FEDERAL REGISTER VOLUME 32 NUM BER 76

Thursday, April 20,1967 Washington, D.C. Pages 6169-6251

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Civil Service Commission Comptroller of the Currency Consumer and Marketing Service Defense Department Delaware River Basin Commission Federal Aviation Administration Federal Aviation Agency Federal Communications Commission Federal Crop Insurance Corporation Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Housing and Urban Development International Commerce Bureau Interstate Commerce Commission Justice Department Land Management Bureau Securities and Exchange Commission Small Business Administration Treasury Department Detailed list of Contents appears inside. 5-Year Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 1938- of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

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Milk in certain marketing areas: THE PRESIDENT Central West Texas; extension FEDERAL HOME LOAN of time for comments_____ 6206 BANK BOARD EXECUTIVE ORDER Tampa Bay; termination of Proposed Rule Making Creating a board of inquiry to certain provisions______6206 report on a labor dispute affect­ Western Colorado; suspensions Federal Savings and Loan Sys­ ing the military aircraft in­ of certain provisions______6206 tem; mobile facilities....:_____ 6209 dustry and the military aircraf t engine industry of the United DEFENSE DEPARTMENT FEDERAL MARITIME S tates______6173 See also Army Department. COMMISSION Rules and Regulations Notices EXECUTIVE AGENCIES Policies governing assignments of Trans-Pacific Freight Conference military personnel in Vietnam. _ 6192 of Japan; agreement filed for AGRICULTURAL STABILIZATION approval______6227 AND CONSERVATION SERVICE DELAWARE RIVER BASIN COMMISSION FEDERAL POWER COMMISSION Rules and Regulations Notices Sugar quota, mainland cane sugar Notices area; allotment, 1967______6188 Hearings, etc.: Comprehensive Plan; hearing___ 6227 Big Chief Drilling Co. et al.; Proposed Rule Making correction______6230 Rice; marketing quota, 1967 and ' FEDERAL AVIATION Colorado Interstate Gas Co____ 6227 subsequent crop y e a r s ...... 6196 Culbertson, E. A., et al______6228 ADMINISTRATION Equitable Gas Co______6228 AGRICULTURE DEPARTMENT See also Federal Aviation Agency. Mobil Oil Corp. et al.; cor­ See Agricultural Stabilization and Rules and Regulations rection------6230 Conservation Service; Consumer Airworthiness directive; Boeing Northern Natural Gas Co____ 6228 and Marketing Service; Federal Models 720 and 720B airplanes. 6185 Northeast Oklahoma Gas Au­ Crop Insurance Corporation. thority et al______6229 Restricted area; revocation_____ 6186 Trunkline Gas Co____ ... ____ 6229 ARMY DEPARTMENT Proposed Rule Making United Gas Pipe Line Co. and Control zone; alteration______6207 Transcontinental Gas Pipe Rules and Regulations Restricted area; designation____ 6207 Line Corp------____ 6229 Claims against U.S.; relief for members and former members FEDERAL AVIATION AGENCY FEDERAL RESERVE SYSTEM who lost interest on Soldiers Deposits ______6193 See also Federal Aviation Admin­ Rules and Regulations istration. Discount rates; changes______6195 ATOMIC ENERGY COMMISSION Rules and Regulations Foreign banking; stock acqui­ sitions ___ 6195 Notices Airworthiness directive; Piper Model PA-25-235 airplanes___ 6184 Proposed Rule Making Carolina Power & Light Co.; Control zone; alteration_____ 6185 issuance of provisional con­ Collection of checks and other struction permit ______6226 Proposed Rule Making item s------6210 Transition areas: CIVIL SERVICE COMMISSION A lteration______{.______6208 FISH AND WILDLIFE SERVICE Designation______6208 Notices Proposed Rule Making Migratory birds; hunting methods Program Analyst, Treasury De­ FEDERAL COMMUNICATIONS partment; manpower shortage. 6226 and transportation______6196 COMMISSION COMMERCE DEPARTMENT Notices FOOD AND DRUG See International Commerce Bu­ Dominican Republic broadcasting ADMINISTRATION reau. stations; changes and additions Rules and Regulations in assignments______6220 Color additives; dehydrated beets. 6186 COMPTROLLER OF THE Hearings, etc.: Drugs; official names______6187 CURRENCY CATV industry_____;______6221 Food additives: Community antenna television Notices Adhesives.______6187 systems------6221 Plasticizers in polymeric sub­ First Deputy Comptroller of the Lebanon Valley Radio et al___ 6222 stances______6186 Currency et al. ; order of succes­ Sports Network, Inc., and Polyurethane resins______6187 sion to act as Comptroller___ 6215 American Telephone and Tel­ egraph Co------6222 Notices CONSUMER AND MARKETING Meier’s Wine Cellars, Inc.; with­ SERVICE FEDERAL CROP INSURANCE drawal of petition for food addi­ tive------— ------6220 Proposed Rule Making CORPORATION Rohm and Haas Co.; petition Fruit grown in Florida; contain- Notices regarding pesticides______6220 ers; Sugarbeets in Michigan; exten­ Upjohnr Co.; petition regarding Avocados_Z______6206 sion of closing date for filing of pesticides. _-=.______6220 Limes — _____-______6205 applications for 1967 crop year. 6219 (Continued on next page) 6171 6172 CONTENTS

HEALTH, EDUCATION, AND Motor carrier: SECURITIES AND EXCHANGE Broker, water - carrier, and WELFARE DEPARTMENT freight forwarder applica­ COMMISSION See Food and Drug Administra­ tions __ 6234 Notices tion. Temporary authority applica­ Hearings, etc.: tions ______r 6247 Atlantic Richfield International HOUSING AND URBAN Transfer proceedings_____6248 Finance Corp______6230 DEVELOPMENT DEPARTMENT St. Johnsbury & Lamoille County Broad Street Investing Corp— 6231 Railroad; rerouting and diver­ Notices National Lead Overseas Capi­ sion of traffic______6249 tal Corp______6231 Assistant Regional Administrator Samantha Pollard Industries, for Renewal Assistance et al.; JUSTICE DEPARTMENT Inc ______6232 redelegations of authority: Southwestern Research and Chicago______js------6224 Notices General Investment Co—----- 6233 Port Worth______6225 Ports of entry ; San Diego and San New York______— ------6224 Philadelphia______!------6224 Ysidro, Calif______6215 San Francisco______.______6225 SMALL BUSINESS San Juan______-______6226 LAND MANAGEMENT BUREAU ADMINISTRATION INTERIOR DEPARTMENT Rules and Regulations Rules and Regulations See Fish and Wildlife Service; Land; recreation and public pur­ Size standards______6175 Land Management Bureau. poses ; pricing for historic mon­ um ents______-______6194 TRANSPORTATION DEPARTMENT INTERNATIONAL COMMERCE Washington; withdrawal for na­ See Federal Aviation Administra­ tional forest administrative site tion. BUREAU and recreation areas______6194 Notices Notices Oesterreichische Premaberg TREASURY DEPARTMENT G.m.b.H. and Erich Gordon----- 6222 New Mexico; proposed withdraw­ al and reservation of lands—__6218 See also Comptroller of the Cur­ INTERSTATE COMMERCE Proposed classification of public rency. lands for multiple use man­ COMMISSION agement: Notices Notices Colorado______6215 Director of Administrative Serv­ Fourth section applications for Nevada ______6217 ices et al.; authority to affix seal relief______6247 Wyoming______6219 of the Department______6215

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

P r o p o se d R u l e s : 21 CFR 3 CFR 207—— ____— 6210 E x e c u t iv e O r d e r : 6210 8______6186 11344______6173 210______121 (3 documents)______6186,6187 545—______6209 138______6187 7 CFR 13 CFR 32 CFR 814______— 6188 121______6175 49______6192 P r o p o se d R u l e s : 6193 730______— 6196 14 CFR 536___ _ 911______6205 39 (2 documents)______6184, 6185 915—------— 6206 43 CFR 71______— — — 6185 6194 1012______6206 73______-__ r__ 6186 2230______; 1128______6206 P u b l ic L a n d O r d e r : 6206 P r o p o se d R u l e s : 6194 1134______— 71 (3 documents)______6207,6208 4193______73______—______6207 12 CFR 50 CFR 211____ 6195 P r o p o se d R u l e s : 224_____ 6195 10______6196 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11344 CREATING A BOARD OF INQUIRY TO REPORT ON A LABOR DISPUTE AFFECTING THE MILITARY AIRCRAFT INDUSTRY AND THE MILITARY AIRCRAFT ENGINE INDUSTRY OF THE UNITED STATES WHEREAS, there exists a labor dispute between Avco Corporation, a Delaware corporation, and certain of its employees at the Lycoming Division Plant, Stratford, Connecticut, represented by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL—CIO, and Locals 376 and 1010 thereof; and WHEREAS, such dispute threatens to result in a strike affecting a substantial part of an industry or industries of the United States engaged in trade, commerce, transportation, transmission, or communi­ cation among the several states or with foreign nations, or engaged in the production of goods for commerce, which strike, if permitted to occur or continue, would, in my opinion, imperil the national safety; NOW, THEREFORE, by virtue of the authority vested in me by Section.206 of the Labor Management Relations Act of 1947 (61 Stat. 155 ; 29 U.S.C. 176), I hereby create a board of inquiry, consisting of Mr. Leo C. Brown, Chairman, Mr. James C. Hill and Mr. Clyde W. Summers, whom I appoint to inquire into the issues involved in this dispute. The board shall have powers and duties as set forth in Title II of such act. The board shall report to the President in accordance with the provisions of Section 206 of such act on or before April 17,1967. Upon the submission of its report^ the board shall continue in existence to perform such other functions as may be required under such act.

T h e W h i t e H o u s e , A p ril 15, 1967. [F.R. Doc. 67-4464; Filed, Apr. 19,1967; 1: 20 p.m.]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 T 6175

Rules and Regulations

(6) To determine within any industry the fined in the SIC Manual, there is a group concerns, firms, persons, corporations, part­ of establishments manufacturing a class Title 13— BUSINESS CREDIT nerships, cooperatives, or other business en­ terprises which are to be designated “small of products which has been given a five­ AND ASSISTANCE business concerns” for the purpose of effec­ digit code by the Bureau of the Census tuating the provisions of this Act. To carry and such groups of establishments would Chapter I— Small Business out this purpose the Administrator, when be recognized as a separate industry ex­ Administration requested to do so, shall issue in response cept for the fact that it fails to meet the to each such request an appropriate certifi­ Bureau of the Budget’s size of industry [R ev. 7] cate certifying an individual concern as a criterion for SIC Manual recognition and “small business concern” in accordance with PART 121— SMALL BUSINESS SIZE the criteria expressed in this Act. Any such SBA further determines that the finan­ STANDARDS certificate shall be subject to revocation cial assistance size standard for such when the concern covered thereby ceases to class of products should be 500 employees Revision 7 of Part 121 rescinds Revi­ be a “small business concern.” Offices of the rather than 250 employees, SBA shall sion 6, including Amendments 1 through Government having procurement or lending thereupon adopt a separate size stand­ 16 thereof. powers, or engaging in the disposal of Federal ard for such class of products and shall Part 121 of Chapter I of Title 13 of property or allocating materials or supplies, list it in Schedule A of this Part 121. or promulgating regulations affecting the the Code of Federal Regulations is hereby distribution of materials or supplies, shall (2) Factors in formulating size stand­ revised to read as follows: accept as conclusive the Administration’s ards. The following factors shall be con­ Sec. ^ determination as to which enterprises are to sidered in formulating industry size 121.3 Statutory provisions. be designed "small business concerns,” standards: 121.3- 1 Purpose and method of establish­ as authorized and directed under this (i) Concentration of output; in g size sta n d a rd s. paragraph. (ii) Coverage ratio; 121.3- 2 Definition of terms used in this part. (b) Small Business Investment Act of (iii) Primary product specialization 121.3- 3 Organization; size functions. 1958, as amended. ratio;

FEDERAL REGISTER, VOL. 3 2 , NO . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6176 RULES AND REGULATIONS appeal in the manner provided in Columbia, three or more services which of some items in each of the following § 121.3-6. may include but are not limited to such merchandise lines: (1) Furniture, home field of maintenance activities as jani­ furnishings, appliances, radio and tele­ § 121.3—2 Definition of terms used in torial and custodial services, protective vision sets; (2 ) a general line of apparel this part. guard services, commissary services, for the family; and (3) household linens (a) “Affiliates”: Concerns are affiliates base housing maintenance, fire preven­ and dry goods: Provided, however, That of each other when either directly or in­ tion services, refuse collection services, sales within any one of the preceding directly (1) one concern (other than an safety engineering services, messenger merchandise lines do not exceed eighty investment company licensed under the services, grounds maintenance and land­ percent (80%) of the concern’s total Small Business Investment Act of 1958 scaping services, and air-conditioning sales and the aggregate of such mer­ or registered under the Investment Com­ and refrigeration maintenance: Pro­ chandise lines accounts for at least fifty pany Act of 1940, as amended), controls vided, however, That whenever the con­ percent (50%) of the concern’s total or has the power to control the other, or tracting officer determines prior to the sales. (2) a third party or parties (other than issuance of bids that the estimated value (k) “Gross leasable area” means the an investment company licensed under of one of the foregoing services consti­ total floor area designed for tenant occu­ the Small Business Investment Act of tutes more than 50 percent of the esti­ pancy and exclusive use, including base­ 1958 or registered under the Investment mated value of the entire contract, the ments, mezzanines, and upper floors, if Company Act of 1948, as amended), con­ contract shall not be classified as base any, expressed in square feet measured trols or has the power to control both. maintenance but in the industry in which from the centerline of a joint partition In determining whether concerns are such service is classified. and from outside wall faces. independently owned and operated and (d-3) “Bona fide feed stocks” means (l) “Hospital” means a health facility whether or not affiliation exists, consid­ crude and any other hydrocarbon mate­ duly licensed as a hospital providing in­ eration shall be given to all appropriate rial actually charged "to refinery process­ patient medical or surgical care of the factors, including common ownership, ing units, as distinguished from materi­ sick or injured, including obstetrics, common management, and contractual als used as components in products to be which facility is privately owned and relationships: Provided, however, That delivered after merely filtering, settling, operated for the purpose of obtaining restraints imposed on a franchisee by its or blending. profits which shall inure to the benefits franchise agreement shall not be con­ (e) “Crude-oil capacity” means the of its owners, stockholders, or members. sidered in determining whether the fran­ maximum daily average crude through­ (m) “Industry” means a grouping of chisor controls or has the power to con­ put of a refinery in complete operation, establishments primarily engaged in trol and, therefore is affiliated with the with allowance for necessary shutdown similar lines of activity as listed and franchisee, if the franchisee has the right time for routine maintenance, repairs, described in the Standard Industrial to profit from his effort, commensurate etc. It approximates the maximum Classification Manual, as amended (SIC with ownership, and bears the risk of daily average crude runs to stills that Manual), prepared and published by the loss or failure. can be piaintained for an extended Bureau of the Budget, Executive Office of (b) “Annual sales or annual receipts” period. the President. means the annual sales or annual re­ (f) “Certificate of Competency” (n) “Medical and dental laboratory” ceipts, less returns and allowances, of a means a certificate issued by SBA pur­ means those facilities which provide concern and its affiliates during its most suant to the authority, contained in sec­ services to doctors, dentists, hospitals, recently completed fiscal year. tion 8 (b) (7) of the Act stating that the and similar health facilities, which (c) “Appeal” means a written com­ holder of the certificate is competent as facilities are privately owned and oper­ munication addressed to the Size Ap­ to the capacity and credit, to perform a ated for the purpose of obtaining profits peals Board requesting it to review a de­ specific Government procurement or which shall inure to the benefit of its termination relating to a size matter sales contract. owners, stockholders, or members. made by an Area Administrator or his (g) “Concern” except for § 121.3-Ì3, (o) “Nonmanufacturer” means any delegatee, or by a Contracting Officer. means any business entity organized for concern which in connection with a spe­ (d-1) “Area of Substantial Unem­ profit with a place of business located cific Government procurement contract, ployment” for the purpose of small busi­ in the United States, including, but not other than a construction or service ness size determination means a geo­ limited to, an individual, partnership, contract, does not manufacture or pro­ graphical area within the United States corporation, joint venture, association, duce the products required to be fur­ which: or cooperative. For the purpose of mak­ nished by such procurement. Non­ (1) Is classified by the Department of ing affiliation findings (see paragraph manufacturer includes a concern which Labor either as an “Area of Substantial (a) of this section) any business entity, can manufacture or produce the prod­ Unemployment,” or an “Area of Sub­ whether organized for profit ór not, and ucts referred to in the specific procure­ stantial and Persistent Unemployment,” any foreign business entity shall be in­ ment but does not do so in connection and such classification has been listed in cluded. For the purpose of § 121.3-13 with that procurement. that Department’s publication “Area a. concern need not have a place of busi­ (p) A concern is “not dominant in Labor Market Trends” continuously from ness located in the United States. its field of operation” when it does not September 15, 1961, until a size determi­ (h) “Contracting Officer” means the exercise a controlling or major influence nation is made; or person executing a particular contract on a national basis in a kind of business (2) Is individually certified by the on behalf of the Government, and any activity in which a number of business Department of Labor as an “Area of other employee who is properly desig­ concerns are primarily engaged. In de­ Substantial Unemployment” and has nated contracting officer; the term in­ termining whether dominance exists, been eligible for such certification con­ cludes the authorized representative of consideration shall be given to all ap­ tinuously since September 15, 1961. If a contracting officer acting within the propriate factors, including volume of an area has been removed from the pub­ limits of his authority. business, number of employees, financial lication, “Area Labor Market Trends,” (i) “Convalescent or nursing home” resources, competitive status or position, or if an area becomes ineligible for cer­ means those facilities for the accommo­ ownership or control of materials, proc­ tification at any time, such area is ex­ dation of convalescents or other persons esses, patents, license agreements, facil­ cluded from the above definition and who are not acutely ill or not in need ities, sales territory, and nature of busi­ cannot be reinstated for the purpose of of hospital care but who may require ness activity. size determinations unless it is desig­ nursing care and related medical serv­ (q) “Number of employees” means the nated as a Redevelopment Area by the ices, which facility is privately owned and average employment of any concern, in­ Department of Commerce. (See para­ operated for the purpose of obtaining cluding the employees of its domestic and graph (s) of this section.) profits which shall inure to the benefit foreign affiliates, based on the number (d-2) “Base maintenance” means fur­ of its owners, stockholders, or members. of persons employed on a full-time, part- nishing at an installation within the sev­ (j) “Department store” means a con­ time, temporary, or other basis during eral States, Commonwealth of Puerto cern employing twenty-five (25) or the pay period ending nearest the last day Rico, Virgin Islands, or the District of more persons engaged in the retail sale of the third month in each calendar

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6177 quarter for the preceding four quarters. other interested persons of his decision. the protested bidder or offerer of the re­ If a concern has not been in existence Such determination shall be final unless ceipt of the protest and shall forward to for four full calendar quarters, “number appealed in the manner provided in the protested bidder or offerer a copy of of employees” means the average em­ § 121.3-6. Applications for size deter­ the protest and a blank SBA Form 355, ployment of such concern and its affil­ minations shall be submitted on SBA Application for Small Business Size De­ iates during the period such concern Form 355, Application for Small Business termination, by Certified Mail, Return has been in existence based on the num­ Size Determination, in duplicate, to any Receipt Requested. The bidder shall be ber of persons employed during the pay SBA Field Office. The SBA Field Office advised, in writing, that: (1) It must, period ending nearest the last day of each receiving the application shall forward within three (3) days after receipt of month. the application to the Regional Office the copy of the protest and SBA Form (r) “Protest” means a statement in serving the area in which the applicant’s 355, file the completed form as directed writing from any bidder or offerer having principal office is located. SBA Form by SBA, (2) it must attach thereto a a valid interest in whether or not 355 shall be completed and supporting statement in answer to the allegations another bidder or offerer on the same materials shall be attached thereto. Ap­ of the letter of protest, together with Government procurement or Govern­ plications for size determinations made evidence to support such position, and ment disposal contract is a small busi­ by either a small business investment (3) if it does not submit the completed ness within the meaning of this Part 121. company or an applicant for assistance SBA Form 355, SBA will rule that the Such statement shall contain the basis from such an investment company shall protested concern is other than a small for the protest, together with specific be submitted on SBA Form 480, together business. detailed evidence supporting the Pro­ with SBA Form 355. Detailed instruc­ (c) Notification of determination. testant’s claim that such bidder or offerer tions for completing SBA Form 355 and After receipt of a protest and responses is not a small business. A protest re­ SBA Form 480 are attached thereto. thereto, SBA shall determine the small ceived after the time limits set forth in Copies of such forms may be obtained business status of the protested bidder § 121.3-5 (a) shall not be considered nor from any SBA Field Office or from the acted upon. or offerer and notify the Contracting Small Business Administration, Wash­ Officer, the protestant, and the protested (s) “Redevelopment- Area” for the ington, D.C. 20416. purpose of small business size determina­ bidder or offerer of its decision within tions means a geographical area within § 121.3—5 Protest of small business 10 working days, if possible. the United States which has been desig­ status. § 121.3—6 Appeals. ' nated as a “Redevelopment Area” in ac­ (a) How to protest. Any bidder or (a) Organization. The Size Appeals cordance with the Public Works and offerer on a Government procurement Board shall review appeals from size de­ Economic Development Act of 1965 (Pub­ or disposal may challenge the small terminations made pursuant to §§ 121.3-4 lic Law 89-136, sec. 401, 75 Stat. 48). business status of any other bidder or and 121.3-5 and from product classifica­ (t) “Shopping center” means a group offerer on the same procurement or dis­ tions made pursuant to § 121.3-8 and of commercial establishments planned, posal. Such challenge shall be made by shall make recommendations to the Ad­ developed, owned, and managed as a delivering a protest to the Contracting ministrator whether such determinations unit with off-street parking provided on Officer responsible for the particular pro­ or classifications should be affirmed, re­ the property. curement or disposal prior , to the close versed or modified. The Size Appeals (u) “Size determination” means a rul­ of business on the fifth day, exclusive Board shall conduct such proceedings as ing by SBA that a concern is or is not, of Saturdays, Sundays, and legal holi­ it determines appropriate to enable it to or was or was not a small business within days, after bid or proposal opening: discharge its duties. the meaning of this part. Provided, however, That a protest re­ (1) The Size Appeals Board shall con­ (v) “United States” as used in this ceived after such time shall be deemed sist of four members, to wit; The Deputy regulation includes the several States, to be timely and shall be considered if, Administrator, Chairman, the Associate the territories and possessions of the in the case of mailed protests, such pro­ Administrator for Procurement and United States, the Commonwealth of test is sent by registered or certified mail Management Assistance, the Associate Puerto Rico, and the District of Colum­ and the postmark thereon indicates that Administrator for Financial Assistance bia. the protest would have been delivered and the Assistant Administrator for § 121.3—3 Organization; size functions. within this time limit but for delays be­ Planning, Research and Analysis. yond the control of the protestant or, (2) Each member of the Size Appeals The Associate Administrator for Pro­ in the case of telegraphed protests, the Board may designate an alternate to curement and Management Assistance telegram date and time line indicates serve in his stead in the event of absence shall: that the protest would have been de­ or disability. (a) Develop and recommend small livered within this time limit but for (b) Method of appeal—(1) Who may business size standards to the Adminis­ delays beyond the control of the pro­ appeal. An appeal may be taken by any trator of SBA for promulgation* testant. Any Contracting Officer who concern or other interested party which (b) Conduct industry hearings per­ receives such timely protest.shall has: taining to size matters; promptly forward such protest to the (1) Protested the small business status (c) In concert with the Office of Gen­ SBA Regional Office serving the area in of another concern pursuant to § 121.3-5 eral Counsel, issue interpretations of the which the principal office of the protested and whose protest has been denied by a Size Standards Regulation; concern is located. A Contracting Offi­ Regional Director. (d) Consider and take appropriate cer may question the small business (ii) Been adversely affected by a deci­ action on written petitions objecting to status of any bidder or offerer by filing a or requesting amendments or recission sion of an Area Administrator, or his protest with the SBA Regional Office delegatee, pursuant to §§ 121.3-4 and of a published size standard; serving the area in which the principal 121.3-5; or (e) Establish procedures for the im­ office of the protested concern is located. (iii) Been adversely affected by a de­ plementation of all size programs; and Failure to make a timely protest shall not cision of a Contracting Officer regarding (f) Perform such other related func­ prejudice the right to challenge the small product classification pursuant to tions as may be appropriate to adminis­ business status of the same or any other § 121.3-8. ter the SBA size program. concern in the future. (2) Where to appeal. Written notices § 121.3—4 Application for size determi­ (b) Notification of protest. Upon re­ of appeal shall be addressed to the Chair­ nation. ceipt of such protest, the SBA Regional man, Size Appeals Board, Small Business Director or his delegatee shall immedi­ Administration, Washington, D.C. 20416. Size determinations shall be made by ately notify the Contracting Officer and (3) Time for appeal, (i) An appeal the Area Administrator, or his delegatee, the protestant of the date such pro-_ from a size determination or product of the region in which the applicant’s test has been received and that the size classification by an Area Administrator, Principal office is located. The Area Ad- - of the concern being protested is being or his delegatee, may be taken at any winistrator, or his delegatee, promptly considered by SBA. The Regional Di­ time, except that, because of the urgency shall notify, in writing, the applicant and rector or his delegatee shall also advise of pending procurements, appeals con-

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 N o. 76------2 6178 RULES AND REGULATIONS cerning the small business status of a appeal to the appropriate Area Adminis­ for the establishment and/or operation bidder or offerer in a pending procure­ trator, or his delegatee, the Contracting of a plant, facility, or other business es­ ment may be taken within 5 days, ex­ Officer, if a pending procurement is in­ tablishment within such area. clusive of Saturdays, Sundays, and legal volved, and other interested parties. (2) Small business investment com­ holidays, after receipt of a decision by an (d) Statement of interested parties. panies and development companies. Area Administrator, or his delegatee. After receipt of a copy of appellant’s no­ Notwithstanding any other provision of Unless written notice of such appeal is tice of appeal, interested parties may file this part, the size standard for a small received by the Size Appeals Board before with the Board a signed statement, to­ business concern receiving assistance the close of business on this fifth day, gether with four eligible copies thereof, from a small business investment com­ the appellant will be deemed to have as to why the appeal should or should pany or receiving assistance from a de­ waived its rights of appeal insofar as the not be denied. Such statement shall be velopment company in connection with pending procurement is concerned. accompanied by appropriate evidence. section 501 or section 502 loan are in­ (ii) An appeal from a product classi­ Copies of such statements and appro­ creased by twenty-five percent (25%) fication determination by a Contracting priate evidence will be furnished to the whenever such concern maintains or op­ Officer may be taken (a) not less than 10 appellant. Such statements and sup­ erates a plant, facility, or other business days, exclusive of Saturdays, Sundays, porting evidence shall be mailed or de­ establishment within an Area of Sub­ and legal holidays, before bid opening livered to the Chairman, Size Appeals stantial Unemployment or Redevelop­ day or deadline for submitting proposals Board, Small Business Administration, ment Area and agrees to use such assist­ or quotation^, in cases wherein the bid Washington, D.C. 20416, within five (5) ance within such area or, if it does not opening date or last date to submit pro­ days of the receipt of the copy of notice maintain or operate a plant, facility, or posals or quotations is more than 30 days of appeal unless an extension is for cause other business establishment within an after the issuance of the invitation for granted by the Chairman of the Size Ap­ Area of Substantial Unemployment or bids or request for proposals or quota­ peals Board. Redevelopment Area, agrees to utilize tions, or (b) not less than 5 days, ex­ (e) Consideration "by the Size Appeals such assistance in connection with the clusive of Saturdays, Sundays, and legal Board. The Size Appeals Board shall establishment and/or operation of a holidays, before the bid opening day or consider the appeal on the written sub­ plant, facility, or other business estab­ deadline for submitting proposals or quo­ mission of the appellant, or may, in its lishment in such area. tations, in cases wherein the bid opening discretion, permit oral presentations by (3) Government procurement assist­ date or last date to submit proposals or interested parties. The Board shall ance, sales of Government property and quotations is 30 or less days after the promptly recommend in writing to the Government subcontracting. .This para­ issuance of the invitation for bids or re­ Administrator a proposed decision which graph is not applicable to size determi­ quest for proposals or quotations, and shall state the reasons for the recom­ nations for the purpose of Government (iii) The timeliness of an appeal under mendation. procurement assistance, sales of Govern­ subdivisions (i) and (ii) of this subpara­ (f) Decision of the Administrator. ment property, or Government subcon­ graph shall be determined by the time of The Administrator’s decision shall be tracting. receipt of the appeal by the Size Appeals predicated upon the entire record after Board: Provided, however, That an ap­ § 121.3—8 Definition of small business giving such weight to the recommenda­ for Government procurement. peal received after such time limits have tion of the Size Appeals Board as he shall expired shall be deemed to be timely and deem appropriate: Provided, however, A small business concern for the pur­ shall be considered if, in the case of That should he not concur with the rec­ pose of Government procurement is a mailed, appeals, such appeal is sent by ommendation of the Size Appeal Board, concern, including its affiliates, which is registered or certified mail and the post­ he shall state in writing the basis for his independently owned and operated, is mark thereon indicates that the appeal findings and conclusions. not dominant in the field of operation would have been received within the req­ (g) Notification of final decision. in which it is bidding on Government uisite time limit but for delays beyond The Chairman shall promptly notify, in contracts and can further qualify under the control of the appellant, or in the writing, the appellant and the other in­ the criteria set forth in this section. case of telegraphed appeals, the telegram terested parties of the Administrator’s When computing the size status of a date and time line indicates that the ap­ decision, together with the reasons there­ bidder or offerer, the number of em­ peal would have been received within the for. ployees, annual sales or receipts, or other requisite time limit but for delays beyond applicable standards of the bidder or the control of the appellant. § 121.3—7 Differentials. offerer and all of its affiliates shall be (4) Notice of appeal. No particular (a) Alaska. If an applicant for a size included. In the submission of a bid or form is prescribed for the notice of ap­ determination is a concern which has proposal on a Government procurement, peal. However, the appellant shall sub­ fifty percent (50%) or more of its annual A concern which meets the criteria pro­ mit to the Board an original and four sales or receipts attributable to business vided in this section may represent that legible copies of such notice, and, to avoid activity within Alaska then, whenever it is a small business. In the absence time consuming correspondence, the no­ “annual sates or annual receipts” are of a written protest or other information tice should include the following infor­ used in any size definition contained in which would cause him to question the mation: this part, said dollar limitation is in­ veracity of the self-certification, the Con­ (i) Name and address of concern on creased by twenty-five percent (25%) of tracting Officer shall accept the self- which the size determination was made; the amount set forth therein. certification at face value for the par­ (ii) The character of the determina­ (b) Substantial unemployment and ticular procurement involved. If a pro­ tion from which appeal is taken and its redevelopment areas—(1) Business loans curement calls for more than one item date; under the Small Business Act. Notwith­ the bidder must meet the size standard (iii) If applicable, the IFB or contract standing any other provision of this part, for each item for which it submits a bid. number and date, and the name and ad­ the applicable size standards for the pur­ The determination of the appropriate dress of the contracting officer; pose of financial assistance under section classification of a product shall be made (iv) A concise and direct statement 7(a) of the Act are increased by twenty- by the Contracting Officer and his deter­ of the reasons why the decision of an five percent (25% ) whenever the concern mination shall be final unless appealed Area Administrator, or his delegatee, or maintains or operates a plant, facility, or in the manner provided in § 121.3-6. If Contracting Officer is alleged to be other business establishment within an no standard for an industry, field of op­ erroneous; Area of Substantial Unemploment or Re­ eration or activity (e.g., animal specialty; (v) Documentary evidence in support development Area and agrees to use the fin fish; anthracite mining; manage­ of such allegations; and financial assistance within such area or, ment-logistics support to be performed (vi) Action sought by the appellant. if it does not maintain or operate a outside of the several States, Common­ (c) Notice to interested parties. The plant, facility, or other business estab­ wealth of Puerto Rico, Virgin Islands, or Size Appeals Board shall promptly ac­ lishment within an Area of Substantial the Ditsrict of Columbia) has been set knowledge receipt of the notice of appeal Unemployment or Redevelopment Area, forth in this section, a concern bidding and shall send a copy of such notice of agrees to utilize the financial assistance on a Government contract is a small

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6179 business if, including its affiliates, it is the preceding calendar year was less for testing and its number of employees independently owned and operated, is than five percent (5%) of the total value does not exceed 500 persons. not dominant in the field of operation of all such cars manufactured or pro­ (e) Services. Any concern bidding on in which it is bidding on Government duced in the United States during the a contract for services, not elsewhere contracts, and has 500 employees or less. said period, and (iii) the value of the defined in this section, is classified as (a) Construction. Any concern bid­ principal products which it manufac­ small if its average annual sales or re­ ding on a contract for work which is tured or otherwise produced or sold dur­ ceipts for its proceeding three (3) fiscal classified in Division C, Contract Con­ ing the preceding calendar year is less years do not exceed $1 million. struction of the Standard Industrial than ten percent (10%) of the total value (1) Any concern bidding on a con­ Classification Manual, as amended, of such product manufactured or other­ tract for engineering services other than prepared and published by the Bureau of wise produced or sold in the United marine engineering services is classified the Budget, Executive Office of the Pres­ States during said period. as small if its average annual sales or ident, is: (c) Nonmanufacturing. [Reserved] receipts for its preceding three (3 ) fiscal (1) Small if its average annual re­ years do not exceed $5 million. ceipts for its preceding 3 fiscal years do Note: O n A pril 5,1963, there was published in th e F ederal R egister (28 F.R. 3358) a (2) Any concern bidding on a con­ not exceed $7 J/2 million. proposed new definition of a small business tract for motion picture production or (2) Small if it is bidding on a con­ nonmanufacturer. Interested persons were motion picture services is classified as tract for dredging and its average an­ requested to file written comments. The small if its average annual sales or nual receipts for its preceding 3 fiscal comments filed suggested the need for fur­ receipts for its preceding three (3) fiscal years do not exceed $5 million. ther study of the proposal. Until such time years do not exceed $5 million. (b) Manufacturing. Any concern as a new definition of a small business non­ (3) Any concern bidding on a contract bidding on a contract for a product it manufacturer is adopted, the following manufactured is classified: definition shaU be applicable: for janitorial and custodial services is (1) As small if it is bidding on a Any concern which submits a bid or offer classified as small if its average annual contract for food canning and preserv­ in its own name, other than on a construc­ sales or receipts for its preceding three ing and its number of employees does tion or service contract, but which proposes (3) fiscal years do not exceed $3 million. to furnish a product not manufactured by (4) Any concern bidding on a con­ not exceed 500 persons, exclusive of ag­ said bidder or offerer, is deemed to be a small tract for base maintenance is classified ricultural labor as defined in section (k) business concern when: of the Federal Unemployment Tax Act, as small if its average annual sales or re­ (1) It is a small business concern within ceipts for its preceding three (3) fiscal 68A Stat. 454, 26 U.S.C. (I.R.C. 1954) the meaning of paragraph (a) of this section years do not exceed $5 million. 3306. % • (its number of employees does not exceed 500 p e r so n s), and (5) Any concern bidding on contracts (2) As small if it is bidding on a for marine cargo handling services is contract for a product classified within (2) In the case of .Government procure­ an industry set forth in Schedule B of m ent reserved for or involving the preferen­ classified as small if its annual sales or this part and its number of employees tial treatment of small businesses, such receipts do not exceed $5 million for the does not exceed the size standard estab­ nonmanufacturer shall furnish in the per­ preceding three (3) fiscal years. lished for that industry. formance of the contract the products of a (6) Any concern bidding on a con­ small business manufacturer or producer tract for naval architectural and marine (3) As small if it is bidding on a con­ which products are manufactured or pro­ engineering services is classified as small tract for a product classified within an duced in the United States; provided, how­ if its average annual sales or receipts for industry not set forth in Schedule B of ever, if the goods to be furnished are woolen, this part and its number of employees worsted, knitwear, duck, and webbing, deal­ its preceding three (3) fiscal years do 1 does not exceed 500 persons. ers and converters shall furnish such prod­ not exceed $6 million. (4) As small if it is bidding on a con­ ucts which have been manufactured or (f) Transportation. Any concern tract for pneumatic tires within Census produced by a small weaver (small knitter bidding on a contract for passenger or Classification Codes 30111 and 30112: for knitwear), and, if finishing is required, freight transportation, not elsewhere de­ Provided, That (i) the value of the pneu­ by a small finisher. If the procurement is fined in this section, is classified: for thread dealers and converters shall fur­ (1) As small if its number of em­ matic tires within Census Classification nish such products which have been finished Codes 30111 and 30112 which is manu­ by a small finisher. (Finishing of thread is ployees does not exceed 500 persons. factured in the United States during defined as all “dyeing, bleaching, glazing, (2) As small if it is bidding on a con­ the preceding calendar year is more than mildew proofing, coating, waxing, and other tract for air transportation and its num­ 50 percent of the value of its total world­ applications required by the pertinent speci­ ber of employees does not exceed 1,000 wide manufacture, (ii) the value of the fications, but excluding mercerizing, spin­ persons. pneumatic tires within Census Classifi­ ning, throwing, or twisting operations.”) (3) As small if it is bidding on a con­ cation Codes 30111 and 30112 which it If the procurement is for a refined petro­ tract for either trucking (local and long­ manufactured worldwide during the pre­ leum product, other than a product classified distance) , warehousing, packing, and in Standard Industrial Classification Indus­ crating, and/or freight forwarding, and ceding calendar year was less than five tries No. 2951, Paving mixtures and blocks,- percent (5%) of the value of all such No. 2952, Asphalt felts and coatings; No. its annual receipts do not exceed $3 tires manufactured in the United States 2992, Lubricating oils and greases; or No. million. during said period, and (iii) the value 2999, Products of petroleum and coal, not (g) Refined petroleum products. Any of the principal products which it manu­ elsewhere classified; paragraph (g) of till« concern bidding on a contract for a re­ factured or otherwise produced or sold section is for application. fined petroleum product other than a worldwide during the preceding calendar (d) Research, development, and test­product classified in Standard Indus­ year is less than ten percent (10%) of’ ing. Any concern bidding on a contract trial Classification Industries No. 2951, the total value of such products manu­ for research, development, and/or testing Paving mixture and blocks; No. 2952, factured or otherwise produced or sold is classified: Asphalt felts and coatings; No. 2992, in the United States during said period. Lubricating oils and greases; or No. 2999, (1) As small if it is bidding on a con­ Products of petroleum and coal, not else­ (5) As small if it is bidding on a con­tract for research and/or development tract for passenger cars within Census where classified; is classified as small if which requires delivery of a manufac­ ( ) (i) its number of employees does not Classification Code 37171: Provided, tured product and (i) it qualifies as a 1 That (i) the value of the passenger cars exceed 1,003 persons; (ii) it does not have small business manufacturer within the more than 30,000 barrels-per-day crude within Census Classification Code 37171 meaning of paragraph (b) of this section which it manufactured or otherwise pro­ oil or bona fide feed stock capacity from for the industry into which the product owned or leased facilities; and (iii) the duced in the United States during the is classified, or (ii) it qualifies as a small preceding calendar year is more than product to be delivered in the perform­ business nonmanufacturer within the ance of the contract will contain at least fifty percent (50%) of the value of its meaning of paragraph (c) of this total worldwide manufacture or produc- 90 percent components refined by the section. bidder from either crude oil or bona fide tl0n ?f such passenger cars, (ii) the value (2) As small if it is bidding on a con­ of the passenger cars within Census feed stocks: Provided, however, That a tract for research and/or development petroleum refining concern which meets Classification Code 37171, which it man­ which does not require delivery of a ufactured or otherwise produced during the requirements in subdivisions (i) and manufactured product or on a contract (ii) of this subparagraph may furnish FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6180 RULES AND REGULATIONS the product of a refinery not qualified - (ii) Is independently owned and oper­ receipts do not exceed $5 million for the as small business if such product is ob­ ated; preceding 3 fiscal years. tained pursuant to a bona fide exchange (iii) Is not dominant in its field of (b) Manufacturing. Any manufac­ agreement, in effect on the date of the operation; and turing concern is classified: bid or offer, between the bidder or (iv) Together with its affiliates, its (1) As small if its number of em­ offeror and the refiner of the product to number o f. employees does not exceed ployees does not exceed 250 persons; be delivered to the Government which 500 persons. (2) As large if its number of em­ requires exchanges in a stated ratio on (2) In the case of Government sales of ployees exceeds 1,500 persons; a refined petroleum product for a refined timber reserved for or involving prefer­ (3) Either as small or large depend­ petroleum product basis, and precludes ential treatment of small businesses, ing on its industry and in accordance a monetary settlement, and that the when the Government timber being pur­ with the employment size standards set products exchanged for the products chased is to be resold, a concern is a small forth in Schedule “A” of this part, if its offered and to be delivered to the business when: number of employees exceeds 250 per­ Government meet the requirement in (i) It is a small business within the sons, but not more than 1,500 persons; subdivision (iii) of this subparagraph: meaning of subparagraph (1) of this (4) As small if it is primarily engaged And, provided further, That the ex­ paragraph, and in the food canning and preserving in­ change of products for products to be (ii) It agrees that it will not sell more dustry and its number of employees does delivered to the Government, will be than thirty percent (30%) of such tim­ not exceed 500 persons exclusive of agri­ completed within 90 days after expira­ ber to a concern which does not qualify cultural labor as defined in subsection tion of the delivery period under the under subparagraph (1) of this para­ (k) of the Federal Employment Tax Act, Government contract; or (2) its number graph as a small business, unless an 68A Stat. 454, 26 U.S.C. (I.R.C. 1954) of employees does not exceed 500 persons exemption is granted on sales of mixed 3306. and the product to be delivered to the stumpage of hardwood and softwood (c) Retail. Any retailing concern is Government has been refined by a con­ species. classified: cern which qualifies under subparagraph (3) In the case of Government sales (1) As small if its annual sales do not (1) of this paragraph. reserved for or involving preferential exceed $1 million; § 121.3—9 Definition of small business treatment of small businesses, when the (2) As small if it is primarily engaged for sales of Government property. Government timber purchased is not to in making retail sales of groceries and be resold in the form of saw logs to be fresh meats and its annual sales do not In the submission of a bid or proposal manufactured into lumber and timbers, exceed $5 million. for the purchase of Government-owned a concern is a small business when: (3) As small if it is primarily engaged property, a concern which meets the in making retail sales of new or used criteria provided in this section may (i) It meets the criteria contained in subparagraph (1) of this paragraph, and motor vehicles and its annual sales do represent that it is a small business. (ii) It agrees that in manufacturing not exceed $3 million; In the absence of a written protest or lumber or timbers from such saw logs cut (4) As small if it is primarily engaged other information which would cause from the Government timber, it will do so in the operation of a department store him to question the veracity of the self- only with its own facilities or those of and its annual sales do not exceed $2 certification, the contracting officer shall concerns that qualify under subpara­ million; accept the self-certification at face value graph (1) of this paragraph as a small (5) As small if it is primarily engaged for the particular sale involved. business. in making retail sales of aircraft and its (a) Sales of Government-owned prop­ annual sales do not exceed $3 million. erty other than timber. A small busi­ § 121.3—10 Definition of small business (d) Services. Any service concern is ness concern for the purpose of the sale for SBA loans. classified: of Government-owned property, other A small business concern for the pur­ (1) As small if its annual receipts do than timber, is a concern, including its pose of receiving a SBA loan is a concern, not exceed $1 million; affiliates, which is independently owned including its affiliates, which is inde­ (2) As small if it is primarily engaged and operated, is not dominant in its field pendently owned and operated, is not in the hotel and motel industry and its of operation, and can further qualify dominant in its field of operation, and annual receipts do not exceed $2 million; under the following criteria: can further qualify under the criteria (3) As small if it is primarily engaged (1) Manufacturers. Any concern set forth below. A concern which is a in the power laundry industry and its which is primarily engaged in manufac­ small business under § 121.3-8 which has annual receipts do not exceed $2 million; turing is small if its number of employees applied for or received a Certificate of (4) As small if it is primarily engaged does not exceed 500 persons: Provided, Competency is a small business eligible in the trailer court and parks industry however, That a concern primarily en­ for a SBA loan to finance the contract and its annual receipts do not exceed gaged in SIC Industry 2911, Petroleum covered by the Certificate of Competency. $100,000; Provided, That a minimum of refining, is small if its number of em­ If no standard for an industry, field of fifty percent (50%) of the annual ployees does not exceed 1,000 persons operation, or activity has been set forth receipts is derived from the rental of and it does not have more than 30,000 in this section, a concern seeking a size space to tourist trailers for periods not in barrels-per-day crude-oil capacity from determination shall submit SBA Form excess of thirty (30) days; owned or leased facilities. 355 to the Associate Administrator for (5) As small if it is primarily engaged (2) Other than manufacturers. Any Procurement and Management Assist­ in owning and operating a hospital and concern which is primarily not a manu­ ance, Washington, D.C. 20416. If an ap­ its capacity does not exceed 150 beds (ex­ facturer (except as specified in subpara­ plicant for a SBA loan is engaged in cluding cribs and bassinets); graph (3) of this paragraph) is small if the production of a number of products (6) As small if it is primarily engaged its annual sales or annual receipts for its or the providing of a variety of services in owning and operating a convalescent preceding 3 fiscal years do not exceed $5 or other activities which are classified or nursing home and its annual receipts million. into different industries, the appropriate do not exceed $1 million; (3) Stockpile purchasers. Any con­ standard to be used is that which has (7) As small if it is primarily engaged cern primarily engaged in the purchase been established for the industry in in owning and operating a medical or of materials which are not domestic which it is primarily engaged. An appli­ dental laboratory and (i) it is operated products is small if its average annual cant’s primary industry is that which in connection with an eligible propri­ sales or annual receipts for its preceding produced the greatest percentage of gross etary hospital or (ii) it is not operated 3 fiscal years do not exceed $25 million. sales or receipts for the past fiscal year. in connection with an eligible proprietary (b) Sales of Government-owned tim­ When computing the size status of an hospital and its annual receipts do not ber. (1) In connection with the sale of applicant, its affiliates’ number of em­ exceed $1 million; Government-owned timber a small busi­ ployees, annual sales or receipts, or other (8) As small if it is primarily engaged ness is a concern that : applicable standards shall be included. in the motion picture production indus­ (i) Is primarily engaged in the logging (a) Construction. Any construction try and its annual receipts do not exceed or forest products industry; concern is small if its average annual $5 million;

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6181 (9) As small if it is primarily engaged be considered a small business concern in the motion picture services industry eoncern manufacturing the timber into if, including its affiliates, its number of lumber or timbers. and its annual receipts do not exceed $5 employees does not exceed 500 persons. million. (b) Any concern in connection with Effective date. This revision shall be­ (e) Shopping centers. (1) Any con­ subcontracts exceeding $2,500 which re­ come effective upon publication in the cern primarily engaged in operating late to Government procurements will F ed e r a l R e g is t e r . shopping centers is small if (i) it does be considered a small business concern if Dated: April 10,1967. not have assets exceeding $5 million, it qualifies as such under § 121.3-8: Pro­ (ii) it does not have net worth in ex­ vided, however. Until a definition of a B e r n a r d L . B o u t i n , cess of $2% million, (iii) it does not have small business nonmanufacturer is Administrator. an average net income, after Federal in­ adopted under § 121.3—8 (c), a nonmanu­ Schedule A—E mployment Size Standards for C on­ come taxes, for the preceding 2 fiscal facturer will be considered as small busi­ cerns P rimarily E ngaged in Manufacturing . years in excess of $250,000 (average net ness for the purpose of Government sub­ (The following size standards are to be used when de­ income to be computed without benefit contracting if, including its affiliates, its termining the size status of applicants for SBA busi­ of any carryover loss), and (iv) it does number of employees does not exceed ness loans, displaced business loans, economic oppor­ not lease more than twenty-five percent 500 persons. tunity loans, and as alternate standards for sections (25%) of the gross leasable area to con­ SOI and 602 loans, and SBIC assistance) cerns which do not meet the small busi­ § 121.3—13 Definition of small business for receiving priority payment under Census Employ­ ness definitions contained in this section. classifi­ section 213(a) of the War Claims ment size (2) For the purpose of size determina­ cation Industry or class of products standard tions, shopping center operators will not Act of 1948, as amended. code (number of be considered affiliated with their ten­ (a) Small business claimant. A small employees)* ants merely because of lease agreements. business claimant for the purpose of re­ Major Group 23—Apparel and (f) Transportation and warehousing. ceiving priority payment from the Sec­ Related Products (except Any concern primarily engaged in pas­ retary of the Treasury under section 213 Men's dress shirts and night­ wear) ______250 senger and freight transportation or (a) of the War Claims Act of 1948, as 2321 Men’s dress shirts and n ig h t" warehousing is classified: amended, is a concern which on the date wear______600 Major Group 28—Chemicals and (1) As small if its annual Receipts do of loss, damage, or destruction was a Allied Products: not exceed $1 million; small business concern within the mean­ 2879 Agricultural chemicals, n.e.c... 600 (2) As small if it is primarily engaged ing of § 121.3-10 in effect on October 22, 2873 Agricultural pesticides______600 2812 Alkalies and chlorine_____ .... 1,000 in the air transportation industry and its 1962 (27 F.R. 9757). 2831 Biological products. ______260 number of employees does not exceed (b) Request for size determination. 2896 Carbon, black______600 2823 Cellulose man-made fibers___ ! 1,000 1,000 persons; /■;. (1) Requests for size determinations 2899 Chemicals and chemical prep­ (3) As small if it is primarily engaged shall be accepted only from the Foreign arations, n.e.c______260 *2814 Cyclic (coal tar) crudes....__ _ 600 in the storage of grain, it does not have Claims Settlement Commission of the 2815 Dyes, dye (cyclic) intermedi­ more than 1 million bushels capacity in United States. ates, and organic pigments (2) Determinations of the size status (lakes and toners)______760 owned and leased facilities, and its an­ 2892 Explosives______..... ____ _ 760 nual receipts do not exceed $1 million; of a claimant shall be made either by the 2894 Fatty acids______™ 600 (4) As small if ifis primarily engaged Associate Administrator for Procurement 2871 Fertilizers______... ____ 500 2872 Fertilizers, mixing only______500 in trucking, warehousing, packing and and Management Assistance or, in the 2891 Glue and gelatin_____ ,______260 crating and/or freight forwarding and case of claimants residing within the 2861 Gum and wood chemicals____ 600 2813 Industrial gases..______1,000 its annual receipts do not exceed $3 mil­ • United States, by the SBA Regional Di­ 2819 Industrial Inorganic chemi­ lion. 4 rector for the region in which the claim­ cals, n.e.c______750 ant resides and, in the case of claimants 2818 Industrial organic chemicals, (g) Wholesale. Any wholesaling con­ n.e.c______1,000 cern is small if its annual sales do not residing in foreign countries, by the SBA 2816 Inorganic pigments______1,000 exceed $5 million. Any wholesaling con­ Regional Director in Washington, D.C. 2833 Medicinal chemicals and bo­ tanical products___ ...... i 760 cern^ also engaged in manufacturing is § 121.3—14 Interpretations. 2861 Paints, varnishes, lacquers, not a “small business concern” unless it and enamels..______... 260 (a) Section 121.3-2(b) of Part 121, 2844 Perfumes, cosmetics, and other so qualifies under both the manufactur­ toilet preparations______600 ing and wholesaling standards. “Annual Sales or Annual Receipts.” 2834 Pharmaceutical preparations... 760 When computing annual sales or annual 2821 Plastics materials, synthetic § 121.3—11 . Definition of small business resins, and nonvulcanizable receipts, intercompany transactions be­ • elastomers______for assistance by small business in­ 760 tween affiliated concerns are excluded. 2893 Printing ink. ^______250 vestment companies or by develop­ To include such inter-company transac­ 2862 Putty, calking compounds, ment companies. and allied products______260 tions in effect would mean that the re­ 2841 Soap and other detergents, ex­ cept specialty cleaners____ ... 760 A small business concern for the pur­ ceipts of a concern, including. its affili­ 2842 Speciality cleaning, polishing, pose of receiving financial or other as­ ates, would be counted more than once. and sanitation preparations, sistance from small business investment (b) Section 121.3-9(b) of Part 121, except soap ana detergents__ 600 2843 Surface active agents, finishing companies or development companies is “Sales of Government-Owned Timber.” agents, sulfonated oils and a concern which: Any concern which self-certifies as a assistants______260 2824 Synthetic organic fibers, ex­ (a) Together with its affiliates, is in­ small business concern for the purpose of cept cellulosic______1,000 dependently owned and operated, is not the sale of Government-owned timber 2822 Synthetic rubber (vulcanizable elastomers)______. . . __ 1,000 dominant in its field of operation, does is expected to maintain sufficient docu­ Major Group 36—Electrical not have assets exceeding $5 million, mentary evidence to show that i t did so Machinery, Equipment, and does not have pet worth in excess of $2 y2 in good faith. This means that a con­ Supplies: 3624 Carbon and graphite products. 760 million, and does not have an average net cern which sells more than 30 percent 3672 Cathode ray picture tu b es...... 750 income, after Federal income taxes, for (30%) of the purchased timber will have 3643 Current carrying wiring devices...______... 600 the preceding 2 years in excess of $250,- to maintain the names and addresses of 3634 Electric housewares and fans 760 000 (average net income to be computed the concerns to whom the timber is sold 3641 Electric lamps______1,000 and the size status of such concerns, 3611 Electric measuring instru­ without benefit of any carryover loss); ments and test equipment..! 600 or unless an exemption has been granted on 3619 Electric transmission and dis­ sales of mixed stumpage of hardwood tribution equipment, n.e.c__ 600 (b) Qualifies as a small business con­ 3694 Electrical equipment for cern under § 121.3-10. and softwood species. Further, if the internal combustion engines.. 760 timber purchased is not to be resold 3629 Electrical industrial apparatus, § 121.3—12 Definition of small business n.e.c______.... 600 Government subcontractors. in the form of saw logs, but is to be 3699 Electrical machinery, equip­ manufactured into lumber and timber by ment and supplies, n.e.c____ 600 (a) Any concern in connection with 3679 Electronic components and a concern other than the bidder, the accessories, n.e.c_____ ...... 600 subcontracts of $2,500 or less which re­ bidder must maintain records to show 3639 Household appliances, n .e .c .... 600 late to Government procurements will the name, address and size status of the See footnotes at end of table.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6182 RULES AND REGULATIONS

Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for C on­ cerns P rimarily E ngaged in Manufacturing—Con. cerns P rimarily E ngaged in Manufacturing—Con. cerns P rimarily E ngaged in Manufacturing—Con. Employ­ Employ­ Census Employ­ Census Census ment size classifi­ ment size classifi­ ment size classifi­ Industry or class of products standard standard cation Industry or class of products standard cation cation Industry or class of products (number of code (number of code (number of code employees)1 employees)1 employees)1

Major Group 35—Continued Major Group 36—Continued Major Group 20—Continued Cane sugar, except refining Automatic merchandising ma­ 3631 Household cooking equipment 750 chines ...... —------250 3633 Household laundry equipment 1,000 only...... —------250 Cane sugar refining..------750 3562 Ball and roller bearings....—. •750 3632 Household refrigerators and 2062 Blowers, exhaust and ventilat­ home and farm freezers— ,— 1,000 2031 Canned and cured seafoods----- 250 3564 Canned fruits, vegetables, pre­ ing fan s..------:----- 3635 Household vacuum cleaners— 750 2033 Commercial laundry, dry- 3622 Industrial controls___ . ___ — 750 serves, jams, and jellies.;____ 500 3582 2032 Canned specialities------.... 1,000 cleaning, and pressing ma­ 3642 Lighting fixtures___-______250 chines------—— ; 250 Motors and generators------1,000 2043 Cereal preparations------1,000 3621 500 Computing and accounting 3644 Noncurrent carrying wiring 2073 Chewing gum------machines, including cash devices______------— 500 2072 Chocolate and cocoa products.. 500 Condensed and evaporated registers.______1,000 3652 Phonograph records..------~ 750 2023 Construction machinery aind 3612 Power, distribution and milk____ — ------500 3531 specialty transformers...... 750 2091 Cottonseed oil mills____ 250 equipment------, 750 250 3535 Conveyors and conveying Primary batteries, dry and 2021 Creamery butter______~ 250 1,000 2085 Distilled, rectified, and equipment______— w et.___ ------— 750 Elevators and moving stair­ 3651 Radio and television receiving blended liquors------;r ' 500 sets, except communication Dried and dehydrated fruits ways—. ------— and vegetables------500 Farm machinery and equip­ types___ .... ------—— — ment______:------500 3671 Radio and television receiving 2087 Flavoring extracts and flavor­ ing sirups, n.e.c______500 3551 Food products machinery^------250 type electron tubes, except General industrial machinery cathode ray___ —------— 1,000 2041 Flour and other gram mill 3569 products______— 500 and equipment, n.e.c------250 3662 Radio and television trans­ 500 3536 Hoists, industrial cranes, and mitting—signaling, and 2026 Fluid milk______— 500 detection equipment, and 2099 Food preparations, n.e.c.------250 monorail systems______20991 Desserts (ready-to-mix)..,------500 3565 Industrial patterns------* 250 apparatus2.______Industrial process furnaces and Radiographic X-ray, Fluoro­ 20994 Baking powder and yeast------500 3567 2036 Fresh or frozen packaged fish— 250 ovens______:------—— 250 scopic X-ray, therapeutic X- Industrial trucks, tractors, ray, and other X-ray appara­ 2037 Frozen fruits, fruit juices, 3537 vegetables, and specialities__ 500 trailers, and stackers___—— 250 tus and tubes______500 Internal combustion engines, 3636 Sewing machines______—— 750 2094 Grease and tallow______250 500 2024 Ice cream and frozen desserts_ 500 n.e.c------1,000 3601 Storage batteries______3591 Machine shops, jobbing and re­ 3613 Switchgear and switchboard 2098 Macaroni, spaghetti, vermi­ " 250 750 celli, and noodles______... 250 pair__ ——s------•— apparatus______&£------250 3545 Machine tool accessories and 3661 Telephone and telegraph ap­ 2083 Malt...... 250 2082 Malt liquors______500 measuring devices------H paratus______;------1,000 35452 Precision-measuring to o ls..---- 3673 Transmitting, industrial, and 2097 Manufactured ice______250 b 500 Meatpacking plants______: 500 3541 Machine tools, metal cutting special purpose electron 2011 types..— — -----—------500 tubes...______— 750 2022 Natural cheese______250 2035 Pickled fruits and vegetables; 3542 Machine tools, metal forming 3623 Welding apparatus. , . _____ — 250 types...... 500 Major Group 34—Fabricated vegetable sauces and sea­ sonings; salad dressings------250 Machinery and parts, except Metal Products, Except electrical, n.e.c______— - — 250 Ordnance, Machinery, and 2015 Poultry and small game dress­ ing and packing, wholesale... 250 3586 Measuring and dispensing Transportation Equipment: pumps______:------C 500 3449 Architectural and miscella­ 2042 Prepared feeds for animals and 250 fowls______250 3566 Mechanical power transmis- . neous metal work______250 sion equipment, except ball 3452 Bolts, nuts, screws, rivets and 2044 Rice m illing...______—— 500 2013 Sausage and other prepared and roller bearings------washers.— ______500 3548 Metalworking machinery, 3479 Coating, engraving, and allied meat products_...... — R 600 250 2096 Shortening, table oils, marga­ except machine tools------... services, n.e.c______3532 Mining machinery and equip­ 3496 Collapsible tubes______250 rine, and other edible fats 500 and oils, n .e.c..______750 ment, except oilfield ma­ 3421 C utlery...------500 chinery and equipment------500 3471 Electroplating, plating, polish­ 2092 Soybean oil mills______500 250 2025 Special dairy products------¿s* 250 3579 Office machines, n .e.c..------—. ing, anodizing, and coloring.. 3533 Oilfield machinery and equip­ 3431 Enameled iron and metal sani­ 2093 Vegetable oil mills, except 500 cottonseed and soybean____ 1,000 ment______tary ware______750 3554 Paper industries machinery... 250 3499 Fabricated metal products, 2046 Wet corn milling______3 750 Wines, brandy, and brandy 3555 Printing trades machinery n.e.c___ l ______250 2084 and equipment------Fabricated pipe and fabricated spirits..______:------250 Major Group 25—Furniture and Pumps, air and gas compres­ pipe fittings------250 sors, and pumping equip­ 3443 Fabricated platework (boiler Fixtures: 600 250 2599 Furniture and fixtures, n.e.c. . 250 ment______i------shops)______— 250 3585 Refrigerators; refrigeration 3441 Fabricated structural steel------250 2519 Household furniture, n.e.c----- Mattresses and bedsprings------250 machinery, except house­ 3423 Hand and edge tools, except 2515 hold; and complete air-con­ machine tools and hand 2514 Metal household furniture------250 750 2522 Metal office furniture------500 ditioning un its..— . — ----- saws______250 3576 Scales and balances, except 3425 Hand saws and saw blades------250 2542 Metal partitions, shelving, 250 250 lockers, and office and store laboratory______;------3429 Hardware, n .e.c...______250 3589 Service industry machines, 3433 Heating equipment, except fixtures______— 250 500' 2531 Public building and related n.e.c_____...______electric______.------250 3544 Special dies and tools, die sets, 3411 Metal cans___ I.______— L000 furniture______260 2591 Venetian blinds and shades----- 250 jigs, and fixtures______3442 Metal doors, sash, frames, 3559 Special industry machinery, molding, and trim------— 250 2511 Wood household furniture, ex­ 250 cept upholstered______250 me.c______------3497 Metal foil and leaf------500 3511 Steam engines; steam, gas, and 3491 Metal shipping barrels, drums, Wood household furniture, 500 upholstered...______250 hydraulic turbines; and kegs, and pails------250 steam, gas, and hydraulic 3461 Metal stam pings..------250 2521 Wood office furniture...___ ... 1,000 2541 Wood partitions, shelving, turbine generator set units. 3481 Miscellaneous fabricated wire 3552 Textile machinery___ ....— 250 products______250 lockers, and office and store 1,000 fixtures______— ------3572 Typewriters______3432 Plumbing fixture fittings and 3584 Vacuum cleaners, industrial- 250 trim (brass goods)— ------500 Major Group 31—Leather and 3553 woodworking machinery------250 3492 Safes and vaults______500 Products: Major Group 39—Miscellaneous 3451 Screw machine products------250 3131 Boot and shoe cut stock and Manufacturing Industries: 3444 Sheet metal w o r k ...______250 findings...... ------250 3981 Brooms and brushes______250 3493 Steel springs____ a------500 3141 Footwear, except house slippers 3963 Buttons------250 3494 V alves and pipe fittings, except and rubber footwear______500 3984 Candles______—------250 plumbers^ brass goods------250 3955 Carbon paper and inked rib­ Major Group 20—Food and 3142 House slippers.___ ------250 3121 Industrial leather belting and bons___ 4 — ------Kindred Products: packing— — ------3943* Children’s vehicles, except 2095 Animal and marine fats and bicycles------.1------250 oils, except grease and tallow. 250 3151 Leather dress, semidress, and work gloves...______250 3961 Costume jewelry and costume 2063 Beet sugar___ -'------750 novelties, except precious 750 3199 Leather goods, n.e.c_____ 250 ' 250 2052 Biscuit, crackers, and pretzels.. 250 metal______— 2045 Blended and prepared flour.... 500 3111 Leather tanning and finishing.. 250 Luggage...... — ------—...... — 250 3942 Dolls------2086 Bottled and canned soft drinks 3161 Feathers, plumes, and artifi­ 250 3172 Personal leather goods, except 3962 250 and carbonated waters------250 cial flowers______2051 Bread and other bakery prod­ handbags and purses...— — 250 3171 Women’s handbags and purses. 250 3992 F urs, dressed and dyed------ucts, except biscuit, crackers, 3941 Games and toys, except dolls and pretzels______250 Major Group 24—Lumber and 250 Products, Except Furniture.. and children’s vehicles------2071 Candy and other confectionery 3912 Jewelers’ findings and ma­ products______— ------250 Major Group 35 — Machinery, 250 Except Electrical: terials...... ______— See footnotes at end of table.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6183

Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for C on­ cerns P rimarily E ngaged in Manufacturing—Con. cerns P rimarily E ngaged in Manufacturing—Con. cerns P rimarily E ngaged in Manufacturing—C on.

