Secretary of Health, Edu­ Drug, and Cosmetic Act to contamination of the manufacturer of the food whereas cation, and Welfare by the Federal Food, in fresh vegetables and other edible prod­ others approved such lack. Some re­ Drug, and Cosmetic Act (secs. 201 (p), ucts by issuing the following statement of quested that the standards permit arti­ 502, 701(a), 52 Stat. 1041-42, 1050, as policy. Accordingly, under the authority cles more diluted than provided for in amended, 1055; 21 U.S.C. 321 (p), 352, vested in the Secretary of Health, Educa­ the published proposal, which set a mini­ 371(a)) and delegated to the Commis­ tion, and Welfare by said act (secs. mum of 25 percent equivalent single sioner (21 CFR 2.120), the following new 402(a), 701(a), 52 Stat. 1046, as strength . Reasonable grounds were section is added to Part 3 : amended, 1055; 21 U.S.C. 342(a), 371(a)) not given, however, showing that added and delegated by him to the Commis­ color and greater dilutions are necessary § 3.63 Tlïyroid-containing drug prepa­ and would promote honesty and fair rations intended for treatment of sioner (21 CFR 2.120), the following new section is added to Part 3: dealing in the interest of consumers. obesity in humans. On the basis of the information sub­ (a) Investigation by the Food and § 3.61 Use o f secondhand poultry crates mitted in the petition, comments re­ Drug Administration has revealed that as fresh vegetable containers. ceived, and other relevant material, it is a large number of drug preparations (a) Investigations by the Pood and concluded that it will promote honesty containing thyroid or thyrogenic sub­ Drug Administration, the National Com­ and fair dealing in the interest of con­ stances in combination with central municable Disease Center of the U.S. sumers to establish definitions and nervous system stimulants, with or with­ Public Health Service, the Consumer and standards of identity for the cranberry out one or more additional drug sub­ Marketing Service of the U.S. Depart­ beverages as set forth below. Therefore, stances such as barbiturates or laxatives, ment of Agriculture, and by various State pursuant to the provisions of the Federal are being marketed for or as adjuncts to public health agencies have yevealed that Food, Drug, and Cosmetic Act (secs. 401, the treatment, control, or management Salmonella organisms are commonly 701, 52 Stat. 1046, 1055, as amended 70 of obesity in humans. The Commissioner present on dressed poultry and in excreta Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) of Food and Drugs finds that the admin­ and fluid exudates from dressed birds. and under the authority delegated to the istration of such combinations for said (b) It is widespread practice among Commissioner of Food and Drugs by the purposes is without medical rationale some vegetable growers and packers to Secretary of Health, Education, and except possibly in those relatively un­ employ used poultry crates for shipment Welfare (21 CFR 2.120) : It is ordered, common instances where the condition of fresh vegetables, including cabbage That Part 27 be amended by adding is directly related to hypothyroidism and and celery. thereto the following two new sections: there exists a concurrent need for appe­ (c) Thus wooden crates in which § 27.127 Cranberry juice cocktail— a tite control (in such instances the safety dressed poultry has been iced and juice drink; identity; label statement and effectiveness of such combinations packed are potential sources of Salmo­ of optional ingredients. are not generally recognized). In partic­ nella or other enteropathogenic micro­ ular, the Commissioner of Food and organisms that may contaminate fresh (a) Cranberry juice cocktail—a juice Drugs finds that neither the consensus vegetables, which are frequently con­ drink is the beverage food prepared from of informed medical opinion nor clinical sumed without heat treatment. one or both of the cranberry juice in­ experience justifies any representation (d) The Food and Drug Administra­ gredients specified in paragraph (b) of that such combinations are safe and tion, therefore, will regard as adulterated this section to which water and one or effective in connection with the treat­ within the meaning of section 402(a) of more safe and suitable nutritive sweeten­ ment, control, or management of obesity the Federal Food, Drug, and Cosmetic ers are added. The finished food is filtered in patients having normal thyroid func­ Act shipments of vegetables or other and contains not less than 25 percent by tion. edible food in used crates or containers volume of equivalent single strength (b) Combinations of thyroid or other that may render the contents injurious cranberry juice. The soluble solids con­ thyrogenic drugs with central nervous to health. tent of the finished food is not less than 14° Brix nor more than 16° Brix, as system stimulants with or without other (Secs. 402(a), 701(a), 52 Stat. 1046, as drug substances when offered for or as amended, 1055; 21 U.S.C. 342(a), 371(a)) determined by refractometer. It may con­ adjuncts to the treatment, control, or tain added C in a quantity management of obesity not related to Dated: April 3,1968. prescribed by paragraph (c) of this sec­ hypothyroidism are regarded as mis­ Jam es L . G oddard, tion. The acid content of the food, cal­ branded. Such combinations when of­ ' Commissioner of Food and Drugs. culated as anhydrous , is not fered for obesity in humans directly less than 0.55 gram per 100 milliliters. [F.R. Doc. 68-4327; Filed, Apr. 10, 1968; The food is sealed in a container and so attributable to established hypothy­ 8:48 a.m.] roidism are regarded as new drugs within processed by heat, before or after sealing, the meaning of section 201 (p) of the as to prevent spoilage. Federal Food, Drug, and Cosmetic Act. SUBCHAPTER B— FOOD AND FOOD PRODUCTS _ (b) The cranberry juice ingredients referred to in paragraph (a) of this sec­ (Secs. 201 (p), 502, 701(a), 52 Stat. 1041-42, PART 27—-CANNED FRUITS AND tion are cranberry juice and concentrated 1050, as amended, 1055; 21 U.S.C. 321 (p ), 352, 371(a)) FRUIT JUICES cranberry juice. For the purpose of this section cranberry juice is the juice ex­ Dated: April 2,1968. Cranberry Juice Cocktail— a Juice tracted from mature, well colored, sound, Drink; Artificially Sweetened Cran­ Ja m e s L. G oddard, washed cranberries and concentrated Commissioner of Food and Drugs. Juice Cocktail—a Juice cranberry juice is cranberry juice from which part of the water has been re­ [F.R. Doc. 68-4326; Filed, Apr. 10, 1968; Drink; Order Establishing Identity Standards moved. 8:48 a.m.] (c) may be added in a In the matter of establishing defini­ quantity such that the total vitamin C PART 3— STATEMENTS OF GENERAL tions and standards of identity for in each 6 fluid ounces of the finished cranberry juice cocktail—a juice drink POLICY OR INTERPRETATION food amounts to not less than 30 milli­ and artificially sweetened cranberry grams and not more than 60 milligrams. Use of Secondhand Poultry Crates juice cocktail—a juice drink. . (d) The name of the food is “cran­ as Fresh Vegetable Containers A notice of proposed rulemaking in the berry juice cocktail—a juice drink— above-identified matter was published in contains not less than 25 percent cran­ rmKr°al?se significance to the the F ederal R egister of March 2, 1967 berry juice.” The words “ a juice drink” public health of avoiding Salmonella or (32 F.R. 3469), based on a petition sub­ shall appear on the label either on the

FEDERAL REGISTER, VOL. 33, NO. 71-^THURSDAY, APRIL 11, 1968 5618 RULES AND REGULATIONS same line with or centered on a line im­ tions thereto. Objections shall show established and § 120.185 should be mediately below the words “cranberry wherein the person filing will be ad­ amended accordingly to include these juice cocktail.” The words “contain not versely affected by the order and specify metabolites. less than 25 percent cranberry juice” with particularity the provisions of the Therefore, by virtue of the authority shall appear on a line immediately below order deemed objectionable and the vested in the Secretary of Health, Educa­ and be centered with the line preceding grounds for the objections. If a hearing is tion, and Welfare by the Federal Food, it. The words “a juice drink”—contains requested, the objections must state the Drug, and Cosmetic Act (sec. 408(d)(2), not less than 25 percent cranberry juice” issues for the hearing, and such objec­ 68 Stat. 512; 21 U.S.C. 346a(d)(2)) and shall be in letters not less than one-half tions must be supported by grounds delegated by him to the Commissioner the height of the largest letter in the legally sufficient to justify the relief (21 CFR 2.120), § 120.185 is amended by words “cranberry juice cocktail.” sought. Objections may be accompanied revising the introductory paragraph and (e) (1) The label shall name the by a memorandum or brief in support by adding a new final paragraph, as sweetening ingredients used. When vita­ thereof. All documents shall be filed in follows: six copies. min C is added, as provided for by para­ § 120.185 Dimethyl 2,3,5,6-tetrachIoro- graph (c ), it shall be designated on the Effective date. This order shall become terephthalate; tolerances for resi­ label as “vitamin C added” or “with effective 60 days from the date of its dues. added vitamin C.” The label shall con­ publication in the F ederal R egister, ex­ form to the labeling requirements pre­ cept as to any provisions that may be Tolerances for total residues of the scribed for foods which purport to be or stayed by the filing of proper objections. herbicide dimethyl 2,3,5,6-tetrachloro- are represented for special dietary uses Notice of the filing of objections or lack terephthalate and its metabolites mono­ by regulations promulgated pursuant to thereof will be announced by publicàtion methyl 2,3,5,6-tetraehloroterephthalate section 403(j) of the Federal Food, Drug, in the F ederal R egister. and 2,3,5,6-tetrachloroterephthalic acid (calculated as dimethyl 2,3,5,6-tetra- and Cosmetic Act. (Secs. 401, 701, 52 Stat. 1046,1055, as amended (2) Statements of the ingredients pres­ 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) chloroterephthalate) are established as ent as specified in this paragraph shall follows; Dated; April 1,1068. be set forth on the label with such prom­ * * * * * inence and conspicuousness as to render J. K. K irk, 0.2 part per million (negligible residue) them likely to be read by the ordinary Associate Commissioner in or on cottonseed. individual under customary conditions of for Compliance. Any person who will be adversely af­ purchase. [F.R. Doc. 68-4328; Filed, Apr. 10, 1968; fected by the foregoing order may at any § 27.128 Artificially sweetened cranberry 8:48 a.m.] time within 30 days from the date of its juice cocktail— a juice drink; iden­ publication in the F ederal R egister file tity; label statement o f optional in­ with the Hearing Clerk, Department of gredients. PART 120— TOLERANCES AND EX­ Health, Education, and Welfare, Room EMPTIONS FROM TOLERANCES FOR 5440, 330 Independence Avenue SW., (a) Artificially sweetened cranberry Washington, D.C. 20201, written objec­ juice cocktail—a juice drink is the food PESTICIDE CHEMICALS IN OR ON RAW AGRICULTURAL COMMODI­ tions thereto, preferably in quintuplicate. that conforms to the definition and Objections shall show wherein the person standard of identity prescribed for cran­ TIES berry juice cocktail—a juice drink by filing will be adversely affected by the § 27.127, except that in lieu of nutritive Dimethyl 2,3,5,6-Tetrachlorotereph- order and specify with particularity the sweeteners it is sweetened with one or thalate provisions of the order deemed objec­ more of the artificial sweeteners listed tionable and the grounds for the objec­ A petition (PP 8F0640) was filed with tions. If a hearing is requested, the ob­ in and complying with Part 121 of this the Food and Drug Administration by chapter, and the soluble solids specifica­ jections must state the issues for the the Diamond Alkali Co., T. R. Evans Re­ hearing. A hearing will be granted if the tions prescribed in § 27.127(a) do not search Center, Post Office Box 348, apply. The quantity of artificial sweet­ objections are supported by grounds Painesville, Ohio 44077, proposing the es­ legally sufficient to justify the relief eners added is sufficient to sweeten the tablishment of a tolerance of 0.1 part beverage to the same sweetness taste level sought. Objections may be accompanied per million for negligible residues of the by a memorandum or brief in support as that of the food conforming to § 27.127. herbicide dimethyl 2,3,5,6-tetrachloro- (b) The name of the food is “artifi­ thereof. cially sweetened cranberry juice cock­ terephthalate in or on the raw agricul­ Effective date. This order shall become tail—a juice drink—contains not less tural commodity cottonseed. effective on the date of its publication in Subsequently, the petitioner amended than 25 percent cranberry juice.” The the F ederal R egister. words “ artificially sweetened” shall be the proposal to request a tolerance of 0.2 part per million for the combined (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. of the same size and style of type as the 346a(d)(2)) words “cranberry juice cocktail” and the residues of dimethyl 2,3,5,6-tetrachloro- words “ a juice drink—contains not less terephthalate and its two metabolites Dated: April 1,1968. monomethyl 2,3,5,6-tetrachlorotereph- than 25 percent cranberry juice” shall be J. K. Kirk, of the same size and placement as pre­ thalate and 2,3,5,6-tetrachlorotereph- Associate Commissioner scribed in § 27.127(d). thalic acid (calculated as dimethyl for Compliance. (c) The food is subject to the require­ 2,3,5,6-tetrachloroterephthalate) in or ments for label statement of ingredients on the raw agricultural commodity cot­ [FJt. Doc. 68-4329; Filed, Apr. 10, 1968; as prescribed for cranberry juice cock­ tonseed. 8:48 a.m.] tail—a juice drink by § 27.127 and is The Secretary of Agriculture has cer­ labeled to conform to the labeling re­ tified that the pesticide chemical is use­ PART 121—- FOOD ADDITIVES quirements prescribed for foods which ful for the purposes for which the purport to be or are represented for spe­ tolerance is being established. Subpart C— Food Additives Permitted cial dietary uses by regulations promul­ Based on consideration given the In Feed and Drinking Water of gated pursuant to section 403 (j) of the data submitted in the petition, and other Animals or for the Treatment of Federal Food, Drug, and Cosmetic Act. relevant material, the Commissioner of Food-Producing Animals Any person who will be adversely af­ Food and Drugs concludes that the fected by the foregoing order may at any tolerance established by this order will Subpart D— Food Additives Per­ time within 30 days from the date of its protect the public health. He further mitted In Food for Human Con­ publication in the F ederal R egister file concludes that residues of such metabo­ sumption with the Hearing Clerk, Department of lites of the subject pesticide chemical SULFOMYXIN Health, Education, and Welfare, Room may also be present as components of 5440, 330 Independence Avenue SW., the pesticide residues on all commodities 1. The Commissioner of Food and Washington, DC. 20201, written objec­ for which tolerances have already been. Drugs, having evaluated the data su

FEDERAL REGI5TERr V O L 33, NO. 71— THURSDAY, APRIL I I , 1968 RULES AND REGULATIONS 5619 mitted in a petition (FAP 5D1686) filed § 121.318 are safe for human consump­ nor is the existing prior sanction in cer­ by Chas. Pfizer and Co., Inc., 235 East tion. Accordingly, Part 121 is amended tain other packaging uses as provided in 42d Street, New York, N.Y. 10017, and by adding to Subpart D the following § 121.2001(a). In the absence of a regu­ other relevant material, has concluded new section: lation providing for uses of NDGA di­ rectly in food, a proposal to remove that the food additive regulations should § 121.1217 Sulfomyxin. be amended to provide for the safe use NDGA from the list of permitted optional of sulfomyxin for the injection of chick­ A tolerance of zero is established for ingredients in the soda water standard ens and turkeys for conditions specified residues of sulfomyxin (IV-sulfomethyl- is published elsewhere in this issue of the below. (In the notice of filing of said polymyxin B salt) in edible tis­ F ederal R egister. petition, published in the F ederal R egis­ sues from chickens and turkeys. Accordingly, pursuant to the provisions Any person who will be adversely af­ ter of Apr. 7, 1965 (30 F.R. 4502), the of the Federal Food, Drug, and Cosmetic additive was referred to as “polymyxin fected by the foregoing order may at any Act (sec. 409(d) , 72 Stat. 1787; 21 U.S.C, methane sulfonate,” a proposed nonpro­ time within 30 days from the date of its 348(d)) and under the authority dele­ prietary name; however, that nomen­ publication in the F ederal R egister file gated to the Commissioner by the Secre­ clature has not been adopted.) with the Hearing Clerk, Department of tary of Health, Education, and Welfare Therefore, pursuant to the provisions Health, Education, and Welfare, Room (21 CFR 2.120), §121.101 Substances of the Federal Food, Drug, and Cos­ 5440, 330 Independence Avenue SW., that are generally recognized as safe is metic Act (sec. 409(c) (I), 72 Stat. 1786; Washington, D.C. 20201, written objec­ amended by deleting from paragraph 21 U.S.C. 348(c) (1)) and under the au­ tions thereto, preferably in quintuplicate. (d) (2) the item “Nordihydroguaiaretic thority delegated to the Commissioner by Objections shall show wherein the person acid.” the Secretary of Health, Education, and filing will be adversely affected by the Any person who will be adversely Welfare (21 CFR 2.120), Part 121 is order and specify with particularity the affected by the foregoing order may at amended by adding to Subpart C the provisions of the order deemed objection­ any time within 30 days from the date of following new section; able and the grounds for the objections. its publication in the F ederal R egister If a hearing is requested, the objections file with the Hearing Clerk, Department § 121.318 Sulfomyxin. must state the issues for the hearing. A of Health, Education, and Welfare, Room The food additive sulfomyxin (N- hearing will be granted if the objections 5440, 330 Independence Avenue SW., sulfomethylpolymyxin B sodium salt) are supported by grounds legally suffi­ Washington, D.C. 20201, written objec­ may be safely used in the treatment of cient to justify the relief sought. Objec­ tions thereto, preferably in quintuplicate. animals in accordance with the follow­ tions may be accompanied by a memo­ Objections shall show wherein the person ing prescribed conditions: randum or brief in support thereof. filing will be adversely affected by the (a) The additive is derived from the E ffective date. This order shall become order and specify with particularity the antibiotic substance produced by growth effective on the date of its publication in provisions of the order deemed objec­ of Bacillus polymyxa or is the same sub­ the F ederal R egister. tionable and the grounds for the ob­ stance produced by any other means. jections. If a hearing is requested, the (Sec. 409(c) (1 ), (4), 72 Stat. 1786; 21 U.S.C. (b) (1) It is sterile and it is used or 348(c) (1),(4)) objections must state the issues for the intended for use in chickens and tur­ hearing. A hearing will be granted if the keys as an aid in the treatment of Dated: April 3,1968. objections are supported by grounds diseases caused or complicated by E. coli, J. K . K ir k ,' legally sufficient to justify the relief such as colibacillosis and complicated Associate Commissioner sought. Objections may be accompanied chronic respiratory disease. for Compliance. by a memorandum or brief in support (2) It is administered by subcutaneous thereof. injection as follows: [F.R. Doc. 68-4330; Filed, Apr. 10, 1968; 8:48 ajn .l Effective date. This order shall become effective on the date of its publication in Antibiotic activity F ederal R egister. Age of birds in days ------the Chickens Turkeys PART 121— FOOD ADDITIVES (Sec. 409 (d ), 72 Stat. 1787; 21 U.S.C. 348(d )) Units Units Subpart B——Exemption of Certain Î to 14...... 12,500 12,500 Dated: April 1, 1968. IB to 28...... 25,000 25,000 Food Additives From the Require­ 29 to 63______50,000 50,000 J. K . K ir k , Over 63...... 50,000 100,000 ment of Tolerances Associate Commissioner N ordihydroguaiaretic A c id ; R em o val for Compliance. (3) A second injection may be given F rom L is t of S ubstances. G enerally [F B . Doc. 68-4322; Filed, Apr. 10, 1968; 3 days later if symptoms persist. R ecognized as S afe 8:47 am .] (c) To assure safe use the label and A proposal to remove nordihydro­ labeling of the additive shall bear, in ad­ guaiaretic acid (NDGA) from the list of dition to the other information required substances generally recognized as safe by the act, the following: for use in food as preservatives (21 CFR Title 22— FOREIGN RELATIONS (1) The name of the additive. 121.101(d )(2)) was published in the Chapter I— Department of State (2) A statement of the quantity con­ F ederal R egister of November 22, 1967 [Dept. Reg. 108.582] tained therein. _ (32 F.R. 16048). Comments received (3) Adequate directions and warnings thereon from three interested parties PART 41— VISAS: DOCUMENTATION for use including the statements: provided no substantive evidence to alter (i> “Not for use in laying hens” ; and OF NONIMMIGRANTS UNDER THE the proposed course of action. It is en­ IMMIGRATION AND NATIONALITY (ii) “Do not treat chickens within 5 tirely appropriate for any interested days and turkeys within 7 days of party to submit a food additive petition ACT, AS AMENDED slaughter.” with data that establish the conditions Nonimmigrant Documentary Waivers 2. Based upon an evaluation of the of safe use for NDGA in food. data before him and proceeding under Removal of NDGA from the list of Correction the authority of said act (sec. 409(c) (4), substances generally recognized as safe In F.R. Doc. 68-4102 appearing at page 72 stat- 1786; 21 UJS.C. 348(c) (4)), dele­ reclassifies this compound as a food ad­ 5410 in the issue of Friday, April 5, 1968, gated as cited above, the Commissioner ditive for which a food additive regula­ the signature appearing at the end of the as concluded that tolerance limitations document should read “Raymond F. tion is necessary to permit its use. The Farrell, Commissioner of Immigration are required to assure that edible prod­ existing food additive regulation for the and Naturalization, Immigration and ucts from chickens and turkeys treated use of NDGA in packaging material, Naturalization Service, Department of h sulfomyxin in accordance with § 121.2514, is not altered by this action Justice.”

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 196f 5620 RULES AND REGULATIONS

ardous materials. The Administrator specified in § 294.6.” The full text of Title 49— TRANSPORTATION recognizes that there are exceptional § 297.01(b), as amended, is set forth cases where reporting the total number below: Chapter I— Department of of vehicles operated would not contribute § 294.6 Annual safety report required; Transportation significantly to the accumulation of private carriers. meaningful statistical data. Consequent­ SUBCHAPTER A— GENERAL RULES AND ly, provision has been made whereby the (a) (1) Every private carrier engaged REGULATIONS Director, Bureau of Motor Carrier Safety, in transporting hazardous materials of PART 177— SHIPMENTS MADE BY may, upon written request and for good such kind and in such quantities as to cause shown, permit the carrier to limit require that a motor vehicle be marked WAY OF COMMON, CONTRACT, or placarded under the provisions of OR PRIVATE CARRIERS BY PUBLIC the information contained in the report to that portion of its operation involving § 177.823 of this chapter, shall file, on or HIGHWAY the actual transportation of hazardous before April 1, 1969, and on or before SUBCHAPTER B— CARRIERS BY MOTOR VEHICLES materials. April 1 of each year thereafter, Form For reasons of clarity and to avoid MCS-51 entitled Private Carrier Annual PART 294— RECORDING AND possible misunderstanding, language Safety Report,1 with the Director, Bureau REPORTING OF ACCIDENTS changes have been made to § 294.6(a) (1) of Motor Carrier Safety, Federal High­ (iv) expressly limiting the total number way Administration, Washington, D.C. PART 297— TRANSPORTATION OF of trucks and truck tractors reportable 20591. This report shall include, in addi­ EXPLOSIVES AND OTHER DAN­ to instances where the hazardous ma­ tion to the carrier’s name and principal GEROUS ARTICLES BY MOTOR terials are of such kind and in such business address, the following informa­ VEHICLES quantities as to require the vehicle to be tion concerning the operations of the placarded under the provisions of § 177.- private carrier during the preceeding Annual Safety Accident Report by 823 of the Hazardous Materials Regula­ calendar year: Private Motor Carriers of Hazard­ tions of the Department of Transporta­ (1) Maximum number of trucks and ous Materials tion (49 CFR 177.823). , truck tractors operated at any time dur­ ing the calendar year; A proposal to amend §§ 177.875 and The date for filing the first report un­ (ii) Actual number of truck and truck 177.876 of the Hazardous Materials Reg­ der this amendment has been changed to tractor miles operated in intrastate and ulations of the Department of Trans­ April 1, 1969. The information contained interstate operations, except that esti­ portation (49 CFR 177.875 and 177.876; in that report covers calendar year 1968. mated mileage- is acceptable where 32 P.R. 14569), to redesignate the sec­ Thereafter, the report must be filed on accurate mileage figures are not main­ tions as § 294.6 of the Motor Carrier or before April 1 of each succeeding year, tained; Safety Regulations (49 CFR 294.6), and covering the prior calendar year. For (iii) Total number of recordable acci­ to revoke § 177.877 of the Hazardous calendar year 1967, the provisions of dents as defined in § 294.2(a) including : Materials Regulations of the Department § 177.875 of the Hazardous Materials (a) Total number of fatalities and of Transportation, was published in the Regulations of the Department of Trans­ injuries; and portation apply. F ederal R e g is te r on December 19, 1967 (b) Total amount of property damage (32 F.R. 18114). Interested persons have Section 297.01(b) of the Motor Carrier in dollars; been given the opportunity to participate Safety Regulations is amended by add­ (iv) Total number of trucks and truck in this rulemaking action and careful ing at the end thereof, the following: tractors transporting hazardous ma­ consideration has been given to all rel­ “Except as specified in § 294.6.” Through terials of such kind and in such quanti­ evant matter presented. an oversight, the notice of proposed rule ties as to require the motor vehicle to be This amendment requires every pri­ making, published on December 19, placarded under the provisions of vate carrier engaged in transporting 1967 (32 F.R. 18114) did not expressly § 177.823 of this chapter by primary State hazardous materials in a motor vehicle refer to § 297.01(b). However, this rule of registration only; and which must be marked or placarded un­ making proceeding clearly compre­ (v) Total number of recordable acci­ der the provisions of § 177.823 of the hended this amendment to § 297.01(b). dents as defined in § 294.2(a), involving Hazardous Materials Regulations of the Consequently, additional notice and pub­ those motor vehicles referred to in sub­ Department of Transportation to pre­ lic procedure are unnecessary. division (iv) of this paragraph. pare and file form MCS-51, entitled Pri­ This rule making action is taken under (2) The Director, Bureau of Motor vate Carrier Annual Safety Report, on or the authority of sections 204,. 220, and Carrier Safety, upon written request and before the date specified. Additionally, 224, of the Interstate Commerce Act, as for good cause shown, may permit a certain identification requirements for amended (49 U.S.C. 304, 320, 324); Title private carrier to limit the information such vehicles are prescribed. 18, United States Code, sections 831-835; contained'in the report specified in this Operations involving the carriage of section 6 of the Department of Trans­ paragraph (a) to that part of its opera­ hazardous materials are of particular portation Act (49 U.S.C. 1955); and dele­ tion involving the actual transportation importance because of the inherently gation of authority dated April 5, 1967 of hazardous materials. dangerous characteristics of such ma­ (32 F.R. 5606). (b) Identification of vehicles of cer­ terials. The accident frequency rate and In consideration of the foregoing: tain private carriers: annual accident experience are valuable (1) General requirements. There shall aids in focusing on those carriers in §§ 177.875,177.876 [Redesignated] be displayed on both sides of each vehicle need of close attention and supervision. 1. Sections 177.875 and 177.876 of operated under its own power, either There is, at present, a lack of meaning­ the Hazardous Materials Regulations of alone or in combination, and engaged in ful statistical data available to the the Department of Transportation (49 the transportation of the articles de­ Bureau of Motor Carrier Safety, con­ CFR 177.875 and 177.876) (32 F.R. scribed in paragraph (a) of this section, cerning accidents involving private car­ 14569) are redesignated as § 294.6 of the the name or trade name of the private riers of hazardous materials. This Motor Carrier Safety Regulations (49 carrier operating such vehicle, and the amendment furnishes the means for ob­ CFR 294.6) and amended as set forth city or community in which the c&r/}e* taining such statistical data and for below, effective January 1, 1969. maintains its principal office or in which the vehicle is customarily based. If the identifying those private carriers in need § 177.877 [Revoked] of close supervision and attention. name of any person other than the oper­ Several commentators objected to the 2. Section 177.877 of the Hazardous ating carrier appears on a vehicle oper­ requirement that private carriers report Materials Regulations of the Department ated under its own power, either alone or on the total number of vehicles operated. of Transportation (49 CFR 177.877) is in combination, the name of the oper­ They contend the report should be lim­ revoked; and ating carrier shall be followed by tne ited to jthe number of placarded vehicles 3. Section 297.01(b) is amended by actually engaged in the carriage of haz­ adding at the end thereof “except as 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 RULES AND REGULATIONS 5621

Information required by this paragraph, West Lake Street, Minneapolis, Minn. MINIDOKA NATIONAL WILDLIFE REFUGE and be preceded by words “operated by.” 55408. Sport fishing shall be in ac­ Minidoka National Wildlife Refuge, Nothing in the regulations in this part cordance with all applicable State Route 4, BSFW, Rupert, Idaho 83350. s|ia,n prohibit display of such additional regulations and subject to the following Sport fishing is permitted on the entire identification as is not inconsistent special conditions. refuge year-round except as stipulated herewith. (1) The open season for sport fishingunder Special Conditions. (2) Size, shape, and color. The display on the refuge extends from May 4, 1968, Special Conditions: of name and address prescribed in sub- through September 15, 1968, daylight 1. Fishing is not permitted on Lake paragraph (1) of this paragraph, shall hours only. Walcott during the migratory waterfowl be in letters in sharp color contrast to -The provisions of this special regula­ hunting season. the background, and be of such size, tion supplement the regulations which 2. Boats with or without motors may shape, and color as to be readily legible, govern fishing on wildlife refuge areas be used during daylight hours only during daylight hours from a distance of generally which are set forth in title 50, (interpreted here to be 1 hour before 50 feet while the vehicle is not in motion, Part 33, and are effective through sunrise to 1 hour aftef sunset) from April and such display shall be kept and main­ September 15,1968. 1 through September 30. tained in such manner as to remain so H omer L. B radley, The provisions of these special regula­ legible. The display may be accomplished Refuge Manager, Lake Ilo Na­ tions supplement the regulations which through use of a removable device so pre­ tional Wildlife Refuge, Dunn govern fishing on wildlife refuge areas pared as to meet the identification and Center, N. Dak. generally, which are set forth in Title legibility requirements of this section. 50, Code of Federal Regulations, Part A pril 4,1968. § 297.01 Application of regulations. 33, and are effective through April 30, ***** LF.R. Doc. 68-4314; Filed, Apr. 10, 1968; 1969. 8:47 a.m.] H e n r y B a e t k e y , (b) Parts 290 to 297, inclusive, of this Acting Regional Director, subchapter, shall be applicable to all Bureau of Sport Fisheries motor carriers designated in paragraph PART 33— SPORT FISHING and Wildlife. (a) of this section, whether or not operat­ Deer Flat National Wildlife Refuge, A p r il 1,1968. ing wholly within a municipality or be­ Idaho, et al. tween contiguous municipalities, or [F.R. Doc. 68-4273; FUed, Apr. 10, 1968; within a zone adjacent to and commer­ The following special regulations are 8:45 a.m.l cially a part of any such municipality or issued and are effective on date of publi­ municipalities, to the extent that the cation in the F ederal R egister. motor vehicles and drivers of the afore­ § 33.5 Special regulations; sport fishing; said carriers are engaged in the trans­ for individual wildlife refuge areas. Title 39— POSTAL SERVICE portation of explosives and other dan­ gerous articles: Provided, however, That General Conditions: Fishing shall be Chapter I— Post Office Department in accordance with applicable State regu­ Part 294 of this subchapter relating to SUBCHAPTER C— INTERNATIONAL MAIL lations except for special conditions the reporting of accidents shall not apply APPENDIX— DIRECTORY OF to any private carrier of property except listed. All areas open to fishing are designated as specified in § 294.6 of this subchapter. INTERNATIONAL MAIL by signs and delineated on maps avail­ Issued in Washington, D.C., on April 3, able at the respective refuge head­ Miscellaneous Amendments 1968. quarters and from the office of the I. In the appendix to Subchapter C— L o w e l l K. B r id w el l , Regional Director, Bureau of Sport The Directory of International Mail un­ Federal Highway Administrator. Fisheries and Wildlife, 730 Northeast der the individual country regulations [F.R. Doc. 68-4315; Piled, Apr. 10, 1968; Pacific Street, Portland, Or eg. 97208. make the following changes: 8:47 ajm.] I daho A. Under the country item Italy make the following changes: DEER FLAT NATIONAL WILDLIFE REFUGE 1. Under Postal Union Mail two new Deer Flat National Wildlife Refuge, items Insurance and Special handling Title 50— WILDLIFE AND Route 1, Box 335, Nampa, Idaho 83651. are inserted directly following the item Sport fishing Is permitted on the entire Registration and the item Prohibitions FISHERIES refuge year-round except as stipulated and import restrictions is revised. Chapter I-—Bureau of Sport Fisheries under Special Conditions. P ostal U n io n M ail Special Conditions: ***** ond Wildlife, Fish and Wildlife 1. Fishing is not permitted on the Service, Department of the Interior publie hunting area during the migratory Insurance. Not applicable to Postal Union mail. PART 33— SPORT FISHING waterfowl hunting season. 2. Boats with motors may be used Special handling. Available to U.S. dis­ Lake llo National Wildlife Refuge, dining daylight hours only (interpreted patching exchange office for AO pack­ ages only. See chart 6 in the front of the N. Dak. here to be 1 hour before sunrise to I hour after sunset) from February 1 through appendix for fees. The following special regulation is September 30. * * * * * Issued and is effective on date of publica­ 3. Shoreline fishing is prohibited be­ Prohibitions and import restrictions. tion in the F ederal R egister. tween the upper and lower embankments Precious stones, precious metals, jewelry, $ ^ ' 5 Special regulations; sport fishing; on the north side of the reservoir. and other precious articles. Dutiable arti­ for individual wildlife refuge areas. 4. Shoreline fishing is prohibited on cles in letter packages, except for postage the islands of the Snake River sector stamps (see “ Observations” !. Articles N orth D akota from February 1 to May 15. prohibited or restricted as parcel post lake il o national w il d l if e refuge KOOTENAI NATIONAL WILDLIFE REFUGE are prohibited or restricted in the Postal Union mail. , fishing on the Lake Ilo National Kootenai National Wildlife Refuge, 2. Under Parcel Post a new item In­ wildlife Refuge, N. Dak., is permitted Star Route No. 1, Bonners Ferry, Idaho surance is inserted immediately follow­ only on the area designated by signs as 83805. ing the item Special handling. This open area compris- Sport fishing is permitted on portions g 400 acres is delineated on maps avail- of Kootenai River, Deep Creek, and P arcel Po s t me at refuge headquarters and from the Myrtle Creek within the refuge year- * * * * # _ ce of the Regional Director, Bureau round except during the migratory Insurance. No provision. oi bport Fisheries and Wildlife, 1006 waterfowl hunting season. * * * • *