Census Employ­ Census Employ- classifi­ Census Employ­ ment size classili- ment size classifi­ ment size cation Industry or class of products standard cation Industry or dass of products standard code cation Industry or class of products standard (number of code (number of code (number of employees)1 employees)1 employees)1

Major Group 39—Continued Major Group 33—Continued 3911 Major Group 22—Textile Mill Jewelry, precious metal____ ... 250 3332 ' Primary smelting and refining Products: 3987 Lamp shades______250 of lead______3913 1,000 2295 Artificial leather, oilcloth, and Lapidary work and cutting 3339 Primary smelting and refining other impregnated and and polishing diamonds____ 250 of nonferrous metals, n.e.c... 750 3952 Lead pencils, crayons, and coated fabrics except rubber­ 3333 Primary smelting and refining ized______250 artists’ m aterials..._____ ... 250 ofzinc 750 2211 3982 Linoleum, asphalted-felt base, Broad-woven fabric mills, 3352 Rolling, drawing, and extrud­ cotton______1,000 and other hard surface floor ing of aluminum______750 2221 Broad-woven fabric mills, coverings, n.e.c..___'.___ .... 750 3351 Rolling, drawing, and extrud­ 3999 man-made fiber and silk____ 500 Manufacturing industries, ing of copper______750 2231 Broad-woven fabric mills, n.e.c.....*;.:______250 3356 Rolling, drawing, and extrud­ 3953 Marking devices_____ ...... wool: including dyeing and 250 ing of nonferrous metals, finishing______r.______250 3983 Matches...-_~m____...... 500 except copper and aluminum 750 3988 Morticians’ goods______.... 2279 Carpets, rugs, and mats, n.e.c.. 600 250 3341 Secondary smelting, refining, 2298 Cordage and twine______250 3931 Musical instruments and parts. 500 and alloying of nonferrous 2269 3964 Needles, pins, hooks and eyes, Dyeing and finishing textiles, metals and alloys______250 n.e.c______250 and similar notions______... 250 3323 Steel foundries______600 2291 Felt goods, except woven felts 3951 Pens, pen points, fountain 3317 Steel pipe and tubes______1,000 and hats______250 pens, ball point pens, me­ 3315 Steel wire drawing and steel 2261 Finishers of broad-woven chanical pencils and parts___ 500 nails and spikes______3993 1,000 fabrics of cotton ...... 500 Signs and advertising displays.. 250 Major Group 27—Printing and 2262 Finishers of broad-woven 3914 Silverware and plated ware___ 500 Publishing Industries _. _ _ _. 250 3949 Sporting and athletic goods, fabrics of man-made fiber Major Group 38—Professional, and silk______500 n.e.c______250 Scientific and Controlling 2251 3995 - Umbrellas, parasols, and canes. Full-fashioned hosiery m ills.... 250 250 Instruments: Photographic 2256 Knit fabric mills______250 Major Group_ 19—Ordnance and and Optical Goods: Watches 2253 Knit outerwear mills______Accessories: and Clocks: 250 1922 2254 Knit underwear mills______250 Ammunition loading and as­ 3822 Automatic temperature con­ 2259 Knitting mills, n.e.c___ ...... sembling______250 trols______250 1929 500 2292 Lace goods______...... 250 Ammunition, n.e.c___i____;___ 250 3843 Dental equipment and supplies 250 2241 Narrow fabrics and other 1921 Artillery am m unition...._____ 250 3811 Engineering, laboratory, and 1911 small-wares mills: cotton, Guns, howitzers, mortars, and scientific and research in­ wool, silk, and man-made related equipment.__. ______250 struments and associated 1999 fiber______. . . 250 Ordnance and accessories, equipment______500 2293 Paddings and upholstery fill­ n .e.c;.______250 3821 Mechanical measuring and 1941 ing...... 250 » Sighting and fire-control equip­ controlling instruments, ex­ 2294 Processed waste and recovered ment— ;______250 cept automatic temperature fibers and flock____ •______1951 Small arms______1,000 250 controls . . _ _ _ . 500 2252 Beamless hosiery mills__.... __ 250 1961 Small arms ammunition______1,000 3851 Opthalmic goods______250 2299 1931 Tanks and tank components__ Textile goods, n.e.c______.... 250 1,000 3831 Optical instruments and lenses. 250 2284 Thread mills.'.______500 Major Group 26—Paper and 3842 Orthopedic, prosthetic, and 2296 Allied Products: Tire cord and fabric______1,000 surgical appliances and sup­ • 2272 Tufted carpets and rugs______' 500 2643 Bags, except textile bags_____ 500 plies ...... 250 2661 2297 Wool scouring, worsted comb­ Building paper and building - 3861 Photographic equipment and ing, and tow to top mills____ board mills______750 supplies______250 2649 500 2271 Woven carpets and rugs______750 Converted paper and paper- 3841 Surgical and medical instru- 2283 Yarn mills, wool, including board products, n .e .c ...... 500 ments and apparatus______250 2653 carpet and rug yarn______... 250 Corrugated and solid-fiber 3872 Watchcases . _ 250 2281 Yarn spinning mills, cotton, boxes____ 1_____ 250 3871 Watches, clocks, and parts 2645 man-made fibers and silk___ 600 Die cut paper and paperboard; except watchcases.;______500 2282 Yarn throwing, twisting, and and cardboard______.... 250 Major Group 30—Rubber and winding mills, cotton, man­ 2642 Envelopes....______..... 250 Miscellaneous Plastics 2655 made fibers and silk______250 Fiber cans, tubes, drums, and Products: Major Group 21—Tobacco Manu­ similar products______250 3069 Fabricated rubber products, 2651. factures: Folding paperboard boxes____ 250 n.e.c______500 2111 Cigarettes______2641 Paper coating and g la zin g ...... 500 3079 Miscellaneous plastics products. 1,000 2621 250 2121 Cigars______500 Paper mills, except building- 3031 Reclaimed rubber______750 2131 Tobacco (chewing and smok­ paper mills.______i____l__; 750 3021 Rubber footwear______2631 1,000 ing) and snuff______600 Paperboard mills______j. 750 3011 Tires and inner tubes...... 1,000 2141 Tobacco stemming and re­ 2646 Pressed and molded pulp . Major Group 32—Stone, Clay. drying.______goods.______...______750 and Glass Products: 500 2611 Major Group 37—Transportation Pulp m ills.....______..'__ ... 750 3291 Abrasive products.______250 Equipment: 2654 Sanitary food containers______750 3292 Asbestos products...... 2652 750 3721 A ir c r a f t ______1,500 Set-up paperboard boxe.s_____ 250 3251 Brick and structural clay tile... 250 3722 2644 Wallpaper______3241 Aircraft engines and engine 250 Cement, hydraulic______750 parts1______1,000 Major Group 29—Petroleum Re­ 3253 Ceramic wall and floor tile____ 500 3729 Aircraft parts and auxiliary fining and Related Indus­ 3255 Clay refractories______250 equipment, n.e.c.*______1,000 tries: 3271 Concrete brick and block...... 250 3723 2952 Asphalt felts and coatin gs...... 3272 Aircraft propellers and propel­ 750 Concrete-products, except ler parts______1,000 2992 Lubricating oils and greases___ 500 block and brick______250 2951 3732 Boat building and repairing.... 250 Paving mixtures and blocks.... ' 250 3281 Cut stone and stone products.. 250 3741 Locomotives and parts______2911 Petroleum refining1______.... 1,000 3263 Fine earthenware (whiteware), 1,000 2999 3717 Motor vehicles and p a r ts* ...... 1,000 Products of petroleum and table and kitchen articles...... 600 3751 Motorcycles, bicycles, and coal, n .e.c..______250 3211 Flat glass______1,000 Major Group 33—Primary metal 3221 parts______500 Glass containers______750 3742 Railroad and street cars______750 Industries: 3231 Glass products, made of 3731 Shipbuilding and repairing____ 3361 Aluminum castings______250 purchased glass______250 1,000 3312 3791 Trailer coaches______; ____ ... 250 Blast furnaces (including coke 3275 Gypsum products....______1,000 3799 Transportation equipment, ovens), steel works, and 3274 Lime______500 n .e .c ...______rolling mills___;______1,000 3296 Mineral wool______750 250 3362 3713 Truck and bus bodies______250 Brass, bronze, copper, copper 3295 Minerals and earths, ground 3715 Truck trailers____!______base alloy, castings__.'______250 or otherwise treated______250 500 3316 Cold rolled sheet, strip and 3297 Nonclay refractories...... 750 bars.— . . . I ____...... _____ 1,000 3299 Nonmetallic mineral products, 1 The “number of employees” means the average em­ 3357 Drawing and insulating of n.e.c...... 250 3264 ployment of any concern and its affiliates based on the nonferrous w ire....____~____ 1,000 Porcelain electrical supplies___ 500 number of persons employed during the pay period 3313 Electrometallurgical products. . 750 3269 Pottery products, n.e.c__ _ .. 250 3321 ending nearest the last day of the third month in each Gray iron foundries____5_____ 500 3229 Pressed and blown glass and calendar quarter for the preceding 4 quarters. 3391 Iron and steel forgings...___ _ 500 glassware, n.e.c___ _ 750 3322 Malleable iron foundries...___ _ 500 3273 Ready-mixed concrete...... 250 * Guided missile engines and engine parts are classified 3369 Nonferrous castings, n.e.c_____ " 250 3293 Steam and other packing, and in SIC 3722. Missile control systems are classified in 3392 Nonferrous forgings______250 pipe and boiler covering___ 500 SIC 3662. 3399 Primary metal industries, n'.e.c. * 750 3259 Structural clay products, * Together with its affiliates does not employ more 3334 Primary production of alumi­ n.e.c______250 than 1,000 persons and does not have more than 30,000 n u m ....._... ___ ...... 1,000 3261 Vitreous china plumbing fix- barrels-per-day capacity from owned and leased facilities. 3331 Primary smelting and refining tures and china and earth­ * Includes maintenance as defined in the Federal enware fittings and of copper___...... ___ 1,000 Aviation Regulations (14 CFR 1.1) but excludes con­ bathroom accessories. ___ 750 tracts solely for preventive maintenance as defined in Bee footnotes at end of table. 3262 Vitreous china table and 14 CFR 1.1. As defined in the Federal Aviation Regu­ kitchen articles__ .. _ _ __ 500 lations:

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6184 RULES AND REGULATIONS

“ ‘Maintenance’ means inspection, overhaul, repair, Schedule B—Industry E mployment Size Standards Schedule B—Industry E mployment Size Standards preservation, and the replacement of parts, but excludes for the P urpose of Government P rocurement— for the P urpose of Government P rocurement— preventive maintenance. Continued Continued “ ‘Preventive maintenance’ means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly opera­ tions.” Employ­ Employ­ « The three Standard Industrial Classification in­ Census ment size Census ment size dustries (3711, 3712, and 3714) have been combined classi Industry standard classi­ Industry standard because of a major problem of defining the reporting unit fication (number of fication (number of in terms of these industries. This difficulty arises from code employ- code employ- the fact that many large establishments have integrated operations which include the production of parts or bodies and the assembly of complete vehicles at the same location. Major Group 30—Continued Major Group 36—Continued 30111 Passenger car and motor­ 3651 Radio and television receiving Schedule B—I ndustry E mployment Size Standards cycle pneumatic tires sets, except communication for the P urpose or Government P rocurement (casings). . . ; ------types...... 750 30112 Truck and bus (and ofl-the- 3652 Phonograph records______750 MANUFACTURING road) pneumatic tires____ 3661 Telephone and telegraph ap­ 3031 Reclaimed rubber______750 paratus______1,000 3021 Rubber footwear------1,000 3662 Radio and television transmit­ Employ­ Major Group 32—Stone, Clay, ting, signaling, and detection Census ment size and Glass Products: equipment and apparatus 4_ 750 classi­ Industry standard 3211 Flat glass____ —.3------— 1,000 3672 Cathode ray picture tubes— ... 750 (number of 3221 Glass containers------750 3694 Electrical equipment for in­ fication 750 code employ­ 3229 Pressed and blown glass and ternal combustion engines— ees) 1 glassware, n.e.c______750 3692 Primary batteries, dry and w et. 1,000 3241 Cement, hydraulic______750 3671 Radio and television receiving- 3261 Vitreous china plumbing fix­ type electron tubes, except Major Group 19—Ordnance and tures and china and earthen, cathode ray------1,000 Accessories: ware fittings and bathroom 3673 Transmitting, industrial, and Guided missiles and space accessories______750 special purpose electron tubes. 750 vehicles, completely assem­ 3275 Gypsum products______1,000 Major Group 37—Transportation bled__ -v______1,000 3292 Asbestos products______750 Equipment: 1931 Tanks and tank components... 1,000 3296 Mineral wool______- ■ 75 3721 Aircraft5______1,500 1951 Email arms------1,000 3297 Nonclay refractories------750 3722 Aircraft engines and engine 1961 Small arms ammunition___ 1,000 Major Group 33—Brimary Metal parts 4 *_____ .______1,000 Major Group 20—Food and Industries: 3723 Aircraft propellers and pro­ Kindred Products: 3312 Blast furnaces (including coke peller parts______1,000 2026 Fluid milk.______750 ovens), steel works, and 3729 Aircraft parts and auxiliary 2032 Canned specialties______1,000 rolling mills______1,000 equipment, n.e.c.4__..—----- 1,000 2043 Cereal preparations______<----- 1,000 3313 Electrometallurgical products.. 750 3741 Locomotives and parts------1,000 2046 Wet corn milling______750 3315 Steel wire drawing and steel 3717 Motor vehicles and parts *____ 1,000 2052 Biscuits, crackers, and pretzels. 750 nails and spikes______1,000 37171 Passenger cars (knocked 2062 Cane sugar refining______750 3316 Cold rolled sheet, strip and down or assembled)______2063 Beet sugar______750 bars______1,000 3742 Railroad and street cars.;____ I 750 2085 Distilled, rectified, and 3317 Steel pipe and tubes------1,000 3731 Ship building and repairing... 1,000 blended liquors______750 3331 Primary smelting and refining Major Group 39—Miscellaneous 2093 Vegetable oil mills, except of copper..,------1,000 Manufacturing Industries: cottonseed and soybean_____ 1,000 3332 Primary smelting and refining 3982 Linoleum, asphalted-felt-base, 2096 Shortening, table oils, marga­ of lead.______d 1,000 and other hard surface floor rine and other edible fats and 3333 Primary smelting and refining coverings, n.e.c______oils, n.e.c______750 of zinc___ l______*______750 Major Group 21—Tobacco 3334 Primary production of Manufactures: aluminum______1,000 4 The “number of employees” means the average em­ 2111 Cigarettes.______.¿1- 1,000 3339 Primary smelting and refining ployment of any concern and its affiliates based on the Major Group 22—Textile Mill of nonferrous metals, n.e.c---- 750 number of persons employed during the pay period Products: 3351 Rolling, drawing, and ex­ ending nearest the last day of the third month in each 2211 Broad-woven fabric mills, truding of copper----.------750 calendar quarter for the preceding 4 quarters. cotton______1,000 3352 Rolling, drawing, and ex­ 3 The size standard for SIC 2911 is set forth in sec. 2261 Finishers of broad-woven truding of aluminum______760 121.3-8 (g). fabrics of cotton------r------1,000 3356 Rolling, drawing, and ex­ * The size standards for SIC 30111,30112, and 37171 are 2271 Woven carpets and rugs------750 truding of nonferrous metals, set forth in §§121.3-8(b)(4) and 121.3-8(b)(5), respec­ 2295 Artificial leather, oilcloth, and except copper and aluminum. 750 tively, of this part. other impregnated and 3357 Drawing and insulating of 4 Guided missile engines and engine parts are classified coated fabrics, except rub­ nonferrous wire______1,000 in SIC 3722. Missile control systems are classified in berized....-..—______i — 1,000 3399 Primary metal industries, n.e.c. 750 SIC 3662. i „ , ■ „ , 2296 Tire cord and fabric—------1,000 Major Group 34—Fabricated 5 Includes maintenance as defined in the Federal Major Group 26—Paper and Metal Products, Except Aviation Regulations (14 CFR 1.1) but excludes con­ Allied Products: Ordnance, Machinery, and tracts solely for preventive maintenance as defined in 2661 Building paper and building Transportation Equipment: 14 CFR 1.1. As defined in the Federal Aviation Regula­ board mills______750 3411 Metal cans______— 1,000 tions: / 2621 Paper mills, except building 3431 Enameled iron and metal “ ‘Maintenance’ means inspection, overhaul, repair, paper mills______750 sanitary ware______—— 750 preservation, and the replacement of parts, but excludes 2631 Paperboard mills------750 Major Group 35—Machinery, preventive maintenance. 2646 Pressed and molded pulp goods. 750 Except Electrical: ‘“ Preventive maintenance’ means simple or minor 2611 Pulp mills______750 3511 Steam engines; steam, gas, and preservation operations and the replacement of small 2654 Sanitary food containers------750 hydraulic turbines; and standard parts not involving complex assembly op­ Major Group 28—Chemicals and steam, gas, and hydraulic erations.” .... Allied Products: turbine-generated set,units— 1,000 * The three Standard Industrial Classification industries 2812 Alkalies and chlorine______1,000 3519 Internal combustion engines, (3711, 3712, and 3714) have been combined because of a 2823 Cellulose man-made fibers------1,000 n.e.c______1,000 major problem of defining the reporting unit in terms of 2815 Dyes, dye (cyclic) intermedi­ 3531 Construction machinery and these industries. This difficulty arises from thé fact that ates and organic pigments equipment.:______750 many large establishments have integrated operations (lakes and toners)______750 3562 Ball and roller bearings______750 which include the production of parts or bodies and the 2892 - Explosives______750 3571 Computing and accounting assembly of complete vehicles at the same location. 2813 Industrial gases______1,000 machines, including cash 2819 Industrial inorganic chemicals, registers.______—- 1,000 [F.R . D oc. 67-4197; F iled , Apr. 19, 1967; n.e.c______750 3572 Typewriters------1,000 - 8:45 ajn.] 2818 Industrial organic chemicals, 3585 Refrigerators; refrigeration n.e.c______a------1,000 machinery, except house-1 2816 Inorganic pigments______1,000 hold; and complete air- 2833 Medicinal chemicals and conditioning units..-*___ .... botanical products______750 Major Group 36—Electrical 2834 Pharmaceutical preparations... 750 Machinery, Equipment and Title 14— AERONAUTICS AND 2821 ' Plastics materials, synthetic Supplies: resins, and nonvulcanizable 3612 Power, distribution, and elastomers______.— 750 specialty transformers____ 750 SPACE 2841 Soap and other detergents, 3613 Switchgear and switchboard except specialty cleaners____ 750 apparatus______750 Chapter I— Federal Aviation Agency 2824 Synthetic organic fibers, except 3621 Motors and generators______1,000 cellulosic______1,000 3622 Industrial controls______750 [Docket No. 67-SO-2; Arndt. 39-375] 2822 Synthetic rubber (vulcaniz- 3624 Carbon and graphite products. 750 able elastomers)______1,000 3631 Household cooking equipment. 750 PART 39— AIRWORTHINESS Major Group 29—Petroleum Re­ 3632 Household refrigerators and fining and Related Indus­ home and farm freezers_____ 1,000 DIRECTIVES tries: 1 3633 Household laundry equipment 1,000 Asphalt felts and coatings..... 750 3634 Electric housewares and fans... 750 Piper Model PA—25—235 Airplanes Major Group 36—Rubber and 3635 Household vacuum cleaners__ 750 Sewing machines______750 Miscellaneous Plastics 3636 A proposal to amend Part 39 of the Products: , 3641 Electric lamps______1,000 3011 Tires and innertubes______1,000 Federal Aviation Regulations to include See footnotes at end of table. an airworthiness directive requiring the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6185

exhaust muffler assembly be removed and uals or repair facilities. Aircraft log record Chapter I— Federal Aviation Admin­ entry m ust be made to reflect AD compliance a thorough visual inspection of all ex­ istration, Department of Transpor­ haust system parts be conducted on PA- in accordance with PAR 91.173. > (d) The recurrent inspections of the ex­ tation 25-235 airplanes was published in the haust system as required in paragraph (b) F ederal R e g is t e r [Docket No. 8104; Arndt. 39—403] January 26, 1967. above may be discontinued upon installation Interested persons have been afforded of the new improved muffler and exhaust PART 39— AIRWORTHINESS an opportunity to participate in the mak­ stack clamps included in muffler installation ing of the amendment. One comment kit, Piper Part No. 753-753. < DIRECTIVES was received on the proposal which re­ (Piper Service Bulletin No. 241 covers this Boeing Models 720 and 720B quested a clarification of the intent of same subject.) Airplanes the AD with regard to discontinuing the This amendment becomes effective required inspections when a new im­ May 20,1967. Pursuant to the authority delegated to proved muffler was installed. We agree me by the Administrator, an airworthi­ that the paragraph could be misleading (Secs. 318(a), 601, 603, Federal Aviation Act ness directive was adopted on April 13, and have revised the wording , of para­ of 1958; 49 U.S.C. 1354(a), 1421, 1423) 1967, and made effective immediately, by graph (d) which will further clarify Issued in East Point, Ga., on March 16, telegram, to all known operators of Boe­ when the inspections can be discontinued. 1967. ing 720 and 720B airplanes with more In consideration of the foregoing, and J a m e s G. R o g e r s, than 8,000 hours’ time in service. Be­ under the authority delegated to me by Director, Southern Region cause of reports of structural cracks in the Administrator (25 P.R. 6489), § 39.13 [P.R. Doc. 67-4337; Piled, Apr. 19, 1967; the wing center section upper forward of the Federal Aviation Regulations is 8 :4 7 a.m .] skin panels, the directive requires in­ amended by -adding the following air­ spection of the panels within the next worthiness directive. 25 hours’ time in service, on aircraft with [Airspace Docket No. 67-CE-43] Piper. Applies to Model PA-25-235 Aircraft, wing center section bladder fuel cells, Serial Numbers 25-2000 to 25-4171 in­ PART 71— DESIGNATION OF FEDERAL and within the next 150 hours’ on air­ clu sive. craft without those cells. The directive Compliance required as indicated. AIRWAYS, CONTROLLED AIRSPACE, stated that a revision would follow cov­ To prevent further failures of engine ex­ AND REPORTING POINTS ering repetitive inspections and addi­ haust system components, accomplish the tional repair instructions. follow ing: Alteration of Control Zone (a) Initial Inspection. Since it was found that corrective ac­ Unless already accomplished, conduct the The purpose of this amendment to tion was required within a very short following inspections within the next 50 Part 71 of the Federal Aviation Regula­ time, notice and public procedure there­ hours time in service after the effective date tions is to alter the Grand Forks, N. Dak., on was impractical and contrary to the of this AD on aircraft with 150 or more hours control zone. public interest and good cause existed total time. On aircraft with less than 150 The Grand Forks, N. Dak. (Interna- for making the airworthiness directive hours total time, conduct the following in­ spection before an accumulation of 200 hours tiohal Airport), control zone is presently effective immediately as to all known total time unless already accomplished. designated as follows: operators of the airplanes. These condi­ (1) Inspect the entire exhaust system for Within a 5-mile radius of Grand Forks tions still exist and the airworthiness signs of cracks, bumthroughs, weld sepa­ International Airport (latitude 47°57'06" N., directive is hereby published in the F e d ­ rations, failed internal baffles, etc. Remove longitude 97°11'08" W.), and within 2 miles er a l R e g ist e r as an amendment to § 39.13 the muffler assembly by disconnecting air each side of the Grand Forks VOR 006° and of Part 39 of the Federal Aviation Regu­ ducts, stacks, shrouds, etc., as necessary to 173° radials extending from the 5-mile radius lations to make it effective as to all permit a thorough visual inspection of exte­ zone to 8 miles north and south of the VOR. rior and interior surfaces with a probe light persons. and mirror. The cabin air heat shroud must Since designation of the Grand Forks, In view of the foregoing, § 39.13 is also be removed from the muflier. N. Dak., control zone, there has been a amended by adding the following air­ (2) In addition to the exhaust system in­ slight change in the airport coordinates worthiness directive: spection, accomplish the following: (i) Inspect the lower ignition harness for for the Grand Forks International Air­ B oeing 720 and 720B Airplanes. A pplies to deteriorated insulation. port as recited in said designation. Ac­ all airplanes with more than 8,000 hours’ (ii) Inspect the lower engine mount in the tion is taken herein to effect this change. time in service, unless already accom­ area near the exhaust stack for blistered or Since this amendment is minor in plished in accordance with Boeing Alert burned paint and rust. nature and imposes no additional burden Service Bulletin 2590, Revision 1, dated (iii) Inspect the rubber engine mount on any person, notice and public proce­ April 6,1967. bushings for deterioration and loss of resil­ (a) On aircraft without'wing center sec­ ience. V v " dure hereon are unnecessary. tion bladder fuel cells installed in the area (iv) Inspect all flexible air and heat duct­ In consideration of the foregoing, Part described in paragraph (c), accomplish the ing for deterioration and burning. 71 of the Federal Aviation Regulations inspection in paragraph (c) within the next Parts found damaged or deteriorated as is amended, effective immediately, as 150 hours’ tim e in service. described above m ust be replaced or repaired hereinafter set forth: (b) On aircraft with wing center section prior to further flight. bladder fuel pells installed in the area de­ Extreme care must be exercised when re­ In § 71.171 (32 F.R. 2071), the Grand scribed in paragraph (c), accomplish the installing the exhaust system components Forks, N. Dak., control zone is amended inspection in paragraph (c) within the next to prevent distortion or preloading any to read: 25 hours’ tim e in service. parts. - *• Grand F orks, N. Dak. (International (c) Inspect the wing center section upper (b) Recurrent inspections. Airport) skin panels of Boeing 720/720B aircraft for Within 50 hours time in service from the evidence of cracks between BL 64.38 LH and initial inspection and every 50 hours time Within a 5-mile radius of Grand Forks BL 64.38 RH and between stringer 23 and in service thereafter, repeat the initial ex­ International Airport (latitude 47°57'05'' N.', the front spar in accordance with Boeing1 haust system inspection described in para- • longitude 97°10'35" W.) , and within 2 miles Alert Service Bulletin 2590, Revision 1. Be­ graph (a) (1) above except that the muffler each side of the Grand Forks VOR 006° and fore further flight, repair skin panels found need not be removed from the aircraft pro­ 173° radials extending from the 5-mlle radius cracked in accordance with Boeing Drawing vided visual inspection with probe light and zone to 8 mile6 north and south of the VOR. LO 707-W-870 or repair in a manner ap­ mirror are made through the muffler tail pipe outlet and one end of the muffler at the stack (Sec. 307(a), Federal Aviation Act of 1958; proved by the Chief, Aircraft Engineering connection. 49 U.S.C. 1348) Division, FAA Western Region. (c) Compliance time adjustments. Issued in Kansas City, Mo., on March A revision to this airworthiness directive (1) The inspection time intervals may be 24,1967. will follow covering repetitive inspection adjusted up to a maximum of 15 hours to intervals and additional repair instructions. coincide with aircraft annual or 100-hour E d w a r d C. M a r s h , scheduled inspections. Director, Central Region. This amendment becomes effective (2) Inspections, repairs or alterations [F.R. Doc. 67-4338; Filed, Apr. 19, 1967; upon publication in the F ede r a l R e g ist e r must be accomplished by authorized individ­ 8 :4 7 a.m .] for all persons except those to whom it

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 No. 7i 3 6186 RULES AND REGULATIONS was ’made effective by telegram dated proposed and that the proposed regula­ Effective date. This order shall be­ April 13,1967. tion should be adopted without change. come effective 60 days from the date of Therefore, pursuant to the provisions its publication in the F e d e r a l R eg ister, (Secs. 313(a), 601, 603, Federal Aviation Act except as to any provisions that may be of 1958; 49 Ü.S.C. 1354(a), 1421, and 1423) of the Federal Food, Drug, and Cosmetic Act (sec. 706 (b), (c)(2), (d), 74 Stat. stayed by the filing of proper objections. Issued in Washington, D.C., on April 399, 402; 21 U.S.C. 376 (b), (c)(2), (d)) Notice of the filing of objections or lack 18, 1967. and under the authority delegated to the thereof will be announced by publication J a m e s F . R u d o l p h , Commissioner by the Secretary of in the F e d e r a l R e g is t e r . Acting Director, Health, Education, and Welfare (21 CFR (Sec. 706(b), (c)(2), (d), 74 Stat. 399, 402; Flight Standards Service. 2.120) '. It is ordered, That Part 8 be 21 UJ3.C. 376(b), (c) (2), (d) ) [F .R . Doc. 67-4409; Filed, Apr. 19, 1967; amended by adding to Subpart D the Dated: April 12,1967. 8:51 a.m .] following new section: J. K . K i r k , § 8.321 Dehydrated beets (beet pow­ Associate Commissioner [Airspace Docket No. 67—CE—46] d er). for Compliance. PART 73— SPECIAL USE AIRSPACE (a) Identity. (1) The color additive [F.R. Doc. 67-4370; Filed, Apr. 19, 1967; dehydrated beets is a dark red powder 8 :5 0 a.m .] Revocation of Restricted Area prepared by dehydrating sound, mature, The purpose of this amendment to good quality, edible beets. Part 73 of the Federal Aviation Regula­ (2) Color additive mixtures made withSUBCHAPTER B— FOOD AND FOOD PRODUCTS tions is to revoke the Sioux Ordnance dehydrated beets may contain as diluents PART 121— FOOD ADDITIVES Depot, Nebr., Restricted Area R-4701. only those substances listed in this Sub­ The Department of the Army has ad­ part D as safe and suitable for use in Subpart F— Food Additives Resulting vised the Federal Aviation Administra­ color additive mixtures for coloring From Contact With Containers or tion that Restricted Area Rr-4701 is no foods. Equipment and Food A dditives (b) Specifications. The color additive longer required. Accordingly, action is Otherwise Affecting Food taken herein to revoke this restricted shall conform to the following speci­ area. fications: P lasticizers i n P o l y m e r ic S ubst a n c es Since this amendment reduces the bur­ Volatile matter, not more than 4 percent. The Commissioner of Food and-Drugs, den on the public, notice and public Acid insoluble ash, not more than 0.5 percent. having evaluated the data in a petition procedure hereon are unnecessary and Lead (as Pb), not more than 10 parts per (FAP 6B2028) filed by the Celanese m illio n . the amendment may be made effective Arsenic (as As), not more than 1 part per Plastics Co., division of the Celanese on less than 30 days notice. m illio n . Corp., 744 Broad Street, Newark, N.J. In consideration of the foregoing, Part Mercury (as Hg), not more than 1 part per 07102, and other relevant material, has 73 of the Federal Aviation Regulations m illio n . concluded that the food additive regu­ is amended, effective immediately, as lations should be amended to provide hereinafter set forth. (c) Uses and restrictions. Dehydrated beets may be safely used for the coloring for the safe use of 2,2,4-trimethyl-l,3- In § 73.47 (32 F.R. 2317) Restricted of foods generally in amounts consistent pentanediol diisobutyrate as a plasticizer Area Rr-4701 Sioux Ordnance Depot, with good manufacturing practice, ex­ in cellulosic plastics intended for food- Nebr., is revoked. cept that it may "not be used to color contact use. Therefore, pursuant to the (Sec. 307(a), Federal Aviation Act of 1958; foods for which standards of identity provisions of the Federal Food, Drug, and 49 U.S.C. 1348) Cosmetic Act (sec. 409(c)(1), 72 Stat. have been promulgated under section 401 1786; 21 U.S.C. 348(c)(1)) and under Issued in Washington, D.C., on April of the act, unless the use of added color the authority delegated to the Commis­ 13, 1967. is authorized by such standards. (d) Labeling. The label of the color sioner by the Secretary of Health, Edu­ W il l i a m E. M o r g a n , cation, and Welfare (21 CFR 2.120), Acting Director, Air Traffic Service. additive and any mixtures prepared therefrom intended solely or in part for § 121.2511(b) is amended by alphabeti­ [F.R. Doc. 67-4339; Filed, Apr. 19, 1967; cally inserting in the list of substances a 8 :4 7 a.m .] coloring purposes shall conform to the requirements of § 8.32. new item, as follows: (e) Exemption from certification. § 121.2511 Plasticizers in polymeric Certification of this color additive is not substances. Title 21— FOOD AND DRUGS necessary for the protection of the public * * * *. ■ . * health, and therefore batches thereof are (b) List of substances : exempt from the certification require­ Chapter I— Food and Drug Adminis­ Limitations tration, Department of Health, Edu­ ments of section 706(c) of the act. * * * * # * cation, and Welfare Any person who will be adversely af­ fected by the foregoing order may at any 2,2,4-Trimethyl -1, For use only in cellu­ SUBCHAPTER A— GENERAL 3-pentanediol losic plastics in an time within 30 days from The date of its diisohutyrate. amount not to exceed PART 8— COLOR ADDITIVES publication in the F e d e r a l R e g is t e r file 15 percent by weight with the Hearing Clerk, Department of of the finished food- Subpart D— Listing of Color Addi­ Health, Education, and Welfare, Room cOntact article, pro­ tives for Food Use Exempt From 5440, 330 Independence Avenue SW., vided that the finished Certification Washington, D.C. 20204, written objec­ plastic article contacts tions thereto. Objections , shall show food only of the types D e h y d r a t e d B e e t s ( B e e t P o w d e r ) id e n tifie d in § 121.2526 wherein the person filing will be ad­ (c), table 1,; under In the matter of establishing a regula­ versely affected by the order and specify categories I, II, VI-B, tion listing and exempting from certifi­ with particularity the provisions of the VII—B, and VIII. cation the color additive dehydrated order deemed objectionable and the * * * * , * beets (beet powder) for general use in grounds for the objections. If a hearing Any person who will be adversely af­ foods: is requested, the objections must state fected by the foregoing order may at any No comments were received in re­ the issues for the hearing, and such ob­ time within 30 days from the date of its jections must be supported by grounds sponse to the notice of proposed rule- publication in the F ed e r a l R eg ister file making in the above-identified matter legally sufficient to justify the relief with the Hearing Clerk, Department of published in the F ed e r a l R e g is t e r of sought. Obj ections may be accompanied Health, Education, and Welfare, Room by a memorandum or brief in support February 15, 1967 (32 F.R. 2897). The 5440, 330 Independence Avenue SW., Commissioner of Food and Drugs finds thereof. All documents shall be sub­ that the color additive is safe for use as mitted in six copies. Washington, D.C. 20201, written objec-

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 -—THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6187 tions thereto, preferably in quintuplicate. with the Hearing Clerk, Department of publication in the F ederal R e g ist e r file Objections shall show wherein the per­ Health, Education, and Welfare, Room with the Hearing Clerk, Department of son filing will be adversely affected by 5440, 330 Independence Avenue SW., Health, Education, and Welfare, Room the order and specify with particularity Washington, D.C. 20201, written objec­ 5440, 330 Independence Avenue SW., the provisions of the order deemed ob­ tions thereto, preferably in quintupli­ Washington, D.C. 20201, written objec­ jectionable and the grounds for the cate. Objections shall show wherein the tions thereto, preferably in quintupli­ objections. If a hearing is requested, person filing will be adversely affected by cate. Objections shall show wherein the the objections must state the issues for the order and specify with particularity person filing will be adversely affected the hearing. A hearing will be granted the provisions of the order deemed ob­ by the order and specify with particu­ if the objections are supported by jectionable and the grounds for the ob­ larity the provisions of the order deemed grounds legally sufficient to justify the jections. If a hearing is requested, the objectionable and the grounds for the relief sought. Objections may be ac­ objections must state the issues for the objections. If a hearing is requested, companied by a memorandum or brief hearing. A hearing will be granted if the objections must state the issues for in support thereof. the objections are supported by grounds the hearing. A hearing will be granted Effective date. This order shall be­ legally sufficient to justify the relief if the objections are supported by come effective on the date of its publica­ sought. Objections may be accompanied grounds legally sufficient to justify the tion in the F ederal R e g is t e r . by a memorandum or brief in support relief sought. Objections may be ac­ thereof. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. companied by a memorandum or brief 3 4 8 (c )(1 )) Effective date. This order shall be­ in support thereofv Dated: April 12,1967. come effective on the date of its publica­ Effective date. This order shall be­ tion in the F ed e r a l R e g is t e r . come effective on the date of its publica­ J . K . K ir k , (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 tion in the F ederal R e g is t e r . Associate Commissioner ( c ) ( 1 ) ) for Compliance. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 Dated: April 12,1967. ( c ) ( 1 ) ) [P.R. Doc. 67-4372; Piled, Apr. 19, 1967; Dated : April 12,1967. 8 :5 0 a.m .] J . K . K ir k , Associate Commissioner J . K . K ir k , for Compliance. Associate Commissioner PART 121— FOOD ADDITIVES [F.R. Doc. 67-4371; Filed, Apr. 19, 1967; for Compliance. Subpart F— Food Additives Resulting 8:5 0 a.m .] [F.R. Doc. 67-4373; Filed, Apr. 19, 1967; From Contact With Containers or 8 :5 0 a.m .] Equipment and Food A d d itiv e s PART 121— FOOD ADDITIVES Otherwise Affecting Food SUBCHAPTER C— DRUGS Subpart F— Food Additives Resulting PART 138— DRUGS; OFFICIAL NAMES Adhesives -From Contact With Containers or The Commissioner of Food and Drugs, Equipment and Food Additives The comments and suggestions re­ having evaluated the data in a petition Otherwise Affecting Food ceived in response to the notice published (PAP 7B2102) filed by Rohm and Haas in the F ederal R e g is t e r of August 16, Co., Independence Mall West, Philadel­ P olyurethane R e s i n s 1966 (31 F.R. 10890), proposing estab­ phia, Pa. 19105, and other relevant mate­ The Commissioner of Food and Drugs, lishment of a new part in which are listed rial, has concluded that the food addi­ having evaluated the data in a petition designated official names for certain tive regulations should be amended to (FAP 6B2042) filed by Cargill, Inc., Car­ drugs, have been considered and the provide for the safe use of additional gill Building, Minneapolis, Minn. 55402, Commissioner of Food and Drugs has optional substances in the formulation of and other relevant material, has con­ concluded that the proposed part should food-packaging adhesives. Therefore, cluded that the food additive regulations be issued as set forth below. pursuant to the provisions of the Federal Therefore, pursuant to the provisions Pood, Drug, and Cosmetic Act (sec. 409 should be amended to provide for the safe use of 2,2-dimethyl-l,3-propanediol and of the Federal Food, Drug, and Cosmetic (0(1), 72 Stat. 1786; 21 U.S.C. 348(c) of polyoxypropylene ethers of 4,4'-iso- Act (sec. 508, 76 Stat. 1789; 21 U.S.C. (D) , and under the authority delegated propylidenediphenol (containing an 358) and the Administrative Procedure to the Commissioner by the Secretary of average of 2-4 moles of propylene oxide), Act (sec. 4, 80 Stat. 383; 5 U.S.C. 553) Health, Education, and Welfare (21 CFR as reactants in the preparation of poly­ and under the authority delegated to the 2.120), 1 121.2520(c)(5) is amended by urethane resins that contact dry bulk Commissioner of Food and Drugs by the alphabetically inserting in the list of food. Therefore, pursuant to the provi­ Secretary of Health, Education, and Wel­ components a new subitem under the sions of the Federal Food, Drug, and fare (21 CFR 2.120), Title 21, Chapter item “Polymers: Homopolymers * * *” Cosmetic Act (sec. 409(c)(1), 72 Stat. I, is amended by adding thereto the fol­ and a new item, as follows: 1786; 21 U.S.C. 348(c)(1)) and under lowing new part: § 121.2520 Adhesives. the authority delegated to the Commis­ Sec. * . * * * ' * sioner by the Secretary of Health, Edu­ 138.1 Definitions and interpretations. (c) * * * cation, and Welfare (21 CFR 2.120), 138.2 Drugs; official names. (5) * * * § 121.2522(a) (2) is amended by inserting . Authority: The provisions of this Part alphabetically in the list of substances 138 issued under secs. 508, 701(a), 52 Stat. Components op Adhesives two new items, as follows: 1055, 76 Stat. 1789; 21 U.S.C. 358, 371(a). Substances Limitations § 138.1 Definitions and interpretations. * * * * * * § 121.2522 Polyurethane resins. Polymers: Homo - ♦ * * * * (a) As used in this Part 138, “act” polymers * * * ______(a) * * * means the Federal Food, Drug, and Cos­ (2) List of substances: metic Act, sections 201-902, 52 Stat. 1040 * * * * * * (21 U.S.C. 321-392), with all amendments 1,3-Butylene glycol di­ ***** thereto. methacrylate. 2,2-Dimethyl-l,3-propanediol. * * ♦ * * * (b) The definitions and interpreta­ ***** Sulfonated octadecylene tions contained in section 201 of the act (sodium form ). Polyoxypropylene ethers of 4,4'-isopropyl- shall be applicable to such terms when idenediphenoi (containing an average of * * * used in this Part 138. * » * 2-4 moles of propylene oxide). (c) The term “official name” means, Any person who will be adversely af- ***** with respect to a drug or ingredient lected by the foregoing order may at any Any person who will be adversely af­ thereof, the name designated in this Part Z“®®. within 30 days from the date of its fected by the foregoing order may at any 138 under section 508 of the act as -the Publication in the Federal Register file time within 30 days from the date of its official name.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6188 RULES AND REGULATIONS

§138.2 Drugs ; official names. Effective date. This order shall be­ The hearing was held at the place and come effective 30 days from its date of time specified in the notice and testimony The following are designated official publication in the F ed e r a l R e g is t e r . was given with respect to all of the issues nam es under section 508 of the act and referred to in the hearing notice. In are “established” names within the (Sec. 508, 76 Stat. 1789; 21 U.S.C. 358) arriving at the findings, conclusions, and m eaning of section 502-(e) of the act: Dated : April 12,1967. regulatory provisions of this order, all Chemical name or J a m e s L . G o d dard, proposed findings and conclusions were description Official name Commissioner of Food and Drugs. carefully and fully considered in con­ A lk a lo id (C^H ^N.O jo) from Vincristine. junction with the record evidence per­ Vinca rosea, L in n . [F.R. Doc.' 67-4374; Piled, Apr. 19, 1967; taining thereto. To the extent that find­ 9-Aminoacridine, salt with Acrisorcin. 8:5 0 a.m .] ings and conclusions proposed by the 4-hexylresorcinol. interested persons are inconsistent with 6 - (D - 2 - Amino - 2 - phenyl - Ampicillin. the findings and conclusions herein, the acetamido) -3,3-dimethyl- specific or-implied request to make such 7 - oxo - 4 - thia - 1 - azabi - Title 7— AGRICULTURE cyclo - [3.2.0]heptane - 2- findings and reach such conclusions are carboxylic acid. Chapter VIII——Agricultural Stabiliza­ denied on the basis of the facts found 2 - Aminopurine - 6 - thiol, Thioguanine. tion and Conservation Service and stated and the conclusions reached hemihydrate. (Sugar), Department of Agriculture as set forth herein. Bis ( dimethylthiocarbam- T hiram . Omission of a recommended decision oyl) disulfide. SUBCHAPTER B— SUGAR REQUIREMENTS AND and effective date. The record of the 2-sec -Butyl-2 -methyl -1,3- Mebutamate. QUOTAS propanediol dicarbamate; hearing shows that the supply of sugar [Sugar Reg. 814.5, Arndt. 2] or 2-methyl-2-see-butyl- available for marketing is substantially 1,3-propanediol dicarba­ PART 814— ALLOTMENT OF SUGAR in excess of the quota of 1,100,000 tons m a te. and that 1967 marketings of mainland 1- (p - Chlorobenzoyl)- 5- Indomethacin. QUOTAS,^MAINLAND CANE SUGAR cane sugar, unless restricted, would sub­ methoxy-2- methylindole- AREA stantially exceed the 1967 quota for the 3-acetic acid. ; 1967 7- Chloro-l,3-dihydro-3 - hy­ O xazepam . Mainland Cane Sugar Area. The pro­ droxy - 5 - phenyl - 2ff -1,4- Basis and purpose.. This allotment ceeding to which this order relates was benzodiazepin-2-one. order is issued under section 205(a) of instituted for the purpose of alloting the 7 - Chloro - 1,3 - dihydro - 1 - D iazep am ^ the Sugar Act of 1948, as amended (61 quota for the Mainland Cane Sugar Area methyl-5-phenyl- 2if -1,4- Stat. 926, as amended), hereinafter to prevent disorderly marketing and to benzodiazepin-2-one. called the “Act”, for the purpose of allot­ affprd each interested person an equit­ 6 - Chloro - 3,4 - dihydro - 2 - Poly thiazide. able opportunity to market sugar within m ethyl - 3 - {[ (2,2,2 - tri- ting the 1967 sugar quota for the Main­ f luoroethy 1 ) th io ] - - land Cane Suga* Area among persons the quota for the area. In view of the m ethyl) -2H -1,2,4 - benzo- who- process sugar from sugarcane and need for allotments and the fact that thiadiazine - 7 - sulfon - market such sugar for consumption in several allottees have ample sugar to amide 1,1-dioxide. the continental United States. market their entire 1967 allotment, it is 6-Chloro-3,4-dihydro-3- (5- Cyclothiazide. imperative that these processors know as norborrien - 2 - yl) - 2H - Section 205(a) of the Act requires the soon as possible the approximate quan­ 1,2,4 - benzothiadiazine -7- Secretary to allot a quota whenever he tity of sugar each may market within the sulfonamide 1,1 -dioxide. finds that the allotment is necessary, quota during the balance of the year in 1 -2 -(p-C hloro-o-[2 - (dir Botoxamine. among other things (1) to prevent dis­ order to plan marketings and prevent methylamino) - ethoxy]- orderly marketing of sugar or liquid disorderly marketing that could occur if foenzyUpyridine. sugar and (2 ) to afford air interested Dihydrohydroxycodeinone — Oxycodone. persons an equitable opportunity to mar­ the effective date of the allotment order J-3-(3,4-Dihydroxyphenyl)- Methyldopa. ket sugar or liquid sugar. Section 205(a) is unduly delayed. Accordingly, in order 2- methylalanine. also requires that such allotment be to fully effectuate the purposes of sec­ 1- (2,3 -Dihydroxypropyl -3,5 - Iop yd ol. tion 205(a) of the Act it is hereby found diiodo-4( 1H) -pyridone. made after such hearing and upon such that due and timely execution of the 3 ,5 -D iio d o -4 ( 1H ) -p y rid o n e _ _ io p y d o n e . notice as the Secretary may prescribe. . functions imposed upon the Secretary 1 - (p,a - Dimethylbenzyl) Tocamphyl. Pursuant to the applicable rules of camphor ate 1:1 salt with practice and procedure a preliminary under the Act imperatively and un­ 2,2 ' -im inodiethanol. finding was made that allotment of the avoidably requires the omission of a rec­ a,a - Dimethylphenethyl Phentermine. quota is necessary and a notice was pub­ ommended decision in this proceeding. a m in e. lished on February 7,1967 (32 F.R. 2572), It is also hereby further found and de­ 5 - Ethyl - 3 - methyl - 5 Mephenytoin. termined for the reasons given above for phenylhydantoin. of a public hearing to be held in New the omission of a recommended decision N - Ethyl - 2 - phenyl - N Tropicamide. Orleans, La., at the Monteleone Hotel that compliance with the 30-day effec­ (4 - pyridylmethyl) - hy- on February 28, 1967, beginning at 10 dracrylamide. a.m., c.s.t., for the purpose of receiving tive date requirement of 5 U.S.C. 553 (80 2 - Ethylthioisonicotin - Stat. 378), is impractical and contrary to Ethionamide. evidence to enable the Secretary (1) to the public interest, and consequently, am id e. a ffir m or revoke the preliminary finding 17/5 - H ydroxy - 2 - (h y - Oxymetholone. this order shall become effective when droxymethylene) - 17a - of necessity for allotments, (2) to es­ filed for public inspection in the Office methyl - 5a - androstan- tablish a fair, efficient, and equitable al­ of the Federal Register. 3 - on e. lotment of the 1967 quota for the Main­ 6 - H ydroxy - /5,2,7, v tr i - Trioxsalen. land Cane Sugar Area, (3) to revise or Basis for findings and^conclusions. methyl - 5 - benzofurana- amend the allotment of the quota for Section 205(a) of the Act reads in per­ crylic acid, 5-lactone. the purposes of (a) alloting any in­ tinent parts as follows: D-3-Mercaptovaline ------J— Penicillamine. 3 - Methoxy - 19-nor - 17a- Mestranol. crease or decrease in the quota, (b) pro­ * * * Allotments shall be made in such pregna - 1,3,5(10) - trien- rating any deficit in the allotment for manner and in such amounts as to provide a 20-yn-17-ol. any allottee when written notification of fair, efficient, and equitable distribution of 2- Methyl-2 -propyltrimethyl - Tybamate.release by an allottee of any part of an such quota or proration thereof, by taking ene butylcarbamate car­ allotment becomes a part of the official into consideration the processings of sugar bamate; or 2-(hydroxy­ records of the Department, and (c) sub­ or liquid sugar from sugar beets or sugarcane, methyl) - 2 - methylpentyl stituting revised or corrected data where lim ite d in a n y year w h e n proportion ate shares butylcarbamate carbamate. were in effect to processings to which pro­ such data becomes a part of the official portionate shares, determined pursuant to 2,4,7 - Triamino - 6 phen - Triamterene. the ylpteridine. records of the Department, and (4) to provisions of subsection (b) of section 302, 5 - [ (3,5-Xylyloxy) methyl] - Metaxalone. make provision for transfer and exchange pertained; the past marketings or importa­ 2-oxazolidinone. of allotments. tions of each such person; and the ability «

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6189 such, person to market or import that portion the period 1964 through 1966 as pro­ of such quota or proration thereof allotted ficiency, that thp excess amount released to him. * * * The Secretary is also author­ posed by the Government witness; and appears to be a reasonable, bona fide mis­ ized in making such allotm ents of a quota for (3) in order to give consideration to the calculation, and that the increase in the any calendar year to take into consideration provision in section 205(a) for avoiding allotment of Wm. T. Burton Industries, in lieu of or in addition to the foregoing fac­ unreasonable carryover of sugar by in­ Inc., of 500 tons, raw value, of sugar is tors of processing, past marketings, and dividual processors, the Louisiana pro­ congruous with a fair, efficient, and ability to market, the need for establishing posal would give consideration only to equitable distribution of the 1967 quota an allotment which will permit such market­ physical inventory carryover, while the ing of sugar as is necessary for the reasonably in the light of the record of this proceed­ efficient operation of any nonaffiliated single Government’s proposal gives considera­ ing. For purposes of this provision, the plant processor of sugar beets or any proces­ tion to effective inventory carryover as 1967 basic allotments of individual sor of sugarcane and as may be necessary to well as physical inventory carryover. processors who were recipients of deficit avoid unreasonable carryover of sugar in re­ The representatives of both the Louisi­ reallocations in 1966 are reduced in total lation to other processors in the area: Pro­ ana and Florida processors proposed as by the amount of 500 short tons, raw vided, That * * * the marketing allotment herein adopted that any change in the value, by reducing each such processor’s of a processor of sugarcane shall not be quota be reflected in processor allotments basic allotment in an amount equal to increased under this provision above an allot­ by reworking the formula and not be ment equal to the effective inventory of the same proportion of 500 tons, raw sugar of such processor on January 1 of the prorated on the basis of allotments in value, as the proportion that the 1966 calendar year for which such allotment is effect at that time as proposed by the deficit allocated to the processor was of made: * * * Provided further, T h a t th e Government (R. 43,54, 55). the total deficit reallocated in 1966. total increases in marketing allotments made The representative on behalf of the The primary purpose for using an al­ pursuant to this sentence * * •* to proc­ Florida processors opposed the method ternate measure of “processings” is to essors in the mainland cane sugar area shall used in computing the alternative meas­ give some protection against a crop fail- be limited to 16,000 short tons of sugar, raw ure of processings for the Sunshine Proc­ uré or some other unavoidable occur­ value, for each calendar year. In making essing Co., Inc., since such company did such allotments, the Secretary may also take rence which reduced processings of the into consideration and make due allowance not process sugarcane in 1966 and other crop used for the measure of processings. for the adverse effect of drought, storm, processors who processed the cane which Giving a processor an alternative proces­ flood, freeze, disease, insects, or other similar- Sunshine Processing Co., Inc., would have sing factor of 85 percent of his 1964-65 abnormal and uncontrollable conditions seri­ processed had it operated, have in effect average crop processings as proposed by ously and broadly affecting any general area acquired the benefit of the processing the Government recognizes the fact that served by the factory or factories of such history of Sunshine Processing Co., Inc., person. * * * the 1966 crop of some processors was for allotment purposes (R. 50). more seriously affected by adverse crop The record of the hearing indicated that The Government points out however, conditions than others. By using an al­ the prospective supply of mainland cane that if Sunshine Processing Co., Inc., ternative measure of processings of the sugar available for marketing in 1967 ex­ processes cane in 1967 any allotment for average 1964-65 crop processings as pro­ ceeds the quota for that area to an ex­ such company derived by the formula posed by the witness for Louisiana tent that allotment of the quota is neces­ without some hardship consideration processors would increase allotments sary (R. 7, 8). such as the use of the alternative unduly for those processors whose supply The Government witness introduced measure of processings would not be fair of sugar available for marketing has for the record annual data on process­ and equitable. The representatives of been curtailed by reduced processings ings, marketings, and „inventories for the Florida processors also proposed that and would decrease allotments of those the most recent 5-year period (R. 8 9: in the event Sunshine Processing Co., processors who have the greatest poten­ E x .5 ) . Inc., did not process sugarcane from the tial to market sugar during the calendar The three factors of “processings,” 1967 crop, that the allotment established year 1967. “past marketings,” and “ability to mar­ for such company not be treated as a Using the average marketings for each ket,” the adverse effect of storm, freeze, deficit but the entire allotment formula processor for the years he had marketings and other similar abnormal conditions be reworked leaving Sunshine Processing during the 3-year period 1964 through and the provision of section 205(a) of the Co., Inc., completely out of all factors. 1966 as the measure of “past marketings” Act added by the Sugar Act Amendments This proposal was not adopted because as proposed by the Government witness of 1965 which provides for establishing the Government believes that the han­ does not penalize any processor for hav­ an allotment for any processor as may dling of such allotment as a deficit is ing less than 3 years’ marketing history be necessary to avoid unreasonable carry­ more efficient particularly in view of the as would the use of a simple 3-year aver­ over of sugar in relation to other proces­ small allotment difference derived by age as proposed by the representative of sors in the area have been considered by the two methods. the Louisiana processors. the allotment method herein adopted as An allotment of 100 short tons, raw The allotment method adopted herein set forth in Finding 5. value, is established for Louisiana State gives consideration to the provision in The allotment method adopted is the University as in past years as proposed section 205(a) of the Act which provides same as that proposed by the Govern­ by the witness for the Louisiana proces­ for increasing allotments for any proces­ ment witness a t the hearing except for sors. sor to avoid unreasonable carryover of Minor modifications. The substantive In line with a proposal made by the sugar in relation to other processors in features of the method adopted was also witness representing the Louisiana the area. The adopted method gives supported by the witness representing processors and concurred in by the wit­ consideration to both physical and effec­ the eight Florida processors. ness for all Florida processors, the allot­ tive inventory carryovers. The witness ment method adopted herein also in­ for the Louisiana processors proposed The allotment proposal by an industry cludes a provision for increasing the 1967 representative on behalf of the Louisiana that only consideration be given under allotment of an allottee, who late in this provision to processors with exces­ Processors (R. 33-42) differed in sub­ 1966, underestimated his production of stantive features from the Government sive physical inventories. The method sugar for the balance of 1966, which re­ adopted also reduces the quantity of proposal in the following respects: (1) sulted in the release of 500 short tons of The alternative measure of processings sugar to be carried in inventory from his 1966 allotment in excess of his actual April 1967 to January 1, 1968, and results would be measured by using the average deficiency (R. 30, 52). The 1967 allot­ processings from the 1964 and 1965 crops in fair and equitable allotments. ment of such allottee is increased to the The witness for the Louisiana proc­ instead of 85 percent of such average as extent that the declared release of the Proposed by the Government witness; ( ) essors stated that the Governments’ 2 1966 allotment by such allottee was in ex­ proposed formula with respect to sugar the measure of past marketings would be cess of his actual deficiency. This pro­ measured by each processor’s average inventories gave too much consideration vision is based on the evidence in the to the length of carryover and not SJJJ1®! Quota marketings for the years record of this proceeding that the allot­ °4 through 1966 instead of average enough consideration to the quantity of tee, Wm. T. Burton Industries, Inc., re­ sugar carried over for a short period of annual quota marketings for the years leased 500 tons of its allotment of the ^ h processor had marketings during timé. Under the terms of the new pro­ 1966 quota in excess of its actual de- vision of the 1965 Act, no inventory relief

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 1 9 6 7 6190 RULES AND REGULATIONS may be given a processor whose allotment company, the full amount of which may dustries, Inc., in subparagraph (d) of exceeded his effective inventory. The have been marketed. this finding (5) and such 500 short tons, formula adopted provides for increasing (4) One hundred short tons, raw value, raw value, represents a reasonable bona the basic allotments of processors with shall be set aside from the quota and ah fide miscalculation of such processor’s January 1, 1967, effective inventories allotment of 100 short tons, raw value, 1966-crop sugar production. From the larger than their 1967 basic allotments. shall be established for the Louisiana basic allotments of individual processors Under circumstances relating to the State University. established in subparagraph (d) of this allotment of the 1967 quota the meas­ (5) The remainder of the 1967 Main­ finding (5), who were recipients of deficit ures and weightings of factors and spe­ land Cane Sugar Area quota for con­ reallocations in 1966 as set forth in Sugar cial consideration given to carryover in sumption within the continental United Regulation 814.4, Amendment 3 (31 F.R. excess of allotments give consideration States, after setting aside 100 tons as 16669) , shall be deducted a total of 500 to any carryover of sugar whether such provided in finding (4) shall be allotted short tons, raw value, by reducing each carryover was for a short or long dura­ to processors other than Louisiana State such processor’s basic allotment in an tion and whether it was due to an un­ University by measuring and weighting amount equal to the same proportion of usually favorable 1966 crop, past mar­ each of the three factors of “processings,” 500 tons, raw value, as the proportion keting patterns, or a combination of these “past marketings,” and “ability to mar­ that the 1966 deficit allocated to the and other factors and results in fair and ket” specified in section 205(a) of the processor was of the total deficit re­ equitable allotments. Act; and by giving consideration to the allocated in 1966. Pursuant to an agreement of the stock­ need for establishing an allotment for (f) Basic allotments established p u r­ holders of MUliken and Farwell, Inc., any processor as may be necessary to suant to paragraph (e) of this fin d in g effective January 1,1967, a division of the avoid unreasonable carryover of sugar in which are less than the r e s p e c tiv e assets of such company has been effected relation to other processors in the area processors’ January 1, 1967, effective in ­ so that Milliken and Farwell, Inc., con­ (within specified limits) as provided in ventories shall be increased by a t o t a l of tinues to own and operate its Smithfield section 205(a) of the Act; and by de­ not to exceed 16,000 short tons, raw v a lu e, factory in West Baton Rouge Parish, La., termining allotments as follows based on and the basic allotments of other p r o c e s ­ and a new corporation, Little Texas, Inc., data in the hearing record and any re­ sors (those having January 1,1967, e ffe c ­ now owns and will operate the Little vised or corrected final data of which tive inventories not in excess of th eir Texas Factory which was formerly op­ official notice will be taken: basic allotments) shall be reduced p ro ­ erated by Milliken and Farwell, Inc. At (a) The factor “processings” shall be portionately as necessary to make to ta l the hearing Milliken and Farwell, Inc., measured for each processor by either adjusted allotments equal to the q u o t a in and Little Texas, Inc., requested the De­ his production of sugar from 1966-crop short tons, raw value, less 100 t o n s set partment to divide the allotment which sugarcane in short tons, raw value, or aside under finding (4). Upward a d ­ would normally accrue to Milliken and 85 percent of his average crop-year pro­ justments in allotments (not to e x c e e d Farwell, Inc., between Milliken and Far- duction from the 1964 and 1965 crops of a total of 16,000 tons) shall be m a d e , kell, Inc., and Little Texas, Inc., on the sugarcane in short tons, raw value, first by increasing the allotment of a n y basis of historical information submitted whichever in higher, expressed as a per­ processor having a January 1,1967, p h y s ­ at the hearing on processings, market­ centage of the total of the measure for all ical inventory in excess of his basic a llo t ­ ings, and inventories of the two factories. processors and weighted by 60 percent. ment to the extent of such excess; an d This allotment order establishes allot­ (b) The factor “past marketings” shall second, the remainder of the 16,000 to n s ments for both Milliken and Farwell, be measured by each processor’s annual shall be prorated to increase the a llo t ­ Inc., and Little Texas, Inc., based on marketings within the quotas for the ment of other processors having J a n u ­ such division of historical data. years he had marketings during the pe­ ary 1,1967, effective inventories in e x c e ss Findings and conclusions. On the riod 1964 through 1966 determined in of their basic allotment in a m a n n e r basis of the record of the hearing, I short tons, raw value, expressed as a that will permit each affected p r o c e sso r hereby find and conclude that: percentage of the total of the measure to market the same percentage, b u t n o t (1) The quantity of sugar available for all processors and weighted 20 more than 100 percent, of his J a n u a r y 1, for marketing in 1967, consisting of Janu­ percent. 1967, effective inventory. ary 1,1967, effective inventories of main­ (c) The factor "ability to market” (g) Any revision in allotments made land cane sugar of approximately 750,000 shall be measured by the sum of (i) each to give effect to a release of all or a part tons plus 1967 crop sugar produced be­ processor’s January 1, 1967, effective in­ of an allotment by an allottee shall be fore January 1, 1968, of between 700,000 ventory, and (ii) his share of the differ­ determined proportionately on the basis and 850,000 tons would substantially ence between the 1967 quota in short tons, of adjusted allotments computed pursu­ exceed the current 1,100,000-ton quota raw value, for the Mainland Cane Sugar ant to paragraph (f) of this finding. All established for the area. Area after deducting 100 tons set aside or part of the allotment established for (2) The supply situation makes neces­ under finding (4) and the total of the Sunshine Processing Co., Inc., and not sary the allotment of the 1967 sugar effective inventories of all processors. used shall be prorated to other allottees quota for the Mainland Cane Sugar Area Each processor’s share of such difference pursuant to this paragraph. to assure an orderly marketing of sugar, shall be determined by applying to the (h) Any revision in allotments made and to afford all interested persons equi­ area total difference the percentage that to give effect to any increase or decrease table opportunities to market sugar with­ his average 1964 through 1966 new-crop in the Mainland Cane Sugar Area quota in the quota. marketings were of the total average shall be determined by the full applica­ (3) It is desirable to postpone the al­ new-crop marketings of all processors for tion of the formula for determining al­ lotment of the entire 1967 calendar year such years. The sum of (i) and (ii) in lotments as provided in paragraphs (a) sugar quota for the Mainland Cane short tons, raw value, expressed for each through (f) of this finding (5). Sugar Area until final processings from processor as a percentage of the total of (6) Final adjustments in the data for 1966-crop sugarcane are known for all the measure for all processors shall be the 1966 crop including January 1, 1967, allottees. Therefore, to prevent any al­ weighted 20 percent. effective inventories, will be made on the lottee from marketing a quantity of sugar (d) To determine each processor’s basis of sugar production and market- larger than eventually may be allotted to basic allotment in short tons, raw value, -ing reports covering the period ending it, when the entire 1967 quota is allotted the total percentage for each processor April 30,1967. on the basis of final 1966 crop data, al­ derived by measuring and weighting the (7) The quantity of sugar and t h e p er­ lotments herein shall be limited to 95 three factors as heretofore proposed shall centages referred to in paragraph (5) percent of the allotments determined un­ be multiplied by the quota for the Main­ above, based on data involving s o m e e s ­ der finding (5) for all allottees except land Cane Sugar Area in short tons, raw timates for 1966-crop processings an d that the allotment for Cajun Sugar value, less 100 tons set aside under find­ January 1, 1967, inventories which s h a ll Co-op, Inc., shall be the allotment deter­ ing (4). be used in determining allotments p e n d ­ mined as provided in finding (5) which (e) Five hundred short tons, raw value, ing the availability and substitution of equals the preliminary allotment of the of sugar shall be added to the basic allot­ revised data are set forth in the fo llo w ­ 1967 quota previously established for such ment established for Wm. T. Burton In­ ing table:

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6191

Processings of Average quota Ability to market sugar i Processor’s basic marketings * allotment4

New-crop quota Measures used marketings Processor’s Effective adjusted inventory Short Percent Short Percent Jan. 1, allotment,' Processor Shares Col. (5) Percent Short short tons, tons, raw of total tons, raw of total 1967 Average of plus value Percent of total tons, raw raw value value 1964-66 differ­ col. (7) of total value ence *

Short tons, raw value (1) (2) (3) (4) (5) (6; (7) (8) (9) (10) ( 11) (12) Albania Sugar Co______10,454 0.861 10,703 1.017 1,137 9,396 6,640 7,777 0.707 0.861 Alma Plantation, Ltd______10,408 .857 10,192 .968 9.465 9,260 J. Aron & Co., I n c ..______1$___ 760 10,014 7,077 7,837 .712 .850 9,344 9,141 13,653 1.124 15,113 1.436 1 14,935 10,554 Billeaud Sugar Factory..:__.______9,944 10,555 .960 1,154 12,693 12,417 .819 10,212 .970 2,680 7,852 5,549 8,229 .748 Breaux Bridge Sugar Co-op______9,427 .776 8,754 .835 0,179 8.980 .832 2,723 7,137 5.044 7,767 .706 .773 8,498 8,314 Wm. T. Burton Industries, Inc______6,515 .536 8,923 .848 651 4,983 3,521 Caire & Graugnard______;___ 5,648 4,172 .379 .567 6,736 6,590 .465 6,677 .539 479 4,973 3,514 3,993 .363 .460 Cajun Sugar Co-op, Inc______18,639 1.535 19,462 1.849 5,057 4,947 Caldwell Sugars Co-op, Inc______18,639 38 27 18,666 1.697 1.630 17,918 18,639 13,792 1.136 12,816 1.217 909 12,505 8,837 Columbia Sugar Co______9,010 9,746 .886 1.102 12,115 11,852 .742 8,152 .774 2,060 7,302 5,160 7,220 .656 .731 Cora-Texas Manufacturing Co., Inc____ 9,700 .799 7,176 .682 8,036 7,862 Dugas & LeBlane, Ltd______6,680 3,213 2,271 8,951 .814 .779 8,565 8,379 15,249 1.255 14,545 1.382 1,937 13,924 9,840 11,777 1.071 Duhe & Bourgeois Sugar Co______10,971 .903 10.133 1.244 13,676 13,379 Erath Sugar Co., Ltd_____ .______.963 1,086 9,821 6,940 8,026 .730 .880 9,675 9,465 6,495 .535 7,416 .704 647 5,927 4,188 .4,835 Evan Hall Sugar Co-op, Inc______23,894 1.967 .440 .550 6,045 5,914 22,130 2.102 2,369 21,756 15,374 17,743 1.613 1.923 21,140 Frisco Cane Co., Inc______3,066 .252 2,846 .270 533 2,452 20,681 Glenwood Co-op, InC______16,864 1,733 2,266 .206 .247 2,716 2,657 1.388 15,663 1.488 1,673 15,438 10,910 12,583 1.144 Helvetia Sugar Co-op, Inc______II! 13,331 1.098 11.855 L359 14,941 14,617 Iberia Sugar Co-op, Inc______1.126 2,431 11,253 7,952 10,383 .944 1.073 11,797 11.541 19,486 1.604 19,621 1.864 6,766 13,437 9,496 LaFourche Sugar Co______19,016 16,262 1.478 1.631 17,930 17.541 1.566 17.855 L696 2,679 17,017 12,026 14,705 1.337 Harry L. Laws & Co., Inc______13,537 1.115 16,523 1. 569 1.546 16,995 16,626 Levert-St. John, In c.___ i ______2,163 12,392 8,757 10,920 .993 L 181 12.982 12,700 12,810 1.055 14,736 1.400 13,537 9,566 Little Texas, Inc______;___IIII 5,609 0 9,566 .870 1.087 11,956 11,696 .462 4,448 .422 2.770 3,998 2,825 5,595 .509 Louisa Co-op..______III 12,180 1.003 11,553 .463 5,091 4.980 Louisiana State Penitentiary...... I 1.097 2,901 9,705 6,858 9,759 .887 .999 10.983 4,072 .335 3,057 .290 2,563 1,987 1,404 10,745 Meeker Sugar Co-op, Inc______10,992 3,967 .361 .331 3,639 3,560 .905 10,400 .988 8,936 3,103 2,193 11,129 1.012 Milliken & Far well, Inc______10,727 .883 9,727 .924 .943 10.366 10,141 M. A. Patout & Son, Ltd______1.770 9,288 6,564 8,334 .758 .866 9,520 9,313 17,199 1.416 15,733 1.494 2,983 14,819 10,472 13,455 Poplar Grove Planting & Refining C o ... 9,200 .757 1.223 1.393 15,315 14,983 Savoie Industries______9,161 .870 2,395 6,915 4,887 7,282 .662 .761 15,470 1.274 14,297 1.358 2,104 8.366 8,184 St. James Sugar Co-op, In c...... IIIIII 13,709 9,688 11.792 1.072 1.250 13,742 13,444 21,699 1.786 17,333 1.646 13,253 9,361 6,616 19,868 St. Mary Sugar Co-op, Inc...... 15,320 1.261 14,378 1.806 L 762 19,372 18,952 South Coast Corp______. . . . 1.366 1,921 13,782 9,739 11,660 1.060 1,242 13,654 63,907 5.261 71,445 fi 787 46,183 12,183 8,609 54.792 13,358 Southdown, Inc______II..IIIIIII 38,235 3.148 4.981 5.510 60,575 59,260 Sterling Sugars, Inc______.II” 42,560 4.043 11,506 24,523 17,330 28,836 2.622 3.222 28,226 2.324 25.938 2.464 4,729 24,047 35,422 34,653 Sunshine Processing Co., Inc______HI” 16,993 21,722 1.975 2.282 25,087 24.542 2,859 .235 3,363 .319 0 9 6 J. Supple’s Sons Planting Co., Inc...... 5,1526 .463 6,747 6 .001 .205 2,254 2,205 Valantine Sugars, Inc____ ;____...... 546 1,468 4,145 2,929 4,397 .400 .467 6,134 10,207 .840 12.884 1.224 462 8,761 6,191 5,023 Vida Sugars, Inc. .■...... 6,157 .507 6,653 .605 .870 9,564 9,356 5,543 .527 821 5,263 3,719 4,540 .413 A. Wilbert’s Sons Lumber & Shingle C o .. 10,812 .890 10.133 .963 .492 5,409 5,292 Young’s Industries, Inc...... 1,906 9,330 '6,593 8,499 .773 .881 9,685 6,895 .568 7,429 .706 2,088 5,129 9,475 3,625 5,713 .519 .586 6,441 6,301 Louisiana, subtotal. 567,300 46.706 565,632 53.730 169,762 399,359 282,216 451,978 41.093 46.988 517,078 506,965 Atlantic Sugar Company______• 34,860 2.870 31,031 Florida Sugar Corp...... 2.947 35,713 58 41 35,754 3.251 2.962 20,674 1.702 12,054 1.145 17,049 4,085 32,563 33,130 Glades County Sugar Growers Co-op! 2,887 19,936 1.812 1.613 17,734 17,349 Association...... 46,210 3.804 33,874 3.218 47,236 0 0 47,236 Osceola Farms Co...... II-IIIIHIIIII 52,676 4.337 36,056 4.294 3.785 41,610 43,820 South Puerto Rico Sugar Co., I n c ...... _I 3.425 53,666 1,360 961 54,627 4.967 4.281 81,777 6.733 66,975 6.362 75,744 9,708 47,066 49,785 Sugarcane Growers Co-op. of Florida__I ” 115,766 6,861 82,605 7.510 6.814 74,914 74,914 9.531 84,763 8.052 118,027 3 2 118,029' Talisman Sugar Corp ...... I. 51,857 4.269 27,444 10.731 9.475 104,169 109,490 United States Sugar Corp______2.607 52,727 129 91 52,818 4.802 4.043 243,501 20.048 194,907 18.514 209,255 39,144 44,451 48,913 27,662 236,917 21.540 20.039 220,315 215,534 Florida, subtotal . 647,321 53.294 487,104 46.270 609,417 54,487 38,505 647,922 58.907 53.012 582,822 592,935 Total, all mainland c a n e .... 214,621 100.000 1,052,736 100.000 779,179 453,846 320,721 099,900 100.000 100.000 1,099,900 1,099,900

for each individual processor by multiplying the percentage in col (10) times the 1»!aS T t S X X f i tor laJmn ? ™ fence betf ee? 1.099.900 tons (quota for 1967 established by S.R. 811, effLti™ t Louisiana State University) and the total Jan. 1, 1967 isr .“iia g a g a 'a ,) and such basic allotments of other processors (those having Jan. 1, 1967 effective of32 0 f P™“ 8 amounting to 779,179 tons. This different inventories not m excess of their basic allotments) were reduced proportionately marketing. nS p orated on the basis of each processor’s average 1964-66 new-crop as necessary to make total adjusted allotments equal to the quota in short tons raw value, less 100 tons set aside for Louisiana State University. Upward adiust- '•marketfe’^ i by wSlght!?lL “processings” col. (2) by 60 percent, nn 5gi* _£?1- i 4) bY 20 Percent, and “ability” col. (9) by 20 percent Col ments in allotments (not to exceed a total of 16,000 tons) were made, first by increasing S te le ^ fiv e m ^ b t M n W f e Quota, le^ 100 tons reslrved for Louisiana “ y Processor having a Jan. 1, 1967, physical iiventm y in S ^ I tons v« by. Col. (10) and revising such resultmg allotments by adding 500 ?«fiio abo*;men*:,Iu the extent of such excess; and second, the remainder of the ately bv a total of mn tv,' Tu ®urtoJ1 Industries, Inc., and reducing proportion- iQfwWAtffSfviWaSiPr0rai e<^ to increase the allotments of other processors having Jan l roaii/JvA-■ 600 tons the allotments of processors who were recipients of deficit nSiitte^oZ.h i^ ? t2nes 111 ei?ess of their basic allotments in a manner that reallocations in 1966 as provided in finding (5)P(c). S u c h r e d u X ^ m M fh to percentage, but not more than . (Ji The order shall be revised without ords of the Department; and (c) revising ing allotments in excess of a specified turther notice or hearing for the purpose allotments to give effect to any increase oi (a) alloting any quantity of an allot­ quantity should be limited in accordance or decrease in the quota made by the with the written statement of release ment to other allottees when written Secretary pursuant to the provisions of notification of release by an allottee of by any such allottee. In making changes the Sugar Act of 1948, as amended. Any under (b) of this finding (8) allotments A?vi,par^ of an allotment becomes a part revision in allotments made to give effect shall be computed in the same manner as w the official records of the Department, to (a) above shall be made by increasing tu i re*visinS allotments by the substitu- provided for in this order. Any revision proportionately the allotments as pro­ of allotments, made to give effect to wL°t: revised or corrected data which vided in finding (5) (g), except that the nave become a part of the official rec- changes in the quota under (c) of this quantity prorated to any allottee releas- finding (8), should be made as provided

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6192 RULES A N D REGULATIONS Allotm ents in finding (5) (h) subject to limitations or persons involved has occurred, or (2) (Short tons, the allottee receiving such permission will in accordance with any written state­ Processors raw value) ment of release by any allottee. process 1967-crop sugarcane which the Albania Sugar Co— ------8 ,7 9 7 allottee relinquishing allotment has be­ (9) Official notice will be taken of (a) Alma Plantation, Ltd.______— - — 8 ,6 8 4 come unable to process. written notification to the Agricultural J. A ron & Co., I n c — ------11» 796 Stabilization and Conservation Service B iU eaud S u gar F a cto ry ------8, 531 (d) Exchange of sugar between allot­ by an allottee that he is unable to fill all Breaux Bridge Sugar Co-op ------7 ,8 9 8 tees. When approved in writing by the or a part of his allotment when the no­ Wm, T. Burton Industries, Inc ------6 ,2 6 1 Administrator, Agricultural Stabilization tification becomes a part of the official C aire & G rau gn ard ------J------4, 700 and Conservation Service of the Depart­ records of the Department, (b) substitu­ Cajun Sugar Co-op, Inc— .------— 18,639 ment, any allottee holding sugar or liquid Caldwell Sugars Co-op, Inc ------— 11 ,2 5 9 sugar acquired by him within the allot­ tion of revised or corrected data where Columbia Sugar Co__— ------7, 469 such data becomes a part of the official Cora-Texas Manufacturing Co., Inc— 7,960 ment of another person established in records of the Department, and (c) any Dugas & LeBlanc, Ltd ------12, 710 paragraph (a) of this section, may ship, regulation issued by the Secretary, after Duhe & Bourgeois Sugar Co------_ 8 ,9 9 2 transport, or market up to an equivalent publication in the F ed e r a l R e g is t e r , Erath Sugar Co., Ltd ----- —— ------5 ,6 1 8 quantity of sugar processed by him in which changes the 1967 Mainland Cane Evan Hall Sugar Co-op, Inc___ ------19, 647 excess of his allotment established in Sugar Area quota. Frisco Cane Co., Inc ______? 2, 524 paragraph (a) of this section. The sugar Glenwood Co-op, Inc ------1 3,886 or liquid sugar held under this paragraph (10) To facilitate full and effective Helvetia Sugar Co-op, Inc_— ------1 0 ,9 6 4 use of allotments, provision shall be made Iberia Sugar Co-op, Inc ------— ------16, 664 shall be subject to all other provisions in the order for transfer of allotments LaFourche Sugar Co------.—:------15,795 of this section as if it has been processed under circumstances of a succession Harry L. Laws & Co., Inc------12, 065 by the allottee who acquired it for the of interest, and under circumstances in­ Levert-St. John, Inc ------11, 111 purpose authorized by this paragraph. Little Texas, Inc__ ------.------4 ,731 (e) Delegation. The Administrator, volving an allottee becoming unable to Louisa Sugar Co-op, Inc— ------' 1 0,208 process sugarcane and such sugarcane L o u isia n a S t a te P e n ite n tia r y ------3 ,3 8 2 Agricultural Stabilization and Conserva­ as he would normally process, if operat­ Louisiana State University ------95 tion Service of the Department, is hereby ing, is processed by other allottees. Meeker Sugar Co-op, Inc ------9 ,6 3 4 authorized to revise the allotments es­ (11) To aid in the efficient movement M illik en & F arw ell, I n c ------8, 847 tablished under this order without fur­ and storage of sugar, provision shall be M. A. P a to u t & S on , L td ------14, 234 ther notice or hearing in accordance made to enable a processor to market a Poplar Grove Planting & Refining with findings and conclusions heretofore C o ______— ___ - ____ — 7 ,7 7 5 made, to give effect to (1) the substitu­ quantity of sugar of his own production Savoie Industries______—.------— 12, 772 tion of revised or corrected data, ( ) in excess of his allotment equivalent to S t. J a m es Su gar C o-op, I n c ------1 8 ,0 0 4 2 the quantity of sugar which he holds in St. Mary Sugar Co-op, Inc ------12 ,6 9 0 the reallocation of any quantity of an storage and which was acquired by him South Coast Corp______— 56 ,2 9 7 allotment released by an allottee, and within the allotment of another allottee. Southdown, Inc ______3 2 ,9 2 0 (3) any change in the Mainland Cane Sterling Sugars, Inc ------2 3 ,3 1 5 Sugar Area quota. (12) On the basis of an agreement of Sunshine Processing Co., Inc ------2 ,0 9 5 (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153. Secs. the stockholders of Milliken and Farwell, J. Supple’s Sons Planting Co., Inc— 4,772 205, 209; 61 Stat. 926, as amended, 928, as Valentine Sugars, Inc ______- — 8 ,8 8 8 Inc., a division of the assets of that com­ amended; 7 U.S.C. 1115,1119). pany has been effected in that Milliken Vida Sugars, Inc ______—I------5 ,0 2 8 and Farwell, Inc., continues to own and A. Wilbert’s Sons Lumber & Shingle Effective date. This docket will be­ operate Smithfield factory and Little C o ______9 ,0 0 1 come effective when filed for public in­ Texas, Inc., a new corporation now owns Y o u n g ’s In d u str ie s, I n c ------5 ,9 8 6 spection in the Office of the Federal and will operate the Little Texas factory Louisiana subtotal______4 8 2 ,6 4 4 Register. formerly owned and operated by Milliken Signed at Washington, D.C., this 14th and Farwell, Inc. Separate allotments Atlantic Sugar Association...------3 1 ,4 7 4 day of April 1967. shall be established in this order for Mil­ F lo rid a Su g a r C orp------— — 16, 482 liken and Farwell, Inc., and Little Texas, G lad es C o u n ty Sugar Growers J o h n A . S c h n it t k e r , Inc., on the bases of historical produc­ Co-op Association ______- 41, 629 Acting Secretary. tion, marketing, and inventory data of Osceola Farms Oo______.______4 7 ,2 9 6 South Puerto Rico Sugar Oo., Inc— 71,168 [F.R. Doc. 67-4289; Filed, Apr. 19, 1967; their two respective factories. S u g a r c a n e Growers Co-op of 8 :4 5 a.m .] (13) Allotments established in the F lo r id a ___i______;------104, 015 foregoing manner and in the amounts Talisman Sugar Corp______4 6 ,4 6 7 set forth in the order provide a fair, effi­ United States Suggr Corp------204, 757 cient, and equitable distribution of any Title 32— NATIONAL DEFENSE 1967 Mainland Cane Sugar Area quota F lorid a s u b to ta l______563 ,2 8 8 that may be established for consumption Chapter I— Office of the Secretary of within the continental United States and U n a llo tte d ______.— -<— ------54, 068 Defense meet the requirements of section 205(a) Total, all mainland cane _____ 1,100,000 SUBCHAPTER B— PERSONNEL; MILITARY AND of the Act. CIVILIAN Order. Pursuant to the authority (b) Marketing limitations. Market- vested in the Secretary of Agriculture by lngs shall be limited to allotments as PART 49— POLICIES GOVERNING AS­ section 205(a) of the Act, it Is hereby established herein subject to the prohi­ SIGNMENTS OF MILITARY PERSON­ ordered that § 814.5 be amended to read bitions and provisions of § 816.3 of this NEL TO DUTY IN VIETNAM as follows: chapter (23 F.R. 1943). (c) Transfer of allotments. The Ad­ The Deputy Secretary of Defense ap­ § 814.5 Allotment of the 1967 sugar ministrator, Agricultural Stabilization proved the following on March 31, 1967: quota for the Mainland Cane Sugar Area. and Conservation Service of the Depart­ Sec. ment, may permit marketings to be 49.1 Purpose and scope. (a) Allotments. For the period Jan­made by one allottee, or other person, 49.2 Applicability. uary 1, 1967, until the date allotments within the allotment established for an­ 49.3 Definitions. of the entire 1967 calendar year sugar other allottee upon relinquishment by 49.4 Policy. quota for the Mainland Cane Sugar such allottee of a quantity of its allot; 49.5 Procedures. Area are prescribed, 1,045,932 short tons, ment and upon receipt of evidence sat­ Authority: The provisions of th is Part 49 . raw value, of the 1967 quota for the isfactory to the Administrator that (1) issued under 5 U.S.O. 301. Mainland Cane Sugar Area is hereby al­ § 49.1 Purpose and scope. lotted to the following processors in the a merger, consolidation, transfer of quantités which appear opposite their sugar-processing facilities, or other ac­ This part establishes uniform policies respective names: tion of similar effect upon the allottees and procedures concerning the assign*

FEDERAL REGISTER. VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6193 ment of military personnel to Vietnam § 49.5 Procedures. except during periods of war or national § 536.191 General. emergency hereafter declared by the (a) Deferment requests. Only the Public Law 89-738, approved Novem­ Congress when the provisions of this part service member concerned may request ber 2, 1966, gives the military depart­ will be superseded. an assignment deferment' under § 49.4 ments authority to adjust the deposit (a) and (b). accounts of enlisted members and former § 49.2 Applicability. (1) Such requests for deferment should enlisted members who lost interest on The provisions of this part apply to the normally be submitted within fifteen (15) savings under the Soldier’s Deposits Pro­ military departments. days after receipt of orders, assignment gram because they did not withdraw their instructions, unit alert, or scheduled § 49.3 Definitions. deposits upon discharge and immediate movement. reenlistment or upon retirement and im­ As used in this part, the following (2) A military member who has sub­ mediate recall to active duty. This law definitions will apply: mitted an application for deferment of has application in any case where, for (a) “Family members” are considered his assignment should be retained in the reasons stated above, a member failed to include a husband and wife, or the place until action on his application is to receive interest on his deposits which father, mother, sons, and daughters, and finalized. he would have earned during the period all sisters and brothers as defined in sec­ (b) Reassignment from Vietnam. July 15, 1954, through August 13, 1966. tion 501, title 37, U.S.C. (1) Where two or more members of the The provisions of Public Law 89-738 ex­ (b) “Serving in Vietnam”includes: same family are serving in Vietnam and pire 2 years following the date of its (1) Any member assigned to a mili­ more than one application for reassign­ enactment. Claims coming under its tary unit which is located within the ment based on family service is received, purview may not be accepted after that geographic boundaries of South Vietnam. the member with the longest Vietnam date. (2) Any member aboard a nonrotating service period should be given priority naval unit operating inshore and based reassignment consideration. § 536.192 Circumstances leading to re­ in South Vietnam. (2) Where multiple requests for re­ lief legislation. (3) All aircrew members while sta­ assignment based on a family death as a The words “upon final discharge” con­ tioned ashore or afloat in Southeast Asia result of service in Vietnam are received, tained in the Act of July 15, 1954, were and normally engaged in flying combat all requesting members will be reassigned interpreted to mean separation without missions. from. Vietnam at the earliest practicable immediate reentry into the service. date for a period of at least six (6) Therefore, regulations issued pursuant § 49.4 Policy. months following the date of death. to that act provided that members who Assignments to duty in Vietnam will be (3) Reassignments made under this were discharged and immediately re­ shared as equitably as practicable by all policy may be to other overseas areas in enlisted or who were retired and imme­ members of the Armed Forces, except as Southeast Asia. diately recalled to active duty were not follows: (c) General. (1) All requests must required to withdraw and redeposit their (a) Family service. (1) Where one be in writing and submitted in accord­ savings in order to continue to draw member of the Armed Forces is serving ance with instructions to be prescribed interest. However, the Comptroller Gen­ with a military unit in Vietnam, another by the military departments in imple­ eral of the United States held in his member of the same family, upon his mentation of this part. decision of April 15, 1958 (37 Comp. request, will be deferred from assign­ (2) All military personnel being proc­ Gen. 681), that interest does not accrue ment to that country until completion of essed for assignment to Vietnam will be after the date of discharge, and, if the the first member’s tour. specifically advised of the assignment member wishes to continue to draw in­ (2) Family members will be similarly deferments for family members estab­ terest, the money must be withdrawn and deferred, upon request, during a period lished by this part. redeposited. in which another family member is in a captured or missing status incident to M a u r ic e W . R o c h e , §536.193 Me Ih od of computing Vietnam service. Director, Correspondence and amounts due. Directives Division, OASD In arriving at the amount of adjust­ (3) Deferments are not authorized in {Administration). those instances where a member is serv­ ment due current depositors or settle­ ing in Vietnam on temporary duty orders [F.R. Doc. 67-4311; Filed, Apr. 19, 1967; ments due former depositors (in- or out- for a period of less than thirty (30) days. 8 :4 5 a.m .] of-service), the Finance Center, U.S. (b) Family deaths. Where a member Army, will reconstruct the accounts in­ of a family is killed or dies as a result Chapter V— Department of the Army volved, recomputing on the basis that of Vietnam service, othqr members of the member actually withdrew and re­ the same family will, upon request, either SUBCHAPTER B— CLAIMS AND ACCOUNTS deposited his deposits on the date of be deferred from assignment to Vietnam PART 536— CLAIMS AGAINST THE reenlistment or recall to active duty. for a period of at least six (6) months UNITED STATES § 536.194 Automatic settlement situa­ following date of death or, if serving in tions. Vietnam, be reassigned therefrom for the Relief for Members and Former Mem­ / same minimum period. bers Who Lost Interest on Soldiers If the member is currently serving on (c) Age limitations. Military person- active duty and has an active account Deposits which was continued after August 13, v are under 18 years of age are not eligible for assignment to service in Viet­ New §§ 536.191-536.198 are added, as 1966, under the provisions of paragraph nam, but may be assigned to sea duty or follows: 21322 or 21323, AR 37—104, his account 10 “ufy in other overseas areas. S ec. will be automatically credited with any (d) sole surviving sons. Military per- 536.191 General. amount computed to be due under Pub­ onnel who are qualified sole surviving 536.192 Circumstances leading to relief lic Law 89-738. This adjustment will *>ns as provided in DoD Directive 1315.2 legislation. b© accomplished by the Finance Center, bole Surviving Sons,” dated July 29, 536.193 Method of computing amounts due. U.S. Army. No action is required of the 536.194 Automatic settlement situations. depositor-member in such case. ¿abb and who either have requested non- 536.195 Situations requiring the filing of a mbat duty, or have not waived a re- c la im . § 536.195 Situations requiring the filing quest submitted by a parent, may not be 536.196 Procedure for filing claims (where of a claim. assigned to duty in Vietnam. necessary). Claim action as prescribed in § 536.196 , (®} Conscientious objectors. The as- 536.197 Validation of payments previously m a d e. must be taken by individuals in the fol­ of valid conscientious objectors 536.198 Entitlement. lowing categories in order for them to H.Yietnam shall be subject to the restric- receive the benefits of Public Law 89- ‘TTffr Sel forth 111 0015 Directive 1300.6, Authority: §§ 536.191-536.198 issu ed u n ­ der sec. 3012, 70A Stat. 157; 10 U.S.C. 3012. 738, November 2,1966. of Conscientious Objectors (a) Members currently serving on ac­ Ohiof+-°cec^ures Eased on Conscientious Interpret or apply Public Law 89-738, Nov 2 ejection, ’ dated August 21, 1962. 1966. ' ' tive duty whose claims are based on Source: DA Circular 35-13, Dec. 23, 1966. previous, or closed, accounts. (The No. 76- FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6194 RULES AND REGULATIONS Johnny Creek Campground fact that the member is again partici­ regulations to reflect more accurately the pating in the program, with a reopened pricing requirements of the Act of June T . 24 N ., R . 16 E., account currently in effect, is immaterial. 24, 1926 (44 Stat. 741), as amended (43 Sec. 2r NE% lot 13, &% lo t 13, and A cfoim must be filed, in such case, in U.S.C. 869-869-4). Since these amend­ Nw>/4 s w y 4 . order for the member to receive the ben­ ments are limited to a clarification of Eight Mile Campground efits of Public Law 89-738, Nov. 2, 1966.) existing regulations and their conform­ ance with the law, notice and public T. 24 N., R. 17 E„ (b) Former members, retired mem­ Sec. 30, NE% lot 1, NWi/4NEy4NWi/4l and bers, and reservists not presently on ac­ procedure thereon have been deemed un­ sy2NEy4Nwy4. tive duty who participated in the Sol­ necessary, and the amendments become dier’s Deposits Program during the pe­ effective on the date of publication in the Wenatchee River Campground F e d e r a l R e g is t e r . riod they were on active duty. T. 27 N., R. 17 E., (c) Designated beneficiaries of de­ 1. Sections 2232.2-3 (a), (b), and (c) Sec. 27, lots 4, 5, and NW^NW'/J, ceased personnel who have entitlement are amended to read as follows: under Public Law 89-738, November 2, § 2232.2-3 Price. Nason Creek Campground 1966. (a) Conveyances under the act for T. 27 N., R. 17 E., § 536.196 Procedure for filing claims historic monument purposes to a State, Sec. 33, Ei/aEi/aNEiA, SWy4NE>/4NE>/4, (w here necessary). county, or other State or Federal in­ NW^SE^NE^. Individuals categorized in § 536.195 strumentality or political subdivision, Company Creek Campground may be paid amounts due them under will be made without any monetary Public Law 89-738 provided they file a consideration. T. 33 N., R. 17 E., unsurveyed, eia-im in the form of a personal letter (b) Sales to nonprofit associations or Sec. 22, all national foest land lying be­ to the Chief, Inquiries and Determina­ nonprofit corporations will be made at tween HES-205 and Stehekin River. tions Divisions, Allotment Operations, prices fixed through appraisal of the fair Tronsen Campground Finance Center, U.S. Army, Indianapolis, market value of the land, taking into Ind. 46249, before the expiration of 2 consideration the purposes for which the T.21 N.,R. 18 E., years from the date of enactment of the lands will be used. Sec. 3, SW&SW^NE^, NE^NE^SWy4, law. The member’s service number and (c) All other sales will be made at sy2NE^4SW%, N^SE&SW ^, and W»/2 address to which settlement check is to prices fixed through appraisal of the fair N W & S E ^ . be mailed should be included in the letter. market value of thé lands or otherwise, Bonanza Campground § 536.197 Validation of payments pre­ taking into consideration the purpose for T. 22 N., R. 18 E., viously m ade. which the land will be used. * . * * * * Sec. 20, Ey2SE^NE%; Under the provisions of Public Law sec. 21, swy4sw y4Nwy4. 89-738, all payments heretofore made C h a r l e s F . L u c e , which would, but for the fact of such Under Secretary of the Interior. Lake Creek Campground payment be payable under this relief A p r il 13, 1967. T. 28 N., R. 18 E., unsurveyed, legislation, are validated. If, however, the member has refunded the payment [F.R. Doc. 67-4327; Filed, Apr. 19, 1967; Sec. 12, SW%SWy4SEi4? he received under such circumstances, 8 :4 6 a x a .] Sec 13, NW14NE14. he may now make claim for reimburse­ Halfway Spring ,1Campground ment of that amount, following the procedure prescribed in § 536.196. APPENDIX— PUBLIC LAND ORDERS T. 29 N„ R. 19 E., unsurveyed, [Public Land Order 4193] Sec. 31, Sy2SW%NE^, SE^SE^NWi/4. § 536.198 Entitlement. NE&NE^SW&.and NyaNW&SE^. [Oregon 017510] The entitlement portion of §§ 536.191- South Navarre Campground 536.198 has been approved by the De­ WASHINGTON partment of Defense Military Pay and T. 30 N., R. 20 E., unsurveyed, Allowance Committee under procedures Withdrawal for National Forest Ad­ Sec. 9, E»/2SE ^. ministrative Site and Recreation prescribed by the Secretary of Defense SNOQTTALMIE NATIONAL FOREST in accordance with 37 U.S.C. 1001. Areas Naches Ranger Station Administrative Site K e n n e t h G. W ic k h a m , By virtue of the authority vested in Addition (formerly known as Currants Major General, U.S. Army, the President and pursuant to Executive The Adjutant General. Order No. 10355 of May 26,1952 (17 F.R. Flat Station) [F.R. Doc. 67-4310; Filed, Apr. 19, 196T; 4831), it is ordered as follows: T. 16 N., R. 14 E., 8 :4 5 a.m .] 1. Subject to valid existing rights, and Sec. 1, those parts of lot 9 and SE^SE'/i the provisions of existing withdrawals, south and west of the Naches River. the following described national forest The areas described aggregate 849.44 Title 43— PUBLIC LANDS: lands are hereby withdrawn from appro­ acres in Kittitas, Chelan, and Yakima priation under the mining laws (30 U.S.C. Counties. INTERIOR Ch. 2), but not from leasing under the 2. The withdrawal made by th is order Chapter II— Bureau of Land Manage­ mineral leasing laws, in aid of programs does not alter the applicability of those ment, Department of the Interior of the Department of Agriculture: public land laws governing the use of the SUBCHAPTER B— LAND TENURE MANAGEMENT W il l a m e t t e M e r id ia n national forest lands under lease, license, (2000) WENATCHEE NATIONAL FOREST or permit, or governing th e 'disposal of [Circular No. 2226] Crystal Springs Campground their mineral and vegetative resources PART 2230— SPECIAL USES T. 21 N., R. 12 E., other than under the mining laws. Sec. 14, wy2NWi4SW%. Ny2sw% sw i4.^ Subpart 2232— Recreation and Public H a r r y R . A n d e r so n , Purposes Act - Owhi Campground Assistant Secretary of the Interior. T. 22 N., R. 13 E., A p r il 10, 1967. P r ic in g f o r H is t o r ic M o n u m e n t s Sec. 2, SW%NW%NEi4, N^SW%NE}4, The purpose of this amendment-is to NW14SE&NEV4, Sy2SE]4NEVt, NEi/4- [F.R. Doc. 67-4326; Filed, Apr. 19, 1987} rephrase the pricing provisions of the NW^NW^4, NEi,4NW}4, NVfcNE&SEft. 8 :4 6 a.m .]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 RULES AND REGULATIONS 6195 in the United States, the sole business of Title 12— BANKS AND BANKING the company is to act as an intermediary Federal Reserve Bank of— Rate Effective Chapter II— Federal Reserve System between domestic manufacturers and foreign consumers. Moreover, the com­ Boston______4 Apr. 7,1967 SUBCHAPTER A— BOARD OF GOVERNORS OF pany is exclusively concerned with the New York______4 Do. THE FEDERAL RESERVE SYSTEM Philadelphia______4 Do. effecting of international transactions Cleveland______4 Do. [B eg. K ] and its activities in the United States Richmond______4 Do. Atlanta______4 Apr. 10,1967 are entirely directed to that end. Ac­ 4 PART 211— corporations e n ­ Chicago______Apr. 7,1967 cordingly, it was the judgment of the St. Louis______4 Apr. 14,1967 g a g e d IN FOREIGN BANKING Minneapolis______4 Apr. 7,1967 Board that the activities of the company Kansas City______4 Do AND FINANCING UNDER THE FED­ in the United States are “incidental to its Dallas...... 4 Do. ERAL RESERVE ACT international or foreign business”. San Francisco______4 Do. (f) Inasmuch as the activities of the Stock Acquisitions company in the United States conform 2. Section 224.3 is amended to read as to the requirements contained in the follows: § 211.103 Acquisition of stock of combi­ eighth paragraph of section 25(a) of the nation export manager. Federal Reserve Act, and the acquisition § 224.3 Advances to member banks (a) The Board of Governors has been of a stock interest therein by an Edge under section 1 0 (b ). presented with the question whether a corporation would otherwise be likely The rates for advances to member corporation organized under section to further the foreign commerce of the banks under section 10(b) of the Federal 25(a) of the Federal Reserve Act (an United States, the Board concluded that Reserve Act are: “Edge corporation”) may acquire arid such an acquisition and holding would hold a noncontrolling stock interest in a be permissible and appropriate. company engaged in the United States in (g) In view of the serious and difficult Federal Raserve Bank of— Rate Effective the business of combination export man­ questions presented by the foregoing ap­ ager. plication, the Board emphasized that its Boston...... 4)4 Apr. 7,1967 decision was based on the particular facts New York...... 4J4 Do. (b) The company and the clients for Philadelphia______4)4 Do. which it acts as export sales manager of this case, and that applications by Cleveland______... 4)4 Do. Edge corporations for permission to make Richmond______4)4 Do. are located in the United States. Atlanta...... 4)4 Apr. 10,1967 Through designated agents and distribu­ similar acquisitions will necessarily be Chicago______4)4 Apr. 7,1967 tors abroad, the company obtains foreign decided on their own merits. Because of St. Louis______4)4 Apr. 14,1967 Minneapolis...... 4)4 Apr. 7,1967 orders for its clients in the United States the closeness of this case, the Board also Kansas C ity ...... 4)4 Do. or, against firm orders from abroad, it­ stated that Edge corporations may wish Dallas...... '______4)4 Do. self purchases merchandise from them to obtain the prior specific consent of San Francisco______4)4 D o . and reinvoices it for export. In no case the Board before making investments of does the company maintain inventories the kind described herein, even though 3. Section 224.4 is amended to read as of unsold merchandise, nor does it make a proposed investment technically might follows: any sales in the United States. fall within the general consent provisions (c) The eighth paragraph of section of § 211.8 (a). § 224.4 Advances to persons other than m em ber banks. 25(a) of the Federal Reserve Act (12 (12 U.S.C. 615. Interprets or applies 12 U.S.C. U.S.C. 615) authorizes an Edge corpora­ 615) The rates for advances to individuals, tion, with the consent of the Board, “to partnerships, or corporations other than purchase and hold stock or other certifi­ Dated at Washington, D.C., this 13th day of April 1967. member banks secured by direct obliga­ cates of ownership in any other corpo­ tions of the United States under the last ration organized * * * under the laws By order of the Board of Governors. paragraph of section 13 of the Federal of any foreign country or a colony or Reserve Act are: dependency thereof, or under the laws [ s e a l ] M e r r it t S h e r m a n , of any State, dependency, or insular Secretary. possession of the United States but not [F.R. Doc. 67-4323; Filed, Apr. 19, 1967; Federal Reserve Bank of— Rate Effective engaged in the general business of buy­ 8 :4 6 a jn .] ing or selling goods, wares, merchandise, Boston...... 5 , Apr. 7,1967 or commodities in the United States, and New York______Dec. 6,1965 PART 224— DISCOUNT RATES Philadelphia______5 Apr. 7,1967 not transacting any business in the Cleveland______6H Do. United States except such as in the judg­ ______5Richmond Do. Changes in Rates Atlanta______6 Apr. 10,1967 ment of the Board * »* * may be inciden­ Chicago______5 Apr. 7,1967 tal to its international or foreign Pursuarit to section 14(d) of the Fed­ St. Loiiis______5 Apr. 14,1967 business”. eral Reserve Act (12 U.S.C. 357), and Minneapolis______5 Apr. 7,1967 Kansas City_____ 5 Do. (d) The Board recognized the close­ for the purpose of adjusting discount Dallas...... '______5 Do. ness of the question whether the com­ rates with a view to accommodating San Francisco______5 Do. p ly is engaged in the general business commerce and business in accordance of buying or selling goods in the United with other related rates and the general For the reasons and .good cause found States, it concluded, however, that the credit situation of the country, Part 224 as stated in § 224.7, there is no notice, activities of the company iii acting as is amended as set forth below; public participation, or deferred effective agent or broker for foreign clients where 1. Section 224.2 is amended to read as date in connection with this action. there is no market risk on the part of follows: (12 U.S.C. 248(1). Interprets or applies 12 the company, or in acting as principal § 224.2 Advances and discounts for U.S.C. 357) where there are offsetting firm orders for member banks under sections 13 and foreign clients, would not cause it to be 13a. Dated at Washington, D.C., this’ 13th engaged in the general business of buy­ day of April 1967. ing or selling goods, wares, merchandise, The rates for all advances and* dis­ commodities in the United counts under sections 13 and 13a of the By order of the Board of Governors. States * * Federal Reserve Act (except advances under the last paragraph of such section [ s e a l ] M e r r it t S h e r m a n , (e) While the activities of the com­ 13 to individuals, partnerships, or cor­ Secretary. pany are closely related to those of com­ porations other than member banks) panies engaged in a commercial business [F.R. Doc. 67-4324; Filed, Apr. 19, 1967; are: 8:4 6 a.m .]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6196 Proposed Rule Making

birds except doves at all times while be­ termediate buyer’s record report will be DEPARTMENT OF THE INTERIOR ing transported by any means whatso­ discontinued. ever from the place where taken until ^ . G e n e r a l Fish and Wildlife Service they have arrived at the personal abode Sec. [ 50 CFR Part 10 1 of the possessor or a commercial preser­ 730.1 Basis and purpose. vation facility, whichever occurs first. 730.2 Definitions. MIGRATORY BIRDS 730.3 Instructions and forms. One fully feathered wing must remain 730.4 Normal yields. Hunting Methods and attached to each migratory game bird, including doves, while being transported Farm Marketing Quota and F arm Transportation by any means whatsoever from the Marketing Excess Notice is hereby given that pursuant United States and/or any of its posses­ 730.5 Marketing quotas in effect. to the authority contained in section 3 of sions to any foreign country. 730.6 Farm marketing quota. 730.7 Farm marketing excess. the Migratory Bird Treaty Act of July 3, ***** 1918, as amended (40 Stat. 755; 16 U.S.C. 730.8 Notice of farm marketing excess. It is the policy of the Department of 730.9 Farms for which proper notice of the 704), it is proposed to amend Part 10, the Interior, whenever practicable, to af­ fa rm m a rk etin g q u o ta and farm Title 50, Code of Federal Regulations, ford the public an opportunity to par­ marketing excess of rice was not commonly known as the “basic regu­ issu ed . lations.” ticipate in the rule making process. 730.10 Farm marketing excess adjustment. 1. Section 10.3 (a) (1) and (3) and (c) Accordingly, interested persons may sub­ 730.11 Reports of farm marketing excess. are amended to read: mit written comments, suggestions, or 730.12 Publication of the farm allotments, objections with respect to the proposed marketing quotas, and marketing § 10.3 Hunting methods. amendments to the Director, Bureau of ex cesses. 730.13 Marketing quotas not transferable. / * * ' * - * ‘ * Sport Fisheries and Wildlife, Washing­ 730.14 Successors in Interest. (a) Permitted methods. * * * ton, D.C. 20240, within 30 days of- the 730.15 Review of quotas. (1) By the aid of dogs, artificial de­date of publication of this notice in the Identification of Rice coys, with longbow and arrow, or with F e d e r a l R e g is t e r . 730.16 Identification of rice by producer, $ shotgun (not larger than No. 10 gauge A b r a m V . T t jn is o n , and incapable of holding more than three 730.17 Identification of rice by buyer. Acting Director, Bureau of 730.18 Rice sweepings or spillage. shells) fired from the shoulder, and by Sport Fisheries and Wildlife. 730.19 Rice accumulated from samples. means of falconry ; and with the aid and 730.20 Marketing of penalty-free rice. A p r il 17,1967. use of bird calls, except recorded or elec­ 730.21 Marketing of penalty rice. trically amplified bird calls or sounds, or [F.R. Doc. 67-4307; Filed, Apr. 19, 1967; recorded or electrically amplified imita­ 8:4 5 a m .] Penalty tions of bird calls or sounds. 730.22 Rate of penalty. * * * - * * 730.23 Lien for penalty. 730.24 Interest on unremitted penalty. (3) From floating craft (except a DEPARTMENT OF AGRICULTURE 730.25 Payment of penalties by producers. sinkbox) including those with motor at­ 730.26 Payment of penalties by buyers. tached and any sailboat when beached, Agricultural Stabilization and 730.27 Remittance of penalties to the coun­ resting at anchor, or fastened within or Conservation Service t y office. tied immediately alongside of any type 730.28 Deposit of funds. 17 CFR Part 730 1 730.29 Refunds of money in excess of the of fixed hunting blind: Provided, That _ p en a lty . only on the Great Lakes, including their RICE 730.30 Stored farm marketing excess. interconnecting waterways, waterfowl, 730.31 DeUvery of the farm marketing ex­ coots, and gallinules may be taken from Marketing Quota Regulations for cess to the Secretary. a boat with motor attached when (i) the 1967 and Subsequent Crop Years 730.32 Refund of penalty erroneously, ille­ motor has been completely shut off; and gally, or wrongfully collected. (ii) the forward progress of the boat has Notice is hereby given that pursuant 730.33 Report of violations and court pro- to the authority contained in the ap­ ■ ceedings to collect penalty. ceased: Provided further, That rails (but plicable provisions of the Agricultural not including coots or gallinules) may be Adjustment Act of 1938, as amended (7 R ecords and Reports taken in all fiyways from a boat with U.S.CrT301, 1351-1356, 1362-1368, 13-72- 730.34 Records to be kept and reports to be motor attached when (iii) the source of 1376), the Department proposes to is­ made by warehousemen, mill or power has been completely shut off; (iv) elev a to r operators, o th er ^processors, the forward progress of the boat due to sue the rice marketing quota regulations and buyers. the automotive power has ceased; and for 1967 and subsequent crop years. 730.35 Availability of records. It is proposed that the regulations shall 730.36 Buyer’s special Teport. (v) the boat is immobile or is being pro­ be essentially the same as the regulations 730.37 Penalty for failure or refusal to keep pelled by paddle, oars, or pole. currently in effect for 1964 and subse­ records and make reports. * * * * * quent crop years (29 F.R. 11901), as 730.38 Records to be kept and reports to be (c) Exceptions. The provisions ofamended, except that beginning with the made by producers. this section shall not be construed to ap­ 1967 crop of rice the identification of the 730.39 Data to be kept confidential. ply to the taking of migratory birds as rice to buyers will be simplified as fol­ 730.40 - Enforcement. permitted by § 10.5; nor to alter the lows: Special P rovisions and ExEMPTior. s terms of any permit or other authoriza­ 1. Buyers of rice will be given appro­ 730.41 Farms on which the only ¿acreage of tion issued pursuant to Part 16 of this priate notice of the producers in their rice is nonirrigated rice not in ex­ subchapter. area who have excess rice which is sub­ cess of 3 acres. 2. Section 10.6(b) is amended to read: ject to the marketing quota penalty and 730.42 Experimental rice farms. the lien for such penalty. 730.43 Rice produced on a wildlife refuge § 10.6 Transportation within a State, be­ 2. The issuance of marketing cards fa rm . tween States, or to foreign countries. 730.44 Erroneous notices. and marketing certificates will be dis­ 730.45 Supervisory authority of State com­ • - * * * continued. m itte e . "" (b) One fully feathered wing must re­ 3. The use of the report and penalty 730.46 Additional authority for determina­ main attached to all migratory game receipt for rice not identified and the in- tio n s.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL.2 0 , 1 9 6 7 PROPOSED RULE MAKING 6197 Sec. (1) “Act” means the Agricultural Ad­ 730.47 D e sig n a tio n o f rep resen ta tiv es o f th e by delivery of the rice by a producer to Secretary to examine records. justment Act of 1938, and any amend­ another person dtmng the lifetime of 730.48 A pproval o f rep o rtin g a n d record­ ments or supplements thereto.- the producer which takes effect imme­ keeping requirements. (2) “Actual production” of any num­ diately and irrevocably and is made Au t h o r it y : The provisions of this subpart ber of acres of rice on a farm means the without any consideration or compensa­ issued under secs. 301, 351-356, 362-368, actual average yield per acre for the farm tion therefor. Rice shall be deemed to 372-376, 52 Stat. 38, as amended, 60, as times such number of acres. have been marketed by gift inter vivos amended, 61, as amended, 62, as amended, (3) “Actual yield” means the number when there is actual or constructive de­ 63, as amended, 64, 65, as amended, 66, as of pounds of rice determined by dividing livery of the rice to another person dur­ amended; 7 U.S.C. 1301, 1351-1356, 1362- the number of pounds of rice produced ing the lifetime of the producer. 1368. 1372-1376. on the farm by the rice acreage on the (14) “Marketing year” means the pe­ G eneral farm. riod beginning August 1 and ending July (4) “Administrator” means the Ad­ 31 of the following year, both dates § 730.1 Basis and purpose. ministrator, Agricultural Stabilization inclusive. The regulations contained in §§ 730.1 and Conservation Service, U.S. Depart­ (15) “Normal production” of any num­ to 7 3 0 .4 8 are issued pursuant to and in ment of Agriculture. ber of acres of rice on a farm means the accordance with the Agricultural Ad­ (5) “Buyer” means a person who buys normal yield of rice for the farm times j u s t m e n t Act of 1938, as amended, and or otherwise acquires rice. such number of acres. g o v e r n the following provisions for the (6) “County office” means the office (16) “Normal yield” means the num­ 1967 and subsequent crops of rice: The of the Agricultural Stabilization and ber of pounds per acre of rice established establishment of farm normal yields; Conservation County committee. as the normal yield per acre for the farm the amount, adjustment, and review of (7) “Crop year” means the calendar under § 730.4. the farm marketing quota and farm mar­ year in which the rice crop is produced. (17) “Penalty” means the penalty re­ k e tin g excess ; the identification of mar­ (8 ) “Director” means the Director, ferred toin § 730.22. k e tin g s of rice as subject to or not subject Farmer Programs Division, Agricultural (18) “Producer” means any person to the penalty and lien for the penalty; Stabilization and Conservation Service, who shares in a rice crop at the time of th e rate of the penalty and the manner U.S. Department of Agriculture. harvest, or is entitled to share in a crop in which penalties shall be paid by pro­ (9) “Excess rice acreage” means the of rice available for marketing, or in the d u c e r s and buyers; the refunding of pen­ rice acreage determined for the farm proceeds thereof. a lty overpayments; the postponement or which is in excess of the farm rice acre­ (19) “Review committee” means the a v o id a n c e of penalty on excess rice by age allotment. committee appointed by the Secretary sto r a g e , by underplanting the allotment (10) “Farm allotment” means the rice of Agriculture to review farm marketing or producing a less than normal crop in acreage allotment established for the quotas as provided in section 363 of the a subsequent year, or by delivery to the farm in accordance with applicable reg­ Act. Secretary of Agriculture; the records ulations. (20) “Rice” as used in the regulations an d reports required to be made by rice , (11) “Farm marketing excess” means of this subpart means rough rice with a p r o d u c e r s and handlers; and special pro­ the amount of rice determined for any maximum moisture content of 14 per­ v isio n s and exemptions applicable to farm under § 730.7 or § 730.10, whichever cent. Rice with a moisture content in farms on which the acreage of nonir- is applicable. excess of 14 percent will be adjusted to rigated rice is three acres or less, rice (12) “Farm marketing quota” means the equivalent of 14 percent moisture p r o d u c e d by publicly owned experiment the rice marketing quota established for content. stations, and rice planted for wildlife the farm under § 730.6. (21) “Rice acreage” means the acre­ feed . (13) “Market” means to dispose of age planted to rice and the acreage of rice in raw or processed form by volun­ § 730.2 Definitions. volunteer rice which reaches maturity, tary or involuntary sale, barter, or ex­ excluding (i) any acreage of nonirri- (a ) General terms. In determining change, or by gift inter vivos. gated rice produced on any farm on th e meaning of the provisions in this (i) The terms “marketed,” “market­which such acreage is 3 acres or less, su b p a r t, unless the context indicates ing,” and “for market” shall have mean­ (ii) any acreage-of sweet, glutenous, or otherwise, words imparting the singular ings corresponding to the term “market” candy rice, commonly known as Mochi in c lu d e and apply to several persons or in the connection in which they are used. Gomi, (iii) any acreage of rice grown th in g s, words imparting the plural in­ (11) The term “sale” means any trans­ for experimental purposes only by or clu d e the singular, words imparting the fer of title to rice by a producer to an­ under contract to a publicly owned agri­ m a s c u lin e gender include the feminine other person by any means other than cultural experiment station, (iv) any as w e ll, and words used in the present barter, exchange or gift inter vivos. The acreage of rice in excess of the allot­ te n se include the future as well as the penalty on excess rice is due regardless ment on a wildlife refuge farm consist­ p r e se n t. The definitions of the following of what use is made of the excess rice. ing solely of Federal- or State-owned t e n n s in Part 719 of this chapter, Recon­ Rice shall be deemed to be sold when land, if such acreage is not harvested, s titu tio n of Farms, Allotments, and either title to or actual or constructive but is left on the land for wildlife feed, B a ses, as amended, shall apply to this possession of the rice is delivered by or (v) any acreage planted to rice in excess su b p a rt: on behalf of the producer or any part of the farm allotment, or, when appli­ Community commit­ O perator: of the purchase price is paid. cable, the permitted acreage of rice tee. ,> O w ner. (iii) The terms “barter” and “ex­ under the conservation and cropland County. P erson . change” mean transfer of title to rice by adjustment programs, which is destroyed County committee. Representative of the a producer to another person in return or otherwise handled or treated (by the County office m an­ State committee. for rice or any commodity, service, or producer or from some cause beyond his ager. Secretary. property, in cases where the value of the Department. control) not later than the final date for Sharecropper. rice or such other commodity, service, or disposal of excess acreage as provided Deputy Administra­ State committee. property is not considered in terms of tor. State executive di­ in Part 718 of this chapter, Determina­ Farm. rector. money, or the transfer of title to rice by tion of Acreage and Compliance, so that Landlord. T en a n t. a producer to another person in payment rice cannot be harvested therefrom, and OGC representative. of a fixed rental or other charge for land, (vi) any acreage seeded to rice outside The phrase, expiration of time limita­ or the payment of, an amount of rice in of the field border levee where such lieu of a cash charge for harvesting or levee is bounded by a fence or other tio n s i s defined in Part 720 of this milling rice (commonly called toll rice). c n a p te r , General Policy and Interpre­ barrier which would make it impossible Rice shall be deemed to have been mar­ to harvest or destroy the rice from such io n s , and shall have the meaning keted by barter or exchange when it is a s sig n e d to it therein. acreage by mechanical means, and any delivered to another person by actual or acreage seeded to rice inside of drainage . (b) -Rice program terms. The follow­ constructive delivery. ditch banks where the topography would ing terms shall have the following (iv) The term “gift inter vivos” means m e a n in g s : make it impossible to harvest or destroy any transfer of title to rice accompanied the rice from such acreage by mechani- FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6198 PROPOSED RULE MAKING cal means, provided the seeding opera­ for which the farm normal yield is deter­ tion for a review of the farm m a r k e t in g tions have been performed with an end mined is more than the adjusted 5-year quota, farm marketing excess, or a n y gate seeder or by airplane. A second average, the farm normal yield shall be determination made in connection t h e r e ­ planting and maturing of rice on a farm the average of the adjusted 5-year aver­ with may be had in accordance w it h s e c ­ on which one crop has been planted and age and the average of the yields deter­ tion 363 of the Act. A record o f e a c h matured in the same crop year shall be mined for the 2 years immediately notice containing the date of m ailing the considered additional acreage when preceding the calendar year for which notice to the operator of the farm sh a ll determining the farm rice acreage. the farm normal yield is determined. be kept among the permanent re co rd s (22) “State office” means the office of (e) Appraised yields. If for any yearin the county office and upon r e q u e s t a the Agricultural Stabilization and Con­ for such 5-year period data are not avail­ copy thereof shall be furnished w ith o u t servation State Committee. able or there was no actual yield, then charge to any person who is in te r e s te d thé normal yield (per harvested acre of in the rice produced on the f a r m for § 730.3 Instructions, and forms. rice) for the farm shall be appraised by which the notice is given. Each notice The Deputy Administrator shall cause the county committee taking into con­ shall contain the information n e c e ss a r y to be prepared and issued such instruc­ sideration abnormal weather conditions in each case to inform the producer as tions with respect to internal manage­ during such 5-year period, trends in to the basis for the determinations set ment and such forms as are necessary yields, the normal yield for the county, forth in the notice and the effect th e r e o f for carrying out the regulations in this the yields obtained on adjacent farms and shall be signed by a member o f th e part. during such year and the yield in years county committee on behalf o f th e for which data are available. county committee. § 730.4 Normal yields. (a) Farms for which normal yields F a r m M a r k e t in g Q u o t a a n d F arm § 7 3 0 .9 Farms for which proper notice M a r k e t in g E x c e s s of the farm marketing quota and will be determined. The county com­ farm marketing excess of rice was mittee shall determine a normal yield § 730.5 Marketing quotas in effect. not issued. for each farm for which a farm mar­ Marketing quotas when effective with ' keting excess is required to be de­ Where, for any reason, proper n o tic e respect to a particular crop of rice shall of the farm marketing qüota a n d farm termined for any crop year, for each be applicable in the continental United farm for which a request is made to marketing excess and of the p r o d u c e r ’s States. Such quotas shall be applicable right to obtain a downward a d ju s tm e n t the county committee by the opera­ to any rice of that crop notwithstanding tor, either prior to or after seeding, in the excess for his farm on a c c o u n t of that it may be available for market prior actual production, and of his r ig h t to and for each farm as required for the to the beginning of the marketing year or purposes of the provisions of § 730.30 (h) store or deliver to the Secretary the- subsequent to the end of the marketing excess established for the farm, w a s n ot and (i). Determination of farm normal year. yield shall be documented and such de­ issued to the producer in sufficient time termination, subject to review and revi­ § 7 3 0 .6 Farm m arketing quota. to allow him 30 days prior to the tim e in sion, shall be approved by the State The farm marketing quota for any which he was required to make a p p lic a ­ committee, or by the State executive farm for any crop of rice shall be that tion for a downward adjustment, o r to director, program specialist, or farmer number of pounds of rice produced less store or deliver to the Secretary the fieldman. No notice of a farm normal the amount of the farm marketing excess excess, as prescribed by §§ 730.8, 730.10, 730.30, and 730.31, the producer s h a ll be yield shall be mailed to a producer until for the farm. the yield has been approved as provided so notified by the county committee and in this paragraph. § 730.7 Farm marketing excess. the producer may, within 30 d a y s from (b) Yields based on reliable records. The farm marketing excess for any the date such notice is mailed t o h im , Where reliable records of the actual aver­ crop of rice for any farm shall be the apply to the county committee fo r a age yield in pounds per harvested acre normal production of the rice acreage on downward adjustment in the a m o u n t of for all of the 5 calendar years immedi­ the farm in excess of the farm allotment the excess and may, within 30 d a y s from ately preceding the calendar year for therefor: Provided, That such excess the date such notice is mailed, s to r e or which the yield is determined are avail­ for any crop shall not be larger than the deliver to the Secretary the e x c e s s as able to the county committee, the normal amount by which the actual production provided in §§ 730.10, 730.30, and 730.31. yield per acre of rice for the farm shall of such crop of rice on the farm exceeds If application for downward a d ju s tm e n t be determined to be the average of such the normal production of the farm allot­ in the farm marketing excess i s m ad e yields, adjusted for abnormal weather ment if the producer establishes such by the producer, a revised notice w ith conditions, other uncontrollable natural actual production as provided in § 730.10. a copy of the determination of th e causes, and for trends in yields, as pro­ The farm allotment used for the purpose county committee as provided in § 730.10 vided in paragraphs (c) and (d) of this of determining the excess pursuant to (b) shall be mailed to the operator o f section. this section shall be the farm allotment the farm, to the applicant if he is n o t (c) Adjustments for abnormal weather for the farm as determined under the such operator, and to all other in te r e s te d conditions and other uncontrollable nat­ rice acreage allotment regulations in this producers. ural causes. If on account of drought, part. The farm rice acreage used for § 7 3 0 .1 0 Farm m arketing excess adjust­ flood, insect pests, plant disease, or other the purpose of determining the excess m ent. uncontrollable natural causes, the yield pursuant to this section shall be the rice determined under paragraph (b) of this acreage for the farm as determined un­ (a) Adjustment in the amount of the section for any year of such 5-year period der Part 718 of this chapter, Determina­ farm marketing excess. _ (1) Any pro­ is less than 75 per centum of the average, tion of Acreage and Compliance. ducer having an interest in the rice p ro ­ 75 per centum of such average shall be duced on any farm for which there is an substituted therefor in calculating the § 730.8 Notice of farm marketing excess. excess may (i) within 60 days a f t e r th e normal yield per acre for the farm. If, Written notice of the farm marketing harvesting of rice is normally s u b s ta n ­ on account of abnormally favorable quota and farm marketing excess for a tially completed in the county or a r e a m weather conditions, the yield for any year farm shall be mailed to the operator of the county in which the farm is situatea of such period is in excess of 125 per each farm for which an excess is deter­ or within 30 days after a late n o t ic e or centum of the average, 125 per centum mined. Notice so given shall constitute farm marketing quota and farm m a r k e t­ of such average shall be substituted notice to each producer having an in­ ing excess is mailed, as provided m therefor in calculating the normal yield terest in tffe rice crop produced or to be § 730.9, apply in writing to the county per acre for the farm. produced on the farm. A copy of such office for a downward adjustment in tn e (d) Adjustments for trends in yields. notice shall also be mailed on the same amount of the farm marketing e x c e s s on If the average of the yields, adjusted as day to each other rice producer on the the basis of the amount of rice p r o d u c e a provided in paragraph (c) of this section farm as shown on county office records. on the farm in the applicable crop year, if applicable, determined for the 2 years Each notice shall contain a brief state­ or (ii) apply In writing to the immediately preceding the calendar year ment of the procedure whereby applica­ office at any time prior to the institution

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6199 of court proceedings to collect the pen­ tion of the harvested acreage, the esti­ in paragraph (b) of this section, with­ alty for a determination that there was mated production of any unharvested out the necessity of an application by no farm marketing excess for the farm acreage which has been classified as rice the producer. because the actual production of rice on acreage, unless the county committee de­ the farm was not in excess of the normal termines that no rice could be harvested § 730.11 Reports of farm marketing production of the acreage allotment. in any manner from the unharvested excess. (2) The date on which the harvestingexcess acreage after approval of the The county committee shall cause to of rice is normally substantially com­ downward adjustment. be filed with the State office a written pleted in the county or area in the (3) In the consideration of any appli­ report setting forth for each farm for county shall be as prescribed in subpara­ cation for an adjustment in the farm which a farm marketing excess is deter­ graph (3) of this paragraph. Unless marketing excess, the producer shall mined (a) the farm serial number, (b) application for an adjustment in the have the burden of proof. The evidence the name of each producer who has an farm marketing excess is made prior to presented by the applicant may be in interest in the excess for the farm, (c) the expiration of 60 calendar days next the form of written statements or other the farm acreage allotment, (d) the rice succeeding that date or within 30 days documentary evidence, or of oral testi­ acreage, (e) the farm normal yield, and after a late notice of farm marketing mony in a hearing before the county (f) the farm marketing excess in pounds. quota and farm marketing excess is committee during its consideration of the mailed as provided in § 730.9 or unless application. In order to expedite the § 730.12 Publication of the farm allot­ prior to the institution or court proceed­ ments, marketing quotas, and mar­ consideration of applications, the county keting excesses. ings to collect the penalty with respect committee shall receive, in advance of to the farm it is determined that there the time fixed for consideration of the A record of the farm allotments, farm was no farm marketing excess for any application, any written statement or marketing quotas, and farm marketing farm, the excess for any-farm in the documentary evidence offered by or excesses established for farms in the county as determined on the basis of the on behalf of the applicant, and -the ap­ county shall be made and kept freely normal production of the excess rice plication may be disposed of upon the available for public inspection in the acreage for the farm shall be final as to county office. the producers on the farm. A record of basis of such statement or evidence, to­ each application so made and the date gether with other information bearing § 730.13 Marketing quotas not transfer­ thereof shall be maintained in the on or establishing the facts which are able. county office. The county committee available to the county committee, un­ A farm marketing quota established shall establish a time and a place at less the applicant appears before the for a farm may not be assigned or other­ which each application will be consid­ county committee at the time fixed for wise transferred in whole or in part to ered and the applicant shall be notified considering the application and requests any other farm. of the time and place of the hearing. In­ a hearing for the purpose of offering doc­ sofar as practicable, applications shall be umentary evidence or oral testimony in § 730.14 Successors in interest. support of the .application. Every such Any person who succeeds to the inter­ considered in the order in which made. hearing shall be open to the public. (3) The established date on which rice est of a producer in a farm or in a rice harvest is normally substantially com­ (4) The coufity committee shall make crop produced on a farm for which a pleted has been determined as aforesaid its determination in connection with farm marketing quota and farm market­ in rice-producing counties to be as each application not later than 5 calen­ ing excess were established shall, to the follows: dar days next succeeding the day on same extent as his predecessor, be en­ which the consideration was concluded. titled to all the rights and privileges in­ Arkansas_____ N ov. 15 The determination of the county com­ cident to such marketing quota California____ N ov. 30 Florida______mittee shall be in writing and shall con­ marketing excess and be subject to the D o. tain (i) a concise statement of the Illinois______O ct. 15 restrictions on the marketing of rice. Louisiana____ N ov. 1 grounds upon which the applicant sought However, a successor to a deceased pro­ Mississippi ___ O ct. 31 an adjustment in the amount of the farm ducer shall not be personally liable for Missouri _____ O ct. 1 .marketing excess, (ii) a concise state­ an unpaid marketing quota penalty in­ North Carolina^ N ov. 1 ment of the findings of the county com­ Oklahoma____ curred by the producer prior to his death, N ov. 15 mittee upon the questions of fact, and but a suit may be brought to enforce the South Carolina. N ov. 1 (iii) the determination of the county Tennessee____ D o. lien for the penalty against the rice. Texas _____ committee as to the farm marketing O ct. 20 quota and the farm marketing excess. A § 730.15 Review of quotas. (b) Procedure in connection with an revised notice with a copy of the deter­ Any producer who is dissatisfied with application for an adjustment in the mination made as aforesaid shall be the farm allotment, normal yield, farm tarn marketing excess. (1) The county mailed to the operator of the farm, to marketing quota, farm marketing excess, committee shall consider each applica­ the applicant if he is not such operator, or other determination for his farm in tion on the basis of facts known by or and to all other interested producers. connection with marketing quotas, may made available to it and on the basis of (5) All county committee determina­ apply in writing for a review by a review such evidence as may be presented to it tions made in connection with applica­ committee of such determination in con­ by the applicant. tions for adjustment in the farm nection therewith. Application for re­ v. ii ,The actual production of any farr marketing excess, subject to review and view and the review committee proceed­ snail be determined in view of the rele revision, shall be approved by the State ings shall be in accordance with Part 711 including the past productio: committee or by the State executive di­ of this chapter, Marketing Quota Review «a«,*16 ^a r m > a c t u a l y i e l d s d u r i n g t h rector, program specialist, or farmer Regulations. of other farms in the com fieldman. No notice of the determina­ uiurnty; the actual and norm al yields o tion shall be mailed to the operator until I dentification o f R ic e far“ s in the com m unity which ar the determination has been approved as § 730.16 Identification of rice by pro­ fîÎK?r^W1Îh regard to farm ing practice provided in this subparagraph. ducer. ^ype °f soil, and productivity (c) Adjustment where no rice is pro­ Each producer of rice shall, at the time SfL 5?rV?sHng’ Processing, sales, an< duced. Notwithstanding the foregoing he markets any rice, identify the rice th* f 6 of the comm odity produced oi provisions of this section, whenever the ie iama; farm ing practices followed oi to the person who buys Or acquires such county committee determines that no rice as being (a) not subject to the affpSE “ 1*?.1“1 weather and other factor rice has been or will be produced in a ffectmg foe production of rice on th< particular crop year on a farm for which penalty provided under this subpart and fanü ian?*,in the locality in which thi a farm marketing excess has been deter­ not subject to the lien for such penalty, S ,l « SltuaJid- In determining actua mined, the county committee may adjust or (b) subject to the penalty provided indbid?1?11’ S® .county committee shal the farm marketing excess and notify the imder this subpart and subject to the c, in addition to the actual produc• lien for such penalty. The producer operator of such adjustment as provided shall furnish to the person who buys or