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL IT , T968 5622 RULES AND REGULATIONS

(5 U.S.C. 301, 39 U.S.C. 501, 505) (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, 3 CFR 1954—58 Comp., p. 218) T im o t h y J. M a y , Title 7— AGRICULTURE General Counsel. U nited S tates C iv il S erv­ ice C o m m is s io n , Chapter IX— Consumer and Market­ A pril 5, 1968. [ seal] Jam es C. S p r y , ing Service (Marketing Agreements [F.R. Doc. 68-4301; Filed, Apr. 10, 1968; Executive Assistant to and Orders; Fruits, Vegetables, 8:46 ajn.j the Commissioners. Nuts), Department of Agriculture [F.R. Doc. 68-4303; Filed, Apr. 10, 1968; [Valencia Orange Reg. 234] 8:47 a.m.] PART 908— V A L E N C IA ORANGES Title 5— ADMINISTRATIVE PART 213— EXCEPTED SERVICE GROWN IN ARIZONA AND DESIG­ PERSONNEL Department of Housing and Urban NATED PART OF CALIFORNIA Development, Housing and Home Limitation of Handling Chapter I— Civil Service Commission Finance Agency § 908.534 Valencia Orange Regulation PART 213— EXCEPTED SERVICE 1. Section 213.3384 is amended to show 234. that the position of Deputy Assistant for Commission on Civil Rights Problems of the Elderly and the Handi­ (a) Findings. (1) Pursuant to the capped, Office of the Assistant Secretary marketing agreement, as amended, and Section 213.3156 is amended to show for Renewal and Housing Assistance, is Order No. 908, as amended (7 CFR Part that the Schedule A authority covering excepted under Schedule C in lieu of the 908), regulating the handling of Valencia 15 positions at GS-11 and above of em­ position of Deputy Assistant Adminis­ oranges grown in Arizona and designated part of California, effective under the ap­ ployees who collect, study, and appraise trator (Housing for Senior Citizens), Housing and Home Finance Agency. Ef­ plicable provisions of the Agricultural civil rights information under Public Law Marketing Agreement Act of 1937, as fective on publication in the F ederal 88-352 is extended for the life of the amended (7 U.S.C. 661-674), and upon R egister, subparagraph (8) is added to Commission and is modified to include paragraph (c) of § 213.3384 as set out the basis of the recommendations and in­ activities in furtherance of the Com­ below. formation submitted by the Valencia mission’s clearinghouse responsibilities. Orange Administrative Committee,- es­ § 213.3384 Department of Housing and tablished under the said amended Effective on publication in the F ederal Urban Development. marketing agreement and order, and R egister, paragraph (a) of § 213.3156 is * * * * ♦ upon other available information, it is amended as set out below. (c) Office of the Assistant Secre­hereby found that the limitation of handling of such Valencia oranges, as § 213.3156 Commission on Civil Rights. tary for Renewal and Housing As­ sistance. * * * hereinafter provided, will tend to effec­ (a) Until January 31, 1973, 15 posi­ (8) One Deputy Assistant for Prob­ tuate the declared policy of the act. tions at grade GS-11 and above of em­ lems of the Elderly and the Handi­ (2) It is hereby further found that it ployees who collect, study, and appraise capped. is impracticable and contrary to the pub­ civil rights information and use that in­ 2. Section 213.3344 is amended to show lic interest to give preliminary notice, en­ gage in public rule-making procedure, formation to carry out the national that the positions of Confidential As­ sistant, Executive Assistant, and Special and postpone the effective date of this clearinghouse responsibilities of the Assistant to the Commissioner, Urban section until 30 days after publication Commission under Public Law 88-352, as Renewal Administration; Private Secre­ hereof in the F ederal R egister (5 U.S.C. amended. tary to the Assistant Administrator 553) because the time intervening be­ tween the date when information upon ***** (Community Programs) ; and Secretary and Confidential Assistant to the As­ which this section is based became avail­ (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, sistant Administrator (Metropolitan able and the time when this section must become effective in order to effectuate 3 CFR 1954-58 Comp., p. 218) Development) ; and Deputy Assistant Administrator. (Housing for Senior Citi­ the declared policy of the act is insuffi­ U nited S tates C iv il S erv­ zens) are no longer excepted under cient, and a reasonable time is permitted, ice C o m m is s io n , Schedule C. Effective on publication in under the circumstances, for preparation for such effective time ; and good cause [ seal] Jam es C. S p r y , the F ederal R egister, paragraph (a) of § 213.3344 is amended as set out below. exists for making the provisions hereof Executive Assistant to effective as hereinafter set forth. The the Commissioners. § 213.3344 Housing and Home Finance committee held an open meeting during Agency. [F.R. Doc. 68-4303; Filed, Apr. 10, 1968; the current week, after giving due notice 8:46 a.m.] (a) Office of the Secretary. * * * thereof, to consider supply and market (11) [Revoked] conditions for Valencia oranges and the ***** need for regulation; interested persons PART 213— EXCEPTED SERVICE (18) [Revoked] were afforded an opportunity to submit (19) [Revoked] information and views at this meeting, Department of Defense the recommendation and supporting in­ * * * * * formation for regulation during the Section 213.3306 is amended to show (23) [Revoked] period specified herein were promptly that the position of Executive and Con­ ***** submitted to the Department after sue fidential Assistant to the Secretary is (40) [Revoked] meeting was held; the provisions of this (41) [Revoked] section, including its effective time, are excepted under Schedule C. Effective on identical with the aforesaid recommen­ publication in the F ederal R egister, sub- ***** dation of the committee, and information paragraph (1) of paragraph (a) of (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, concerning such provisions and effectif § 213.3306 is amended as set out below. 3 CFR, 1954-58 Comp., p. 218) time has been disseminated among han­ U nited S tates C iv il S erv­ dlers of such Valencia oranges; it §213.3306 Department of Defense. ice C o m m is s io n , necessary, in order to effectuate the a~ (a) Office of the Secretary. (1) One [ seal] Jam es C . S p r y , dared policy of the act, to make this s - Executive and Confidential Assistant, Executive Assistant to tion effective during the period her one Special Assistant, and two Private the Commissioners. specified; and compliance with this Secretaries to the Secretary. [F.R. Doc. 68-4305; Filed, Apr. 10, 1968; tion will not require any special Pf&P®*? tion on the part of persons subject herew * * * * * 8:47 am .]

FEDERAL REGISTER, VOL. 33, NO. 71—THURSDAY, APRIL 11, 1968 RULES AND REGULATIONS 5623 which cannot be completed on or before ment relieves restrictions on the han­ Office. The defensive publication would the effective date hereof. Such committee dling of potatoes in the production area. be in the form of an abstract of the meeting was held on April 9, 1968. Order, as amended. In § 945.326 (32 technical disclosure, printed in the Offi­ (b) Order. (1) The respective quan­F.R. 9298, 15577 and 33 F.R. 2933), sub- cial Gazette and made a part of the tities of Valencia oranges grown in Ari­ paragraph (1) of paragraph (b ); spid Patent Office search files. zona and designated part of California paragraph (g) are hereby amended to This program will be open to any ap­ which may be handled during the period read as follows: plicant having an application awaiting April 12, 1968, through April 18, 1968, action by the Patent Office and who files are hereby fixed as follows: § 945.326 Limitations of shipments. a written request no later than eight (8) (1) District 1: Unlimited movement; * * * * * months after the earliest U.S. effective (ii) District 2: unlimited movement; (b) Minimum maturity requirements.filing date of the designated application (iii) District 3: 275,000 cartons. (1) White Rose variety: No minimum and agrees to the conditions of the pro­ (2) As used in this section, “handled,” maturity requirements. gram, including waiving his patent rights “handler,” “District 1,” “District 2,” “Dis­ * * * * * based on the designated application, trict 3,” and “carton” have the same opening the complete application to in­ (g) Applicability to imports. Pursuantspection by the general public upon pub­ meaning as when used in said amended to § 608e-l of the act and § 980.1 “Import marketing agreement and order. lication of the abstract, expressly regulations” (7 CFR 980.1, as amended), abandoning his application, the aban­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Irish potatoes of the long varieties im­ donment to take effect five (5) years 601-674) ported during the effective period of this after the earliest U.S. effective filing date Dated: April 10, 1968. section shall meet the applicable grade, of the application unless within that size, quality, and maturity requirements period interference proceedings have P aul A . N ic h o lso n , specified in paragraphs (a) and (b) of been initiated, and waiving his rights to Deputy Director, Fruit and this section as amended. a patent on a continuing application Vegetable Division, Consumer (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. filed after the expiration of thirty (30) and Marketing Service. 601-674) months from the earliest UJS. effective [FF. Doc. 68—4412; Piled, Apr. 10, 1968; Dated April 8,1968, to become effective filing date of the designated application. 11:15 a.m.j April 8,1968. Until November 1, 1968, this program will be open to any pending application Paul A . N ic h o lso n , Deputy Director, Fruit and Veg­ awaiting first action by the Patent Office [945.326 Amdt. 3] etable Division, Consumer at the time of the request without regard and Marketing Service. to the filing date of that application. PART 945— IRISH POTATOES GROWN In accordance with existing rules and IN CERTAIN DESIGNATED COUN­ [F.R. Doc. 68—4355; Filed, Apr. 10, 1968; procedures interferences may be declared TIES IN IDAHO AND MALHEUR 8:49 a.m.J with applications and patents. During COUNTY, OREG. the period beginning with the suggestion of claims by the Patent Office or the Limitation of Shipments Title 37— PATENTS, TRADE­ filing of claims by the applicant copied Findings, (a) Pursuant to Marketing from a patent and ending with the Agreement No. 98 and Order No. 945, termination of proceedings if an inter­ both as amended (7 CFR Part 945), regu­ MARKS, AND COPYRIGHTS ference is declared or the mailing of a lating the handling of Irish potatoes Chapter I— Patent Office, Department decision refusing to declare the inter­ ference, abandonment by reason of the grown in the production area defined of Commerce therein, effective under the applicable expiration of the 5-year period will be provisions of the Agricultural Marketing PART 1— RULES OF PRACTICE IN stayed. Since the applicant has waived Agreement Act of 1937, as amended (7 PATENT CASES his patent rights and agreed to a de­ U.S.C. 601-674), and upon the basis of fensive publication, termination of inter­ recommendations and information sub­ PART 3— FORMS FOR PATENT CASES ference proceedings in his favor would render the express abandonment ineffec­ mitted by the Idaho-Eastern Oregon New Defensive Publication Program; Potato Committee, established pursuant tive but would not result in the issuance to the said marketing agreement and Additional Form of an enforceable patent. Instead, a order, and other available information, Sections 1.11, 1.14, 1.101, 1.103, and normal Notice of Allowance would be it is hereby found that the amendment to 1.108 of Title 37 CFR (Patent Rules 11, issued except that the applicant would the limitation of shipments hereinafter 14, 101, 103, and 108). are amended or be notified that when the issue fee is re­ set forth, will tend to effectuate the revised and a new § 1.139 (Patent Rule mitted a disclaimer of the entire term of declared policy of the act. 139) is added to take effect May I, 1968, the patent to be granted in accordance with the second paragraph of 35 U.S.C. (b) It is hereby found that it is for the purpose of instituting a new de­ fensive publication program. A new § 3.50 253 should be included. Impracticable and contrary to the public No special fees will be required for interest to give preliminary notice and is added for the purpose of implementing the new program. entrance into this program. The appli­ engage in public rule making procedure, cant will be permitted to include with his and that good cause exists for not post­ The general substance of the proposed request a replacement or expanded poning the effective date of this amend­ revisions and additions was published in abstract of the technical disclosure of ment until 30 days after publication in the F ederal R egister of February 20, up to two hundred (200) words. Accept­ tne F ederal R egister (5 U.S.C. 553) in 1968 (33 F.R. 3189). A hearing was held ance of a request to enter this program I g i .t g the time intervening between on March 27, 1968, and all persons, who will be contingent upon screening by the tne date when information upon which desired to, were invited to attend and to Patent Office to exclude such material tms amendment is based became avail­ submit their views, objections, recom­ that may be considered advertising, able and the time when this amendment mendations or suggestions. Both oral and frivolous, scandalous, against public afU S com e effe°tive in order to effectu- written comments were carefully con­ policy, subject to national security con­ ate the declared policy of the act is sidered. The sections are being revised trols, etc. Acceptance of a designated nsufncient, (2) compliance with this substantially as published with a few application in this program is not in­ r.^ ndlïî®nt W^U not require any special additional changes. tended to preclude the examination of P eparation by handlers which cannot This program is intended to provide any continuing application filed under pe completed by the effective date, (3) better service to the public by making 35 U.S.C. 120 within thirty (30) months regarding the committee’s available the technical disclosure of cer­ after the earliest effective U.S. filing date nhun+menc^a^on kas been made avail- tain applications iii which the owner may of the designated application. to,.producers and handlers in the prefer to publish an abstract in lieu of Upon receipt and approval of the Production area, and (4) this amend­ obtaining an examination by the Patent request the application abstract will be

No. 71-----3 FEDERAL REGISTER, VOL. 33, NO. ?T — THURSDAY, APRIL 11, 1968 5624 RULES AND REGULATIONS published in the Official Gazette. Publi­ served in secrecy. No information will be acceptance of a request tinder § 1.139” at cation of the abstract in the Official given by the Office respecting the filing the end of the first sentence, so that it Gazette would be in a separate section by any particular person of an applica­ reads as follows: identifying the application as being open tion for a patent, the pendency of any § 1 .1 0 8 Abandoned applications n o t for inspection by the general public and particular case before it, or the subject cited. indicating that it is subject to the New matter of any particular application, nor Defensive Publication Program. will access be given to or copies fur­ Abandoned applications as such will Following publication the application nished of any pending application or not be cited as references except those would be filed in the Record Section of papers relating thereto, without written which have become abandoned as a result the Patent Reference Branch where it authority of the applicant, or his of the filing and acceptance of a request will be available for inspection upon assignee or attorney or agent, unless it under § 1.139. written request. Copies of the applica­ shall be necessary to the proper conduct 6. A new § 1.139 is added, the full text tion will be furnished by the Patent of business before the Office or as pro­ of which reads as follows: Office upon request and payment of fee. vided by this part. § 1.139 Waiver o f patent rights. The application abstract and suitable (b) Except as provided in § 1.11(b) An applicant may waive his rights to drawing copies would then be made a abandoned applications are likewise not part of the official search files. an enforceable patent based on a pending open to public inspection, except that if patent application by filing in the Patent After the defensive publication has an application referred to in a U.S. patent appeared in the Official Gazette the Office a written waiver of patent rights, is abandoned and is available, it may be a consent to the publication of an abstract and suitable drawing copies will inspected or copies obtained by any be available as prior art from the date of abstract, an authorization to open the person on written request, without notice complete application to inspection by publication under 35 U.S.C. 102(a) or to the applicant. Abandoned applications 102(b) as a printed publication. Also, at the general public, and a declaration of may be destroyed after 20 years from abandonment signed by the applicant this time the application will be avail­ their filing date, except those to which able as prior art under 35 U.S.C. 102(a) and the assignee of record or by the particular attention has been called and attorney or agent of record. as evidence of prior knowledge from the which have been marked for preserva­ actual date of filing the application in tion. Abandoned applications will not 7. A new § 3.50 is added to read as the Patent Office. be returned. follows: The changes follow: 3. In § 1.101, add “ except for those § 3.50 Waiver o f patent rights. 1. In § 1.11, delete “Patent” from the applications in which the Office has title. Identify the one paragraph now accepted a request filed under § 1.139” To the Commissioner-of Patents: in the section as paragraph “ (a )” and at the end of the last sentence of para­ The undersigned having on ______follow with a new paragraph “ (b)” , so graph (a), so that it reads. filed an application for patent, Serial No. that the section reads as follows: ______entitled ______§1.101 Order of examination. hereby waives his right to an enforceable § 1.11 Files open to the public. patent based on said application or on any (a) Applications filed in the Patentcontinuing application filed after the expira­ (a) After a patent has been issued, the Office and accepted as complete applica­ tion of thirty (30) months from the earliest specification, drawings, and all papers tions (§§ 1.53 and 1.55) are assigned for U.S. effective filing date of said application relating to the case in the file of the examination to the respective examin­ and subject to acceptance by the Commis­ patent are open to inspection by the ing divisions having the classes of in­ sioner, and requests that an abstract of the general public, and copies may be fur­ ventions to which the applications relate. disclosure thereof be published in the Official nished upon paying the fee therefor. The Applications shall be taken up for Gazette, that the complete application be file of any terminated interference opened to inspection by the general public examination by the examiner to whom upon publication of said abstract, and that involving a patent, or an application on they have been assigned in the order in the application be considered pending for the which a patent has subsequently issued, which they have been filed except for purpose of interference; and further the is similarly open to public inspection and those applications in which the Office undersigned expressly abandons said applica­ procurement of copies. See § 2.27 for has accepted a request filed under § 1.139. tion, the abandonment to take effect five (5) trademark files. years after the earliest U.S. effective filing 4. In § 1.103, add a new paragraph (d) date of the application unless within that (b) Applications in which the Office to read as follows: has accepted a request filed under § 1.139 period interference proceedings have been are open to inspection by the general § 1.103 Suspension o f action. initiated. public, and copies may be furnished upon (d) Action on applications in which(Sec. 1, 66 Stat. 792; 35 U.S.C. 6) paying the fee therefor. the Office has accepted a request filed E dward J. B renner, 2. In § 1.14, insert “Except as pro­ under § 1.139 will be suspended for the Commissioner of Patents. vided in § 1.11(b )” at the beginning of entire pendency of these applications Approved: April 9,1968. the first sentence of both paragraphs (a) except for purposes relating to proceed­ and (b), so that these paragraphs read: ings under § 1.201(b). Jo h n F. K incaid, § 1.14 Patent applications preserved in 5. In § 1.108, delete “and forfeited” in Assistant Secretary for secrecy. the title and the first sentence, and add Science and Technology. (a) Except as provided in § 1.11(b) “except those which have become [F.R. Doc. 68-4386; Filed, Apr. 10, 1968; pending patent applications are pre- abandoned as a result of the filing and 8:49 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5625 Proposed Rule Making

U.S.C. 553, that, pursuant to sections 8 § 318.13—3 Conditions o f movement. POST OFFICE DEPARTMENT and 9 of the Plant Quarantine Act of (a) To any destination. Any regulated 1912, as amended (7 U.S.C. 161, 162) and [ 39 CFR Part 151 1 articles may be moved interstate from section 106 of the Federal Plant Pest Hawaii in accordance with this subpart SERVICE IN POST OFFICES; BOX Act (7 U.S.C. 150ee), it is proposed to to any destination if (1) such movement RENTALS amend the regulations and administra­ is authorized by a valid certificate and is tive instructions supplemental to the made in accordance with the conditions Notice of Extension of Time for quarantine relating to the interstate of any applicable compliance agreement, Filing Comments movement of Hawaiian fruits and or (2) the articles are exempted from vegetables (7 CFR 318.13a, 318.13-1 et certificate or limited permit require­ In the daily issue of March 1, 1968 (33 seq.) as follows: F.R. 3639) the Post Office Department ments by administrative instructions. published a notice of proposed rule mak­ 1. Amend the section heading and (b) To restricted destinations. Smooth ing consisting of a change in box rental subparagraph (a) (4) of § 318.13a, and Cayenne ; fresh fruit cocktail; procedures. It was proposed to amend add a new paragraph (c) to said section, inflight baskets of fruit; and cut flowers to read, respectively, as follows: paragraph (b) (4) of § 151.3 of Title 39, as defined in § 318.13-1 (c) (except cut Code of Federal Regulations to provide § 318.13a Administrative in str u c tio n s blooms of gardenia, mauna loa, and jade for no new rental arrangements for non­ providing exemptions from specified vine, and leis thereof) may be moved existent boxes or for boxes in excess of requirements. interstate from Hawaii under limited permit, to a destination specified in the the number already held by any one (a) * * * patron. In addition, it was proposed that permit, directly from an establishment (4) Beets, rutabagas, and turnips; operated in accordance with the terms the present boxholders of nonexistent when without tops. boxes and the present holders of boxes of a compliance agreement executed by (b) * * * the operator of the establishment, if the in excess of one at any one post office (c) Coconuts may be moved interstate would be permitted to continue renting articles have not been exposed to infes­ from Hawaii without restriction under tation and they are not accompanied by them until midnight June 30, 1970. Ef­ this subpart. fective July 1, 1970, it was proposed to any articles prohibited interstate move­ provide that only post office boxes located 2. Amend paragraph (c) of § 318.13-1, ment under this subpart. and add to § 318.13-1 new paragraphs (c) Segregation of certified articles. in space accessible to the public could * * * be rented and that only one box would be (1), (ml* and (n), to read, respectively, assigned each patron at any one post as follows: 5. Amend § 318.13-4 to read as follows: office. § 318.13—1 Definitions. § 318.13—4 Conditions governing the Interested persons were given 30 days ***** issuance o f certificates or limited per­ in which to submit written data, views, mits. and arguments concerning the proposals. * (c) Cut flowers. Any cut blooms, fresh Such comments were to be submitted to foilage customarily used in the florist Certificates or limited permits may be the Director, Classification and Special trade, and dried decorative plant issued for the movement of articles Services Division, Bureau of Operations, material. allowed movement in accordance with Post Office Department, Washington, * * * * * the regulations in this subpart under the following conditions: D.C. 20260. In view of the interest shown, (l) Compliance agreement. An agree­ the Department has decided to extend (a) Certification on basis of inspec­ ment to comply with stipulated condi­ tion or nature of lot involved. Fruits and the time for filing comments an addi­ tions as prescribed under § 318.13-3 (b) tional 30 days in order that all interested vegetables designated in § 318,13-2(b) or § 318.13-4(b), executed by any per­ may be certified when they have been parties have adequate time to express son to facilitate the interstate movement their views concerning these proposals. inspected by an inspector and found ap­ of regulated articles under this subpart. parently free from infestation and infec­ Accordingly, the public is invited to sub­ (m) Limited permit. A document mit such written views to the above tion, or without such inspection when the issued by an inspector for the interstate inspector determines that the lot for official any time prior to the 30th day movement of regulated articles to a spec­ following the date of publication of this shipment is of such a nature that no ified destination for consumption, or danger of infestation or infection is notice in the F ederal R egister. limited utilization or processing, or treat­ involved. (5 U.S.C. 301, 39 U.S.C. 501) ment, in conformity with a compliance (b) Certification on basis of treat­ agreement. T im o t h y J. M a y , ment. Fruits, vegetables, and other General Counsel. (n) Director. The Director of the products designated in § 3].8.13, which April 8, 1968. Plant Quarantine Division, Agricultural are not listed in § 318.13-2 (b) and for Research Service, U.S. Department of which treatments may be approved by [F.R. Doc. 68-4298; Filed, Apr. 10, 1968; Agriculture, or any officer or employee 8:46 a.m.] the Director of the Plant Quarantine of the Division to whom authority to Division, may be certified if such treat­ act in his stead has been or may here­ ments have been applied under the ob­ after be delegated. servation of an inspector in accordance § 318.13-2 [Amended] with administratively approved pro­ departm ent of agriculture cedure and if the articles were handled 3. Amend § 318.13-2 (b) by deleting Agricultural Research Service after such treatment in accordance with from the list of fruits and vegetables conditions prescribed in a compliance I 7 CFR Part 318 1 therein, the item “Coconuts (Cocos agreement executed by the applicant for nucifera), in mature green or mature the certificate or were handled after HAWAIIAN AND TERRITORIAL brown condition”. such treatment under such supervision QUARANTINE NOTICES 4. Amend § 318.13-3 by redesignating of an inspector as the inspector may re­ Notice of Proposed Rule Making paragraph (b) as paragraph (c) ; and quire. Any treatment that may be ap­ by revising paragraph (a) and adding a proved must be applied at the expense of ** hereby given under the new paragraph (b) to read, respectively, the shipper, owner, or person in charge ammistrative procedure provisions of 5 as follows : of such articles. The Department of

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5626 PROPOSED RULE MAKING

Agriculture or its inspector will not be Hawaii under § 318.13-10, (2) the car­ the United States, to determine whether responsible for loss or damage result­ rier has on file documentary evidence such packages contain fruits, vegetables, ing from any treatment prescribed or that a valid certificate or limited permit or other regulated articles, the move­ supervised. was issued to cover such movement, and ment of which is not authorized under (c) Limited permits. Limited permits (3) a notation of such documentation is this subpart, to examine such articles for may be issued by an inspector for the made by the carrier on the waybill that plant pests, and to notify the postmaster movement of noncertified regulated accompanies the shipment. in writing of any violation of this sub­ articles designated in § 318.13-3 (b), to 8. (a) Amend the first sentence in part or Part 330 of this chapter in specified destinations for consumption, § 318.13-8 to read as follows: connection therewith. or limited utilization or processing, or 11. Add a new § 318.13-16 to read as treatment. § 318.13—8 Inspection o f vessels. follows: All ships, vessels, and other surface (d) Compliance agreements. As a con­ § 318.13—16 Costs and charges. dition of issuance of a limited permit, or craft from Hawaii, upon coming within a certificate under paragraph (b) of this the territorial waters of the continental Services of the inspector during regu­ section, for the movement of regulated United States, Guam, Puerto Rico, or the larly assigned hours of duty at the usual articles for which a compliance agree­ Virgin Islands of the United States, shall places of duty shall be furnished without ment is required, the person applying be subject to examination by inspectors cost to the one requesting such services. for the permit or certificate must sign a for the purpose of ascertaining by in­ The Division will not assume responsi­ compliance agreement stipulating that spection whether any of the articles or bility for any costs or charges, other than he will use all such permits or certificates insects prohibited movement by the those indicated in this section, in con­ issued to him in accordance with the quarantine and regulations in this sub­ nection with the inspection, treatment, provisions thereof and of the compliance part or part 330 of this Chapter are con­ conditioning, storage, forwarding, or any agreement; will maintain at his estab­ tained in such ships, vessels, or other other operation of any character inci­ lishment such safeguards against the surface craft, or in cargo containers in dental to the physical movement of regu­ lated articles or plant pests. establishment and spread of infestation such craft, or whether there remains any infestation therefrom. * * * 12. Add a new § 318.13-17 to read as and infection and comply with such con­ follows: ditions as to the maintenance of identity, §§ 318.13—9, 318.13—11 [Amended] handling (including post treatment han­ § 318.13—17 Cancellation of certificates, dling), and interstate movement of reg­ (b) Amend §§ 318.13-9 and 318.13-11 limited permits, or compliance agree­ ulated articles under such permits or by inserting the phrase “ or part 330 of ments. this chapter” after the phrase “said certificates and the cleaning and treat­ Any certificate, limited permit, or com­ ment of means of conveyance and con­ quarantine and regulations” each time the latter phrase appears therein. pliance agreement that has been issued tainers used in such movement of the in accordance with this subpart may be articles, as may be required by the in­ § 318.13—10 [Amended] withdrawn or canceled by the Director, spector in each specific case to prevent after notice and reasonable opportunity the spread of infestation or infection; (c) Amend § 318.13-10, § 318.13-12(a) and the first sentence in § 318.13-12 (b) to present views has been accorded to and will allow inspectors to inspect the the party to whom such document has establishment and operations thereof. by inserting the phrase “of part 330 of this chapter” after the word “subpart” been issued, if the Director determines § 318.13—5 [Amended] each time said word appears therein. that such party has failed to comply with any condition for the use of any such 6. Amend § 318.13-5 by deleting there­ 9. Amend § 318.13-12 by providing document imposed by this subpart. from the sentence reading, “All costs, in­ paragraph titles and amending the second sentence of paragraph (b) thereof (Secs. 8, 9, 37 Stat. 318, as amended, sec. 106, cluding storage, transportation, and 71 Stat. 33; 7 U.S.C. 161, 162, 150ee. 29 F.R. labor incident to inspection, other than to read, respectively, as follows: 16210, as amended, 30 F.R. 5799, as amended) the services of the inspector shall be paid § 318.13—12 Inspection of baggage and The major purpose of the, proposed by the shipper.” cargo. 7. Amend § 318.13-6 to read as fol­ amendments is to provide (§§ 318.13-3 lows: (a) Baggage inspection. * * * and 318.13-4) for the issuance of limited (b) Container inspection. * * * If permits that would authorize the move­ § 318.13—6 Type and marking of con­ any such prohibited article, or any in­ ment for consumption, or limited utiliza­ tainers; certificate or limited permit jurious insect or any fruit or vegetable tion or processing, or treatment, of cer­ to accompany shipment, exception. infested with plant pests, is found, the tain uncertified regulated articles in con­ (a) Containers. Each container of inspector may order the return of the formity with a compliance agreement; to articles for which a certificate or limited article to the place of origin under safe­ require the execution of a compliance permit is required under the regulations guards satisfactory to him, or otherwise agreement as a condition of the issuance in this subpart shall be new or of mate­ dispose of it, or such part thereof as in of certificates for regulated articles based rials approved by an inspector and shall his judgment is necessary to comply with on treatment of the articles; and to out­ be plainly marked for identification pur­ the quarantine and regulations in this line the conditions that may be included poses as required by the inspector, and, subpart and part 330 of this chapter, in in compliance agreements. The proposed except as provided in paragraph (b), accordance with section 10 of the Plant § 318.13-1 would define the terms shall be accompanied by a certificate or Quarantine Act and section 105 of the “limited permit” and “compliance agree­ limited permit issued in compliance with Federal Plant Pest Act (7 U.S.C. 164a, ment.” The term “Director” also would the regulations in this subpart. In the 150dd) and instructions issued by the be defined. The proposed amendment of case of shipments consisting of regulated Director of the Plant Quarantine paragraph (c) of § 318.13-1 would articles in more than one container or in Division. broaden the definition of cut flowers. The proposed amendment of § 318.13a bulk, the certificate or limited permit (c) Cargo loading or unloading. * * * covering the lot shall be attached to or would delete bitter melons, Cavendish 10. Add a new § 318.13-15 to read as bananas, Bluefield b a n a n a s (Gros stamped on the accompanying waybill, follows: manifest, or bill of lading. Michel), and zucchini squash from the list of fruits and vegetables that may be (b) Identification of precleared ship­ § 3 1 8 .1 3 —15 Parcel post inspection. moved without certification or other ments. Certificates or limited permits Inspectors are authorized in accord­ restriction from Hawaii into or through need not accompany regulated articles ance with the postal laws and regulations Guam. These articles are hosts of the moving interstate from Hawaii as air and in cooperation with employees of the oriental fruit fly that exists in Hawaii. cargo or containerized cargo on ships U.S. Post Office Department, to inspect This fruit fly has now been eradicated on when (1) such articles have been in­ parcel post packages placed in the mails the Island of Guam. It is therefore pro­ spected or treated and precleared in in Hawaii and destined to other parts of posed that the four articles when