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 1967 6200 PROPOSED RULE MAKING acquires the rice, in connection with such not subject to the lien for such penalty, stantially completed in the county or identification of the rice, the following: may purchase the rise so identified with­ area in the county in which the f a r m is (1) Name and address of producer. out the payment of penalty. situated, as determined in a c c o r d a n c e with § 730.10(a) (3) , or not later t h a n 30 (2) State and county where farm on § 730.21 Marketing of penalty rice. calendar days after notice of farm m a r ­ which the rice was produced is located. Eaqh person who buys or acquires rice keting quota and farm marketing e x c e ss (3) Serial number of farm on which which is identified in accordance with is mailed as provided for in § 730.9: Pro­ the rice was produced. §§ 730.16 to 730.19 as being subject to vided, That the penalty on that a m o u n t (4) Crop year in which the rice was penalty and the lien for such penalty of the farm marketing excess delivered to produced. . shall take such rice as subject to penalty the Secretary pursuant to § 730.31 or § 730.17 Identification of rice by buyer. at the applicable rates and to the lien § 730.9 shall not be remitted: Provided Each person who buys or acquires rice for the penalty and such person shall further, That the penalty on th a t from a producer shall obtain from such remit the amount thereof to the county amount of the farm marketing ex cess producer the identification of rice re­ committee. In addition, each person who which is stored pursuant to § 730.30 or quired under § 730.16. In addition, be­ buys or acquires rise shall remit the re­ § 730.9 shall not be remitted u n t i l th e fore acquiring any rice, each person who quired penalty to the county committee time, and to the extent, of any d e p le tio n buys or acquires rice shall obtain from in each case where such person has not in the amount of rice so stored n o t au ­ the county committee of each county obtained the applicable list as required thorized as provided in § 730.30(g). where the rice being offered to him was under § 730.17. § 730.26 Payment of penalties by buyers. produced, or-from the State executive P e n a l t y (a) Buyers liable for payment of director, a list showing (a) the serial § 730.22 Rate of penalty. penalty. Each person within the United number of each farm in the county which States who buys or acquires rice which is subject to a penalty; and (b) the The rate of penalty on rice shall be 65 is subject to the lien for the penalty shall names and addresses of all producers per centum of the parity price per pound be liable for and shall pay the amount who were engaged in the production of of rice as of June 15 of the calendar year of the penalty on each pound thereof in rice on such farm in the year for which in which the crop is produced. The rate satisfaction of the lien thereon. the penalty was determined. If there of penalty applicable to the 1967 and are no farms in the county subject to a subsequent crops of rice will be published (b) Time when penalties become due. penalty for the current year’s crop or a as an amendment to the regulations in The penalty to be paid by any person who previous crop, the list shall so state. The this subpart following the announcement buys or acquires rice pursuant to p a ra ­ county committee or the State executive of the June 15 parity price annually. graph (a) of this section shall b e due at the time the rice is purchased or director shall furnish such list upon re­ § 730.23 Lien for penalty. quest to any person who buys or ac­ acquired and shall be remitted not later quires rice. The person who buys or ac­ The entire amount of rice produced in than 15 calendar days thereafter. quires any rice shall determine whether any year on any farm for which a farm (c) Manner of deducting penalties and the name of the producer and the farm marketing excess is determined shall be issuance of receipts. The person w ho number furnished him by the producer subject to a lien in favor of the United buys or acquires rice may deduct from who identifies rice under § 730.16 appear States for the amount of the penalty the price paid for any rice an a m o u n t on the list obtained for the applicable until the penalty is paid in accordance equivalent to the amount of the p e n a lty county. If the name of the producer with i 730.25 or § 730.26, or the farm to be paid by the person who b u y s or and farm number so furnished appear marketing excess is stored in accordance acquires rice pursuant to paragraph (a) on the list, or if the producer identifies with § 730.30, or delivered to the Secre­ of this section. Any person who b u y s or the rice as subject to penalty, the per­ tary in accordance with § 730.31. acquires rice who deducts an a m o u n t son who buys or acquires the rice shall § 730.24 Interest on unremitted penalty. equivalent to the penalty shall is s u e to take such rice as subject to penalty at the the person from whom the rice was pur­ applicable rate and to the lien for the The person liable for the payment or chased or acquired a receipt for th e penalty. collection of the penalty shall be liable amount so deducted. also for interest on the amount of penalty (d) Collection by buyer at a sale which § 730.18 Rice sweepings or spillage. which is not remitted in accordance with depleted stored excess rice. Any buyer Any person other than a producer § 730.25(b) or § 730.26(b), as the case within the United State who p u r c h a se s offering rice sweepings or spillage for may be, at the rate of 6 percent per rice at a sale which has the e ff e c t of sale shall obtain a certification from the annum from the final date for remitting depleting stored excess rice, including a elevator operator, warehouseman, or the penalty until the date such penalty sale for storage charges, shall be liable processor, or other grain dealer who con­ is remitted. The computation of interest for the penalty due from the p rod u cer ducts his business in a manner substan­ on any penalty due shall be made begin­ under § 730.30(g) and shall r e m it th e tially the same as an elevator operator ning with the day following the final amount of the penalty to -the co u n ty or warehouseman, certifying that the date for remitting the penalty. office within 15 days after such p u r c h a se rice had previously been marketed to the § 730.25 Payment of penalties by pro­ in the manner provided in § 730.27. person executing the certificate, if such ducers. Failure to collect from the p ro d u c er is the fact. Such certification shall be shall not relieve the buyer of his d u ty to (a) Producers liable for payment of remit the amount of the penalty. kept as part of the records of the buyer penalties. Each producer having an in­ who buys the sweepings or spillage. terest in the rice produced on any farm § 730.27 Remittance of penalties to the § 730.19 Rice accumulated from sam­ for which a farm marketing excess is county office. ples. determined shall be liable to pay the The penalty shall be delivered or Any person other than a producer amount of penalty on such excess as pro­ mailed to the county office only in legal offering for sale rice accumulated from vided in this section. The amount of the tender, or by check, draft or m oney order samples taken for grading and testing penalty for which any producer is liable drawn payable to the order of t h e A gri­ purposes shall obtain a certification from shall' nevertheless be reduced by the cultural Stabilization and Conservation the grader or tester certifying that the amount of the penalty which is paid by Service, USDA. All checks, d r a f t s and rice was an accumulation of samples. another producer or a buyer of rice pro­ money orders tendered in paym ent of Such certification shall be kept as part duced on the farm. the penalty shall be received in the coun­ of the records of the buyer who buys the (b) Time when penalties become due. ty office subject to collection a n d pay* samples. To the extent collection has not been ment at par. made prior thereto, the amount of the § 730.20 Marketing of penalty free rice. penalty with respect to the farm mar­ § 730.28 Deposit of funds. Each person who buys or acquires rice keting excess for any farm shall be re­ All funds received in the county office which is identified in accordance with mitted by the producer not later, than 60 in connection with penalties for rice sh a u §§ 730.16 to 730.19 as not subject to the calendar days after the date on which be scheduled and transmitted on t h e day penalty provided under this subpart and the harvesting of rice is normally sub­ received or not later than the next su c -

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6201 ceeding business day, to the State office, not been covered into the general fund on any excess rice in which the same where, in accordance with applicable in­ of the Treasury of the United States. producer has an interest provided the structions such funds shall be deposited § 730.30 Stored farm marketing excess. rice so stored is determined by the to the credit of the Treasurer of the county committee to be of a quality United States. In the event the funds so (a) Amount, type and grade of rice to equal to or better than the rice pro­ received are in the form of cash, such be stored. The number of pounds of rice duced on the farm with the excess. funds shall be deposited in the county in connection with any farm which may The storage of rice in nonlicensed stor­ committee bank account and a check be stored in order to postpone the pay­ age shall be effective only if the producer shall be issued in the amount thereof, ment of the penalty or with a view to submits a written statement showing the payable to the order of the Agricultural avoiding such penalty shall be that por­ exact location of the stored rice by quar­ Stabilization and Conservation Service, tion of the farm marketing excess which ter section or other comparable descrip­ USDA and transmitted to the State of­ has not been delivered to the Secretary, tive location in areas where description fice. A record shall be maintained of or on which the penalty has not been is not by quarter section. Excess rice for each amount received in the county paid. The amount of the excess for the any year which was properly stored in office, showing the name of the person purpose of storage shall be the amount of nonlicensed storage in order to postpone who remitted the funds, the identifica­ the excess as determined at the time of the payment of a penalty or with a view tion of the farm or farms in connection storage under § 730.7 or § 730.10, which­ to avoiding such penalty may be moved with which the funds were received, and ever is applicable. The amount of rice to licensed storage if, prior to the move­ the name of the person who marketed so stored shall be of those classes and ment of the rice, a written request to do the rice in connection with which the grades which are representative of the so is filed in the county office and ap­ funds were remitted. entire quantity of rice produced on the proval of the county committee is granted farm, as determined by the county com­ in writing, and if the rice is moved and § 730.29 Refunds of money in excess of mittee, except that if the rice produced stored in licensed storage in accordance the penally, on the farm consists of two or more with paragraph (c) of this section within (a) Determination of refunds. The classes or varieties of rice which mature 15 days after approval is granted. When county committee, upon its own motion and are harvested at different and dis­ all requirements for licensed storage have or upon the request of any interested tinct times and the producer stores the been met in accordance with the fore­ person, shall review the amount of excess rice from the class or variety going provisions, the bond or escrow money received in connection with the first harvested prior to the harvest of funds held in connection with the non­ penalty for any farm to determine for the remaining types or varieties, the licensed storage may be released. The each producer the amount thereof, if stored amount shall be representative penalty on any stored excess rice re­ any, which is in excess of the security of the class or variety first harvested, as moved from nonlicensed storage without required for stored excess rice or the determined by the county committee. the prior written authorization from the penalty due. Any excess amount, if (b) Kinds of storage; commingling county committee shall be due on such more than $3, shall be refunded. A re­ and substitution. Excess rice shall be removal. Rice produced on a farm by fund in the amount of $3 or less need stored either in an elevator or warehouse any producer may be placed in non­ not be made unless requested by the duly licensed and authorized to issue licensed storage and substituted for person eligible to receive such refund. warehouse receipts under Federal or excess rice for any year which was prop­ Any refund shall be made only to per­ State laws, hereinafter referred to as erly stored in licensed storage in order sons who bore the burden of the pay­ “licensed storage,” or in any other place to postpone the payment of a penalty or ment and who have not been reimbursed adapted to the storage of rice, herein­ with a view to avoiding such penalty if therefor. The excess amount shall first after referred to as “nonlicensed stor­ a written request to do so is filed in the be applied, insofar as the sum will per­ age.” Commingling and substitution of county office and approval of the county mit, so as to make refunds to eligible rice shall be permissible in case of li­ committee is granted in writing upon the persons other than producers and the censed storage, but this shall not be con­ determination of such committee that remainder, if any, shall be applied so as strued to permit the substitution of ware­ the rice to be stored in nonlicensed stor­ to make refunds to the eligible producers. house or elevator receipts deposited in age is of a quality equal to or better than The amount to be refunded to each pro­ escrow to postpone or avoid payment of the rice in licensed storage, and the rice ducer shall be either (1) the amount penalty under paragraph (c) of this sec­ in an amount equal to the amount in li­ determined by apportioning the excess tion. In the case of nonlicensed storage, censed storage for which substitution is amount among the producers on the excess rice may, with the prior written desired is stored in nonlicensed storage farm in the proportion that each con­ approval of the county committee, be in accordance with this paragraph (b) tributed toward the payment, avoidance commingled with stored excess rice from and paragraph (d) of this section and is or security of the penalty on the farm any other year, and any or all stored ex­ secured by a good and sufficient bond of marketing excess or (2) the amount cess rice may be replaced by rice from indemnity or the deposit of funds in es­ which is in excess of the security re­ any other year produced by the same crow, as provided in paragraph (d) of quired for stored excess rice and the producer on the same or any other farm this section. When all requirements for penalty due on that portion of the farm if, (1) the county committee gives prior nonlicensed storage have been met in ac­ marketing excess for which the pro­ written approval of such replacement; cordance with this section, the warehouse ducer is separately liable. No refund (2) the rice to be used for substitution is receipt covering the rice in licensed stor­ shall be made to any buyer of any in storage; (3) the county committee age shall be returned to the person who amount which he collected from the'pro- determines that the rice to be used for deposited it. Rice stored in nonlicensed ducer or another, deducted from the substitution is of a quality equal to or storage shall be subject to inspection at price or consideration paid for the rice, better than the excess rice in storage and all times by officers or employees of the or for which he was liable. for which substitution is to be made; Department, or members, officers or em­ (b) Certification of refunds. The and (4) the requirements of this section ployees of the appropriate State or wunty office manager shall notify the with respect to furnishing a bond or de­ county committee. State executive director of the amount positing funds in escrow are complied (c) Licensed storage; deposit of ware­ which the county committee determines with. The removal of stored excess rice house receipts in escrow. The storage of m&y be refunded to each person with from storage without compliance with all excess rice in licensed storage in order respect to the farm, and the State execu­ to postpone the payment of the penalty tive director shall cause to be certified conditions precedent or subsequent to or with a view to avoiding such penalty Jo the appropriate Disbursing Officer of such removal shall constitute unauthor­ shall be effective for such purposes only the Treasury Department for payment ized depletion of the storage amount and when a warehouse receipt covering the such amounts as are approved by him. shall be subject to penalty as provided amount of rice so stored is deposited No refund of money shall be certified in paragraph (g) of this section. Rice with the county office manager to be held uuder this section unless the money has in which the producer has an interest in escrow. The warehouse receipt shall been received in the county office and produced on any farm may be stored be an endorsed negotiable receipt or a lansmitted to the State office but. has in any location to postpone the penalty nonnegotiable receipt. In the case of No. 76---- 5 FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6202 PROPOSED RULE MAKING a nonnegotiable receipt, the warehouse­ ducer stored in nonlicensed storage and of any depletion in the amount of rice man or elevator operator shall be notified not covered by funds in escrow shall be stored except as provided in paragraphs in writing by the owner of the receipt required as a condition for commingling (h) and (i) of this section and except to and the county office manager that it rice or permitting substitution of any the extent of the following: (1) The has been deposited in escrow and that other year stored excess rice. In such amount by which the stored excess rice delivery of the rice covered thereby is case, upon approval and acceptance of exceeds the farm marketing excess for to be made under the terms of the de­ the new bond, the old bond may be re­ the farm as determined in accordance posit in escrow while such receipt re­ leased. The bond of indemnity provided with § 730.7 or § 730.10, (2) the amount mains so deposited. Any warehouse re­ for in this paragraph may be waived by by which the stored excess rice exceeds ceipt so deposited shall be accepted only the county committee with the approval the amount of the farm marketing ex­ upon the condition that the producers of the State committee if the excess was cess as determined by a review commit­ by or for whom the rice is stored shall produced by a State or State institution tee or as a result of a court review of be and shall remain liable for all charges or other agency of a State or by a Federal the review committee determination, (3) incident to the storage of the rice and institution or Federal agency: Provided, the amount of any rice destroyed^ by fire, that the county committee and the That as a condition of the waiver the weather conditions, theft, or any other United States in no way shall be liable head of the State or Federal institution cause beyond the control of the producer, for such charges. Whenever the penalty or State or Federal agency shall agree in provided the producer shows beyond a with respect to rice covered by the ware­ writing to comply with all the other pro­ reasonable doubt that the depletion re­ house receipt(s) is paid or otherwise visions of this subpart with respect to the sulted from such cause and not from his satisfied in accordance with law, the stored excess. negligence nor from any affirmative act warehouse receipt(s) shall be returned (e) Nonlicensed storage; deposit of done or caused to be done by him, and to the person who deposited it. A ware­ funds in escrow. The storage of excess (4) the amount of any rice delivered to house, receipt covering a farm marketing rice in nonlicensed storage in order to the Secretary under the provisions of excess may be accepted in escrow in ac­ postpone the payment of the penalty or § 730.31. The penalty on 1;he amount of cordance with this paragraph even with a view to avoiding such penalty, if any unauthorized depletion in the stor­ though a lien is held by another party a bond is not furnished in compliance age amount shall be at the rate appli­ against the producer’s entire crop. Upon with the regulations contained in this cable to the marketing year in which the notice of foreclosure proceedings to en­ subpart shall be effective for such pur­ stored excess rice was produced, except force the lien, the county office manager pose only when an amount of money that if the storage amounts of two or shall advise the lien holder and the pur­ equal to the penalty on that portion of more crops are commingled or if the stor­ chaser of the rice at the foreclosure sale the farm marketing excess so stored is age amount of one crop is replaced by that penalty shall become due and pay­ deposited with the Treasurer of the rice of another crop, as provided in para­ able upon the sale of the rice and of the United States to be held in escrow to graph (b) of this section, the penalty purchaser’s liability to collect and remit secure the payment of such penalty and shall be computed first at the rate ap­ the penalty. the right of inspection during the period plicable to the marketing year for the (d) Non-licensed storage bonds. Theof storage. All checks, drafts and money oldest crop involved in the storage storage of excess rice in nonlicensed orders shall be received in the county amount until the entire penalty for the storage in order to postpone the payment office subject to collection and payment storage amount of such crop is satisfied of the penalty or with a view to avoiding at par. Funds in escrow shall be subject and thereafter in turn at the rate appli­ such penalty shall be effective only when to the condition that the penalty on the cable to the marketing year for each a good and sufficient bond of indemnity, amount of rice stored shall be paid at of the next oldest crops involved in the on a form prescribed for the purpose, is the time, and to the extent, of any deple­ storage amount until the entire penalty executed and filed with the county office tion of the amount stored which is not for the storage amount of each crop is manager in an amount not less than the authorized and that, if at any time any satisfied. amount of the penalty on that portion producer on the farm prevents inspec­ (h) Underplanting the farm allot­ of the farm marketing excess so stored, tion of any rice so stored, the penalty on ment for a subsequent crop. Whenever or funds are deposited in escrow as here­ the entire amount stored shall be paid the rice acreage on any farm for any inafter provided. Each bond given pur­ forthwith. In case approval in granted subsequent crop of rice is less than the suant to this paragraph shall be executed to commingle rice or to substitute rice farm allotment, the producers on the as principal by the producer storing the of any crop for excess rice in storage, farm who stored excess rice in accord­ rice and either by two persons as sureties there shall be on deposit in escrow, pur­ ance with the foregoing provisions of who are not producers on the farm and suant to the provisions of this paragraph, this section shall, upon application made who own real property with an unencum­ funds which cover all excess rice for any by them to the county committee, be en­ bered value of double the principal sum year stored by thé producer in non­ titled to remove from storage without of the bond, exclusive of homestead ex­ licensed storage pursuant to this section penalty any rice so stored by them, emptions, or by a corporate surety au­ which is not covered by a bond given whether produced in a prior year on the thorized to do business in the State in pursuant to paragraph (d) of this sec­ farm or another farm, to the extent of which the farm is situated and listed by tion. Whenever the penalty with re­ the normal production of the number of the Secretary of the Treasury of the spect to rice covered by funds in escrow acres by which the acreage planted to United States as an acceptable surety on is paid or otherwise satisfied in accord­ rice is less than the farm allotment. bonds to the United States. Each bond ance with law, the amount of funds Such application shall be made in writ­ of indemnity shall be subject to the con­ covering such rice shall be released to ing not later than December 31 of the ditions that the penalty on the amount of the person who made the escrow deposit. crop year in which the underplanted rice stored shall be paid at the time, and (f) Time of storage. Storage of rice in crop is harvested. The amount of rice to the extent, of the depletion of any connection with any farm in order to which would otherwise be authorized to amount stored which is not authorized postpone the payment of the penalty or be removed from storage in connection under this subpart, and that if at any with a view to avoiding such penalty with the farm under this paragraph shall time any producer on the farm prevents shall not be effective unless the provi­ be reduced to the extent that stored ex­ the inspection of rice so stored, the sions of paragraphs (a) and (b), and (c), cess rice from any other crop is author­ penalty on the entire amount stored shall (d), or (e), of this section are complied ized to be removed from storage in con­ be paid forthwith. Whenever the penal­ with prior to the expiration of the period nection with the farm. The amount of ties secured by the bond of indemnity are allowed in accordance with § 730.25(b) rice authorized to be removed from stor­ paid or reduced from any cause, the for the remittance of the penalty with age shall be apportioned among the sev­ county office manager shall furnish the respect to the farm marketing excess for eral producers on the farm who have principal and the sureties with a written the farm. stored excess rice to the extent of their statement to that effect. Unless the (g) Depletion of stored excess rice. need therefor in accordance with their bond in effect permits the commingling The penalty on the amount of excess rice shares in the acreage which was or could or substitution of rice in storage, a new stored shall be paid by the producers on have been planted to rice or in accord­ bond covering all excess rice of the pro- the farm at the time and to the extent ance with their agreement as to the ap-

FEOERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6203 portionment to be made. A producer be deemed to have produced the normal any farm shall be free and clear of all shall not be entitled to remove rice from production of rice when determining the encumbrances and particularly no rice storage under this paragraph in connec­ actual production for the farm. shall be accepted for such purposes if it is tion with any farm unless, at the time § 730.31 ; Delivery of the farm market­ subject to storage charges or liens of any the determination is made under thf« kind. v 7 paragraph, the rice is stored and owned in g excess to the Secretary. by the producer and, at the end of the (a) Amount of the rice to be delivered. § 730.32 Refund of penalty errone­ rice seeding season for the crop for the The amount of rice delivered to the Sec­ ously, illegally, or wrongfully col­ area in which the farm is situated, the retary in order to avoid the payment of lected. producer is entitled to share in the rice the penalty in connection with any farm Whenever, pursuant to a claim filed crop which was or could have been shall not exceed the amount of the farm with the Secretary within 2 calendar planted on the farm. For the purpose marketing excess as determined at the years after payment to him of the pen­ of this paragraph, the farm rice acreage time of delivery, in accordance with alty collected from any person, pursuant plus any acreage regarded as planted to § 730.7 or § 730.10, whichever is appli­ to the act, the Secretary finds that the rice under the conservation and crop­ cable. penalty was erroneously, illegally, or land adjustment programs shall be used (b) Conditions and methods of de­ wrongfully collected and the claimant in determining the underplanting of the livery. For and on behalf of the Secre­ bore the burden of such penalty, he shall farm allotment. tary, the county office manager for the certify to the Secretary of the Treasury (i) Producing a subsequent crop whichcounty in which the farm for which the of the United States for payment to the is less than the normal production of the marketing excess is determined is situ­ claimant, in accordance with regulations farm allotment. Whenever in any sub­ ated shall accept the delivery of any rice prescribed by the Secretary of the Treas­ sequent year the rice acreage does not tendered to avoid the payment of the ury of the United States, such amount exceed the farm allotment and the actual penalty. The delivery of the rice for as the claimant is entitled to receive as production of rice on the farm is less this purpose shall be effective only when a refund of all or a portion of the pen­ than the normal production of the farm the producers having an interest in the alty. Any claim filed pursuant to this allotment, the producers on the farm who rice to be so delivered convey to the Sec­ section shall be made in accordance stored excess rice in accordance with the retary all right, title, and interest in and with regulations prescribed by the foregoing provisions of this section shall, to the rice by executing a form provided Secretary. upon application made by them to the for this purpose and (1) deliver the rice county committee, be entitled to remove to an elevator or warehouse and tender § 730.33 Report of violations and court from storage, without penalty, any rice to the county office manager the elevator proceedings to collect penalty. so stored by them, whether produced in or warehouse receipt for the amount of The county office manager shall report the prior year on the farm, or another the rice, or (2) show to the satisfaction in writing to the State executive direc­ farm, to the extent of the amount by of the county committee that it is im­ tor each case of failure or refusal to pay which the normal production of the farm practicable to deliver the rice to an ele­ the penalty or to remit the same as pro­ allotment, less the normal production of vator or warehouse and receive an ele­ vided in §§ 730.25 to 730.27. The State the underplanted acreage for the farm vator or warehouse receipt therefor, de­ executive director shall report each such which was or could have been determined liver the rice at a point within the county case in writing to the Office of the Gen­ under paragraph (h) of this section, ex­ or nearby and within such time or times eral Counsel of the Department which ceeds the amount of rice produced on as may be designated by the county of­ shall have authority to refer such cases the farm in that year. Such application fice manager. None, of the rice so de­ for the institution of proceedings by the shall be made in writing not later than livered shall be returned to the producer. U.S. attorney for the appropriate dis­ 60 calendar days after the date on which Insofar as practicable, the rice so deliv­ trict under the direction of the Attorney the harvesting of rice is normally sub­ ered shall be delivered to the Commodity General of the United States to collect stantially completed in the county or Credit Corporation of the Department, the penalties, as provided in section 376 area in the county in which the farm is and any rice which it is impracticable of the Act. situated as determined in accordance to deliver to such Corporation shall be R e c o r d s a n d R e p o r t s with § 730.10. The amount of rice which distributed to such one or more of the would otherwise be authorized to be re­ following classes of agencies or organi­ § 730.34 Records to be kept and reports moved from storage in connection with zations as the State committee selects, to be made by warehousemen, mill or the farm under this paragraph shall be which delivery the Secretary hereby de­ elevator operators, other processors, reduced to the extent that stored excess termines will divert it from the normal and buyers. rice from any other crop is authorized to channels* of trade and commerce: Any (a) Necessity for records and reports. be removed from storage in connection Federal relief organization, the American Each- warehouseman, mill or elevator with the farm. The amount of rice Red Cross, State or county or municipal operator, processor, and buyer, who buys, which is authorized to be removed from relief organization, Federal or State acquires, or receives rice from the pro­ storage shall be apportioned among the wildlife refuge project, or any voluntary ducer thereof shall, in conformity with several producers on the farm who have relief organization registered with the section 373(a) of the Act, keep the rec­ stored excess rice, to the extent of their Advisory Committee on Voluntary For­ ords and make the reports prescribed by need therefor in accordance with their eign Aid of the International Coopera­ this section, which the Secretary hereby Proportionate shares in the rice crop tion Administration for shipment for re­ finds to be necessary to enable him to Panted on the farm, or in accordance lief overseas. carry out with respect to rice, the provi­ with their agreement as to the appor­ (c) Time of delivery. Excess rice may sions of the Act. tionment to be made. The determina­ be delivered to the Secretary at any time (b) Nature of records. Each person tion of the amount of rice produced on within 60 calendar days after the date required to keep records as provided in the farm shall be in accordance with the on which the harvesting of rice is nor­ paragraph (a) of this section, shall keep marketing quota regulations applicable mally substantially completed in the as part of or in addition to the records pf-iî6 crop. A producer shall not be county as determined in accordance with maintained by him in the conduct of his entitled to remove rice from storage un- § 730.10(a) or pursuant to § 730.9. Ex­ business a record which shall show with « fth is paragraph for any farm unless, cess rice may be delivered to the Secre­ respect to the rice purchased, acquired, at the time the determination is made tary after such period only if the excess or received by him from the producers under this paragraph, the rice is stored rice was stored in accordance with the thereof the following information: (1) and owned by the producer and, at the provisions of § 730.30 (a) to (f), and the The name and address of the producer Sf16 °t *iarves*» the producer is entitled rice has not gone out of condition of the rice, (2) th e date of the transac­ to a share in the rice crop planted on through any fault of the producer. tion, (3) the amount of the rice, and tne farm. For the purpose of this para- (d) Rice to be unencumbered. Any (4) the amount of any lien for the pen­ any acreage which is considered rice delivered to the Secretary for the alty or of any penalty incurred in con­ to be rice acreage under the conservation purpose of avoiding the penalty with nection with the rice purchased, acquired, ana cropland adjustment programs shall respect to the farm marketing excess for or received by him.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6204 PROPOSED RULE MAKING (c) Time and manner of submitting reports prescribed by this section, which for experimental purposes only on land reports. The county office manager for the Secretary hereby finds to be neces­ owned or leased by any publicly owneij the county in which the rice covered by sary to enable him to carry out, with agricultural experiment station, and the report was produced is hereby au­ respect to rice, the provisions of the Act. which is produced at public expense by thorized and empowered to receive, for Upon written request of the county com­ employees of the experiment station, or and on behalf of the Secretary, each re­ mittee or county office manager, any to rice produced for experimental pur­ port required pursuant to this section. producer shall, within 15 days from the poses only by farmers pursuant to an Each report shall be submitted not later date the request was mailed to him, file agreement with a publicly owned experi­ than 15 calendar days next succeeding with the county office manager for the ment station whereby the experiment the day on which the rice was marketed county in which the farm is situated, a station bears the costs and risks incident to a warehouseman, mill or elevator op­ report of production and disposition to the production of the rice and the pro­ erator, processor, or buyer and shall be showing for the farm the following in­ ceeds from the crop inure to the benefit mailed or delivered directly to the said formation: (a) The total number of of the experiment station: Provided, county office manager. pounds of rice produced thereon in the That such agreement is approved by the applicable crop year, (b) the name and State committee prior to the planting of § 730.35 Availability of records. address of each buyer of any rice, (c) the rice crop on the farm. The produc­ Each person required to keep records the amount of rice sold to each buyer, tion of foundation, registered, or certi­ as provided in § 730.34, shall make avail­ (d) the amount equivalent to the penalty fied seed rice will not be considered pro­ able for examination and inspection by which was deducted from the price or duced for experimental purposes only. the Secretary or by any authorized rep­ consideration for the rice, (e) the § 730.43 Rice produced on a wildlife resentative of the Secretary, the records amount of unmarketed rice of the appli­ refuge farm. required by § 730.34 and the records kept cable crop stored on the farm, (f) the in his business concerning such rice, for disposition of any rice not otherwise The penalty shall not apply to any rice the purpose of ascertaining the correct­ accounted for, and (g) the rice acreage produced in excess of the allotment on a ness of any reports made or any records for the applicable crop year. wildlife refuge farm consisting solely of kept pursuant to the regulations in this Federal or State-owned land: Provided, subpart, or of obtaining the information § 730.39 Data to be kept confidential. That such acreage is not harvested, but required to be furnished in any report Except as otherwise provided herein, is left on the land f6r wildlife feed. The pursuant to the regulations in this sub­ all data reported to or acquired by the exemption from penalty shall be granted part, but not so furnished. All such rec­ Secretary pursuant to and in the manner by the county office manager upon the ords shall be kept available for exami­ provided in this subpart shall be kept written application of the farm operator nation and inspection by the Secretary confidential by all officers and employees or responsible executive officer on any or, by any authorized representative of of the Department, members of county such farm, stating that none of the ex­ the Secretary for 2 calendar years be­ committees, other local committees, and cess rice produced on the farm will be yond the calendar year in which the mar­ State committees, county agents, and of­ harvested and that such excess will be keting year ends, or longer if requested ficers and employees of such committees left on the farm for wildlife feed. by the State executive director or by the or county agents’ offices, and shall not § 730.44 Erroneous notices. Director. Such records shall include be disclosed to anyone not having an in­ relevant books, papers, records, accounts, terest in or responsibility for any rice, (a) Erroneous notice of allotment. correspondence, contracts, documents, farm, or transaction covered by the par­ In any case where through error in a and memoranda. ticular data, such as records, reports, county or State office the producer was forms, or other information, and only officially notified in writing of a rice § 730.36 Buyer’s special report. such data so reported or acquired as the allotment for a crop year which If the county committee, the State Secretary deems relevant shall be dis­ was larger than the finally approved committee, or State executive director closed by them to anyone not having allotment and the county committee has reason to believe that any buyer such an interest or not being employed and the State executive director find failed or refused to comply with the reg­ in the administration of the Act and that the producer, acting solely on ulations in this subpart, the buyer shall, then only in a suit or administrative the information contained in the er­ within 15 days after a written request hearing under Title in of the Act. roneous notice, planted an acreage to rice in excess of the finally approved , therefor made by either the county com­ § 730.40 Enforcement. mittee, State committee, or State execu­ allotment, the producer will not be tive director and deposited in the U.S. The county office manager shall report considered to have exceeded the allot­ mails, addressed to him at his last known in writing to the State execùtive director ment unless he overplanted the allot­ address, make a report, certified as true each case of failure or refusal to make ment shown on the erroneous notice. and correct to such person with respect any report or keep any record as required The farm marketing quota and the farm to all rice purchased or acquired by him by §§ 730.34 to 730.38, and to so report marketing excess for the farm under the during the period of time specified in the each case of making any false report or foregoing circumstances will be based on request. The report shall include the record. The State executive director the allotment contained in the erroneous information required to be kept under shall report each such case in writing to notice, and if the acreage planted to § 730.34 for each lot of rice purchased the Office of the General Counsel of the rice on the farm is adjusted to the allot­ or acquired from the persons specified Department which shall have authority ment contained in the erroneous notice or during the period specified. v to refer such cases for the institution within the time limits for disposal of ex­ of proceedings by the U.S. attorney for cess acreage, the farm will not be con­ § 730.37 Penally for failure or refusal the appropriate district under the direc­ sidered to be overplanted. Before a pro­ to keep records and make reports. tion of the Attorney General of the ducer can be said to have relied upon the Any person required to keep the records United States, to enforce the provisions erroneous notice, the circumstances must or make the reports specified in § 730.34 of the Act. have been such that the producer had or § 730.36 who fails to keep any such S p e c ia l P r o v is io n s a n d E x e m p t io n s no cause to believe that the allotment record or make any such report, or who notice was in error. To determine this § 730.41 Farms on which the only acre­ fact, the date of any corrected notice in makes any false report or keeps any age of rice is nonirrigated rice not in false record, shall, as provided in sec­ excess o f 3\acres. relation to the time of planting; the size tion 373(a) "of the Act, be deemed guilty of the farm; the amount of rice custom­ The farm marketing quota of rice for arily planted; and all other pertinent of a misdemeanor and, upon conviction any crop shall not be applicable to any facts should be taken into consideration. thereof, shall be subject to a fine of not nonirrigated (dry land) farm on which If the county committee determines that more than $500 for each such offense. the rice acreage for such crop is not in the producer was justified in relying on § 730.38 Records to be kept and reports excess of 3 acres. the erroneous notice of rice allotment for to be m ade by producers. § 730.42 Experimental rice farms. the farm, such determination shall be Each producer with respect to any ricev The penalty shall not apply to the mar­ subject to review and approval by the crop shall keep the records and make the keting of any rice of any crop grown State executive director before the er- FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, A PR IL-20, 1 9 6 7 PROPOSED RULE MAKING 6205 roneous allotment is used by the county Office of the Inspector General of the handle any variety of limes, grown in committee to determine the marketing Department are hereby designated as au­ the production area, in containers having quota and marketing excess for the farm. thorized representatives of the Secretary a capacity of more than 4 pounds of If any farm allotment is reduced pursu­ for the purposes of said provisions. limes unless such limes are handled in ant to the provisions of the rice acreage (b) Authorization to administer oaths. containers meeting the following specifi­ allotment regulations in this part for Each person designated pursuant to this cations and conform to all other appli­ reduction of farm allotments where a section to act as the authorized repre­ cable requirements of this section: producer does not engage in the pro­ sentative of the Secretary is hereby au­ (i) Containers with inside dimensions duction of rice on the farm, the provi­ thorized and empowered under 5 U.S.C. of 11 x 16% x 10 inches: Provided, That sions of this paragraph may be applied 521 to administer to or take from any any such container shall contain not less only to the farm allotment as so reduced, person an oath, affirmation, or affidavit than 40 pounds net weight of limes. whether reduced prior or subsequent to whenever such oath, affirmation, or the planting of rice on the farm, and not affidavit is for use in any prosecution or (ii) Containers with inside dimensions to the farm allotment prior to such proceeding under or in the enforcement ofll%xl6xll inches: Provided, That reduction. of the rice marketing quota provisions any such container shall contain not less (b) Erroneous notice of measuredof the Act or the regulations in this sub­ than 40 pounds nor more than 42 pounds acreage. The provisions of Part 718 of part. net weight of limes. this chapter, Determination of Acreage (iii) Containers with inside dimen­ and Compliance, relating to notices to § 730.48 Approval of reporting and sions of 11% x 16 x 6 inches: Provided, farm operators shall be applied when de­ recordkeeping requirements. That any such container shall contain termining whether an erroneous notice The reporting and recordkeeping re­ not less than 20 pounds nor more than of measured acreage is applicable to a quirements contained herein have been 22 pounds net weight of limes. particular case. approved by, and subsequent reporting (iv) Containers with inside dimen­ and recordkeeping requirements will be sions of 11 x 16% x 6 inches: Provided, § 730.45 Supervisory authority of State subject to the approval of the Bureau of That any such container shall contain com m ittee. the Budget in accordance with the Fed­ not less than 20 pounds nor more than The State committee may take any eral Reports Act of 1942. 22 pounds net weight of limes. action required to be taken by the county Prior to the issuance of the regula­ (v) Containers. with inside dimen­ committee which the county committee tions referred to herein, any data, views, sions of 12 x 9% x 3% inches: Provided, fails to take and the State committee or recommendations pertaining thereto That any such container shall contain may correct or require the county com­ which are submitted in writing to the not less than 10 pounds net weight of mittee to correct any action taken by Director, Farmer Programs Division, Ag­ limes. such county committee which is not in ricultural Stabilization and Conservation (vi) Containers with inside dimen­ accordance with the regulations in this Service, U.S. Department of Agriculture, sions of 12 x 9% x 5 inches: Provided, subpart. The State committee may also Washington, D.C. 20250, will be given That any such container shall contain require the county committee to with­ consideration provided such submissions not less than 10 pounds nor more than hold taking any action which is not in are postmarked not later than 30 days 12 pounds net weight of limes. accordance with the regulations in this from the date of publication of this no­ subpart. ed e r a l e g is t e r (vii) Such other types and sizes of tice in the F R . containers as may be approved by the § 730.46 Additional authority for deter> All writteir submissions made pursuant Florida Lime Administrative Committee, initiations. to this notice will be made available for public inspection at such times and with the approval of the Secretary, for The Deputy Administrator, a member places and in a manner convenient to testing in connection with a research of the State committee, state executive the public business (7 GFR 1.27(b)). project conducted by or in cooperation director, or program specialist in the with said committee: Provided, That the State office, may make any determina­ Signed at Washington, D.C., on April handling of each lot of limes in such tion under this subpart which the county 14, 1967. test containers shall be subject to the committee is authorized to make under H. D. G o d f r e y , prior approval, and under the supervi­ this subpart, including, but not limited Administrator, Agricultural Sta­ sion of, the Florida Lime Administrative to, the authority to make required deter­ bilization and Conservation Committee. minations for the issuance of and to is­ Service. (2) The limitations set forth in sub- sue notices of farm marketing excesses. [F.R. Doc. 67-4345; Filed, Apr. 19, 1967; paragraph (1) of this paragraph shall In any case where the Deputy Adminis­ 8 :4 8 a.m .] not apply to master containers for in­ trator, member of the State committee, dividual packages of limes: Provided, State executive director, or program spe­ That the individual packages within such cialist elects to exercise the authority Consumer and Marketing Service master container are of a capacity not vested in him hereunder, the county exceeding 4 pounds and the markings committee shall not exercise its author­ I 7 CFR Part 911 1 or labels, if any, on such packages do not ity. A copy of each notice issued under LIMES GROWN IN FLORIDA conflict with the markings or labels on this section shall be kept among the per­ the master container. manent Records of the appropriate Containers (3) The terms “handler," “handle," county committee. Consideration is being given to the fol­ “limes,” and “production area” when § 730.47 Designation of representatives lowing proposal submitted by the Florida used in this section shall have the same of the Secretary to examine records. Lime Administrative Committee, estab­ meaning as when used in the amended lished pursuant to the marketing agree­ marketing agreement and order (§§ 911 1 (a) Designation of representatives. ment, as amended, and Order No. 911, as to 911.71). In order to carry out the provisions of amended <7 CFR Part 911), regulating All persons who desire to submit writ­ §§ 730.34 to 730.36, relating to the ex­ the handling of limes grown in Florida, ten data, views, or arguments in con­ amination of records, the Deputy Admin- r effective under the Agriculture Market­ nection with the aforesaid proposal istrator is hereby authorized and directed ing Agreement Act of 1937, as amended should file the same, in quadruplicate, to designate in writing with the counter (7 U.S.C. 601-674). with the Hearing Clerk, U.S. Department signature of the State executive director, The proposal is that the current con­ of Agriculture, Room 112, Administration an appropriate number of persons from tainer regulation, Lime Regulation 8 (7 Building, Washington, D.C. 20250, not the officers or employees of the Depart­ CFR 911.311; 31 F.R. 8539) be termi­ later than the 15th day after the pub­ ment to act as the authorized representa­ nated and replaced toth a container lication of this notice in^ the F ederal tives of the Secretary for the purpose of regulationjreading as follows: R e g is t e r . All written submissions made said provisions. In addition, investiga­ (a) Order. (1) On and after the ef­pursuant to this notice will be made tors, and accountants (special agents), fective date hereof, no handler shall available for public inspection at the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6206 PROPOSED RULE MAKING office of the Hearing Clerk during regu­ Building, Washington, D.C. 20250, not All documents filed should be in quad­ lar business hours (7 CFR 1.27 (b)). later than the 15th day after the publi­ ruplicate. cation of this notice in the F ed e r a l All written submissions made pursu­ Dated: April 14, 1967. R e g is t e r . All written submissions made ant to this notice will be made available P a u l A. N ic h o l s o n , pursuant to this notice will be available for public inspection at the office of the Deputy Director, Fruit and Veg­ for public inspection at the office of the Hearing Clerk during regular business etable Division, Consuiner and Hearing Clerk during regular business hours (7 CFR 1.27(b)). Marketing Service. hours (7 CFR 1.27(b)). Signed at Washington, D.C., on April [F.R. Doc. 67-4346; Filed, Apr. 19, 1967; Dated: April 14,1967. 17, 1967. 8:4 8 a.m .] C l a r e n c e H. G ir a r d , P a u l A . N ic h o l s o n , Deputy Director, Fruit and Deputy Administrator, [ 7 CFR Part 915 1 Vegetable Division, Consum­ Regulatory Programs. er and Marketing Service. [F.R. Doc. 67-4348; Filed, Apr. 19, 1967; AVOCADOS GROWN IN SOUTH 8:4 8 a .m .] FLORIDA [F.R. Doc. 67-4347; Filed, Apr. 19, 1967; 8:4 8 a.m .] Containers [ 7 CFR Port. 1128 3 Consideration is being given to the [ 7 CFR Part 1012 1 [Docket No. AO 238-A20] proposal, hereinafter set forth, by the Avocado Administrative Committee, es­ MILK IN TAMPA BAY MARKETING MILK IN CENTRAL WEST TEXAS tablished pursuant to the marketing AREA MARKETING AREA agreement, as amended, and. Order No. 915, as amended (7 CFR Part 915) regu­ Notice of Proposed Termination of Notice of Extension of Time for Filing lating the handling of avocados grown in Certain Provisions of Order Exceptions to Recommended De­ South Florida, effective under the Agri­ Notice is hereby given that, pursuant cision on Proposed Amendments to cultural Marketing Agreement Act of to the provisions of the Agricultural Tentativé M ark e tin g Agreement 1937, as amended (7 TJ.S.C. 601-674). Marketing Agreement Act of 1937, as and to Order The proposal is that § 915.305(a) (1) (i) amended (7 U.S.C. 601 et seq.), the ter­ of the avocado container regulation Pursuant to the provisions of the mination of certain provisions of the Agricultural Marketing Agreement Act (Avocado Order 5; 7 CFR 915.305) be order regulating the handling of milk revised to permit the use of an additional in the Tampa Bay marketing area is of 1937, as amended (7 U.S.C. 601 et seq.), container with inside dimensions of being considered. and the applicable rules of practice and 11% x 16 x 11 inches and to prescribe procedure governing the formulation of that such containers and containers with The provisions proposed to be termi­ marketing agreements and marketing inside dimensions 11 x 16% x 10 inches nated are subparagraphs (2), (3), and orders (7 CFR Part 900), notice is hereby as currently specified therein, shall each (4) in J 1012.16(b), relating to the limi­ given that the time for filing exceptions contain not less than 34 pounds net tation on the diversion of producer milk to the recommended decision with re­ weight of avocados, except that for cer­ from pool plants to nonpool plants. spect to the proposed amendments to tain varieties, including unnamed varie­ The proposed termination would re­ the tentative marketing agreement and ties of avocados, these containers shall move from the order the provisions that to the order regulating the handling of contain not less than 32 pounds net limit the quantity of producer milk that milk in the Central West Texas market­ weight, of avocados. may be diverted to a nonpool plant by ing area, which was issued March 27, The proposed revision of said para­ cooperatives and proprietary handlers. 1967 (32 F.R. 5371), is hereby further graph (a) (1) (i) reads as follows: Presently, the order limits the quantity of extended from April 14, 1967, to April producer milk that may be diverted by 21, 1967. § 915.305 Avocado Order 5. a cooperative association to 25 percent Signed at Washington, D.C., on April (a) Order. (1) * * * of all milk of its member producers phys­ ically received at pool plants during the 14, 1967. (i) Containers with inside dimensions C l a r e n c e H . G ir a r d , of 11% x 16 x 11 or 11 x 16% x 10 inches: month. The same percentage limitation to the producer receipts at his plant ap­ Deputy Administrator, Provided, That (a) the net weight of Regulatory Programs. the avocados in such a container shall plies to the operator of a pool plant. be not less than 34 pounds, except that The Independent Dairy Farmers’ Asso­ [F.R. Doc. 67-4349; Filed, Apr. 19, 1967; for avocados of the Booth 1, Fuchs, and ciation, Tampa Bay Division, which mar­ 8 :4 8 a m .] unnamed varieties such weight shall be kets about 60 percent of the producer not less than 32 pounds; (b) with respect milk in the Tampa Bay area, requested to each lot of such containers, not to the termination. The association states [ 7 CFR Part 1134 3 exceed 10 percent, by count, of the in­ that the diversion limitation is causing an extreme hardship on the association MILK IN WESTERN COLORADO dividual containers in the lot may fail MARKETING AREA to meet the applicable specified weight and disorderly conditions in the market. but no container in such lot may con­ The association contends that it per­ Notice of Proposed Suspension of tain a net weight of avocados exceeding forms the role of balancing the milk Certain Provisions of Order 2 pounds less than the specified net supplies for the entire market. In doing weight; and (c) each avocado in such so, substantial quantities of member milk Notice is hereby given that, pursuant container in a lot shall weigh at least which have had to be disposed of to sur­ to the provisions of the Agricultural 16 ounces, except that not to exceed 10 plus outlets have been kept out of the Marketing Agreement Act of 1937, as percent, by count, of the fruit in the lot pool because of the diversion limitation. amended (7 U.S.C. 601 et seq.), the sus­ may fail to meet such weight require­ This has resulted in lower returns to pension of certain provisions of the order ment but not more than double such tol­ the association’s members relative to regulating the handling of milk in the erance shall be permitted for an individ­ other producers on the market. Western Colorado marketing area is be­ All persons who desire to submit writ­ ing considered pending a hearing on the ual container in the lot. matter. * * * * * ten data, views, or arguments in connec­ tion with the proposed termination The provisions proposed to be sus­ All persons who desire to submit writ­ should file the same with the hearing pended in § 1134.12(b) (1) are the fol­ ten data, views, or arguments in con­ Clerk, Room 112-A, Administration lowing: “for artfleast 5 days,” and “with­ nection with the aforesaid proposal shall Building, U.S. Department of Agricul­ out limit during the other days of such file the same, In quadruplicate, with the ture, Washington, D.C. 20250, not later month,” relating to the diversion of milk Hearing Clerk, U.S. Department of than 3 days from the date of publication for the account of a cooperative Agriculture, Room 112, Administration of this notice in the F ed e r a l R e g is t e r . association.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6207

Petitioner has requested a continua­ mile radius of this airport which is ex­ E 14 CFR Part 73 1 tion of a previous action which sus­ cluded in the Fort Lauderdale control pended these provisions for the months zone is no longer necessary. [Airspace Docket No. 67-CE-38) of February, March, and April 1967 (32 In consideration of the foregoing, the RESTRICTED AREA F.R. 4016). This they state will enable Fort Lauderdale, Fla., control zone would the cooperative to maintain producer be amended to read: Proposed Designation status under the order for its member­ ship, pending a hearing it has requested W ithin a 5-mile radius of Fort Lauderdale- The Federal Aviation Administration Hollywood International Airport (latitude is considering an amendment to Part 73 to consider amendment of the diversion 26°04'25" N., longitude 80°09'10" W.); with­ provisions to conform to current mar­ in a 3-mile radius of North Perry Airport of the Federal Aviation Regulations keting conditions in the Western Colo­ (latitude 26°00'06" N., longitude 80°14'24" which would designate a restricted area rado marketing area. W.); within 2 miles each side of the Fort near Rapid City, S. Dak. All persons who desire to submit writ­ Lauderdale VOR 079° radial, extending from Interested persons may participate in ten data, views, or arguments in Connec­ the 5-mile radius zone to 10 miles east of the the proposed rule making by submitting VOR; within 2 miles each side of the Fort such written data, views, or arguments tion with the proposed suspension should Lauderdale VOR 278° radial, extending from file the same with the Hearing Clerk, the 5-mile radius zone to 8 miles west of the as they may desire. Communications Room 112-A, Administration Building, VOR; within 2 miles each side of the Fort should identify the airspace docket num­ U.S. Department of Agriculture, Wash­ Lauderdale VOR 306° radial, extending from ber and be submitted in triplicate to the ington, D.C. 20250, not later than 3 days the 5-mile radius zone to the INT of the Fort Director, Central Region, Attention: from the date of publication of this no­ Lauderdale VOR 306° radial and the Miami, Chief, Air Traffic Division, Federal Avia­ Fla. VORTAC 043° radial; within 2 miles each tice in the F ed e r a l R e g is t e r . All docu­ tion Administration, Federal Building, side of the 135° bearing from the Fort 601 East 12th Street, Kansas City, Mo. ments filed should be in quadruplicate. Lauderdale RBN, extending from the 5-mile All written submissions made pursu­ radius zone to the RBN. 64106. All communications received ant to this notice will be made available within 30 days after publication of this for public inspection at the office of the The proposed alteration to the Fort notice- in the F e d e r a l R e g is t e r will be Hearing Clerk during regular business Lauderdale, Fla., control zone would pro­ considered before action is taken on the hours (7 CFR 1.27(b) ). vide controlled airspace protection for proposed amendment. The proposals IFR aircraft departing the North Perry Signed at Washington, D.C., on April contained in this notice may be changed 17,1967. Airport during climb from the surface to in the light of comments received. 700 feet above the surface, and controlled An official docket will be available for C l a r e n c e H. G ir a r d , airspace for the control of VFR air traf­ Deputy Administrator, fic operating in the vicinity of the air­ examination by interested persons at the Regulatory Programs. Federal Aviation Administration, Office port. Additionally, it is FAA policy to of the General Counsel, Attention: Rules [F.R. Doc. 67-4350; Filed, Apr. 19,_1967; include airports served by an FAA control Docket, 800 Independence Avenue SW., 8 :4 8 a.m .] tower within control zones. Washington, D.C. 20590. An informal’ A transition area with a floor of 700 feet above the surface to serve the North docket also will be available for exam­ Perry Airport has been proposed in Air­ ination at the office of the Regional Air DEPARTMENT OF space Docket No. 67-SO-38 by altering Traffic Division Chief. the Miami, Fla., 700-foot transition area. The Department of the Army has re­ TRANSPORTATION Interested persons may submit such quested the establishment of a restricted Federal Aviation Administration written data, views, or arguments as they area in the Badlands Bombing Range may desire. Communications should be southeast of Rapid City, S. Dak. The l 14 CFR Part 71 ] submitted in triplicate to the Area Man­ proposed restricted area would be used [Airspace Docket No. 67-SO-46J ager, Miami Area Office, Attention: Chief, Air Traffic Branch, Federal Avia­ annually from June 1 through August 31 CONTROL ZONE tion Administration, Post Office Box 2014, by the 147th Artillery, South Dakota AMF Branch, Miami, F la.; 33159. All Army National Guard for the firing of Proposed Alteration communications received within 20 days 105 mm, 155 mm, and 8-inch howitzers The Federal Aviation Administration after publication of this notice in the during their annual field training. The (FAA) is considering an amendment to F ed e r a l R e g is t e r will be considered be­ altitudes required would be surface to Part 71 of the Federal Aviation Regula­ fore action is taken on the proposed tions that would alter the Fort Lauder­ amendment. No hearing is contemplated 30,000 feet MSL. dale, Fla., control zone. at this time, but arrangements for in­ If this action is taken, a restricted The volume of air traffic activity at the formal conferences with Federal Aviation area will be designated as follows: North Perry Airport, Fla., has increased Administration officials may be made by R -6 1 0 2 B a d l a n d s, S . D a k . contacting the Chief, Air Traffic Branch. substantially during recent years. Based Boundaries: Beginning at latitude 4 3 °- on current aircraft operations, this air­ Any data, views, or arguments presented 3 5 '0 0 " N„ longitude.J C 2 °0 5 '0 0 " W.; to lati­ port qualifies for an FAA control towfer. during such conferences must also be tu d e 43°35'00'' N., longitude 102°25'00" W.; An FAA North Perry control tower is submitted in writing in accordance with to latitude 43°42'00'' N., longitude 1 0 2 °2 5 '0 0 " scheduled to become operational follow­ this notice in order to become part of W.; to latitude 43<,42'00'' N.. longitude 1 0 2 ° - ing July 1, 1967. The control tower will the record for consideration. The pro­ 0 5 '0 0 " W. operate 16 hours daily to provide air­ posal contained in this notice may be Designated altitudes: Surface to 30 0 0 0 port traffic control service during the changed in the light of comments re­ fe e t MSL. ceived. Time of designation: June 1 through Au­ heavy air traffic periods. The FAA does g u s t 31. not plan any instrument approach pro- > The official docket will be available for Using agency: The Adjutant General, State cedure for the North Perry Airport at examination by interested persons at the of South Dakota (147th Artillery Group, this time. There will not be any weather Southern Regional Office, Federal Avia­ South Dakota Army National Guard). services at this airport concurrently tion Administration, Room 724, 3400 with the establishing of the FAA control Whipple Street, East Point, Ga. This amendment is proposed under tower. Therefore, the Fort Lauderdale, This amendment is proposed under the the authority of section 307(a) of the Pla., control zone would be altered to authority of section 307(a) of the Fed­ Federal Aviation Act of 1958 (49 U.S.C. include the North Perry Airport. Hourly eral Aviation Act of 1958 (49 U.S.C. 1348). 1348(a)). and special weather observations are a Issued in Washington, D.C., on function of the Fort Lauderdale, Fla., Issued in East Point, Ga., on April 10, April 13,1967. control tower personnel. 1967. H . B . H e l s t r o m , The Bradley Field Airport, Fort J a m e s G . R o g er s, Chief, Airspace and Air Lauderdale, Fla. (latitude 26°09' 15" N., Director, Southern Region. Traffic Rules Division. longitude 80°09'50" W.) has been aban­ [F.R. Doc. 67-4341; Filed, Apr. 19, 1967; [F.R. Doc. 67-4844; Filed, Apr. 19, 1967; doned; therefore, the airspace within 1.5- 8 :4 7 a.m.J 8 :4 8 a .m .]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6208 ' and Jefferson City, Mo., that are exe­ terminal airspace structural require­ FEDERAL AVIATION AGENCY cuted by aircraft at or above 1,500 feet ments in the Allegan, Mich., terminal above the surface. It will also provide air area, as a result of the development of a [ 14 CFR Part 71 1 traffic routing and radar services for air­ public-use instrument approach pro­ [Airspace Docket No. 67—CE—42] craft operating between Columbia and cedure at Allegan, Mich., Padgham Jefferson City, Mo., and transitioning Field, utilizing the Pullman, Mich., TRANSITION AREA between Victor Airways V-4/V-12 and VORTAC as a navigational aid, proposed the following airspace action: Proposed Alteration Jefferson City, Mo. The floors of the airways that traverse Designate the Allegan, Mich., transi­ The Federal Aviation Agency is con­ the transition area proposed herein will tion area as that airspace extending up­ sidering an amendment to Part 71 of the automatically coincide with the floors ward from 700 feet above the surface Federal Aviation Regulations which of the transition area. within a 6-mile radius of Allegan, Mich., would alter the controlled airspace in Padgham Field (latitude 42°31'45" N., No procedural changes will be effected longitude 85°49'00" W.), excluding the the Columbia, Mo., and Jefferson City, in conjunction with the actions proposed Mo., terminal areas. portion which coincides with the Battle The Columbia, Mo., transition area is herein. Creek, Mich., transition area. presently designated as follows: Specific details of this proposal may The proposed transition area will pro­ be examined by contacting the Chief, vide controlled airspace protection for That airspace extending upward from 700 Standards and Airspace Branch, Air aircraft executing the prescribed instru­ feet above the surface bounded on the north Traffic Division, Central Region, Federal by latitude 39°09'00" N., on the west by ment approach procedure during descent longitude 92°31'00" W., on the south by lati­ Aviation Agency, 601 East 12th Street, from 1,500 to 700 feet above the surface. tude 38°53'30" N., on the east by longitude Kansas City, Mo. 64106. It will also provide controlled airspace 92°14'00'' W., and within 2 miles each side Interested persons may submit such protection for departing aircraft during of the Columbia VOR 176° radial extending written dataf views, or arugments as they climb from 700 to 1,200 feet above the from the VOR to 13 miles south of the VOR; may desire. J Communications should be surface. The controlled airspace pro­ and that airspace extending upward from submitted in triplicate to the Director, posed herein will underlie existing 1,200- 1 ,2 0 0 feet above the surface bounded by a line beginning at latitude 38°38'40" N., longi­ Central Region, Attention: Chief, Air foot floor transition area. tude 92°31'00” W., thence north along longi­ Traffic Division, Federal Aviation Admin­ The proposed instrument approach tude 92°31'00" W., to latitude S8*5§'30" N., istration, Federal Building, 601 East procedure will be made effective concur­ thence east along latitude 38°53'30" N. to 12th Street, Kansas City, Mo. 64106. All rently with the designation of the pro­ longitude 92°14'00'' W., thence south along communications received within 45 days posed transition area. - longitude 92°14'00" W., to latitude 38°43'30" after publication of this notice in the The floors of the airways that traverse N., thence southeast to latitude 38°39'10" N., F ederal R e g is t e r will be considered be­ the proposed transition area will auto­ longitude 92°06'15" W., thence southwest to fore action is taken on the proposed matically coincide with the floor of the latitude 38°29'40" N., longitude 92°14'45" amendment. No public hearing is con­ transition area. W., thence northwest to the point of begin­ templated at this time, but arrangements Since a new approach procedure is to n in g . for informal conferences with Federal be established, no procedural changes The Federal Aviation Agency, having Aviation Administration officials may be will be effected in conjunction with the completed a comprehensive review of the made by contacting the Regional Air action proposed herein. terminal airspace structural require­ Traffic Division Chief. Any data, views, Specific details of this proposal may ments in the Columbia, Mo., and Jeffer­ or arguments presented during such con­ be examined by contacting the Chief, son City, Mo., terminal areas, which re­ ferences must also be submitted in writ­ Standards and Airspace Branch, Air vealed a need for revising the designated ing in accordance with this notice in Traffic Division, Federal Aviation Agency, transition area at Columbia, Mo., pro­ order to become part of the record for 601 East 12th Street, Kansas City, Mo. poses the following airspace action: consideration. The proposal contained 64106. Redesignate the Columbia, Mo., tran­ in this notice may be changed in the light Interested persons may submit such sition area as that airspace extending of comments received. written data, views or arguments as they upward from 700 feet above the surface The public docket will be available for may desire. Communications should be bounded on the north by latitude 39°- examination by interested persons in the submitted in triplicate to the Director, 09'00" N., on the west by longitude 92°- Office of the Regional Counsel, Federal Central Region, Attention: Chief, Air 31'00" W., on the south by latitude 38°- Aviation Administration, Federal Build­ Traffic Division, Federal Aviation Ad­ 53'30” N., on the east by longitude ing, 601 East 12th Street, Kansas City, ministration, Federal Building, 601 East 92°14'00" W., and within 2 miles each Mo. 64106." 12th Street, Kansas City, Mo. 64106. All side of the Columbia VOR 176° radial This amendment is proposed under communications received within 45 days extending from the VOR to 13 miles the authority of section 307(a) of the after publication of this notice in the south of the VOR; and that airspace ex­ Federal Aviation Act of 1958 (49 U.S.C. F ed e r a l R e g is t e r will be considered be­ tending upward from 1,200 feet above fore action is taken on the proposed the surface bounded by a line beginning 1348). amendment. No public hearing is con­ at latitude 38°38'40" N., longitude 92°- Issued at Kansas City, Mo., on March templated at this time, but arrange­ 31/00" W., thence north along longitude 27,1967. ments for informal conferences with 92°31'00" W., to the south edge of V-12 E d w a r d C. M a r s h , Federal ' Aviation Administration offi­ thence east along the south edge of V-12 Director, Central Region. cials may be made by contacting the to a line 5 miles southeast of and parallel [PR. Doc? 67-4342; Piled, Apr. 19, 1967; Regional Air Traffic Division Chief. to the Jefferson City, Mo., VOR 041° 8:47 a.m.]. Any data, views or arguments presented radial, thence southeast along a line 5 during such conferences must also be miles southeast of and parallel to the submitted in writing in accordance with Jefferson City VOR 041° and 221° rqdials [1 4 CFR Part 71 1 this notice in order to become “part of to latitude 38°27'30" N., longitude 92°- [Airspace Docket No. 67—CE-40] the record for consideration. The pro­ ll'OO" W., thence northwest to the point posal contained in this notice may be of beginning, excluding the airspace that TRANSITION AREA changed in the light of comments re­ coincides with the Readsville, Mo., tran­ ceived. sition area. Proposed Designation The public docket will be available for The proposed 700-foot floor transition The Federal Aviation Agency -is con­ examination by interested persons in the area at Columbia, Mo., will remain the sidering an amendment to Part 7i of the Office of the Regional Counsel, Federal same as it is presently designated. Federal Aviation Regulations which Aviation Administration, Federal Build­ The proposed 1,200-foot floor transi­ would designate controlled airspace in ing, 601 East 12th Street, Kansas City, tion area will provide controlled airspace the Allegan, Mich., terminal area. Mo. 64106. protection for those portions of arrival The Federal Aviation Agency, having This amendment is proposed under and departure procedures at Columbia completed a comprehensive review of the the authority of section 307(a) of the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6209 Federal Aviation Act of 1958 (49 U.S.C. counts of which are insured by the Fed­ (f) Processing of application by Su­ 1348). eral Savings and Loan Insurance Cor­ pervisory Agent; public notice; inspec­ Issued at Kansas City, Mo., on March poration; tion—(1) Public notice. Upon determi­ 24, 1967. (4) Any such facility, shall be open for nation by the Supervisory Agent that an E d w a r d C. M a r s h , business at the same location on the application for permission to establish Director, Central Region. same day or days (not to exceed 2 days) and operate a mobile facility is complete, of each week, during such hours, aggre­ and if it has been preliminarily deter­ [F.R. Doc. 67-4343; Filed, Apr. 19, 1967; 8 :4 8 a.m .] gating a total of not less than 4 hours mined that there is no basis for super­ a day, as the association’s board of di­ visory objection to approval of the ap­ rectors may from time to time deter­ plication, the Supervisory Agent shall mine; advise the applicant, in writing, to pub­ (5) Any business of the association, lish, within 15 days from the date of such FEDERAL HOME LOAN BANK BOARD as authorized by its board of directors, advice, in a newspaper printed in the [1 2 CFR Part 545 1 may be transacted at such facility, except English language and having general cir­ [No. 20,550] that loans, other than loans to borrowers culation in each community proposed to on the security of their savings accounts be served by the proposed mobile facility, FEDERAL SAVINGS AND LOAN in the association, shall not be approved a notice of the filing of the application SYSTEM at such facility, and a detailed record of in the following form : the transactions of each such facility Mobile Facilities shall be maintained as provided by N o tic e o f F il in g o f A p p l ic a t io n fo r P er ­ m i s s i o n to E s t a b l is h a n d O per a te a M o b il e A p r il 14,1967. § 545.20; F a c il it y (6) The mobile equipment used in the Resolved, that, pursuant to Part 508 establishment and operation of such fa­ Notice is hereby given that, pursuant to of the' general regulations of the Federal cility shall not remain at any location the provisions of § 545.14-4 of the rules and Home Loan Bank Board (12 CFR Part regulations for the Federal Savings and Loan 508) and § 542.1 of the rules and regula­ while such facility is not open for busi­ S y stem , t h e ------F ederal S a v in g s a n d tions for the Federal Savings and Loan ness, except that at any location at L oan A s s o c ia tio n ______System (12 CFR 542.1), it is hereby pro­ which such facility is open for business has filed with the Federal Home Loan Bank posed that § 545.14-4 of the rules and on 2 successive days, such equipment Board an application for permission to es­ may remain overnight during the night tablish and operate a mobile facility at the regulations for the Federal Savings and following locations: ______Loan System (12 CFR 545.14-4) be re­ between the 2 successive days; and vised to read as follows: (7) Without prior approval by the Board, operation of such facility shall ------The appli- § 545.14—4 Mobile facility. not be continued at any location after (City) (State) (a) General provisions—(1) Requests the expiration of such period of time as cation has been delivered to the office of the for advice. All requests by interested the Board may prescribe with respect to Supervisory Agent of the said Board located persons for advice or instruction with re­ operation of the facility at such location. at the Federal Home Loan Bank o f ______, spect to any matter arising under this (c) Application form; supporting in­ (C ity ) section shall be addressed to the Board’s formation. An application for permis­ Supervisory Agent. sion to establish and operate a mobile (Street Address) (City) (State) facility shall be submitted in form pre­ Any person may file communications in favor (2) Definition of “Supervisory Agent.” scribed by the Board and shall be sup­ or in protest of said application at the afore­ As used in this section, the term “Su­ ported in accordance with the prescribed said office of the Supervisory Agent within pervisory Agent” means the President of 2 0 days after the date of this publication. the Federal home loan bank of the dis­ “Outline of Information To Be Sub­ Under the said rules and regulations for trict in which the applicant association mitted in Support of Application for the Federal Savings and Loan System, a is located or any other officer or employee Permission To Establish and Operate a hearing in Washington, D.C., may be held if, Mobile Facility.” Such application shall pursuant to this notice, any interested per­ of such bank appointed by the Board as show that there is a need for such facil­ son expresses a written protest, which shall agent of the Board as provided by § 501.11 ity at each proposed location and that it be filed in duplicate and supported by specific of the general regulations of the Fed­ is not feasible to establish a full-time written objections, to said application and eral Home Loan Bank Board (§ 501.11 office at any such location. requests a hearing at which he expresses of this chapter). intention to appear, provided such protest (d) Filing and amendment of appli­ and request are received at the aforesaid (b) Conditions for establishing and cation. An application for permission office of the Supervisory Agent within 20 days operating a mobile facility. In order to to establish and operate a mobile facil­ after the date of this publication. Any such provide savings and loap services in areas ity shall be filed with the Board by de­ written protest which is not coupled with a which are not otherwise provided with livering two copies thereof, together with request for hearing will also be considered if such services locally, a Federal associa­ two copies, of all supporting information, received at the aforesaid office of the Super­ tion may establish and operate a mobile to the Supervisory Agent. After such ap­ visory Agent within 20 days of the date of facility, subject to the following re­ plication has been filed with the Board, this publication. The application, together quirements and limitations: with communications in favor or in protest and prior to the date of advice from the thereof, are available for inspection by inter­ (1) Prior to the establishment and Supervisory Agent to the applicant to ested persons at the aforesaid office of the operation of any such facility, the as­ publish notice of the filing of the appli­ Supervisory Agent. sociation shall obtain approval by the cation pursuant to paragraph (f ) of this Board of an application by the associa­ section, the applicant may file additional F ederal S a v in g s a n d tion for permission to do so; information in support of the applica­ L o a n A s s o c ia t io n , (2) Such facility shall be operated tion and may amend it; after the date only at locations approved by the Board, of such advice, the applicant may not each of which shall at all times be appro­ amend the application or, unless and (2) Filing of communications by priately identified at the site, and shall until a hearing on the application is others. Within 20 days after the date of be within the State in which the asso­ ordered, file any additional supporting publication of said notice, any person ciation’s home office is located'and with­ information, unless requested by or on may file, at the office of the Supervisory in the association’s regular lending area; behalf of the Board. Agent designated in the notice, commu­ (3) The mobile facility shall be estab­ (e) Disapproval or deferral for super­ nications in favor or in protest of the lished and operated at two or more loca­ visory reasons. No application for per­ application. tions, each of which, at the time of filing mission to establish and operate a mobile (3) Proof of publication. Promptly °f the application for permission to facility shall be approved if, in the opin­ after publication of the notice, the ap­ establish and operate the mobile facil­ ion of the Board, the policies, condition, plicant shall transmit two copies thereof ity, shall be more than 10 miles from the or operation of the applicant association to the Supervisory Agent accompanied locations of any home or branch office or afford a basis for supervisory objection by two copies of a publisher’s affidavit of agency of any other institution the ac­ to the application. publication.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 N o. 76------6 6210 PROPOSED RULE MAKING (4) Inspection. The application to­orderly conduct of the hearing or to pro­ gether with communications in favor mote the just determination of the ulti­ FEDERAL RESERVE SYSTEM or in protest thereof shall be available mate issue, but shall not have power to at the office of the Supervisory Agent finally determine the ultimate issue. [ 12 CFR Parts 207, 210 1 during regular working hours for inspec­ The hearing officer shall determine [R egs. G a n d J] tion by interested persons following the whether the filing of briefs after a hear­ date of publication of the notice as here­ ing will be permitted, and if such filing COLLECTION OF CHECKS AND OTHER inabove provided. Prior to the issuance is permitted, the hearing officer shall ITEMS BY FEDERAL RESERVE BANKS to the applicant of advice to publish a restrict the time for filing to a postmark notice, the application and the fact that date not later than 30 days after the Notice of Proposed Rule Making it has been filed shall be held as confi­ conclusion of the hearing, unless for good dential. cause a longer period is allowed. The The Board of Governors is considering (g) Hearings—(1) General provisions. hearing officer shall not permit the filing the revocation of Part 207 (Reg. G ), re­ A hearing shall be held upon an appli­ of reply briefs. lating to the collection of noncash items cation for permission to establish and (h) Mobile facility incidental to con­ by Federal Reserve banks, and a revision operate a mobile facility in any case in version or merger. A Federal associa­ of Part 210 (Reg. J), relating to check which a hearing is ordered unless it is tion into which an existing institution is clearing and collection by the Federal dispensed with as provided in the order converted shall not thereafter maintain Reserve banks. for a hearing. A copy of an order for a any mobile facility of the predecessor The purpose of these amendments hearing shall be mailed to thé applicant institution as a mobile facility of such would be to combine in a single new and to all persons who have filed written Federal association, and a Federal as­ Part 210, set forth below, all provisions statements protesting approval of the sociation shall not maintain any mobile relating to the collection of both cash application. In any case in which the f acility of another institution which is items (including checks) and noncash Board has rejected an application with­ absorbed by merger, without prior writ­ items and at the same time to bring such out a hearing, a hearing may be held, ten approval by the Board of an appli­ provisions into closer conformity with at the discretion of the Board, if such cation by the association for permission the Uniform Commercial Code and cur­ hearing is requested by the applicant to maintain such mobile facility. Such rent banking practices and to spell out within 30 days after receipt of advice application shall be in form prescribed in more precise language the terms and that the Board has rejected the applica­ by the Board and shall be filed at the conditions under which the Reserve tion. Notwithstanding any other provi­ same time as a preliminary application banks receive and handle for collection sion of this section, the Board may at for conversion is submitted to the Board cash and noncash items. any time, in its discretion and on its own pursuant to § 543.9 of this chapter or at This notice is published pursuant to motion, order a hearing on an applica­ the same time as an application for ap­ section 553(b) of Title 5, United States tion for permission to establish and op­ proval by the Board of a merger is sub­ Code, and section 1(b) of the rules of erate a mobile facility. Any interested mitted pursuant to § 546.2 of this chapter, procedure of the Board of Governors of person may appear, in person or by at­ and shall be processed in accordance the Federal Reserve System (12 CFR torney, at any hearing held pursuant to with the provisions of this section with 262.1(b)). this section and submit any evidence per­ respect to applications for permission to To aid in the consideration of this tinent to the questions at issue. establish and operate a mobile facility matter by the Board, interested persons except that the provisions of this section are invited to submit relevant data, (2) Procedure. After a hearing has with respect to hearing and public notice views, or arguments. Any such material been ordered, the order for such hearing, shall be applicable only in cases in which should be submitted in writing to the the application and supporting informa­ it is so determined by or on behalf of the Secretary, Board of Governors of the tion, and any protest and information in Board, and the Supervisory Agent shall Federal Reserve System, Washington, support of any protest, shall be available not advise an applicant association to D.C. 20551, to be received not later than at the Office of the Secretary to the Board publish notice pursuant to paragraph May 15,1967. for inspection during regular working (f) of this section unless so instructed hours. The hearing shall be held before by or on behalf of the Board. Dated at Washington, D.C., the 12th a hearing officer who shall be a member day of April 1967. of the staff of the General Counsel of (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. the Federal Home Loan Bank Board and 1464. Reorg. Plan No. 3 of 1947,12 F.R. 4981, By order of the Board of Governors. 3 CFR, 1947 Supp.) who shall be designated by the General [ s e a l ] M e r r it t S h e r m a n , Counsel or a Deputy or Associate General Resolved further that all interested Secretary. Counsel. The hearing officer shall hâve -persons are hereby given the opportunity complete charge of the hearing; may re­ to submit written data, views, or argu­ ceive, admit, allow, exclude, and deny ments on the following subjects and is­ PART 210— COLLECTION OF CHECKS petitions, briefs, and evidence, including sues: (1) Whether said proposed amend­ AND OTHER ITEMS BY FEDERAL the hearing of testimony according to ment should be adopted as proposed; (2) RESERVE BANKS the rules of evidence governing civil pro­ whether said proposed amendment ceedings in matters not involving trial by should be modified and adopted as modi­ Sec. jury in the courts of the United States; fied; (3) whether said proposed amend­ 210.1 Authority and scope. Provided, however, That such rules may 210.2 Definitions. ment should be rejected. All such writ­ 210.3 General provisions. be relaxed by the hearing officer in order ten data, views, or arguments must be 210.4 Sending of items to Federal Reserve to expedite the proceedings or promote received through the mail or otherwise b an k s. the just determination of the ultimate at the Office of the Secretary, Federal 210.5 Sender’s agreement. issue; may make rulings and note ex­ Home Loan Bank Board, Federal Home 210.6 Status and warranties of Federal Re­ ceptions, but shall not have power to Loan Bank Board Building, 101 Indiana serve bank. grant any motion to dismiss the proceed­ Avenue NW., Washington, D.C. 20552, 210.7 Presentment for payment. ings or other motion that involves final 210.8 Presentment of noncash items for not later than May 22, 1967, to be en­ acceptance. determination of the ultimate issue; may titled to be considered, but any received 210.9 Remittance and payment. hear arguments; may adjourn the said later may be considered in the discre­ 210.10 Time schedule and availability of hearing from time to time, if, in his tion of the Federal Home Loan Bank credits with respect to cash items. judgment, it is desirable to the orderly Board. 210.11 Availability of proceeds of noncash conduct of the said hearing or to promote ite m s. the just determination of the ultimate By the Federal Home Loan Bank 210.12 Return of cash items. ^ issue; shall order the preparation of a Board. 210.13 Chargeback of unpaid cash items and noncash items. record, including a transcript of the tes­ [ s e a l ] H a r r y W. C a u l s e n , 210.14 Timeliness of action. timony and evidence presented; and may Secretary. 210.15 Effect of direct presentment of cer­ do all such things and have all such [P.R. Doc. 67-4379; Piled, Apr. 19, 1967; tain warrants. powers as are necessary or proper for the 8 :5 0 a.m .] 210.16 Operating letters. FEDERAL REGISTER, VOL. 3 2 , N o l 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6211 § 210.1 Authority and scope. the Federal Reserve System, which main­ the public for carrying on substantially (a) Pursuant to the provisions of sec­ tains with a Federal Reserve bank the all its banking functions. tion 13 of the Federal Reserve Act, as balance referred to in the first para­ amended (12 U.S.C. sec. 342), section 16 graph of section 13 of the Federal Reserve § 210.3 General provisions. of the Federal Reserve Act (12 U.S.C. Act, and any corporation which main­ In order to afford both to the public sec. 248(o); 12 U.S.C. sec. 360), section tains an account with a Federal Reserve and to the banks of the country a direct, 11 (i) of the Federal Reserve Act (12 bank in conformity with the require­ expeditious, and economical system for U.S.C. sec. 248 (i), and other provisions ments of § 211.7 of Part 211 of this the collection of items and the settle­ of law, the Board of Governors of the chapter (Reg. K). ment of balances, each Federal Reserve Federal Reserve System has promul­ (g) The term “international organiza­ bank shall receive and handle cash items gated this part governing the collection tion” means any international organiza­ and noncash items in accordance with of checks and other cash items and the tion for which the Federal Reserve banks the terms and conditions set forth in this collection of noncash items by the Fed­ are empowered to act as depositaries or part; and the provisions of this part and eral Reserve banks. fiscal agents subject to regulation by the the operating letters of the Federal Re­ (b) The Federal Reserve banks, as Board of Governors of the Federal Re­ serve banks shall be binding upon the depositaries and fiscal agents of the serve System and for which a Federal sender of a cash item or a noncash item United States, handle certain items as Reserve bank has opened and is main­ and shall be binding upon each collecting cash items or noncash items. To the taining an account. bank, paying bank, and nonbank payor extent contemplated by regulations is­ (h) The term “foreign correspondent”" to which the Federal Reserve bank, or sued by, and arrangements made with, means any of the following for which a any subsequent collecting bank, presents, the U.S. Treasury Department and other Federal Reserve bank has opened and sends, or forwards a cash item or a non­ Government Departments, the handling is maintaining an account: A foreign cash item received by the Federal Re­ of such items by the Federal Reserve bank or banker, or foreign state as de­ serve bank. banks is governed by the provisions of fined in section 25(b) of the Federal § 210.4 Sending of items to Federal Re­ this part. The operating letters of the Reserve Act (12 U.S.C. sec. 632), or a serve banks. Federal Reserve banks shall include foreign correspondent or agency referred such information regarding the cur­ to in section 14(e) of that Act (12 U.S.C. (a) Subject to the provisions of this rently effective provisions of those regu­ part and of the operating letters of the sec. 358). Federal Reserve banks, any sender (other lations and arrangements (as well as any (i) The term “cash item” means : similar regulations and arrangements than a Federal Reserve bank) may send hereafter issued or made) as they shall (1) Any check other than a check to the Federal Reserve bank with which deem necessary and appropriate for the classified as a noncash item in accord­ it maintains or uses an account any cash guidance of banks concerned with the ance with paragraph (j) of this section; item or noncash item payable in any Fed­ or eral Reserve district; but, as permitted or collection or payment of such items. (2) Any other item payable on de­ required by such Federal Reserve bank, § 210.2 Definitions. mand and collectible at par which the such sender may send direct to any other As used in. this part, unless the con­ Federal Reserve bank of the district in Federal Reserve bank any cash item or text otherwise requires: which the item is payable may be willing noncash item payable within, the district (a) The term “item” means any in­ to accept as a cash item. of such other Federal Reserve bank. strument for the payment of money, (j) The term “noncash item” means (b) With respect to any cash item or whether negotiable or not, which is pay­ any item which the receiving Federal Re­ noncash item, sent direct by a sender able in a Federal Reserve district,1 is serve bank, in its operating letters, shall (other than a Federal Reserve bank) in sent by a sender or a nonbank depositor have classified as an item requiring spe­ one district to a Federal Reserve bank in to a Federal Reserve bank for handling cial handling and any item normally re­ another district, in accordance with under this part, and is collectible in ceived by the Federal Reserve bank as paragraph (a) of this section, the rela­ funds acceptable to the Federal Reserve a cash item if such bank decides that tionships and the rights and liabilities bank of the district in which the instru­ special conditions require that it be existing between the sender, the Federal ment is payable; except that the term handled as a noncash item. Reserve bank of its district and the Fed­ does not include any check which can­ (k) The temi “paying bank” means : eral Reserve bank to which the item is not be collected at par.2 ( 1 ) The bank by which an item is pay­ sent will be the same, and the provisions (b) The term “check” means any able and to which it is presented, unless of this part will apply, as though the draft drawn on a bank and payable on the item is payable or collectible through sender had sent such item to the Federal demand. another bank and is sent to such other Reserve bank of its district and such Fed­ (c) The term “draft” means any item bank for payment or collection; or eral Reserve bank had forwarded the which is either a “draft” as defined in (2) The bank through which an item item to the other Federal Reserve bank. the Uniform Commercial Code or a “bill is payable or collectible and to which it (c) The Federal Reserve banks shall of exchange” as defined in the Uniform is sent for payment or collection. receive cash items at par. Negotiable Instruments Law. (l) The term “nonbank payor” means (d) The term “bank draft” means any any payor of an item, other than a bank. § 210.5 Sender’s agreement. check drawn by one bank on another (m) The term “nonbank depositor” (a) By its action in sending any cash bank. : means any department, agency, instru­ item or noncash item to a Federal Re­ (e) The term “sender” in respect of mentality, independent establishment, or serve bank, the sender shall be deemed an item, means a member bank, a non- officer of the United States, or any cor­ to authorize the receiving Federal Re­ member clearing bank, a Federal Re­ poration other than a sender, which serve bank and any other Federal serve bank, an international organiza­ maintains or uses an account with a Reserve bank or other collecting bank tion, or a foreign correspondent. Federal Reserve bank. Except as may to which such item may be forwarded, to (f) The term ’“nonmember clearing otherwise be provided by any applicable handle such item subject to the provi­ bank” means a bank, not a member of statutes of the United States or regula­ sions of this part and of the operating tions issued or arrangements made there­ letters of the Federal Reserve banks; to 1 For the purposes of this part, the Virgin under, the provisions of this part and of warrant its own authority to give such islands and Puerto Rico shall be deemed to the operating letters of the Federal Re­ authority; and to agree that such pro­ t>e in or of the 2d Federal Reserve District; serve banks applicable to a sender are visions shall, insofar as they are made and Guam shall be deemed to be in or of applicable to a nonbank depositor. applicable thereto, govern the relation­ the 12th Federal Reserve District. (n) The term “State” means any 3 The Board of Governors publishes from ships between such sender and the Fed­ time to time a “Federal Reserve Par List”, State of the United States, the District eral Reserve banks with respect to the ^mich indicates the banks upon which of Columbia, or Puerto Rico, or any ter­ handling of such item and its proceeds. checks are collectible at par through the ritory, possession, or dependency of the (b) The sender shall be deemed to ■f ederal Reserve banks, and publishes a sup­ United States. warrant to each Federal Reserve bank plement thereto each month to show changes (o) The term “banking day” means handling such item (1) that it has good subsequent to the last complete list. any day during which a bank is open to title to the item or is authorized to obtain FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6212 PROPOSED RULE MAKING payment on behalf of one who has good has such title, whether or not such war­ for acceptance, a Federal Reserve bank title, whether or not such warranty is ranty is evidenced by its express guaranty or a subsequent collecting bank to which evidenced by its express guaranty of prior of prior endorsements on such item, and it has-been sent by a Federal Reserve endorsements on such item, and (2) such (2) to the extent prescribed by the law of bank may, if so instructed by the sender, other matters and things as the Federal any State applicable either to the Fed­ present the item for acceptance in any Reserve bank shall warrant in respect of eral Reserve bank as a collecting bank manner authorized by law; but no Fed­ such item consistently with paragraph or to the subsequent collecting bank, that eral Reserve bank or subsequent collect­ (b) of § 210.6; but the provisions of this the item has not been materially altered; ing bank shall, upon the acceptance of paragraph shall not be deemed to con­ but otherwise the Federal Reserve bank any such item, deliver to the drawee stitute a limitation upon the scope or shall not have, and shall not be deemed thereof any accompanying documents effect of any warranty by a sender aris­ to assume, any liability (except for its unless specifically instructed by. the ing under the law of any St;ate applicable ’own'lack of good faith or failure to sender to do so. Each Federal Reserve to it; and such sender shall be deemed exercise ordinary care) to such paying bank shall include in its operating letters to agree to indemnify each Federal Re­ bank or other payor. a statement of the circumstances under serve bank for any loss or expense sus­ § 210.7 Presentment for payment. which a sender may send such noncash tained (including but not limited to items to the Federal Reserve bank for attorneys’ fees and expenses of litiga­ (a) Any cash item or any noncash presentment for acceptance, and of the tion) resulting from the failure of such item may be presented for payment by a terms and conditions (which shall not sender to have the authority to make the Federal Reserve bank or a subsequent be inconsistent with the provisions of this warranty and the agreement referred to collecting bank, or may be sent by a part) upon which such presentment may in paragraph (a) of this section, result­ Federal Reserve bank or a subsequent be made. Except as herein provided, no ing from any action taken by the Federal collecting bank for presentment and pay­ Federal Reserve bank shall have or as­ Reserve bank within the scope of its au­ ment, Or may be forwarded by a Federal sume any obligation to present any non­ thority in handling such item, or result­ Reserve bank to^a subsequent collecting cash item for acceptance or to send it for ing from any warranty or agreement with bank with authority to present it for pay­ presentment for acceptance. ment or to send it for presentment and respect thereto made by the Federal Re­ § 210.9 Remittance and payment. serve bank consistently with paragraph payment, as provided under applicable (b) of § 210.6. rules of State law or otherwise as per­ (a) A Federal Reserve bank may re­ mitted by this section. quire the paying bank or collecting bank § 210.6 Status and warranties of Fed­ (b) Presentment may be made at a to which it has presented, sent, or for­ eral Reserve bank. place where the bank by which the item warded any cash item or noncash item (a) A Federal Reserve bank will act is payable has requested that present­ pursuant to § 210.7 to pay or remit for only as the agent of the sender in respect ment be made. Presentment of an item such item in cash, but is authorized, in of each cash item or noncash item re­ payable by a nonbank payor, other than its discretion, to permit such paying bank ceived by it from the sender, but such through a paying bank, may be made at a or collecting bank to authorize or cause agency shall terminate not later than the place where the nonbank payor has re­ payment or remittance therefor to be time when the Federal Reserve bank quested that presentment be made. Pre­ made by a debit to an account on the shall have received payment for the item sentment may also be made pursuant to books of such Federal Reserve bank or in actually and finally collected funds any special collection agreement not in­ to pay or remit therefor in any of the and shall have made the proceeds avail­ consistent with the terms of this part, following which is in a form acceptable able for withdrawal or other use by the or may be made through a clearinghouse to such Federal Reserve bank; Bank sender. A Federal Reserve bank will subject to the rules and practices thereof. draft, transfer of funds or bank credit, not act as the agent or the subagent of (c) Any cash item or noncash item, or any other form of payment or re­ any owner or holder of any such item payable in the district of the receiving mittance authorized by applicable State other than the sender. A Federal Re­ Federal Reserve bank may be presented law. A Federal Reserve bank may re­ serve bank shall not have, nor will it or sent direct to the paying bank, if quire the nonbank payor to which it has assume, any liability to the sender in any; may be sent direct to any place presented any cash item or noncash item respect of any such item and-its proceeds where the bank through which the item pursuant to § 210.7 to pay therefor in except for its own lack of good faith or is payable has requested that the item cash, but is authorized, in its discretion, failure to exercise ordinary care.® be sent; and, when payable by a nonbank to permit such nonbank payor to pay (b) By its action in presenting, or payor other than through a paying bank, therefor in any of the following which sending for presentment and payment, may be presented direct to the nonbank is in a form acceptable to such Federal 6r forwarding any cash item or any non­ payor, but documents, securities or other Reserve bank: Cashier’s check, certified cash item, a Federal Reserve bank shall papers accompanying a noncash item check, or other bank draft or obligation. be deemed to warrant to a subsequent may not be delivered to the nonbank (b) A Federal Reserve bank shall not collecting bank and to the paying bank payor thereof before payment of the be liable for the failure of a collecting and any other payor (1) that it has a item, unless the sender has specifically bank or paying bank or nonbank payor good title to the item or is authorized to authorized such delivery. to pay or remit for any such cash item or obtain payment on behalf of one who (d) Any cash item or noncash item, noncash item, nor for any loss resulting either has a good title or is authorized payable in a Federal Reserve district from the acceptance of any form of pay­ to obtain payment on behalf of one who other than the district of the receiving ment or remittance other than cash au­ Federal Reserve bank, will ordinarily be thorized in paragraph (a) of this section; 3 No Federal Reserve bank shall be responsi­ forwarded to the Federal Reserve bank nor shall any Federal Reserve bank ble to the sender of any cash item, or any of the district in which the item is pay­ which acts in good faith and exercises other owner or holder thereof, for any delay able: Provided, however, That with the ordinary care be liable for the nonpay­ resulting from the action taken by the Fed­ ment of, or failure to realize upon, any eral Reserve bank in presenting, sending, or concurrence of the Federal Reserve bank forwarding the item on the basis of (a) any of the district in which the item is pay­ bank draft or other form of payment or A.B.A. transit number or routing symbol ap­ able, the receiving Federal Reserve bank remittance which it may accept in ac­ pearing thereon at the time of its receipt may present, send, or forward the item as cordance with paragraph (a) of this by the Federal Reserve bank, whether in­ if it were payable in its own district. section. scribed by magnetic ink or by any other (c) Any bank draft or other form of means, and whether or not such transit num­ § 210.8 Presentment of noncash items payment or remittance received by a ber or routing symbol is consistent with each for acceptance. Federal Reserve bank in payment of, or other form of designation of a paying bank (or nonbank payor) then appearing thereon, Whenever a noncash item provides in remittance for, any cash item may or (b) any other form of designation of a that it must be presented for acceptance likewise be handled as a cash item sub­ paying bank (or nonbank payor) then ap­ or is payable elsewhere than at the resi­ ject to all the applicable terms and con­ pearing thereon, whether or not consistent dence or place of business of the drawee, ditions of this part; and any bank draft with any A.B.A. transit number or routing or whenever the date of payment of a or other form of remittance or payment symbol then appearing thereon. noncash item depends Upon presentment received by a Federal Reserve bank in

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — -THURSDAY, APRIL 2 0 , 1 9 6 7 PROPOSED RULE MAKING 6213 payment of, or in remittance for, any (d) Notwithstanding paragraph (c) Federal Reserve bank shall be deemed (1) noncash item may, at the option of the of this section, a Federal Reserve bank to warrant to such Federal Reserve bank, Federal Reserve bank, be handled either may, in its discretion, refuse at any time to a subsequent collecting bank, and to as a cash item or as a noncash item, sub- to permit the withdrawal or other use the sender and all prior parties that it jèct to all the applicable terms and condi­ of credit given for any noncash item for took all action necessary to entitle it to tions of this part. which the Federal Reserve bank has not recover such payment or remittance § 210.10 Time schedule and availability yet received payment in actually and fi­ within the time or times limited therefor of credits with respect to cash items. nally collected funds. by the provisions of this part, by the (e) Where a Federal Reserve bank re­ applicable rules and practices of any (a) Each Federal Reserve bank shall ceives, in payment or remittance for a clearinghouse through which the item include in its operating letters a time noncash item, a bank draft or other form was presented, by the applicable pro­ schedule for each of its offices indicating of remittance or payment which, in ac­ visions of any special collection agree­ when the amount of any cash item re­ cordance with paragraph (c) of § 210.9, ment pursuant to which it was presented, ceived.by it from any sender or sent by it elects to handle as a noncash item, the and, except as a longer time may be af­ any sender to another Federal Reserve proceeds of the noncash item for which forded by the provisions of this part, by office for the account of such Federal the payment or remittance was made applicable State law; and (2) to agree to Reserve bank will be counted as reserve shall neither be counted as reserve for indemnify such Federal Reserve bank for for the purposes of Part 204 of this chap­ the purpose of Part 204 of this chapter any loss or expense sustained (including ter (Reg. D) and becomes available for (Reg. D) nor become available for with­ but not limited to attorneys’ fees and withdrawal or other use by the sender. drawal or other use until such time as expenses of litigation) resulting from its The sender (other than a foreign cor­ the Federal Reserve bank receives pay­ action in giving such credit or making respondent) will be given either imme­ ment in actually and finally collected such refund, or in making any charge diate credit or deferred credit for such funds for such bank draft or other form to, or obtaining any refund from, the amount in accordance with such time of remittance or payment, in accordance sender. No Federal Reserve bank shall schedule. A foreign correspondent will with the provisions of this section. have any responsibility to such paying ordinarily be given credit for such bank or any subsequent collecting bank amount only when the Federal Reserve § 210.12 Return of cash items. or to the sender of the item or any other bank has received payment for the item (a) A paying bank which receives a prior party thereon for determining in actually and finally collected funds: cash item from or through a Federal whether the action hereinabove referred Provided, however, That the Federal Re­ Reserve bank, otherwise than for imme­ to was timely. serve bank may in its discretion give im­ diate payment over the counter, shall, mediate or deferred credit for such unless it returns such item unpaid before § 210.13 Chargeback of unpaid cash amount in accordance with such time midnight of the banking day of receipt,4 items and noncash items. schedule. either pay or remit therefor on the bank­ If a Federal Reserve bank does not re­ (b) Notwithstanding the provisions of ing day of receipt, or, if acceptable to ceive payment in actually and finally its time schedule, a Federal Reserve bank the Federal Reserve bank concerned, au­ collected funds for any cash item or non­ may in its discretion refuse at any time thorize or cause payment or remittance cash item for which it gave credit sub­ to permit the withdrawal or other use of therefor to be made by debit to an ac­ ject to payment in actually and finally credit given for any cash item for which count on the books of the Federal Reserve collected funds, the amount of such item the Federal Reserve bank has not yet re­ bank not later-than the banking day for shall be charged back to the sender, re­ ceived payment in actually and finally such Federal Reserve bank on which any gardless of whether or not the item itself collected funds. other acceptable form of timely payment can be returned. In such event, neither § 210.11 Availability of proceeds of non­ or remittance would have been received the owner or holder of any such item nor cash items. by the Federal Reserve bank in the ordi­ the sender shall have the right of re­ nary course: Provided, That such paying course upon, interest in, or right of pay­ (a) Credit will be given for the pro­ bank shall have the right to recover any ment from, any reserve balance, clearing ceeds of a noncash item when the re­ payment or remittance so made if, before account, deposit account, or other funds ceiving Federal Reserve bank has re­ it has finally paid the item, it returns the of the paying bank or of any collecting ceived payment for such item in actually item before midnight of its banking day bank, in the possession of the Federal and finally collected funds or advice from next following the banking day of receipt Reserve bank. No draft, authorization another Federal Reserve bank of such or takes such other action to recover such to charge, or other order, upon any re­ payment to it, and the amount of such payment or remittance within such time serve balance, clearing account, deposit item shall not be counted as reserve for and by such means as may be provided account, or other funds in the possession the purposes of Part 204 of this chapter by applicable State law: And further of a Federal Reserve bank, issued for the (Reg. D) or become available for with­ provided, That the foregoing provisions purpose of paying or remitting for any drawal or other use by the sender prior to shall not extend, nor shall the time here­ cash items or noncash items handled the receipt of such payment or advice, in provided for return be extended by, under the terms of this part, will be paid, except to the extent provided in para­ the time for return of unpaid items fixed acted upon, or honored after receipt by graph (c) of this section. by the rules and practices of any clear­ such Federal Reserve bank of notice of (b) A Federal Reserve bank shall be ing house through which the item was suspension or closing of the bank making deemed to have received payment for a presented or fixed by the provisions of the payment or remittance for its own or noncash item in actually and finally any special collection agreement pursu­ another’s account. collected funds as soon as it has received ant to which it was presented. payment therefor in cash or has received (b) Any paying bank which takes or § 210.14 Timeliness of action. any other form of payment or remit­ receives a credit or obtains a refund for If, because of interruption of com­ tance therefor which is, or has become*, the amount of any payment or remit- munication facilities, suspension of pay­ final and irrevocable. tancè made by it in respect of a cash ments by' another bank, war, emergency (c) A Federal Reserve bank may, item received by it from or through a conditions or other circumstances beyond prior to the time provided in paragraph its control, any bank (including a Fed­ (a) of this section, give credit for the 4 A cash item received by a paying bank eral Reserve bank) shall be delayed be­ proceeds of a noncash item received by e ith e r : yond the time limits provided in this part it from a sender, subject to payment in (1) On a day other than a banking day actually and finally collected funds, in fo r i t or or the operating letters of the Federal accordance with a time schedule in­ (2) On a banking day for it, but— Reserve banks, or prescribed by the ap­ cluded in its operating letters, indicating (a) After its regular banking hours, or plicable law of any State in taking any when the proceeds of such noncash items (b) After a "cut-off hour” established by action with respect to a cash item or a it in accordance with applicable State law, or noncash item, Including forwarding such will be counted as reserve for the pur­ (c) During afternoon or evening periods poses of Part 204 of this chapter (Reg. when it is open for limited functions only, item, presenting it or sending it for pre­ D) and become available for withdrawal shall be deemed to have been received by the sentment and payment, paying or remit­ Or other use by the sender. bank on its next banking day. ting for it, returning it or sending notice

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6214 PROPOSED RULE MAKING of dishonor or nonpayment, or making payor any bill, note or warrant issued § 210.16 Operating letters. or providing for any necessary protest, and payable by any State or any county, Each Federal Reserve bank shall issue the time of such bank, as limited by this district, political subdivision or munici­ operating letters (sometimes referred to part or the operating letters of the Fed­ pality of any State, such bill, note or war­ as operating circulars or bulletins), not eral Reserve banks, or by the applicable rant being a cash item not payable or inconsistent with this part, governing law of any State, for taking or complet­ collectible through a bank, the provisions the details of itar'bperations in the han­ ing the action thereby delayed shall be of §§ 210.9, 210.12, and 210.13 and the dling of cash items and noncash items, extended for such time after the cause operating letters of the Federal Reserve and containing such other matters as are of the delay ceases to operate as shall banks shall be applicable to the payor as required by the provisions of this part. be necessary to take or complete the ac­ if it were a paying bank, the provisions Such letters may, among other things, tion, provided the bank exercises such of § 210.14 shall be applicable to it as if classify cash items and noncash items, diligence as the circumstances require. it were a bank, and each day on which require separate sorts and letters, and the payor shall be open for the regular provide different closing times for the § 210.15 Effect of direct presentment of conduct of its affairs or the accommoda­ receipt of different classes or types of certain warrants. tion of the public shall be treated as if it cash items and noncash items. Whenever a Federal Reserve bank ex­ were a banking day for it, within the [F.R. Doc. 67-4322; Filed, Apr. 19, 1967; ercises its option to present direct to the meaning and for the purposes of § 210.12. 8 :4 6 a.m .]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6215 N otices

the Comptroller of the Currency, or the 2. Copies of documents which are to DEPARTMENT OF THE TREASURY Secretary of the Treasury, whether or be published in the F ed e r a l R e g is t e r Comptroller of the Currency not otherwise delegated, which is essen­ may be certified only by the officers tial to the carrying out of responsibilities named in paragraph 1(a) of this order. [Delegation Order No. 9] otherwise assigned to them. The re­ 3. The Director of Administrative FIRST DEPUTY COMPTROLLER OF spective officers will be notified when Services, the Commissioner of Internal THE CURRENCY ET AL. they are to cease exercising the author­ Revenue Service, and the Commissioner ity delegated in this paragraph. of the Public Debt are authorized to pro­ Order of Succession To Act as 3. Delegation Order No. 8 is hereby re­cure and maintain custody of the dies of Comptroller pealed. the Treasury Seal. By virtue of the authority vested in Dated: March 6,1967. The officers authorized in paragraph me by Treasury Department Order No. 1 (c) may make use of such dies. 129 (Rev. No. 2), dated April 22, 1955, [ s e a l ] W il l ia m B . C a m p , Dated: April 13,1967. it is hereby ordered as follows: Comptroller of the Currency. [ s e a l ] a . E. W e a t h e r b e e , 1. The following officers in the Bureau[FR. Doc. 67-4352; Filed, Apr. 19, 1967; Assistant Secretary for Administration. of the Comptroller of the Currency, in 8:4 8 a.m .] the order of succession enumerated, [FR. Doc. 67-4353; Filed, Apr. 19, 1967; shall act as Comptroller of the Currency Office of the Secretary 8:4 8 ajm .} during the absence or disability of the Comptroller of the Currency or when [Treasury Dept. Order No. 107; Rev. 11] there is a vacancy in such office: DIRECTOR OF ADMINISTRATIVE DEPARTMENT OF JUSTICE (1) Justin T. Watson, First Deputy Comp­ SERVICES ET AL. troller of th e Currency. Immigration and Naturalization (2) Wayne G. Weachman, Administrative Authority To Affix Seal of the Service Assistant to the Comptroller of the Currency. Department (3) Thomas G. DeShazo, Deputy Comp­ PORTS OF ENTRY FOR ALIENS troller of the Currency. By virtue of the authority vested in the (4) David C. Motter, Deputy Comptroller Secretary of the Treasury, including the San Diego Border Station and of the Currency. authority conferred by & U.S.C. 301, and San Ysidro, Calif. (5) John D. Gwin, Deputy Comptroller of by virtue of the authority delegated to the Currency. me by Treasury Department Order No. Effective upon publication in the F e d ­ (6) Frank H. Ellis, Chief National Bank 190, Revision 4, it is hereby ordered that: er a l R e g is t e r , the following amendment Exam iner. to the Statement of Organization of the (7) Dean E. Miller, Deputy Comptroller of 1. Except as provided in paragraph 2, the Currency. the following officers are authorized to Immigration and Naturalization Service (8) Richard J. Blanchard, Deputy Comp­ affix the Seal of the Treasury Depart­ (19 FJR. 8071, Dec. 8,1954), as amended, troller of the Currency. ment in the authentication of originals is prescribed: (9) E. Radcliffe Park, Deputy Comptroller and copies of books, records, papers, writ­ District No. 16—Los Angeles, Calif., of of the Currency. ings, and documents of the Department, subparagraph (2) Ports of entry for (10) Albert J. Faulstich, Deputy Comp­ for all purposes, including the purposes aliens arriving by vessel or by land trans­ troller of the Currency. authorized by 28 U.S.C. 1733(b): portation of paragraph (c) suboffices of (11) Regional Administrator of National section 1.51 Field service is amended in Banks at Richmond, Va. (a) In the Office of Administrative (12) Regional Administrator of National Services: the following respects: Banks at Philadelphia, Pa. 1. “*San Diego Border station, Calif.,” (1) Director of Administrative Services. is added in alphabetical sequence. (13) Regional Administrator of National (2) Chief, General Services Division. Banks at New York City, N.Y. (3) Chief, Printing and Procurement Di­ 2. “*San Ysidro, Calif.,” is deleted. (14) Regional Administrator of National v isio n . Banks at Cleveland, Ohio. Dated: April 13,1967. (4) Chief, Directives Control and Distribu­ (15) Regional Administrator of National tion Branch. R a y m o n d F . F a r r e l l , Banks at Atlanta, Ga. Commissioner of (16) Regional Administrator of National (b) In the Internal Revenue Service: Banks at Boston, Mass. Immigration and Naturalization. (17) Regional Administrator of National (1) Commissioner of Internal Revenue. [F.R. Doc. 67-4331; Filed, Apr. 19, 1967; Banks at Chicago, 111.. (2) Director, and Assistant Director, Col­ 8 :4 7 a.m .] (18) Regional Administrator of National lection Division. Banks at Memphis, Tenn. (3) Chief, and Assistant Chief, Disclosure (19) Regional Administrator of National and Liaison Branch, Collection Division. Banks at Kansas City, Mo. (c) In the Bureau of Customs: (20) Regional Administrator of National DEPARTMENT OF THE INTERIOR Banks at Minneapolis, Minn. (1) Commissioner of Customs. Bureau of Land Management (21) Regional Administrator of National (2) Deputy Commissioner of Customs. Banks at Dallas, Tex. (3) Assistant Commissioner of Customs [Serial No. Colorado 1018] (22) Regional Administrator of National (Administration). Banks at Denver, Colo. (4) Assistant Commissioner of Customs COLORADO (23) Regional Administrator of National (Investigations). N otice of Classification of Public Banks at San Francisco, Calif. (5) Assistant Commissioner of Customs (24) Regional Administrator of National (Operations). Lands for Multiple Use Manage­ Banks at Portland, Greg. (6) Assistant Commissioner of Customs ment (Regulations and Rulings). 2. In the event of an enemy attack on A p r il 10,1967. the continental United States, all Re­ (d) In the Bureau of the Public Debt: 1. Pursuant to the Act of September gional Administrators of National Banks, (1) Commissioner of the Public Debt. 19, 1964 (78 Stat. 986; 43 U.S.C. 1411-18) including any Acting Regional Adminis­ ( 2 ) Deputy Commissioner in Charge of the and to the regulations in 43 CFR Parts trators, are authorized in their respec­ Chicago Office. 2410 and 2411, it is proposed to classify (3) Assistant Deputy Commissioner in for multiple-use management all of the tive regions to perform any function of Charge of the Chicago Office. public lands in the area described below,

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 \ 6216 NOTICES together with any lands therein that may Secs. 17 to 20, inclusive; Sec. 34, S%; Secs. 29 to 32, inclusive. Sec. 35, Sy2; become public lands in the future. Pub­ T. 7 N., R. 96 W., Sec.36,Sy2. lication of this notice has the effect (a) Secs. 1 to 12, inclusive; T. 7 N., R. 102 W., of segregating all the public land in the Secs. 15 to 22, inclusive; Secs. 1 to 5, inclusive; described area below from appropriation Secs. 27 to 34, inclusive. Sec. 6, E%; only under the agricultural land laws (43 Tps. 8 and 9 N., R. 96 W. S e c .7 ,E y 2 ; U.S.C. Parts 7 and 9; 25-U.S.C. sec. 334) T. 10-N., R. 96 W., Secs. 8 to 17, inclusive; and from sales under section 2455 of the Sec. 7, S W 1 4 , and Wy2SE%; Sec. 18, EV&; Sec. 18, w y2, and Wy£E%; Sec. 19, E 1/^; Revised Statutes (43 U.S.C. 1171) and Secs. 19 to 22, inclusive; * Secs. 20 to 24, inclusive; (b) of further segregating the lands de­ Secs. 27 to 34, inclusive. Sec. 25, N y2; scribed in paragraph 3 of this notice from T. 11 N„ R. 96 W., Sec. 26, Ny2; the operation of the general mining laws Secs. 1 to 12, inclusive; Sec. 27, Ni/2; (30 U.S.C. 21). Except as provided in Sec. 17,wy2; Sec. 28, Ni/2. (a) and (b) above, the lands shall re­ Secs. 18 and 19; T. 8 N„ R. 102 W., main open to all other applicable forms Sec. 20, w y 2 . Secs. 1 to 4, inclusive; T. 12 N., R. 96 W. Secs. 9 to 15, inclusive; of appropriation, including trie mining T. 3 N., R. 97 W., Sec. 16, Ni/2; and mineral leasing laws. As used here­ Secs. 1 to 18, inclusive. Secs. 22 to 27, inclusive; in, “public lands” means any lands with­ T. 4 N., R. 97 W., Sec. 32, SE%; drawn or reserved by Executive Order Secs. 25 to 36, inclusive. Sec. 33, S%; No. 6910 of November 26,1934, as amend­ Tps. 6 to 12 N., R. 97 W. Secs. 34,35, and 36. ed, or within a grazing district estab­ T. 3 N„ R. 98 W., T. 9 N., R. 102 W., lished pursuant to the Act of June 28, Secs. 1 to 18, inclusive. Secs. 1 to 15, inclusive; T. 4 N„ R. 98 W. Sec. 16, Ei/2; 1934 (48 Stat. 1269), as amended, which T. 5 N„ R. 98 W., Sec. 18, wy2; are not otherwise withdrawn or reserved Secs. 2 to 11, inclusive; Sec. 19,w y2; for a Federal use or purpose. No ad­ Secs. 14 to 23, inclusive; Sec. 21, E%; verse comments were received following Secs. 26 to 35, inclusive. Secs. 22 to 27, inclusive; publication of a notice of proposed clas­ Tps. 6 to 12 N., R. 98 W. Sec. 28, Ey2; sification (31 F.R. 16718) or at a public T. 3 N„ R. 99 W.i Sec. 33, Ey2; hearing at Craig, Colo., on February 4, Secs. 1 to 18, inclusive. Secs. 34, 35, and 36. Tps. 4 and 5 N., R. 99 W. Tps, 10, 11, and 12 N., R. 102 W. 1967. The record showing the com­ T.6N., R.99W ., T. 3 N., R. 103 W., ments received and other information is Secs. 1 to 6, inclusive; Secs. 1 to 18, inclusive. on file and can be examined in the Craig Sec. 8, EÎ4; Tps. 4 and 5 N., R. 103 W. District Office, Craig, Colo. Secs. 9 to 16, inclusive; T. 6 N., R. 103 W., 2. The public lands affected by this- Sec. 17, NE Sec. 27, sy2Si/4; classification are located within the fol­ Sec. 22, Ni/£ and SE^; Sec. 28, Sy2NWi4, SW ^, and Sy2SE&; lowing described areas and are shown on Secs. 23 to 26, inclusive; Sec. 29, syzNi/4, and sy2; Sec. 27, NE y4, a n d S% ; - Secs. 30 to 34, inclusive; maps on file in the Craig District Office, Sec. 28, Si/2; Sec. 35, S V6; Bureau of Land Management, Craig, Sec. 29, SE 1 4 ; S ec. 36, Sy2. Colo.; and in the Colorado Land Office, Sec.31,sy2; T. 7 N., R. 103 W., Bureau of Land Management, Federal Sec. 32, NE J4, and S 1^ ; Sec. 6. Building, Room 15019, 1961 Stout Street, Secs. 33 to 36, inclusive. T. 8 N., R. 103 W., Denver, Colo. Tps. 7 to 12 N„ R. 99 W. Sec. 2, wy2; T. 3 N., R. 100 W., Secs. 3 to 10, inclusive; S ix t h P r in c ip a l M e r id ia n , Colorado Secs. 1 to 18, inclusive. Sec. 11, wy2 ; Tps. 4 and 5 N., R. 100 W. Secs. 16 to 21, inclusive; MOFFAT COUNTY T. 6 N„ R. 100 W., Secs. 28 to 31, inclusive. T. 11N..R. 91 W., Secs. 1 to 5, inclusive; T. 9 N., R. 103 W., Secs. 4 to 9, inclusive; Sec. 6, N%; Secs. 1 to 35, inclusive. Secs. 16 to 21, inclusive; Sec. 31,S%; Tps. 10, 11, and 12 N , R. 103 W. Secs. 28 to 33, inclusive. Sec. 32, S ys ; T. 3 N., R. 104 W., T. 12 N., R. 91 W., Sec. 33, Sy2; Secs. 1, 2, 3, and 10 to 15, inclusive. Secs. 13 to 17, inclusive; Sec. 34, sy,; Tps. 4 and 5 N., R. 104 W. Sec. 19, S%; Sec. 35, S%; T. 6 N., R. 104 W., Secs. 20 to 35, inclusive. Sec. 36, S y2. se c .2 8 ,sy 2sy2; T. 11 N., R. 92 W., Tps. 7 to 12 N„ R. 100 W. Sec. 24, Si/aSWVi; Secs. 1 to 26, inclusive; T. 3 N., R. 101 W., ’ Secs. 25, 26, 35, and 36. Secs. 35 and 36. Secs. 1 to 18, inclusive. T. 7 N., R. 104 W , T. 11 N., R. 93 W„ Tps. 4 and 5 N., R. 101 W. Secs. 1 a n d 2. Secs. 1 to 18, inclusive; T. 6 N., R. 101 W., Tps. 8 to 12 N., R. 104 W. Secs. 20 to 24, inclusive. S ec. 1, Ny2; The area described aggregates ap­ T. 12 N., R. 93 W., Sec. 2, Ny2; Secs. 15 to 22, inclusive; Sec. 31, sy2; proximately 1,127,678 acres of public Secs. 27 to 34, inclusive. Sec. 32, S^s; land in Moffat County, Colo. T. 11 N., R. 94 W. Sec. 33, S%; Secs. 1 to 20, inclusive. Sec. 34, sy 2; RIO BLANCO COUNTY T. 12 N., R. 94 W. Sec. 35, Sy2; T. 2 S., R. 94 W., T. 11 N., R. 95 W., Sec. 36, sy2. Secs. 5 to 8, inclusive; Secs. 1 to 16, inclusive; T. 7 N„ R. 101 W., Secs. 17 to 20, inclusive; Sec. 17, lots 18 and 19; Secs. 1 to 27, inclusive; Secs. 29 to 32, inclusive. Sec. 18; S ec. 28, N 1 4 ; T. 3 S., R. 94 W., Sec. 21, lots 1,14,15,16 and 25; Secs. 5 to 8, inclusive; Sec. 29, N y2; Secs. 22 to 24, inclusive; Secs. 17 to 20, inclusive; s e c . 26, wy2; Sec. 30, Ny2; Secs. 29 to 32, inclusive. Sec. 27; Sec. 34, Ni/2; T. 4 S., R. 94 W., Sec. 32; Secs. 35 and 36. Sec. 4, w y2; S ec. 34; Tps. 8 to 12 N., R. 101 W. Secs. 5 to 8, inclusive; Sec. 35, wy2. S e c . 9, WJ&; T. 12 N., R. 95 W. T. 3 N., R. 102 W., T. 3 N., R. 96 W., Secs. 1 to 18, inclusive. Sec. 16, W&; Secs. 2 to 11, inclusive; Tps. 4 and 5 N., R. 102 W. Secs. 17 and 18. Secs. 14 to 18, inclusive. T. 6 N., R. 102 W„ T. 1 N., R . 95 W., T. 4 N., R. 96 W., Sec. 31,Sy2; Secs. 5 to 8, inclusive; Secs. 26 to 35, inclusive. Sec. 32, Sy2 ; Secs. 17 to 20, inclusive; T. 6 N., R. 96 W.,_ Secs. 5 to 8, inclusive; s e c . 3 3 , s y 2; Secs. 29 to 34, inclusive.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 NOTICES 6217 T. 2 N., R. 95 W., Disappointment Gulch Site Secs. 4 to 9, Inclusive; 988; 43 U.S.C. 1421-27); exchanges under Secs. 16 to 20, inclusive; T. 5 N., R. 100 W., section 8(b) of the Taylor Grazing Act Sec. 12, SE&; Secs. 29 to 32, inclusive. of June 28, 1934 (48 Stat. 1272; 43 U.S.C. Sec. 13, E 1 4 ; T. 3 N., R. 95 W., 315g); from lease or sale under the Rec­ Secs. 28 to 33, inclusive. Sec. 24, E ^. reation and Public Purposes Act of June Tps. 1 to 3 S., R. 95 W. Irish Canyon Site 14, 1926, as amended (44 Stat. 741; 43 T. 4 S., R. 95 W., U.S.C. 869) and (b) of further segregat­ Secs. 1 to 18, inclusive. T. 10 N„ R. 101 W., Sec. 34, NE&NW54. ing the lands described in paragraph 4 of Tps. 1 and 2 N„ R. 96 W. this notice from the operation of the gen­ T. 3 N„ R . 96 W ., Blue Mountain Site Secs. 19 to 36, inclusive. eral mining laws (30 U.S.C. 20). Except Tps. 1 to 3 S., R. 96 W. T. 3 N„ R. 102 W., as provided in (a) and (b) above, the T. 4 S., R. 96 W., Sec. 5, N&SEi4, NE&. land shall remain open to all other ap­ Secs. 1 to 18, inclusive. Goodman Gulch Site plicable forms of appropriation, includ­ . Tps. 1 and 2 N., R. 97 W. ing the mining and mineral leasing or T. 3 N„ R. 97 W., . T. 10 N., R. 102 W., material sale laws. As used herein, “pub­ Secs. 19 to 36, inclusive. Sec. 7, Wi/2SWi/4NEi4, E^SE^NW ^, Wy2NW^SE^,NEiASW^4. . lic lands” means any lands withdrawn Tps. 1 to 3 S., R. 97 W. or reserved by Executive Order No. 6910 T. 4 S., R. 97 W., V RIO BLANCO COUNTY Secs. 1 to 18, inclusive. of November 26, 1934, as amended, or Tps. 1 and 2 N., R. 98 W. Meeker-White River Site within a grazing district established pur­ T. 3 N., R . 98 W., T. 1 N., R. 96 W., suant to the Act of June 28,1934 (48 Stat. Secs. 19 to 36, inclusive. Sec. 25, lots 16,17, 20, and 22. 1269), as amended, which are not other­ Tps. 1 to 3 S., R. 98 W. wise withdrawn or reserved for a Federal T. 4 S., R. 98 W., Red Wash $ite use or purpose. Secs. 1 to 18, inclusive. T. 2 N., R. 101 W., 3. The public lands proposed for clas­ Tps. 1 and 2 N., R. 99 W. Sec. 11, lots 3, 4, 5, 8, 9, ana 10. T. 3 N., R . 99 W., sification are located within the follow­ Secs. 19 to 36, inclusive. Rangely Site ing described area and are shown on a Tps. 1 to 3 S., R. 99 W. T. 1 N„ R. 102 W., map and designated by Serial No. 815, in T. 4 S„ R. 99 W., Sec. 11, SE^SE^; the Carson City District Office, Bureau of Secs. 1 to 18, inclusive. Sec. 12,S&SW%; Land Management, 801 North Plaza Tps. 1 and 2 N„ R. 100 W. Sec. 13, N 14NW 1 4 . T. 3 N., R . 100 W ., Street, Carson City, Nev., and the Land Secs. 19 to 36, inclusive. Raven Ridge Site Office, Bureau of Land Management, Tps. 1 to 4 S., R. 100 W. Room 3008 Federal Building, 300 Booth Tps. 1 and 2 N„ R. 101 W. T. 1 N., R. 103 W., Street, Reno, Nev. T.3N., R. 101 W., Sec. 12, lots 5, 6, and 9. M o u n t D ia blo M e r id ia n , N evada Secs. 19 to 36, inclusive. T. 1 N., R. 102 W., Sec. 7, lot 9. Tps. 1 to 4 S., R. 101 W. l y o n c o u n t y Tps. 1 and 2 N., R. 102 W. Mellen Hill Site T. 3 N„ R . 102 W., T. 7 N., R. 26 E., Secs. 19 to 36, inclusive. T. 2 N., R. 103 W., Sec. 25, NEJ4., S 1/^; Tps. 1 to 4 S., R. 102 W. S ec. 4, sy2. Sec. 36, NE*4, SE 14NW 14, S% . Tps. 1 and 2 N„ R. 103 W. T. 9 N., R. 26 E„ T. 3 N„ R . 103 W., The areas described aggregate approx­ Secs. 1, 12, 13, 24, 25, and 36, unsurveyed. Secs. 19 to 36, inclusive. imately 1,837 acres of public lands. T. 10 N., R. 26 E„ - Tps. 1 to 4 S., R. 103 W. 4. For a period of 30 days after publi­ Secs. 35 and 36. cation of this notice in the F ederal R eg ­ T. 7 N., R. 27 E„ Tps. 1 and 2 N., R. 104 W. Sec. 1, S% ; is t e r , the classification shall be subject T. 3 N„ R . 104 W ., Secs. 2 to 18, inclusive; Secs. 22 to 27, inclusive; to the exercise of administrative review Sec. 19, NE 14NE 14, NW y4 NW'/4 , Sy2 N W (4, Secs. 34,35, and 36. and modification by the Secretary of the SW&; Tps. 1 to 4 S., R. 104 W. Interior. All comments should be ad­ Secs. 20 to 29, inclusive; dressed to the Secretary of the Interior, Sec. 30, NE 14, w y 2 NW>4 , W y2 S W i4, S E ^ ; The area described aggregates approx­ LLM, 721, Washington, D.C. 20240. Secs. 31 to 36, inclusive. imately 1,104,320 acres of public land in T. 8 N., R. 27 E„ Rio Blanco County, Colo. E . I . R o w l a n d , Secs. 1 to 4, inclusive; State Director. Sec. 5 , N>4 , N E 14SW 1 4 , N y2 SEV4, SE>4 3. As provided in paragraph 1 above, SE ]4; [F.R. Doc. 67-4325; Filed, Apr. 19, 1967; Secs. 6 an d 7; the following lands are segregated from 8:4 6 a m .] Sec. 8 , N E 14N E & , N w y 4 N w y 4 , s y 2N w u appropriation under the mining laws; sy 2; S ix t h P r in c ip a l M e r id ia n , C olorado [Serial No. N-815] Sec. 9, N%, NE]4SW*4, N^SEU, SE (4 SEy4 ; M o ffa t Co u n t y NEVADA Sec. 1 0 , N y2 , N y2 SW (4, S E 14SW 1 4 , SEi/4 ; Cedar Springs Draw Site Sec. 11 to 14, inclusive; Notice of Proposed Classification of Sec. 15, NE%, NE]4NW]4, NW&SW&, S& T. 6 N., R. 97 W., Public Lands for M u ltip le Use SW 1 4 . NE y 4 SE]4, Sy2SE(4; Sec. 23, Ei/2Ey2SW%, W%SE«4; Sec. 16, Wy2 NEV4, W»/2 , S E ft; Sec. 26, W%NW%NE}4 , E ^ N E & N W ^ . Management Sec. 21; A p r il 13,1967. Sec. 22, Ny2 NEi,4, SE]4NE]4, W%, SW '/4 Cross Mountain Site 1. Pursuant to the Act of September 19, SEi/4 ; T. 6 N., R. 98 W., 1964 (43 U.S.C. 1411-18), and to the reg­ Sec. 23, NE 1 4 , N y2 NW % , S E & N W 1 4 , S y 2 ; Secs. 24 to 28, inclusive; Sec. 13, SE ^N E ^.S^; ulations in 43 CFR Parts 2410 and 2411, it Secs. 33 and 34; Sec. 14, SE 1 4 . is proposed to classify for multiple use Sec. 35, W ^; Elk Springs Site management the public lands described Sec. 36, NE»4, NW ^NW ^, SE]4. in paragraph 3 below, together with any T. 9 N., R. 27 E., T. 5 N., R . 9 9 w ., lands therein that may become public S ecs. 6 , 7, 8 , 17 an d 18; Sec. 25, NWi/4 SWi/4, SE%SW$4, S%SE%. lands in the future. Sec. 19, Ni/2, SW‘/4, N^SEft, SWi/iSEft; 2. Publication of this notice has the Sec. 20,N%, SE 1 4 ; Divide Creek Site effect (a) of segregating the described Sec. 21, W ^; T- 3 N„ R. 100 W ., lands from appropriation only under the Secs. 25 to 28, inclusive; Sec. 13.SW1/4. Sec. 29, NE^SE^» S%SE}4; agricultural land laws (43 U.S.C. Chs. 7 Sec. 30, W y 2 ; Peterson Draw Site and 9; 25 U.S.C. sec. 334) ; from sales Sec. 31, w y2, E%SE»4; under section 2455 of the Revised Stat­ Secs. 32 to 36, inclusive. % 4 N., R. 1 0 0 W., utes (43 U.S.C. 1171) ; the Public Land T. 10 N., R. 27 E., Sec. 24, S%NE}4 . Sale Act of September 19, 1964 (78 Stat. Sec. 31, unsurveyed.

xt FEDERAL REGISTER, VOL. 32 , NO. 76— THURSDAY, APRIL 2 0 , 1 9 6 7 N o. 76------7 6218 NOTICES

MINERAL COUNTY Sec. 25; The public lands in the areas described Sec. 26, Ni/2, SW54, Ny2SEy4; aggregate approximately 3,586.80 acres. T. 6 N., R. 26 E., s e c . 2 7 , Ny2, sw y4. Ny2SEy4 , s e ^ s e ^ ; 5. For a period of 60 days from the Secs. 1 and 12. sec. 28, NEy4, NEy4Nwy4, sy2Nwy4, sy2; T. 5 N., R. 27 E., s e c . 2 9 , Ny2, Ny2swy4,_ sEy4swy4, SE 1 4 ; date of publication of this notice in the Sec. 1, N E 1 4 , W^NW>/4, NE%SW%. S®!4; Sec. 30, NEy4, exclusive of patented mining F e pe r a l R e g is t e r , all persons who wish Sec. 2, Ni/2NEV4, SWi/4NEi/4, NW%, N% claims, wy2, exclusive of patented min­ to submit comments, suggestions, or s w y 4 , s w y 4 s w v 4 ; ing claims, W%SEy4> NEy4SEy4; objections in connection with the pro­ s e c . 1 1 , N w y 4 N W ^ , s y 2 NW % , s w y 4 , s y 2 Sec. 31, Lots 1 to 4, inclusive, NWy4NE!4. posed classification may present their SE%; sy2 NEy4 , Ey2 Nwy4 , Ey2 swy4 , s e %; views in writing to the District Manager, Sec. 12, NEi/4) NE‘/4 NW y4 , Sy2 NW % , S ^ ; s e c . 3 2 , NEy4 NEy4 . wy2 swy4 , sEy4 sw y 4 ; Bureau of Land Management, 801 North S ee 13* s e c . 3 3 , NEy4, Ey2N w y 4 , s w y ^ N w y i, Ey> Sec! 14, Wy2 NEy4, wy2, NW»ASE%, S Plaza Street, Carson City, Nev. 89701. Yi swy4, N y2 s e V4, SEV4 SEy4 ; SE y4; Sec. 34, Ny2, swy4, N 1/2 SE 1 4 , S E 14SE 1 4 ; 6. A public hearing on the proposed Sec. 23, 24, and 25, inclusive; Sec. 35,NW%. S%. classification will be held on May 15, Sec. 26, Lots 1 to 7, inclusive, NE^4, NE% T. 6 N., R. 28 E„ 1967, at 10 a.m., in the Lyon County NW y4 , NEV4SE%; Secs. 1 to 18, inclusive; Sec. 36, Lots 1 to 6 , inclusive, N^NE1^, Courthouse, Yerington, Nev. s e c . 1 9 , n i/2, Ny2 swy4, swy4swy4, Ny2 SE & N E 1 4 , NE % N W %. SEi/4 , SEy4SEy4 ; M a r t in W i B u z a n , T . 6 N., R. 27 E., Secs. 20 to 22, inclusive; Acting State Director, "Nevada. Secs. 1 and 2; Sec. 23, Ny2, SW 1 4 . NEy SEy , Sy2SEy4 ; Sec. 3, N E 1 4 , Ni/2 NW y4 , SEy4 NW y4 , N y2 4 4 [P.R. Doc. 67-4328; Piled, Apr. 19, 1967; Secs. 24 to 33, inclusive; SEy4, SE%SE>4; 8 :4 6 a.m .] Sec. 34, Ny2 NEy4 , SEy4 NEy4, NW%, Nwy4 Sec. 4, Wy2, SWV4SE»4; s w y 4 , sE y4 s w % , N E 1 4 SE 1 4 , s y 2 SEy4 ; Sec. 5 to 9, inclusive. s e c . 3 5 , Ny2, sy2sw y4,NEy4SEy4, sy2SE%; [New Mexico 1999] T . 6 N., R. 27 E., , Sec. 36. s e c . 1 0 , n e ^ n e i ^, s y 2 N w y 4 , s w y 4 , s y 2 NEW MEXICO SE^4 ; T. 7 N., R. 28 E., Sec. 11, N^NEy4. SE%NE%. NWy4; Sec. 2, Ni/2 , Ey2 s w y 4 , SE»/4 ; Notice of Proposed Withdrawal a n d Secs. 3 to 9, inclusive; Secs. 12 and 13; Reservation of Lands Sec. 14, Wy2 N W % ,S i/2 ; s e c . 1 0 , n y2n e y4, S W 14NE 1 4 , wy2, SEi4 ; s e c . n,Ey2, w%swy4 ; Secs. 15 to 18, inclusive; A p r il 15, 1967. Secs. 20 to 23, inclusive; Secs. 12 to 36, inclusive. Sec. 24, NE%NEi4, S^NE^, NWy4 NW y4 , T. 8 N., R. 28 E., The Atomic Energy Commission has s y 2 N w y 4 , s w y 4 , N y2 SE i4; Secs. 4 to 9, inclusive; filed an application, Serial Number New Sec. 25, w y2; Sec. 10, W%; Mexico 1999 for the withdrawal of lands Sec. 26, Ny2, N y2s w y 4 . SE% SW % , SEV4 ; s e c . 1 5 , w y 2NEy4 , sE y4 NEy4 , w y 2 , SEy4; described below from all forms of ap­ Sec. 35, Ny2 NEy4, SE^NE^, NEy4NWy4, Secs. 16 to 22, inclusive; propriation, including the general Gain­ s y 2 N w y 4 , s y 2 ; Sec. 26, N y2 , S W 1 4 , W y2 SEy4, S E 14SE 1 4 ; ing and the mineral leasing laws. The Sec. 36, sy 2 NEV4, NW t4. S>/2. Secs. 27 to 35, inclusive. applicant desires the land for the con­ T. 7 N., R. 2 7 E., T. 9 N., R. 28 E., Sec. 30, NWy4SWy4. Secs. 28 to 33, inclusive. duct of an experiment called Project T. 8 N., R. 27 E.,s Gasbuggy which is for the purpose of Sec. 5, Lot 4, SW%NWy4; The public lands in the areas described stimulating natural gas production by Sec. 6, L o t 1; aggregate approximately 174,195 acres. means of nuclear explosives. sec. i5,sy2SEy4; 4. As provided in paragraph 2, the fol­ For a period of 30 days from the date Sec. 22, SE%NEy4, SE%SWy4, SW^SEVi- lowing described public lands which are of publication of this notice, all persons T. 9 N., R. 27 E., a part of the lands described in para­ Sec. 21, Lot 6, NE14SW1/4; who wish to submit comments, sugges­ Sec. 28, Lot 1, NE&NW 1 4 ; graph 3 are further segregated from ap­ tions, or objections in connection with Sec. 31, Ey2SEy4. propriation under the general mining the proposed withdrawal may present T. 4 N., R. 28 E., laws but not the mineral leasing or ma­ their views in writing to the undersigned Secs. 1 to 3, inclusive; terial sale laws. officer of the Bureau of Land Manage­ Sec. 4, Ny2,N y2SWy4, SE%SWy4, SE1/4; M o u n t D ia b l o M e r id ia n , N evada ment, Department of the Interior, Chief, Sec. 5, Lot 5, Ny2,Ey2SWy4. SEi/4; Division of Lands and Minerals Program Sec. 6, Lots 1 to 9, inclusive, SEy4NE1/4i T .7N ., R. 26 E., Sec. 8, Lots 1 and 2, Ny2NE%, SE%NEy4; Sec. 25, NE 14SE 1 4 , s y 2S E i4 ; Management and Land Office, Post Office Sec. 9, Lots 1 and 2, N%, NE^4SW^4, SE%; Sec. 36, Ny2NE%. Box 1449, Santa Fe, N. Mex. 87501. Secs. 10 to 12, inclusive; T. 7 N., R. 27 E., The authorized officer of the Bureau Sec. 13,NWy4; s e c . 3 , L o t 4 , swyiNwyi, Nwy4swy4; of Land Management will undertake Sec. 14,Ny2; Sec. 4, Lots 1 and 2, sy2NEy4, Ey2SWy4. such investigations as are necessary to Sec. 15,N y2; SEJ4; determine the existing and potential de­ Sec. 16, Lots 1 to 4, inclusive, NE^NE^- s e c . 5 , sy2swy4. SEy4 ; T. 5 N., R. 28 E., Sec. 7,Ey2Ey2; mand for the lands and their resources. S ecs. 2 a n d 3; sec. 8, Ny2NEy4 , n w »4. wy2swy4; He will also undertake negotiations with Sec. 4 , NE% . Sy2 NWV4. Sy2 ; s e c . 9 , N w y 4NEy4 , N y2N w y4; the applicant agency with the view of s e c . 5, W y2 NEi/4 , Ey2 NWy4. NWy4NW%, s e c . 1 7 , w y 2N w y 4 , N w y 4 sw y 4 ; adjusting the application to reduce the n e 14 s w %, s y2 s w y4 , s e v 4 ; Sec. 18, Lots 3 and 4, NEy4NEy4> Sy4NEy4> area to the minimum essential to meet Sec. 6, NyaN E i4. wy2, W%SE%, SE^SE^; SEy4Nwy4, Ey2swy4, N»4SEy4, swy4 the applicant’s needs, to provide for the Sec. 7, Ny2swy4, wy^SE^, exclusive of SEy4; maximum concurrent utilization of the patented mining claims; Sec. 19, N E1/4NEV4: sec. -8, Ny2, Ny2swy4, sEy4Swy4, SE 1 4 ; Sec. 30, Lot 4, Ny2NEy4, SWi4NEy4, NW& lands for purposes other than the ap­ S ec. 9; s w y 4 . plicant’s, to eliminate lands needed for "Sec. 10, e x clu siv e o f p a te n te d m in in g T . 8 N ., R . 27 E., purposes more essential than the appli­ claim s; s e c . 5 , L o t 4 , sw y4Nwy4, NEy4swy4; cant’s, and to reach agreement on the T. 5N., R. 28 E., Sec. 6, Lot 1; concurrent management of the lands s e c . 1 1 , N E 1 4 , Ni/2N w y4 , swy4Nwy4. sy2; Sec. 8, N E 14NE 1 4 ; and their resources. Secs. 14 a n d 15; s e c . 9 , swy4Nwy4. NEy4swy4. Ny2SEy4. He will also prepare a report for con­ sec. 16, NE 1 4 , Ey2 N w y 4 , N w y 4 N w y 4 , Ey2 SE14SE14; s w y 4 , s w » 4 s w y 4 . S E 1 4 ; Sec. 15, NE%NW%. ^y2SEy4; sideration by the Secretary of the Inte­ Sec. 17, NV4NEV4, wyfc, exclusive of pat­ Sec. 22, Ny2 NE»4, SE14 NE1 4 , SE% SW y4. rior who will determine whether or not ented mining claims, Sy^SE^» exclusive SWy4SEy4; the lands will be withdrawn as requested of patented mining claims; Sec. 27, NW %, W&SWy4; by the Atomic Energy Commission. Sec. 18, exclusive of patented mining Sec. 28, Ey2Ey2; The determination of the Secretary claim s; Sec. 33, Ey2; Sec. 19, exclusive of patented mining Sec. 34,wy2W%. on the application will be published in claim s; T. 9 N., R. 27 E., the F ederal R e g is t e r . A separate no­ Sec. 20, exclusive of patented mining Sec. 21, Lot 6, NEy4SWy4; tice will be sent to each interested party claim s; Sec. 28, Lot 1, NEy4NW%; Secs. 21 to 23, inclusive; Sec. 31, Ey^SEy4* of record.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 NOTICES 6219