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 PROPOSED RULE MAKING 5627 destined to Guam, be required to be certi­ [21 CFR Parts 121, 146a, 146b, fied on the basis of the treatments pre­ DEPARTMENT OF HEALTH, EDU­ 146c, 146d, 146e 1 scribed in the administrative instructions in § 318.13-4rb in the same manner as CATION, AND WELFARE ANTIBIOTICS required for shipm ent to other Proposed Amendments Regarding destinations. Food and Drug Administration Use in Animals The proposed amendment of § 318.13a [ 21 CFR Part 31 1 also would exempt coconuts moving In accordance with the statement of interstate from Hawaii from all certifica­ NONALCOHOLIC BEVERAGES policy regarding antibiotics used in food- tion or limited permit requirements. Proposal To Remove Nordihydrogua- producing animals (21 CFR 3.25) pro­ Experience has indicated that there is no iaretic Acid From List of Optional mulgated elsewhere in this issue of the appreciable pest risk involved in the F ederal R egister, new food additive reg­ movement of coconuts from Hawaii. Ingredients Permitted in Soda ulations and amendments to existing Reference to coconuts in §§ 318.13-2(b) Water antibiotic drug regulations are proposed and 318.13-3(a) would b e d e l e t e d The Commissioner of Food and Drugs, as follows to provide for the safe and accordingly. having considered the announced action effective use of certain antibiotic drugs in It is proposed that a sentence be of the Canadian Food and Drug Direc­ the treatment of animals. deleted from § 318.13-5, the subject torate proposing the banning of nordi- A. Pursuant to the authority vested matter to be expanded in a proposed hydroguaiaretic acid for food use, and in the Secretary of Health, Education, addition designated as § 318.13-16. other relevant information, proposed in and Welfare by the Federal Food, Drug, and Cosmetic Act (sec. 409(d), 72 Stat. A change in § 318.13-6 is proposed the F ederal R egister of November 22, largely to provide for the adequate 1967 (32 F.R. 16048), that nordihydro- 1787; 21 U.S.C. 348(d)) and delegated by identification of noncertified articles guaiaretic acid be removed from the list him to the Commissioner of Food and moving under limited permit and in con­ of substances generally recognized as Drugs (21 CFR 2.120), it is proposed that formity with a compliance agreement. safe by deleting it from § 121.101(d) (2) Part 121 be amended by adding to Sub­ The proposed change in § 318.13-8 of the food additive regulations (21 CFR part C four new sections, as follows: would recognize the increasing use of 121.101(d) (2)). § 121.314 Sodium penicillin (penicillin cargo containers in ocean transportation Notice is given that the Commissioner sodium, penicillin sodium salt), cal­ and the necessity for inspection of their of Food and Drugs, on his own initiative cium penicillin (penicillin calcium, contents. and subject to an affirmative ruling on penicillin calcium salt), crystalline New §§318.13-15 and 318.13-16 are the above-mentioned proposal, also pro­ penicillin (crystalline penicillin so­ proposed to authorize plant quarantine poses that the standard of identity for dium, crystalline penicillin sodium inspection in U.S. Post Offices in cooper­ salt, crystalline penicillin potassium, soda water be amended to remove nordi- crystalline penicillin potassium salt, ation with the Post Office Department hydroguaiaretic acid from the list of crystalline penicillin G sodium, crys­ and to include a standardized statement chemical preservatives permitted in that talline penicillin C sodium salt, crys­ concerning the costs that will be as­ beverage. talline penicillin G potassium, crys­ sumed by the Department. Addition of Accordingly, it is proposed that § 31.1 talline penicillin G potassium salt, the later section would permit dele­ Soda water; identity; label statement of crystalline penicillin O sodium, crys­ tion of a sentence relating to costs in optional ingredients be amended by talline penicillin O sodium salt, crys­ § 318.13-5, as proposed. deleting “nordihydroguaiaretic acid” talline penicillin O potassium, crys­ A new § 318.13-17 is proposed to pro­ from the list of chemical preservatives in talline penicillin O potassium salt). vide an orderly manner for canceling paragraph (b )(10). (a) Sodium penicillin (penicillin so­ certificates, limited permits; and com­ Pursuant to the provisions of the Fed­ dium, penicillin sodium salt), calcium pliance agreements when the holder eral Food, Drug, and Cosmetic Act (secs. penicillin (penicillin calcium, penicillin thereof has failed to carry out the appli­ 401, 701, 52 Stat. 1046, 1055, as amended calcium salt), crystalline penicillin cable conditions. 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, (crystalline penicillin sodium, crystalline In addition minor changes are pro­ 371) and in accordance with the author­ penicillin sodium salt, crystalline peni­ posed in §§ 318.13-4(a ), 318.13-9, 318.13- ity delegated to the Commissioner of cillin potassium, crystalline penicillin po­ 10, 318.13-11, and 318.13-12 for clarifica­ Food and Drugs by the Secretary of tassium salt, crystalline penicillin G tion or editorial reasons. Health, Education, and Welfare (21 CFR sodium, crystalline penicillin G sodium All persons who desire to submit writ­ salt, crystalline penicillin G potassium, 2.120), all interested persons are invited crystalline penicillin G potassium salt, ten data, views, or arguments in con­ to submit their views in writing, prefer­ nection with this matter should file the crystalline penicillin O sodium, crystal­ same with the Director of the Plant ably in quintuplicate, regarding this pro­ line penicillin O sodium salt, crystalline Quarantine Division, Agricultural Re­ posal. Such views and comments should penicillin O potassium, crystalline pen­ search Service, U.S. Department of Agri­ be addressed to the Hearing Clerk, icillin O potassium salt) comply with the culture, Hyattsville, Md. 20782, within Department of Health, Education, and requirements of § 146a.24 of this chapter. *frday$ after the date of publication of (b) Each such additive is used or in­ Welfare, Room 5440, 330 Independence tended for use in the treatment of food- this notice in the F ederal R egister. All Avenue SW., Washington, D.C. 20201, written submissions made pursuant to producing animals, as follows : tnis notice will be made available foi within 30 days following the date of (1) (i) As an intravenous or intramus­ cular injection in an amount not to ‘Public inspection at times and places publication of this notice in the F ederal exceed 2,000 units per pound of body and in a manner convenient to the public R egister, and may be accompanied by business (7 CFR 1.27(b)) weight per day. a memorandum or brief in support (ii) The labeling shall bear the state­ Done at Washington, D.C., this 29th thereof.- ment “Warning—The use of this drug day of March 1968. Dated: April 1,1968. must be discontinued for 5 days before treated animals are slaughtered for SEAL^ R . J. A nderson, J. K . K ir k , food.” Acting Administrator, Associate Commissioner (iii) If the drug is intended for use in Agricultural Research Service. for Compliance. animals, producing milk for human [PR. Doc. 68-4320; Piled, Apr. 10, 1968; [F.R. Doc. 68-4323; Filed, Apr. 10, 1968; consumption, the labeling shall also bear 8:47 a.m.] 8:48 a.m.] the statement “Milk that has been taken

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5628 PROPOSED RULE MAKING from animals during treatment and ceed 2,000 units per pound of body weight cited above, it is proposed that Parts f o r ___ hours (____ milkings) after the per day. 146a, 146b, 146c, 146d, and 146e of the latest treatment must not be used for (ii) The labeling shall bear the state­ antibiotic drug regulations be amended food,” the blanks being filled with the ment “Warning—The use of this drug in the following respects: figures 96 and 8 respectively, unless the must be discontinued for 5 days before 1. In § 146a.l9 Benzathine phenoxy- sponsor of the drug has submitted the treated animals are slaughtered for methyl penicillin for aqueous injection results of tests and assays demonstrating food.” veterinary: that residues of the drug in milk from (iii) If the drug is intended for use in a. By deleting from paragraph (a) (1) treated animats persist for a shorter animals producing milk for human con­ the words “not less than” . period of time and the shorter period is sumption, the labeling shall also bear the b. By deleting from the last sentence authorized by the Commissioner. statement “Milk that has been taken of paragraph (b) the words “not less (iv) If the drug is intended for use infrom animals during treatment and for than”. poultry, the labeling shall bear a state­ ___ hours (_____ milkings) after the c. By revising paragraph (c) (1) (iii) ment that the drug is not to be used in latest treatment must not be used for to read as follows: birds producing eggs for Human con­ food,” the blanks being filled with the (iii) The statement “ Warning—Not sumption. figures 96 and 8 respectively, unless the for use in animals which are raised for (2) (i) As an intramammary infusionsponsor of the drug has submitted the food production.” injection in an amount not to exceed results of tests and assays demonstrat­ 2. By revising § 146a.24(c)(2) to read 100.000 units pqr dose. ing that residues of the drug in milk from as follows: (ii) Its labeling shall comply with thetreated animals persist for a shorter pe­ (2) It is packaged for dispensing and requirements prescribed in subparagraph riod of time and the shorter period is it is intended solely for veterinary use. (1) (iii) of this paragraph. authorized by the Commissioner. (i> Its label and labeling shall comply § 121.315 Procaine penicillin for aque­ (iv) If the drug is intended for use in with all the requirements prescribed by ous injection. poultry, the labeling shall bear a state­ subparagraph (1) of this paragraph, ex­ ment that the drug is not to be used cept that in lieu of the statement “Cau­ (a) Procaine penicillin for aqueous in birds producing eggs for human injection complies with the requirements tion: Federal law prohibits dispensing consumption. without prescription,” each package shall of § 146a.47 of this chapter. (2) (i) As an intramammary infusion include information containing direc­ (b) It is used or intended for use in the injection In an amount not to exceed treatment of food-producing animals, as tions and warnings adequate for the 100.000 units per dose. veterinary use of the drug by the laity. follows: (ii) Its labeling shall comply with the (ii) If it is intended for use in animals (1) (i) As an Intravenous or intramus­ requirements prescribed in subparagraph cular injection in an amount not to ex­ (1) (iii) of this paragraph. raised for food production, it shall be ceed 2,000 units per pound of body used in accordance with § 121.314 of this weight per day. §121.317 2-Ephenamine penicillin G chapter. (ii) The labeling shall bear the state­ for aqueous injection. 3. By revising § 146a.25 (c) (2) to read ment “Warning—The use of this drug (a) 1 -Ephenamine penicillin G for as follows: must be discontinued for 5 days before aqueous injection complies with the re­ § 146a.25 Penicillin in oil and wax (cal­ treated animals are slaughtered for quirements of § 146a.66 of this chapter. cium penicillin in oil and wax, crys­ food.” (b) It is used or intended for use in talline penicillin in oil and wax). (iii) If the drug is intended for use in the treatment of food-producing animals, * * * * * animals producing milk for human con­ as follows: (c) * * * sumption, the labeling shall also bear the (1) (i) As an intravenous or intra­ (2) It is packaged for dispensing and statement “Milk that has been taken muscular injection in an amount not to it is intended solely for veterinary use. from animals during treatment and for exceed 2,000 units per pound of body Its label and labeling shall comply with ____hours (_____ milkings) after the weight per day. all the requirements prescribed by sub- latest treatment must not be used for (ii) The labeling shall bear the state- . paragraph (1) of this paragraph, except food,” the blanks being filled with the ment “Warning—The use of this drug that in lieu of the statement “ Caution : figures 96 and 8 respectively, unless the must be discontinued for 5 days before Federal law prohibits dispensing without sponsor of the drug has submitted the treated animals are slaughtered for prescription,” each package shall include results of tests and assays demonstrat­ food.” information containing directions and ing that residues of the drug in milk from (iii) If the drug is intended for use in warnings adequate for the veterinary use treated animals persist for a shorter pe­ animals producing milk for human con­ of the drug by the laity and the state­ riod of time and the shorter period is sumption, the labeling shall also bear the ment “Warning— Not for use in animals authorized by the Commissioner. statement “Milk that has been taken which are raised for food production.” (iv) If the drug is intended for use in from animals during treatment must not 4. In § 146a.45 Procaine penicillin G poultry, the labeling shall bear a state­ be used for food,” the blanks being filled in oil: ment that the drug is not to be used with the figures 96 and 8 respectively, in birds producing eggs for human unless the sponsor of the drug has sub­ a. By deleting from the fifth sentence consumption. mitted the results of tests and assays of paragraph (a) the words “or sub­ (2) (i) As an intramammary infusion demonstrating that residues of the drug cutaneous injection in fowl”. injection in an amount not to exceed in milk from treated animals persist for b. By deleting from the sixth sentence 100.000 units per dose. a shorter period of time and the shorter of paragraph (a) the words “or if pack­ (ii) Its labeling shall comply with the period is authorized by the Commissioner. aged and labeled solely for subcutaneous requirements prescribed in subparagraph (iv) If the drug is intended for use in injection in fowl, the procaine penicillin (1) (iii) of this paragraph. poultry, the labeling shall bear a state­ G used is exempt from the requirements ment that the drug is not to be used of paragraph (a) (2) and (3) of that § 121.316 Procaine penicillin and buf­ section” . fer red crystalline p e n ic illin for in birds producing eggs for human aqueous injection. consumption. c. By deleting from the first sentence (2) (i) As an intramammary infusion of paragraph (b) the words “or sub­ (a) Procaine penicillin and buffered injection in an amount not to exceed cutaneous injection in fowl” and by re­ crystalline penicillin for aqueous injec­ 100.000 units per dose. vising the third sentence to read “ Unless tion comply with the requirements of (ii) Its labeling shall comply with the it is packaged for repacking each such § 146a.50 of this chapter. requirements prescribed in subparagraph container shall contain not less than l (b) Each such additive is used or in­ (1) (iii) of this paragraph. milliliter and not more than 20 milliliters tended for use in the treatment of food- B. Tinder the authority vested in the of procaine penicillin in oil, except if it producing animals, as follows: Secretary of Health, Education, and Wel­ is packaged and labeled solely for veteri­ (1) (i) As an intravenous or intramus­ fare by the Act (sec. 507, 59 Sfeat. 463, as nary use it shall contain not more than cular injection in an amount not to ex­ amended; 21 U.S.C. 357), delegated as 10 milliliters.”

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 PROPOSED RULE MAKING 5629

d. By changing the comma after the requirements prescribed by subpara­ (c) * * * “laity” in paragraph (c) (2) (i) to a graphs (1) and (2) of this paragraph, ( 2) * * * period and deleting the rest of the except that in lieu of the statement (iii) Each package shall bear on its sentence. “Caution: Federal law prohibits dis­ label and labeling the statement “Warn­ e. By adding to paragraph (c) (2) a pensing without prescription” each pack­ ing—Not for use in animals which are new subdivision (iii) reading as follows: age shall include information contain­ raised for food production.” (iii) Each package shall bear on its ing directions and warnings adequate for 10. By revising § 146a.75(c) (2) to read label and labeling the statement “ Warn­ the veterinary use of the drug by the as follows: ing_Not for use in animals'which are laity and the statement “Warning—Not § 146a.75 Diethylaminoethyl ester peni­ raised for food production.” for use in animals which are raised for- cillin G hydriodide for aqueous injec­ f. By deleting from paragraph (d) (2) food production.” tion (penicillin G diethylaminoethyl (i) and (ii), respectively, the words “ or 7. By revising § 146a.65(c) (2) to read ester hydriodide for aqueous injec­ subcutaneous injection in fowl” . as follows: tion). 5. By adding to § 146a.47Cc) (2) a new § 146a.65 I-Ephenamine penicillin G in ***** subdivision, as follows: oil. (C) * * * § 146a.47 Procaine penicillin for aque­ * * * * * (2) It is packaged for dispensing and ous injection. (C ) * * * intended solely for veterinary use. Its ***** (2) ft is packaged for dispensing and labeljmd labeling shall comply with all the requirements prescribed by subpara­ (C) * * * it is intended solely for veterinary use. (iii) If it is intended for use in animals Its label and labeling shall comply with graph (1) of this paragraph, except that raised for food production, it shall be all the requirements prescribed by sub- in lieu of the statement “Caution: used in accordance with § 121.315 of this paragraph (1) of this paragraph, ex­ Federal law prohibits dispensing without ch&pfccr. cept that in lieu of the statement “Cau­ prescription” each package shall include 6. By revising § 146a.58 (b) and (c) tion: Federal law prohibits dispensing information containing directions and (3) to read as follows: without prescription” each package shall warnings adequate for the veterinary use include information containing direc­ of the drug by the laity and the statement § 146a.58 Penicillin-streptomycin; peni­ tions and warnings adequate for the “Warning—Not for use in animals which cillin-dihydrostreptomycin veteri­ veterinary use of the drug by the laity are raised for food production.” nary. and the statement “Warning—Not for 11. By revising § 146a.77(c) (2) to read * * * * * use in animals which are raised for food as follows: (b) Packaging. In all cases the im­ production.” § 146a.77 Benzathine penicillin G for mediate containers shall be tight con­ 8. By revising § 146a.66(c) (2) to read aqueous injection. tainers as defined by the U.S.P., shall be as follows: * * * * * sterile at the time of filling and closing, shall be so sealed that the contents can­ § 146a.66 1-Ephenemine penicillin G for (C) * * * not be used without destroying such aqueous injection. (2) It is packaged for dispensing and seal, and shall be of such composition as * * ♦ * * intended solely for veterinary use. Its will not cause any change in the strength, (C) * * * label and labeling shall comply with all the requirements prescribed by subpara­ quality, or purity of the contents beyond (2) It is packaged for dispensing and any limit therefor in applicable stand­ graph (1) of this paragraph, except that it is intended solely for veterinary use. in lieu of the statement “Caution: ards, except that minor changes so (1) Its label and labeling shall comply caused that are normal and unavoidable Federal law prohibits dispensing without with all the requirements prescribed by prescription” each package shall include in good packaging, storage, and distribu­ subparagraph (p of this paragraph, ex­ tion practice shall be disregarded. In information containing directions and cept that in lieu of the statement “Cau­ warnings adequate for the veterinary use case it is packaged for dispensing, it shall tion: Federal law prohibits dispensing be in immediate containers of colorless of the drug by the laity and the state­ without prescription” each package shall ment “Warning—Not for use in animals (unless it is intended solely for veterinary include information containing direc­ use), transparent glass, closed by a sub­ which are raised for food production.” tions and warnings adequate for the 12. By revising § 146a.80(c) (2) to read stance through which a hypodermic veterinary use of the drug by the laity. needle may be introduced and withdrawn as follows: (ii) If it is intended for use in animals without removing the closure or destroy­ § 146a.80 penicillin O ing its effectiveness. Unless it is a single­ raised for food production, it shall be used in accordance with § 121.317 of this for aqueous injection. dose container that contains not less * * ♦ * * than 300,000 units, each such container chapter. shall contain 300,000 units, 600,000 units, 9. In § 146a.67 by revising paragraph (c) 900.000 units, 1,500,000 units, or 3,000,- (a) (1) and by adding to paragraph (c) (2) It is packaged for dispensing and 000 units of procaine penicillin, crystal­ (2) a new subdivision (iii), as follows: intended solely for veterinary use. Its line sodium penicillin, potassium peni­ label and labeling shall comply with all § I46a.67 Procaine penicillin in strepto­ the requirements prescribed by subpara­ cillin, or Z-ephenamine penicillin G and mycin solution; procaine pen­ not less than 0.25 gram of streptomycin graph (1) of this paragraph, except that icillin in dihydrostreptomycin sulfate in lieu of the statement “Caution: Fed­ for each 300,000 units of penicillin, ex­ solution veterinary (procaine peni­ cept that if it is a mixture of two salts of cillin in crystalline dihydrostreptomy­ eral law prohibits dispensing without P®^cihin it shall contain not less than cin sulfate solution veterinary). prescription” each package shall include 100.000 units of crystalline sodium peni- information containing directions and (a) * * * warnings adequate for the veterinary use OAft11 or P°tassium penicillin for each 300.000 units of procaine penicillin, and (1) Each milliliter shall contain not of the drug by the laity and the state­ u it is intended for veterinary use it con­ less than 100,000 units of procaine ment “Warning—Not for use in animals tains not more than 0.5 gram of strepto- penicillin and not less than 0.25 gram of which are raised for food production.” or 0-5 gram of dihydrostreptomy- streptomycin sulfate or dihydrostrep­ 13. In § 146b.101 Streptomycin sul­ cm. Each such container may be pack­ tomycin sulfate, but each immediate con­ fate, * * *: aged in combination with a container of tainer shall contain not less than 300,000 a. By revising the last sentence of a solvent consisting of water for injec­ units of procaine penicillin and not less paragraph (b) to read “Each such con­ tion U.S.P., dextrose injection U.S.P., or than 0.25 gram of streptomycin sulfate or tainer shall contain 0.5 gram, 1.0 gram, injection U.S.P. dihydrostreptomycin sulfate; except if 2.0 grams, 3.0 grams, 4.0 grams, 5.0 (c) * * * it is packaged for veterinary use each grams, or 10.0 grams, and each may be such container shall contain not more packaged in combination with a con­ .. H ts packaged for dispensing and than 0.5 gram of streptomycin sulfate or tainer of the solvent water for injection T+e*! ^^nded solely for veterinary use. dihydrostreptomycin sulfate; U.S.P., dextrose injection 5 percent label and labeling shall comply with ***** U.S.P., or physiological salt solution

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5630 PROPOSED RULE MAKING

U.SP., except that if it is intended for § 146c.221 Tetracycline hydrochloride its label and labeling shall bear the state­ veterinary use each such container shall for intramuscular use; tetracycline ment “Warning—Not for lose in animals contain 0.5 gram.” phosphate complex for intramuscu­ which are raised for food production.” b. By revising paragraph (c) (2) to lar use. All interested persons are invited to read as follows: * * * * * submit their views in writing, preferably (2) It is packaged for dispensing and (C) * * * in quintuplicate, regarding this proposal it is intended solely for veterinary use. (2) It is packaged for dispensing and within 60 days following the date of pub­ Its label and labeling shall comply with intended solely for veterinary use. Its lication of this notice in the F ederal all the requirements prescribed by sub- label and labeling shall comply with all R egister. Such views and comments paragraph (1) of this paragraph, except the requirements prescribed by subpara­ should be addressed to the Hearing Clerk, that in lieu of the statement “ Caution: graph (1) of this paragraph, except that Department of Health, Education, and* Federal law prohibits dispensing without in lieu of the statement “Caution : Fed­ Welfare, Room 5440, 330 Independence prescription,” each package shall include eral law prohibits dispensing without Avenue SW., Washington, D.C. 20201, information containing directions and prescription” e&ch package shall include and may be accompanied by a memo­ warnings adequate for the veterinary use information containing directions, and randum or brief in support thereof. of the drug by the laity and the state­ warnings adequate for the veterinary use Dated: April 3,1968. ment “Warning—Not for use in animals of the drug by the laity and the state­ ment “Warning—Not for use in animals Jam es L. G oddard, which are raised for food production.” Commissioner o f Food and Drugs. 14. In § 146b.l06 Streptomycin sulfate which are raised for food production.” solution; * * *: 17. By revising § 146d.301(c) (2) to read [F.R. Doc. 68-4325; Filed, Apr. 10, 1968; 8:48 a.m.] a. By revising the last sentence of as follows: paragraph (b) to read “Each such con­ §. 146d.301 Chloramphenicol. tainer shall contain not less than 1.0 * * • * # milliliter and not more than 20 milli­ (C) * * * DEPARTMENT OF liters, except if it is intended for (2) If it is intended solely for veteri­ veterinary use each such container shall nary use. Its label and labeling shall com­ contain not more than 0.5 gram of strep­ ply with all the requirements of subpara­ Federal Aviation Administration tomycin sulfate or dihydrostreptomycin graph (1) of this paragraph, except sub-' sulfate.” divisions (i) (a) and (ii) ; and in lieu of [ 14 CFR Part 391 b. By revising paragraph Cc) (2) to the statement “Caution: Federal law [Docket No. 7842] read as follows: prohibits dispensing without prescrip­ (2) It is packaged for dispensing and tion,” it shall be labeled in accordance AIRWORTHINESS DIRECTIVES with the requirements prescribed by it is intended solely for veterinary use. Rolls Royeo Spey Models 506-14, Its label and labeling shall comply with §1.106(c) of this chapter, (regulations all the requirements prescribed by sub- issued under section 502(f) of the act), 510-14, 511-8, and 511-14 Air­ paragraph (1) (i) (a) and (ii) of this and bear on its label and labeling the plane Engines paragraph except that in lieu of the statement “Warning—Not for use in The Federal Aviation Administration statement “Caution: Federal law pro­ animals which are raised for food pro­ has under consideration a proposal to hibits dispensing without prescription,” duction.” amend Part 39 of the Federal Aviation each package shall include information 18. By revising § 146d.307 (c)(2) to Regulations to include an airworthiness containing directions and warnings ade­ read as follows: directive applicable to Rolls Royce Spey quate for the veterinary use of the drug § 146d.307 Chloramphenicol solution; Models 506-14, 510-14, 511-8, and 511-14. by the laity and the statement “Warn­ chloramphenicol for aqueous injec­ The notice of proposed rule making pub­ ing—Not for use in animals which are tion. lished in 32 F.R. 17895, required periodic raised for food production.” * * * * * inspection for and replacement of 15. By revising § 146c.201(c>(2> to (c) * * * cracked H.P. air system center section read as follows: (2) If it is intended solely for veteri­ duct, P/N EU.29670A with a duct of nary use. Its label and labeling shall com­ the same part number, or with P/R § 146c.201 Chlortetracycline hydrochlo­ EU.63415A. Subsequent to the issuance of ride (chlortetracycline hydrochloride ply with all the requirements of sub- paragraph (1) of this paragraph, ex­ the proposal, it has been determined ;a lt). that P/N EU.63415A is also subject to * * * * * cept subdivisions (1) (o> and (iii> ; and in lieu of the statement “Caution: Fed­ failure and that a stainless steel wire (C) * * * eral law prohibits dispensing without braid wrap around the air duct would (2) It is packaged for dispensing and prescription,” it shall be labeled in ac­ contain a failure thus preventing sec­ it is intended solely for veterinary use. cordance with the requirements pre­ ondary nacelle damage and would pro­ Its label and labeling shall bear the state­ scribed by § 1.106(c) of this chapter vide an increased measure of strength. ment “Warning—Not for use in animals (regulations issued under section 502(f) In view of the foregoing, the proposed which are raised for food production” of the act and bear on its label and label­ AD, published in 32 F.R. 17895, on De­ and shall comply with all the require­ ing the statement “Warning—Not for use cember 14, 1967, is hereby withdrawn, ments prescribed by subparagraph (1) of in animals which are raised for food pro­ and a new airworthiness directive is pro­ this paragraph; except, if it is not in­ duction.” posed requiring the initial inspection oi tended for intravenous use, in lieu of 19. By revising § 146e.401(c) (2) to P/N EU.63415A and the installation of a the statement “ Caution: Federal law read as follows: stainless steel wire braid wrap around prohibits dispensing without prescrip­ the ducts, in addition to the requirements tion,” each package shall include infor­ § 146e.401 Bacitracin. set forth in the original proposal. mation containing directions and warn­ * ♦ * * * Interested persons are Invited to par­ ings adequate for the veterinary use of (C ) * * * ticipate in the making of the proposed the drug by the laity. If it is intended for (2) It is packaged for dispensing and rule by submitting such written data, intravenous use, the labeling shall con­ intended solely for veterinary use. In ad­ views, or arguments as they may desire. form with the requirements prescribed dition to conforming with the require­ Communications should identify _ tn by § 1.106(c) of this chapter and to the ments prescribed by subparagraph (1) docket number and be submitted m requirements of subparagraph (1) (i) (i), (ii), and (iii) of this paragraph and duplicate to the Federal Aviation aq- and (ii) of this paragraph. with the requirements prescribed by ministration, Office of the General Coun­ 16. By revising § 146c.221(c) (2) to § 1.106(c) of this chapter (regulations sel, Attention: Rules Docket, 800 inde­ pendence Avenue SW., Washington, d . read as follows: issued under section 502(f) of the act),

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIt 11, 196« PROPOSED RULE MAKING 5631

[ 14 CFR Part 71 1 miles each side of the Billings ILS localizer 20590. All communications received on or east course, extending from the 8-mile radius before May 10, 1968, will be considered [Airspace Docket No. 68-CE-22] area to 8 miles east of the Billings RBN; that by the Administrator before taking airspace extending upward from 1,200 feet action upon the proposed rule. The TRANSITION AREA above the surface within a 25-mile radius proposals contained in this notice may of Billings VORTAC, extending from the be changed in the light of comments Proposed Alteration south edge of V -2 west of Billings clockwise received. All comments will be available» The Federal Aviation Administration to the southwest edge of V-19 southeast of both before and after the closing date is considering amending Part 71 of the Billings; within 10 miles southwest and 7 miles northeast of the Billings VORTAC 301° for comments, in the Rules Docket for Federal Aviation Regulations so as to radial, extending from the 25-mile radius area examination by interested persons. alter the transition area at Billings, to 49 miles northwest of the VORTAC; with­ This amendment is proposed under the Mont. in 10 miles southwest and 7 miles northeast authority of sections 313(a), 601, and 603 Interested persons may participate in of the Billings VORTAC 317° radial, extend­ of the Federal Aviation Act of 1958 the proposed rule making by submitting ing from the 25-mile radius area to 45 miles (49 U.S.C. 1354(a), 1421, and 1423). such written data, views, or arguments northwest of the VORTAC; within 10 miles as they may desire. Communications west and 7 miles east of the Billings VORTAC In consideration of the foregoing, it is should be submitted in triplicate to the 347" radial, extending from the 25-mile proposed to amend § 39.13 of Part 39 Director, Central Region, Attention: radius area to 42 miles north of the VORTAC; of the Federal Aviation Regulations by within 10 miles north and 8 miles south of adding the following new airworthiness Chief, Air Traffic Division, Federal the Billings VORTAC 096° radial, extending Aviation Administration, Federal Build­ from the 25-mile radius area’to 38 miles east directiver ing, 601 East 12th Street, Kansas City, of the VORTAC; and the area southeast of Bous Royce. Applies to Spey Engines Models Mo. 64106. All communications, received Billings bounded on the northeast by V-86, 506-14, 510-14, 511-8, and 511-14. within 45 days after publication of this on the south by latitude 45°20'00" N., and on the west by V-187; and that airspace Compliance required as indicated, unless notice in the F ederal R egister will be already accomplished. extending upward from 7,700 feet MSL with­ considered before action is taken on the in 8 miles each side of the Billings VORTAC To prevent or contain a possible failure of proposed amendment. No public hearing 096° radial, extending from 38 to 99 miles the H.P. center section air duct and thereby is contemplated at this time, but ar­ east of the VORTAC; and the area northwest prevent possible secondary powerplant dam­ rangements for informal conferences of Billings bounded on the northeast by age, accomplish the following: with Federal Aviation Administration V-187, on the southwest by V2-N, and on the (a) Within the next 300 hours’ time In officials may be made by contacting the northwest by the Lewistown, Mont., VORTAC service after the effective daté of this AD, 195° radial. visually inspect (with the aid of a mirror as Regional Air Traffic Division Chief. necessary) the high pressure air system Any data, views, or arguments pre­ This amendment is proposed under the oenter section duct, P/Ns EU.29670A and sented during such conferences must also authority of section 307 (a) of the Federal EU.63415A, particularly adjacent to welds, for be submitted in writing in accordance Aviation Act of 1958 (49 U.S.C. 1348). cracks (discoloration of the cowling and with this notice in order to become part engine adjacent to the duct may be indica­ of the record for consideration. The pro­ Issued at Kansas City, Mo., on March tive of a duct crack), and incorporate a posal contained in this notice may be 25, 1968. stainless steel wire braid wrap around the D aniel E. B arrow , high pressure air system center section duct, changed in the light of comments Acting Director, Central Region. P/Ns EU.29670A and EU.63415A, in accord­ received. ance with Rolls-Royce Service Bulletin No. A public docket will be available for [F.R. Doc. 68-4287; Filed, Apr. 10, 1968; SP. 75-86, dated November 20, 1967, or later examination by interested persons in the 8:46 a.m.] ARB-approved revision, or an equivalent Office of the Regional Counsel, Federal approved by the Chief, Aircraft Certification Staff, Europe, Africa, and Middle East Region. Aviation Administration, Federal Build­ [1 4 CFR Part 71 1 ing, 601 East 12th Street, Kansas City, (b) At the next scheduled aircraft in­ [Airspace Docket No. 68-CE-27] spection when the engine is un cowled after Mo. 64106. compliance with paragraph (a), and there­ Additional controlled airspace is TRANSITION AREA after at each scheduled aircraft inspection needed so that the Great Falls ARTC when the engine is un cowled, or at intervals Center can provide more effective and ef­ Proposed Alteration not to exceed 600 hours’ time in service from ficient radar vectoring services to IFR The Federal Aviation Administration the last inspection, whichever occurs first, aircraft operating on random routings inspect (with the aid of a mirror as neces­ is considering amending Part 71 of the sary) the exposed high pressure air system or direct flights between Great Falls, Federal Aviation Regulations so as to oenter section duct for signs of cracking and Mont., and Billings, Mont. Consequently, alter the transition area at Gaylord, the stainless steel wire braid wrap for secu­ in order to provide these services it is Mich. rity, distortion and discoloration. (Distortion necessary to alter the Billings 7,700-foot Interested persons may participate in or discoloration of the wire wrap may be MSL transition area by the inclusion of the proposed rule making by submitting indicative of a duct crack). additional airspace between V2-N and such written data, views, or arguments as (c) If defects are found during the in­ V-187 for a distance of approximately 65 they may desire. Communications should spection required by paragraphs (a) and nautical miles northwest of Billings. be submitted in triplicate to the Director, (b), before further flight replace as required The present designation of the Billings’ Central Region, Attention: Chief, Air the center section duct with a serviceable 700 and 1,200-foot floor transition areas P/N EU.29670A, or P /N EU.63415A duct and Traffic Division, Federal Aviation Admin­ a new stainless steel wire braid wrap. will not be changed as a result of this istration, Federal Building, 601 East 12th (d) Upon the request of an operator, an proposal. Street, Kansas City, Mo. 64106. All com­ FAA maintenance inspector, subject to prior In consideration of the foregoing, the munications received within 45 days after approval of the Chief, Aircraft Certification Federal Aviation Administration prb- publication of this notice in the F ederal Staff, PAA, Europe, Africa, and Middle East poses to amend Fart 71 of the Federal R egister will be considered before action Region, may adjust the repetitive inspection Aviation Regulations as hereinafter set is taken on the proposed amendment. No interval specified in this AD to permit com­ forth: pliance at an established inspection period public hearing is contemplated at this operator, if the request contains In § 71.181 (33 F.R. 2137), the following time, but arrangements for informal con­ substantiating data to justify the increase transition area is amended to read: ferences with Federal Aviation Adminis­ lor such operator. tration officials may be made by contact­ Billings, Mont. , ing the Regional Air Traffic Division Issued in Washington, D.C., on April That airspace extending upward from 700 Chief. 4, 1968. feet above the surface within an 8-mile radius Any data, views, or arguments pre­ of Logan Field (latitude 45°48'25" Ntj longi­ sented during such conferences must also R. S. Sliff, Acting tude 108°31'55'' W .); within a 12-mile radius be submitted in writing in accordance Director, Flight Standards Service. of Billings VORTAC, extending from a line 5 miles southeast of and parallel to the Bill­ with this notice in order to become part IP.R. Doc. 68-4286; Piled, Apr. 10, 1968; ings VORTAC 212° radial clockwise to the of the record for consideration. The pro­ 8:46 a.m.] Billings VORTAC 347° radial; and within 2 posal contained in this notice may be

~ _ ", FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 1 fr 1968 No. 71— i— 4 5632 PROPOSED RULE MAKING changed in the light of comments services. The present designation of the north and 5 miles south of the 087° bearing received. Gaylord 700- and 1,200-foot floor tran­ from Otsego County Airport, extending from sition areas will not" be changed as a the airport to 12 miles east of the airport; A public docket will be available for and within 5 miles each side of the 304° examination by interested persons in the result of this proposal. bearing from Otsego County Airport, extend­ Office of the Regional Counsel, Federal In consideration of the foregoing, the ing from the airport to V-193; that airspace Aviation Administration, Federal Build­ Federal Aviation Administration pro­ extending upward from 5,000 feet MSL within ing, 601 East 12th Street, Kansas City, poses to amend Part 71 of the Federal the area east of Gaylord bounded on the Mo. 64106. Aviation Regulations as hereinafter set northeast by V-45, on the southeast by V- 45W and on the west by V-297; and within Additional controlled airspace is forth : the area west and north of Gaylord bounded needed so that the Minneapolis ARTC In § 71.181 (33 F.R. 2137), the follow­ on the east by V-297, on the south by V-430 Center can provide more effective and ing transition area is amended to read: and on the northwest by V-193. efficient radar vectoring services to IFR Gaylord, Mich. This amendment is proposed under the traffic operating into and out of Emmet authority of section 307 (a) of the Federal County Airport, Pellson, Mich., from di­ That airspace extending upward from 700 Aviation Act of 1958 (49 U.S.C. 1348). rect routes and/or jet routes which are feet above the surface within a 6-mile radius being set up between Detroit and Sault of Otsego County Airport (latitude 45°00'- Issued at Kansas City, Mo., on March Ste. Marie, and Chicago and Sault Ste. 60” N., longitude 84°41'45” W .); and within 25,1968. 2 miles each side of the 087° bearing from Marie. Consequently, it is necessary to D aniel E . B arrow, Otsego County Airport extending from the Acting Director, Central Region. alter the Gaylord, Mich., 5,000-foot MSL 6-mile radius area to 8 miles east of the air­ transition area by the inclusion of addi­ port: that airspace extending upward from [F.R. Doc. 68-4288; Filed, Apr. 10, 1968; tional airspace in order to provide these 1,200 feet above the surface within 8 miles 8:46 a.m.]