If circumstances warrant it, a public Highway 89; thence southeasterly along U.S. T. 23 N., R. 117 W., hearing will be held at a convenient time 89 to its junction with Interstate 80 at Sec. 31, N^NE^NE^. and place, which will be announced. Evanston; thence easterly along Interstate 80 T. 25 N., R. 117 W„ The lands involved in the application to the range line between Rs. 117 and 118 W.; Sec. 7, S&; thence south along said range line to the Secs. 18 and 19; are: southwest corner of sec. 19, T. 15 N„ R. 117 Sec. 30, lots 5, 6, 7, and 8, NEll, and E14 N e w M exico P r in c ip a l M e r id ia n W.; thence east to the northeast comer of W&; sec. 29,_T. 15 N., R. 117 W.; thence south to T. 29 N., R . 4 W ., Sec. 31, lots 5, 6, 7, and 8, Ey2V7y2. Sec. 36. the southeast comer of sec. 8, T. 14 N., R. T. 21 N., R. 118 W., 117 W.; thence east to the range line between Sec. 1, lots 5 and 6, S^NE>4 and SEV4; The area described aggregates 640 Rs. 116 and 117 W.; thence south along said Sec. 13, SE 14SW 14 a n d SE & ; acres. range line to the Wasatch National Forest Sec. 23, SE^SWy4 and SE&; Boundary; thence east and south along the M ic h a e l T . S o l a n , Secs. 24 to 27, inclusive; Chief, Division of Lands and Wasatch National Forest Boundary to its in­ Sec. 28, NE&, NWy4NWy4, Sy2NWy4, and tersection with the Wyoming-Utah border in s y 2; Minerals, Program Manage­ T. 12 N., R. 114 W.; thence east along the Sec. 29, SE % NE *4 and Ei/2SEy4; ment and Land Office. Wyoming-Utah border to the Uinta-Sweet- Sec. 34, NE 1 4 , Ni/jNWy*, SEt4NW%, and [FR. Doc. 67-4329; Piled, Apr. 19, 1967; water County line; thence north along the Ni/2SE^4; 8:4 6 a.m .] Uinta-Sweetwater County line to the point of Sec. 35, N% and N%S»/2. b e g in n in g . T. 22 N., R. 118 W., Also the following described area: Sec. 11, SE&; [Wyoming 5697] All public lands within T. 12 N„ R. 117 W. Sec. 13, SW 14NW 1 4 , N W 14SW 14. a n d S>/2 S y2; WYOMING LINCOLN COUNTY, WYOMING Sec. 14, NE 1 4 , S^N W ^, and S«/2; Sec. 15, Sy2Ny2 an d S% ; All public lands within the following de­ Proposed Classification of Public Sec. 23, N% and Ey2SE%', scribed area, except those lands within Plan­ Secs. 24 and 25; Lands for Multiple Use Manage-^ ning Unit 0474, as said planning unit is ment Sec. 26, Ey2Ey2. delineated upon the maps previously referred T. 23 N., R. 118 W., to : A p r il 13, 1967. Sec. 26, SE14SEV4. 1. Pursuant to the Act of Septem­ Beginning at the junction of the Lihcoln- T. 24 N., R. 118 W., ber 19, 1964 (43 U.S.C. 1411-18) and to Uinta-Sweetwater County lines; thence Sec. 4, lot 8. the regulations in 43 CFR Parts 2410 north along the Lincoln-Sweetwater County T. 25 N., R. 118 W., and 2411, it is proposed to classify for line to the Lincoln-Sublette County line; Sec. 13; thence west along the Lincoln-Sublette Sec. 19, lot 38; multiple use management the public County line to the Green River; thence Sec. 20, lot 33; lands described below, together with southerly down the Green River to the Secs. 23 and 24; any lands therein that may become pub­ township line between Tps. 24 and 25 N., Sec. 25, lots 1, 2, 3, and 4, N J/£ and NJ4S%; lic lands in the future. Publication of thence west along said township line to the Sec. 26; this notice has the effect of segregating range line between Rs. 115 and 116 W., in Sec. 31, lots 11, 12, 21, and 22; (a) all the described lands from appro­ T. 25 N.; thence north along said range line Sec. 35, lots 2, 3, 6, and 7, W y2 a n d Viy2Ey2\ to the Bridger National Forest Boundary; Sec. 36, lots 1, 10, 11, 20, 21, 22, and 23. priation only under the agricultural land thence west and north along the Bridger T. 26 N., R. 119 W„ laws (43 U.S.C. Parts 7 and 9; 25 U.S.C. National Forest Boundary to its intersection Sec. 4, Ni/2NWy4; sec. 334) and from sales under sèction with the Wyoming-Idaho border in T. 28 N., Sec. 5, NWy4. 2455 of the Revised Statutes (43 U.S.C. R. 120 W.; thence south along the Wyoming- T. 27 N„ R. 119 W., 1171) ; (b) the lands described in para­ Idaho and Wyoming-Utah borders to the Sec. 33, SWy4. graph 3 of this notice from appropria­ Lincoln-Uinta County lines; thence east T. 28 N., R. 119 W„ tion under the general mining laws (30 along the Lincoln-Uinta County line to the Sec. 19, SW ^NW ^; U.S.C. 21) ; and the lands shall remain point of beginning. Sec. 26, S^NW y4. open to all other applicable forms of The total area of the public lands in­ T. 28 N„ R. 120 W„ appropriation, including the mining laws cluded within the purview of this notice Sec. 24, SE^NE^. (except as provided in paragraph 3) and of proposed classification aggregates ap­ 4. For a period of 60 days from the the mineral leasing laws. As used proximately 1,295,065 acres. date of publication of this notice in the herein, “public lands” means any lands 3. As provided in paragraph 1 above,F ed e r a l R e g is t e r , all persons who wish withdrawn or reserved by Executive the following lands are further segre­ to submit comments, suggestions, or ob­ Order No. 6910 of November 26, 1934, gated from appropriation under the min­ jections in connection with the proposed as amended, or within a grazing-district ing laws (aggregating approximately classification may present their views in established pursuant to the Act of 23,113 acres): waiting to the Rock Springs District Of­ June 28, 1934 (48 Stat. 1269), as fice, Bureau of Land Management, Post amended, which are not otherwise with­ UINTA COUNTY, WYOMING Office Box 1088, Rock Springs, Wyo. drawn or reserved for a Federal use or T. 12 N., R. 117 W., 82901. purpose. Secs. 10,14, and 22. T. 17N..R. 119 W., 5. Public hearings on the proposed 2. Public lands located within the fol­ Sec. 20, SW 14SW 14. classification will be held on June 1,1967 lowing described areas are shown on the at 10 a.m. in the Courtroom, Uinta Uinta and Lincoln County Planning LINCOLN COUNTY, WYOMING County Courthouse, Evanston, Wyo., and Unit Classification Maps, which aré on T. 23 N., R. 116 W„ on June 2, 1967 at 10 am. in the Court­ file in the District Office, Bureau of Land Sec. 10, SW ^SE1^; room, Lincoln County Courthouse, Kem- Sec. 15, lot 2. merer, Wyo. Management, Rock Springs, Wyo., and T. 21 N., R. 117 W., E d P ie r s o n , the Land Office, Bureau of Land Man­ Sec. 4, lot 8, SWy4NWy4, and NW%SW%: agement, Federal Building, Cheyenne, S ecs. 5 an d 6; State Director. Wyo. The general descriptions of the Sec. 17, Wi/2; [F.R. Doc. 67-4330; Filed, Apr. 19, 1967; areas are as follows: Sec. 18, lots 6, 7, and 8, SE^NW 1^; 8 :4 7 a.m .] Sec. 19, lots 5, 6, 7, and 8, E%W^, Wy S ix t h P r in c ip a l M e r id ia n 2 Ei/2 , E 14 NE yA, an d N E 14 SE \ UINTA COUNTY, WYOMING Sec. 20, Ni/2NWi/4, SW ^NW ft, and NW% swy4; All public lands within the following de­ DEPARTMENT OF AGRICULTURE Sec. 30, lots 5, 6, 7, and 8, E%W&; scribed areas, except those lands within Plan­ Federal Crop Insurance Corporation Sec. 31, lots 5, 6, 7, and 8, W ^NE^, and ning Unit 0471, as said planning unit is de­ Ey2w y 2. [Notice 18] lineated upon the maps previously referred T. 22 N„ R. 117 W., Sec. 19, lots 14,15, and 16; SUGARBEETS IN MICHIGAN Beginning at the junction of the Uinta- Sec. 29, SW ^SW 1^; Extension of Closing Date for Filing of Lmooln-Sweetwater County lines; thence Sec. 30, lots 5 to 16, inclusive, S%SE&; west along the Uinta-Lincoln County line to Sec. 31, lots 5 to 16, inclusive, NE»4, N y2 Applications for 1967 Crop Year the Wyoming-Utah border; thence south £>E , a n d S W yA SE %; Pursuant to the authority contained in along the Wyoming-Utah border to U.S. Sec. 32, W ^NW ^. § 401.3 of Title 7, as amended, and pur-

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6220 NOTICES suant to paragraph 1 of the resolution naphthyl - N' - diethylpropylenediamine, (sec. 408(d) (1), 68 Stat. 512; 21 U.S.C. adopted by the Board of Directors of and measurement of the absorbance at 346a(d) (1)), notice is given that a peti­ the Federal Crop Insurance Corporation 565 millimicrons. tion (PP 7F0585) has been filed by The on March 19, 1954, the time for filing 2. Gas-liquid chromatography using Upjohn Co., Kalamazoo, Mich. 49001, an electron capture detector. proposing the establishment of a toler­ applications for sugarbeet crop insur­ ance of 1 part per million for residues ance for the 1967 crop year in all coun­ Dated: April 12, 1967. of the herbicide diphenamid (NJV- ties in Michigan where such insurance is dimethyl-2,2-diphenylacetamide) in or otherwise authorized to be offered is J . K . K i r k , hereby extended until the close of busi­ Associate Commissioner on the raw agricultural commodity ness on April 28, 1967. Such applica­ for Compliance. strawberries. tions received during this period will be The analytical method proposed in the [FR. Doc. 67-4376; Filed, Apr. 19, 1967; petition for determining residues of the accepted only after if is determined that 8 :5 0 a.m .] herbicide is vapor-phase chromatogra­ no adverse selectivity will result. phy and flame ionization detection. J o h n N. L u f t , Manager, UPJOHN CO. Dated: April 12,1967. Federal Crop Insurance Corporation, J . K . K ir k , Notice of Filing of Petition [F.R. Doc. 67-4378; Filed, Apr. 19, 1967; Associate Commissioner 8:50 "a.m.] Regarding Pesticides for Compliance. Pursuant to the provisions of the [F.R. Doc. 67-4377; Filed, Apr. ’ 19, 1967; DEPARTMENT OF HEALTH, EDUCA­ Federal Food, Drug, and Cosmetic Act 8 :5 0 a .m .] TION, AND WELFARE Food and Drug Administration FEDERAL COMMUNICATIONS COMMISSION MEIER’S WINE CELLARS, INC. [Informal List No. 6/66] Notice of Withdrawal of Petition for DOMINICAN REPUBLIC BROADCASTING STATIONS Food Additive Metatartaric Acid Additions and Changes in Assignments Pursuant to the provisions of the Fed­ O c t o b e r 6,1966. eral Food, Drug, and Cosmetic Act (sec. Notification of new Dominican Republic broadcasting stations and of changes in 409(b), 72 stat. 1786; 21 U.S.C. 348(b)), or deletions of existing stations made in conformity with Part m section n of the the following notice is issued: North American Regional Broadcasting Agreement, Washington, D.C. In accordance with § 121.52 With­ drawal of petitions without prejudice of Sched­ Expected date of the procedural food additive regulations Call letters Location Power kw ntenna ule Class commencement (21 CFR 121.52), Meier’s Wine Cellars, of operation Inc., 6955 Plainfield Park, Silverton, Cincinnati, Ohio 45236, has withdrawn 1610 kc/s its petition (FAP 6A2035), notice of HIPS (new). Nagua. 1 kwD/0.25 ND U III 11-15-66. which was published in the F ederal kwN. R e g is t e r of August 27, 1966 (31 F.R; 11402), proposing the issuance of a regu­ HOO kc/s lation to provide for the safe use of H IBN (changes in Puerto Plata. 1 kwD/0.26 ND U IV 12- 1-66. metatartaric acid as a stabilizer in wine. frequency and kwN. power, previously 1380 kc/s, 0.5 Dated: April 12, 1967. kwD/0.1 kwN). ÜS0 kc/t J . K . K i r k , Associate Commissioner HIBE (increase in Santo Domingo. 10 kwD/0.250 ND u II 2-11-67. for Compliance. power, previously kwN. . 1 kWD/0.26 kwN). [F.R. Doc. 67-4375; Filed, Apr. 19, 1967; 11,50 kc/» 8 :5 0 a.m .] •* HIDB (change in San Pedro de Macoris.. 1 kwDN..... ND U- IV 2-15-67. - frequency, pre­ viously 1380 kc/s): ROHM AND HAAS CO. 51,0 kc /t Notice of Filing of Petition HIBW (change in Santo Domingo... 6 kwD/1 kwN. N D " u III 12- 1-66. power, previously Regarding Pesticides 1 kwD/0.25 kwN), Pursuant to the provisions of the lUO kci* Federal Food, Drug, and Cosmetic Act HIFS (new).. N agua... 259 Watts D N . N D u III 1-1-67. (sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. 1S80 kc!» 346a(d) (1)), notice is given that a peti­ tion (PP 7F0583) has been filed by Rohm HIST (new).. Santiago. 5 kwD/1 kw N . ND u HI 3- 1-67. and Haas Co., Independence Mall West, USO kc/s' Philadelphia, Pa. 19105, proposing the HIV G (new) . LaVega. 1 kwD/0.25 ND TJ HI ' 1- 1-67. establishment of a tolerance of 1 part kwN. per million for residues of the herbicide 2,4-dichlorophenyl-p-nitrophenyl ether 1100 kc/s 1- 1-67. in or on the raw agricultural commodi­ HIMH (new)...... d o .., 0.25 kw/ND.. ND V III ties broccoli, brussels sprouts, cabbage, cauliflower, and kohlrabi. lUO kc/s 11-17-66. The analytical methods proposed in HIAK (increase in Santo Domingo. 1 kwD/0.25 ND u III the petition for determining residues of power, previously kwN. 0.25 kwDN). the herbicide are: U50 kc/s 12- 3-66. 1. Extraction with methylene dichlo­ HIBO (change in Constanza. 1 kwD/0.250 ND u IV power, previously kwN: ' ride, reduction of the nitro group, 0.5 kwD/0.26 diazotization, coupling with 2V-alpha- kwN).

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 NOTICES 6221 cient to indicate need for re-examination Call letters Sched Expected date of Location Power kw Antenna ule Class commencement (see First Report in Docket No. 15415, of operation FCC 65—688 (1965)) of the whole ques­ tion of CATV ownership and cross­ 7 » kc/s HIBL (changes in Santo Domingo. 5 kwD/1 kwN._ ownership. Consequently, we believe it frequency and ND 11- 6- 66. appropriate to inaugurate general in­ power, previously 1520 kc/s, quiry into the present ownership of the 1 kwDN). CATV industry and the probable future 7S0 kc/s ownership of the industry. On the basis HIZ (changes In .do. 5 kwD/1 kwN._ frequency and ND 11— id-66. of the limited information available, we power, previously do not believe it appropriate to do more 740 kc/s, 1 kwDN), at this time than seek views and sug­ 600 kc/s HIFS (new)...... San Francisco de 0.250 kwD/0.100 ND III 2- 1-67. gested courses of action from interested Macoris. kwN. parties; however, if the early responses 1S80 kc/s HIJR (new). to this inquiry appear to justify such Santo Domingo.. 5 kwD/1 kwN__ ND III 1- 6-67. 1560 kc/s action, this inquiry may be expanded to HIFP (new)...... do...... 1 kwD/0.250 ND II 12- 25-66. kwN. include proposed rule making. USO kc/s 4. Without intending to restrict com­ HIBC (Increase in San Francisco de 5 kwD/0.5 kwN. ND power, previously Macoris. 1-30-67. ment, we think it helpful to point out 1 kwD/0.1 kwN). that our main areas of concern at this 1070 kc/s time are focused on the public interest HIBI (change in .do. 1 kwD/0.250 ND 1-25-67. frequency, pre­ kwN. questions arising from ownership and viously 1690 kc/s). control of CATV systems by Commission 650 kc/s HIAT (increase in Santo Domingo. 10 kwD/2 kwN.. licensees in other communication serv­ power, previously ND 1- 10-67. 5 kwDN). ices, excluding the new Community 890 kc/s Antenna Relay Service; and the public HIPJ (increase in .do. 5 kwDN__ interest problems that may be inherent power, previously ND 2- 5-67. 1 kwD/0.25 kwN). in such cross-ownership. As indicated, we also desire comment on the question of whether our present rules and policies AprCll W67E: DominIcan RePublic Change List No. 6/66 has not been received through official channels as of relating to such matters as multiple own­ ership, duopoly, concentration of con­ F ederal C ommunications trol, and diversification of mass media _____ , C o m m i s s i o n , lSEALl B e n F . W a p l e , should be adapted to ownership and con­ Secretary. trol of CATV by licensees, or whether other more appropriate standards are [F.R. Doc. 67-4368; Filed, Apr. 19, 1967; 8:50 a.m.] indicated. 5. In September of 1966, the Com­ [Docket No. 15415; FCC 67-461] will, no doubt, continue to do so. At the mission sent out to all known CATV COMMUNITY ANTENNA same time, the Commission recognizes in operators and also published in the F e d ­ era l R e g ist e r (31 F.R. 12811) a CATV TELEVISION SYSTEMS CATV an important potential for realiz­ ing its overall responsibilities to the pub­ information report (Form 325). This Order Terminating Proceeding lic interest in broader dissemination and report called for information relating to greater diversification of program the operations and ownership of CATV In the matter of acquisition of com­ sources. This potential of CATV im­ systems. These reports are public and munity antenna television systems by available for inspection in the Commis­ television broadcast licensees, Docket No. poses varied obligations on the Commis­ 15415. sion but the one with which we are here sion’s offices; the information in the concerned is our duty to take an affirma­ reports has also been summarized and At a session of the Federal Commu­ tive role in shaping the development of published in varying degrees by some nications Commission held at its offices the CATV industry to maximize its po­ trade publications. The Commission is in Washington, D.C. on the 12th day of tential for public service. also compiling, summarizing, and ana­ April 1967; 2. The emerging pattern of growth in­ lyzing the data contained in the forms. For the reasons stated in our Notice of dicates that CATV is ceasing to be simply While we recognize that the reports re­ Inquiry in Docket No. 17371 issued this a passive reception device of utility solely flected the general state of the industry day: It is ordered. That this proceeding only as of December 1, 1966, we believe is hereby terminated. in outlying areas away from regular tele­ vision service; rather, it is developing that they are sufficiently comprehen­ Released: April 17,1967. into a significant force in communica­ sive and contemporaneous to form a tions on its own merits. Coupled with helpful basis, at least initially for analy­ F e d e r a l C ommunications this development, we observe an increas­ sis, comment, and suggestion as to indi­ C o m m i s s i o n ,1 cated courses of action by the Commis­ [ se a l ] B e n F . W a p l e , ing trend toward program origination on sion. Secretary. CATV systems. Taken together, the rapid spread and changing nature of 6. We recognize that, as this inquiry [F.R. Doc. 67-4365; Filed, Apr. 19, 1967; CATV call for consideration by the Com­ develops, certain gaps in our informa­ 8 :4 9 a m .] mission of the long-range function and tion returns may become evident. It role of CATV in the totality of communi­ may also appear necessary that the in­ [Docket No. 17371; FOC 67-460] cation services; we are giving this mat­ formation returns be up-dated or re­ ter continuing consideration. At this quired to be filed on a continuing basis CATV INDUSTRY time, however, we :reel that the promised to reflect changes and new entry. Com­ ment and suggestion are invited as to Notice of Inquiry Regarding Devel­ emergence of CATV systems with pro­ graming capability in large metropolitan these matters. If appropriate, this as­ oping Patterns of Ownership markets requires that we begin to con­ pect of the notice of inquiry may be n l ’ T*ie orderly accommodation of sider the application of more traditional separated and expedited for early con­ CATV into the structure of national com­ policies and rules on concentration of sideration and action. Some of the in­ munications policy has presented the control, duopoly, and diversification of formation called for by this notice of Commission with a host of problems and mass media. inquiry has already been filed in Docket No» 15415. Where relevant, it will be 3. The information now available to us incorporated into this docket and, of 1 Commissioner Wadsworth absent. is by no means conclusive, but is suffi- course, need not be refiled. In view of

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6222 NOTICES the broader nature of this inquiry, we scheduled for tody’s date is continued to oral hearing, an informal hearing was June 19,1967, at 10 a.m. held before the Compliance Commis­ think it appropriate to terminate Docket sioner on March 20, 1967, at which evi­ No. 15415 at this time and we are simul­ Released: April 17,1967. taneously with the issuance of this no­ dence in support of the charges was pre­ tice issuing an order accomplishing that F ederal C ommunications sented on behalf of the Investigations o m m i s s i o n Division and a record was made. end. C , 7. In view of the foregoing, yve invite [ s e a l ] B e n F . W a p l e , The Compliance Commissioner has comments from interested parties on all Secretary. considered the record in the case and he aspects of the matters discussed above; [F.R. Doc. 67-4367; Filed, Apr. 19, 1967; has recommended that remedial action 8:4 9 am ..] as hereinafter set forth be taken against in addition, we will be happy to receive the respondents. On consideration of comments which indicate other related the record and of the Compliance Com­ matters which should be considered in [Docket No. 16043; FCC 67M-627] this proceeding. missioner’s Report, I hereby make the SPORTS NETWORK, INC., AND AMER­ following findings of fact: 8. Authority for the adoption of this 1. The respondent firm Oesterreich­ Notice is contained in section 403 of the ICAN TELEPHONE AND TELEGRAPH ische Premaberg G.m.b.H. (Premaberg) Communications Act of 1934, as CO. is a limited liability company with a amended. Order Rescheduling Hearing place of business in Vienna, Austria. 9. Pursuant to the procedures con­ The firm is an importer and distributor tained in § 1.415 of .the Commission’s Sports Network, Inc., New York, N.Y., of oilfield equipment and a substantial rules, interested parties may file com­ complainant, versus American Telephone part of its business is in U.S.-origin mente on or before June 6, 1967, and and Telegraph Co., New York, N.Y., de­ goods. The respondent Erich Gordon is reply comments on or before June 21, fendant, Docket No. 16043. part owner of the firm and also its man­ 1967. All relevant and timely comments On the unopposed oral request of ager and he handled the transaction in and reply comments will be considered by counsel for AT&T, the hearing is re­ question on its behalf. the Commission before final action is scheduled from April 25 to April 26,1967. 2. On September 28, 1965, Gordon, on taken in this proceeding. The Commis­ Dated: April 14, 1967. behalf of Premaberg, ordered from a sion may also consider other relevant U.S. supplier a blowout preventer and information available to it, in addition to Released: April 17,1967. rubber packing unit to be used there­ the specific comments invited by this F ed e r a l C ommunications with, having a total value of $26,843. Notice. C o m m i s s i o n , These items are used in. connection with 10. Pursuant to the provisions of [ s e a l ] B e n F . W a p l e , drilling equipment for gas or oil. The § 1.419 of the rules, an original and 14 Secretary. respondents in writing requested a New copies of all comments, replies, plead­ York forwarding firm to handle the ex­ ings, briefs, and other documents shall [F.R. Doc. 67-4369; Filed, Apr. 19, 1967; portation and to obtain the necessary be furnished the Commission. 8:5 0 a.m .] licenses. The respondents furnished said forwarding firm with a Single Adopted: April 12,1967. Transaction Statement (Form FC-842) Released: April 17,1967. signed by an authorized representative DEPARTMENT OF COMMERCE of Premaberg. F ed e r a l C ommunications Bureau of International Commerce C o m m i s s i o n ,1 3. The aforesaid Form FC-842 repre­ [ s e a l ] B e n F . W a p l e , [Case No. 368] sented that the equipment in question, Secretary. for which an export license was sought, OESTERREICHISCHE PREMABERG would be used in Austria and would not [F .R . Doc. 67-4366; Filed, Apr. 19, 1967; G.M.B.H AND ERICH GORDON be sold outside of that country. The 8:49 a.m .] signed certification on this form stated Order Denying Export Privileges that the firm would notify the supplier [Docket Nos. 15835 etc.; FCC 67M-634] In the matter of Oesterreichische of any changed facts or intentions and, Premaberg G.m.b.H. and Erich Gordon except as specifically authorized by the LEBANON VALLEY RADIO ET AL. Porzellangasse 19, Vienna IX, Austria, U.S. Export Regulations or by prior writ­ Order Continuing Hearing respondents; Case No. 368. ten approval of the U.S. Department of The Director, Investigations Division, Commerce, would not reexport or resell In re applications of Arthur K. Office of Export Control, issued a charg­ the commodities to any country not ap­ Greiner, Glenn W. Winter, William W. ing letter against the above respondents proved for export or to any person if Rakow, Robert M. Lesher, doing busi­ on February 9, 1967. The charging let­ there was reason to believe that it would ness as Lebanon Valley Radio, Lebanon, ter in substance alleged that on or about result in disposition of the commodities Pa., Docket No. 15835, File No. BP-16098; December 8, 1965, a blowout preventer contrary to the representations in the John E. Hewitt, Thomas A. Ehrgood, and accessory (used in rotary drilling) statement. In reliance on the repre­ Clifford A. Minnich, and Fitzgerald C. valued at $26,843, were exported to the sentations in the Form FC-842 a vali­ Smith, doing business as Cedar Broad­ respondents from the United States and dated license was issued by the Office of casters, Lebanon, Pa., Docket No. 15836, that without authorization the respond­ Export Control authorizing exportatioh File No. BP-16103; Catonsville Broad­ ents knowingly caused the reexportation of the commodities to Premaberg for ul­ casting Co., Catonsville, Md., Docket No. of said commodities from the Federal timate destination Austria, 15838, File No. BP-16105; Radio Catons­ Republic of Germany to East Germany, 4. The goods in question were exported ville,-Inc., Catonsville, Md., Docket No. and that respondents failed to notify the by ocean vessel on or about December 8, 15839, File No. BP-16106; for construc­ Office of Export Control of their inten­ 1965, by the aforesaid New York for­ tion permits. •' tion to reexport said commodities to East warding firm as agent for Premaberg The Hearing Examiner having under Germany, which was contrary to their and, as requested by Premaberg, the ship­ consideration a “Petition For Continu­ prior representation. ment was consigned to a forwarding firm ance” filed on April 14, 1967, by Cedar Respondents filed an answer dated in Hamburg, West Germany, with arrival Broadcasters; February 27,1967 in which they acknowl­ notice to be given to Premaberg, Vienna. It appearing, that the two Lebanon, edged the reexportation of the commodi­ 5. On December 16, 1965, Gordon, on Pa., applicants herein have agreed to ties to East Germany. The answer con­ behalf of Premaberg, wrote to the Ham­ merge; _ tained certain allegations which the re­ burg forwarding firm to which the goods It is ordered, This 17th day of April spondents requested be taken into con­ were consigned and requested said fir m 1967, that the aforesaid petition for con­ sideration in mitigation of the violations. “as agreed” to try and unload the goods tinuance is granted and the hearing The respondents did not request an oral at Bremerhaven and to transfer them hearing. In accordance with the usual by truck to a second forwarding firm in 1 Commissioner Wadsworth absent. practice where there is no request for an Hamburg. With this letter, P r e m a b e r g

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6223 transmitted the original bill of lading with the U.S. export laws. The respondents and all regulations, licenses, and orders which bore the destination control state­ claim that this is their first offense against issued thereunder. U.S. export laws and there is nothing in the ment showing that the goods were V. Upon a finding by the Director, licensed for ultimate destination Austria. files of the Investigations Division to dispute 6. The consignee forwarding firm did th is. Office of Export Control, or such other unload the goods in Bremerhaven and Considering all of the circumstances in the official as may be exercising the duties case, I recommend that the respondents be now exercised by him, that the respond­ turned them over to the second forward­ denied export privileges for three years, with ents have knowingly failed to comply ing firm designated by respondents. conditional restoration of such privileges with the requirements and conditions of 7. Contrary to the representations after nine months while they remain on this order or with the conditions of pro­ made by respondents in the Form FC-842, probation for the balance of the denial bation, said official at any time, with or contrary to the conditions of the export period. , without prior notice to said respondents, license, and contrary to the restriction After considering the record in the by supplemental order, may revoke the in the destination control statement on case and the report and recommendation probation of said respondents, or any of the bill of lading, the respondents sold of the Compliance Commissioner and be­ them, revoke all outstanding validated the equipment in question to the firm ing of the opinion that his recommenda­ export licenses to which any of said re­ DIA-Maschinen-Export, East Berlin, and tion as to the sanctions that should be spondents may be a party, and deny to had the equipment exported to the imposed is fair and just and calculated said respondents all export privileges for designee of said firm in East Germany. to achieve effective enforcement of the a period up to 27 months. Such order 8. The respondents knew that the law: It is hereby ordered: shall not preclude the Bureau of Inter­ commodities in question were of Ù.S.- I. All outstanding validated export national Commerce from taking further origin and that it was in violation of the licenses in which respondents appear or action for any violation as shall be war­ U.S. Export Regulations to reexport said participate in any manner or capacity ranted. On the entry of a supplemental commodities to East Germany without are hereby revoked and shall be returned order revoking respondents’ probation first obtaining authorization from the forthwith to the Bureau of International without notice, they may file objections U.S. Government. Commerce for cancellation. and request that such order be set aside, Based on the foregoing findings of II. Except as qualified in Part IV here­ and may request an oral hearing, as pro­ fact, it is concluded that the respondents of, the respondents for a period of 3 years vided in § 382.16 of the Export Regula­ violated the following provisions of the from the effective date of this order are tions, but pending such further proceed­ U.S. Export Regulations: § 381.6, in that hereby denied all privileges of partici­ ings, the order of revocation shall remain without specific authorization from the pating, directly or indirectly, in any man­ in effect. Office of Export Control they knowingly ner or capacity, in any transaction in­ VI. During the time when any re­ caused U.S.-origin commodities to be volving commodities or technical data spondent or other person within the reexported, transshipped and diverted exported from the United States in whole scope of this order is prohibited from from the Federal Republic of Germany to or in part, or to be exported, or which engaging in any activity within the East Germany contrary to the provisions are otherwise subject to the export reg­ scope of Part n hereof, no person, of the U.S. Export Regulations; § 381.5, ulations. Without limitation of the gen­ firm, corporation, partnership, or other in that prior to the reexportation of the erality of the foregoing, participation business organization, whether in the goods in question to East Germany they prohibited in any such transaction, either * ' United States or elsewhere, without failed to notify the Office of Export Con­ in the United States or abroad, shall in­ prior disclosure to and specific au­ trol of their intention to so reexport, clude participation: (a) As a party or thorization from the Bureau of Inter­ which failure was contrary to the certifi­ as a representative of a party to any national Commerce, shall do any of cation made 4)y them before the goods validated export license application; (b) the fbllowing acts, directly or indirectly, were exported from the United States. in the preparation or filing of any export in any manner or capacity, on behalf of With reference to the culpability of re­ •license application or reexportation au­ or in any association with, a respondent spondents and the sanctions that should thorization, or document to be submitted or other person denied export privileges be imposed the Compliance Commis­ therewith; (c) in the obtaining or using within the scope of this order, or whereby sioner stated as follows: of any validated or general export li­ any such respondent or such other per­ There Is no dispute that the goods in cense or other export control documents; son may obtain any benefit therefrom or question were exported from the United’ (d) in the carrying on of negotiations have any interest or participation States to West Germany for ultimate desti­ nation Austria and, under instructions from with respect to, or in the receiving, or­ therein, directly or indirectly: (a) Apply respondents, were diverted to East Germany. dering, buying, selling, delivering, stor­ for, obtain, transfer, or use any license, If the respondents, at the time they ordered ing, using, or disposing of any commod­ Shipper’s Export Declaration, bill of lad­ the goods from the U.S. supplier, did not in­ ities or technical data; (e) in the financ­ ing, or other export control document re­ tend to divert them to East Germany (as ing, forwarding, transporting, or other lating to any exportation, reexportation, they claim), they did have this intention servicing of such commodities or tech­ transshipment, or diversion of any com­ before the goods were exported from the nical data. modity or technical data exported or to United States. They could have abandoned HE. Such denial of export privileges their illegal scheme and prevented the ex­ be exported from the United States, by, portation. They chose, however, to proceed shall extend not only to the respondents, to, or for any such respondent or other with the transaction which they knew was but also to their representatives, agents, person denied export privileges within in violation of the US. Export Regulations. partners, and employees, and also to any the scope of this order; or (b) order, buy, Their profit on this transaction was approxi­ person, firm, corporation, or other busi­ receive, use, sell, deliver, store, dispose mately $5,000. ness organization with which they now of, forward, transport, finance, or other­ Turning now to the matter of sanctions or hereafter may be related by affilia­ that should be Imposed. This was a deliber­ tion, ownership, control position of re­ wise service or participate in any expor­ ate and knowing violation of the Export tation, reexportation, transshipment, or Regulations in which the respondents en­ sponsibility, or other connection in the gaged for a substantial profit. At the out­ conduct of trade or services connected diversion of any commodity or technical set of the investigation they were evasive and therewith. data exported or to be exported from the uncooperative and gave misleading informa­ IV. Nine months after the effectiveUnited States. tion to inquiries. However, it is po b e n o ted date hereof, without further order of the to their credit that in responding to the Bureau of International Commerce, the This order shall become effective on interrogatories they admitted the facts con­ respondents shall have their export priv­ April 20, 1967. cerning their participation in the violative ileges restored conditionally and there­ Dated: April 12, 1967. transaction. This is not to say that the after for the remainder of the three year violation could not have been proved without R auer H. Meyer, their admissions. They have in a sense ad­ denial period the respondents shall be mitted their guilt and placed themselves at on probation. The conditions of such Director, the mercy of the administrative officials. restoration are that the respondents shall Office of Export Control. They have not taken a hostile attitude and fully comply with all requirements of the [F.R. Doc. 07-4306; Filed, Apr. 19, 1907; bave given assurance of future compliance Export Control Act of 1949, as amended, 8 : 4 5 a j n .]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6224 NOTICES 1. Redelegation of authority to the newal Assistance, Deputy Assistant Re­ Regional Director of Urban Renewal, Re­ gional Administrator for Renewal Assist­ DEPARTMENT OF H0USIN6 gion I (New York, N.Y.) (30 F.R. 14580, ance, and others. The Assistant Re­ Nov. 23, 1965) . insofar as related to the gional Administrator for Renewal As­ AND URBAN DEVELOPMENT slum clearance and urban renewal pro­ sistance, the Deputy Assistant Regional gram under Title I of the Housing Act Administrator for Renewal Assistance, ASSISTANT REGIONAL ADMINISTRA­ of 1949, as amended (42 U.S.C. 1450- the Chief, Rehabilitation Loan and Grant TOR FOR RENEWAL ASSISTANCE 1468), and section 312 of the Housing Branch, and the ; Area Rehabilitation ET AL., REGION I (NEW YORK) Act of 1954 (42 U.S.C. 1450 note). Loan Specialists, Region II (Philadel­ phia, Pa.), each is hereby authorized to Redelegations of Authority With Re­ 2. Redelegation of authority to the Re­ gional Director of Urban Renewal, the exercise the power and authority of the spect to Specific Programs; Revoca­ Regional Rehabilitation Loan Officer, Secretary of Housing and Urban Devel­ tions opment to the extent redelegated to the and the Area Rehabilitation Loan Spe­ Regional Administrator and to the S e c t io n A. Authority redelegated to cialists, Region I (New York, N.Y.) (30 Deputy Regional Administrator in sec­ Assistant Regional Administrator for F.R. 11405, Sept. 8, 1965), with respect tion A of the redelegations of authority Renewal Assistance and Deputy Assist­ to rehabilitation loans authorized under of the Assistent Secretary for Renewal ant Regional Administrator for Renew­ section 312 of the Housing Act of 1964 and Housing Assistance effective July 1, al Assistance. The Assistant Regional (42 U.S.C. 1452b). 1966 (31 F.R. 8966-8967, June 29, 1966), Administrator for Renewal Assistance (Redelegations of authority by Assistant Sec­ with respect to the Rehabilitation Loan and the Deputy Assistant Regional Ad­ retary for Renewal and Housing Assistance Program under section 312 of the Hous­ ministrator for Renewal Assistance, Re­ effective July 1, 1966 (31 P.R. 8966—8967, June ing Act of 1964, as amended (42 U.S.C. gion I (New York, N.Y.), each is hereby 29, 1 9 6 6 )) authorized to exercise the power and 1452b). Effective date. The redelegations of S e c . C. Revocation. The following authority of the Secretary of Housing authority in sections A and B above shall redelegations of authority are hereby re­ and Urban Development to the extent be effective as of November 9, 1966. redelegated to the Regional Administra­ voked as of the date of publication of tor and to the Deputy Regional Admin­ J u d a h G r ib e t z , this document in the F ederal R eg ister . istrator in section A of the redelegations Regional Administrator, Region I. 1. Redelegation of authority to the of authority of the Assistant Secretary [PR. Doc. 67-4357; Piled, Apr. 19, 1967; Regional Director of Urban Renewal, for Renewal and Housing Assistance ef­ 8 :49 a.m .] Region II (Philadelphia, Pa.), (30 F.R. fective July 1, 1966 (31 P.R. 8966—8967, 14580, Nov. 23, 1965), insofar as re­ June 29, 1966), with respect to the fol­ lated to the slum clearance and urban lowing programs, except the power and ASSISTANT REGIONAL ADMINISTRA­ renewal program under Title I of the authority to authorize loans, grants, and TOR FOR RENEWAL ASSISTANCE Housing Act of 1949, as amended (42 advances and to amend or modify the ET AL., REGION II (PHILADELPHIA) U.S.C, 1450-1468), and section^12 of the terms thereof: Housing Act of 1954 (42 U.S.C. 1450 1. slum Clearance and Urban Renew­ Redelegations of Authority With Re­ note). al Program under Title I of the Hous­ spect to Specific Programs; Revoca­ 2. Redelegation of authority to the ing Act of 1949, as amended (42 U.S.C. tions Regional Director of Urban Renewal, the 1450-1468), arid section 312 of the Hous­ Regional Rehabilitation Loan Officer, ing Act of 1954 (42 U.S.C. 1450 note). S e c t io n A. Authority redelegated to and the Area Rehabilitation Loan Spe­ 2. Neighborhood Facilities Grant Pro­ Assistant Regional Administrator for Re­ cialists, Region II (Philadelphia, Pa.) gram under sections 703 and 705 of the newal Assistance and Deputy Assistant (30 FJt. 11405, Sept. 8, 1965), with re­ Housing and Urban Development Act of Regional Administrator for Renewal spect to rehabilitation loans authorized 1965 (42 U.S.C. 3103 and 3105). Assistance. The Assistant Regional Ad­ under section 312 of the Housing Act of 3. Compensation of condemnees under ministrator for Renewal Assistance and 1964 (42 U.S.C. 1452b). Title IV of the Housing and Urban De­ the Deputy Assistant Regional Adminis­ (Redelegations of authority by Assistant Sec­ velopment Act of 1965 (42 U.S.C. 3071 trator for Renewal Assistance, Region II retary fo r R en ew a l and'- H o u sin g A ssistance et seq.) to the extent applicable to mat­ (Philadelphia, Pa.), each is hereby au­ effective July 1, 1966 (31 FJt. 8966-8967, ters redelegated herein. thorized to exercise the power and au­ June 29,1966)) Sec. B. Authority redelegated to Assist­ thority of the Secretary of Housing and Effective date. The redelegations of ant Regional Administrator for Renewal Urban Development to the extent redele­ gated to the Regional Administrator and authority in sections A and B above shall Assistance, Deputy Assistant Regional be effective as of November 9, 1966. Administrator for Renewal Assistance, to the Deputy Regional Administrator in and others. The Assistant Regional Ad­ section A of the redelegations of author­ W a r r e n P . P h e l a n , ministrator for Renewal Assistance, the ity of the Assistant Secretary for Re­ Regional Administrator, Region II. Deputy Assistant Regional Administrator newal and Housing Assistance effective [P.R . D oc. 67-4358; F iled , Apr. 19, 1967; for Renewal Assistance, the Chief, Re­ July 1, 1966 (31 F.R. 8966-8967, June 29, 8 :4 9 a.m.] habilitation Loan and Grant Branch, 1966), with respect to the following pro­ and the Area Rehabilitation Loan Spe­ grams, except the power and authority cialists, Region I (New York, N.Y.), to authorize loans, grants, and advances ASSISTANT REGIONAL ADMINISTRA­ each is hereby authorized to exercise and to amend or modify the terms TOR FOR RENEWAL ASSISTANCE the power and authority of the Secre­ thereof : ET AL., REGION IV (CHICAGO) tary of Housing and Urban Devel­ 1. Slum Clearance and Urban Renewal opment to the extent redelegated to the Program under Title I of the Housing Redelegations of Authority With Re­ Regional Administrator and to the Dep­ Act of 1949, as amended (42 U.S.C. 1450- spect to Specific Programs; Revoca­ uty Regional Administrator in section 1468), and section 312 of the Housing tions A of the redelegations of authority of the Act of 1954 (42 U.S.C. 1450 note). S e c t io n A. Authority redelegated to Assistant Secretary for Renewal and 2. Neighborhood Facilities Grant Pro­ Housing Assistance effective July 1, 1966 gram under sections 703 and 705 of the Assistant Regional Administrator for (31 F.R. 8966-8967, June 29, 1966), with Housing and Urban Development Act of Renewal Assistance and Deputy Assist­ respect to the Rehabilitation Loan Pro­ 1965 (42 U.S.C. 3103 and 3105). ant Regional Administrator for Renewal gram under section 312 of the Housing 3. Compensation of condemnees under Assistance. The Assistant Regional Ad­ Act of 1964, as amended (42 U.S.C. Title IV of the Housing and Urban De­ ministrator for Renewal Assistance and velopment Act of 1965 (42 U.S.C. 3071 the Deputy Assistant Regional Admin­ 1452b). istrator for Renewal Assistance, R e g io n S e c . C. Revocations. The following et seq.) to the extent applicable to mat­ redelegations of authority are hereby re­ ters redelegated herein. IV (Chicago, 111.), each is .hereby au­ thorized to exercise the power and voked as of the date of publication of this S e c . B. Authority redelegated to As­ authority of the Secretary of H o u sin g document in the F ederal R e g is t e r : sistant Regional Administrator for Re-

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6225 and Urban Development to the extent Effective date. The redelegations of redelegated to the Regional Administra­ S e c . C. Revocations. The following re­ authority in sections A and B above shall delegations of authority are hereby re­ tor and to the Deputy Regional Ad­ be effective as of November 9, 1966. ministrator in section A of the redelega­ voked as of the date of publication of this tions of authority of the Assistant J o h n P. M cC o l l u m , document in the F ed e r a l R e g is t e r : Regional Administrator, Region IV. 1. Redelegation of authority to the Re­ Secretary for Renewal and Housing gional Director of Urban Renewal, Region Assistance effective July 1, 1966 (31 F.R. [F.R. Doc. 67-4356; Filed, Apr. 19, 1967; 8966-8967, June 29, 1966), with respect 8:4 9 a.m .] V (Fort Worth) (30 F.R. 14580, Nov. 23, to the following programs, except the 1965), insofar as related to the slum power and authority to authorize loans, clearance and urban renewal program grants, and advances and to amend or ASSISTANT REGIONAL ADMINISTRA­ under Title I of the Housing Act of 1949, TOR FOR RENEWAL ASSISTANCE as amended (42 U.S.C. 1450-1468), and modify the terms thereof: section 312 of the Housing Act of 1954 (42 1. Slum Clearance and Urban Renewal ET AL., REGION V (FORT WORTH) U.S.C. 1450 note). Program under Title I of the Housing Redelegations of Authority With Re­ 2. Redelegation of authority to the Act of 1949, as amended (42 U.S.C. Regional Director of Urban Renewal, the 1450-1468), and section 312 of the Hous­ spect to Specific Programs; Revoca­ tions Regional Rehabilitation Loan Officer, ing Act of 1954 (42 U.S.C. 1450 note). and the Area Rehabilitation Loan Spe­ 2. Neighborhood Facilities Grant Pro­ S e c t io n A . Authority redelegated to cialists, Region V (Fort Worth) (30 FJR. gram under sections 703 and 705 of the Assistant Regional Administrator for Re­ 11405, Sept. 8, 1965), with respect to re­ Housing and Urban Development Act of newal Assistance and Deputy Assistant habilitation loans authorized under sec­ 1965 (42 U.S.C. 3103 and 3105). Regional Administrator for Renewal As­ tion 312 of the Housing Act of 1964 (42 3. Compensation of condemnees under sistance. The Assistant Regional Ad­ U.S.C. 1452b). Title IV of the Housing and Urban De­ ministrator for Renewal Assistance and (Redelegations of authority by Assistant Sec­ velopment Act of 1965 (42 U.S.C. 3071 the Deputy Assistant Regional Adminis­ retary for Renewal and Housing Assistance et seq.) to the extent applicable to mat­ trator for Renewal Assistance, Region V effective July 1, 1966 (31 F.R. 8966-8967 June ters redelegated herein. (Fort Worth), each is hereby author­ 29, 1 9 6 6 )) S e c . B. Authority redelegated to As­ ized to exercise the power and authority Effective date. The redelegations of sistant Regional Administrator for of the Secretary of Housing and Urban authority in sections A and B above shall Renewal Assistance, Deputy Assistant Development to the extent redelegated be effective as of November 9,1966. Regional Administrator for Renewal As­ to the Regional Administrator and to the sistance, and others. The Assistant Re­ Deputy Regional Administrator in sec­ H eo n a r d E . C h u r c h , gional Administrator for Renewal As­ tion A of the redelegations of authority Acting Regional Administrator, sistance, the Deputy Assistant Regional of the Assistaht Secretary for Renewal Region V. Administrator for Renewal Assistance, and Housing Assistance effective July 1, [F.R. Doc. 67—4355; Filed, Apr. 19, 1967; the Chief, Rehabilitation Loan and 1966 (31 F.R. 8966-8967, June 29; 1966), 8 :4 8 a.m .] Grant Branch, and the Area Rehabilita­ with respect to the following programs, tion Loan Specialists, Region IV (Chi­ except the power and authority to au­ cago, 111.), each is hereby authorized to thorize loans, grants, and advances and ASSISTANT REGIONAL ADMINISTRA­ exercise the power and authority of the to amend or modify the terms thereof: TOR FOR RENEWAL ASSISTANCE Secretary of Housing and Urban Devel­ 1. Slum Clearance and Urban Renewal ET AL.f REGION VI (SAN FRAN­ opment to the extent redelegated to the Program under Title I of the Housing CISCO) Regional Administrator and to the Dep­ Act of 1949, as amended (42 U.S.C. 1450- uty Regional Administrator in section 1468), and section 312 of the Housing Act Redelegations of Authority With Re­ A of the redelegations of authority of of 1954 (42 U.S.C. 1450 note). spect to Specific Programs; Revoca­ the Assistant Secretary for Renewal and 2. Neighborhood Facilities Grant Pro­ tions Housing Assistance effective July 1, 1966 gram under sections 703 and 705 of the S e c t io n A. Authority redelegated to (31 F.R. 8966-8967, June 29, 1966), with Housing and Urban Development Act of Assistant Regional Administrator for respect to the Rehabilitation Loan Pro­ 1965 (42 U.S.C. 3103 and 3105). Renewal Assistance and Deputy Assist­ gram under section 312 of the Housing 3. Compensation of condemnees under ant Regional Administrator for Renewal Act of 1964, as amended (42 U.S.C. Title IV of the Housing and Urban De­ 1452b). Assistance. The Assistant Regional Ad­ velopment Act of 1965 (42 U.S.C. 3071 et ministrator for Renewal Assistance and S ec. C. Revocations. The following seq.) to the extent applicable to matters the Deputy Assistant Regional Adminis­ redelegations of authority are hereby redelegated herein. revoked as of the date of publication of trator for Renewal Assistance, Region S e c . B. Authority redelegated to Assist­ VI (San Francisco), each is hereby au­ this document in the F ederal R e g is t e r : ant Regional Administrator for Renewal thorized to exercise the power and au­ 1. Redelegation of authority to the Re­ Assistance, Deputy Assistant Regional thority of the Secretary of Housing and gional Director of Urban Renewal, Re­ Administrator for Renewal Assistance, Urban Development to the extent redele­ gion IV (Chicago, HI.) (30 F.R. 14580, and others. The Assistant Regional Ad­ gated to the Regional Administrator and Nov. 23, 1965), insofar as related to the ministrator for Renewal Assistance, the to the Deputy Regional Administrator in slum clearance and urban-renewal pro­ Deputy Assistant Regional Administrator section A of the redelegations of au­ gram under Title I of the Housing Act for Renewal Assistance, the Chief, Re­ thority of the Assistant Secretary for °f 1949, as amended (42 U.S.C. 1450- habilitation Loan and Grant Branch, and Renewal and Housing Assistance effec­ 1468), and section 312 of the Housing Act the Area Rehabilitation Loan Specialists, tive July 1, 1966 (31 F.R. 8966-8967, of 1954 (42 U.S.C. 1450 note). Region V (Fort Worth), each is hereby June 29, 1966), with respect to the fol­ . 2- Redelegation of authority to the Re­ authorized to exercise the power and au­ lowing programs, except the power and gional Director of Urban Renewal, the thority of the Secretary of Housing and authority to authorize loans, grants, Regional Rehabilitation Loan Officer, Urban Development to the extent re­ and advances and to amend or modify and the Area Rehabilitation Loan Spe­ delegated to the Regional Administrator the terms thereof: cialists, Region IV (Chicago, HI.) (30 and to the Deputy Regional Administra­ 1. Slum Clearance and Urban Renewal •R. 11405, Sept. 8, 1965), with respect tor in section A of the redelegations of Program under Title I of the Housing m rehabilitation loans authorized under authority of the Assistant Secretary for Act of 1949, as amended (42 U.S.C. 1450- on 312 the Housing Act of 1964 Renewal and Housing Assistance effective 1468), and section 312 of the Housing Act (42 U.S.C. 1452b). July 1, 1966 (31 F.R. 8966-8967, June 29, of 1954 (42 U.S.C. 1450 note). (^«delegations of authority by Assistant 1966), with respect to the Rehabilitation 2. Neighborhood Facilities Grant Pro­ ^«cretary for Renewal and Housing Assist- Loan Program under section 312 of the ance effective July 1, 1966 (31 F.R . 8966-8967, gram under sections 703 and 705 of the June 29, 1966) ) Housing Act of 1964, as amended (42 Housing and Urban Development Act of U.S.C. 1452b). 1965 (42 U.S.C. 3103 and 3105).

• No. 76------8 FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6226 NOTICES 3. Compensation of condemnees underRegional Administrator for Renewal As­ to rehabilitation loans authorized under Title IV of the Housing and Urban De­ sistance. The Assistant Regional Ad­ section 312 of the Housing'Act of 1964 velopment Act of 1965 (42 U.S.C. 3071 et ministrator for Renewal Assistance and (42 U.S.C. 1452b). seq.) to the extent applicable to matters the Deputy Assistant Regional Adminis­ (Redelegations of authority by Assistant redelegated herein. trator for Renewal Assistance, Region Secretary for Renewal and Housing Assist­ VII (San Juan, P.R.), each is hereby ance effective July 1, 1966 (31 F.R. 8966- S e c . B. Authority redelegated to As­ 8967, June 29,1966)) sistant Regional Administrator for Re­ authorized to exercise the power and newal Assistance, Deputy Assistant authority of the Secretary of Housing Effective date. The redelegations of Regional Administrator for Renewal and Urban Development to the extent authority in sections A and B above shall redelegated to the Regional Administra­ be effective as of November 9, 1966. Assistance, and others. The Assistant tor and to the Deputy Regional Admin­ Regional Administrator for Renewal istrator in section A of the redelegations J o s é E. F e b r e s -S ilva, Assistance, the Deputy Assistant. Re­ Regional Administrator, Region VII. gional Administrator for Renewal Assist­ of authority of the Assistant Secretary ance, the Chief, Rehabilitation Loan and for Renewal and Housing Assistance ef­ [F.R. Doc. 67—4359; Filed, Apr. 19, 1967; Grant Branch, and the Area Rehabilita­ fective July 1, 1966 (31 F.R. 8966-8967, 8 :4 9 a.m .] tion Loan Specialists, Region VI (San June 29, 1966), with respect to the fol­ Francisco), each is hereby authorized to- lowing programs, except the power and exercise the power and authority of the authority to authorize loans, grants, and ATOMIC ENERGY COMMISSION Secretary of Housing and Urban Devel­ advances and to amend or modify thè opment to the extent redelegated to the terms thereof : [Docket No. 50-261] Regional Administrator and to the Dep­ 1. Slum Clearance and Urban Renewal CAROLINA POWER & LIGHT CO. uty Regional Administrator in section A Program under Title I of the Housing Act of the redelegations of authority of the of 1949, as amended (42 U.S.C. 1450- Notice of Issuance of Provisional Assistant Secretary for Renewal and 1468), and section 312 of the Housing Construction Permit Act of 1954 (42 U.S.C. 1450 note). Housing Assistance effective July 1, 1966 Notice is hereby given that, pursuant (31 F.R. 8966-8967, June 29, 1966), with 2. Neighborhood Facilities Grant Pro­ to the initial decision of the Atomic respect to the Rehabilitation Loan Pro­ gram under sections 703 and 705 of the Safety and Licensing Board, dated April gram under section 312 of the Housing' Housing and Urban Development Act of 12, 1967, the Director of the Division of Act of 1964, as amended (42 U.S.C. 1965 (42 U.S.C. 3103 and 3105). Reactor Licensing has issued Provisional 1452b). 3. Compensation of condemnees under Construction Permit No. CPPR-26 to S e c . C. Revocations. The following Title IV of the Housing and Urban De­ Carolina Power & Light Co. for the con­ redelegations of authority are hereby re­ velopment Act of 1965 (42 U.S.C. 3071 struction of a pressurized water nuclear voked as of the date of publication of et seq.) to the extent applicable to mat­ reactor, designated as the H. B. Robinson this document in the F ed e r a l R e g i s t e r : ters redelegated herein. Unit No. 2, to be located at the company’s 1, Redelegation of authority to the Re­ ' S e c . B. Authority redelegated to As­ H! B. Robinson site in Darlington Coun­ gional Director of Urban Renewal, sistant Regional Administrator for Re­ ty, about 4.5 miles from Hartsville, S.C. Region VI (San Francisco) (30 F.R. newal Assistance, Deputy Assistant A copy of the initial decision is on file 14580, Nov. 23, 1965), insofar as related Regional Administrator for Renewal in the Commission’s Public Document to the slum clearance and urban renewal Assistance, and others. The Assistant Room, 1717 H Street NW., Washington, program under Title I of the Housing Act Regional Administrator for Renewal D.C. Assistance, the Deputy Assistant Re- of 1949, as amended (42 U.S.C. 1450- Dated at Bethesda, Md., this 13th day 1468), and section 312 of the Housing Act gional Administrator for Renewal As­ Of 1954 (42 U.S.C. 1450 note). sistance, the Chief, Rehabilitation Loan of April 1967. 2. Redelegation of authority to the and Grant Branch, and the Area Re­ For the Atomic Energy Commission. habilitation Loan Specialists, Region VH Regional Director of Urban Renewal, the (San Juan, P.R.), each is hereby author­ P et e r A . M o r r is , Regional Rehabilitation Loan Officer, ized to exercise the power and authority Director, and the Area Rehabilitation Loan Spe­ Division of Reactor Licensing. cialists, Region VI (San Francisco) (30 of the Secretary of Housing and Urban F.R. 11405, Sept. 8, 1965), with respect Development to the extent redelegated [F .R , D oc. 67-4308; F iled , Apr. 19, 1967; to the Regional Administrator and to 8 :4 5 a.m .] to rehabilitation loans authorized under the Deputy Regional Administrator in section 312 of the Housing Act of 1964 section A of the redelegations of author­ (42 U.S.C. 1452b). ity of the Assistant Secretary for Re­ (Redelegations of authority by Assistant Sec­ newal and Housing Assistance effective CIVIL SERVICE COMMISSION retary for Renewal and Housing Assistance July 1, 1966 (31 F.R. 8966-8967, June 29, PROGRAM ANALYST, TREASURY effective July 1,1966 (31 F.R. 8966-8967, June 1966), with respect to the Rehabilitation DEPARTMENT 29, 1 9 6 6 )) Loan Program under section 312 of the Effective date. The redelegations of Housing Act of 1964, as amended (42 Manpower Shortage authority in sections A and B above shall U.S.C. 1452b). Under the provisions of 5 UJS.C. 5723, be effective as of November 9,1966. S e c . C. Revocations. The following the Civil Service Commission has found, R o b e r t B. P i t t s , redelegations of authority are hereby effective March 30, 1967, that there is Regional Administrator, Region VI. revoked as of the date of publication of a manpower shortage for the single posi­ this document in the F ed e r a l R e g is t e r . tion of Program Analyst, GS-345-15, [F.R. Doc. 67-4360; Filed, Apr. 19, 1967; 1. Redelegation of authority to the 8 :4 9 a.m .] Office of the Secretary, Treasury De­ Regional Director of Urban Renewal, partment, Washington, D.C. This find­ Region VH (San Juan, P.R.) (30 F.R. ing will terminate when the position is ASSISTANT REGIONAL ADMINISTRA­ 14581, Nov. 23, 1965), insofar as related fiHed. to the slum clearance and urban renewal An appointee to this position may be TOR FOR RENEWAL ASSISTANCE program under Title I of the Housing ET AL., REGION VII (SAN JUAN, paid for the expense of travel and trans­ Act of 1949, as amended (42 U.S.C. 1450- portation to the first post of duty. P.R.) 1468), and section 312 of the Housing U n it e d S t a t e s C iv il S erv­ Redelegations of Authority With Re­ Act of 1954 (42 U.S.C. 1450 note). 2. Redelegation of authority to the ic e C o m m i s s i o n , spect to Specific Programs; Revoca­ 'Regional Director of Urban Renewal, the [ s e a l ] J a m e s C. S p r y , tions Executive Assistant to Regional Rehabilitation Loan Officer, the Commissioners. S e c t io n A . Authority redelegated to and the Area Rehabilitation Loan Spe­ Assistant Regional Administrator for Re­ cialists, Region v n (San Juan, PJEt.) (30 [F .R . D oc. 67-4309; F iled , Apr. 19, 1967; newal Assistance and Deputy Assistant F.R. 13477, Oct. 22, 1965), with respect 8 :4 5 a .m .]