FEDERAL REGISTER» VOW 33, NO» 71— THURSDAY, APRIL 11, 1968 5633

N otices

Administrative Officer, State Office. tition-application that is filed will be DEPARTMENT OF THE TREASURY District Managers. considered on its merits. The lands will Chief, Division of Administration in each not be subject to occupancy or disposi­ Bureau of Customs District Office. tion until they have been classified. f T.D. 68-105] are authorized: 4. This order shall become effective at 10 a.m. on May 10,1968. EVIDENCE REGARDING EX-FACTORY 1. To enter into contracts with es­ 5. Inquiries concerning these lands SALES tablished sources for supplies and serv­ ices, excluding capitalized equipment, re­ should be addressed to: U.S. Bureau of Notice of Decision gardless of amount, and Land Management, Arizona Land Office, Room 3022 Federal Building, Phoenix, Decision in C.A.D. 929 as to sufficiency 2. To enter into contracts on the open market for supplies and materials, ex­ Ariz. 85025. of evidence to establish ex-factory sales, F red J. W eiler, limited. cluding capitalized equipment, not to exceed $2,500 per transaction ($2,000 for State Director. In the case of United States v. Bud A pril 4,1968. Berman Sportswear, Inc., the U.S. Court construction), provided that the require­ of Customs and Patent Appeals, in a ment is not available from established [FR . Doc, 68-4275; Filed, Apr. 10, 1968; decision dated December 7, 1967, pub­ sources. 8:45 am .] lished as C.A.D. 929, sustained the trial B. Under the above-mentioned dele­ gation of authority, Cadastral Survey court’s finding that at or about the time [Sacramento 062878] of exportation, such or similar merchan­ Chiefs are authorized to eriter into con­ dise was freely sold for exportation to tracts on the open market for supplies CALIFORNIA the United States on an ex-factory basis. and materials, excluding capitalized Inasmuch as other evidence which may equipment, not to exceed $500 : Pro­ Opening of Lands not have been fully considered by the vided, That the requirement is not avail­ A pril 4,1968. able from established sources. courts is available in support of the Gov­ By .virtue of the authority contained in ernment’s position a retrial has been W . J. A nderson, section 24 of the Act of June 10, 1920 sought. Consequently, pending a new State Director. (41 Stat. 1075; 16 U.S.C. 818), as ruling by the court, the decision in C.A.D. [F.R. Doc. 68-4274; Filed, Apr. 10, 1968; amended, and pursuant to authority re- 929 shall be limited to the merchandise 8:45 am .] delegated to me by the Acting Manager, which was the subject of the appeal to November 18, 1965 (30 F.R. 14444), it is reappraisement in that case. ordered as follows: [A 1952] [seal] L ester D . J oh n son, 1. In DA-990^Califomia the Federal Commissioner of Customs. ARIZONA Power Commission determined that the value of the following described lands [F-R. Doc. 68-4317; Piled, Apr. 10, 1968; Order Providing for Opening of 8:47 am .] withdrawn in Power Project No. 334 will Public Lands not be injured nor destroyed for pur­ 1. In an exchange of lands made under poses of power development by location, provisions of section 8 of the act of June entry, or selection, under the Public DEPARTMENT OF THE INTERIOR 28, 1934 (48 Stat. 1272), as amended Land Laws, subject to the provisions of section 24 of the Federal Power Act of Bureau of Land Management June 26, 1936 (49 Stat. 1976; 43 U.S.C. 315g), the following described lands have June 10, 1920 (41 Stat. 1075; 16 U.S.C. [Serial No. MT991] been reconveyed to the United States 818), as amended. MONTANA under Serial AR 036035: Mount Diablo Meridian Gila and Salt River Meridian, Arizona T. 15 N„ R. 9 E„ Notice of Proposed Classification of Sec. 36, NE^4SW^4 (unsurveyed). Public Lands for Multiple-Use Man­ T. 4 S., R. 31 E., Sec. 27, NE14. agement The area described contains approxi­ mately 40 acres in Placer County. Correction The area described contains 160 acres. 2. The lands are located in Greenlee 2. The land has been classified under *n ^-R- Doc. 68-3705 appearing at page County approximately 10 miles east of section 7 of the Taylor Grazing Act, as 5107 in the issue of Thursday, March 28, amended (48 Stat. 1269, 1272; 43 U.S.C. 1968, the line in the third column now Clifton, Ariz., and are bounded on the north by the Apache National Forest. 315f), for disposal under the provisions reading TP. 8 S., R. 2-5 E„” should be of the Recreation and Public Purposes corrected to read “T. 8 S.. R. 20 E.,” . Topography is a flat mesa with a steep canyon on both east and west sides. Soils Act of June 14, 1926 (44 Stat. 741; 43 are rocky, sandy loam; vegetation con­ U. S.C. 869), as amended. [New Mexico Supplement to Bureau of Land sists of scattered mesquite, juniper, and Should the land subsequently be re­ Management Manual 1510] scrub oak; grasses are black grama, side stored from the Recreation and Public CHIEF, DIVISION OF ADMINISTRA­ oats, and various annuals. Purposes classification noted above, it TION, STATE OFFICE ET AL. 3. The lands will be open to petition- will, upon restoration to the public lands application and selection under the pub­ status, become subject to the Multiple- Delegation of Authority Regarding lic land laws and to location under the Use Management Classification, S. 572, Contracts and Leases U. S. mining laws. No application for December 21,1967 (32 F.R. 20660-20661). these lands will be allowed under the 3. Any disposal of the lands described A pril 3,1968. homestead, desert land or other non­ in this order shall be subject to the pro­ ? ursuant to delegation of authority public land laws unless the lands visions of section 24 of the Federal Power the—!med 111 Bureau Manual 1510.03B2d, have already been classified as valuable Act, supra. or suitable for such type of application, 4. Subject to any valid existing rights CIQfflce.'D*VlS*OIX Administration, State or shall be so classified upon considera­ and equitable claims, the requirements tion of a petition-application. Any pe­ of applicable law, rules, and regulations,

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL l l r 1968 5634 NOTICES and the provisions of any existing with­ Those received thereafter shall be con* Inc., is authorized to provide concession drawals, the land is hereby opened to fil­ sidered in the order of filing. facilities and services for the public in ing of applications, selections, and loca­ 4. Inquiries concerning the landsGrand Teton National Park. tions in accordance with the following : should be addressed to the Chief, Divi­ The foregoing concessioner has per­ a. Until 10 a.m. on October 4,1968, the sion of Lands and Minerals, Program formed its obligations under the permit State of California shall have a prefer­ Management and Land Office, Post Office to the satisfaction of the National Park ence right of application to select the Box 2965, Portland, Oreg. 97208. Service and, therefore, pursuant to the land described in paragraph 1 of this V irgil O. S eiser, Act cited above, is entitled to be given order in accordance with the provisions Chief, Branch of Lands. preference in the renewal of the permit. of section 2 of the Act of August 27, However, under the Act cited above, the 1958 (72 Stat. 928; 43 U.S.C. 851, 852). [F.R. Doc. 68-4277; Filed, Apr. 10, 1968; Secretary is also required to consider and b. All valid applications and selections 8:45 a.m.] evaluate all proposals received as a re­ under the nonmineral public land laws, sult of this notice. Any proposal to be other than any from the State of Califor­ Fish and Wildlife Service considered and evaluated must be sub­ nia presented at or prior to 10 a.m. on mitted within thirty (30) days after the October 4, 1968, will be considered as REGIONAL DIRECTORS AND AREA publication date of this notice. simultaneously filed at that hour. Rights DIRECTOR, BUREAU OF COMMER­ Interested parties should contact the under such applications and selections CIAL FISHERIES Superintendent, Grand Teton National filed after that hour will be governed by Park, Post Office Box 67, Moose, Wyo. the time of filing. Delegation of Authority Regarding 83012, for information as to the require­ The State of California has waived the Federal Aid ments of the proposed permit. preference right of application provided by section 24 of the Act of June 10, 1920, The regulations issued herein are Dated: April 4, 1968. based on the authority of the Director, as amended (62 Stat. 275; 16 U.S.C. 818). E dward A. H ummel, 5. This order shall not otherwise beBureau of Commercial Fisheries, to issue Assistant Director, effective to change the status of the pub­ such regulations. The requirements here­ National Park Service. lic land until 10 a.m. on October 4, 1968. in set forth apply as a portion of the directive system of the Bureau of Com­ [F.R. Doc. 68-4278; Filed, Apr. 10, 1968; At that time the land shall be open to the 8:45 a.m.] operation of the public land laws, subject mercial Fisheries. to valid existing rights, the requirements 1. Delegation. Under authority dele­ of applicable law, the provisions of any gated to heads of bureaus by the Sec­ existing withdrawals and the classifica­ retary of the Interior in Departmental CAPE COD NATIONAL SEASHORE, tions noted above. Manual, Part 241, General Program MASS. Delegations dated August 26, 1966 (31 Inquiries concerning the land should be Notice of Intention To Issue addressed to the Land Office, Bureau of F.R. 11685), redelegation of authority to Land Management, 650 Capitol Mall, officials and employees of the Bureau of Concession Permit Sacramento, Calif. 95814. Commercial Fisheries is hereby made. Pursuant to the provisions of section 5 2. Exercise of authority. The redelega­ of the Act of October 9, 1965 (79 Stat. J esse H. J oh n son, tion hereby made is of authority, on be­ 969; 16 U.S.C. 20), public notice is hereby Acting Chief, half of the United States and the Bureau Lands Adjudication Section. given that thirty (30) days after the date of Commercial Fisheries, to the Regional of publication of this notice, the Depart­ [F.R. Doc. 68-4276; Filed, Apr. 10, 1968; Directors and the Area Director, Bureau ment of the Interior, through the Super­ 8:45 a.m.] of Commercial Fisheries, to approve Fed­ intendent, Cape Cod National Seashore, eral Aid Cooperative Agreement docu­ proposes to issue a concession permit to ments under the provisions of the Anad- [Oregon 017307] Joseph R. Whiting, authorizing him to romous Fish Act of 1965 (79 Stat. 1125; provide refreshment services for the OREGON 16 U.S.C. 757a.f.). The redelegation is in public at Nauset Light Beach, Eastham, addition to the Delegation of Authority— Mass., for a period of seven (7) months Order Providing for Opening of Federal Aid published in the F ederal from June 1,1968, through December 31, Public Lands R egister on April 1,1967. 1968. 3. Effective date. This redelegation A pril 4, 1968. The foregoing concessioner has per­ shall become effective May 1, 1968. 1. In an exchange of lands made under formed his obligations under an existing the provisions of section 8 of the Act of W illia m M. T erry, permit to the satisfaction of the National June 28,1934 (48 Stat. 1272), as amended Acting Director, Park Service, and therefore, pursuant to June 26, 1936 (49 Stat. 1976; 43 U.S.C. Bureau of Commercial Fisheries. the Act cited above, is entitled to be given 315g), the following lands have been re­ [F.R. Doc. 68-4290; Filed, Apr. 10, 1968; preference in the issuance of a new per­ conveyed to the United States: 8:46 a.m.] mit. However, under the Act cited above, the Secretary is also required to consider W i l l a m e t t e M e r i d i a n and evaluate all proposals received as a T. 10 S., R. 45 E„ National Park Service result of this notice. Any proposal to be Sec. 11, S E% N E % ; considered and evaluated must be sub­ Sec. 12, NWy4 ,Ni/2SWi/4 , SE$£SW%i GRAND TETON NATIONAL PARK, mitted within thirty (30) d ays after the Sec. 1 3,N W % ; WYO. date of publication of this notice. Sec. 23, SE% SE % . Notice of Intention To Extend Interested parties should contact the The areas described aggregate 520 Concession Permit Superintendent, Cape Cod National Sea­ acres. shore, South Wellfleet, Mass. 02663, for Pursuant to the provisions of section 5 2. The lands are located in Baker information as to the requirements o County, They are semiarid in character of the Act of October 9, 1965 (79 Stat. and are not suitable for farming. 969; 16 U.S.C. 20) , public notice is hereby the proposed permit. 3. Subject to valid existing rights, the given that thirty (30) days after the date Dated: March 25, 1968. provisions of existing withdrawals, and of publication of this notice, the Depart­ ment of the Interior, through the Super­ S tanley C. Joseph, the requirements of applicable law, the Superintendent, lands are hereby open to application, intendent of Grand Teton National Park, petition, location and selection. All valid National Park Service, proposes to ex­ Cape Cod National Seashore. applications received at or prior to 16 tend for the period January 1, 1968, through September 30, 1968, thè conces­ [F.R. Doc. 68-4279; Filed, Apr. 10, 1968, a.m., May 10, 1968, shall be considered 8:45 a.m.] as simultaneously filed at that time. sion permit under which Leek’s Lodge,

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5635

(sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. technique in which the residue is ex­ DEPARTMENT OF HEALTH, EDUCA­ 346a(d) (1)), notice is given that a peti­ tracted with chloroform or acetonitrile, tion (PP 8F0707) has been filed by the evaporated to dryness, and redissolved in Chemagro Corp., Post Office Box 4913, carbon tetrachloride. This solution is TION, AND WELFARE Hawthorn Road, Kansas City, Mo. 64120, then passed through a sodium bisulfate Food and Drug Administration proposing that § 120.183 0,0-Diethyl S- column to remove interfering materials, 2-( ethylthio) ethyl phosphorodithioate ; and the residue is eluted from the column AMERICAN CYAN AMID CO. tolerances for residues (21 CFR 120.183) with chloroform and taken to dryness. Notice of Filing of Petition for Food be amended to permit application of the The residue is dissolved in benzene and subject insecticide in either spring or fall then analyzed on a gas chromatograph Additives in the production of wheat. No change is using a flame photometric detector Pursuant to the provisions of the Fed­ proposed in the tolerance levels of 5 parts equipped with a sulfur filter (394 milli­ eral Food, Drug, and Cosmetic Act (sec. per million on wheat (green fodder and microns) . 409(b)(5), 72 Stat. 1786; 21 U.S.C. straw) or 0.3 part per million on wheat Dated: April 1, 1968. 348(b)(5)), notice is given that a peti­ grain. tion (FAP 8H2278) has been filed by the The analytical method proposed in the J. K . K ir k , American Cyanamid Co., Agricultural petition for determining residues of the Associate Commissioner Division, Post Office Box 400, Princeton, insecticide is a gas chromatographic ' for Compliance. N.J. 08540, proposing the establishment technique using a potassium chloride [F.R. Doc. 68-4336; Filed, Apr. 10, 1968; of a food additive tolerance of 5 parts thermionic-emission flame detector after 8:49 am .] per million for residuës of the insecticide oxidation of the insecticide and its dimethoate (O.O-dimethyl S -OV-methyl- meabolites to the corresponding sulfone. carbamoylmethyl) phosphorodithioate) Dated: April 1,1968. HARRY MILLER CORP. and its oxygen analog in dehydrated citrus pulp for cattle feed, such residues J. K . K ir k , Notice of Filing of Petition for Food resulting from application of the insecti­ Associate Commissioner Additives for Compliance. cide to the growing crop. Pursuant to the provisions of the Fed­ Dated: April 1,1968. [F.R. Doc. 68-4334; Filed, Apr. 10, 1968; eral Food, Drug, and Cosmetic Act (sec. 8:48 am .] 409(b)(5), 72 Stat. 1786; U.S.C. 348(b) J. K . K ir k , ( 5 » , notice is given that a petition Associate Commissioner ELANCO PRODUCTS CO. (FAP 8B2276) has been filed by Harry for Compliance. Miller Corp., Fourth and Bristol Streets, [F.R. Doc. 68—4332; Filed, Apr. 10, 1968; Notice of Filing of Petition for Food Philadelphia, Pa. 19140, proposing that 8:48 a.m.] Additives Diethylstilbestrol and § 121.2531 Surface lubricants used in Methimazole the manufacture of metallic articles be CHEMAGRO CORP. amended to provide for the safe use of Notice of Withdrawal of Petition for Pursuant to the provisions of the Fed­ sodium nitrite as an optional component eral Food, Drug, and Cosmetic Act (sec. of surface lubricants used in the manu­ Food Additives 409(b)(5), 72 Stat. 1786; 21 U.S.C. facture of metallic articles intended for Pursuant to the provisions of the 348(b)(5)), notice is given that a food-contact use. petition has been filed by Elanco Prod­ Federal Food, Drug, and Cosmetic Act Dated: April 1,1968. (sec. 409(b), 72 Stat. 1786; 21 U.S.C. ucts Co., Division of Eli Lilly & Co., 348(b)), the following notice is issued: Indianapolis, Ind. 46206, proposing that J. K . K ir k , In accordance with § 121.52 With­ the food additive regulations be amended Associate Commissioner drawal of petitions without prejudice of to provide for the safe use of a combina­ for Compliance. the procedural food additive regulations tion drug containing diethylstilbestrol [F.R. Doc. 68-4337; Filed, Apr. 10, 1968; (21 CFR 121.52), Chemagro Corp., Post and methimazole in feed for beef cattle 8:49 a.m.] Office Box 4913, Hawthorn Road, Kansas to promote fattening, growth, and feed City, Mo. 64120, has withdrawn its efficiency. petition (FAP 8H2201), notice of which Dated: April 1, 1968. AMDAL CO. was published in the F ederal R e g is te r of August 11, 1967 (32 F.R. 11650), pro­ J. K . K ir k , Notice of Filing of Petition for Food posing the issuance of a regulation to Associate Commissioner Additives establish a tolerance of 0.5 part per for Compliance. Pursuant to the provisions of the million for residues of 0,0-dimethyl S- [F.R. Doc. 68-4335; Filed, Apr. 10, 1968; E4 - oxo - 1,2,3, - benzotriazin - 3(4H) - 8:48 am .] Federal Food, Drug, and Cosmetic Act ylmethyl] phosphorodithioate in soybean (sec. 409(b)(5), 72 Stat. 1786, 21 U.S.C. oil from concentration and carryover 348(b) (5) ), notice is given that petitions after application of the insecticide to the GEIGY CHEMICAL CORP. (5) have been filed by Amdal Co., Agri­ growing soybean crop as proposed in the cultural Division, Abbott Laboratories, pesticide petition (PP 7F0539), notice Notice of Filing of Petition Regarding North Chicago, 111. 60064, proposing that of which was published in the F ederal Pesticides the food additive regulations (21 CFR R egister of November 2, 1966 (31 F.R. Part 121, Subpart C) be amended to pro­ 14012). Pursuant to 'the provisions of the vide for the safe use of combinations of Federal Food, Drug, and Cosmetic erythromycin thiocyanate and the fol­ Dated: April 1,1968. Act (sec. 408(d)(1), 68 Stat. 512; 21 lowing coccidiostats in chicken feeds for U.S.C. 346a(d)(l)), notice is given that J. K . K ir k , prevention of coccidiosis, for growth pro­ a petition (PP 8F0714) has been filed by motion and feed efficiency, improvement Associate Commissioner the Geigy Chemical Corp— Ardsley, for Compliance. of pigmentation, and prevention and N.Y. 10502, proposing the establishment treatment of specified conditions of [PR. Doc. 68-4333; Filed, Apr. 10, 1968; of a tolerance of 0.25 part per million for chickens : 8:48 a.m.] residues of the herbicide 2-tert- 1. 3,5 -Dinitrobenzamide, sulfanitran, butylamino-4-ethylamino-6-methylthio- CHEMAGRO CORP. and 3 - nitro - 4 - hydroxyphenylarsonic s-triazine in or on the raw agricultural acid. Notice of Filing of Petition Regarding commodity wheat (grain, green fodder, and straw). 2. Aklomide and sulfanitran. Pesticide Chemicals The analytical method proposed in the 3. Aklomide, sulfanitran, and 3-nitro- *° the Provisions of the petition for determining residues of the 4-hydroxyphenylarsonic acid. ral Food, Drug, and Cosmetic Act herbicide is a gas chromatographic 4. Aklomide.

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5636 NOTICES

5. Aklomide and 3-nitro-4-hydroxy-Lawrence R. Quarles, Charlottesville, formation, and the review by the Com­ phenylarsonic acid. Va.; and Jack M. Campbell, Esq., Chair­ mission’s regulatory staff has been ade­ man, Santa Fe, N. Mex. Mr. Reuel C. quate, to support the findings proposed Dated: April 3, 1968. Stratton, Hartford, Conn., has been des­ to be made and the provisional construc­ J. K . K ir k , ignated as a technically qualified alter­ tion permits proposed to be issued by the Associate Commissioner nate. Director of Regulation. for Compliance. A prehearing conference will be held In the event that this proceeding be­ [F.R. Doc. 66-4339; Filed, Apr. 10, 1968; by the Board at 10 a.m., local time, on comes a contested proceeding, the Board 8:49 a.m.] May 2, 1968, in the Goodhue County will consider and initially decide, as the Courthouse, Red Wing, Minn., to consider issues in this proceeding, Item Numbers the matters provided for consideration 1 through 4 above as the basis for deter­ by § 2.752 of 10 CFR Part 2 and section mining whether the provisional construc­ DEPARTMENT OF II of appendix “A” to 10 CFR Part 2. tion permits should be issued to the The Director of Regulation proposes to applicant. TRANSPORTATION make affirmative findings on Item As they become available, the applica­ Numbers 1-3 and a negative finding on tion, the report of the Commission’s Ad­ National Transportation Safety Board Item 4 specified below as the basis for visory Committee on Reactor Safeguards the issuance of provisional construction (ACRS) and the Safety Evaluation by [Docket No. SS-H -2; Exhibit 1-C] permits to the applicant substantially in the Commission’s regulatory staff will be INVESTIGATION OF ACCIDENT OC­ the form proposed in Appendices “A” placed in the Commission’s Public Docu­ and “B” hereto. ment Room, 1717 H Street NW., Wash­ CURRING AT POINT PLEASANT, 1. Whether in accordance with the ington, D.C., where they will be available W. VA. provisions of 10 CFR §50.35 (a ): for inspection by members of the public. Notice of Hearing (a) The applicant has described the Copies of the ACRS report and the regu­ proposed design of the facilities, includ­ latory staff’s Safety Evaluation may be In the matter of investigation of acci­ ing, but not limited to, the principal obtained by request to the Director of dent involving bridge collapse, U.S. architectural and engineering criteria the Division of Reactor Licensing, U.S. Highway 35, Point Pleasant, W. Va., for the design, and has identified the Atomic Energy Commission, Washington, December 15, 1967. major features or components incorpor­ D.C. 20545. Notice is hereby given that an Acci­ ated therein for the protection of the Any person who wishes to make an dent Investigation Hearing on the above health and safety of the public; oral or written statement in this proceed­ matter will be held commencing at 9 (b) Such further technical or design ing setting forth his position on the is­ a.m., local time, on May 7, 1968, in the information as may be required to com­ sues specified, but who does not wish to Ballroom of the Charleston House Hotel, plete the safety analysis and which can file a petition for leave to intervene, may Charleston, W. Va. reasonably be left for later consideration, request permission to make a limited appearance pursuant to the provisions of Dated this 29th day of March 1968. will be supplied in the final safety analysis reports; § 2.715 of the Commission’s rules of prac­ Lours M . T h a y er , (c) Safety features or components, if tice. Limited appearances will be per­ Member. any, which require research and develop­ mitted at the time of the hearing in the [F.R. Doc. 68-4289; Filed, Apr. 10, 1968; ment have been described by the appli­ discretion of the Board, within such 8:46 a.m.] cant and the applicant has identified, limits and on such conditions as may be and there will be conducted, a research fixed by the Board. Persons desiring to and development program reasonably make a limited appearance are requested designed to resolve any safety questions to inform the Secretary, U.S. Atomic ATOMIC ENERGY COMMISSION associated with such features or compo­ Energy Commission, Washington, D.C. 20545, by April 30, 1968. [Docket Nos. 50-282, 50-306] nents; and (d) On the basis of the foregoing, Any person whose interest may be af­ NORTHERN STATES POWER CO. there is reasonable assurance that (i) fected by the proceeding who does not such safety questions will be satisfac­ wish to make a limited appearance and Notice of Hearing on Application for torily resolved at or before the latest who wishes to participate as a party in Provisional Construction Permits dates stated in the application for the proceeding must file a petition for completion of construction of the pro­ leave to intervene. In the matter of Northern States Power Petitions for leave to intervene, pur­ Co. (Prairie Island Nuclear Generating posed facilities, and (ii) taking into consideration the site criteria contained suant to the provisions of § 2.714 of the Plant, Units 1 and 2). Commission’s rules of practice, must be Pursuant to the Atomic Energy Act of in 10 CFR Part 100, the proposed facilities can be constructed and operated received in the Office of the Secretary, 1954, as amended (the A ct), and the reg­ U.S. Atomic Energy Commission, Ger­ ulations in Title 10, Code pf Federal at the proposed location without undue risk to the health and safety of the mantown, Md., or the Commission’s Pub­ Regulations, Part 50, “Licensing of Pro­ lic Document Room, 1717 H Street NW.. duction and Utilization Facilities”, and public; 2. Whether the applicant is technically Washington, D.C., not later than April Part 2, rules of practice, notice is hereby 30, 1968, or in the event of a postpone­ given that a hearing will be held at 10 qualified to design and construct the pro­ posed facilities; ment of the prehearing conference, at a.m., local time on May 21, 1968, in the such time as the Board may specify. Goodhue County Courthouse, Red Wing, 3. Whether the applicant is financially Minn., to consider the application filed qualified to design and construct the The petition shall set forth the interest under § 104b. of the Act by Northern proposed facilities; and of the petitioner in the proceeding, how States Power Co. (the applicant) for 4. Whether the issuance of permits for that interest may be affected by Commis­ provisional construction permits for two the construction of the facilities will be sion action and the contentions of the pressurized water reactors each designed inimical to the common defense and petitioner. A petition for leave to inter­ to initially operate at 1,650 megawatts security or to the health and safety of the vene which is not timely filed will be (thermal) to be located at the applicant’s public. denied unless the petitioner shows good site on the west bank of the Mississippi In the event that this proceeding is not cause for failure to file it on time. River 6 miles northwest of Red Wing, a contested proceeding, as defined by A person permitted to intervene be­ Goodhue County, Minn. § 2.4 of the Commission’s rules of prac­ comes a party to the proceeding, ana The hearing will be conducted by the tice, 10 CFR Part 2, the Board will, with­ has all the rights of the applicant ana Atomic Safety and Licensing Board out conducting a de novo evaluation of the regulatory staff to participate fui y designated by the Atomic Energy Com­ the application, consider the issues of in the conduct of the hearing. For e - mission consisting of Dr. Clarke Wil­ whether the application and the Tecord ample, he may examine and cross- liams, Upton, Long Island, N.Y.; Dr. of the proceeding contain sufficient in­ examine witnesses. A person permitted

FEDERAL REGISTER, VOL. 33, NO. n — THURSDAY, APRIL 1 1 ,1 9 6 8 NOTICES 5637

naake a limited appearance does not be­ described in the application and the hearing an indemnity agreement as required by come a party, but may state his position record in accordance with the principal § 170 of the Act. and raise questions which he would like architectural and engineering criteria set For the Atomic Energy Commission. forth therein. to have answered to the extent that the 3. This permit is provisional to the extent [F.R. Doc. 68-4371; Filed, Apr. 10, 1968; questions are within the scope of the that a license authorizing operation of the 8:49 a.m.] hearing as specified in the issues set out facility will not be issued by the Commission above. A member of the public does not unless (a) the applicant submits to the have the right to participate unless he Commission, by amendment to the applica­ has been granted the right to intervene tion, the complete final safety analysis report, CIVIL AERONAUTICS BOARD as a party or the right of limited portions of which may be submitted and appearance. evaluated from time to time; (b) the Com­ [Docket No. 18137] mission finds that the final design provides An answer to this notice, pursuant to reasonable assurance that the health and DEUTSCHE LUFTHANSA AKTIENGE­ the provisions of § 2.705 of the Commis­ safety of the public will not be endangered SELLSCHAFT ENFORCEMENT PRO­ sion’s rules of practice, must be filed by by the operation of the facility in accordance the applicant on or before April 30,1968. with procedures approved by it in connection CEEDING Papers required to be filed in this pro­ with the issuance of said license; and (c) Notice of Hearing ceeding may be filed by mail or telegram the applicant submits proof of financial pro­ addressed to the Secretary, U.S. Atomic tection and the execution of an indemnity Notice" is hereby given, pursuant to Energy Commission, Washington, D.C. agreement as required by § 170 of the Act. the provisions of the Federal Aviation 20545, or may be filed by delivery to the For the Atomic Energy Commission. Act of 1958, as amended, that hearing in Office of the Secretary, U.S. Atomic A p p e n d i x B the above-entitled matter is assigned to Energy Commission, Germantown, Md., [Docket No. 50-306] be held on April 30, 1968, at 10 a.m., or the Commission’s Public Document e.d.s.t., in Room 211, Universal Building, Room, 1717 H Street NW., Washington, PROVISIONAL CONSTRUCTION PERMIT 1825 Connecticut Avenue NW., Washing­ D.C. 20545. Construction Permit N o .______ton, D.C., before Examiner Richard A. Pending further order of the Board, 1. Pursuant to § 104b. of the Atomic Walsh. parties are required to file, pursuant to Energy Act of 1954, as amended (the Act), Dated at Washington, D.C., April 3, the provisions of § 2.708 of the Commis­ and Title 10, Chapter 1, Code of Federal Reg­ 1968. sion’s rules of practice, an original and ulations, Part 50, “Licensing of Production and Utilization Facilities”, and pursuant to [ seal] T homas L. W renn, twenty conformed copies of each such the order of the Atomic Safety and Licensing paper with the Commission. Board, the Atomic Energy Commission (the Chief Examiner. Dated at Washington, D.C., this 8th Commission) hereby issues a provisional [F.R. Doc. 68-4318; Filed, Apr. 10, 1968; construction permit to Northern States 8:47 a.m.] day of April 1968. Power Co. (the applicant), for a utilization U nited S tates A tom ic facility (the facility),- designed to operate [Docket No. 18650; Order E-26604] Energy C o m m issio n , at 1,650 megawatts (thermal), described in the application and amendments thereto W . B. M cC ool, (the application) filed in this matter by INTERNATIONAL AIR TRANSPORT Secretary. the applicant and as more fully described ASSOCIATION A p p e n d i x A in the evidence received at the public hear­ ing upon that application. The facility, Order Regarding Specific [Docket No. 50-282J known as Prairie Island Nuclear Generating Commodity Rates PROVISIONAL CONSTRUCTION PERMIT Plant, Unit No. 2, will be located at the applicant’s site northwest of Red Wing, Issued under delegated authority, Construction Permit N o .______Goodhue County, Minn. April 2,1968. 1. Pursuant to § 104b of t h e A tom ic 2. This permit shall be deemed to contain An agreement has been filed with the Energy Act of 1954, as amended (the Act), and be subject to the conditions specified in Board, pursuant to section 412(a) of the and Title 10, Chapter 1, Code of Federal § § 50.54 and 50.55 of said regulations; is Regulations, Part 50, “Licensing of Produc­ subject to all applicable provisions of the Federal Aviation Act of 1958 (the Act) tion and Utilization Facilities”, and pursuant Act, and rules, regulations and orders of the and Part 261 of the Board’s economic to the order of the Atomic Safety and Licens­ Commission now or hereafter in effect; and regulations, between various air carriers, ing Board, the Atomic Energy Commission is subject to the conditions specified or foreign air carriers, and other carriers, (the Commission) hereby issues a provisional incorporated below: embodied in the resolutions of Traffic construction permit to Northern States A. The earliest date for the completion Conference 1 of the International Air Power Co. (the applicant), for a utilization of the facility is October 1, 1973, and the fcility (the facility), designed to operate at Transport Association (IATA), and latest date for completion of the facility is adopted pursuant to the provisions of 1,650 megawatts (thermal), described in the February 1,1974. application and amendments thereto (the Resolution 590 dealing with specific com­ application) filed in this matter by the appli­ B. The facility shall be constructed and modity rates. cant and as more fully described in the evi- located at the site as described in the appli­ cation, northwest of Red Wing in Goodhue The agreement, adopted pursuant to !*** received at the public hearing upon unprotested notices to the carriers and vhat application. The facility, known as County, Minn. rairie Island Nuclear Generating Plant, C^ This construction permit authorizes the promulgated in an IATA letter dated unit No. 1, will be located at the applicant’s applicant to construct the facility described March 27, 1968, names additional rates site northwest of Red Wing, Goodhue in the application and the hearing record under existing commodity descriptions, County, Minn. in accordance with the principal architec­ as set forth below. The rates proposed an!» u'k*8 I^rmit shall be deemed to contain tural and engineering criteria set forth reflect significant reductions from the srI, subJect to the conditions specified in therein. general cargo rates. RiivoV and 50,55 of said regulations; is 3. This permit is provisional to the extent ject to all applicable provisions of the that a license authorizing operation of the R -2 : Commodity Item 0007— Fruits and/or ’ rules, regulations and orders of the facility will not be issued by the Commission Vegetables, 30 cents per kg., minimum commission now or hereafter in effect; and unless (a) the applicant submits to the weight 300 kgs., Bogota to New York. tbe conditions specified or in­ Commission, by amendment to the applica­ R -3 : Commodity Item 2001— Yarn, Thread, corporated below: tion, the complete final safety analysis re­ and Fibers, Natural or Synthetic, Textile earliest date for the completion of port, portions of which may be submitted Manufactures, 23 cents per kg., m inim um d«.t/aC, Uty 18 October 1, 1971, and the latest and evaluated from time to time; (b) the weight 200 kgs., Fereia to Panama City. f° r coooptetion of the facility is Commission finds that the final design pro­ February i, 1972. J Pursuant to authority duly delegated vides reasonable assurance that the health by the Board in the Board’s regulations, lrv^d3 he.t facility sba11 be constructed and and safety of the public will not be en­ caM«« ati he site ** described in the appli- dangered by the operation of the facility 14 CFR 385.14, it is not found that the in accordance with procedures approved by subject agreement is adverse to the pub­ SSX m S T “ ° * 864 wlnB lu Go°dh’“ it in connection with the issuance of said lic interest or in violation of the Act: the construction permit authorizes license; and (c) the applicant submits proof Provided, That approval thereof is con­ applicant to construct the facility of financial protection and the execution of ditioned as hereinafter ordered.

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5638 NOTICES

Accordingly, it is ordered, That: to the Secretary, Federal Maritime Com­ mission either (1) sever from the subject Agreement CAB 20107, R-2 and R-3, mission, Washington, D.C. 20573, within application the request for authorization be approved: Provided, That approval 5 days after publication of this notice in to continue the previously authorized shall not constitute approval of the spe­ the F ederal R egister. & copy of any such sales and issue a permanent certificate to cific commodity descriptions contained statement should also be forwarded to continue those sales and a temporary therein for purposes of tariff publication. the party filing the agreement (as indi­ certificate to initiate the new sale, or Persons entitled to petition the Board cated hereinafter) and the comments (2) issue a temporary certificate to con­ for review of this order, pursuant to the should indicate that this has been done. tinue the previously authorized and to Board’s regulations, 14 CFR 385.50, may Notice of Agreement Filed for Approval initiate the new sales. file such petitions within 10 days after by: In view of the filing of the amendment the date of service of this order. Mr. Baldvin Einarson, Kirlin, Campbell and to the application, the time for filing pro­ This order shall be effective and be­ Keating, One Twenty Broadway, New York, tests and petitions to intervene with the come the action of the Civil Aeronautics N.Y. 10005. Federal Power Commission, Washington, Board upon expiration of the above pe­ In accordance with telegrams ex­ D.C. 20426, in accordance with the rules riod unless within such period a peti­ changed between the parties, Agreement of practice and procedure (18 CFR 1.8 or tion for review thereof is filed, or the 9709 between Farrell Lines, Inc., and 1.10) is extended to and including Board gives notice that it will review Nigerian National Steamship Line estab­ April 26, 1968.1 Persons who have hereto­ this order on its own motion. lishes Farrell Lines as agent in the fore filed protests and petitions to inter­ vene shall file again if they desire to This order will be published in the United States for the Nigerian National Line’s vessel “Ahamdu Bello” operating protest the granting of the application F ederal R egister. between West African and United States in whole or in part or to participate as [seal] H arold R. S anderson, ports. parties inthe proceeding. Secretary. Dated: April 8, 1968. G ordon M. G rant, [F.R. Doc. 68-4319; Filed, Apr. 10, 1968; Secretary. 8:47 am .] By order of the Federal Maritime [F.R. Doc. 68-4271; Filed, Apr. 10, 1968; Commission. 8:45 a.m.] T hom as L i s i, Secretary. CIVIL SERVICE COMMISSION [Docket No. CP68-2631 [F.R. Doc. 68-4410; Filed, Apr. 10, 1968; STATISTICIAN (DEMOGRAPHY) 10:57 a.m ] HUMBLE GAS TRANSMISSION CO. Manpower Shortage Notice of Application

Under the provisions of 5 U.S.C. 5723, A pril 3,1968. the Civil Service Commission found a FEDERAL POWER COMMISSION Take notice that on March 27, 1968, manpower shortage on March 26, 1968, [Docket No. CI67-960] Humble Gas Transmission Co. (Appli­ for the single position of Statistician AUSTRAL OIL CO., INC. cant), 1700 Commerce Building, New (Demography) GS-1530-14, Bureau of Orleans, La. 70112, filed in Docket No. the Census, Department of Commerce, Further Notice of Application CP68—263 an application pursuant to Washington, D.C. This finding termi­ section 7 (c) of the Natural Gas Act for nates when the position is filled. A pril 4, 1968. a certificate of public convenience and The appointee to this position may be On February 1, 1967, Austral Oil Co., necessity authorizing the installation and paid for the expense of travel and trans­ Inc. (Applicant), 2700 Humble Building, operation of a measuring station for the portation to the first post of duty. Houston, Tex. 77002, filed in Docket No. receipt and transportation of natural gas CI67-960 an application pursuant to sec­ U nited S tates C iv il S erv­ in the Carthage Point Field, Miss., all as tion 7(c) of the Natural Gas Act for a more fully set forth in the application ice C o m m is s io n , certificate of public convenience and which is on file with the Commission and [ seal] James C. S p r y , necessity authorizing the sale for resale open to public inspection. Executive Assistant to and delivery of natural gas in interstate the Commissioners. Specifically, Applicant desires to install commerce to Transcontinental Gas Pipe and operate a measuring station for the [F.R. Doc. 68-4306; Filed, Apr. 10, 1968; Line Corp. from the Bancker Field, Ver­ 8:47 a.m.] receipt of natural gas to be purchased milion Parish, La., at a total rate of 19.05 from Dorchester Gras Producing Co. in cents per Mcf at 15.025 p.s.i.a, all as the Carthage Point Field pursuant to an more fully set forth in the application agreement dated February 9, 1968, a® which is on file with the Commission and a point where Applicant previously pur­ FEDERAL MARITIME COMMISSION open to public inspection. chased gas in this field on Applicants FARRELL LINES, INC., AND NIGERIAN Applicant proposes to continue in part existing line. NATIONAL STEAMSHIP LINE sales of natural gas heretofore authorized Applicant states that the authorization in Docket No. G-17197 to be made by is sought in order to supplement tne Notice of Agreement Filed for Union Texas Petroleum, a division of supply of gas available to it by approxi- Approval Allied Chemical Corp. pursuant to J. Ray McDermott & Co., Inc. (Operator), et al., mately 3 billion cubic feet. Notice is hereby given that the follow­ FPC Gas Rate Schedule No. 4 and in The cost of the facilities is estimated ing agreement has been filed with the Docket No. G-17779 to be made by to be $2,325 to be financed with funas Commission for approval pursuant to Texaco, Inc., pursuant to Texaco, Inc., on hand. section 15 of the Shipping Act, 1916, as FPC Gas Rate Schedule No. 278. Appli­ Protests or petitions to intervene may amended (39 Stat. 733, 75 Stat. 763, 46 cant also proposes to initiate a sale from be filed with the Federal Power Com­ U.S.C. 814). previously undedicated acreage. Appli­ mission, Washington, D.C. 20426, m Interested parties may inspect and ob­ cant has ratified its predecessors’ con­ accordance with the rules of practic tain a copy o f the agreement(s) at the tracts and has submitted the ratification and procedure (18 CFR 1.8 or 1.10 ana Washington office of the Federal Mari­ agreements and the contracts as its rate the regulations under the N atu ral^ time Commission, 1321 H Street NW„ schedule filing. Applicant has entered Act (§ 157.10) on or before April 30, 19d • Room 609; or may inspect agreements at into an agreement with the purchaser to the offices of the District Managers, New 1 By notice issued Feb. 17, 1967, in sell previously undedicated gas under the No. G-3735 et al., and published to tbe York, N.Y., New Orleans, La., and San terms of the Texaco contract. Francisco, Calif. Comments with refer­ ERAL Register on Mar. 1, 1967, 32 ' ence to an agreement including a request By the amendment filed March 27, the due date for filing protests and pe for hearing, if desired, may be submitted 1968, Applicant requests that the Com­ to intervene was Mar . 10, 1967.

FEDERAL REGISTER, VOL. 33, NO. 7T— THURSDAY, APRIL 11, 1968 NOTICES 5639

Take further notice that, pursuant to of up to $4,500,000 outstanding at any raised by said posteffective amendment the authority contained in and subject one time. to the declaration which he desires to to the jurisdiction conferred upon the In accordance with its posteffective controvert; or he may request that he be Federal Power Commission by sections amendment, MG&E proposes to reissue, . notified if the Commission should order 7 and 15 of the Natural Gas Act and the from time to time prior to June 30, 1969, a hearing thereon. Any such request Commission’s rules of practice and pro­ its notes to National presently outstand­ should be addressed: Secretary, Secu­ cedure, a hearing will be held without ing in the amount of $2,950,000. MG&E rities and Exchange Commission, Wash­ further notice before the Commission also proposes to issue and reissue, from ington, D.C. 20549. A copy of such re­ on this application if no protest or peti­ time to time prior to June 30, 1969, addi­ quest should be served personally or by tion to intervene is filed within the time tional notes to National in an aggregate mail (airmail if the person being served is required herein, if the Commission on amount not to exceed $650,000 outstand­ located more than 500 miles from the its own review of the matter finds that ing at any one time. The notes will be point of mailing) upon the declarance at a grant of the certificate is required by dated in each case as of the date of the the the above-stated address, and proof the public convenience and necessity. If borrowings, will mature on or prior to of service (by affidavit or, in case of an a protest or petition for leave to inter­ June 30, 1969, will bear interest at the attorney at law, by certificate) should vene is timely filed, or if the Commission prime credit rate (currently 6 percent per be filed with the request. At any time on its own motion believes that a formal annum) in effect from time to time at after said date, the declaration, as now hearing is required, further notice of National, and will be prepayable, in whole amended or as it may be further such hearing will be duly given. or in part, without premium. amended, may be permitted to become Under the procedure herein provided AEP further proposes to make open ac­ effective as provided in Rule 23 of the for, unless otherwise advised, it will be count advances to MG&E, from time to ■ general rules and regulations promul­ unnecessary for Applicant to appear or time during the same period, not to ex­ gated under the Act, or the Commission be represented at the hearing. ceed $7,500,000 outstanding at any one may grant exemption from such rules as time, such open account advances to bear G ordon M . G rant, provided in Rules 20(a) and 100 thereof Secretary. interest at a rate per annum equal to the or take such other action as it may deem prime credit rate in effect from time to appropriate. Persons who request a hear­ [F.R. Doc. 68-4272; Filed, Apr. 10, 1968; time at Irving Trust Co. Such advances ing or advice as to whether a hearing is 8:45 a.m.] will be repaid on or before June 30, 1969, ordered will receive notice of further except that, unless otherwise authorized developments in this matter, including by the Commission, such repayment will the date of the hearing (if ordered) and not be made before the outstanding any postponements thereof. SECURITIES AND EXCHANGE preferred stock of MG&E is retired. It is intended that such open account ad­ For the Commission (pursuant to dele­ COMMISSION vances will be a temporary form of fi­ gated authority). nancing and will be eliminated in the [70-4538] O rval L. D uB ois, course of divestment of the gas properties Secretary. MICHIGAN GAS AND ELECTRIC CO. of MG&E and permanent financing of [F.R. Doc. 68-4280; Filed, Apr. 10, 1968; AND AMERICAN ELECTRIC POWER MG&E or any*successor company. 8:45 a.m.] In connection with such advances, AEP CO., INC. and MG&E have agreed: (1) That Notice of Filin g of PostefFective neither interest nor principal on the ad­ Amendment Regarding Issue and vances will be payable at any time that any dividends on the then outstanding INTERSTATE COMMERCE Sale of Notes to Bank by Subsidiary shares of preferred stock of MG&E are Company and Open Account Ad­ in default; and (2) that, in the event of COMMISSION vances by Holding Company the liquidation of MG&E, the claim of [Notice 1170] AEP against MG&E for such advances, A p r i l 4 , 1 96 3 . while prior to the claim of the holders of MOTOR CARRIER, BROKER, WATER Notice is hereby given that American the then outstanding shares of common CARRIER AND FREIGHT FOR­ Electric Power Co., Inc. (“AEP” ) , 2 stock of MG&E, will be subordinate to the WARDER APPLICATIONS Broadway, New York, N.Y. 10004, a regis­ claims of the holders of the then out­ tered holding company, and its newly standing shares of preferred stock of A p r il 5,1968. acquired public-utility subsidiary com­ MG&E. The following applications are gov­ pany, Michigan Gas and Electric Co., The proceeds from the proposed issue erned by Special Rule 1.2471 of the ( MG&E”) , have filed with this Com- and sale of notes and from the proposed Commission’s general rules of practice ndssion, pursuant to sections 6(a), 7, and open account advances will be used by (49 CFR, as amended), published in 12(b) of the Public Utility Holding Com­ MG&E to reimburse its treasury for past the F ederal R egister issue of April pany Act of 1935 (“Act” ) and Rule 45 expenditures in connection with its con^ 20, 1966, effective May 20, 1966. promulgated thereunder, a posteffective struction program, to pay part of the cost These rules provide, among other amendment to the declaration in this of its future construction program things, that a protest to the grant­ matter. All interested persons are (which is estimated at $6,317,000 for ing of an application must be filed with referred to the declaration . as now 1968), and for other corporate purposes, the Commission within 30 days after mended, which is summarized below, including a refund to MG&E customers date of notice of filing of the application or a complete statement of the proposed pursuant to an outstanding order of the is published in the F ederal R egister. Michigan Public Service Commission. Failure seasonably to file a protest will in?£0rder dated October 16,1967 (Hold The declaration states that only nom­ be construed as a waiver of opposition mg Company Act Release No. 15872), th: inal expenses will be incurred in con­ and participation in the proceeding. A authorized the issue an nection with the proposed transactions. protest under these rules should comply W 4.^ ,MC*&E t0 National Bank of De It is also represented that no State com­ with § 1.247 (d) (3) of the rules of practice National” ) of up to $850,000 c mission and no Federal commission, which requires that it set forth specifi­ ^outstanding at any one time an other than this Commission, has juris­ cally the grounds upon which it is made, nfoJi/i June 30- 1968- At the tim diction over the proposed transactions. contain a detailed statement of pro- $2 7 there were also outstandin Notice is further given that any in­ testant’s interest in the proceeding (in­ iss’iiPd’f^T0!- MG&E’S notes which wei terested person may, not later than April cluding a copy of the specific portions of W d to Kbtkmal prior to AEP’s acquisi 29,1968, request in writing that a hearing i Copies of Special Rule 1.247 (as amended) o f r w *

No. 71——g FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5640 NOTICES its authority which protestant believes of joinder only, (2) between Danville, mon carrier, by motor vehicle, over ir­ to be in conflict with that sought in the Ky., and junction Kentucky Highway 34 regular routes, transporting : Wall board, application, and describing in detail the and U.S. Highway 27, over Kentucky building board, insulation board, fiber- method—whether by joinder, interline, Highway 34, serving no intermediate board, and pulpboard, from the plant- or other means—by which protestant points, and serving junction Kentucky site and storage facilities of the United would use such authority to provide all Highway 34 and U.S. Highway 27 for States Gypsum Co., Lisbon Falls, Maine, or part of the service proposed), and purpose of joinder only, (3) between to points in Ohio, Indiana, and Michi­ shall specify with particularity the facts, Danville and Stanford, Ky., over U.S. gan, and returned shipments, on return. matters, and things relied upon, but shall Highway 150, serving no intermediate N o th: If a hearing is deemed necessary, not include issues or allegations phrased points, (4) between Danville, Ky., and applicant requests it be held at Wash­ generally. Protests not in reasonable junction Kentucky Highway 33 and U.S. ington, D.C., or Boston, Mass. compliance with the requirements of the Highway 68, over Kentucky Highway 33, No. MC 9325 (Sub-No. 38), filed rules may be rejected. The original and serving no intermediate points, and serv­ March 24, 1968. Applicant r K LINES, one copy of the protest shall be filed ing junction Kentucky Highway 33 and INC., Post Office Box 216, Lebanon, Oreg. with the Commission, and a copy shall U.S. Highway 68 for purpose of joinder Applicant’s representative: Norman E. be served concurrently upon applicant’s only, (5) between Lexington and Har- Sutherland, 1200 Jackson Tower, Port­ representative, or applicant if no repre­ rodsburg, Ky., over U.S. Highway 68, land, Oreg. 97205. Authority sought to sentative is named. If the protest in­ serving no intermediate points, but serv­ operate as a common carrier, by motor cludes a request for oral hearing, such ing junction U.S. Highway 68 and Ken­ vehicle, over irregular routes, transport­ requests shall meet the requirements of tucky Highway 33 for purpose of joinder ing: Urea and, dry fertilizer, in bulk and § 1.247(d) (4) of the special rule, and only, (6) between Danville and Law- in sacks, from Portland, Oreg., to points shall include the certification required renceburg, Ky., over U.S. Highway 127, in Washington!, and Idaho. N o te: If a therein. serving the intermediate point of Har- hearing is deemed necessary, applicant Section 1.247(f) of the Commission’s rodsburg, Ky., and (7) between Har- requests it be held at Portland, Oreg. V rules of practice further provides that rodsburg, Ky., and junction Kentucky No. MC 10761 (Sub-No. 223), filed each applicant shall, if protests to its Highway 152 and U.S. Highway 27, over March 28, 1968. Applicant: TRANS- application have been filed, and within U.S. Highway 152, serving no inter­ AMERICAN FREIGHT LINES, INC., 60 days of the date of this publication, mediate points, and serving the junction 1700 North Waterman Avenue, Detroit, notify the Commission in writing (1) Kentucky Highway 152 and U.S. High­ Mich. 48209. Authority sought to operate that it is ready to proceed and prosecute way 27 for purpose of joinder only. as a common carrier, by motor vehicle, the application, or (2) that it wishes to N o t e : If a hearing is deemed necessary, over irregular routes, transporting: withdraw the application, failure in applicant requests it be held at Lexing­ Meats, meat products, meat byproducts, which the application will be dismissed ton, Ky., or Cincinnati, Ohio. and articles distributed by meat packing­ by the Commission. No. MC 1931 (Sub-No. 8), filed March houses, as described, in sections A and C Further processing steps (whether 25, 1968. Applicant: VON DER AHE of appendix I to the report in Descrip­ modified procedure, oral hearing, or VAN LINES, INC., 600 Rudder Avenue, tions in Motor Carrier Certificates, 61 other procedures) will be determined Fenton, Mo. Applicant’s representative: M.C.C. 209 and 766 (except hides and generally in accordance with the Com­ Robert J. Gallagher, 66 Central Street, commodities in bulk in tank vehicles) mission’s General Policy Statement Wellesley, Mass. 02181. Authority sought from the plantsite and/or cold1 storage Concerning Motor Carrier Licensing to operate as a common carrier, by motor facilities utilized by Wilson & Co., Inc., Procedures, published in the F ederal vehicle, over irregular routes, transport­ at or near Logansport, Ind., to points in R egister issue of May 3, 1966. This as­ ing: Household goods as defined by the Connecticut, Delaware, District of Co­ signment will be by Commission order Commission, between points in Texas, lumbia, Maryland, , New which will be served on each party of Arizona, New Mexico, California, and Jersey, New York, Pennsylvania, and record. Colorado. N o t e : Applicant indicates Rhode Island, restricted to the trans­ The publications hereinafter set forth tacking possibilities. If a hearing is portation of Wilson & Co., Inc., traffic reflect the scope of the applications as deemed necessary, applicant requests it originating at the above-specified plant- filed by applicants, and may include be held at St. Louis, Mo. site and/or cold storage facilities- and descriptions, restrictions, or limitations No. MC 2368 (Sub-No. 14), filed destined to the above-specified destina­ which are not in a form acceptable to March 28, 1968. Applicant: BRALLEY- tions. N o t e : If a hearing is deemed the Commission. Authority which ulti­ WTLLETT TANK LINES, INC., 200 necessary, applicant requests it be held mately may be granted as a result of the Stockton Street, Post Office Box 495, at Chicago, 111., or Indianapolis, Ind. applications here noticed will not neces­ Richmond, Va. 23204. Applicant’s rep­ No. MC 10872. (Sub-No. 45) (Correc­ sarily reflect the phraseology set forth resentative: Harry C. Ames, Jr., 529 tion) , filed March 11, 1968, published in in the application as filed, but also will Transportation Building, Washington, the F ederal R egister issue of April 4, eliminate any restrictions which are not D.C. 20006. Authority sought to operate 1968, and republished (in part) as cor­ acceptable to the Commission. as a common carrier, by motor vehicle, rected, this issue. Applicant: BE-MAC No. MC 239 (Sub-No. 23), filed March over irregular routes, transporting: Plas­ TRANSPORT COMPANY, INC., 7400 28, 1968. Applicant: ECKLAR-MOORE tic materials, in bulk, from Perryville, North Broadway, St. Louis, Mo. 631«. EXPRESS, INC., Forbes Road Exten­ Md., to points in Alabama, Connecticut, Applicant’s representative: G. M. Reb- sion, Lexington, Ky. 40505. Applicant’s Delaware, Florida, Georgia, Illinois, In­ man, 314 North Broadway, St. Louis, Mo. representative: Robert H. Kinker, 711 diana, Kentucky, Maine, Maryland, 63102. N o t e : The purpose of this partial McClure Building, Frankfort, Ky. 40601. Massachusetts, Michigan, Mississippi, republication is to redescribe Item (32) Authority sought to operate as a com­ New Hampshire, New Jersey, New York, as follows: (32) Between junction Okla­ mon carrier, by motor vehicle, over ir­ North Carolina, Ohio, Pennsylvania, homa Highways 53 and 65, and junction regular routes, transporting: General Rhode Island, South Carolina, Tennes­ Oklahoma Highways 65 and 7, over Okla­ commodities (except those of unusual see, Vermont, Virginia, West Virginia, homa Highway 65, serving junction value, classes A and B explosives, house­ Wisconsin, and the District of Columbia. Oklahoma Highways 53 and 65, and hold goods as defined by the Commission, N o t e : If a hearing is deemed necessary, junction Oklahoma Highway 65 and •» commodities in bulk, those requiring applicant requests it be held at Wash­ for purposes of joinder only. The rest oi special equipment, and those injurious or ington, D.C. the application remains as previously contaminating to other lading), (1) be­ No. MC 4941 (Sub-No. 29), filed published. tween Lexington and Stanford, Ky., over March 20, 1968. Applicant: QUINN No-. MC 13123 (Sub-No. 49), filed U.S. Highway 27, serving the inter­ FREIGHT LINES, INC., 1093 North March 29, 1968. Applicant: WILSON mediate points of Nicholasville, Camp Montello Street, Brockton, Mass. 02403. FREIGHT COMPANY, a corporation, Nelson, and Lancaster, Ky., and serving Applicant’s representative: Bert Collins, 3636 Follett Avenue, Cincinnati, Ohio the junction U.S. Highway 27 with Ken­ 140 Cedar Street, New York, N.Y. 10006. 45223. Applicant’s representative: Milton tucky Highways 34 and 152 for purpose Authority sought to operate as a com­ H. Bortz (same address as applicant).

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5641 Authority sought to operate as a common Descriptions in Motor Carrier Certifi­ common carrier, by motor vehicle, over carrier, by motor vehicle, over irregular cates, 61 M.C.C. 209 and 766 (except irregular routes, transporting: Meats, routes, transporting: Iron and steel hides and commodities in bulk, in tank meat products, meat byproducts, and ar­ articles, from Huntington, W. Va., to vehicles), from the plantsite and/or ticles distributed by meat packinghouses, points in North Carolina and South storage facilities utilized by Wilson & Co., as described in sections A and C of ap­ Carolina. N o te : If a hearing is deemed Inc., at or near Logansport, Ind., to pendix I to the report in Descriptions in necessary, applicant requests it be held points in Alabama, Florida, Georgia, Motor Carrier Certificates, 61 M.C.C. 209 at Cincinnati, Ohio. Kentucky, North Carolina, South Caro­ and 766 (except hides and commodities in No. MC 21170 (Sub-No. 263), filed lina, Tennessee, and Virginia, restricted bulk, in tank vehicles), from the plant- March 25, 1968. Applicant: BOS LINES, to traffic originating at the plantsite sites and/or facilities of John Morrell & INC., 408 South 12th Avenue, Marshall­ and/or storage facilities utilized by Wil­ Co., at Madison and Sioux Falls, S. Dak., town, Iowa 50158. Applicant’s represen­ son & Co., Inc., and destined to the to points in Ohio, Michigan, Pennsyl­ tative: Gene R. Prokuski (same address above-specified destinations. N ote : Com­ vania, Maine, New Hampshire, Vermont, as above). Authority sought to operate mon control may be involved. If a hear­ Connecticut, Massachusetts, Rhode as a common carrier, by motor vehicle, ing is deemed necessary, applicant re­ Island, New York, New Jersey, Delaware, over irregular routes, transporting: quests it be held at Chicago, 111., or Maryland, Virginia, West Virginia, and Meats, meat products, and meat by­ Washington, D.C. the District of Columbia. Note: If a hear­ products, and articles distributed by No. MC 25869 (Sub-No. 79), filed ing is deemed necessary, applicant re­ meat packinghouses, as described in sec­ March 25, 1968. Applicant: NOLTE quests it be held at Minneapolis, Minn., or tions A and C of appendix I to the report BROS. TRUCK LINE, INC., Post Office Omaha, Nebr. in Descriptions in Motor Carrier Certifi­ Box 7184, South , Omaha, No. MC 30887 (Sub-No. 154), filed cates, 61 M.C.C. 209 and 766, except hides Nebr. Applicant’s representative: Donald March 25, 1968. Applicant: SHIPLEY and commodities in bulk, in tank ve­ L. Stem, 630 City National Bank Build­ TRANSFER, INC., 49 Main Street, Post hicles), from Canton, Ohio, to points in ing, Omaha, Nebr. Authority sought to Office Box 55, Reisterstown, Md. 21136. Connecticut, Delaware, Maryland, Mas­ operate as a common carrier, by motor Applicant’s representatives: Leonard A. sachusetts, Maine, New Hampshire, New vehicle, over irregular routes, transport­ Jaskiewicz, Madison Building, 1155 15th Jersey, New York, Pennsylvania, Rhode ing: Meats, meat products, meat by­ Street NW., Washington, D.C. 20005, Island, Vermont, and the District of products and articles distributed by meat and W. Wilson Corroum (same address Columbia. Note : If a hearing is deemed packinghouses as described in sections as applicant). Authority sought to oper­ necessary, applicant requests it be held A and C of appendix I to the report in ate as a common carrier, by motor ve­ at Cleveland or Columbus, Ohio. Descriptions in Motor Carrier Certifi­ hicle, over irregular routes, transporting: No. MC 25798 (Sub-No. 170), filed cates, 61 M.C.C. 209 and 766 (except com­ Petroleum products (except petro March 25, 1968. Applicant: CLAY HY- modities in bulk and except hides), from and chemicals, and asphalt and asphalt DER TRUCKING LINES, INC., 502 East Le Mars, Iowa, to points in Illinois, products), in bulk, in tank vehicles, from Bridgers Avenue, Post Office Box 1186, , South Dakota, Iowa, Indiana, terminals off the Colonial Pipeline in Aubumdale, Fla. 33823. Applicant’s rep­ and Kentucky, restricted to traffic origi­ Prince William County, at or near resentative: Harry Ross, 848 Warner nating at the plantsite and storage facili­ Manassas, Va., to points in Maryland Building, Washington, D.C. 20004. Au­ ties of Blue Ribbon Beef Pack, Inc. N o t e : and the District of Columbia. N o t e : If thority sought to operate as a common Common control may be involved. If a a hearing is deemed necessary, applicant carrier, by motor vehicle, over irregular hearing is deemed necessary, applicant requests it be held at Washington, D.C. routes, transporting: (1) Candy and con­ requests it be held at Omaha, Nebr. fectionery products; (2) advertising ma­ No. MC 31389 (Sub-No. 95), filed No. MC 30844 (Sub-No. 252), filed March 20, 1968. Applicant: McLEAN terials, including premium merchandise, March 24, 1968. Applicant: KROBLIN when moving with candy and confection­ TRUCKING COMPANY, a corporation, REFRIGERATED XPRESS, INC., 2125 617 Waugh town Street, Post Office Box ery products; and (3) materials and sup­ Commercial, Post Office Box 5000, Water­ plies used in manufacture, sale and/o: 213, Winston, D.C. 20036. Applicant's loo, Iowa 50704. Applicant’s representa­ representative: Francis W. Mclnerny, distribution of candy and confectioners tive: Truman A. Stockton, Jr., The 1650 products, between plantsites and storage 1000 16th Street NW., Washington, Grant Street Building, Denver, Colo. D.C. 20036. Authority sought to op­ facilities of Reed Candy Co., located at oi 80202. Authority sought to operate as a near Campbellsville, Ky., on the one erate as a common carrier, by motor common carrier, by motor vehicle, over vehicle, over regular routes, trans­ hand, and, on the other, points in Ala­ irregular routes, transporting: Meats, bama, Connecticut, Delaware, Florida porting: General commodities (except meat products, meat byproducts and ar­ those of unusual value, classes A and Georgia, Indiana, Maine, North Dakota ticles distributed by meat packinghouses Massachusetts, Maryland, Michigan B explosives, household goods as de­ as described in sections A and C of ap­ fined by the Commission, commodities Mississippi, New Hampshire, New Jersey pendix I to the report in Descriptions in New York, North Carolina, Ohio, Penn­ in bulk and those requiring special Motor Carrier Certificates, 61 M.C.C. 209 equipment) (1) between Youngstown, sylvania, South Carolina, Tennessee and 766, except hides and commodities Vermont, West Virginia, Virginia, Dis­ Ohio, and New Castle, Pa., (a) over U.S. trict of Columbia, Rhode Island in bulk, from the plantsite and storage Highway 422 to New Castle and return facilities utilized by Oscar Mayer & Co., over the same route, and (b) from Arkansas, Illinois, Iowa, Kansas, Louisi- Inc., Davenport, Iowa, to points in Michi­ juia, Minnesota, Missouri, Nebraska Youngstown over Ohio Highway 170 to ukiahoma, South Dakota, Texas, and gan, Ohio, and points in Indiana (except Poland, Ohio, thence over U.S. Highway those within the Chicago, 111., commer­ 224 to New Castle, and return over the Wisconsin. N ote : If a hearing is deemed necessary, applicant requests it be held cial zone), restricted to the transporta­ same route, and (2) between Pittsburgh w Louisville or Lexington, Ky. tion of traffic originating at the described and New Castle, Pa., (a) from Pitts­ plantsite and storage facilities and des­ burgh over Pennsylvania Highway 65 to ivrol\ 25798 (Sub-No. 171), filed tined to points in the States named. New Brighton, Pa., thence over Pennsyl­ ^ C|L2?’ 1968. Applicant: CLAY HY- N ote : Common control may be involved. vania Highway 18 to New Castle, and TRUCKIlsrG LINES, INC., 502 Easl return over the same route, (b) from A,?K,genl Avenue, Post Office Box 1186 If a hearing is deemed necessary, appli­ cant requests it be held at Chicago, 111., Pittsburgh over U.S. Highway 19 to w, ^rn5ale’ Pla- 33823. Applicant’s rep- resentahve: Tony G Russell (same ad. or Madison, Wis. junction U.S. Highway 422, thence over No. MC 30844 (Sub-No. 253), filed U.S. Highway 422 to New Castle, and o^ fQ,as applicant). Authority sought tc return over the same route; serving TS M a common carrier, by motoi March 24, 1968. Applicant: KROBLIN REFRIGERATED XPRESS, INC., 2125 points in Lawrence and Butler Counties, inv irregular routes, transport- Pa., on or South of U.S. Highway 422 meat products and meat by- Commercial, Post Office Box 5000, Water­ loo, Iowa 50704. Applicant’s representa­ and those in Beaver and Allegheny varktZll and articles distributed by meat tive: Truman A. Stockton, Jr., The 1650 Counties, Pa., as intermediate and off- a S ? T s’ m described in sections C of appendix I to the report in Grant Street Building, Denver, Colo. route points in connection with (1) and 80202. Authority sought to operate as a (2) above. Applicant states (1) service