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6227 and Lower Gwynedd, Montgomery, Agreement 150-34 between the mem­ DELAWARE RIVER BASIN Worcester, and Whitpain, Montgomery ber lines of the Trans-Pacific Freight County, Pa. Designated as Well No. 20, Conference of Japan modifies the basic COMMISSION the new facility is expected to yield 250 agreement, as amended, by establishing gallons per minute. In addition, it is COMPREHENSIVE PLAN separate trade groups within the Con­ proposed to include in the Comprehensive ference for the Pacific Coast trade and Notice of Public Hearing Plan 16 operating wells previously devel­ the Hawaii trade respectively. To ac­ oped by the Authority. complish the above, the modification Notice is'hereby given that the Dela­ 8. Warminster Township Municipal ware River Basin Commission will hold a makes certain additions, deletions and Authority. A well water supply project changes in the language of Articles 1-8, public hearing on April 26, 1667. The to augment public water supplies in the 19, and 20 relating to quorums and deci­ hearing will take place in the top floor Authority’s service area in Warminster sions. conference room of the Pennsylvania Township, Bucks County, Pa. Desig­ State Office Building, Broad and Spring nated as Well No. 14, the new facility is Dated: April 17,1967. Garden Streets in Philadelphia, begin­ expected to yield 265 gallons per minute. By order of the Federal Maritime Com­ ning at 2 p.m. The subject of the hear­ In addition, it is proposed to include in mission. ing will be proposals to amend the Com­ the Comprehensive Plan 11 wells pre­ prehensive Plan so as to include therein viously developed by the Authority. T h o m a s L i s i , the following projects: 9. Philadelphia Suburban Water Co. Secretary. 1. Middle Neck Watershed. A water­ A well water supply project to augment [F.R. Doc. 67-4354; Filed, Apr. 19, 1967; shed improvement plan providing for public water supplies in the Company’s 8 :4 8 a.m .] land treatment measures, stream chan­ service area in Chester, Delaware, and nel improvement, dikes and levees, and Montgomery Counties, Pa. Designated construction of a tidegate in the Middle as the Aideen Lair Well, the new fa­ Neck Watershed, Salem County, N.J. cility is expected to yield 300 gallons FEDERAL POWER COMMISSION The project is proposed by the Salem- per minute. Cumberland Soil Conservation District [Docket No. CP67-290] pursuant to Public Law 566. Documents relating to the above pro­ posed additions to the Comprehensive COLORADO INTERSTATE GAS CO. 2. Livingston Manor Sewer District. Plan may be examined at the Commis­ A sewerage system and treatment plant sion’s offices. All persons wishing to tes­ Notice of Application to serve the hamlet of Livingston Manor tify are requested to register in advance in the town of Rockland, Sullivan County, with the Secretary to the Commission- A p r il 13, 1967. N.Y. The plant will provide secondary telephone 609-883-9500. Take notice that on April 7, 1967, treatment (86 percent BOD reduction) Colorado Interstate Gas Co. (Applicant), for a peak flow of 1,050,060 gallons per W . B r in t o n W h it a l l , Post Office Box 1087, Colorado Springs, day. Discharge will be to the Willo- Secretary., A p r il 14,1967. Colo. 80901, filed in Docket No. CP67-290 memoc Creek, a tributary of the East a “budget-type” application pursuant to Branch of the Delaware River. [F.R. Doc. 67-4312; Filed, Apr. 19, 1967; section 7(c) of the Natural Gas Act, as 3. Philadelphia Suburban Water Co. 8:45 a.m .] implemented by § 157.7(c) of the regula­ A waste treatment plant to provide tions under the Act, for a certificate of treatment of filter back-wash waste public convenience and necessity au­ water at the Crum Creek filtration plant thorizing the construction and opera­ in Springfield Township, Delaware FEDERAL MARITIME COMMISSION tion of miscellaneous gas sales and trans­ County, Pa. Treated effluent will dis­ portation facilities during the period ex­ charge into Crum Creek. TRANS-PACIFIC FREIGHT CONFER­ tending from June 1, 1967, through May 4. Philadelphia Fire Department. A ENCE OF JAPAN 31, 1968, all as more fully set forth in project providing for the construction of Notice of Agreement Filed for the application which is on file with the a stone and earth dike and fill encroach­ Commission and open to public inspec­ ment into the waterway of the Delaware Approval tion. River at a city-owned wharf at the foot Notice is hereby given that the follow­ Specifically, Applicant seeks authoriza­ of Allegheny Avenue. ing agreement has been filed with the 5. Yardley Water Co. A well water tion to construct and operate various gas Commission for approval pursuant to meter stations and mainline or lateral supply project designed to augment pub­ section 15 of the Shipping Act, 1916, as lic water supplies within the company’s taps, for sales to existing resale cus­ amended (39 Stat. 733, 75 Stat. 763, 46 tomers. Applicant also seeks authoriza­ service area in the Borough of Yardley U.S.C. 814). mid parts of adjacent Middletown and tion to construct and operate various Interested parties may inspect and ob­ miscellaneous rearrangements of its Falls Townships in Bucks County, Pa. tain a copy of the agreement at the Designated as Well No. 10, the new facil­ existing pipeline system. Washington office of the Federal Mari­ Applicant states that the total esti­ ity is expected to yield 150 gallons per time Commission, 1321 H Street NW„ minute. In addition, it is proposed to mated cost of the proposed construction include in the Comprehensive Plan seven Room 609; or may inspect agreements at will not exceed $300,000, with no single operating wells previously developed by the office of the District Managers, New project to exceed a total cost of $50,000. the company. York, N.Y., New Orleans, La., and San Protests or petitions to intervene may 6. Telford Borough Authority. A well Francisco, Calif. Comments with refer­ be filed with the Federal Power Com­ water supply project to augment the Au­ ence to an agreement including a request mission, Washington, D.C. 20426, in thority’s water supply sources in Bucks for hearing, if desired, may be submitted accordance with the rules of practice and to the Secretary, Federal Maritime Com­ procedure (181 CFR 18 or 1.10) and the and Montgomery Counties, Pa. Desig- mission, Washington, D.C. 20573, within 5*5®« 05 Wells No. 4 and No. 5, the new regulations under the Natural Gas Act iaciiities are expected to yield 300 and 20 days after publication of this notice (§ 157.10) on or before May 11, 1967. in the F ederal R e g is t e r . A copy of any Take further notice that, pursuant to °ns per minute respectively. In such statement should also be forwarded the authority contained in and subject addition, it is proposed to include in the to the party filing the agreement (as in­ comprehensive Plan three operating to the jurisdiction conferred upon the dicated hereinafter) and the comments Federal Power Commission by sections ough previously developed by the Bor- should indicate that this has been done. 7 and 15 of the Natural Gas Act and the Notice of agreement filed for approval J : North Wales Water Authority. A by: Commission’s rules of practice and pro­ r,?iLWalter suPP!y Project designed to cedure, a hearing will be held without tvTgIilent pubUc water supplies In the Au- Mr. D. P. Gillette, Chairman, Trans-Pacific further notice before the Commission on area in the Borough of Freight Conference of Japan, Kindai Bldg., this application if no protest or petition °rtn Wales and the townships of Upper 11, 3-Chome Kyobashi, Chuo-Ku, Tokyo, to intervene Is filed within the time re­ Ja p a n . quired herein, if the Commission on its

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6228 NOTICES own review of the matter finds that a Take further notice that, pursuant to Docket No. Date Name of applicant the authority contained in and subject grant of the certificate is required by the filed to the jurisdiction conferred upon the public convenience and necessity. If a Federal Power Commission by sections 7 protest or petition for leave to intervene CS67-58...... 3-23-67 E. A. Culbertson and Wallace is timely filed, or if the Commission on its W. Irwin, Box 1071, Mid­ and 15 of the Natural Gas Act and the land, Tex. 79701. Commission’s rules of practice and pro­ own motion believes that_a formal hear­ CS67-59...... 3-30-67 Duncan Drilling Co., Box 109, cedure, a hearing will be held without ing is required, further notice of such Big Spring, Tex. 79720. CS67-60___ 3-30-67 Robert N. Enfield, Post Office further notice before the Commission on hearing will be duly given. _ Box 807, Roswell, N. Mex. this application if no protest or petition Under the procedure herein provided 88201. CS67-61...... 1- 6-67 Nassau Oil & (ias Corp., 44 to intervene is filed within the time re­ for, unless otherwise advised, it will be Wall St., New York, N.Y. quired herein, if the Commission on its unnecessary for Applicant to appear or 10005. 3-31-67 R. C. Tucker, c/o R. I. Com­ own review of the matter finds that a be represented at the hearing. CS67-62— stock, agent, Great Western grant of the certificate is required by the J o s e p h H. G u t r id e , Drilling Co.. Post Office Box 1659, Midland, Tex. public convenience and necessity. If a Secretary. 79701. protest or petition for leave to intervene CS67-63...... 3-31-67 K. W. Davis, c/o R. I. Com­ is timely filed, or if the Commission on [F.R. Doc. 67-4314; Filed, Apr. 19, 1967; stock, agent, Great Western 8 :4 5 a .m .] Drilling Co., Post Office its own motion believes that a formal Box 1659, Midland, Tex. hearing is required, further notice of such 79701. CS67-64...... 4- 3-67 Estate of Leland Fikes, de­ hearing will be duly given. ~ [Docket Nos. CS67-58, etc.] ceased, 1416 Commerce Under the procedure herein provided Bldg., Dallas, Tex. 75201. for, unless otherwise advised, it will be E. A. CULBERTSON ET AL. CS67-65___ 3-31-67 Plag Oil Corp. of Delaware, Post Office Box 23, Midland unnecessary for Applicant to appear or Notice of Applications for “ Smali Tex. 79701. be represented at the hearing. CS67-66...... 3-31-67 Redfern Oil Co., Post Office Producer” Certificates 1 Box 1747, Midland, Tex. J o s e p h H. G u t r id e , 79701. Secretary. A p r il 12,1967. CS67-67...... 3-31-67 Redfern Development Corp., ' Post Office Box 1747, Mid­ Take notice that each of the Appli­ land, Tex. 79701. [F.R. Doc. 67-4316; Filed, Apr. 19, 1967; CS67-68 4- 3-67 Elizabeth M. Brown et al., 913 8 :4 5 a .m .] cants listed herein has filed an applica­ __ Fort Worth National Bank tion pursuant to section 7(c) of the Bldg-, Fort Worth, Tex. Natural Gas Act and § 157.40 of the 76102. [Docket No. CP65-91] regulations thereunder for a “small producer’- certificate of public conven­ [F.R. Doc. 67-4315; Filed, Apr. ' 19, 1967; NORTHERN NATURAL GAS CO. ience and necessity authorizing the sale 8 :4 5 a.m .] Notice of Petition To Amend for resale and delivery of natural gas in April 12, 1967. interstate commerce from the Permian [Docket No. CP67-288] Basin area of Texas and New Mexico, Take notice that on April 5, 1967, all as more fully set forth in the applica­ EQUITABLE GAS CO. Northern Natural Gas Co. (Petitioner), ' tions which are on file with the Com­ 2223 Dodge Street, Omaha, Nebr. 68102, mission and open to public inspection. Notice of Application filed in Docket No. CP65-91 a petition to Protests or petitions to intervene may A p r il 12,1967. amend the order issued by the Commis-, be filed with the Federal Power Commis­ Take notice that on April 5, 1967, sion March 30, 1967 by authorizing Peti­ sion, Washington, D.C. 20426, in accord­ Equitable Gas Co. (Applicant), 420 Bou­ tioner to construct and operate a 30-inch ance with the rules of practice and pro­ levard of the Allies, Pittsburgh, Pa. pipeline and appurtenant facilities in cedure (18 CFR 1.8 or 1.10) on or before 15219, filed in Docket No. CP67-288 an place of the 26-inch pipeline and ap­ May 1,1967. application pursuant to section 7(c) of purtenant facilities originally authorized, • Take further notice that, pursuant to the Natural Gas Act for a certificate of all as more fully set forth in the petition the authority contained in and subject public convenience and necessity au­ to amend which is on file with the Com­ to the jurisdiction conferred upon the thorizing the construction and operation mission and open to public inspection. 3 Federal Power Commission by sections 7 of certain natural gas facilities, all as In the above-mentioned order, Peti- j and 15 of the Natural Gas Act and the more fully set forth in the application tioner was authorized to construct and » Commission’s' rules of practice and pro­ which -is on file with the Commission operate approximately 365 miles of 26- cedure,-a hearing will be held without and open to public inspection. inch pipeline together with appurte­ further notice before the Commission on Specifically, Applicant seeks authori­ nant facilities from the Delaware Basin all applications in which no protest or zation to install and operate one 275 of Texas to its main transmission sys­ petition to intervene is filed within the horsepower compressor unit, together tem at Beaver, Okla. time required herein, if the Commis­ with necessary appurtenances, at its ex­ In the instant filing, Petitioner re­ sion on its own review of the matter be­ isting Central Compressor Station, Dod­ quests that the authorization in the lieves that a grant of the certificates is dridge County, W. Va. Applicant states abovementioned order be changed to al­ required by the public convenience and that the present compressor facilities are low Petitioner to construct and operate necessity. Where a protest or petition dependent on an uncertain water supply a 30-inch pipeline and appurtenant facil­ for leave to intervene is timely filed, or and'this proposed installation will pro­ ities in place of the originally proposed where the Commission on its own motion vide the independent pumping capacity facilities. Petitioner states that this is believes that a formal hearing is re­ required to maintain the same level of necessary due to the proven • reserves gas supply without dependence on said which it now has under contract and the quired, further notice of such hearing decreased cost of service possible with will be duly given. water supply. Applicant estimates the total cost of the larger pipeline. . ; . Under the procedure herein provided Applicant estimates the total cost ox for, unless otherwise advised, it will be the proposed facilities at approximately $577600, said cost to be financed from the larger facilities together with ap­ unnecessary for Applicants to appear or general funds available to Applicant. purtenances at approximately be represented at the hearing. Protests or petitions to intervene may $47,653,420, said cost to be financed from the sale of sinking fund debentures ana, J o s e p h H. G u t r id e , be filed with the Federal Power Commis­ Secretary. sion, Washington, D.C. 20426, in accord­ to the extent required, the use of cash* ance with the rules of practice and pro­ on-hand, reserve accruals and retained cedure (18 CFR 1.8 or 1.10) and the earnings. v i This notice does not provide for consoli­ regulations under the Natural Gas Act Protests or petitions to Intervene may dation for hearing of the several matters cov­ be filed with the Federal Power Commis- ered herein, nor should it be so construed. (§ 157.10) on or before May 8, 1967.

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6229

sion, Washington, D.C. 20426, in accord­ procedure (18 CFR 1.8 or 1.10) on or [Docket No. CP67-286J ance with the rules of practice and pro­ before May 11, 1967. cedure (18 CFR 1.8 and 1.10) on or be­ UNITED GAS PIPE LINE CO. AND fore May 8, 1967. J o s e p h H . G u t r id e , TRANSCONTINENTAL GAS PIPE Secretary. LINE CORP. J o s e p h H . G u t r id e , [F.R. Doc. 67r-4319; Filed, Apr. 19, 1967; Secretary. 8 :4 6 a m .] Notice of Application [F.R. Doc. 67-4318; Filed, Apr. 19, 1967; A p r il 8 :4 6 a.m .] 12, 1967. [Docket No. CP67-287] Take notice that on April 3, 1967, TRUNKLINE GAS CO. United Gas Pipe line Co. (United), Post [Docket No. CP67-285] Office Box 1407, Shreveport, La. 71102, Notice of Application and Transcontinental Gas Pipe Line NORTHEAST OKLAHOMA GAS A p r il 12, 1967. Corp. (Transco), Post Office Box 1396, AUTHORITY ET AL. Take notice that on April 4, 1967, Houston, Tex. 77001 (Applicants), joint­ Trunkline Gas Co. (Applicant), Post ly filed in Docket No. CP67-286 an appli­ Notice of Application Office Box 1642, Houston, Tex. 77001, filed cation pursuant to section 7(c) of the in Docket No. CP67—287 an application Natural Gas Act for a certificate of pub­ A p r il 12,1967. lic convenience and necessity authoriz­ Take notice that on March 31, 1967, pursuant to section 7(b) of the Natural ing the construction and operation of The Northeast Oklahoma Gas. Authority Gas Act for permission and approval of certain natural gas facilities and the ex­ (Northeast), The Grove Municipal Serv­ the Commission to abandon by sale cer­ change of natural gas between Appli­ ice Authority (Grove), and The Jay Util­ tain natural gas facilities, all as more cants, all as more fully set forth in the ities Authority (Jay), c/o Wm. Warfield fully set forth in the application which application which is on file with the Ross, Wald, Harkrader and Rockefeller, is on file with the Commission and open Commission and open to public inspec­ 1225 1 9th Street NW, Washington, D.C. to public inspection. tion. 20036 (Applicants), filed in Docket No. Specifically, Applicant proposes to abandon by sale approximately 5,139 feet Specifically, Applicants propose to con­ CP67-285 an application, as amended of 4-inch O.D. gathering pipeline and struct and operate facilities to inter­ April 5, 1967, pursuant to section 7(a) connect their existing pipeline systems in of the Natural Gas Act for an order of two small purchase measuring stations located in Hidalgo County, Tex., to Victoria County, Tex., and Cameron Par­ the Commission directing Cities Service ish, La., to enlarge the existing facilities Gas Co. (Respondent) to sell and deliver Coastal States Producing Co. Said facil­ ities were installed by Applicant to pur­ in. Pike County, Miss., and to use these additional volumes of natural gas to three points, together with another exist­ Northeast and Grove for resale to Jay for chase natural gas from American Petro- fina Company of Texas et al. (American) ing point in Walthall County, Miss., for resale and distribution and for resale by the exchange of natural gas between Northeast and Grove to consumers along and, pursuant to an agreement between the parties, a change in delivery points Applicants’ systems. Applicants, pur­ the proposed transmission line between suant to an Exchange Agreement dated the existing systems of Northeast and was effected. Applicant, therefore, will February 22, 1967, agree that Transco Grove and the proposed system of Jay, all no longer need or require the above- described facilities. will deliver natural gas to United at the as more fully set forth in the application point of interconnection in Victoria which is on file with the Commission and Applicant states that the agreed price County, Tex., and United will redeliver open to public inspection. for the facilities is $12,000, the approxi­ mate depreciated cost of said facilities an equivalent quantity to Transco at the Specifically, Applicants request that to Applicant. point of interconnection in Cameron Respondent deliver additional volumes of Protests or petitions to intervene may Parish, La., or, with Transco’s approval, natural gas as follows: be filed with the Federal Power Commis­ at either of the other two existing points sion, Washington, D.C. 20426, in accord­ of interconnection. Maximum Maximum annual require­ ance with the rules of practice and Applicants estimate the total cost of daily re­ ments (Mei) the proposed facilities at approximately quirements procedure (18 CFR 1.8 or 1.10) and the Year (Mcf) for regulations under the Natural Gas Act $178,866. Jay Jay Other Total (§ 157.10) on or before May 8, 1967. Protests or petitions to intervene may Take further notice that, pursuant to be filed with the Federal Power Commis­ 1st___ ~i. 1,103 99,167 5.000 104,167 sion, Washington, D.C. 20426, in accord­ 2d.... I 1,119 99,936 the authority contained in and subject 3d.... 5.000 104,936 1,135 100,697 5.000 105,697 to the jurisdiction conferred upon the ance with the rules of practice and proce­ Federal Power Commission by sections 7 dure (18 CFR 1.8 or 1.10) and the regula­ and 15 of the Natural Gas Act and the tions under the Natural Gas Act (157.10) Jay proposes to construct a 5-inch con­ Commission's rules of practice and pro­ on or before May 8,1967. necting pipeline running from its town cedure, a hearing will be held without Take further notice that, pursuant to border to an interconnection with the further notice before the Commission the authority contained in and subject system operated by Northeast and Grove, on this application if no protest or peti­ to the jurisdiction conferred upon the a distance of approximately 13 miles, at tion to intervene is filed within the time Federal Power Commission by sections 7 Grove, Okla. required herein, if the Commission on and 15 of the Natural Gas Act and the Northeast and Grove propose to sell its own review of the matter finds that Commission’s rules of practice and pro­ natural gas to rural consumers living permission and approval for the pro­ cedure, a hearing will be held without v along the transmission line between posed abandonment is required by the further notice before the Commission on Grove and Jay. Northeast also proposes public convenience and necessity. If a this application if no protest or petition to install a compressor plant at a point protest or petition for leave to intervene to intervene is filed within the time re­ near the connection with Respondent to is timely filed, or if the Commission on quired herein, if the Commission on its Provide adequate pressure to make deliv­ its own motion believes that a formal eries to Jay. hearing is required, further notice of own review of the matter finds that a Applicants estimate the total cost of such hearing will be duly given. grant of the certificate is required by the the Proposed construction at approxi­ Under the procedure herein provided public convenience and necessity. If a mately $528,727, said cost to be financed for, unless otherwise advised, it will be protest or petition for leave to intervene unnecessary for Applicant to appear or is timely filed, or if the Commission on by means of revenue bond issues. be represented at the hearing. Protests or petitions to intervene may its own motion believes that a formal J o s e p h H . G u t r id e , hearing is required, further notice of e filed with, the Federal Power Commis­ Secretary. such hearing will be duly given. sion, Washington, D.C. 20426, in accord- [F.R. Doc. 67-4320; Filed, Apr. 19, 1967; Under the procedure herein provided anoe with the rules of practice and 8 :4 6 a.m .] for, unless otherwise advised, it will be

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6230 NOTICES Philadelphia, Pa. 19101, a Delaware Applicant will proceed as expeditiously unnecessary for Applicant to appear or as practicable with the investment of its be represented at the hearing. corporation; has filed an application pursuant to section 6(c) of the Invest­ assets in such manner. Pending the J oseph H. G utride, ment Company Act of 1940 (“Act”) for completion of such investment, and from Secretary. an order exempting it from all provisions t.imft to time thereafter, in connection [F.R. Doc. 67-4321; Filed, Apr. 19, 1967; of the Act and the Rules and Regula­ with changes in long-term investments, 8 :4 6 a.m .] tions thereunder. All interested persons Applicant may make interim investments are referred to the application on file in obligations of foreign governments or with the Commission for a statement of financial institutions, including interest- [Docket No. RI61-48 etc.] the representations therein, which are bearing deposits in foreign banks or for­ BIG CHIEF DRILLING CO. ET AL. summarized below. eign branches of U.S. banks. Applicant Applicant was organized by Atlantic will not acquire the securities represent­ Order Substituting Respondents, etc.; Richfield Co. (“Atlantic Richfield”) un­ ing its loans or investments for {he pur­ Correction der the laws of the State of Delaware pose of resale and will not trade in securities. March 23,1967. on March 10, 1967. AH of the common stock of Applicant, consisting of 2,000 The Notes are to be sold to a group In the order substituting respondents, shares, par value $100 per share, will be of Underwriters for offering outside the nr*«.king successors co-respondents, re­ purchased by Atlantic Richfield for United States. The Notes are to be designating proceedings, accepting $200,000. Prior to the sale of the notes offered and sold under conditions which agreements and undertakings for filing, of Applicant described below Atlantic are intended to assure that the Notes and requiring filing of agreements and Richfield will, in addition, make a will not be offered or sold in the Ignited undertakings, issued March 1, 1967 and capital contribution to Applicant of States, its territories, or possessions or published in the Federal R egister March $2,800,000 in order that Applicant’s to nationals or citizens or residents of 9, 1967 (F.R. Doc. 67-2592, 32 F.R. 3906) equity capital will be not less than $3 the United States, its territories, or pos­ change the designation of the proceed­ million. Atlantic Richfield may make sessions. Any additional debt securities ing pending in Docket No. RI61—48 to additional capital contributions to Ap­ of Applicant which may be sold to the read “Big Chief Drilling Co., W. C. plicant in the future. Any additional public in the future will be sold under Payne, Post Oak Oil Co., and Payne, Inc.” securities which Applicant may issue, substantially similar conditions. J oseph H. Gutride, ; other than debt securities, will be issued Tax advisers for Atlantic Richfield and Secretary. only to Atlantic Richfield. Atlantic the Applicant have advised them that Richfield intends to retain the stock of U.S. persons will be required to report [FJt. Doc. 67-43 li; Filed, Apr. 19, 1967; and pay an interest equalization tax with 8 :4 5 a.m .] Applicant which it proposes to acquire and any additional securities of Appli­ respect to acquisition of the Notes, except cant which it may acquire. Atlantic where a specific statutory exemption is [Docket Nos. RI67-272 etc.] Richfield will not dispose of any of available. The Applicant has applied to the Internal Revenue Service for a ruling MOBIL OIL CORP. ET AL. Applicant’s securities except to Appli­ cant or to a fully owned subsidiary ef to this effect prior to the sale of the Order Providing for Hearings, etc.; Atlantic Richfield, and Atlantic Rich­ Notes. Thus, by financing its foreign Correction field will cause each such subsidiary not operations through the Applicant rather to dispose of Applicant’s securities except than through the sale of its own debt A p r il 6, 1 9 6 7 . to Atlantic Richfield, the Applicant, or obligations, Atlantic Richfield will utilize Mobil Oil Corp. et al., Docket Nos. another fully owned subsidiary of an instrumentality, the acquisition of RI67-272 et al.; Mobil Oil Corp., Docket Atlantic Richfield. whose debt obligations by U.S. persons No. RI67-272. Atlantic Richfield, a Pennsylvania cor­ would, generally, subject such persons to In the order providing for hearings poration, is engaged in the exploration the interest equalization tax, thereby on and suspension of proposed changes for and the development, production, discouraging them from purchasing such in rates, issued January 31, 1967 and purchase, transportation, refining, and debt obligations. published in the F ederal R egister Feb­ sale of crude oil and the transportation Applicant submits that it is appro­ ruary 9, 1967 (F.R. Doc. 67—1430, 32 and marketing of products derived from priate in the public interest and consist­ F.R. 2719), in the chart after Docket crude oil, including petrochemicals. ent with the protection of investors and No. RI67-272, Rate Schedule No. 328, Applicant has been organized in order the purposes fairly intended by the pol­ change Supplement No. “3” to read to raise funds abroad for use in financing icies and provisions of the Act for the Supplement No. “4”. the requirements of Atlantic Richfield’s Commission to enter an order exempting In footnote 19 change Supplement No. foreign operations in a manner which Applicant from each and every provision “2” to read Supplement No. “12” and in will not adversely affect the United of the Act for the following reasons: (1) footnote 37 change Supplement No. “4” States balance-of-payments position, in The basic purpose of the Applicant is to to read Supplement No. “14”. compliance with the voluntary coopera­ assist in improving the balance-of-pay­ tion program instituted by the President ments program of the United States by J o s e p h H. G u t r id e , serving as a vehicle through which At­ Secretary. in February 1965. Applicant intends to issue and sell $15 lantic Richfield may obtain funds in for­ [F.R, Doc. 67-4317; Filed, Apr. 19, 1967; million of its Guaranteed Notes due 1972 eign countries for its foreign operations; 8:45 a.m .] (“Notes”) . Atlantic Richfield will guar­ (2) the public policy underlying the Act antee the principal, interest payments, is not applicable to the Applicant and the and premium, if any, on the Notes. Any security holders of the Applicant do not additional debt securities of the Appli­ require the protection of the Act, because SECURITIES AND EXCHANGE cant which may be issued to or held by the payment of the Notes, which is guar­ the public will be guaranteed by Atlantic anteed by Atlantic Richfield, does not COMMISSION Richfield in a manner substantially simi­ depend on the operation or investment [812-2094] lar to the guarantee of the Notes. policy of the Applicant, for the Note­ holders may ultimately look to the busi­ ATLANTIC RICHFIELD INTERNA­ Applicant intends to invest its assets in stock or debt obligations of foreign or ness enterprise of Atlantic Richfield TIONAL FINANCE CORP. domestic corporations all or substantially rather than solely to that of the Appli­ all of whose business is conducted cant; (3) none of the securities other Notice of Filing of Application for than debt securities of the Applicant wu Order Exempting Company From abroad, at least 15 percent of whose out­ standing equity securities is owned by be held by any person other than At­ All Provisions of Act Atlantic Richfield and which are con­ lantic Richfield or a fully owned sub­ April 13, 1967. trolled by Atlantic Richfield and are pri­ sidiary of Atlantic Richfield; (4) Appli­ Notice is hereby given that Atlantic marily engaged in a business other than cant will not permit any of its debt investing, reinvesting, owning, holding, securities to be issued to or held by tn Richfield International Finance Corp. public unless they are fully guaranteed (“Applicant”) , 260 South Broad Street, or trading in securities, FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6231 by Atlantic Richfield; (5) the Applicant ^roadway, New York, N.Y. 19006, a will not deal or trade in securities; (6) in the prospectus. Section 6(c) permits Maryland corporation registered under the Commission, upon application, to the stock of Atlantic Richfield is listed the Investment Company Act of 1940 on the New York Stock Exchange, the exempt such a transaction if it finds that (“Act”) as an open-end diversified man­ such exemption is necessary or appro­ offering of the Notes of Applicant will be agement investment company, has filed made pursuant to a prospectus describ­ priate in the public interest and consist­ an application pursuant to section 6(c) ent with the protection of investors and ing Applicant and, Atlantic Richfield and of the Act requesting an order of the containing certified financial statements the purposes fairly intended by the policy Commission exempting from the provi­ and provisions of the Act. of Atlantic Richfield, it is expected that sions of section 22(d) of the Act a trans­ the Notes will be listed on the Luxem­ action in which applicant’s redeemable Applicant contends that the proposed bourg Stock Exchange; (7) the Notes securities will be issued at a price other offering of its stock will comply with the will be offered and sold only to foreign than the current public offering price provisions of the Act, other than section nationals under conditions intended to described in the prospectus in exchange 22(d) and submits that the granting of assure that they will not be reoffered or for the assets of The Larson Corp. the application would be in accordance resold in the United States, its territories, (“Larson”) . All interested persons are with established practice of the Commis­ or possessions or to any national, citizen, referred to the application on file with sion, is necessary and appropriate in the or resident thereof; and (8) the burden of the Commission for a statement of the public interest and consistent with the the interest equalization tax will tend to applicant’s representations which are protection of investors and the purposes discourage purchase of the Notes by any summarized below. fairly intended by the policy and provi­ U.S. person. Larscpi, a New York corporation, is an sions of the Act.- Notice is further given that any in­ investment company all of whose out­ Notice is further given that any inter­ terested person may, not later than April standing stock is owned of record and ested person may, not later than May 27, 1967, at 5:30 p.m., submit to the beneficially by two individuals and is ex­ 4,1967, at 5:30 p.m., submit to the Com­ Commission in writing a request for a empt from registration under the Act by mission in writing a request for a hearing hearing on the matter accompanied by reason of the provisions of section 3(c) on the matter accompanied by a state­ a statement as to the nature of his in­ (1) thereof. Larson was incorporated in ment as to the nature of his interest, the terest, the reason for such request, and 1946 and prior to 1952 operated a retail reason for such request and the issues of the issues of fact or law proposed to be automobile dealership. In that year it fact or law proposed to be controverted, controverted, or he may request that he sold substantially all its business and or he may request that he be notified be notified if the Commission should or­ assets and since such sale it has been if the Commission should order a hear­ der a hearing thereon. Any such com­ engaged primarily in the business of in­ ing thereon. Any such communication munication should be addressed: Secre­ vesting and reinvesting its funds, includ­ should be addressed: Secretary, Securi­ tary, Securities and Exchange Commis­ ing, until 1961, investing in real estate. ties and Exchange Commission, Wash­ sion, Washington, D.C. 20549. A copy Pursuant to an agreement between ap­ ington, D.C. 20549. A copy of such re­ of such request shall be served person­ plicant and Larson substantially all of quest shall be served personally or by ally or by mail (airmail if the person be­ the cash and securities owned by Larson, mail (airmail if the person being served ing served is located more than 500 miles with a value of approximately $4,630,375 is located more than 500 miles from the from the point of mailing) upon Appli­ as of February 6, 1967, will be trans­ point of mailing) upon applicant. Proof cant at the address stated above. Proof ferred to applicant in exchange for of such service (by affidavit or in case of such service (by affidavit or in case of shares of its capital stock. of an attorney at law by certificate) shall an attorney-at-law by certificate) shall The number of shares of applicant to be filed contemporaneously with the re­ be filed contemporaneously with the re­ be issued to Larson is to be determined quest. At any time after said date, as quest. At any time after said date, as by dividing the aggregate market value provided by Rule 0-5 of the rules and provided by Rule 0-5 of the rules and (with certain adjustments set forth in regulations promulgated under the Act, regulations promulgated under the Act, the application) of the assets of Larson an order disposing of the application an order disposing of the application to be transferred to applicant by the net herein may be issued by the Commission herein may be issued by the Commission asset value per share of applicant, both upon the basis of the information stated upon the basis of the information stated to be determined as of the valuation in said application, unless an order for in said application, unless an order for time, as defined in the agreement. If the hearing upon said application shall be hearing upon said application shall be valuation under the agreement had issued upon request or upon the Com­ issued upon request or upon the Com­ taken place on February 6, 1967, Larson mission’s own motion. Persons who re­ mission’s own motion. Persons who re­ would have received 309,899 shares of quest a hearing or advice as to whether a quest a hearing or advice as to whether applicant’s stock. hearing is ordered will receive notice of a hearing is ordered, will receive notice When received by Larson, the shares further developments in this matter, of further developments in this matter, of applicant are to be distributed to the including the date of the hearing (if or- including the date of the hearing (if Larson stockholders on the liquidation dered) and any postponements thereof. ordered) and any postponements there- of Larson. Applicant has been advised For the Commission (pursuant to dele­ by the management of Larson that the gated authority). stockholders of Larson do not have any For the Commmission (pursuant to present intention of redeeming or other­ [ s e a l ] O rval L. DuBois, delegated authority). wise transferring the shares of applicant Secretary. [SEAL] ORVAL L . D u BOIS, to be received on such liquidation follow­ [FJl. Doc. 67-4333; Filed, Apr. 19, 1967; Secretary. ing the sale of assets transaction. 8:47-a.m.] No affiliation exists between Larson or [PR. Doc. 67-4332; Piled, Apr. 19, 1967; its officers, directors or stockholders and 8 :4 7 a.m .] applicant, its officers or directors, and the [812-2106] agreement was negotiated at arm’s NATIONAL LEAD OVERSEAS CAPITAL [812-2076] length by the two companies. The Board of Directors of applicant approved the CORP. bro a d s t r e e t in v e s t in g c o r p . agreement as being in the best interests Notice of Filing of Application for Notice of Filing of Application for of its shareholders, taking all relevant Order Exempting Company From considerations into account including, Order Exempting Sale by Open- among others, the fact that the resulting All Provisions of Act End Company of Its Securities at increase in assets will tend to reduce per A p r il 13,1967. Other Than Public Offering Price share expenses. Notice is hereby given that National Section 22(d) of the Act provides that April 13, 1967. Lead Overseas Capital Corp. (“Appli­ registered open-end investment com­ cant”) , 100 West 10th Street, Wilming­ Notice is hereby given that Broad panies may sell their shares only at the street Investing Corp. (“applicant”), 65 ton, Del., a Delaware corporation, has current public offering price as described filed an application pursuant to section

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20 1967 6232 NOTICES expeditiously as practicable with the in­ Applicant do not require the protection 6(c) of the Investment Company Act of of the Act, because the payment of the 1940 (“Act”) for an order exempting it vestment of its assets in such manner and will not trade in securities. In bonds, which is guaranteed by National, from all provisions of the Act and the does not depend on the operations or in­ rules and regulations thereunder. All addition and prior to making long-term investments, and from time to time vestment policy of the Applicant, for the interested persons are referred to the ap­ bondholders may ultimately look to the plication on file with the Commission for thereafter, in connection with changes in long-term investments;. Applicant business enterprise of National rather a statement of the representations there­ than solely to that of the Applicant. in, which are summarized below. will make interim investments in obli­ gations of foreign governments or finan­ Notice if further given that any in­ Applicant was organized by National terested person may, not later than May Lead Co. ' (“National”) under the laws cial institutions, including interest bear­ ing deposits in foreign banks. Applicant 1,1967, at 5:30 p.m., submit to the Com­ of the State of Delaware on March 23, mission in writing a request for a hear­ 1967. All of the outstanding securities will not acquire the securities represent­ ing interim investments for purpose of ing on the matter accompanied by a of Applicant are owned by .National statement as to the nature of his inter­ which purchased such stock for $1,000. distribution. The bonds are to be sold through a est, the reason for such request and the Prior to the sale of the bonds of Appli­ issues of fact or law proposed to be con­ cant described below, National will ac­ group of underwriters for offering out­ side the United States. The bonds are to troverted, or he may request that he be quire additional shares of common stock notified if the Commission shall order in exchange for 10 percent of National’s be offered and sold under conditions which are intended to assure that the a hearing thereon. Any such communi­ stock interest in Titan GmbH (“Titan”) cation should be addressed: Secretary, a West German corporation principally bonds will not be offered or sold in the United States, its territories or posses­ Securities, and Exchange Commission, engaged in the production of titanium Washington, D.C. 20549. A copy of such dioxide pigments and related products. sions or to nationals, citizens or residents request shall be served personally or by National’s 100 percent stock interest in of the United States, its territories or possessions. The contracts relating to mail (airmail if the person being served Titan is valued by its Board of Directors is located more than 500 miles from the at substantially in excess of its book such offer and sale will contain various provisions intended to. assure that the point of mailing) upon Applicant at the value of $32,500,000. Any additional se­ address stated above. Proof of such curities which Applicant may issue, other bonds will not be purchased by nationals, citizens or residents of the United States, service (by affidavit or in case of an at­ than debt securities, will be issued only torney at law by certificate) shall be to National. National will continue to its territories or possessions. Any addi­ tional debt securities of Applicant which filed contemporaneously with the re­ retain its present holdings of Applicant’s quest. At any time after said date, as stock and any additional securities of may be sold to the public in the future provided by Rule 0-5 of the rules and Applicant which National may acquire, will be sold under substantially similar conditions. regulations promulgated under the Act, and National will not dispose of any of Counsel has advised the Applicant that an order disposing of the application Applicant’s securities except to Appli­ herein may be issued by the Commission cant or to a fully owned subsidiary of U.S. persons will be required to report upon the basis of the information stated National (which term as used herein and pay an interest equalization tax with in said application, unless an order for means a corporation all of the outstand­ respect to acquisition of the bonds, except hearing upon said application shall be ing securities of which, other than short where a specific statutory exemption is issued upon request or upon the Com­ term paper as defined in section 2(a) (36) available. Thus, by financing its foreign operations through the Applicant rather mission’s own motion. Persons who re­ of the Act, are owned, directly or in­ than through the sale of its own debt quest a hearing or advice as to whether directly, by National); and National will obligations, National wilL utilize an in­ a hearing is ordered will receive notice cause each fully owned subsidiary not to strumentality, the acquisition of whose of further developments ini this matter, dispose of Applicant’s securities except debt obligations by United States persons including the date of the hearing to National, the Applicant, or another would, generally, subject such persons to (if ordered) and any postponements fully owned subsidiary of National. thereof. National, a New Jersey corporation the interest equalization tax, thereby with approximately 50,000 shareholders discouraging them from purchasing such For the Commission (pursuant to dele­ debt obligations. gated authority). engaged in the production and sale of Applicant submits that it is appro­ pigments (principally titanium dioxide [ s e a l ] O rval L - D tjB o is , pigments), other products used in the priate in the public interest and con­ Secretary. manufacture of paint, die castings, rail­ sistent with the protection of investors and the purposes fairly intended by the [FJR. Doc. C7-4334; Filed, Apr. 1 9 , 1967; way journal bearings, components for llgpS 8:47 a.m.] batteries and oil drilling muds. policies and provisions of the Act for the Applicant has been organized to raise Commission to enter an order exempting funds abroad for financing the expan­ Applicant from each and every provision [File No. 24D-2691 ] sion and development of National’s for­ of the Act for the following reasons: (1) eign operations while at the same time A significant purpose of the Applicant is SAMANTHA POLLARD INDUSTRIES, providing assistance in improving the to assist in improving the balance of pay­ INC. ments program of the United States by balance of payments position of the Order Temporarily Suspending Ex­ United States in compliance with the serving as a vehicle through which Na­ voluntary cooperation program insti­ tional may obtain funds in foreign coun­ emption, Statement of Reasons tuted by the President in February 1965. tries for its foreign operations; (2) the Therefor, and Notice of Opportun­ Applicant intends to issue and sell bonds will be offered and sold abroad to ity for Hearing $60 million Deutsche Marks (approxi­ foreign nationals under Circumstances April 13, 1967. designed to prevent any reoffering or re­ mately $15 million) of its Guaranteed I. Samantha Pollard Industries, Inc. Bonds payable, over a period 12 years sale in the United States, its territories or possessions or to any U.S. national, citi­ (issuer), a Colorado corporation with from the date of issue (“bonds”) . Na­ offices at 209 Colorado Building, 1615 tional will guarantee the principal, inter­ zen or resident in connection with such offering; (3) the burden of thé interest California Street, Denver, Colo., pled est payments and premium, if any, bn with the Commission on April 19,1965, a the bonds. Any additional debt secu­ equalization tax will tend to discourage purchase of the bonds by any U.S. person; notification on Form 1-A and an offering rities of the Applicant which may be circular relating to a public offering oi issued to or held by the public will be (4) the Applicant will not deal or trade in securities; (5) none of the securities of 60,000 shares of its $2 par value common guaranteed by National in a manner sub­ stock at $5 per share for an aggregate oi stantially similar to the guarantee of the Applicant, other than debt securities, will be held by any person other than $300,000 for the purpose of obtaining an bonds. National or a fully owned subsidiary of exemption from the registration re^ ne' Applicant intends to invest its assets ments of the Securities Act of 1933, as in stock or debt obligations of Titan and National; and (6) the public policy un­ derlying the Act is not applicable to the amended, pursuant to the provisions o other foreign subsidiaries and affiliates section 3 (b) thereof and Regulation a of National. Applicant will proceed as Applicant and the security holders of the

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6233 promulgated thereunder. According to order of suspension should be vacated ing with the Valley National Bank of information filed by the issuer, said offer­ or made permanent, without prejudice, Arizona, a national banking association, ing commenced on or about July 3, 1965. however, to the consideration and pres­ the sum of $15,039.34 in escrow for the On April 20,1966, the issuer filed a report entation of additional matters at the account of Applicant, and a negotiable of sales reducing the amount of the offer­ hearing; and that notice of the time and promissory note (“note”) , in the amount ing which indicated that $26,700 of the place for said hearing will be promptly of $30,000, which note is payable in two common stock had been sold and that the given by the Commission. If no hearing equal installments, on January 5, 1968, offering had been discontinued on is requested and none is ordered by the and January 5, 1969, plus interest at 6 April 20,1966. Commission, the order shall become per­ percent from the date of said note. The II. The Commission has reason to manent on the 30th day after its entry Wells Fargo Bank (“Bank”), a Califor­ believe from information reported to it and shall remain in effect unless it is nia corporation unaffiliated with Mr. by its staff that: modified or vacated by the Commission. Soda and the Applicant, has agreed to A. The notification and offering cir­ By the Commission. purchase the note from the Applicant for cular filed pursuant to Rules 255 and 256 the principal amount of the note without of Regulation A of the general rules and [ s e a l ] O rval L . D ttB o is , recourse to the Applicant. Thereupon, regulations under the Securities Act of Secretary. the Applicant will receive $45,039.34 in 1933, as amended, contain untrue state­ [F.R. Doc. 67-4335; Filed, Apr. 19, 1967; cash. In return, the Applicant will re­ ments of material facts and omit to state 8 :4 7 a jn .] lease Mr. Soda from all claims pertain­ material facts necessary in order to make ing to the above liability. the statements made, in the light of the [812-2107] Section 17(a) of the Investment Com­ circumstances under which they were pany Act, as here pertinent, makes it made, not misleading, particularly with SOUTHWESTERN RESEARCH AND unlawful for Mr. Soda, a director and an respect to: GENERAL INVESTMENT CO. affiliated person of the Applicant, to (1) 1. The failure to disclose that the sell securities or other property to the president of the issuer failed to make a Notice of Filing of Application for Applicant; (2) purchase property from $9,000 payment to the issuer on Decem­ Order Exempting Proposed Trans­ the Applicant, and (3) borrow money ber 31, 1965, pursuant to a note in the actions from the Applicant. approximate amount of $25,858.82. A p r il 13, 1967. The application states that the above 2. The failure to disclose that on Jan­ Notice is hereby given that Southwest­ settlement falls within the provisions of uary 1, 1966, the issuer entered into an ern Research and General Investment section 17(a) of the Investment Com­ agreement to pay its president $25,858.82 Co. (“Applicant”) , 3620 North Third Av­ pany Act because (1) the issuance of plus all interest accrued after July 2, enue, Phoenix, Ariz. 85013, an Arizona Mr. Soda’s promissory note to the Appli­ 1965} for his (Waffle Cottage Franchise) corporation and a registered, closed-end, cant may be deemed a sale of a security ideas, including all designs and archi­ nondiversified management investment or property to the Applicant; (2) the tectural drawings. company, has filed an application pur­ release of Mr. Soda from his indebted­ 3. The failure to disclose that the suant to section 17 (b) of the Investment ness to the Applicant may be deemed a issuer entered into an agreement on De­ Company Act of 1940 (“Investment Com­ purchase of property from the Applicant cember 26, 1965, whereby the issuer pany Act”) for an order exempting from and (3) the issuance and delivery of the would pay a partnership a commission the provisions of section 17(a) of the promissory note to the Applicant would of 1,000 shares of the issuer’s common Investment Company Act certain trans­ constitute the borrowing of money from stock plus expenses incurred if the part­ actions incident to a settlement of a the Applicant. nership obtained a minimum loan of claim against one of the Applicant’s di­ Under section 17(b) of the Investment $150,000 for the issuer. rectors arising out of transactions fall­ Company Act the Commission may, upon 4. The failure to disclose that certain ing within the scope of the provisions application, grant an exemption from of the funds received from the public of­ of section 16(b) of the Securities Ex­ the provisions of section 17(a) of the fering were diverted by the president for change Act of 1934 (“Exchange Act”). Investment Company Act and issue an his own use. All interested persons are referred to the order of exemption if the terms of the 5. The failure to disclose adequately application on file with the Commission proposed transaction are reasonable and and accurately the purposes for which for a statement of the representations fair and do not involve overreaching on the proceeds from the sale of securities therein which are summarized below. the part of any person concerned, and were to be used and the order of priority The application states that during the the proposed transaction is consistent in which such would be used. period from December 16, 1963, to May with the policy of the Applicant and B. The issuer filed a report on Form 14, 1964, and from March 18, 1965, to with the general purposes of the Invest­ 2-A containing false statements. August 5, 1965, Y. C. Soda, Chairman of ment Company Act. C. The offering was made in violation Applicant’s Board of Directors, sold and Notice is further given that any in­ of section 17 of the Securities Act of 1933, purchased and purchased and sold com­ terested person may, not later than as amended. mon stock of the Applicant within May 1, 1967, at 12:30 pan., submit to m . It appearing to the Commission 6-month periods. the Commission in writing a request for that it is in the public interest and for Section 16(b) of the Exchange Act, as a hearing on the matter accompanied the protection of investors that the ex­ here pertinent, provides that any profit by a statement as to the nature of his emption of the issuer under Regulation realized by an officer or director of an interest, the reason for such request and A be temporarily suspended. issuer from any purchase and sale, or the issues of fact or law proposed to be It is ordered, Pursuant to Rule 261(a) any sale and purchase, of any equity se­ controverted, or he may request that he of the general rules and regulations un­ curities of such issuer within any pe­ be notified if the Commission shall der the Securities Act of 1933, as amend­ riod less than 6 months, shall inure to order a hearing thereon. Any such ed, that the exemption of the issuer un­ and be recoverable by the issuer. communication should be addressed: der Regulation A be, and it hereby is, Section 30(f) of the Investment Com­ Secretary, Securities and Exchange temporarily suspended. pany Act, as here pertinent, provides Commission, Washington, D.C. 20549. A Notice is hereby given that any per­ that the duties and liabilities imposed copy of such request should be served sons having any interest in the matter by section 16 of the Exchange Act shall personally or by mail (airmail if the may file with the Secretary of the Com­ be applicable to officers and directors of person being served is located more than mission a written request for hearing a registered closed-end investment com­ 500 miles from the point of mailing) within 30 days after the entry of this pany. upon Applicant at the address stated order; that within 20 days after receipt As a result of his transactions in the above. Proof of such service (by affidavit of such request, the Commission will, or Applicant’s common stock, Mr. Soda or in case of an attorney at law by cer­ at any time upon its own motion may, realized a profit and became indebted to tificate) shall be filed contemporaneously set the matter down for hearing at a the Applicant in the amount of $45,039.34. with the request. At any time after said Place designated by the Commission for Mr. Soda has agreed to satisfy such date, as provided by Rule 0-5 of the rules the purpose of determining whether this Indebtedness to the Applicant by deposit- and regulations promulgated under the FEDERAL I No. 76---- 9 1EGISTER, VOL. 32, NO. 76— THURSDAY, APRIL ‘ 0, 1967 6234 NOTICES Investment Company Act, an order dis­ the requirements of § 1.247(d) (4) of the No. MC 4405 (Sub-No. 449), filed posing of the application herein may be special rule, and shall include the certifi­ March 29, 1967. Applicant: DEALERS issued by the Commission upon the cation required therein. TRANSIT, INC., 13101 South Torrence basis of the information stated in said Section 1.247(f) of the Commission’s Avenue, Chicago, HI. Applicant’s rep­ application, unless an order for hearing rules of practice further provides that resentative: -James W. Wrape, 2111 upon said application shall be issued each applicant shall, if protests to its Sterick Building, Memphis, Tenn. 38103. upon request or upon the Commission’s application have been filed, and within Authority sought to operate as a c o m m o n own motion. Persons who request a 60 days of the date of this publication, carrier, by motor vehicle, over irregular hearing or advice as to whether a hear­ notify the Commission in writing (1) routes, transporting: Signs, sign p o le s , ing is ordered, will receive notice of that it is ready to proceed and prosecute and parts and accessories therefor, from further developments in this matter, the application, or (2) that it wishes to points in Tennessee to points in the including the date of the hearing (if or­ withdraw the application, failure in United States (except Alaska and dered) and any postponement thereof. which the application will be dismissed Hawaii). Note : If a hearing is deemed necessary, applicant requests it be held , For the Commission (pursuant to by the Commission. at Knoxville or Nashville, Tenn., or delegated authority). Further processing steps (whether Washington, D.C. modified procedure, oral hearing, or [SEAL] ORVAL L. DUBOIS, other procedures) will be determined No. MC 21170 (Sub-No. 253), filed Secretary. generally in accordance with the Com­ April 5, 1967. Applicant: BOS LINES, [F.R. Doc. 67-4336; Filed, Apr. 19, 1967; mission’s general policy statement con­ INC., 408 South 12th Avenue, Marshall­ 8 :4 7 a.m .] town, Iowa 50158. Applicant’s repre­ cerning motor carrier licensing proce­ sentative: William C. Harris (same ad­ dures, published in the Federal Register dress as applicant). Authority sought issue of May 3, 1966. This assignment to operate as a common carrier, by mo­ INTERSTATE COMMERCE will be by Commission order which will tor vehicle, over irregular routes, trans­ be served on each party of record. porting : Meats, meat products, meat by­ COMMISSION The publications hereinafter set forth products, and articles distributed by reflect the scope of the applications as meat "packinghouses as described in sec­ [Notice 1052] filed by applicants, and may include de­ tions A and C of appendix I to the report scriptions, restrictions, or limitations MOTOR CARRIER, BROKER, WATER in Descriptions in Motor Carrier Certifi­ which are not in a form acceptable to cates, 61 M.C.C. 209 and 766 (except CARRIER AND FREIGHT FOR­ the Commission. Authority which ul­ commodities in bulk, in tank vehicles), WARDER APPLICATIONS timately may be granted as a result of from Edgar, Wis., to points in the New April 14,1967. the applications here noticed will not York, N.Y., commercial zone, and New­ necessarily reflect the phraseology set ark, N.J., and its commercial zone. The following applications are gov­ forth in the application as filed, but also erned by Special Rule 1.2471 of the Com­ Note: If a hearing is deemed necessary, will eliminate any restrictions which are applicant requests it be held at New York, mission’s general rules of practice (49 not acceptable to the Commission. CFR Part 1, as amended), published in N.Y. No. MC 703 (Sub-No. 18), filed Febru­ No. MC 30844 (Sub-No. 235) filed the Federal Register issue of April 20, ary 14, 1967. Applicant: HINCHCLIFF 1966, effective May 20,1966. These rules March 31, 1967. Applicant: KROBLIN provide, among other things, that a pro­ MOTOR SERVICE, INC., 3400 South REFRIGERATED XPRESS, INC., 2125 test to the granting of an application Pulaski Road, Chicago, HI. Applicant’s Commercial, Waterloo, Iowa 50704. Ap­ must be filed with the Commission within representative: Charles W. Singer, 33 plicant’s representative: Truman A. North La Salle Street, Chicago, HI. 60602. Stockton, Jr., The 1650 Grant Street 30 days after date of notice of filing of Authority sought to operate as a common the application is published in the Fed­ Building, Denver, Colo. 80202. Author­ carrier, by motor vehicle, over irregular ity sought to operate as a common car­ eral R egister. Failure seasonably to routes, transporting: ' Plastic articles, file a protest will be construed as a waiver rier, by motor vehicle, over irregular of opposition and participation in the cellular, expanded and foamed urethane routes, transporting: Candy and confec­ (polyurethane), foamed, pads, padding, tionery, from the plantside and storage proceeding. A protest under these rules mattress, upholstering, and solid blocks, should comply with § 1.247(d) (3) of the faculties of Mason Candies, Inc., at or rules of practice which requires that it sheetsplanks, and logs and automobile near Mineola, Long Island, N.Y., and set forth specifically the grounds upon parts made from plastics and urethane Jersey City, N.J., to Chicago, HI., and which it is made, contain a detailed cellular, expanded, and foamed, from Detroit, Mich. Note: If a hearing is statement of protestant’s interest in the Bremen, Ind„ to points in St. Clair, Ing­ deemed necessary, applicant requests it proceeding (including a copy of the spe­ ham, Kalamazoo, Kent, Lenawee, Liv­ be held at Washington, D.C. ingston, Macomb, Monroe, Oakland, Ot­ No. MC 31024 (Sub-No. 36), filed cific portions of its authority which tawa, Shiawassee, Washtenaw, Allegan, April 6 , 1967. Applicant: NEPTUNE protestant believes to be in conflict with and Wayne Counties, Mich. Note: If a that sought in the application, and de­ hearing is deemed necessary, applicant WORLD-WIDE MOVING, INC., 55 Wey- scribing in detail the method—whether requests it be held at Chicago, HI. man Avenue, New Rochelle, N.Y. 10802. by joinder, interline, or other means— No. MC 2392 (Sub-No. 58), filed April Applicant’s representative: S. S. Eisen, by which protestant would use such au­ 3, 1967. Applicant: WHEELER TRANS­ 140 Cedar_Street, New York, N.Y. 10006. thority to provide all or part of the serv­ PORT SERVICE, INC., Post Office Box Authority sought to operate as a com­ ice proposed), and shall specify with 14248, West Omaha Station, 7722 F mon carrier, by motor vehicle, over ir­ particularity the facts, matters, and regular routes, transporting: T a b u l a t i n g things relied upon, but shall not include Street, Omaha, Nebr. 68114. Applicant’s machines, uncrated, between Palm issues or allegations phrased generally. representative: Keith D. Wheeler, Post Beach, Broward, and Dade Counties, Fla., Office Box 14248, West Omaha Station, on the one hand, and, on the other, Protests not in reasonable compliance Omaha, Nebr. 68114. Authority sought with the requirements of the Rules may to operate as a common cdrrier, by motor points in the United States (except be rejected. The original and one copy Alaska and Hawafi). Note: If a hearing of the protest shall be filed with the Com­ vehicle, over irregular routes, transport­ is deemed necessary, applicant requests ing: Anhydrous ammonia, in bulk, in it be held at New York, N.Y., or Wash­ mission, and a copy shall be served con­ tank vehicles, from the plant and storage currently upon applicant’s representa­ site of Armour Agricultural Chemical ington, D.C. tive, or applicant if no representative is Co., Jackson County, at or near Bellevue, No. MC 33641 (Sub-No. 63), named. If the protest includes a request Iowa, to points in Iowa, Kansas, filed April 7, 1967. Applicant: IML for oral hearing, such requests shall meet Nebraska, South Dakota, Minnesota, FREIGHT, INC., Post Office Box 2277, North Dakota, Wisconsin, Hlinois, 2175 South 3270 West Street, Salt Lake 1 Copies of Special Rule 1.247 (as amended) Indiana, Michigan, and Missouri. Note: City, Utah 84110. Applicant’s represent­ can be obtained by writing to the Secretary, If a hearing is deemed necessary, appli­ ative: Marshall G. Berol, 100 Bush Interstate Commerce Commission, Washing­ Street, 21st Floor, San Francisco, Calif. ton, D.C.20423. cant requests it be held at St. Louis, Mo.

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6235 94104. Authority sought to operate as deemed necessary, applicant requests it a common carrier, by motor vehicle, point of beginning, including points on be held at New York, N.Y., or Washing­ the Indicated portions of the highway over regular routes, transporting: Gen­ ton, D.C. eral commodities, except those of un­ specified, and points in Kansas and Mis­ usual value, livestock, classes A and B ex­ No. MC 50307 (Sub-No. 38). filed April souri, with no transportation for com­ plosives, household goods as defined by 3, 1967. Applicant: INTERSTATE pensation on return except as otherwise the Commission, commodities in bulk, DRESS CARRIERS, INC., 247 West 35th authorized. N ote: Applicant states it and commodities requiring special Street, New York, N.Y. 10001. Appli­ may presently provide the above service equipment other than refrigeration, be­ cant’s representative: Herbert Burstein, by operating through Marion, Ohio. tween Chicago, 111., and Lima, Ohio; 160 Broadway, New York, N.Y. 10038. Applicant also states that, in addition, from Chicago, over Interstate Highway Authority sought to operate as a com­ in its sub 12 certificate, it presently holds 94 to Junction U.S. Highway 30 (near mon carrier, by motor vehicle, over ir­ authority on restricted commodities from Chicago Heights, 111.), thence over U.S. regular routes, transporting: Wearing Columbus, Ohio, to the same destination Highway 30 to junction U.S. Highways awarel and materials and supplies used territory sought herein. The purpose of 30N and 30S (near Delphos, Ohio), in the manufacture thereof, between the requested authority is to eliminate thence over U.S. Highway 30S to Lima, points in the New York, N.Y., commer­ the necessity of operating through and return over the same route serv­ cial zone, on the one hand, and, on the Marion, Ohio. ing no intermediate points, as an alter­ other, Parkersburg, W. Va. N ote: If a (3) General commodities (except nate route for operating convenience hearing is deemed necessary, applicant those of unusual value, classes A and B only, serving Chicago, 111., and Lima, requests it be held at New York, N.Y. explosives, household goods as defined Ohio, as points of joinder only. Re­ C No. MC 55236 (Sub-No. 150), filed by the Commission, commodities in bulk, stricted against transporting shipments March 30, 1967. Applicant: OLSON commodities requiring special equip­ which have an origin or destination in TRANSPORTATION COMPANY, a cor- ment, those injurious or contaminating the Chicago, 111., commercial zone. portation, 1970 South Broadway, Green to other lading), and brick and brick Note: If a hearing is deemed necessary, Bay, Wis. 54306. Applicant’s representa­ products, between Cleveland, Ohio, on applicant does not specify location tive: G. R. Richmond (same address as the one hand, and, on the other, Warsaw, No. MC 37896 (Sub-No. 18), filed applicant). Authority sought to operate Ohio, the plantsites of Cambridge Glass March 31, 1967. Applicant: YOUNG­ as a common carrier, by motor vehicle Co., the Andrews Lumber & Box Co., BLOOD TRUCK LINES, INC., Fletcher, over irregular routes, transporting: Radio Corp. of America, and the Gen­ N.C. Applicant’s representative: h ' Liquid acids, in bulk, in tank vehicles eral Electric Distribution Center, all Charles Ephraim, 1411 K Street NW from the plantsite of Central Chemical, located near Cambridge, Ohio, and all Washington, D.C. 20005. Authority Division of Wilson & Co., at or near El- points, including the terminal, on the sought to operate as a common carrier, wood, 111., to points in Wisconsin. Note: following described routes in Ohio: (a) by motor vehicle, over regular routes, If. ® hearing is deemed necessary, ap­ From New Philadelphia over Ohio High­ transporting: General commodities (ex­ plicant requests it be held at Chicago, way 16 through Tuscarawas to junction cept those of unusual value, dangerous U.S. Highway 36; (b) from junction U.S. explosives, livestock, household goods as No. MC 59728 (Sub-No. 19), filed Highway 250 and Ohio Highway 259 over defined in Practices of Motor Common March 28, 1967. Applicant: MORRI­ Ohio Highway 259 to junction Ohio High­ Carriers of Household Goods, 17 M.C.C. SON MOTOR FREIGHT, INC., 1100 way 16; (c) from Zanesville, over Ohio 407, commodities in bulk, and those re­ East Jenkins Boulevard, Arkon,* Ohio Highway 93 (formerly Ohio Highway 75) quiring special equipment), between 44306. Applicant’s representative: Ed­ through Adamsville, Otsego, and Plain- Mount Vernon, Ky., and Indianapolis, ward G. Bazelon, 39 South La Salle field, to West Lafayette; (d) from Co­ Ind.: From Mount Vernon over US Street, Chicago, 111. 60603. Authority shocton over Ohio Highway 76 through Highway 150 to Danville, Ky., thence sought to operate as a common carrier, Marquand Mills, and Otsego to Bloom­ over U.S. Highway 127 to junction Ken­ by motor vehicle, over irregular routes! field, thence over Ohio Highway 209 to tucky Highway 151, thence over Ken­ transporting: (1) General commodities Cambridge; (e) from Plainfield over Ohio tucky Highway 151 to junction U.S. (except those of unusual value, classes Highway 541 (formerly Ohio Highway Highway 60, thence over U.S. Highway A and B explosives, household goods as 271) through Birds Run and Kimbolton 60 to Louisville, Ky., thence over Inter­ defined by the Commission, commodities to North Salem; (f) from Zanesville, state Highway 65 to Indianapolis, and in bulk, commodities requiring special over Ohio Highway 60 (formerly Ohio return over the same route, serving no equipment, those injurious or contam­ Highway 77) to junction Ohio Highway intermediate points, and serving Mount inating to other lading), and brick and 16, thence over Ohio Highway 16 to Co­ Vernon, Ky., for purposes of joinder brick products, between West Lafayette shocton, Ohio, and thence over Ohio only, as an alternate route for operating and Marion, Ohio, with service re­ Highway 76 through Millersburg, Ohio convenience only in connection with ap­ stricted at Marion for purpose of joinder to Wooster; (g) from Coshocton over plicant’s authorized regular route oper­ only. Note: Applicant states it is U.S. Highway 36 to junction Ohio High­ ations between Indianapolis, Ind., and presently authorized to operate between way 60 (formerly Ohio Highway 234) Fletcher, N.C. N ote: If a hearing is West Lafayette and Marion, Ohio, thence over Ohio Highway 60 to Kill- deemed necessary, applicant requests it through Newcomerstown, Ohio, with buck, Ohio, thence over U.S. Highway 62 be held at Washington, D.C., or Ashe­ service restricted at Marion for purposes to Millersburg; (h) from Cambridge ville, N.C. of joinder only. This authority is sought over U.S. Highway 22 to Smyrna, Ohio, No. MC 45021 (Sub-No. 4), filed April to eliminate the necessity of operating thence over Ohio Highway 8 through 6, 1967. Applicant: SPEEDY TRUCK­ through Newcomerstown, Ohio, (2 ) Dennison, Ohio, thence over Ohio High­ ING CO., INC., Page and Schuyler Ave­ general commodities (except those of way 39 through Shanesville, Ohio, to nue, Lyndhurst, N.J. Applicant’s rep­ unusual value, classes A and B explosives, Millersburg; (i) from Cambridge over resentative: Bert Collins, 140 Cedar household goods as defined by the Com­ U.S. Highway 21 to Dover, Ohio; (j) Street, New York, N.Y. 10006. Author­ mission, commodities in bulk, commod­ from Coshocton over U.S. Highway 36 ity sought to operate as a contract car­ ities requiring special equipment, and through West Lafayette, Ohio, to Den­ rier, by motor vehicle, over irregular those injurious or contaminating to nison, Ohio; and (k) from West Lafay­ routes, transporting: Such merchandise other lading), from Columbus, Ohio, to ette over Ohio Highway 93 to Shanes­ as is dealt in by wholesale and retail La Place, HI., points in that part of ville, with service at Cleveland restricted grocery houses (except in bulk), from Hlinois bounded by a line beginning at for purpose of joinder only. Note : Ap­ Totowa Borough (Passaic County), N.J., the Mississippi River and extending plicant states it is presently authorized to points in Orange, Rockland, Putnam, along U.S. Highway 36 to La Place, 111., to provide the above service by oper­ Dutchess, Ulster, and Sullivan Coun­ thence along Illinois Highway 32 to ating through Columbus, Zanesville, or ties, N.Y., and refused or damaged items, Effingham, 111., thence along U.S. High­ Newcomerstown, Ohio. The purpose of on return, under a continuing contract or way 45 to Brookport, HI., thence along the requested authority is to eliminate contracts with Filigree Foods, Inc., of the Ohio River to the Mississippi River, yndhurst, N J . Note: If a hearing is the necessity of operating through thence along the Mississippi River to the Columbus, Zanesville, or Newcomers -