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5642 NOTICES is restricted against shipments originat­ points in Massachusetts (except Bos­ Roosevelt, Sandoval, San Juan, Sierra, ing at Youngstown, or points in its ton) and Connecticut (except those Socorro, and Valencia Counties, N. Mex. commercial zone, for delivery at the points within 25 miles of New York, N ote : The purpose of this republication Pennsylvania points indicated and N.Y.). N o t e : Applicant holds contract is to delete “from the plantsite of Mor­ against shipments originating at the authority in MC 118570, therefore dual ton Salt Co., located at South Hutchin­ Pennsylvania points indicated for deliv­ operations may be involved. If a hearing son, Kans.” and show Hutchinson, Kans., ery at Youngstown, or points in its is deemed necessary, applicant requests as origin point. It a hearing is deemed commercial zone (2) in the event any it be held at Washington, D.C., or Harris­ necessary, applicant requests it be held highway route segment sought herein burg, Pa. at Kansas City, Mo. duplicates any highway route segment No. MC 48958 (Sub-No. 100), filed No. MC 50069 (Sub-No. 404), filed now authorized, they shall be considered March 20, 1968. Applicant: ILLINOIS- March 25, 1968. Applicant: REFINERS as constituting only one operating right. CALIFORNIA EXPRESS, INC., 510 East TRANSPORT & TERMINAL COR- Note: If a hearing is deemed necessary, 51st Avenue, Denver, Colo. 80216. Au­ PORATIpN, 930 North York Road, applicant requests it be held at Wash­ thority sought to operate as a common Hinsdale, HI. Applicant’s representative: ington, D.C. carrier, by motor vehicle, over regular Robert H. Levy, 29 South La Salle Street, No. MC 31389 (Sub-No. 96), filed routes, transporting: General commodi­ Chicago, HI. 60603. Authority sought to March 24, 1968. Applicant: McLEAN ties (except those of unusual value, operate as a common carrier, by motor classes A and B explosives, intoxicating vehicle, over irregular routes, transport­ TRUCKING COMPANY, a corporation, ing: Petroleum polybutene and petro­ 617 Waughtown Street, Post Office Box liquors, household goods as defined by 213, Winston-Salem, N.C. 27102. Appli­ the Commission, commodities in bulk, leum oil additives, in bulk, in tank cant’s representative: Francis W. commodities requiring special equipment, vehicles, from Wood River, HI., to points Mclnemy, Suite 502, 1000 16th Street and those injurious or contaminating to in Ohio, New Jersey, and Pennsylvania. NW„ Washington, D.C. 20036. Authority other lading), between Kansas City, Mo., N o t e : Applicant states the purpose of and Springfield, Iff., from Kansas City this instant applicant is to eliminate a sought to operate as a common carrier, gateway and tacking, as applicant has hy motor vehicle, over regular routes, over Interstate Highway 70 to junction transporting: General commodities (ex­ Interstate Highway 270, thence over authority to the points involved by tack­ Interstate Highway 270 to junction In­ ing. Common control and dual authority cept those of unusual value, classes A may be involved. If a hearing is deemed and B explosives, household goods as terstate Highway 55 (U.S. Highway 66), thence over Interstate Highway 55 (U.S. necessary, applicant requests it be held defined by the Commission, commodities at Chicago, HI. in bulk, and those requiring special Highway 66) to Springfield, and return over the same route, as an alternate No. MC 52110 (Sub-No. 108), filed equipment), between Indianapolis,.Ind., April 1, 1968. Applicant: BRADY and Minneapolis, Minn., over U.S. High­ route for operating convenience only, in connection with applicant’s regular route MOTORFRATE, INC., 2150 Grand way 52 to junction U.S. Highway 41, Avenue, Des Moines, Iowa 50312, Appli­ thence over U.S, Highway 41 to Chicago, operations, serving no intermediate points, and serving Kansas City, Mo., and cant’s representative: Homer E. Brad­ thence over U.S. Highway 12 (also over shaw; 11th Floor, Des Moines Building, U.S. Highway 14) to Madison, Wis., Springfield, 111., for purposes of joinder only. Des Moines, Iowa 50309. Authority thence over U.S. Highway 12 to Min­ sought to operate as a common carrier, neapolis, and return over the same route, No. MC 49504 (Sub-No. 17) (Amend­ by motor vehicle, over irregular routes, serving no intermediate points, as an ment) , filed February 5, 1968, published transporting: Meat, meat products, meat alternate route for operating convenience in F ederal R egister issue of February 22, byproducts, and articles distributed by only. N ote : If a hearing is deemed neces­ 1968, amended March 27, 1968, and re­ meat packinghouses, as described in sec­ sary, applicant requests it be held at published as amended, this issue. Appli­ tions A and C of appendix I to the report Washington, D.C. cant: McCUE TRANSFER, INC., 3524 in Descriptions in Motor Carrier Certifi­ No. MC 31389 (Sub-No. 97), filed East Fourth Street, Hutchinson, Kans. cates, 61 M.C.C. 209 and 766 (except March 25, 1968. Applicant: McLEAN 67501. Applicant’s representative: John hides and commodities in bulk in tank TRUCKING COMPANY, a corporation, E. Jandera, 641 Harrison Street, Topeka, vehicles) from the plantsite and/or 617 Waughtown Street, Post Office Box Kans. 66603. Authority sought to op­ erate as a common carrier, by, motor warehouse facilities of George A. Hormel 213, Winston-Salem, N.C. 27102. Appli­ & Co., at Fremont, Nebr., to points in cant’s representative: Francis W. vehicle, over irregular routes, transport­ Indiana, Ohio, the Lower Peninsula of Mclnemy, Suite 502, 1000 16th Street ing: Salt and salt products, and products Michigan and Louisville, Ky., restricted NW., Washington, D.C. 20036. Authority used in agricultural, water treatment, food processing, wholesale grocery and to traffic destined to the above-named sought to operate as a common carrier, destination points. N ote : If a hearing is by motor vehicle, over regular routes, institutional supply industries when deemed necessary, applicant requests it transporting: General commodities (ex­ shipped in mixed truck loads with salt and salt products, from Hutchinson, be held at Des Moines, Iowa, or Chicago, cept those of unusual value, classes A HI. and B explosives, household goods as Kans., to points in Nebraska, Minnesota, North Dakota, South Dakota, Missouri No. MC 61396 (Sub-No. 204), filed defined by the Commission, commodities March 20, 1968. Applicant: HERMAN in bulk and those requiring special equip­ (except St. Joseph, St. Louis, and points in the Kansas City, Mo.-Kans., commer­ BROSv, INC., 2501 North 11th Street, ment) , serving the plantsite of the Blue Omaha, Nebr. Applicant’s representa­ Ridge Shoe Co. near Mountain City, cial zone), Wyoming, Arkansas, points in Cochran, Bailey, Randall, Roberts, tives: Donald L. Stem, 630 City National Term., as an off-route point in connec­ Bank Building, Omaha, Nebr., and Dale tion with applicant’s existing regular- Crosby, Swisher, Potter, Sherman, Wichita, Lubbuck, Castro, Oldham, G. Herman, Post Office Box 189, Omaha, route authority. N o t e : If a hearing is Nebr. 68101. Authority sought to operate deemed necessary, applicant requests it Dallam, Cottle, Hay, Gray, Ochiltre, Yoakum, Dickens* Briscoe, Carson, Hans­ as a common carrier, by motor vehicle, be held at Washington, D.C., Charlotte, over irregular routes, transporting: N.C., or Kingsport, Term. ford, Floyd, Collingsworth* Hartley, Foard, Kent, Terry, Motley, Childress, Cement, from the terminal location of No. MC 44302 (Sub-No. 3), filed Wheeler, Lipscomb, Lamb, Armstrong, Dundee Cement Co. near Rock Island, March 27, 1968. Applicant: BENNY Hutchinson, Wilbarger, Linn, Hale, ILL, to points in Minnesota and Wiscon­ DEFAZIO, JR., 1028 Springbrook Ave­ Donley, Moore, Hockley, Farmer, Deaf sin. N ote : If a hearing is deemed neces­ sary, applicant does not specify location. nue, Moosic, Pa. 18507. Applicant’s rep­ Smith, Hemphill, Hardeman, and Garza resentative: Christian V. Graf, 407 No. MC 61403 (Sub-No: 180), filed Counties, Tex., and points in Curry, North Front Street, Harrisburg, Pa. March 28,1968. Applicant: T H E MASON 17101. Authority sought to operate as a Bernalillo, Mona, Sante Fe, Colfax, AND DIXON TANK LINES, INC., East­ common carrier, by motor vehicle, over Harding, Los Alamos, Teas, Quay, man Road, Post Office Box 47, Kingsport. irregular routes, transporting: Paper and Guadalupe, Union, San Miquel, Tor­ Tenn. 37662. Applicant’s representative: paper products, from the plantsite of rance, Rio Arriba, Catron, Chaves, De- W. C. Mitchell, 140 Cedar Street, New Swanee Paper Corp. in Ransom Town­ Baca, Dona Ana, Eddy, Grant, Hidalgo, York, N.Y. Authority sought to operate ship (Lackawanna County>, Pa., to Lea, Lincoln, Luna, McKinley, Otero, as a common carrier, by motor vehicle,

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5643

over irregular routes, transporting: Plas­ thority sought to operate as a common rier Certificates, 61 M.C.C. 209 and 766 tic materials, in bulk, from Perryville, carrier, by motor vehicle, over irregular /except hides and commodities in bulk, Md., to points in Alabama, Connecticut, routes, transporting: Paper and paper in tank vehicles), from the plantsite and Delaware, Florida, Georgia, Illinois, articles; materials, equipment, and sup­ cold storage facilities utilized by Wilson Indiana, Kentucky, Maine, Maryland, plies used in the/ manufacture and proc­ & Co., Inc., at or near Logansport, Ind., Massachusetts, Michigan, Mississippi, essing of paper and particles (except to points in Alabama, Florida, Georgia, New Hampshire, New Jersey, New York, in bulk, in tank vehicles) between the Kentucky, , Mississippi, North North Carolina, Ohio, Pennsylvania, plantsite of the West Virginia Pulp & Carolina, and Tennessee, restricted to Rhode Island, South Carolina, Tennessee, Paper Co., at or near Wickliffe, Ky., and the transportation of the Wilson & Co., Vermont, Virginia, West Virginia, Wis­ points in Alabama, Arkansas, Florida, Inc., traffic originating at the above- consin, and the District of Columbia. Georgia, Illinois, Indiana, Iowa, Kansas, specified plantsite and cold storage facili­ Note: If a hearing is deemed necessary, Kentucky, Louisiana, Michigan, Missis­ ties and destined to the above-specified applicant requests it be held at Philadel­ sippi, Missouri, North Carolina, South destination points. N o t e : Common con­ phia, Pa., or Washington. D.C. Carolina, Tennessee, Texas, Virginia, trol may be involved. If a hearing is No. MC 61592 (Sub-No. 105), filed West Virginia, Wisconsin, and the Dis­ deemed necessary, applicant requests it March 24, 1968. Applicant: JENKINS trict of Columbia. N o t e : If a hearing is be held at Indianapolis, Ind., or Wash­ TRUCK LINE, INC., 3708 Elm Street, deemed necessary, applicant requests it ington, D.C. Bettendorf, Iowa 52722. Applicant’s rep­ be held at Nashville and Memphis, Tenn., No. MC 10066 (Sub-No. 118), filed resentative: R. Connor Wiggins, Jr., 909, or Louisville, Ky. March 25, 1968. Applicant: MELTON 100 North Main Building, Memphis, No, MC 78228 (Sub-No. 23), filed TRUCK LINES, INC., Post Office Box Term. 38103. Authority sought to operate March 25, 1968. Applicant: THE J. MIL­ 7666, Shreveport, La. 71107. Applicant’s as a common carrier, by motor vehicle, LER COMPANY, a corporation, 147 representative: Wilburn L. Williamson, over irregular routes, transporting: Agri­ Nichol Avenue, McKees Rocks, Pa. 15134. 450 American National Building, Okla­ cultural implements, farm machinery, Applicant’s representative: Henry M. homa City, Okla. 73102. Authority sought farm equipment, and parts and attach­ Wick, Jr., 2310 Grant Building, Pitts­ to operate as a common carrier, by motor ments, from Hernando, Miss., to points burgh, Pa. 15219. Authority sought to vehicle, over irregular routes, transport­ in the United States including the Dis­ operate as a cbmmon carrier, by motor ing: Composition board, from the plant- trict of Columbia, and excluding Wash­ vehicle, over irregular routes, transport­ site of UJS. Plywood-Champion Papers, ington, Oregon, California, Nevada, ing: -Ferro alloys, silicon metal and Inc., at or near Oxford, Miss., to points Idaho, Montana, Wyoming, Colorado, metal, in dump vehicles, be­ in Arkansas, Iowa, Kansas, Louisiana, New Mexico, Alaska, and Hawaii. Note: tween Graham, W. Va., Vancoram and Nebraska, Oklahoma, and Texas. N o te : Applicant states tacking possibilities Vanadis, Ohio, on the one hand, and, on Applicant states that the authority with its Sub 20 at Cleburne, Tex., to the other, points in Kentucky, Illinois, sought herein could be tacked with its points in the United States including Indiana, Michigan, Missouri, Ohio, and Sub 66 at the plantsite of the Celotex Alaska, but excluding Hawaii, New York, Iowa. N o te : If a hearing is deemed nec­ Corp. at or near Hamlin, Tex., and serve Maine, Vermont, New Hampshire, essary, applicant requests it be held at New Mexico; with its Sub 67 at Duke, Massachusetts, and Rhode Island. If a Washington, D.C., or New York, N.Y. Okla., and serve New Mexico or Colorado hearing is deemed necessary, applicant No. MC 93393 (Sub-No. 13), filed and with its Sub 101 at the plantsite or requests it be held at Washington, D.C. March 27, 1968. Applicant: EDWIN H. storage facilities of International Paper No. MC 64112 (Sub-No. 37), filed NELSON AND ALFRED S. NELSON, a Co. at or near Gifford, Ark., and serve March 25, 1968. Applicant: NORTH­ partnership, doing business as NIGHT­ New Mexico or Colorado. If a hearing is EASTERN TRUCKING COMPANY, a WAY TRANSPORTATION CO., 4106 deemed necessary, applicant requests it corporation, 2508 Starita Road, Post South Emerald Avenue, Chicago, HL be held at Washington, D.C., or Mem­ Office Box 1493, Charlotte, N.C. 28201. Applicant’s representative: Joseph M. phis, Tenn. Applicant’s representative: Harry Ross, Scanlan, 111 West Washington Street, No. MC 102982 (Sub-No. 12), filed 848 Warner Building, Washington, D.C. Chicago, HI. Authority sought to operate March 28, 1968. Applicant: GEORGE W. 20004. Authority sought to operate as a as a common carrier, by motor vehicle, KUGLER, INC., 2800 East Waterloo common carrier, by motor vehicle, over over irregular routes, transporting: Road, Akron, Ohio 44312. Applicant’s irregular routes, transporting: (1) Candy Meats, meat products, meat byproducts representative: John McMahon, 100 East and confectionery products; (2) adver­ and articles distributed by meat packing­ Broad Street, Columbus, Ohio 43215. Au­ tising materials, including premium houses, as described in sections A and C thority sought to operate as a contract merchandise, moving in mixed loads with of appendix I to the report m Descrip­ carrier, by motor vehicle, over irregular candy and confectionery products; and tions in Motor Carrier Certificates, 61 routes, transporting: Clay and refractory (3) materials and supplies used in manu­ M.C.C. 209 and 766 (except hides and products and materials, and materials facture, sale, and/or distribution of commodities in bulk in tank vehicles), and supplies used in the installation candy and confectionery products, be­ from the plantsite and/or cold storage thereof, from Carol Stream, HI., and tween plantsites and storage facilities of facilities utilized by Wilson & Co., Inc„ Streator, HL. to points in Indiana, Iowa, Reed Candy Co. at or near Campbells- at or near Logansport, Ind., to Louis­ Kentucky, Michigan, Missouri, Ohio, and Ky., on the one hand, and, on the ville, Ky., and points in Hlinois, Mich­ Wisconsin, under contract with The other, points in Alabama, Connecticut, igan, and Ohio, restricted to the Streator Division of Clow Corp. N ote: Florida, Georgia, Indiana, Maine, Massa­ transportation of Wilson & Co., Inc., Applicant holds common carrier author­ chusetts, Michigan, Mississippi, New traffic originating at the above-specified ity under Docket No. MC 125533 (Sub- Hampshire, New Jersey, New York, North plantsite and/or cold storage facilities No. 1), therefore, dual operations may Carolina, Ohio, Pennsylvania, Rhode and destined to the above-specified be involved. If a hearing is deemed nec­ island, South Carolina, Tennessee, Ver­ destination points. N ote: If a hearing essary, applicant requests it be held at mont, Virginia, Illinois, Louisiana, Min­ is deemed necessary, applicant requests Washington, D.C., or Chicago, 111. nesota Missouri, Texas, and the District it be held at Chicago, HI. No. MC 104004 (Sub-No. 175), filed c<"umbia. N o t e : If a hearing is No. MC 95540 (Sub-No. 728), filed March 25, 1968. Applicant: ASSOCI­ necessary, applicant requests it March 25, 1968. Applicant: WATKINS ATED TRANSPORT, INC., 380 Madison held at Louisville or Lexington, Ky. MOTOR LINES, INC., 1120 West Grif­ Avenue, New York, N.Y. 10017. Appli­ No MC 69492 (Sub-No. 34), filed fin Road, Lakeland, Fla. 33801. Authority cant’s, representative: John P. Tynan, FnSr^25, 1968. Applicant: HENRY sought to operate as a common carrier, 69-20 Fresh Pond Road, New York doinS business as HENRY by motor vehicle, over irregular routes, (Ridgewood), N.Y. 11227. Authority F w fS P 8 TRUCKING COMPANY, transporting: Meats, meat products, sought to operate as a common carrier, ost Office Box 97, Clinton, Ky. 42301. meat byproducts, and articles distributed by motor vehicle, over regular routes, » ¡¡¡¡a i ? ’8 rePresentative: Walter Har- by meat packinghouses, as described in transporting: General commodities, (ex­ RnmV- 515 Nashville Bank and Trust sections A and C of the appendix I, to cept those of unusual value, classes A and nuuding, Nashville, Term. 37201. Au­ the report in Descriptions in Motor Car­ B explosives, household goods as defined

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5644 NOTICES by the Commission, and commodities in Texas. N o t e : If a hearing is deemed ing: Composition board, from the plant- bulk), between Nashville, and Cumber­ necessary, applicant requests it be held at site of U.S. Plywood-Champion Papers, land City, Tenn., from Nashville over Washington, D.C., dr Memphis, Tenn. Inc., at or near Oxford, Miss., to points Tennessee Highway 12 to junction Ten- No. MC 106760 (Sub-No. 91), filed in Illinois, Indiana, Missouri, Ohio, and nesee Highway 49, thence over Tennessee March 21, 1968. Applicant: WHITE- Virginia. N o t e : Common control and Highway 49 to Erin, Tenn., thence over HOUSE TRUCKING, INC., 2905 Airport dual operations may be involved. If a Tennessee Highway 149 to Cumberland Highway, Toledo, Ohio 43614. Applicant’s hearing is deemed necessary, applicant City, and return over the same route representative: O. L. Thee, 1925. Na­ requests it be held at Washington, DC serving all intermediate and off-route tional Plaza, Tulsa, Okla. 74131. Author­ No. MC 107002 (Sub-No. 347), filed points within 5 miles of Cumberland ity sought to operate as a common carrier, March 29, 1968. Applicant: MILLER City, Tenn., including the Cumberland by motor vehicle, over irregular routes, TRANSPORTERS, INC., Post Office Box City steam plant. N o t e : If a hearing is transporting: Prefabricated houses and 1123, U.S: Highway 80 West, Jackson, deeemed necessary, applicant requests it buildings, prefabricated house and build­ Miss. 39205. Applicant’s representative: be held at Nashville, Tenn. ing panels, with parts and accessories, John J. Borth, Post Office Box 1123, No. MC 105813 (Sub-No. 163), filed from Des Moines, Iowa, to points in New Jackson, Miss. 39205, and H. D. Miller, March 25, 1968. Applicant: BELFORD Mexico and Utah. N o t e : Common con­ Jr. (same address as applicant). Author­ TRUCKING CO., INC., 3500 Northwest trol and dual operations may be involved. ity sought to operate as a common car­ 79th Avenue, Post Office Box 154, M.I.A., If a hearing is deemed necessary, appli­ rier, by motor vehicle, over irregular Miami, Fla. 33148. Applicant’s repre­ cant requests it be held at Des Moines, routes, transporting: Dry animal and poultry feed and ingredients, from Mem­ sentative: Harry Ross, 848 Warner Iowa. Building, Washington, D.C. 20004. Au­ No. MC 106760 (Sub-No. 94), filed phis, Tenn., to points in Alabama, Ar­ thority sought to operate as a common March 26, 1968. Applicant: WHITE- kansas, Florida, Georgia, Kentucky, carrier, by motor vehicle, over irregular HOUSE TRUCKING, INC., 2905 Airport Louisiana, Missouri, Mississippi, Okla­ routes, transporting: (1) Candy and Highway, Toledo, Ohio 43614. Applicant’s homa, and Tennessee. N o te : Applicant confectionery products; (2) advertising representatives: O. L. Thee, 1925 Na­ states that no duplicating authority is materials, including premium merchan­ tional Plaza, Tulsa, Okla. 74151, and being sought. If a hearing is deemed dise, when moving in mixed loads with Leonard A. Jaskiewicz, 1155 15th Street necessary, applicant requests it be held candy and confectionery products; and NW., Washington, D.C. Authority sought at Kansas City, Mo. (3) materials and supplies used in manu­ to operate as a common carrier, by motor No. MC 107496 (Sub-No. 653), filed facture, sale and/or distribution of candy vehicle, over irregular routes, transport­ March 29, 1968. Applicant: RUAN and confectionery products, between ing: Ventilators, steel and/or aluminum TRANSPORT CORPORATION, Keo- plantsites and storage facilities of Reed continuous ridge and/or powered fan sauqua Way at Third, Post Office Box Candy Co. located at or near Campbells- type,■■'from Atlanta, Ga., to points in 855, Des Moines, Iowa 50304. Applicant’s ville, Ky., on the one hand, and, on the Minnesota, South Dakota, Nevada, representative: H. L. Fabritz (same ad­ other, points in Alabama, Florida, Kansas, Oklahoma, Texas, Florida, New dress as applicant). Authority sought to Georgia, North Carolina, and South operate as a common carrier, by motor York, Connecticut, Rhode Island, Mas­ vehicle, over irregular routes, transport­ Carolina. N o t e : If a hearing is deemed sachusetts, New Hampshire, Vermont, ing: Petroleum products, in bulk, from necessary, applicant requests it be held and Maine. N o t e : Common control and at Louisville or Lexington, Ky. the plantsite of the Kaneb Pipe Line Co. dual operations may be involved. If a terminal at or near Le Mars, Iowa, to No. MC 106644 (Sub-No. 88), filed hearing is deemed necessary, applicant points in Minnesota, Nebraska, and requests it be held at Atlanta, Ga. March 25, 1968. Applicant: SUPERIOR South Dakota. N o t e : If a hearing is TRUCKING COMPANY, INC., 2770 No. MC 106760 (Sub-No. 95), filed deemed necessary, applicant requests it Peyton Road NW., Atlanta, Ga. 30321. March 26, 1968. Applicant: WHITE- be held at Des Moines, Iowa. Applicant’s representative: Otis E. HOUSE TRUCKING, INC., 2905 Airport No. MC 107839 (Sub-No. 123), filed Stovall, Post Office Box 17050, Atlanta, Highway, Toledo, Ohio 43614. Applicant’s March 21, 1968. Applicant: DENVER- Ga. 30321. Authority sought to operate representatives: O. L. Thee, 1925 Na­ ALBUQUERQUE MOTOR TRANS­ as a common carrier, by motor vehicle, tional Plaza, Tulsa, Okla. 74151 and L. A. PORT, INC., 4985 York Street, Post over irregular routes, transporting: Jaskiewicz, Madison Building, 1155 15th Office Box 16021, Denver, Colo. 80216. Particleboard, from the plantsite of the Street NW., Washington, D.C. Authority Applicant’s representative: Marion Wk Weyerhaeuser Co., at or near Adel (Cook sought to operate as a common carrier, by Jones, 420 Denver Club Building, Den­ County), Ga., to points in Alabama, motor vehicle, over irregular routes, ver, Colo. 80202. Authority sought to op­ Arkansas, Connecticut, Delaware, Dis­ transporting: Building panels, sections, erate as a common carrier, by motor trict of Columbia, Florida, Georgia, wallboard, building board, and acces­ vehicle, over irregular routes, transport­ Illinois, Indiana, Iowa, Kentucky, Louisi­ sories, (1) from Chesapeake, Va., to Ala­ ing: Meats, meat products, meat by­ ana, Maine, Maryland, Massachusetts, bama, Arkansas, Connecticut, Delaware, products, and dairy products, and ar­ Michigan, Mississippi, Missouri, New Georgia, Illinois, Indiana, Iowa, Kansas, ticles distributed by meat packinghouses, Hampshire, New York, New Jersey, North Kentucky, Louisiana, Maryland, Min­ as described in sections A, B, and C of Carolina, Oklahoma, Ohio, Pennsylvania, nesota, Michigan, Mississippi, Missouri, appendix I,'Description in Motor Car­ Rhode Island, South Carolina, Tennessee, Nebraska, New Jersey, North Carolina, rier Certificates, 61 M.C.C. 766 and 209 Texas, Vermont, Virginia, West Virginia, North Dakota, Ohio, Oklahoma, Penn­ (except commodities in bulk, in tank and Wisconsin. N o t e : If a hearing is sylvania, South Carolina, South Dakota; vehicles, and hides), from Denver, Colo­ deemed necessary, applicant requests it Tennessee, Texas, Virginia, West Vir­ rado Springs, Pueblo, and Greely, Colo., be held at Washington, D.C., or Atlanta, ginia, and Wisconsin; (2) from Newark, to points in Arizona, California, ana Ga. N. J., to Connecticut, Rhode Island, Mas­ Nevada. N o t e : If a hearing is deemed No. MC 106644 (Sub-No. 89), filed sachusetts, New Hampshire, Vermont, necessary, applicant requests it be hem March 25, 1968. Applicant: SUPERIOR and Maine. N o t e : Common control and at Denver, Colo., or Los Angeles, cal • TRUCKING COMPANY, INC., 2770 dual operations may be involved. If a No. MC 108407 (Sub-No. 8), nlea Peyton Road, NW., Atlanta, Ga, 30321. hearing is deemed necessary, applicant March 29, 1968. Applicant: Applicant’s representative: Otis E. requests it be held at Washington, D.C. TRANSPORTATION CORP., 20?9. „ n,‘ Stovall, Post Office Box 17050, Atlanta, No. MC 106760 (Sub-No. 96), filed nedy Boulevard, Jersey City, N.J. Olo • Ga. 30321. Authority sought to operate March 26, 1968. Applicant: WHITE- Applicant’s representative: George • as a common carrier, by motor vehicle, HOUSE TRUCKING, INC., 2905 Airport Olsen, 69 Tonnele Avenue, Jersey ony. over irregular routes, transporting: Highway, Toledo, Ohio 43614. Appli­ N.J. 07306. Authority sought to operas Composition board, from the plantsite of cant’s representative: Leonard A. Jas- as a common carrier, by motor v®“ ’ U.S. Plywood-Champion Papers, Inc., at kiewica, 1155 15th Street NW., Washing­ over irregular routes, transporting. or near Oxford, Miss., to points in ton, D.C. 20005. Authority sought to Wearing apparel, from Ruthig Florida, Georgia, Indiana, Kentucky, operate as a common carrier, by motor portation Corp. terminal at New * ’ North Carolina, South Carolina, and vehicle, over irregular routes, transport­ N.Y., to the John Wanamaker Store,

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5645

Wilmington, Del. N o t e : If a hearing is at Portsmouth, Ohio, thence over U.S. above ./If a hearing is deemed necessary, deemed necessary, applicant requests it Highway 23 to Marion, Ohio, and thence applicant requests it be held at Sioux be held at Washington, D.C., or New over Ohio Highway 4 to Sandusky, and City, Iowa, or Omaha, Nebr. York, N.Y. C2) materials, equipment, and supplies No. MC 113828 (Sub-No. 140), filed No. MC 109449 (Sub-No. 12) , filed used in the manufacture, packing, and March 26, 1968. Applicant: O’BOYLE March 29, 1968. Applicant: EMIL J. shipping of glass containers, caps, stop­ TANK LINES, INCORPORATED, 4848 KUJAK, HUBERT I. KUJAK, MARTIN pers, and covers, on return. N o te : The Cordell Avenue, Washington, D.C. 20014. KUJAK, AND FRANK KUJAK, a part­ purpose of this republication is to add Applicant’s representative: William P. nership, doing business as KUJAK “Pa.” to the words McKean County. If a Sullivan, Federal Bar Building West, BROS. TRANSFER, 352 Junction Street, hearing is deemed necessary,' applicant 1819 H Street NW, Washington, D.C. Winona, Minn. 55987. Applicant’s repre­ requests it be held at Washington, D.C., Authority sought to operate as a com­ sentative: Charles E. Nieman, 1160 or Pittsburgh, Pa. mon carrier, by motor vehicle, over ir­ Northwestern Bank Building, Minneap­ .No. MC 112617 (Sub-No. 248), filed regular routes, transporting: Plastic olis, Minn. 55402, Authority sought to March 26, 1968. Applicant: LIQUID materials, in bulk, from Perryville, Md., operate as a common carrier, by motor TRANSPORTERS, INC., Post Office Box to points in Alabama, Connecticut, vehicle, over irregular routes, trans­ 5135, Cherokee Station, Louisville, Ky. Delaware, Florida, Georgia, Illinois, In­ porting: Dry fertilizer, from Winona, 50205. Applicant’s representative: L. A. diana, Kentucky, Maine, Maryland, Minn., to points in Nebraska and points Jaskiewicz, 600 Madison Building, 1155 Michigan, Massachusetts, Mississippi, in Adair, Adams, Appanoose, Audubon, 15th Street NW„ Washington, D.C. 20005. New Hampshire, New Jersey, New York, Boone, Buena Vista, Calhoun, Carroll, Authority sought to operate as a common North Carolina, Ohio, Pennsylvania, Cass, Cherokee, Clarke, Clay, Crawford, carrier, by motor vehicle, over irregular Rhode Island, South Carolina, Ten­ Dallas, Davis, Decatur, Des Moines, routes, transporting: Uranium hexa- nessee, Vermont, Virginia, West Vir­ Dickinson, Fremont, Greene, Guthrie, flouride, in bulk, in steel cylinders, from ginia, Wisconsin, and the District of Harrison, Henry, Ida, Jefferson, Keokuk, Metropolis, HI., to Oak Ridge, Tenn., and Columbia. N o t e : If a hearing is deemed Lee, Louisa, Lucas, Lyon, Madison, Portsmouth, Ohio, and empty steel necessary, applicant requests it be held Mahaska, Marion, Mills, Monona, Mon­ cylinders, on return. N o te : If a hearing at Washington, D.C. roe, Montgomery, O’Brien, Osceola, Page, is deemed necessary, applicant requests No. MC 113843 (Sub-No. 139), filed Plymouth, Pocahontas, Polk, Pottawat­ it be held in Washington, D.C., at a joint March 25, 1968. Applicant: REFRIG­ tamie, Ringgold, Sac, Shelby, Sioux, hearing with Southern Tank Lines, Inc., ERATED FOOD EXPRESS, INC., 316 Taylor, Union, Van Buren, Wapello, and Davis Transport, Inc. Summer Street, Boston, Mass. 02110. Ap­ Warren, Wayne, and Woodbury Counties, No. MC 113267 (Sub-No. 194), filed plicant’s representative: Jack H. Blan- Iowa. Note: If a hearing is deemed neces­ March 25, 1968. Applicant: CENTRAL shan, 29 South La Salle Street, Chicago, sary, applicant requests it be held at & SOUTHERN TRUCK LINES, INC., HI. 02110. Authority sought to operate Minneapolis or St. Paul, Minn. 312 West Morris Street, Caseyvfile, 111. as a common carrier, by motor vehicle, No. MC 111941 (Sub-No. 12), filed Applicant’s representative: Harry Ross, over irregular routes, transporting: March 27,1968. Applicant: PIERCETON 848 Warner Building, Washington, D.C. Meats, meat products, meat byproducts, TRUCKING COMPANY, INC., Laketon, 20004. Authority sought to operate as a and articles distributed by meat packing­ Ind. 46943. Applicant’s representative: common carrier, by motor vehicle, over houses, as described in sections A and C Alki E. Scopelitis, 511 Fidelity Building, irregular routes, transporting: (1) Candy of appendix I to the report in Descrip­ Indianapolis, Ind. 46204. Authority and confectionery products; (2) adver­ tions in Motor Carrier Certificates, 61 sought to operate as a common carrier, tising materials, including premium M.C.C. 209 and 766 (except hides and by motor vehicle, over irregular routes, merchandise, moving in mixed loads with commodities in bulk, in tank vehicles), transporting: (1) Prefabricated steel candy and confectionery products; and from the plantsite and/or cold storage and materials, equipment, and supplies (3) materials, and supplies used in man­ facilities utilized by Wilson & Co., Inc., used in the installation and erection of ufacture, sale, and distribution of candy at or near Logansport, Ind., to points in prefabricated steel when moving at the and confectionery products, between the Connecticut, Maine, Massachusetts, New same time and in the same vehicle with plantsites and storage facilities of Hampshire, New Jersey, New York, prefabricated steel, from Muncie, Ind., Reed Candy Co. at or near Campbells- Pennsylvania, Rhode Island, and Ver­ to points in Illinois, Indiana, Kentucky, ville, Ky., on the one hand, and, on the mont, restricted to the transportation of Michigan, Ohio, and Wisconsin, and (2) other, points in Alabama, Florida, Wilson & Co., Inc., traffic originating at precast concrete and materials, equip­ Georgia, Indiana, Michigan, Mississippi, the above-specified plantsite and/or ment, and supplies used in the installa­ North Carolina, Ohio, Pennsylvania, cold storage facilities and destined to the tion and erection of precast concrete South Carolina, Tennessee, Arkansas, above-specified destinations. N ote : when moving at the same time and in Hlinois, Iowa, Kansas, Louisiana, Min­ Common control may be involved. If a the same vehicle with precast concrete, nesota, Missouri, Nebraska, Oklahoma, hearing is deemed necessary, applicant from Indianapolis, Ind., to points in New Texas, and Wisconsin. N o te : Common requests it be held at Chicago, HI. York, Pennsylvania, Wisconsin, and control may be involved. If a hearing is No. MC 114045 (Sub-No. 311), filed deemed necessary, applicant requests it Iowa. Note; If a hearing is deemed neces­ March 25, 1968. Applicant: TRANS­ sary, applicant requests it be held at be held at Louisville, Ky. COLD EXPRESS, INC., Post Office Box Indianapolis, Ind., or Chicago, HI. No. MC 113678 (Sub-No. 296) (Amend­ 5842, Dallas, Tex. 75222. Applicant’s rep­ No. MC 111956 (Sub-No. 15) (Clarifi­ ment) , filed October 30, 1967, published resentative: R. L. Moore (same address cation), filed March 5, 1968, published F ederal R egister issue November 16, as applicant). Authority sought to oper­ 1967, and republished as amended this in Federal R egister issue of March 21, ate as a common carrier, by motor ve­ issue. Applicant: CURTIS, INC., 770 hicle, over irregular routes, transporting: b8> and republished as clarified this East 51st Avenue, Denver, Colo. 80216. ^ Applicant: SUWAK TRUCKING Meats, meat products, meat byproducts, company, a corporation, 1105-15 Fay­ Applicant’s representative: Duane W. and articles distributed by meat packing­ ette Street, Washington, Pa. 15301. Ap- Acklie, Post Office Box 2028, Lincoln, houses, as described in sections A and Nebr. 68501. Authority sought to operate « rePresentative: Henry M. Wick, C of appendix I to the report in " Grant Building, Pittsburgh, Pa. as a common carrier, by motor vehicle, Descriptions in Motor Carrier Certifi­ Authority sought to operate as a over irregular routes, transporting: cates, 61 M.C.C. 209 and 766 (except Meats, meat products, meat byproducts, irvn ?n carr*er, by motor vehicle, over hides and commodities in bulk, in tank and articles distributed by meat packing­ vehicles), from the plantsite and/or cold Regular routes, transporting: (l) Glass houses, (1) from Luverne, Minn., to S S . -rs-caps, stoppers, and covers, storage facilities utilized by Wilson & Co., irom Pomts in McKean County, Pa., to points in North Carolina, South Carolina, Inc., at or near Logansport, Ind., to Georgia, and Florida, and (2) from points in Mississippi, Tennessee, Louisi­ north part of Indiana on and th of U.S. Highway 40; the Lower Sioux City, Fort Dodge, and Dennison, ana, Arkansas, Oklahoma, Texas, and Iowa, to points in North Carolina and eninsula of Michigan and that part o f New Mexico, restricted to the transpor­ South Carolina. N ote: The purpose of tation of Wilson & Co., Inc., traffic orig­ 0 on and west of a line beginning this republication is to add No. (1) inating at the above-specified plantsite

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5646 NOT'CES and/or cold storage facilities and des­ regular routes, transporting: Dry fertil­ of this republication is to add the re­ tined to the above-specified destination izer and dry fertilizer materials, from striction in (1) above, inadvertently omitted. Applicant indicates tacking pos­ points. N o t e : If a hearing is deemed Bainbridge, Ga., to points in North Caro­ necessary, applicant requests it be held lina, South Carolina, and Virginia. Note: sibilities with its Sub 7 at the Indiana at Chicago, 111. If a hearing is deemed necessary, appli­ portion of the Chicago commercial zone cant requests it be held at Atlanta, Ga., to Colorado, Wyoming, and portions of No. MC 114106 (Sub-No. 61), filed Nebraska and South Dakota and with its March 25, 1968. Applicant: MAYBELLE or Little Rock, Ark. No. MC 115648 (Sub-No. 14), filed Sub 6 at Whiting, Ind., to portions of TRANSPORT COMPANY, a corporation, Iowa, Michigan, Missouri, and Wis­ Post Office Box 573, Lexington, N.C. March 28, 1968. Applicant: LUTHER LOCK, doing business as LUTHER consin. If a hearing is deemed necessary, 27292. Applicant’s representative: Wil­ applicant requests it be held at Chicago, liam P. Sullivan, Federal Bar Building LOCK TRUCKING, 705 13th Street, Wheatland, Wyo. 82201. Applicant’s rep­ 111. West, 1819 H Street NW., Washington, No. MC 116325 (Sub-No. 55), filed D.C. 20006. Authority sought to operate resentative: Ward A. White, Post Office Box 568, Cheyenne, Wyo. 82001. Author­ March 25, 1968. Applicant: JENNINGS as a common carrier, by motor vehicle, BOND, doing business as BOND ENTER­ over irregular routes, transporting: (1) ity sought to operate as a common car­ rier, by motor vehicle, over irregular PRISES, Post Office Box No. 8, Lutes- Corn syrup, liquid , and blends of ville, Mo. 63762. Applicant’s represent­ corn syrup and liquid sugar, in bulk, routes, transporting: Animal and poultry feed, and animal and poultry health aids ative: Jennings Bond (same address as from Atlanta, Ga., to points in North above). Authority sought to operate as Carolina, and (2) corn syrup and blends and sanitation products, from Denver, a common carrier, by motor vehicle, over of corn syrup and liquid sugar, in bulk, Colo., to points in Montana and Wy­ irregular routes, transporting: Paper, from Birmingham and Selma, Ala., to oming east of the Continental Divide and paper products, paper and pulp mill points in Georgia and Tennessee. N o t e : points in Carbon and Sweetwater Coun­ products and material, equipment, and Applicant holds contract carrier au­ ties, Wyo. N o t e : If a hearing is deemed supplies used or useful in the manufac­ thority under MC 115176 (Sub-No. 1) necessary, applicant requests it be held ture and distribution Of paper, paper and subs thereunder, therefore dual at Cheyenne, Wyo., or Billings, Mont. products, paper and pulp mill products operations may be involved. If a hearing No. MC 115841 (Sub-No. 324) (Correc­ (except in bulk), between the plantsite is deemed necessary, applicant requests tion), filed March 11, 1968, published in of the West Virginia Pulp & Paper Co. it be held at Washington, D.C., or At­ the F ederal R e g is t e r , issue of March 28, located near Wickliffe, in Ballard and lanta, Ga. 1968, and republished as corrected this Carlisle Counties, Ky., and points in Ala­ No. MC 114211 (Sub-No. 113), filed issue. Applicant: COLONIAL REFRIG­ bama, Arkansas, Georgia, Illinois, In­ March 27, 1968. Applicant: WARREN ERATED TRANSPORTATION, INC., diana, Iowa, Kansas, Kentucky, Louisi­ TRANSPORT, INC., 305 Whitney Road, 1215 Bankhead Highway West, Post ana, Michigan, Minnesota, Mississippi, Post Office Box 420,- Waterloo, Iowa Office Box 1269, Birmingham, Ala. Ap­ Missouri, Ohio, Oklahoma, Tennessee, 50704. Applicant’s representative: plicant’s representative: C. E. Wesley Texas, and Wisconsin. N o t e : If a hear­ Charles W. Singer, 33 North Dearborn (same address as applicant). Authority ing is deemed necessary, applicant re­ Street, Suite 1625, Chicago, 111. 60602. sought to operate as a common carrier, quests it be held at Nashville, Tenn. Authority sought to operate as a com­ by motor vehicle, over irregular routes, No. MC 116720 (Sub-No. 8f, filed mon carrier, by motor vehicle, over ir­ transporting: Frozen, foods, from the March 28, 1968. Applicant: DONALD E. regular routes, transporting: Agricul­ plantsite of Kent, Inc., at or near Frank­ MILLER, 15-A Third Street West, Lem­ tural machinery and implements, other fort, Mich., to points in Connecticut, mon, S. Dak. 57638. Applicant’s repre­ than hand, and, parts, when transported Delaware, Maine, Maryland, Massachu­ sentative: Val M. Higgins, 1000 First in the same vehicle with such machinery setts, New Hampshire, New Jersey, New National Bank Building, Minneapolis, and implements, from Shelbyville, 111., York, Pennsylvania, Rhode Island, Ver­ Minn. 55402. Authority sought to operate to points in Missouri, Kansas, Oklahoma, mont, Virginia, West Virginia, and the as a contract carrier 'by motor vehicle, Arkansas, and Texas. N o t e : Applicant District of Columbia. N o t e : The purpose over irregular routes, transporting. indicates tacking possibilities with its of this republication is to reflect the cor­ Malt beverages, in containers, and sup­ presently held authorities. Applicant rect spelling of “Kent, Inc.”, erroneously plies, signs and materials used in the sale states that no duplicating authority is shown as “Pent, Inc.” in the previous thereof, from Milwaukee, Wis., to Aber­ being sought. If a hearing is deemed nec­ issue. If a hearing is deemed necessary, deen, S. Dak., under contract with To- essary, applicant requests it be held at applicant requests it be held at Wash­ rigian Produce Co. If a hearing is deemed Chicago, 111. ington, D.C. necessary, applicant requests it be held No. MC 115162 (Sub-No. 155), filed No. MC 116273 (Sub-No. 101) (Correc­ at Rapid City or Pierre, S. Dak., or March 25, 1968. Applicant: WALTER tion), filed January 25, 1968, published Minneapolis, Minn. . POOLE, doing business as POOLE in F ederal R e g is te r issue of February No. MC 1 1 6 9 3 5 (Sub-No. 4 ) , filed TRUCK LINE, Post Office Box 310, Ever­ 15, 1968, and republished as corrected, March 2 8 , 1 96 8 . Applicant: COMMER­ green, Ala. 36401. Applicant’s representa­ this issue. Applicant: D & L TRANS­ CIAL FURNITURE DISTRIBUTORS, tive: Robert E.' Tate, Suite 2023-2028, PORT, INC., 3800 South Laramie Avenue, INC., 4 6 -0 1 Dell Avenue, North Bergen, City Federal Building, Birmingham, Cicero, HI. 60650. Applicant’s representa­ N.J. 0 7 0 4 7 . Applicant’s representative. Ala. 35203. Authority sought to op­ tive: William R. Lavery (same address Morton E. Kiel, 140 Cedar Street, New erate as a common carrier, by motor ve­ as applicant). Authority sought to oper­ York, N.Y. 1 0 0 0 6 . Authority sou g h t to hicle, over irregular routes, transporting: ate as a common carrier, by motor operate as a common carrier, by motor Composition board, from the plantsite of vehicle, over irregular routes, transport­ vehicle, over irregular routes, transpo - U.S. Plywood-Champion Papers, Inc., ing: (1) Nitrogen fertilizer solutions, ing: Office, institutional, professional am located at or near Oxford, Miss., to points liquid fertilizers, and liquid fertilizer school furniture and furnishings, ir in Alabama, Florida, Georgia, Illinois, materials in bulk, in tank vehicles, from Kearny, N.J., to points in Burlington, Missouri, and Ohio. N o t e : If a hearing is Seneca, 111., and points within 5 miles Ocean, Monmouth, Mercer, Middlesex, deemed necessary, applicant requests it thereof to points in Indiana, Iowa, Somerset, Huntendon, Warren, U > be held at Washington, D.C., or Memphis, Kentucky, Michigan, Missouri, and Wis­ Hudson, Sussex, Essex, Morris, Passaic, Term. consin, restricted to traffic originating at and Bergen Counties, N.J., New ’ No. MC 115311 (Sub-No. 82), filed the plantsite and facilities of F. S. N.Y., points in Nassau, S u f f o l k , wes March 19, 1968. Applicant: J & M Royster Guano Co. and (2) anhydrous Chester jRockland, Orange, an d Putna TRANSPORTATION CO., INC., Post , nitrogen fertilizer solutions, Counties, N.Y., and points m Fairfield Office Box 488, Milledgeville, Ga. 31061. liquid fertilizers, and liquid fertilizer ma­ County, Conn. N o t e : No duplicating , Applicant’s representatives: Paul M. terials in bulk, in tank vehicles, from thority sought. If a hearing is d Daniell and Bill R. Davis, 1600 First Galesville, 111., to points in Indiana re­ necessary, applicant requests it b Federal Building. Atlanta, Ga. 30303. stricted to traffic originating at the at New York, N.Y. fi1p4 Authority sought to operate as a com­ plantsite and facilities of the F. S. No. MC 117322 (Sub-No; 3), ^ mon carrier, by motor vehicle, over ir­ Royster Guano Co. N o t e : The purpose March 28, 1968. Applicant. LE»-1

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5647

NOVOTNY, doing business as CHAT- resentative: Harry Ross, 848 Warner common carrier, by motor vehicle, over FIELD TRUCKING, Chatfleld, Minn. Building, Washington, D.C. 20004. Au­ irregular routes, transporting : Fertilizer, 55923. Applicant’s representative: Clay thority sought to operate as a common fertilizer materials and ingredients, r. Moore, 1000 First National Bank carrier, by motor vehicle, over irregular animal and poultry feed, and ingredients Building, Minneapolis, Minn. 55402. routes, transporting: Cl) Candy and con­ thereof, chemicals, wire, twine, posts, and Authority sought to operate as a common fectionery products; (2) advertising rope, between Adrian, Amoret, Butler, carrier, by motor vehicle, over irregular materials, including premium merchan­ Passaic, and Rich Hill, Mo., on the one routes, transporting: Butter, powdered dise, in mixed loads with candy and hand, and, on the other, points in Ala­ milk, powdered milk with additives, dry confectionery products; and (3) mate­ bama, Colorado, Arkansas, Illinois, In­ desert preparations, whey powder, cheese, rials and supplies used in manufacture, diana, Louisiana, Michigan, North soy powder, yeast blends, dairy products, sale, and/or distribution of candy and Dakota, New Mexico, Ohio, Oklahoma, and various blends of the above-named confectionery products, between plant- Kansas, Kentucky, Nebraska, Iowa, products, and the above-named products sites and storage facilities of Reed South Dakota, Texas, Wisconsin, and when transported in the same vehicle Candy Co., located at or near Campbells- Tennessee; and, on and along the Gulf with regulated commodities, from points ville, Ky., on the one hand, and, on the of Mexico extending from Mobile, Ala., in Fillmore, Olmsted, Wabasha, Goodhue, other, points in Alabama, Florida, Mich­ to Brownsville, Tex., including Mobile, Winona, Dodge, Steele, Freeborn, Nicol­ igan, Mississippi, Ohio, Tennessee, Vir­ Ala., and Brownsville, Tex., and ports let, Houston, Mower, Douglas, Pope, and ginia, Minnesota, Missouri, Montana, of entry on and along the International Swift Counties, Minn., and points in Nebraska, Nevada, New Mexico, North Boundary line between the United States Hamlin, Brookings, Lake, Hutchinson, Dakota, Oklahoma, Oregon, South Da­ and Mexico, located in Texas, to Adrian, and Kingsbury Counties, S. Dak., to kota, Texas, Utah, Washington, Wis­ Amoret, Butler, Passaic, and Rich Hill, Deerfield, 111., and points in the Chicago, consin, Wyoming, Arizona, Arkansas, Mo. N o t e : The purpose of this republica­ 111., commercial zone as defined by the California, Colorado, Illinois, Iowa, tion is to reflect changes in the com­ Commission. Note: If a hearing is Kansas, and Louisiana. N o t e : If a hear­ modity description and territorial scope deemed necessary, applicant requests it ing is deemed necessary, applicant of the application. If a hearing is deemed be held at Minneapolis, Minn. requests it be held at Louisville or necessary, applicant requests it be held No. MC 117604 (Sub-No. 8), filed Lexington, Ky. at Kansas City, Mo. March 29, 1968. Applicant: MEADORS No. MC 118263 (Sub-No. 2), filed No. MC 118831 (Sub-No. 55), filed FREIGHT LINE, INC., 1050 Jefferson March 25, 1968. Applicant: COLDWAY March 28, 1968. Applicant: CENTRAL Street NW„ Atlanta, Ga. ¿50318. Ap­ CARRIERS, INC., Post Office Box 38, TRANSPORT, INCORPORATED, Box plicant’s representative: Archie B. Cul- Clarksville, Ind. 47131. Applicant’s rep­ 5044, Highpoint, N.C. Applicant’s repre­ breth, 1273 West Peachtree Street NE., resentative: Paul M. Daniell, 1600 First sentative: E. Stephen Heisley, Trans­ Atlanta, Ga. 30309. Authority sought to Federal Building, Atlanta, Ga. Authority portation Building, Washington, D.C. operate as a common carrier, by motor sought to operate as a common carrier, Authority sought to operate as a common vehicle, over regular routes, transport­ by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular ing: General commodities (except those transporting: Meats, meat products, and routes, transporting : Chemicals, in bulk, of unusual value, classes A and B ex­ meat byproducts (except in bulk), from from the plantsite and storage facilities plosives, household goods as defined by Louisville, Ky., to Washington, D.C., New of Reichhold Chemicals, Inc., at or near the Commission, commodities in bulk, Orleans, La., and points in Tennessee Charlotte, N.C., to points in the United and those requiring special equipment), and Connecticut. N o t e : Applicant holds States (except Alaska and Hawaii), between Cartersville and Dalton, Ga., contract carrier authority in MC 111069 restricted to trafile originating at Reich­ over U.S. Highway 41 serving all inter­ Sub 1, therefore dual operations may be hold Chemicals, Inc., plantsite. N o t e : If mediate points, and with the right to involved. If a hearing is deemed neces­ a hearing is deemed necessary, applicant traverse Interstate Highway 75 between sary, applicant requests it be held at requests it be held at Washington, D.C., Cartersville and Dalton, Ga., for operat­ Louisville, Ky. or Atlanta, Ga, ing convenience only. N o t e : If a hear­ No. MC 118263 (Sub-No. 3), filed ing is deemed necessary, applicant re­ No. MC 118989 (Sub-No. 18), filed March 25, 1968. Applicant: COLDWAY March 25,1968. Applicant: CONTAINER quests it be held at Atlanta, Ga. CARRIERS, INC., Post Office Box 38, .,No- Mc 117815 (Sub-No. 136), filed TRANSIT, INC., 5223 South Ninth Clarksville, Ind. 47131. Applicant’s rep­ Street, Milwaukee, Wis. 53221. Appli­ 22’ 1968- Applicant: PULLEY resentative: Paul M. Daniell, 1600 First S IG H T LINES, INC., 405 Southeast cant’s representative. Richard A. Heil- Federal Building, Atlanta, Ga. 30303. prin, Post Office Box 941, Madison, Wis. ¿utn, Des Moines, iowa 60603. Appli­ Authority sought to operate as a com­ cant s representative: Jack H. Blan- 53701. Authority sought to operate as a mon carrier, by motor vehicle, over ir­ common carrier, by motor vehicle, over 29 South La Salle Street, Chicago, regular routes, transporting: Meats, ¡7 606°3. Authority sought to operate irregular routes, transporting: (1) con­ meat products, and meat byproducts, as tainer parts, (2) materials and supplies as a common carrier, by motor vehicle, described in section A of appendix I to r lrregular routes, transporting: used in the manufacture and distribution T i/fo n + a , AwUucOj vi nlloPvl kllig • the report in Descriptions in Motor Car­ of containers, and (3) containers, be­ „ ^ t ’ 7nfat Products, meat byproducts, rier Certificates, 61 M.C.C. 209 and 766 tween points in South Carolina, Georgia, hM,«r*lc^es distributed by meat packing- (except in bulk), from Lexington, Ky., ses, as described in sections A and C Florida, Alabama, Mississippi, Louisiana, to Chicago, 111., Cleveland, Ohio, and Texas, Tennessee, Kentucky, Indiana, «™ fP-encllx 1 to tbe import in Descrip- Detroit, Mich. N o t e : Applicant states Missouri, Ohio, Virginia, West Virginia, Mr?n n«™ otor Carrier Certificates, 61 that in Docket No. MC 118263 (Sub- Arkansas, Oklahoma, Illinois, Minnesota, apd 766 (excePt hides and No. 1), it has an application pending to Kansas, and Nebraska. N o t e : Applicant ? r r ief m .bulk in tank vehicles), convert its existing contract carrier states it would tack the proposed author­ fapiii« 6 ? antsite and/or co y storage authority under Docket No. MC 111069 to facilities utilized by Wilson & Co., Inc., ity with its Sub 3 wherein it holds author­ common carrier authority. If a hearing ity to conduct operations in Illinois, Iowa, niiLceaT ^ogansport, Ind., to points in is deemed necessary, applicant requests Minnesota, Missouri, and Wisconsin. If a Neb l 0 W a ,4. Kansas, Minnesota, and it be held at Louisville, Ky. hearing is deemed necessary, applicant Son 5 Sxrrftncted t0 the transporta- No. MC 118535 (Sub-No. 35) (Amend­ requests it be held at Washington, D.C., & Co- m e., traffic ment) , filed November 6, 1967, published or Chicago, 111. natitiSi^f at the ab°ve-specified desti- in the F ederal R egister issues of No­ No. MC 119531 (Sub-No. 83), filed n i i NOIEV If a hearine is deemed vember 23, 1967, December 14, 1967, and March 20, 1968. Applicant: DIECK- atChicSo,HlPllCant requests n be held republished as amended, this issue. Ap­ BRADER EXPRESS, INC., 5391 Wooster plicant: JIM TTONA, J r., 803 West Ohio Road, Cincinnati, Ohio 45226. Applicant’s March *2? in « !59 (Suh-No. 49 ), filed Street, Butler, Mo. 64106. Applicant’s representative: Charles W. Singer, 33 LO\mA2Sn^96?A,Applicant: EVERETT representative: Carll V. Kretsinger, 450 North Dearborn Street, Suite 1625, New Ori Jefferson Highway, Professional Building, Kansas City, Mo. Chicago, 111. 60602. Authority sought to eW 0rle«w . La. 70121. Applicant’s rep- 64106. Authority sought to operate as a operate as a common carrier, by motor

No. 71- FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5648 NOTICES vehicle, over irregular routes, transport­ mediate points between junction Alter­ New York, Yonkers, East Farmingdale, ing : Containers and devices used in ship­ nate U.S. Highway 30 and Nebraska Commack, West Hempstead, Hicksville! ping thereof, between Alton, 111., on the Highway. 79, and David City, and (2) New Hyde Park, and Valley Stream, N.Y.; one hand, and, on the other, points (and between David City and Lincoln, Nebr., Newark, Woodbridge, and Wayne Town­ the commercial zones thereof), in from David City over Nebraska Highway ship, N.J.; Philadelphia and points in Kentucky and Tennessee. N o t e : If a 15 to junction U.S. Highway 34, and Marple Township, Pa.; Greenbelt, Md.;‘ hearing is deemed necessary, applicant thence over U.S. Highway 34 to Lincoln, Boston, Mass.; and Alexandria, Va., requests it be held at Chicago, 111. and return over the same route, serving under contract with S. Klein Depart­ No. MC 119689 (Sub-No. 10), filed no intermediatee points; and serving the ment Stores, Inc., of New York, N.Y. March 28, 1968. Applicant: BROWN off-route points of Ulysses, Dwight, Bee, N ote : Applicant states this instant appli­ BROTHERS EXPRESS, INC., Post Of­ Garland, and Staplehurst, Nebr., in con­ cation is intended to add the new store fice Box 568, Ledgewood, N.J. 07852. Ap­ nection with the routes described in (1) locations of Mid-Island Shopping Center, plicant’s representative: Chester A. and (2) above. N o t e : If a hearing is Hicksville, N.Y., and to correct the prior Zyblut, 1522 K Street NW., Washington, deemed necessary, applicant requests it grant of authority reading “Wayne, N.J.” D.C. 20005. Authority sought to operate be held at Omaha or Lincoln, Nebr. to read Wayne Township, N.J., the store as a common carrier, by motor vehicle, No. MC 120737 (Sub-No. 3), filed •location being at the intersection of over irregular routes, transporting: March 21, 1968. Applicant: STAR DE­ Route 23 and 46 in Wayne Township, Liquid latex and plastics, synthetic LIVERY & TRANSFER, INC., 948 North N.J. Applicant consents to revocation of (other than liquid), in bulk, from Perry- Fifth Avenue, Canton, HI. 61520. Appli­ the existing authority under MC 123634 ville, Md., to points in Alabama, cant’s representative: Chester J. Sub No. 3 upon a grant of authority as Connecticut, Delaware, Florida, Georgia, Claudon, 121 West Elm Street, Canton, requested herein. Applicant states that Illinois, Indiana, Kentucky, Maine, HI. 61520. Authority sought to operate no duplicating authority is being sought. Maryland, Massachusetts, Michigan, as a common carrier, by motor vehicle, If a hearing is deemed necessary, appli­ Mississippi, New Hampshire, New Jersey, over irregular routes, transporting: (1) cant requests it be held at New York, N.Y. New York, North Carolina, Ohio, Penn­ Agricultural implements, agricultural No. MC 123673 (Sub-No. 1), filed sylvania, Rhode Island, South Carolina, machinery, tractors (tractors with or March 28, 1968. Applicant: GILLEN Tennessee, Vermont, Virginia, West Vir­ without attachments and/or parts), ex­ TRUCKING COMPANY, a corporation, ginia, Wisconsin, and the District of cept commodities because of size or 174 Dawson Street, SW., Warren, Ohio 44483. Applicant’s representative: Rich­ Columbia. N o t e : If a hearing is deemed weight require the use of special equip­ necessary, applicant requests it be held ment, between the plantsites or ware­ ard H. .Brandon, 79 East State at Washington, D.C. houses of International Harvester Co. Street, Columbus, Ohio 43215. Authority No. MC 119765 (Sub-No. 15), filed located at Louisville, Ky., on the one sought to operate as a contract carrier, March 26, 1968. Applicant: HENRY G. hand, and, on the other, points in Mason, by motor vehicle, over irregular routes, NELSEN, INC., 1548 Locust Street, Fulton, Peoria, McDonough, Sangamon, transporting: (1) Non-ferrous castings, Avoca, Iowa. Applicant’s representative: McLean, Brown, Schuyler, and Morgan from Warren, Ohio to Ashland, Ky., and Joseph M. Scanlan, 111 West Washing­ Counties, 111., and (2) agricultural imple­ (2) non-ferrous scrap from Ashland, Ky. ton Street, Chicago, 111. 60602. Authority ments parts, between the plantsites or to Warren, Ohio, under contract with sought to operate as a common carrier, warehouses of International Harvester Trumbull Bronze Co., Warren, Ohio. by motor vehicle, over irregular routes, Co. located at Milwaukee and Waukesha, N ote : If a hearing is deemed necessary, transporting: Meats, meat products, Wis., on the one hand, and, on the other, applicant requests it be held at Colum­ meat "byproducts, and articles distributed points in Fulton County, 111. N o t e : Ap­ bus, Ohio. by meat packinghouses, as described in plicant indicates tacking the proposed No, MC 124692 (Sub-No. 52), filed sections A and C of appendix I to the re­ authority with its existing authority March 29, 1968. Applicant: SAMMONS port in Descriptions in Motor Carrier serving between points within a 50-mile TRUCKING, Post Office Box 933; Mis­ Certificates, 61 MCC 209 and 766 (except radius of Pottstown, HI., on the one hand, soula, Mont. 59801. Applicant’s repre­ hides and commodities in bulk, in tank and, on the other, Chicago, Rock Island, sentative: Frank G. Eney (same address vehicles), from the plantsite and/or cold East St. Louis, and Moline, HI. If a hear­ as applicant). Authority sought to oper­ storage facilities utilized by Wilson & ing is deemed necessary, applicant re­ ate as a common carrier, by motor ve­ Co., Inc., at or near Logansport, Ind., to quests it be held at Chicago, HI. and hicle, over irregular routes, transporting: points in Illinois, Iowa, Kansas, and Springfield, HI., or Indianapolis, Ind. Building materials, gypsum and gypsum Nebraska, restricted to the transports-^ No. MC 123490 (Sub-No. 6), filed products, from Fort Dodge, Iowa, to tion of Wilson & Co., Inc., traffic originat­ March 26, 1968. Applicant: CHIP points in Colorado, Montana, and ing at the above-specified plantsite CARRIERS, INC., 1217 South 24th Wyoming. N ote : If a hearing is deemed and/or cold storage facilities and Street, Omaha, Nebr. 68108. Applicant’s necessary, applicant requests it be held destined to the above-specified destina­ representative: Einar Viren, 904 City at Des Moines, Iowa or Chicago, HI. j No. MC 124774 (Sub-No. 74), filed tion points. N ote : If a hearing is deemed National Bank Building, Omaha, Nebr. necessary, applicant requests it be held 68102. Authority sought to operate as a March 26,1968. Applicant: CARAVELLE at Chicago, 111. contract carrier,, by motor vehicle, over EXPRESS, INC., Post Office BOX 384, No. MC 120645 (Sub-No. 2), filed irregular routes, transporting: Chips, Norfolk, Nebr. 68701. Applicant’s repre­ March 26, 1968. Applicant: GERALD L. twists, and puffs, from Wooster, Ohio, to sentative: Richard A. Peterson, Post PETERSEN AND ADELINE M. PETER­ points in Iowa, and Missouri, under con­ Office Box 806; Lincoln, Nebr. 68501, SEN, a partnership, doing business as tract with Frito-Lay, Inc., of Dallas, Tex. Authority sought to operate as a com­ DAVID CITY TRANSFER, David City, N o t e : If a hearing is deemed necessary, mon carrier, by motor vehicle, over ir­ Nebr.. Applicant’s representative: Donald applicant requests it be held at Qmaha, regular routes, transporting: Meats, E. Leonard, Box 2028, 605 South 14th, Nebr. or Dallas, Tex. meat products, meat byproducts, aua Lincoln, Nebr. 68501. Authority sought No. MC 123634 (Sub-No. 4), filed articles distributed by meat packing­ to operate as a common carrier, by motor March 21, 1968. Applicant:. K. N. houses, as described in sections A and o vehicle, over irregular routes, transport­ DISTRIBUTORS, INC., 31 West 34th of appendix I to the report in Descrip­ ing: General commodities (except those Street, New York, N.Y. Applicant’s rep­ tions in Motor Carrier Certificates, o of unusual value, classes A and B ex­ resentative: Arthur J. Piken, 160-16 M.C.C. 209 and 766 (except hides ana plosives, household goods as defined by Jamaica Avenue, Jamaica, N.Y. 11432. commodities in bulk, in tank vehicles;, the Commission, commodities in bulk, Authority sought to operate as a contract from the plantsite and/or cold storag and commodities requiring special equip­ carrier, by motor vehicle, over irregular facilities utilized by Wilson & Co., vo * ment), (1) between Omaha and David routes, transporting: General depart­ at or near Logansport, Ind., to .points City, Nebr., from Omaha over Alternate ment store merchandise, between the Colorado, Nebraska, Kansas, Missouri, U.S. Highway 30 to junction Nebraska warehouse, storage facilities and store and Iowa, restricted to the transpor ­ Highway 15, and thence over Nebraska locations of S. Klein Department Stores, tion of Wilson & Co., in?*» , Highway 15 to David City, and return Inc., its subsidiaries and concessionaires originating at the above-specified p over the same route, serving all inter­ located at the stores and warehouses in site and/or storage facilities

FEDERAL REGISTER, VOL. 33, NO. 71-!—THURSDAY, APRIL 11, 1968 NOTICES 5649

destined to the above-specified destina­ No. MC 127833 (Sub-No. 5), filed No. MC 129407, filed March 29, 1968. tion points. Note: If a hearing is deemed March 28, 1968. Applicant: T. L. MYD- Applicant: JOHN WICKIZER, JR., Rural necessary, applicant requests it be held LAND TRUCK LINES, INC., 928 Bridge Delivery No. 2, Kingsley, Pa. Applicant’s at Omaha, Nebr. City Avenue, Bridge City, La. 70094. Ap­ representative: Kenneth R. Davis, 1106 No. MC 125777 (Sub-No. 123), filed plicant’s representative: Martin Steren- Dartmouth Street, Scranton, Pa. Author­ March 28,1968. Applicant: JACK GRAY buch, 1819 H Street, NW„ Washington, ity sought to operate as a contract TRANSPORT, INC., 4600 East 15th D.C. 20006. Authority sought to operate carrier, by motor vehicle, over irregular Avenue, Gary, Ind. 46403. Applicant’s as a contract carrier, by motor vehicle, routes, transporting: Lumber and wooden representative: Carl L. Steiner, 39 South over irregular routes, transporting: Non­ pallets, from Susquehanna, W y o m in g- La Salle Street, Chicago, 111. 60603. alcoholic beverages in cans, from Gretna, and Bradford, Pa., to points in New Authority sought to operate as a com­ La., to Andalusia, Ala., De Funiak York, New Jersey, Connecticut, Massa­ mon carrier, by motor vehicle, over ir­ Springs, Niceville, and Panama City, Fla., chusetts, and Rhode Island, under con­ regular routes, transporting: Pig iron, under a continuing contract or contracts tract with Brunges Lumber Co. N ote : in dump vehicles, from Chicago, 111. to with The Louisiana Coca-Cola Bottling If a hearing is deemed necessary, appli­ points in Arkansas. Note: If a hearing is Co., Ltd., of New Orleans, La. N o t e : cant requests it be held at Binghamton, deemed necessary, applicant requests it Common control and dual operations N.Y. be held at Chicago, 111. may be involved. If a hearing is deemed No. MC 129685 (Sub-No. 1), filed No. MC 126039 (Sub-No. 6), filed necessary, applicant requests it be held March 24, 1968. Applicant: MORGAN March 28, 1968. Applicant: WILLIAM at New Orleans, La. R. GOULD, doing business as GOULD’S TRANSPORTATION SYSTEM, INC., No. MC 128273 (Sub-No. 31), filed U.S. Highways 6 and 15, New Paris, Ind. VAN & STORAGE, 2084 Lapham Drive, March 25, 1968. Applicant: MIDWEST­ Modesto, Calif. Applicant’s representa­ 46553. Applicant’s representative: Walter ERN EXPRESS, INC., Post Office Box P. Jones, Jr., 601 Chamber of Commerce tive: Daniel W. Baker, 405 Montgomery 189, Fort Scott, Kans. 66701. Applicant’s Street, San Francisco, Calif. 94104. Building, Indianapolis, Ind. 46204. representative: Harry Ross, 848 Warner Authority sought to operate as a com­ Authority sought to operate as a common Building, Washington, D.C. 20004. Au­ carrier, by motor vehicle, over irregular mon carrier, by motor vehicle, over ir­ thority sought to operate as a common regular routes, transporting: Paper, routes, transporting: Used household carrier, by motor vehicle, over irregular goods, between points in Merced, Stan­ paper products, and materials and sup­ routes, transporting: (1) Candy and con-' plies used in the manufacturing, sales, islaus, Tuolumne, and Mariposa fectionery products, (2) advertising ma­ Counties, Calif., restricted to shipments and distribution thereof, between Colum­ terials, including premium materials, in bus, Ind., on the one hand, and, on the having an immediately prior or subse­ mixed loads with (1) above; and (3) quent out-of-State line-haul movement other, points in Kentucky, Missouri, materials and supplies used in manufac­ Illinois, Ohio, Michigan, and Indiana. by rail, motor, water, or air and moving ture, sale and/or distribution of (1) on through bills of lading of forwarders, Note: If a hearing is deemed necessary, above, between plantsites and storage applicant requests it be held at Chicago, operating under the section 402(b)(2) facilities of Reed Candy Co. at or near exemption. N ote : If a hearing is deemed Campbellsville, Ky., on the one hand, necessary, applicant requests it be held No. MC 126555 (Sub-No. 7), filed and, on the other, points in Alabama, at San Francisco. Calif. March 27,1968. Applicant: UNIVERSAL Connecticut, Florida, Georgia, Indiana, No. MC 129723 (Sub-No 2), filed March TRANSPORT, INC., Post Office Box 268, Massachusetts, Michigan, Mississippi, Rapid City, S. Dak. 57701. Applicant’s 29, 1968. Applicant: LAND TRUCK New Jersey, New York, North Carolina, LINES, INC., Route 2, Box 15A, Albert­ representative: John H. Lewis, The 1650 Ohio, Pennsylvania, South Carolina, Grant Street Building, Denver, Colo. Tennessee, Arizona, Arkansas, Cali­ ville, Ala. Applicant’s representative: 80203. Authority sought to operate as a John W. Cooper, 1301 City Federal Build­ fornia, Colorado, Idaho, Illinois, Iowa, ing, Birmingham, Ala. 35203. Authority common carrier, by motor vehicle, over Kansas, Louisiana, Minnesota, Missouri, irregular routes, transporting: and sought to operate as a common carrier, Montana, Nebraska, Nevada, New by motor vehicle, over irregular routes, limestone products (except cement), Mexico, North Dakota, Oklahoma, Ore­ from Rapid City, S. Dak., to points in transporting: Wooden boxes, assembled gon, South Dakota, Texas, Utah, Wash­ and knocked down, and wooden pallets, Nebraska east of U.S. Highway 281. ington, Wisconsin, and Wyoming. N o t e : ora: If a hearing is deemed necessary, from the plantsite of United Wooden If a hearing is deemed necessary, appli­ Container Co., at or near Albertville, applicant requests it be held at Rapid cant requests it be held at Louisville or wry, S. Dak. Lexington, Ky. Ala., to points in Texas, Oklahoma, Louisiana, Tennessee, and Illinois. N ote : . _No- Mc 127042 (Sub-No. 22), file No. MC 129086 (Sub-No. 4), filed If a hearing is deemed necessary, ap­ iioACi 25’ 1968- Applicant HAGEN, INC March 27, 1968. Applicant: SPENCER plicant requests it be held at Birming­ *yd ? oulevard, Sioux City, low TRUCKING CORPORATION, Route 1, ham, Ala. or Chattanooga, Tenn. nos. Applicant’s representative: Jac Box 223, Keyser, W. Va. 26726. Appli­ h. Blanshan, 29 South La Salle Stree cant’s representative: Charles E. Creager, No. MC 129731, filed February 28, nnorof0’ 60603- Authority sought t Post Office Box 81, Winchester, Va. 1968. Applicant: JOSEPH J. CUVA, doing 85 a .comm°n carrier, by mote 22601. Authority sought to operate as business as JOE CUVA TRUCKING, 32 jL°^er irregular routes, transport a common carrier, by motor vehicle, over Brittin Street, Madison, N.J. 07940. Ap­ meat Products, meat by irregular routes, transporting: Lime­ plicant: Edward A. Shine, 331 Main woah« l and articles distributed by mec stone, from Keyser and Riverton, W. Va., Street, Chatham, N.J. 07940. Authority Pacfttnghottses, as described in section to Beryl, W. Va. N ote : If a hearing is sought to operate as a common carrier, deemed necessary, applicant requests it by motor vehicle, over irregular routes, fiew w - °f a?pendix 1 to the report i transporting: Granite blocks, between caipT Pii ^ Motor Carrier Certifi be held at Washington, D.C. hides nni 209 and 766 (excep No. MC 129386 (Sub-No. . 2), filed points in Connecticut, Delaware, Mary­ vehicles^ commodities in bulk, in tan March 27, 1968. Applicant: REESE, land, Massachusetts, New Jersey, New Z i - 1 » the plantsite and col REESE & SHERMAN, INC., 233 Orchard York, Pennsylvania, Rhode Island, and Inr>ragf / aClllties utilized by Wilson & Co Lane, Billings, Mont. 59101. Applicant’s the District of Columbia. N o t e : If a hearing is deemed necessary, applicant Pointe in1" tvt ar• ^ a n sp ort, Ind., t representative: R. F. Hibbs, Post Office Box 1321, Billings, Mont. 59103. Author­ requests it be held at Newark, N.J., or Nebrask^ Iowa, Minnesoti Philadelphia, Pa. dS? reef Dakota. and Sout: ity sought to operate as a common car­ of Wilson6? nCte(l the transportatio: rier, by motor vehicle, over irregular No. MC 129761 (Sub-No. 2), filed at the ahmf Co” i? c-’ traffic originatin routes, transporting: Meats, fresh, salted, March 27, 1968. Applicant: HOWARD storage f i f*?ecifie

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5650 NOTICES

Authority sought to operate as a con­ Virginia on and north of U.S. Highway Sussex, and Warren Counties, Nj., tract carrier, by motor vehicle, over ir­ 33, under contract with Z & L Builders restricted to shipments having a subse­ regular routes, transporting: Baseboard Supplies, doing business as Woodcraft quent or prior movement by railroad. heating and parts thereof, radiators, hot Industries and Z & L Lumber Co. of N ote : If a hearing is deemed necessary, water or steam, with or without air fil­ Atlasburg. N o t e : If a hearing is deemed applicant requests it be held at Washing­ ters, enclosed in cabinets or housings, in necessary, applicant requests it be held ton, D.C. or New York, N.Y. cartons, from the plantsite and ware­ at Pittsburgh, Pa. No. MC 129801, filed March 27, 1968 house of Pedders Corp., Trenton, N.J, to No. MC 129795, filed March 25, 1968. Applicant: GAIL TRUCKING CO., INC.! New York, N.Y. and points in Long Is­ Applicant: A J. R. TRUCKING, INC., Verona, Pa. 15147. Applicant’s rep­ land, N.Y., under contract with Pedders 2707 Preble Avenue, Pittsburgh, Pa. resentative: Henry M. Wick, Jr., 2310 Corp. N o t e : If a hearing is deemed nec­ 1523 3. Applicant’s representative: Grant Building, Pittsburgh, Pa. 15219, essary, applicant requests it be held at Arthur J. Diskin, 806 Frick Building, Authority sought to operate as a contract Newark, N.J. Pittsburgh, Pa. 15219. Authority sought carrier, by motor vehicle, over irregular No. MC 129765 (Sub-No. 1), filed to operate as a contract carrier, by motor routes, transporting: Furniture, mate­ March 26,1968. Applicant: C & B CORP., vehicle, over irregular routes, transport­ rials, equipment and supplies used in the 300 Essex Street, Lawrence, Mass. Appli­ ing: Machinery, forgings, steel bar stock, manufacture, sale, or distribution of fur­ cant’s representative: John P. Curley, 33 structural steel, and materials and sup­ niture, between Pittsburgh, Pa., Aurora, Broad Street, Boston, Mass. 02109. Au­ plies used in the manufacture of rog- Chicago, and West Chicago, HI., on the thority sought to operate as a contract ings, (1) between the plantsites of Al­ one hand, and, on the other, points in carrier, by motor vehicle, over irregular legheny Drop Forge Co., Pittsburgh, Pa., Alabama, Arkansas, Connecticut, Dela­ routes, transporting: Such merchandise Riverside Terminal Co., Pittsburgh, Pa., ware, Florida, Georgia, Hlinois, Indiana, as is dealt in by wholesale, retail, chain and Jones Structural Steel Co., Ra­ Iowa, Kansas, Kentucky, Maine, Mary­ grocery, food business houses, and dis­ venna, Ohio, and (2) between plantsites land, Massachusetts, Michigan, Minne­ count stores (except commodities in in (1) above, and points in Ohio, In­ sota, Mississippi, Missouri, Nebraska, New bulk), from sites of the Essex Warehouse, diana, Illinois, Michigan, West Virginia, Hampshire, New Jersey, New York, North Inc., at Lawrence, Mass., to points in New York, New Jersey, and Pennsylvania, Carolina, North Dakota, Ohio, Oklahoma, Connecticut, Maine, Massachusetts, New under continuing contracts with Al­ Pennsylvania, Rhode Island, South Hampshire, Rhode Island, and Vermont, legheny Drop Forge Co. and its sub­ Carolina, South Dakota, Tennessee, Ver­ under a continuing contract with Essex sidiaries, Riverside Terminal Co. and mont, Virginia, West Virginia, Wisconsin, Warehouse, Inc., of Lawrence, Mass. Jones Structural Steel Co. N o t e : If a and the District of Columbia, under con­ N o t e : Common control may be involved. hearing is deemed necessary, applicant tract with Haskell, Inc., Riteform, Inc., If a hearing is deemed necessary, appli­ requests it be held at Washington, D.C. Haskell Manufacturing Co., Inc., and cant requests it be held at Washington, or Pittsburgh, Pa. Bentson Manufacturing Co., Inc. Note: D.C. No. MC 129796, filed March 25, 1968. If a hearing is deemed necessary, appli­ No. MC 129786, filed March 22, 1968. Applicant: J. B. PRIEL, LTD., 401 Wit­ cant requests it be held at Washington, Applicant: THE TRUMBO TRUCKING ney Avenue South, Saskatoon, Sas­ EK). or Pittsburgh, Pa. CO., a corporation, Post Office Box 743, katchewan, . Applicant’s rep­ No. MC 129802, filed March 28, 1968. Route No. 1, Centralia, HI. 62801. Au­ resentative: F. G. Dickson, Retailers Applicant: GAEL R.~ KALDENBERG, thority sought to operate as a contract Trust Building, 3d Avenue and 22d doing business as ABC CARTAGE, Des carrier, by motor vehicle, over irregular Street, Saskatoon, Saskatchewan, Moines, Iowa. Applicant’s representative: routes, transporting: Dresses and piece Canada. Authority sought to operate as a William L. Fairbank,-610 Hubbell Build­ goods, from Centralia, HI., to Kansas contract carrier, by motor vehicle, over ing, Des Moines, Iowa 50309. Authority City, Mo., under contract with Centralia irregular routes, transporting: Treated sought to operate as a common carrier, Apparel, Inc., and Gay Gibson, Inc. posts and poles, from ports of entry on by motor vehicle, over regular routes, N o t e : If a hearing is deemed necessary, the International Boundary Line be­ transporting: General commodities (ex­ applicant requests it be held at Spring- tween the United States and Canada cept those of unusual value, classes A field, HI. located in Montana and North Dakota, and B explosives, household goods as No. MC 129787 (Sub-No. 2), filed to points in Montana, North Dakota, defined by the Commission, commodities March 25, 1968. Applicant: JOHN NOTO South Dakota, and Minnesota, under in bulk, and those requiring special AND SALVATORE NOTO, a partnership contract with L & M Wood Products, equipment), between Des Moines and doing business as NOTO BROS., 760 Ltd. N ote : If a hearing is deemed neces­ Leon, Iowa, (a) from Des Moines over Hawkins Avenue, Lake Ronkonkoma, sary, applicant requests it be held at U.S. Highway 69 to Leon, Iowa, and re­ N.Y. 11779. Applicant’s representative: Billings, Mont, or Bismarck, N. Dak. turn over the same route serving no George A. Olsen, Tonnele Avenue, Jersey No. MC 129799, filed March 27, 1968. intermediate points, and (b) from Des City, N.J. 07306. Authority sought to Applicant: RONALD L. KLINE, Rural Moines over Interstate Highway 35 to operate as a contract carrier, by motor Delivery No. 1, Winfield, Pa. 17889. Ap­ junction with U.S. Highway 34, thence vehicle, over irregular routes, transport­ plicant’s representative: Christian V. over U.S. Highway 34 to U.S. Highway ing: Iron and steel, in coil and fiat forms, Graf, 407 North Front Street, Harris­ 69 and thence over U.S. Highway 69 to from piers in New York Harbor, as de­ burg, Pa. 17101. Authority sought to jeon, Iowa, and return over the same fined by the Commission, to points in operate as a contract carrier, by motor oute serving no intermediate points. Nassau, Suffolk, and Westchester vehicle, over irregular routes, transport­ To t e : If a hearing is deemed necessary Counties, N.Y., and Fairfield and New ing: Rubatex Vinyl material, from Bed­ Haven Counties, Conn. N o t e : I f a hear­ ford, Va. to Northumberland, Pa., under Moines, Iowa. ing is deemed necessary, applicant re­ a continuing contract with Resiltie M otor C arriers of Passengers quests it be held at New York, N.Y, or Sports Products, Inc., of Northumber­ Washington, D.C. land, Pa. N o t e : If a hearing is deemed No. MC 120083 (Sub-No. 7), No. MC 129793, filed March 22, 1968. necessary, applicant requests it be held March 28, 1968. Applicant: LINCOLN Applicant: 1. CHARLES BEAUMONT, at Washington, D.C. or Harrisburg, Pa. COACH LINES, 1008 Lincoln Highway Post Office Box 126, Lawrence (Washing­ No, MC 129800, filed March 27, 1968. West, Post Office Box 369, Irw1“ ’ f ?" ton County), Pa. 15055. Applicant’s Applicant: KENVIL MOTOR EXPRESS, 15642. Applicant’s representative: James representative: Henry M. Wick, Jr. 2310 INC., Post Office Box 473, Legewood, N.J. W. Hagar, 100 Pine Street, P°st Grant Building, Pittsburgh, Fa. 15055. 07852. Applicant’s representative: George Box 432, Harrisburg, Pa. 17108. Authority Authority sought to operate as a contract A. Olsen, 69 Tonnele Avenue, Jersey City, sought to operate as a common can > carrier, by motor vehicle, over irregular N.J. 07306. Authority sought to operate by motor vehicle, over irregular ro • routes, transporting: Building materials, as a common carrier, by motor vehicle, transporting: Passengers and tnexr equipment and supplies, appliances, over irregular routes, transporting: Gen­ gage, in the same vehicle with^passeng„ » furniture, between points in Washington eral commodities, in piggyback contain­ in special operations, in round-trip ' County, Pa., on the one hand, and, on ers, between Croxton Yards and Port beginning end ending at points m the other, points in Ohio on and east of Morris, N.J., on the one hand, and, on gheny County, Pa., and extending _ U.S. Highway 23 and points in West the other, points in Passaic, Morris, points in the United States (me FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 NOTICES 5651

Alaska but excluding Hawaii). N o t e : If sought to operate as a common carrier, scribed thereunder (49 CFR Part 1132), a hearing is deemed necessary, applicant by motor vehicle, over regular routes, appear below: requests it be held at Pittsburgh, Pa. transporting: General commodities in As provided in the Commission’s spe- No. MC 129776, filed March 19, 1968. service which is supplemental and aux­ . cial rules of practice any interested per­ Applicant: TWIN CITY COACH COM­ iliary to the rail service of the Missouri son may file a petition seeking reconsid­ PANY, INC., Route No. 1, Box 125-A, Pacific Railroad Co., between New eration of the following numbered Portsmouth, Va. 23703. Applicant’s Orleans, La., and Anchorage, La., from proceedings within 20 days from the date representative: Henry E. Ketner, 1208 New Orleans over U.S. Highway 90 to of publication of this notice. Pursuant to State Planters Bank Building, Richmond, junction Louisiana Highway 18, thence section 17(8) of the Interstate Commerce Va. 23219. Authority sought to operate over Louisiana Highway 18 to junction Act, the filing of such a petition will as a common carrier, by motor vehicle, , near Donaldson- postpone the effective date of the order over irregular routes, transporting: Pas­ ville, La., thence over Louisiana High­ in that proceeding pending its disposi­ sengers and their baggage, in charter way 1 to Louisiana Highway 76, thence tion. The matters relied upon by peti­ operations, beginning and ending at over Louisiana Highway 76 to junction tioners must be specified in their peti­ Norfolk and Portsmouth, Va., and points , thence over tions with particularity. in that part of Nansemond County, Va., Louisiana Highway 415 to Anchor­ No. MC-FC-70221. By order of March located east of the Nansemond River age, and return over the same route, 29, 1968, the Transfer Board approved Bridge, and on and north of U.S. High­ serving no intermediate points. N o t e : the transfer to Beverly Storage Co., Inc., way 17 and extending to points in New Applicant is a wholly owned sub­ New York, N.Y., of a portion of the oper­ York, New Jersey, Pennsylvania, Dela­ sidiary of the Texas and Pacific Railway ating rights in certificate No. MC-95021 ware, Maryland, North Carolina, South Co., which in turn is controlled by the (Sub-No. 2) issued April 26, 1962, to Bay Carolina, Georgia, Florida, and Wash­ Missouri Pacific Railroad Co. Applicant Ridge Vans, Inc., Brooklyn, N.Y., au­ ington, D.C. N o t e : If a hearing is deemed presently holds operating authority as thorizing the transportation of household necessary, applicant requests it be held a common carrier by motor vehicle, be­ goods, as defined by the Commission, at Norfolk or Richmond, Va. tween New Orleans and Anchorage, La. over irregular routes, between New York, No. MC 129798, filed March 26, 1968. (which is in the Baton Rouge commercial N.Y. (except points in Nassau County, Applicant: ELIZABETH W. TAYLOR, zone), but its service is limited to that N.Y., within the New York, N.Y., com­ 742 Dover Street, Marion, Va. 24354. which is supplemental and auxiliary to mercial zone), on the one hand, and, Applicant’s representative: John H. the Texas and Pacific Railway Co. By this application, applicant seeks author­ on the other, points in Delaware, Mary­ Tate, Jr., Merion, Va. 24354. Authority land, and the District of Columbia. Alvin sought to operate as a contract ity, in addition to handle freight in Altman, 1776 Broadway, New York, N.Y. carrier, by motor vehicle, over irregular substituted motor for rail service aux­ iliary and supplemental to that of the 10019, attorney for applicants. routes, transporting: Passengers and No. MC-FC-70222. By order of March their baggage, and ex-press, between the Missouri Pacific Railroad Co., to enable the latter to continue substituted service 29, 1968, the Transfer Board approved site of the Brunswick Corp., Marion, Va. the transfer to Dave Cohen, Bronx, N.Y., and points in Virginia and Tennessee, by motor between New Orleans and Baton Rouge. Applicant indicates that of a portion of .the operating rights in under contract with Brunswick Corp. certificate No. MC-95021 (Sub-No. 2) is­ Note: If a hearing is deemed necessary, the Hiihois Central Railroad Co. pres­ ently is providing this motor service sued April 26, 1962, to Bay Ridge Vans, applicant requests it be held at Abingdon Inc., Broklyn, N.Y., authorizing the or Roanoke, Va. under its certificate to conduct motor carrier operations in No. MC-86779 transportation of household goods, as Freight F orwarders of P roperty (Sub-No. 17), which provides that the defined by the Commission, over irregular routes, between New York, N.Y. (except No. FF-330 (Amendment), HOME- service authorized therein shall be aux­ iliary or supplemental to that of the points in Nassau County, N.Y., within the PACK TRANSPORT, INC., Freight For­ New York, N.Y., commercial zone), on warder. Application filed November 22, Illinois Central Railroad Co., and to that the one hand, and, on the other, points 1965, published in the F ederal R egister of the New Orleans, Texas & Mexico Rail­ issue of December 9, 1965, and repub­ way Co. (Guy A. Thompson, Trustee). in Massachusetts, Connecticut, Rhode lished as amended this issue. Applicant: The application indicates further that Island, New Jersey, Pennsylvania, and HOME-PACK TRANSPORT, INC., 57-48 the latter has been merged into the New York (except points in Nassau and 49th Street, Maspeth, N.Y. Applicant’s Missouri Pacific Railroad Co., and that Suffolk Counties, N.Y.). Alvin Altman, representative: Edward M. Alfano, 2 the Illinois Central Railroad Co. has given notice that it will cease handling 1776 Broadway, New York, N.Y. 10019, West 45th Street, New York, N.Y. attorney for applicants. Authority sought under Part IV Missouri Pacific traffic after July 1, 1968. of the Interstate Commerce Act, as a Filed with the application is a request No. MC-FC-70223. By order of March freight forwarder in interstate or foreign by the Illinois Central Railroad Co. that 29, 1968, the Transfer Board approved commerce, in the forwarding of (a) the portion of its certificate in No. MC the transfer to Hume Moving & Storage, household goods tis defined by the Com­ 86779 (Sub-No. 17) be canceled insofar Inc., Brooklyn, N.Y., of a portion of the mission in 17 M.C.C. 467, (b) used auto- as it authorizes service for the New operating rights in certificate No. MC- mooiies and (c) unaccompanied baggage, Orleans, Texas & Mexico Railway Co. 95021 (Sub-No. 2) issued April 26, 1962, Detween points in the United States, in­ (Guy A. Thompson, Trustee), now part cluding Alaska and Hawaii. N o t e : The to Bay Ridge Vans, Inc., Brooklyn, N.Y., purpose of this republication is to reflect of the Missouri Pacific Railroad Co. authorizing the transportation of house­ k* par^ the commodity By the Commission. hold goods, as defined by the Commission, tion' If a hearing is deemed over irregular routes, between points in ¡JSK“ ** applicant requests At be held [seal] H . N eil G arson, at New York, N.Y. Secretary. Nassau and Suffolk Counties, N.Y., on the [F.R. Doc. 68-4261; Filed, Apr. 10, 1968; one hand, and, on the other, points in Application in W h ic h H andling 8:45 a.m.] Massachusetts, Connecticut, Rhode Is­ W ithout O ral H earing H as B een land, New York, New Jersey, Delaware, R equested [Notice 121] Pennsylvania, Maryland, and the District No MC 50544 (Sub-No. 62), file of Columbia. Alvin Altman, 1776 Broad­ arch 13, 1968. Applicant: THE TEXA MOTOR CARRIER TRANSFER way, New York, N.Y. 10019, attorney for AND PACiFiG M° T° R TRANSPOR' PROCEEDINGS applicants. a corPoration, 210 Nortl A p r i l 8 , 1 96 8 . [ seal] H . N eil G arson, f«w,Street’ Stl Louis’ Mo- 63103. Appli Synopses of orders entered pursuant Secretary. cants representative: Robt. S. Davi to section 212(b) of the Interstate Com­ [F.R. Doc. 68-4338; Filed, Apr. 10, 1968; me address as applicant). Authorit; merce Act, and rules and regulations pre­ 8:49 ajn.]

FEDERAL REGISTER, VOL. 33, NO. 71— THURSDAY, APRIL 11, 1968 5652 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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

Page 3 CFR Pase 13 CFR 21 CFR— Continued Page roposed u les P roclamations : Proposed R u l e s : P R — Continued 3838 ------—------5251 121______- ______5270 146c. 5627 3839 ______5447 146d. 5627 3840 ______— 5495 14 CFR 146e. 5627 3841 ______5497 39—___ 5255, 5449, 5534, 5580, 5613-5615 191_ 5269 3842 ______5499 71______5349-5352, 3843 ______------5573 5401, 5450, 5535, 5580, 5615 22 CFR 3844 ______5575 73______5352, 5353, 5451 41______5410, 5619 3845 ______5577 75_____ 5353 77______5255 24 CFR E xecutive O rders : 97______;______5402 5257 (revoked b y PLO 4389) — 5418 1209______5535 200______5260 11278 (amended by EO 11402) _ 5253 203______5260 11402 ______5253 P ro po sed R u l e s : 221 ______5260,5261 11403 ______5501 21______5586 222 ______5261 11404 ______5503 37______5586 11405 ______5505 39______5458, 5534, 5587, 5630 25 CFR 43______5586 P residential D ocum en ts O ther 71______5269, P roposed R u l e s : T h a n P roclamations and Ex e c ­ 5365, 5366, 5459, 5545, 5588, 5631 88______5544 u t iv e O rders : 73______5269 Reorganization Plan No. 1 of 1968- 5611 75______5366 26 CFR i ______5354,5518 5 CFR 15 CFR 31______5354 ___ 5354 213______5291, 5622 373______5507 301_____ 338______5291 381______5514 385—______.__ 5514 28 CFR 7 CFR 399______5515 0______5580 208- ___ 5449 16 CFR 29 CFR 220- „ — 5291 722- ___ 5532 1 3 ______5257, 5258, 5408-5410, 5515 545______5539 777- ___ 5532 1 5 ______5293, 5294, 5516, 5517 601— __ _ 5411 811- ___ 5579 P ro po sed R u l e s : 602____ _ 5411 905- ___ 5579 3 0 3 ______5 4 5 9 603 _ 5411 907- ___ 5347 17 CFR page 604 _ _ 5411 908_. 5348, 5622 606______5411 5449, 5533 2 0 0 ______5 2 5 9 5542 910- 2 7 0 ______5 2 9 4 608_____ 944- ___ 5579 609 _ 5412 5412 945- ___ r 5623 18 CFR 610 _ 948- ___ 5292 611_____ 5412 1421. ___ 5533 1 5 4 ______5 5 1 7 612_____ 5412 1430 ___ 5292 613 _ 5412 19 CFR 614 _ 5412 P roposed R ules : 5412 4 5 5 1 8 615 _ 51 ______5544 5413 52 ___ 5462 1 0 ______5 6 1 5 616 _ 619______5413 318______5625 P ro po sed R u l e s : _ 5413 Ch. IX _____ 5465 1 5 4 5 8 657_____ 661______5413 967______5303 1 3 ______5 3 0 3 _ 5413 1002 5304 670 ______671 _ _ 5413 1012______5304 21 CFR _ 5414 5544 672 _ 1062______3 ______5616, 5617 _ 5414 1067______5544 673 _ 5414 8_ _ 5 2 5 9 675_____ 5414 2 7 ______5 6 1 7 677 _ 8 CFR 5414 1 2 0 ______5 6 1 8 678 ______— 103____ 5255 1 2 1 ______5259, 5295, 5296, 5618, 5619 5543 681_____ 212___ 5408 1 3 8 ______5 3 5 3 5415 238____ 5255 683_____ P ro posed R u l e s : 5415 687 _ 1 5 2 6 8 5415 9 CFR 688 _ 3 ______2 ______5 3 6 5 5415 85_____ 5613 5 ______5 2 6 8 690_____ 5401 5416 201___ 3 1 ______- ______5 6 2 7 694_____ 5415 8 0 ______5 2 6 8 699—___ 12 CFR 1 2 1 ______5 6 2 7 5415 720_____ l ______5293 1 2 5 ______5 2 6 8 207_____ 5348 1 3 1 ______5 3 6 5 32 CFR 220____ 5348 1 4 6 a ______5 6 2 7 _ 5360 221____ 5349 1 4 6 b ______5 6 2 7 61______FEDERAL REGISTER 5653

32A CFR Page 41 CFR Page 43 CFR—-Continued page NSA (Ch. XVIII): I - 15-— v—1______5451 P ropo sed R u l e s — Continued INS-1______5296 3-60------5301 4396 ------5420 Proposed Rules: 9-4------5536 9-16------5536 4397 __ 5420 OIA (Ch. X ) : II - 1------5581 4398 _ 5420 Reg. 1------5585 11-2------5581 4399 ______5420 11-3------5581 11-7------5581 46 CFR 33 CFR 11-12------5582 110------5261 11-16------5582 526------5582 117______5261, 5262, 5582 11-50------5582 206______5262 101-44------5416 47 CFR Proposed Rules: 401______5367 42 CFR 0------5302 73------5362 57------5262 37 CFR 73------5362 P r o po sed R u l e s : 1...... 5623 73------5315,5422 3______5623 43 CFR 38 CFR 1820------5417 49 CFR 1------5298 P u b l ic L and O r d e r s : 89------5583 3------5416 4386 ------5417 177------5620 17------5298 4387 ------5417 294------5620 36------5361 4388 ------5418 297------5620 4389 ------5418 1033------5266 39 CFR 4390 ------5418 P ropo sed R u l e s : 132...... 5416 4391 5418 1048------5269 Subchapter C___ 5621 4392. 5419 Proposed Rules: 4393. 5419 50 CFR 135______5460 4394. 5419 28------5364 151______5625 4395. 5419 33—------5364, 5538, 5621 KNOW YOUR GOVERNMENT U.S. Government Organization M anual 1 9 6 7 -m s s Presents essential information about Government agen­ cies (updated and republished annually)* Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S* Government. The United States Government Organization Manual is the official guide to the functions of the Federal Govern• m ent $ ^ 0 0 w per copy. Paperbound, with charts 'Order from Superintendent of Documents, U.S. Government Printing Office, "Washington, D.C. 20402,