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20 1967 6236 NOTICES town, Ohio. Common control may be TRUCKING CORPORATION, 1500 Or- transporting: General commodities (ex­ involved. If a hearing is deemed neces­ enda Road, Post Office Box 7182, Mem­ cept those of unusual value, classes sary, applicant requests it be held at phis, Tenn. 38107. Applicant’s repre­ A and B explosives, household goods as Cleveland, Ohio, or Chicago, 111. sentative: Charles H. Hudson, Jr., 833 defined by the Commission, commodities No. MC 61396 (Sub-No. 185) (Amend­ Stahlman Building, Nashville, Tenn. in bulk, commodities requiring special 37201. Authority sought to operate as a equipment), between points in Indiana ment), filed March 27, 1967, published County, Pa., on the one hand, and, on Federal Register issue of April 13, 1967, common carrier, by motor vehicle, over amended and republished as amended irregular routes, transporting: Inciner­ the other, points in Ohio and the Lower this issue. Applicant: HERMAN BROS., ators, knocked down, and accessories, Peninsula of Michigan. Note : If a hear­ INC., 2501 North 11th Street, Omaha, therefor, including blow pipe, from Mem­ ing is deemed necessary, applicant re­ Nebr. 68102. Applicant’s representative: phis, Tenn., and points in its commercial quests it be held at Indiana or Harris­ Donald L. Stem, 630 City National Bank zone, to points in Arkansas, Louisiana, burg, Pa. Building, Omaha, Nebr. 68102. Author­ Kentucky, Texas, Florida, South Caro­ No. MC 79135 (Sub-No. 37), filed April ity sought to operate as a common car­ lina, Virginia, Mississippi, Missouri, 6, 1967. Applicant: COSSITT MOTOR rier, by motor vehicle, over irregular Oklahoma, Georgia, North Carolina, and EXPRESS, INC., 63 Kendrick Avenue, routes, transporting: Anhydrous am­ Alabama (except Birmingham and points Hamilton, N.Y. Applicant’s representa­ monia in bulk, in tank vehicles, from the within 65 miles thereof). Note: Appli­ tive: George A. Olsen, 69 Tonnele Av­ plantsite (storage facility) of Armour cant states that no duplicating author­ enue, Jersey City, N.J. 07306. Authority Agricultural Chemical Co. near Bellevue ity is being sought. If a hearing is sought to operate as a common carrier, (Jackson County), Iowa, to points in deemed necessary, applicant requests it by motor vehicle, over irregular routes, Iowa, Kansas, Nebraska, South Dakota, be held at Memphis, Tenn. transporting: Merchandise, equipment Minnesota, North Dakota, Wisconsin, No. MC 75406 (Sub-No. 29) filed March and supplies, sold, used by, or useful in 30, 1967. Applicant: SUPERIOR FOR­ the sale and promotion of a door-to-door Illinois, Indiana, Michigan, and Mis­ merchandising operation, between points souri. Note: The purpose of this repub­ WARDING COMPANY, INC., 26 South lication is to show the commodity de­ Fourth Street, St. Louis, Mo. 63118. Ap­ in New Jersey, on the one hand, and, on scription as in tank vehicle in lieu of in plicant’s representative: G. M. Reoman, the other, Rye, N.Y. Note: If a hearing tank trucks. If a hearing is deemed 1230 Boatmen’s Bank Building, St. Louis, is deemed necessary, applicant requests necessary, applicant requests it be held Mo. 63117. Authority sought to operate it be held at New York, N.Y., or Wash­ at St. Louis, Mo. as a common carrier, by motor vehicle, ington, D.C. No. MC 64932 (Sub-No. 431), filed over regular routes, transporting: Classes No. MC 79496 (Sub-No. 4), filed April March 28, 1967. Applicant: ROGERS A and B explosives and general commod­ 6, 1967. Applicant: WHITE STAR VAN CARTAGE CO., a corporation, 1439 West ities (except those of unusual value, and AND STORAGE, INC., 3324 Smith Street, 103d Street, Chicago, 111. 60643. Appli­ except livestock, household goods as de­ Everett, Wash. Applicant’s representa­ cant’s representative: Carl L. Steiner, 39 fined by the Commission, commodities in tive: George R. LaBissoniere, 920 Logan South La Salle Street, Chicago, 111. 60643. bulk, commodities requiring special Building, Seattle, Wash. 98101. Author­ Authority sought to operate as a com­ equipment, and those injurious or con­ ity sought to operate as a common car­ mon carrier, by motor vehicle, over ir­ taminating to other lading), (1) between rier, by motor vehicle, over irregular regular routes, transporting: Liquid Jonesboro and Blytheville, Ark., from routes, transporting: Used household chemicals, in bulk, in tank vehicles, Jonesboro, over Arkansas Highway 18 goods, between points in Washington. from Charleston, W. Va., to points in to Blytheville, and (2) between Jones­ Note: If a hearing is deemed necessary, Arkansas, Colorado, Illinois, Indiana, boro and Osceola, Ark., from Jonesboro, applicant requests it be held at Seattle, over Arkansas Highway 18 to junction Wash. Iowa, Kansas, Michigan, Minnesota, Mis­ No. MC 80428 (Sub-No. 62), filed April souri, Ohio, and Wisconsin. Note: Ap­ Arkansas Highway 135, thence over Ar­ plicant states that the purpose of this kansas Highway 135 to junction Arkan- „ 6, 1967. Applicant: McBRIDE TRANS­ application is to eliminate the gateway sas Highway 136, thence over Arkansas PORTATION, INC., Goshen, N.Y. Appli­ of FerndaJe, Mich. If a hearing is Highway 136 to junction Arkansas High­ cant’s representative: Robert V. Gian- way 140, thence over Arkansas Highway niny, 900 Midtown Tower, Rochester, deemed necessary, applicant requests it N.Y. 14604. Authority sought to operate be held at Chicago, HI. 140 to Osceola, and return over the same routes as alternate routes for operating as a common carrier, by motor vehicle, No. MC 64932 (Sub-No. 432), filed over irregular routes transporting: ( ) April 5, 1967. Applicant: ROGERS convenience only in connection with ap­ 1 plicant’s presently held authority, serv­ Yeast Fermo-30 in bulk in stainless steel CARTAGE CO., a corporation, 1439 West tank vehicles, from Paterson, N.J., to 103d Street, Chicago, HI. 60643. ■ Appli­ ing no intermediate points in (1) and (2) above. Note: If a hearing is deemed Syracuse, N.Y., and (2) brewery yeast cant’s representative: Carl Steiner, 39 slurrey in bulk in stainless steel tank South La Salle Street, Chicago, HI. 60643. necessary, applicant requests it be held at Authority sought to operate as a com­ St. Louis, Mo., or Little Rock, Ark. vehicles, from Albany, Utica, and Roch­ mon carrier, by motor vehicle, over ir­ No. MC 75981 (Sub-No. 8), filed April 3, ester, N.Y., Providence, R.I., and Pitts­ regular routes, transporting: Hydraulic 1967. Applicant: WATT TRANSPORT, burgh, and Philadelphia, Pa., to Pater­ INC., 115 Army Road, Providence, son, N.J. Note: If a hearing is deemed system fluid, in bulk, in tank vehicles, necessary, applicant requests it be held from Bedford and Kokomo, Ind., and R.I. 02905. Applicant’s representative: Pontiac, Mich., to points in St. Charles Russell B. Cumett, 36 Circuit Drive, at Washington, D.C. -County, Mo. Note: If a hearing is Edgewood Station, Providence, R.1.02905. No. MC 83539 (Sub-No. 204) (Repub- deemed necessary, applicant requests it Authority sought to operate as a com­ lication), filed February 6, 1967, pub­ be held at St. Louis, Mo., or Chicago, 111. mon carrier, by motor vehicle, over ir­ lished F e d e r a l R e g is t e r , issue of Febru­ No. MC 64932 (Sub-No. 433), filed April regular routes, transporting: Pig iron, ary 24, 1967, and republished this issue. 5, 1967. Applicant: ROGERS CART­ in bulk, in dump-type vehicles, from Applicant: C & H TRANSPORTATION AGE CO., a corporation, 1439 West 103d Providence, R.I., to points in Connecticut, CO., INC., 1935 West Commerce Street, Street, Chicago, 111. 60643. Applicant’s Maine, Massachusetts, New Hampshire, Dallas, Tex. 75222. Applicant’s rep­ representative: Edward G. Bazelon, 39 Rhode Island, and Vermont. Note: If resentative: W. T. Brunson, 419 North­ South La Salle Street, Chicago, 111. a hearing is deemed necessary, applicant west Sixth Street, Oklahoma City, 60643. Authority sought to operate as requests it be held at Providence, R.I., Okla. 73102. Authority sought to op­ a common carrier, by motor vehicle, over or New York, N.Y. erate as a common carrier, by motor irregular routes, transporting: Silica gel No. MC 78118 (Sub-No. 16), filed vehicle, over irregular routes, trans­ catalyst, in bulk, from Paulsboro, N.J., to April 5, 1967. Applicant: W. H. JOHNS, porting: (1) The following iron or Alma and Bay City, Mich., and Pine INC., 35 Witmer Road, Lancaster, Pa. steel articles, in bales or bundles, weigh­ Bend, Minn. Note: If a hearing is 17602. Applicant’s representative: ing 2,000 pounds or more each, which deemed necessary, applicant requests it Christian V. Graf, 407 North Front require the use of special equipment: be held at Washington, D.C. Street, Harrisburg, Pa. 17101. Authority Plates, posts, angles, forms, sheets, No. MC 73688 (Sub-No. 19), filed April sought to operate as a common carrier, by rounds, channels, beams, ingots, piling, 6, 1967. Applicant: SOUTHERN motor vehicle, over irregular routes, billets, ..blooms, reinforcing rods, bars,

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6237 wire mesh, and pipe; from Baytown, sippi, Alabama, Louisiana, Georgia, Flor­ mon carrier, by motor vehicle, over ir­ Beaumont, Brownsville, Corpus Christ!, ida, South Carolina, and North Carolina, regular routes, transporting: Animal and Eagle Pass, Freeport, Galveston, Hidalgo, under contract with Tenneco Manufac­ poultry feed, in bulk, from the village of Houston, Laredo, Orange, Port Arthur, turing Co. N o t e : If a hearing is deemed Chatham, Columbia County, N.Y., to Port Isabel, Presidio and Victoria, Tex., necessary, applicant requests it be held to points in Arkansas, Louisiana, New points in Connecticut, Massachusetts, at Washington, D.C. and Vermont. N o t e : If a hearing is Mexico, Oklahoma, and Texas, and (2) No. MC 89723 (Sub-No. 48), filed April deemed necessary, applicant requests it the following iron or steel articles, weigh­ 7, 1967. Applicant: MISSOURI PA­ be held at Albany, N.Y. ing 2,000 pounds or more, which require CIFIC TRUCK LINES, INC., 210 North No. MC 102567 (Sub-No. 119) (Repub­ the use of special equipment: Sheets, 13th Street, St. Louis, Mo. 63103. Appli­ beams, plates, and coils, from Baytown, lication) filed February 27, 1967, pub­ cant’s representative: Robt. S. Davis lished in the F ederal R e g ist e r issues of Beaumont, Brownsville, Corpus Christi, (same address as applicant). Applicant March 23,1967, April 5, 1967, and repub­ Eagle Pass, Freeport, Galveston, Hidalgo, is presently authorized in its regular lished this issue. Applicant: EARL Houston, Laredo, Orange, Port Arthur, route authority certificate MC 89723 Sub GIBBON TRANSPORT, INC., 235 Ben­ Port Isabel, Presidio, and Victoria, Tex., 14 to transport general commodities, ton Road, Post Office Drawer 5357, Bos­ to points in Texas. N o t e : If a hearing moving in express, between points in Ark­ sier City, La. 71010. Applicant’s repre­ is deemed necessary, applicant requests ansas, Tennessee, Louisiana, and Mis­ sentative: Jo E. Shaw, 641 Bettes Build­ it be held at Dallas or Houston, Tex. souri, and return over the same routes ing, Houston, Tex. 77002. Authority Special footnote: The above republica­ tion reflects the scope of the application subject to certain key point restrictions sought to operate as a common carrier, as filed by applicant, and may include as contained in No. MC 89723 Sub 14. by motor vehicle, over irregular routes, N o t e : The purpose of this application is transporting: Acids and chemicals, in­ descriptions, restrictions, or limitations, to remove Gurdon, Ark., and Texarkana, cluding anhydrous ammonia, and petro­ which are not in a form acceptable to Ark.-Tex. as key points, but subject to leum and petroleum products, in bulk, in the Commission. The special notice set the remaining key point restrictions and tank vehicles, from the plantsite of forth above applies with respect to this other restrictions in said certificate. Ap­ Monsafito Co., at or near Luling, La., to republication in the same manner as plicant is a wholly owned subsidiary of points hr the United States (excluding initial publications. Authority which ul­ the Missouri Pacific Railroad Co. If a Alaska and Hawaii). Except: (l) petro­ timately may be granted as a result of hearing is deemed necessary, applicant leum and petroleum products (not in­ the application here noticed will not nec­ requests it be held at Little Rock, Ark., cluding anhydrous ammonia), to points essarily reflect the phraseology set forth or Texarkana, Ark.-Tex. in Utah, Arizona, Wyoming, Colorado. in the application as filed, but also will eliminate any restrictions which are not No. MC 98088 (Sub-No. 17) filed April New Mexico, Oklahoma, Texas, Iowa, 5, 1967. Applicant: LINDLEY TRUCK­ Missouri, Arkansas, Wisconsin, Illinois, acceptable to the Commission. Michigan, Indiana, Kentucky, Tennes­ No. MC 87720 (Sub-No. 61), filed ING SERVICE, INC., 1701 Grand Ave­ nue, Granite City, 111. Applicant’s rep­ see, Ohio, Alabama, Georgia, West Vir­ March 30, 1967. Applicant: BASS resentative: Dale Woodall, 900 Memphis ginia, North Carolina, South Carolina, TRANSPORTATION CO., INC., Old Florida, and Virginia; and (2) acids and Croton Road, Flemington, N.J. 08822. Bank Building, Memphis, Tenn. 38103. Authority sought to operate as a common chemicals, to points in Texas. N o t e : Applicant’s representative: Bert Collins, carrier, by motor vehicle, over irregular Applicant states that the above proposed 140 Cedar Street, New York, N.Y. 10006. routes, transporting: Iron and steel and operations will be restricted to traffic Authority sought to operate as a contract iron and steel articles, between Alton, HI., originating at plantsite of Monsanto Co., carrier, by motor vehicle, over irregular and the St. Louis, Mo., commercial zone at or near Luling, La., and destined to routes, transporting: Hard surface floor on the one hand, and, on the other, points in the United States (excluding coverings, and incidental materials and points in Arkansas, Illinois, Indiana! Alaska and Hawaii). The purpose of supplies, used in connection with the in­ this republication is to delete the hearing stallation or laying thereof, when moving Kentucky, Missouri, Tennessee, and Wis­ consin. N o t e : Applicant indicates tack­ information which was April 17, 1967, in the same vehicle therewith, plastic ing at Granite City, 111., to serve points and now has been canceled. If a hearing garden hose when moving in the same in Iowa. If a hearing is deemed neces­ is deemed necessary, applicant requests vehicle with the hard surface floor cov­ sary, applicant requests it be held at it be held at New Orleans, La., or Shreve­ erings, from the plant and warehouse St. Louis, Mo. port, La. sites of American Biltrite Rubber Co., No. MC 103378 (Sub-No. 325) filed Inc., located at La Mirada, Calif., to No. MC 100666 (Sub-No. 97) filed April 4, 1967. Applicant: MELTON March 30, 1967. Applicant: PETRO­ points in Texas, Idaho, North Dakota, LEUM CARRIER CORPORATION, 611 South Dakota, Nebraska, Kansas, and TRUCK LINES, INC., Box 7295, Shreve­ port, La. 71107. Applicant’s representa­ South 28th Street, Milwaukee, Wis. 53246. Oklahoma, and returned shipments, on tive : Wilburn L. Williamson, 450 Ameri­ Applicant’s representative: Richard H. return, under contract with American Prevette (same address as applicant). Biltrite Rubber Co., Inc. Restriction: can National Building, Oklahoma City, Okla. 73102. Authority sought to oper­ Authority sought to operate as a common The service authorized herein is subject carrier, by motor vehicle, over irregular to the following conditions. The opera­ ate as a common carrier, by motor ve­ hicle, over irregular routes, transporting: routes, transporting: Liquid alum, from tions authorized herein are limited to a Cedar Springs, Ga., to points in Alabama transportation service to be performed, Plastic pipe, tubing, conduit, valves, and fittings, compound joint sealer, bonding and Florida. N o t e : Applicant states it under continuing contract, or contracts, intends to tack at Cedar Springs, Ga., with American Biltrite Rubber Co., Inc., cement, and accessories and hand tools used in the installation of such products, to provide service from Femandina and said operations are restricted against Beach, Fla., to points in Alabama. If a the transportation of any of the com­ from Mount Vernon, Tex., to points in Alabama, Arkansas, Kansas, Louisiana, hearing is deemed necessary, applicant modities described, in bulk. Note: If a requests it be held at Wilmington, N.C. hearing is deemed necessary, applicant Mississippi, Missouri, Nebraska, New or Atlanta, Ga. requests it be held at Washington, D.C. Mexico, Oklahoma, and . Tennessee N o t e : Applicant states it could tack at No. MC 103880 (Sub-No. 384) filed No. MC 87720 (Sub-No. 62), filed April Little Rock, Ark., or Oklahoma City, April 3, 1967. Applicant: PRODUCERS 10, 1967. Applicant: BASS TRANS­ Okla., with its pending authority in MC TRANSPORT, INC., 215 East Waterloo PORTATION CO., INC., Old Croton 100666 Subs 76, 78, and 84. If a hearing Road, Akron, Ohio 44306. Applicant’s Road, Flemington, N.J. 08822. Appli­ is deemed necessary, applicant requests representative: Carl L. Steiner, 39 South cant’s representative: Bert Collins, 140 it be held at Shreveport, La., Oklahoma La Salle Street, Chicago, 111. 60603. Au­ Cedar Street, New York, N.Y. 10006. Au­ City, Okla., or Dallas, Tex. thority sought to operate as a common thority sought to operate as a con­ No. MC 101868 (Sub-No. 3) filed April carrier, by motor vehicle, over irregular tract carrier, by motor vehicle, over ir­ 5, 1967. Applicant: EARLE M. GARD­ routes, transporting: Diammonium regular routes, transporting: Synthetic NER, Box 255, Pine Plains, N.Y. Appli­ phosphate, in bulk, in tank vehicles, (1) resin, dry, in bulk and in bags, from cant’s representative: John J. Brady, from Riverdale, 111., to points in Indiana, Flemington and Burlington, N.J., to Jr., 75 State Street, Albany, N.Y. 12207! Michigan, Ohio, and Wisconsin, and (2)' Points in Kentucky, Tennessee, Missis- from Des Moines and Dubuque, Iowa, to Authority sought to operate as a com- points in Illinois, Wisconsin, North Da- FED ERAL S EGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 2<), 1 9 6 7 6238 NOTICES kota, South Dakota, Kansas, Nebraska, over irregular routes, transporting: Dry No. 108119 (Sub-No. 18), filed March Minnesota, and Missouri. Note: If a silica gel catalyst, in bulk, in tank or hop­ 27, 1967. Applicant: E. L. MURPHY hearing is deemed necessary, applicant per vehicles, from the site of the Mobil TRUCKING CO., a corporation, 2330 requests it be held at Chicago, HI. Oil Corp. refinery at or near Paulsboro, West County Road C, St. Paul, Minn. No. MC 104896 (Sub-No. 23), filed N.J., to Alma and Bay City, Mich. Note: 55113. Applicant’s representative: Don­ March 31, 1967. Applicant: WOMEL- If a hearing is deemed necessary, appli­ ald A. Morken, 1000 First National Bank DORF, INC., Post Office Box 232, Lewis- cant requests it be held at Washington, Building, Minneapolis, Minn. 55402. town, Pa. 17044. Applicant’s repre­ D.C. Authority sought to operate as a com­ sentative: James E. Wilson, 1735 K No. MC 107496 (Sub-No. 550), filed mon carrier, by motor vehicle, over irreg­ Street NW., Washington, D.C. 20006. March 24, 1967. Applicant: RUAN ular routes, transporting: (1) Heat ex­ Authority sought to operate as a com­ TRANSPORT CORPORATION, Keo- changers, or equalizers for air, gas, or mon carrier, by motor vehicle, over ir­ sauqua Way at Third, Post Office Box liquids, (2) equipment and machinery for regular routes, transporting: Fertilizer, 855, Des Moines, Iowa 50304. Applicant’s heating and cooling, conditioning, hu­ fertilizer materials, insecticides, and representative: H. L. Fabritz (same ad­ midifying, and dehumidifying, and (3) pesticides, and related advertising ma­ dress as applicant). Authority sought parts, attachments, and accessories for terials, when moving at the same time, to operate as a common carrier, by motor use in connection with the installation from Windsor, N.J., and points within .vehicle, over irregular routes, transport­ and use of the commodities described in 5 miles thereof to points in Erie, Orleans, ing: Fertilizer and fertilizer ingredients, (1) and (2) above, from the plantsites Monroe, Genesee, and Alleghany Coun­ (1) from Kansas City, Mo., to points in and warehouse facilities of Trane Co. ties, N.Y. Note: If a hearing is deemed Kansas, Nebraska, Missouri, and Iowa, located in Montgomery County, Tenn., necessary, applicant requests it be held (2) from Cairo, 111., to points in Illinois, Fayette County, Ky., and La Crosse Coun­ at Philadelphia, Pa. Missouri, Kentucky, Tennessee, and In­ ty, Wis., to points in the United States No. MC 107002 (Sub-No. 325) (Amend­ diana, and (3) from Louisville, Ky., to except Alaska, and Hawaii. Note: If a ment) , filed July 21, 1966, published in points in Kentucky, Illinois, Indiana, and hearing is deemed necessary, applicant Federal Register issues of August 18, Ohio. Note: Common control may be requests it be held at Chicago, HI. 1966, and March 22, 1967, amended involved. If a hearing is deemed neces­ No. MC 108207 (Sub-No. 217), filed March 30, 1967, and republished as sary, applicant requests it be held at St. April 6, 1967. Applicant: FROZEN amended this issue. Applicant: Paul, Minn., Chicago, 111., and Des FOOD EXPRESS, a corporation, 318 HEARIN-MILLER TRANSPORTERS, Moines, Iowa. Cadiz Street, Dallas, Tex. 75222. Ap­ INC., Post Office Box 1123, Jackson, Miss. No. MC 107496 (Sub-No. 551), filed plicant’s representative: J. B. Ham, 318 Applicant’s representative: E. Stephen March 24, 1967. Applicant: RUAN Cadiz Street, Post Office Box 5888, Dallas, Heisley, 529 Transportation Building, TRANSPORT CORPORATION, Keo- Tex. 75222. Authority sought to oper­ Washington, D.C. 20006. Authority sauqua Way at Third, Post Office Box ate as a common carrier, by motor ve­ sought to operate as a common carrier, 855, Des Moines, Iowa 50304. Appli­ hicle, over irregular routes, transporting: by motor vehicle, over irregular routes, cant’s representative: H. L. Fabritz Foodstuffs, from Memphis, Tenn., and transporting: Acids and chemicals in­ (same address as applicant). Authority points in its commercial zone, to points cluding anhydrous ammonia, and pe­ sought to operate as a common carrier, in M ississippi. Note: If a hearing is troleum and petroleum products, in bulk, by motor vehicle, over irregular routes, deemed necessary, applicant requests i t in tank vehicles, from the plantsite of transporting: Fertilizer and fertilizer in­ be held at Memphis, Tenn., or Dallas, Monsanto Co. at or near Luling, La., to gredients, from points in Scott County, Tex. points in the United States (except Minn., to points in Illinois, Iowa, Michi­ No. MC 108449 (Sub-No. 256), filed Alaska and Hawaii). Restriction: (1) gan, Minnesota, Nebraska, North Da­ April 5, 1967. Applicant: INDIANHEAD The authority is restricted to traffic kota, South Dakota, and Wisconsin. TRUCK LINE, INC., 1947 West County originating at Luling, La., and destined Note: Common control may be involved. Road C, St. Paul, Minn. 55113. Appli­ to the States named, and (2) the author­ If a hearing is deemed necessary, appli­ cant’s representative: Adolph J. Bieber- ity is restricted against the transporta­ cant requests it be held at St. Paul, Minn., stein, 121 West Doty Street, Madison, tion of spent catalyst and barite ore Chicago, 111., and Des Moines, Iowa. Wis. 53703. Authority sought to oper­ (barytes) to points in Texas. Note: No. MC 107496 (Sub-No. 555), filed ate as a common carrier, by motor ve­ The purpose of this repubhcation is to March 30, 1967. Applicant: RUAN hicle, over irregular routes, transporting: eliminate tacking and interlining, and TRANSPORT CORPORATION, Keosau- (1) Liquid fertilizer, fertilizer ingredi­ delete the hearing information which qua Way at Third, Post Office Box 855, ents, and fertilizer solutions, in bulk, was April 17, 1967, and has now been Des Moines, Iowa 50304. Applicant’s rep­ from Moorhead, Minn., to points in canceled. If ,a hearing is deemed neces­ resentative: H. L. Fabritz (same address North Dakota, South Dakota, and Min­ sary, applicant requests it be held at as applicant). Authority sought to op­ nesota, and (2) Liquid fertilizer, in bulk, New Orleans, La., or Washington, D.C. erate as a common carrier, by motor ve­ in tank vehicles, from Savage, Minn., to No. MC 107012 (Sub-No. 67), filed hicle, over irregular routes, transporting: points in Iowa, Minnesota, North Da­ April 3, 1967. Applicant: NORTH Salt, in bulk, from Minneapolis and kota, South Dakota, Upper Peninsula of AMERICAN VAN LINES, INC., Post Of­ points in Minneapolis-St. Paul, Minn., Michigan, and Wisconsin. Note: If a fice Box 988, Fort Wayne, Ind. 46801. commercial zone, to points in Minnesota hearing is deemed necessary, applicant Applicant’s representative: Martin A. and Wisconsin.' Note: Common control requests it be held at Chicago, 111., or Weissert (same address as applicant). may be involved. If a hearing is deemed Minneapolis, Minn/ Authority sought to operate as a common necessary, applicant requests it be held No. MC 108449 (Sub-No. 257), filed carrier, by motor vehicle, over irregular at Kansas City, Kans., Kansas City, Mo., April 5, 1967. Applicant: INDIAN- routes, transporting: Store fixtures, un­ and Omaha, Nebr. HEAD TRUCK LINE, INC., 1947 West crated, from Salt Lake City, Utah, to No. 107496 (Sub-No. 556), filed County Road C, St. Paul, Minn. 55113. points in Washington, Oregon, Califor­ March 30, 1967. Applicant: RUAN Applicant’s representative: Adolph J. nia, Idaho, Montana, Wyoming, Nevada, TRANSPORT CORPORATION, Keosau- Bieberstein, 121 West Doty Street, Madi­ Colorado, Arizona, New Mexico, Kansas, qua Way at Third, Post Office Box 855, son, Wis. 53703. Authority sought to and Nebraska. Note: If a hearing is Des Moines, Iowa 50304. Applicant’s operate as a common carrier, by motor deemed necessary, applicant requests it representative: H. L. Fabritz (same ad­ vehicle, over irregular routes, transport­ be held at Salt Lake City, Utah, or Wash­ dress as applicant). Authority sought to ing: Anhydrous ammonia, in bulk, from ington, D.C. operate as a common carrier, by motor the plantsite (storage facility) of Armour No. MC 197403 (Sub-No. 712), filed vehicle, over irregular routes, transport­ Agricultural Chemical Co., located at March 28, 1967. Applicant: MATLACK, ing: Liquid fertilizers, in bulk, from Mil- Jackson County, near Bellevue, Iowa, to INC., 10 West Baltimore Avenue, Lans- ton Junction (Milton), Wis., and 5 miles points in Iowa, Kansas, Nebraska, South downe, Pa. 19050. Applicant’s repre­ thereof, to points in Illinois. Note: If Dakota, Minnesota, North Dakota, Wis­ sentative: C. W. Zook (same address as a hearing is deemed necessary, appli­ applicant). Authority sought to operate cant requests it be held at Madison, Wis., consin, Hlinois, Indiana, Michigan, and as a common carrier, by motor vehicle, Chicago, 111., or Des Moines, Iowa. Missouri. Note: If a hearing is deemed

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6239 necessary, applicant requests it be held consin. Note: Applicant states that the Maine, New Hampshire, and Vermont, at St. Louis, Mo., or Chicago, 111. above operations will be restricted to restricted to traffic having an immedi­ No. MC 109637 (Sub-No. 318), filed traffic originating at plantsites of Com­ March 24,1967. Applicant: SOUTHERN ately prior or immediately subsequent mercial Solvent Corp., at or near Ster­ movement by air; (11) between St. Louis, TANK LINES, INC., 4107 Bells Lane, lington, La., and destined to above- Mo., on the one hand, and, on the other, Louisville, Ky. 40211. Authority sought named States. If a hearing is deemed points in Missouri (except points in Cape to operate as a common carrier, by motor necessary, applicant requests it be held at Girardeau, Miss., Scott, Stoddard, New vehicle, over irregular routes, transport­ Little Rock, Ark., or Shreveport, La. Madrid, and Butler Counties), restricted ing: Coal tar and coal tar products, in No. MC 111401 (Sub-No. 219) filed to traffic having an immediately prior or bulk, in tank vehicles, from the plant- April 3,1967. Applicant: GROENDYKE immediately subsequent movement by site and storage facilities used by West­ TRANSPORT, INC., 2510 Rock Island air; (12) between Kansas City, Mo., on ern Tar Products Corp. at or near Terre Boulevard, Enid, Okla. 73701, also Post the one hand, and, on the other, points Haute, Ind., to Cincinnati, Ohio. Note: Office Box 632, Enid, Okla. Authority in Missouri and Hlinois, restricted to Applicant states no possibility of tacking sought to operate as a common carrier, traffic having an immediately prior or to other authority at this time, but much by motor vehicle, over irregular routes, immediately subsequent movement by prefer to avoid the encumbrance of a transporting: Liquid fertilizer, in bulk, in air; (13) between Charlotte, N.C., on the no-tacking provision, if possible. Com­ tank vehicles, from Leavenworth, Kans., one hand, and, on the other, points in mon control may be involved. If a hear­ to points in Iowa, Kansas, Missouri, and North Carolina and South Carolina, ing is deemed necessary, applicant re­ Nebraska. N ote : If a hearing is deemed restricted to traffic having an immedi­ quests it be held at Indianapolis, Ind., or necessary, applicant requests it be held Louisville, Ky. ately prior or immediately subsequent at Chicago, 111., or St. Louis, Mo. movement by air; (14) between Pitts­ No. MC 109637 (Sub-No. 319), filed No. MC 111729 (Sub-No. 221), filed burgh, Pa., on the one hand, and, on the April 3, 1967. Applicant: SOUTHERN March 24, 1967. Applicant: AMERI­ other, points in Pennsylvania, Ohio, and TANK LINES, INC., 4107 Bells Lane, CAN COURIER CORPORATION, 222- West Virginia, restricted to traffic having Louisville, Ky. 40211. Applicant’s rep­ 17 Northern Boulevard, Bay side, N.Y. resentative: H. N. Nunnally (same ad­ an immediately prior or immediately 11361. Applicant’s representative: Rus­ subsequent movement by air; (15) be­ dress as applicant). Authority sought to sell S. Bernhard, 1625 K Street NW, tween Cleveland, and Cincinnati, Ohio, operate as a common carrier, by motor Washington, D.C. 20006. Authority on the one hand, and, on the other, vehicle, over irregular routes, transport­ sought to operate as a common carrier, points in Ohio, restricted to traffic hav­ ing: Refined vegetable oil, in bulk, in by motor vehicle, over irregular routes; ing an immediately prior or immediately tank ^vehicles, from Louisville, Ky., to transporting: Radio-pharmaceuticals, subsequent movement by air; (16) be­ Tulsa, Okla., and Irving, Tex. Note’: If radioactive drugs, and medical isotopes, tween Dallas, Tex., on the one hand, and, a hearing is deemed necessary, appli­ limited to shipments not to exceed 50 on the other, points in Oklahoma, re­ cant requests it be held at Washington pounds per shipment, (1) between North D.C. stricted to traffic having an immediately Chicago, HI., on the one hand, and, on prior or immediately subsequent move­ No. MC 110420 (Sub-No. 539), filed the other, points in Indiana, Iowa, Michi­ ment by air; (17) between Nashville, April 3, 1967. Applicant: QUALITY gan, and Wisconsin; (2) between Bir­ Tenn., on the one hand, and, on the CARRIERS, INC., 100 South Calumet mingham, Ala., on the one hand, and, on other, points in Tennessee, restricted to Street, Burlington, Wis. 53105. Appli­ the other, points in Alabama, restricted traffic having an immediately prior or cant’s representative: Allan B. Torhorst to traffic having an immediately prior immediately subsequent movement by (same address as applicant). Authority or immediately subsequent movement by air. (18) between Washington, D.C. and sought to operate as a common carrier, air; (3) between Memphis, Tenn., on the Richmond, Va., on the one hand, and, by motor vehicle, over irregular routes, one hand, and, on the other, points in on the other, points in Virginia; (19) transporting: Diammonium phosphate, Mississippi, Tennessee, and Arkansas, between Dallas Airport, Tex., on the one (1) from Riverdale, 111., to points in Illi­ restricted to traffic having an immedi­ hand, and, on the other, Fort Worth, nois, Indiana, Michigan, Ohio, and Wis­ ately prior or immediately subsequent Tex., restricted to traffic having an im­ consin; (2) Des Moines and Dubuque, movement by air; (4) between New Iowa, to points in Iowa, Illinois, Wiscon­ mediately prior or immediately subse­ York, N.Y., on the one hand, and, on the quent movement by air; and (20) be­ sin, North Dakota, South Dakota, Ne­ other, points in New York, Connecticut, tween San Antonio and Houston Air­ braska, Kansas, Minnesota, and Mis­ and New Jersey, restricted to traffic hav­ souri; and (3) Depue, ., to points in ports, Tex., on the one hand, and, on 111 ing an immediately prior or immediately the other, points in Texas, restricted to Illinois, Wisconsin, North Dakota, South subsequent movement by air; (5) be­ traffic having an immediately prior or Dakota, Nebraska, Kansas, Minnesota, tween Philadelphia, Pa., on the one hand, Missouri, Michigan, Ohio, Indiana, and immediately subsequent movement by and, on the other, points in Delaware, air. N ote: Applicant indicates tacking Iowa. Note: If a hearing is deemed nec­ New Jersey, Maryland, and Virgina, re­ possibilities with its presently held au­ essary, applicant requests it be held at stricted to traffic having an imme­ Chicago, 111. thority. Applicant also holds contract diately prior or immediately subsequent carrier authority under MC 112750 and No. MC 111170 (Sub-No. 118) filed movement by air; (6) between Fort March 27, 1967. Applicant: WHEEL­ subs thereunder, therefore, dual opera­ Lauderdale and Miami, Fla., on the one tions may be involved. If a hearing is ING PIPE LINE, INC., Post Office Box hand, and, on the other, points in Flor­ 1718, El Dorado, Ark. 71730. Applicant’s deemed necessary, applicant requests ida, restricted to traffic having an im­ it be held at Chicago, HI., or St. Louis representative: Fred Worsham (same mediately prior or immediately subse­ Mo. address as applicant). Authority sought quent movement by air; (7) between to operate as a common carrier, by motor Atlanta, Ga., on the one hand, and, on •i r— — mu;, i u e a vehicle, over irregular routes, transport­ Apnl 5, 1967. Applicant: McKENZIE the other, points in Georgia, restricted TANK LINES, INC., New Quincy Road, ing: Liquid acids and chemicals and pe­ to traffic having an immediately prior or troleum products, in bulk (except liquid Post Office Box 1200, Tallahassee, Fla. immediately subsequent movement by 32202. Applicant’s representative: Sol oxygen, nitrogen, and hydrogen and ex­ air; (8) between Louisville, Ky., on the cept liquefied petroleum gases to points H. Proctor, 1730 American Heritage Life one hand, and, on the other, points in Building, Jacksonville, Fla. 32202. Au­ In Arkansas, Louisiana, and Texas within Kentucky, restricted to traffic having an 150 miles of Henderson, Tex.), from thority sought to operate as a common immediately prior or immediately sub­ carrier, by motor vehicle, over irregular Sterlington, La., to points in Alabama, sequent movement by air; (9) between Arkansas, Delaware, Florida, Georgia, Il­ routes, transporting: Anhydrous am­ New Orleans, La., on the one hand, and, monia, in bulk, from Occidental, Fla., linois, Indiana, Iowa, Kansas, Kentucky, on the other, points in Louisiana, re­ Louisiana, Maryland, Michigan, Missis­ to points in Alabama, Florida, and stricted to traffic having an immediately Georgia. N ote: If a hearing is deemed sippi, Missouri, New Jersey, New York, prior or immediately subsequent move­ North Carolina, Ohio, Oklahoma, Penn­ necessary, applicant requests it be held ment by air. at Jacksonville or Tallahassee Fla sylvania, South Carolina, Tennessee, (10) Between Boston, Mass., on the Texas, Virginia, West Virginia, and Wis­ No. MC 112801 (Sub-No. 68), 'filed one hand, and, on the other, points in April 5, 1967. Applicant: TRANSPORT

FEDERAL REGISTER, VOL 32, NO. 76— THURSDAY, APRIL 20 1967 6240 NOTICES SERVICE CO., a corporation, 5100 West 39 South La Salle Street, Chicago, HI. applicant requests it be held at Madison 41st Street, Chicago, HI. Applicant’s 60605: Authority sought to operate as or Milwaukee, Wis. representative: Robert H. Levy, 29 South a common carrier, by motor vehicle, over No. MC 115557 (Sub-No. 7), filed April La Salle Street, Chicago, 331. 60603. irregular routes, transporting: Oleomar­ 3, 1967. Applicant: CHARLES A. Mc- Authority sought to operate as a com­ garine, salad dressing, coconut oil, veg­ CAULEY, 308 Leasure Way, New Bethle­ mon carrier, by motor vehicle, over ir­ etable oil, cooking oil, shortening, stea- hem, P a .. Applicant’s representative: regular routes, transporting: Flour, in rine, stearate, mayonnaise, and related H. Ray Pope, Jr., 10 Grant Street, pneumatic tank vehicles, from Chicago, advertising matter when moving in ship­ Clarion, Pa. 16214. Authority sought to 111., to points in Michigan, Indiana, Wis­ ments with the specified commodities operate as a common carrier, by motor consin, and Ohio. Note: If a hearing (except in bulk in tank vehicles), from vehicle, over irregular routes, transport­ is deemed necessary, applicant requests the Columbus, Ohio to points in Con­ ing: (1) Dynamic loud speakers, not in it be held at Chicago, 111. necticut, Delaware, Maine, Maryland, cabinets, from points in Punxsutawney No. MC 113106 (Sub-No. 23), filed Massachusetts, Michigan, New Hamp­ Borough, Jefferson County, Pa., to Mil­ March 31, 1967. Applicant: THE BLUE shire, New Jersey, New York, Pennsyl­ waukee, Wis., and Nashua, N.H., with no DIAMOND COMPANY, a corporation, vania, Rhode Island, Vermont, Virginia, transportation for compensation on re­ 4401 East Falrmount Avenue, Baltimore, West Virginia and the District of Colum­ turn except as otherwise authorized; (2) Md. 21224. Applicant’s representative: bia. Note: If a hearing is deemed nec­ dynamic loud speakers (not in cabinets) Chester A. Zyblut, 1522 K Street NW., essary, applicant requests it be held at transformers, coils, or yokes used in tele­ Washington, D.C. 20005. Authority Columbus, Ohio. vision sets, from points in Punxsutawney sought to operate as a common carrier, No. MC 114045 (Sub-No. 273), filed Borough, Jefferson County, Pa., to by motor vehicle, over irregular routes, April 3,1967. Applicant: TRANS-COLD points in Arkansas, Connecticut, Hlinois, transporting: Empty glass containers in EXPRESS, INC., Post Office Box 5842, Indiana, Iowa, Massachusetts, Maryland, packages and empty cartons and parti­ Finley and Beet Line Road, Dallas, Tex. New Jersey, New York, North Carolina, tions, also articles used or useful in ship­ 75222. Authority sought to operate as a Tennessee, and Ohio (except Akron, ping of glass containers, empty pallets, common carrier, by motor vehicle, over Cleveland, Youngstown, and Warren), platforms, or skids, from Gloucester irregular routes, transporting: Acids and and refused shipments, on return; (3) City and Salem, N.J., to points in Dela­ chemicals, from New York, N.Y., to new furniture, crated and uncrated, from points in Texas. Note: If a hearing is points in Redbank Township, Clarion ware, Maryland, Virginia, and the Dis­ deemed necessary, applicant requests it County, Pa., to points in Delaware, Ken­ trict of Columbia, and refused and re­ tucky, and the Lower Peninsula or Michi­ turned shipments, on return. Note: If a be held at New York, N.Y., or Washing­ hearing is deemed necessary, applicant ton, D.C. gan. Note: If a hearing is deemed nec­ requests it be held at Washington, D.C. No. MC 114273 (Sub-No. 23), filed essary, applicant requests it be held at April 3, 1967. Applicant: CEDAR RAP­ Pittsburgh, Pa., or Washington, D.C. No. MC 113362 (Sub-No. 132), filed IDS STEEL TRANSPORTATION, INC., No. MC 115841 (Sub-No. 305), filed March 29, 1967. Applicant: ELLS­ Post Office Box 68,3930 16th Avenue SW., March 29, 1967. Applicant: COLONIAL WORTH FREIGHT LINES, INC., 220 Cedar Rapids, Iowa 52406. Applicant’s REFRIGERATED TRANSPORTATION, East Broadway, Eagle Grove, Iowa. Ap­ representative: Robert E. Konchar, INC., 1215 Bankhead Highway West plicant’s representative: Marshall D. Commerce Exchange Building, 2720 First 35204, Post Office Box 2169 35201, Bir­ Becker, 630 City National Bank Building, Avenue NE., Suite 315, Cedar Rapids, mingham, Ala. Applicant’s representa­ Omaha, Nebr. Authority sought to op­ Iowa 52402. Authority sought to oper­ tive: C. E. Wesley (same address as appli­ erate as a common carrier, by motor ve­ ate as a common carrier, by motor ve-. cant) . Authority sought to operate as hicle, over irregular routes, transporting: hide, over irregular routes, transporting: a common carrier, by motor vehicle, over Candy and confectionery, from the plant- Iron and steel, and iron and steel articles, irregular routes, transporting: Bakery site and/or storage facilities used by and equipment, materials, and supplies products (except in bulk or tank ve­ Mason Candies, Inc., at or near Mineola, used in the manufacture or processing of hicles) , from Hope, Ark., to Jackson and Long Island, N.Y., and Jersey City, N.J., iron and steel articles, between points in Humboldt, Term.; Chambersburg and to Chicago, 111., and Detroit, Mich., re­ the St. Louis, Mo.-East St. Louis, 111., Allentown, Pa.; Frankfort, Mich.; and stricted to traffic originating at said commercial zone, Alton and Granite City, Chickasha, Okla. Note: If a hearing is plantsite and/or storage facilities and 111., on the one hand, and, on the other, deemed necessary, applicant requests it destined to Chicago, HI., and Detroit, points in Iowa, Minnesota, North Da­ be held at Birmingham, Ala., Memphis, Mich. Note: If a hearing is deemed kota, South Dakota, Nebraska, and Wis­ Tenn., or Detroit, Mich. necessary, applicant requests it be held consin. Note: If a hearing is deemed No. MC 115841 (Sub-No. 306), filed at New York City, N.Y., or Washington, necessary, applicant requests it be held March 29, 1967. Applicant: COLONIAL D.C. at St. Louis, Mo., or Chicago, HI. REFRIGERATED TRANSPORTATION, No. MC 113362 (Sub-No. 134) , filed No. MC 115556 (Sub-No. 4), filed INC., 1215 Bankhead Highway West, April 3,1967. Applicant: ELLSWORTH March 31, 1967. Applicant: DOUGLAS Birmingham, Ala. 35201. Applicant’s FREIGHT LINES, INC., 220 East Broad­ DEWITT, 907 Main Street, Oconto, Wis. representative: C. E. Wesley (same ad­ way, Eagle Grove,' Iowa. Applicant’s 54153. Applicant’s representative: Roger dress as applicant). Authority sought to representative: William J. Boyd, 29 Radue, 125 West Doty Street, Madison, operate as a common carrier, by motor South La Salle Street, Chicago, HI. 60603. Wis. 53703. Authority sought to oper­ vehicle, over irregular routes, transport­ Authority sought to operate as a com­ ate as a common carrier, by motor ve­ ing : Confectionery bases and mixes (ex­ mon carrier, by motor vehicle, over ir­ hicle, over irregular routes, transport­ cept in bulk or tank vehicles), from regular routes, transporting: Millvoork, ing: (1) Lumber, rough and/or finished, Pittsburgh, Pa., to (1) Los Angeles and hardwood furniture, and hardwood fur­ and plywood, from points in Idaho, Mon­ Sacramento, Calif.; Salt Lake City, niture parts, '(1) from the plantsite of tana, Oregon, Washington, and Wy­ Utah; Seattle and Tacoma, Wash.; and Davidson-McNair Co. at or near Oil City, oming to points in Oconto County,Wis., (2) Yuma, Ariz. Note-: Applicant states Pa., to points in Missouri and Michigan, (2) lumber, from Eagle River, Wis., and it presently holds the authority in (1) and (2) from the plantsite of Davidson- points in Wisconsin within 50 miles above by tacking its Sub 140 (from Pitts­ McNair Co. at or near Peninsula, Ohio, thereof, to Ironwood, Mich.: (3) flooring, burgh, Pa., to points in Alabama, Ar­ to points in Missouri, Michigan, Arkan­ (except wooden flooring) and lumber, kansas, Kentucky, Louisiana, Mississippi, sas, Hlinois, Indiana, Wisconsin, Minne­ rough and/or finished, from Ironwood, and Tennessee) to its Sub 260 (From sota, Iowa, and Kentucky. Note: If a Mich., to points in Wisconsin, Hlinois, Birmingham, Ala., to points in California, hearing is deemed necessary, applicant Iowa, Indiana and Ohio; (4) flooring and Oregon, and Washington), by this in­ requests it be held at Washington, D.C., lumber, rough and/or finished, between stant application it seeks to eliminate or Pittsburgh, Pa. points in Minnesota, on' the one hand, this gateway authority, and also to serve No. MC 114019 (Sub-No. 170), filed and, on the other, Ironwood, Mich.; and the additional point of Yuma, Ariz., m April 3, 1967. Applicant: MIDWEST (5 ) flooring and lumber, rough and/or (2) above. If a hearing is deemed nec­ EMERY FREIGHT SYSTEM, INC., 7000 finished, from Ironwood, Mich., to points essary, applicant requests it be held at South Pulaski Road, Chicago, 111. 60629. in the Lower Peninsula of Michigan. Applicant’s representative: Carl Steiner, Note : If a hearing is deemed necessary, Pittsburgh, Pa.

2 0 , 1 9 6 7 FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL NOTICES 6241 No. MC 115841 (Sub-No. 307), filed FORD TRUCKING, INC., Post Office Box No. MC 119657 (Sub-No. 3) filed April 7, 1967. Applicant: COLONIAL 403, Elm Grove, Wis. Applicant’s repre­ April 6, 1967. Applicant: GEORGE REFRIGERATED TRANSPORTATION, sentative: Claude J. Jasper, 111 South TRANSIT LINE, INC., 4610 Hubbell INC., 1215 Bankhead Highway West Fairchild Street, Madison, Wis. 53703. Avenue, Des Moines, Iowa. Applicant’s 35204, Post Office Box 2169 35201, Bir­ Authority sought to operate as a common representative: Richard A. Miller, 212 mingham, Ala. Applicant’s representa­ carrier, by motor vehicle, over irregular Equitable Building, Des Moines, Iowa. tive: C. E. Wesley (same address as appli­ routes, transporting: Sand, in bags, Authority sought to operate as a common cant). Authority sought to operate as from points in La Salle County, HI., Ore­ carrier, by motor vehicle, over irregular a common carrier, by motor vehicle, over gon, 111., Michigan City, Ind., Bridgman, routes, transporting: Diammonium phos­ irregular routes, transporting: Meats, Mich,, and Portage, Wis., to points in phate, from the plantsites and ware­ meat products, meat byproducts, and Illinois, Indiana, Iowa, Michigan, Min­ houses of the New Jersey Zinc Co., articles distributed by meat packing­ nesota, Ohio, and Wisconsin. Note: If located at or near Depue and Riverdale, houses, as described in sections A and C a hearing is deemed necessary, applicant HI., Des Moines and Dubuque, Iowa, to of appendix I to report in Descriptions requests it be held at Chicago, 111., or points in Hlinois, Indiana, Iowa, Kansas, in Motor Carrier Certificates, 61 M.C.C. Madison, Wis. Michigan, Minnesota, Missouri, Ne­ 209 and 766 (except hides and commodi­ No. MC 117427 (Sub-No. 61), filed braska, North Dakota, Ohio, South ties in bulk), from the plantsite of Oscar March 31, 1967. Applicant: G. G. PAR­ Dakota, and Wisconsin. Note: If a Mayer & Co., Inc., Beardstown, 111. to SONS TRUCKING CO., a corporation, hearing is deemed necessary, applicant points in Connecticut, Delaware, Indiana, Post Office Box 1085, North Wilkesboro, requests it be held at Chicago, HI., or Des Maine, Maryland, Massachusetts, Michi­ N.C. 28659. Applicant’s representative: Moines, Iowa. gan, New Hampshire, New Jersey, New Francis J. Ortman, 770, 1700 Pennsyl­ No. MC 119670 (Sub-No. 12) filed York, Ohio, Pennsylvania, Rhode Island, vania Avenue NW., Washington, D.C. April 3, 1967. Applicant: THE VICTOR Vermont, Virginia, West Virginia, and 20006. Authority sought to operate as a TRANSIT CORPORATION, Post Office the District of Columbia, restricted to common carrier, by motor vehicle, over Box 115, Winston Place Station, Cincin­ traffic originating at the described plant- irregular routes, transporting: Lumber nati, Ohio 45232. Applicant’s represent­ site and destined to points in the above (except plywood and veneer) from ative: Robert H. Kinker, 711 McClure named States. Note: If a hearing is points in that part of New York north Building, Frankfort, Ky. 40601. Au­ deemed necessary, applicant did not and east of a line beginning at the New specify location. thority sought to operate as a common York-Massachusetts State line at or near carrier, by motor vehicle, over irregular No. MC 116077 (Sub-No. 203) (Repub­ New Lebanon, N.Y., and extending along routes, transporting: Glass containers, lication), filed July 21, 1966, published U.S. Highway 20 to junction New York from Rockdale, HI., to Bardstown, Frank­ in the Federal Register issues of Au­ Highway 26 at or near Madison, N.Y., fort, Lexington, and Louisville, Ky., gust 18, 1966, and March 22, 1967, and thence along New York Highway 26 and Lawrenceburg, Ind., and points and republished this issue. Applicant: to port of entry on the international within five (5) miles thereof of each. ROBERTSON TANK LINES, INC., 5700 boundary line between the United States Note: If a hearing is deemed necessary, Polk Avenue, Post Office Box 9527, and Canada located at or near Alexan­ applicant requests it be held at Chicago, Houston, Tex. 77011. Applicant’s repre­ dria Bay, N.Y., and points in Nassau and HI., or Indianapolis, Ind. sentative: Thomas E. James, 721 Brown Suffolk Counties, N.Y., and the Boroughs No. MC 119767 (Sub-No. 192), filed Building, Austin, Tex. 78701. Authority of Brooklyn and Queens, N.Y., to points sought to operate as a common carrier, March 30, 1967. Applicant: BEAVER in Illinois, Indiana, Kentucky, Michigan, TRANSPORT CO., a corporation, 100 by motor vehicle, over irregular routes, North Carolina, Ohio, Pennsylvania, Vir­ South Calumet Street, Burlington, Wis. transporting: Acids and chemicals, in­ Note: ginia, and West Virginia. Appli­ 53105. Applicant’s representative: Allan cluding anhydrous ammonia, and petro­ cant holds contract carrier authority B. Torhorst (same address as applicant). leum and petroleum products, in bulk, under MC 116145 and Sub 5 thereunder, Authority sought to operate as a com­ in tank vehicles, from the plantsite of therefore dual operations may be in­ Monsanto Co., at or near Luling, La., to mon carrier, by motor vehicle, over irreg­ volved. If a hearing is deemed neces­ ular routes, transporting: (1) Canned points in the United States except Alaska sary, applicant does not specify a loca­ and preserved foodstuffs, from points in and Hawaii. Restriction: The authority tion. Wisconsin, except Beaver Dam,. Fox is restricted to traffic originating at No. MC 118989 (Sub-No. 11) filed Lake, Ripon, and Rosendale, to points in Luling, La., and destined to the States April 5, 1967. Applicant: CONTAINER Kentucky, except Louisville and Lexing­ Note: named. The purpose of this re­ TRANSIT, INC., 5223 South 9th Street, ton and (2) frozen foods, from (a) Green publication is to delete the hearing in­ Milwaukee, Wis. 53221. Applicant’s rep­ Bay, Wis., to points in Iowa, Missouri, formation which was April 17, 1967, and resentative: Richard A. Heilprin, Post Kentucky, Ohio, Michigan, and Kansas has now been canceled. If a hearing is Office Box 941, Madison, Wis. 53701. Au­ City, Kans., and (b) from Traverse City, deemed necessary, applicant requests it thority sought to operate as a common Mich., to points in Hlinois, Indiana, Min­ be held at New Orleans, La., or Houston, carrier, by motor vehicle, over irregular nesota, Missouri, North Dakota, South Tex. routes, transporting: Boxes, partitions, No. MC 117119 (Sub-No. 398), filed Dakota, Wisconsin, Iowa, and Ohio on separators, fillers, dividers, pulpboard or and west of U.S. Highway 23. N o t e: If April 3, 1967. Applicant: WILLIS fibreboard, corrugated or noncorrugated, a hearing is deemed necessary, applicant SHAW FROZEN EXPRESS, INC., Elm set up or knocked down, and containers. requests it be held at Chicago, HI. Springs, Ark. 72728. Applicant’s repre­ between Chicago, 111., and Burlington, sentative: John H, Joyce, 26 North Col­ No. MC 119767 (Sub-No. 193) filed Wis. Note: If a hearing is deemed March 30, 1967. Applicant: BEAVER lege, Fayetteville, Ark. 72702. Author­ necessary, applicant requests it be held ity sought to operate as a common car­ TRANSPORT CO., a corporation, 100 at Milwaukee or Madison, Wis. South Calumet Street, Burlington, Wis. rier, by motor vehicle, over irregular No. MC 118989 (Sub-No. 12) filed routes, transporting: Animal and poul­ April 5, 1967. Applicant: CONTAINER 53105. Applicant’s representative: Allan try drugs, tonics, medicines, insecticides, B. Torhorst (same address as applicant). TRANSIT, INC., 5223 South 9th Street, Authority sought to operate as a common and disinfectants, and supplies used in Milwaukee, Wis. 53221. Applicant’s rep­ the preparation and packaging of the carrier, by motor vehicle, over irregular resentative: Richard A. Heilprin, Post routes, transporting: Frozen foodstuffs, commodities specified herein, feed sup­ Office Box 941, Madison, Wis. 53701. Au­ from points in North Dakota, South plements and ^poultry equipment, from thority sought to operate as a com­ Dakota, Iowa, Missouri, Hlinois, Minne­ Millsboro, Del., to Menlo Park, Calif., mon carrier, by motor vehicle, over ir­ sota, Wisconsin and points in that part Gainesville, Ga., Birmingham, Ala., and regular routes, transporting: Containers Dallas, Tex. Note: If a hearing is of Nebraska on and east of U.S. Highway and incidental parts, between Ripon, Mil­ 183, to Milwaukee, Wis. Note: Appli­ deemed necessary, applicant requests it waukee and Racine, Wis., on the one cant states that only so far as frozen be held at Little Rock, Ark., or Washing­ hand, and, on the other, Niles, Mich. ton, D.C. food transported under this application Note: If a hearing is deemed necessary, would be a “prepared food” then it could No. MC 117370 (Sub-No. 16), filed applicant requests it be held at Milwau­ tack to serve points in Hlinois and In­ March 31, 1967. Applicant: STAF­ kee or Madison, Wis. diana under its base certificate. If a

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 No. 7< 10 6242 NOTICES hearing is deemed necessary, applicant 53246. Applicant’s representative: 50533. Applicant’s representative: Wil­ requests it be held at Milwaukee, Wis. Richard H. Prevette (same address as liam A. Landau, 1307 East Walnut Street, No. MC 120449 (Sub-No. 3) filed April applicant). Authority sought to operate Des Moines, Iowa 50306. Authority 3, 1967. Applicant: PETER P. DE- as a common carrier, by motor vehicle, sought to operate as a common carrier, CASPER, JR. AND HERMAN DE- over irregular routes, transporting: by motor vehicle, over irregular routes, CASPER, a partnership, doing business Cement, from the plantsite of the Penn- transporting: Diammonium phosphate, as DECASPER DELIVERY, 3 River Dixie Cement Corp. at Clinchfield, Ga., in bulk, (1) from Depue, 111., to points Street, Bradford, Pa. 16701. Applicant’s to points in North Carolina and that part in Illinois, Indiana, Iowa, Kansas, Mich­ representative: James W. Lawson, 1000 of Alabama north and west of Cleburne, igan, Minnesota, Missouri, Nebraska, 16th Street NW., Washington, D.C. 20036. Clay, Coosa, Elmore, Montgomery, Cren­ North Dakota, Ohio, South Dakota, and Authority sought to operate as a com­ shaw, and Covington Counties, Ala. Wisconsin, and (2) from Des Moines mon carrier, by motor vehicle, over reg­ Note: Common control may be involved. and Dubuque, Iowa, and Riverdale, 111., ular and irregular routes, transporting: Applicant states it could tack the author­ to points in Illinois, Indiana, Iowa, Regular routes: (1) General commodi­ ity sought herein with its presently held Kansas, Michigan, Minnesota, Missouri, ties (except classes A and B explosives, authority in MC 124079 Subs 10 and 63, Nebraska, North Dakota, Ohio, South commodities of unusual value, commodi­ at Birmingham and Demopolis, Ala., to Dakota, and Wisconsin. N o t e : Appli­ ties in bulk, commodities requiring spe­ perform a through service to Mississippi cant is also authorized to conduct opera­ cial equipment, and household goods as and Louisiana. If a hearing is deemed tions as a contract carrier in permit No. defined by the Commission) between necessary, applicant requests it be held MC 118468 and Subs thereunder, there­ Jamestown, N.Y. and Bradford, Pa.: (a) at Washington, D.C. for, dual operations may be involved. If from Jamestown over New York High­ No. MC 124078 (Sub-No. 269), filed a hearing is deemed necessary, applicant way 60 to junction U.S. Highway 62, April 4, 1967. Applicant: SCHWERMAN requests it be held at Des Moines, Iowa. thence over U.S. Highway 62 to junction TRUCKING CO., a corporation, 611 No. MC 126291 (Sub-No. 8 ), filed April Pennsylvania Highway 59, thence over South 28th Street, Milwaukee, Wis. 4, 1967. Applicant: QUIRION TRANS­ Pennsylvania Highway 59 to junction 53246. Applicant’s representative: PORT, INC., La Guadeloupe, County of U.S. Highway 219, thence over U.S. Richard H. Prevette (same address as Frontenac, Quebec, Canada. Applicant’s Highway 219 to Bradford, and (b) from applicant). Authority sought to operate representative: Frank J. Weiner, In­ Jamestown over New York Highway 17 to as a common carrier, by motor vehicle, vestors Building, 536 Granite Street, junction U.S. Highway 219, thence over over irregular routes, transporting r Braintree, Mass. 02184. Authority U.S. Highway 219 to Bradford, and re­ Cement, from Fairmont, W. Va., to points sought to operate as a common carrier, turn over the same routes, serving the in Ohio, Pennsylvania, and West Vir­ by motor vehicle, over irregular routes, intermediate and off-route points in Mc­ ginia. Note: Applicant states it would transporting: Bricks, from the ports of Kean County, Pa., and points in that tack the proposed authority with its Sub entry on the United States-Canada part of Warren County, Pa., located 225 tacking at Northampton, Pa., to boundary line located at or near Jackman north and east of a line beginning at the serve points in Connecticut, Massachu­ and Coburn Gore, Maine, Derby Line, New York-Pennsylvania State line and setts, New York, and Rhode Island. Norton Mills, and Highgate Springs, Vt., extending south along U.S. Highway 62 No. MC 124722 (Sub-No. 6), filed and Rouses Point, N.Y., to points in to Sheffield, Pa., and thence east along March 30, 1967. Applicant: E'PORT Maine, New Hampshire, Vermont, New U.S. Highway 6 to Warren County- WAREHOUSE & TRANSFER CO., a York, and Massachusetts. Note: If a McKean County line, including points on corporation, 821 East Linden Avenue, hearing is deemed necessary, applicant the said highways, in (a) and (b) above, Linden, N.J. 08221. Applicant’s repre­ requests it be held at Augusta or Port­ service at Jamestown, N.Y. is restricted sentative: Morton E. Kiel, 140 Cedar land, Maine. to interchange of traffic only. Irregular Street, New York, N.Y. 10006. Author­ No. MC 126514 (Sub-No. 8), filed routes: (2) composite empty cans and ity sought to operate as a contract car­ April 4, 1967. Applicant: HELEN H. matching tops or bottoms, aluminum, rier, by motor vehicle, over irregular SCHAEFFER AND EDWARD D. steel, or plastic composition, from Brad­ routes, transporting: (1) Bakery prod­ SCHAEFFER, a partnership, Post Office ford, Pa., to Dundee, N.Y., and skids, ucts (except in bulk), between Bridge- Box 392, Phoenix, Ariz. 85001. Appli­ packing materials, damaged, rejected, ton, N.J., on the one hand, and, on the cant’s representative: George A. Olsen, and returned shipments, on return. other, points in New Jersey (except 69 Tonnele Avenue, Jersey City, N.J. Note : Applicant states the purpose of (1) Mercer, Burlington, Camden, Gloucester, 07306. Authority sought to operate as a above is to establish a new, point of inter­ Salem, Cumberland, Warren, Cape May, common carrier, by motor vehicle, over change. If a hearing is deemed neces­ and Atlantic Counties, N.J.) and New irregular routes, transporting: Cosmetics, sary, applicant requests it be held' at York, N.Y., Nassau, Suffolk, Westchester, toilet preparations, perfumes, soap, and jg;rie Orange, Rockland, Sullivan, Delaware, advertising materials, and displays, in No. MC 123310 (Sub-No. 7), filed April Broome, Putnam, Dutchess, Ulster, Co­ mechanically refrigerated equipment, 5, 1967. Applicant : VERNON L. HUNT, lumbia, Greene, Albany, Schnectady, from Port Jervis, N.Y., and Mouritaintop, doing business as HUNT TRUCKING, and Rensselaer Counties, N.Y., points in Pa., to Los Angeles and San Francisco, 1014 Madison Avenue, Cheyenne, Wyo. Connecticut, and points in Lancaster, Calif. Note: If a hearing is deemed 82001. Applicant’s representative: Ward Berks, Philadelphia, Delaware, Mont­ necessary, applicant requests it be held at A. White, Post Office Box 568, 1600 Van gomery, Bucks, Lehigh, Northampton, Washington, D.C., or Harrisburg, Pa. Lennen Avenue, Cheyenne, Wyo. Au­ Carbon, Luzerne, and Lackawanna No. MC 126881 (Sub-No. 7), filed April thority sought to operate as a common Counties, Pa.; (2) potato chips, pretzels, 5,1967. Applicant: RICHARD B. RUDY, carrier, by motor vehicle, over irregular salted nuts, bakery products (except in INC., 203 Linden Avenue, Frederick, Md. routes, transporting: Dry animal and bulk), and prepared food stuffs, between 21701. Applicant’s representative: Eston poultry feed, from Denver, Colo., to Fennsville, N.J., on the one hand, and, H. Alt, Post Office Box 81, Winchester, points in Sheridan, Roosevelt, Richland, on the other, points in New York, Con­ Va. 22601. Authority sought to operate Dawson, Wibaux, Prairie, Fallon, Carter, necticut, New Jersey; and Lancaster, as a contract carrier, by motor vehicle, Powder River, Custer, McCone, Valley, Berks, Philadelphia, Delaware, Mont­ over irregular routes, transporting: Dairy Daniels, Phillips, Petroleum, Garfield, gomery, Bucks, Lehigh, Northampton, products and preparations requiring re­ Fergus, Musselshell, Golden Valley, Carbon, Luzerne, and Lackawanna, Pa., frigeration, other than in bulk, from Wheatland, Sweet Grass, Stillwater, Car­ and returned shipments, on return un­ Frederick, Md., to points in Connecticut, bon, Rosebud, Treasure, and Yellow­ der a continuing contract with Food Delaware, Massachusetts, Maryland, New stone Counties, Mont. Note: If a hear­ Fair Stores, Inc. Note: If a hearing is York (except New York, N.Y., commercial ing is deemed necessary, applicant re­ deemed necessary, applicant fequests it zone), North Carolina, Ohio, Rhode Is­ quests it be held at Cheyenne, Wyo. be held at New York, N.Y. land, Virginia (except Fredericksburg, No. MC 124078 (Sub-No. 267), filed No. MC 124813 (Sub-No. 38), filed Richmond, Petersburg, and Norfolk), March 31, 1967. Applicant: SCHWER- March 24 1967. Applicant: UMTHUN West Virginia, and the District of Colum­ MAN TRUCKING CO., a corporation, TRUCKING CO., a corporation, 910 bia, under contract with Capitol Milk 611 South 28th Street, Milwaukee, Wis. South Jackson Street, Eagle Grove, Iowa Producers Cooperative, Inc. Note: If a

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6243 hearing is deemed necessary, applicant land, Ohio 44113. Applicant’s repre­ over irregular routes, transporting: Tele­ requests it be held at Washington, D.C. sentative: Rex Eames, 900 Guardian phone equipment, materials, and supplies No. MC 127100 (Sub-No. 4), filed Building, Detroit, Mich. 48226. Author­ having a prior or subsequent movement April 3,1967. Applicant: B & B MOTOR ity sought to operate as a contract car­ in interstate commerce, between Pensa­ LINES, INC., 911 Summit Street, Toledo, rier, by motor vehicle, over irregular cola, Fla., and points in Escambia, Santa Ohio 43604. Applicant’s representative: routes, transporting: Scrap metal, in Rosa, and Okaloosa Counties, Fla., under Earl P. Boxell, 9th Floor, Toledo Trust dump vehicles, with refused, damaged, Building, Toledo, Ohio 43604. Author­ contract with the Western Electric Co., and rejected shipments on return, (1) Inc. Note: If a hearing is deemed nec­ ity sought to operate as a contract car­ between the port of entry on the inter­ essary, applicant requests it be held at rier, by motor vehicle, over irregular national boundary line between the Pensacola, Fla., or Mobile, Ala. routes, transporting: Malt beverages, United States and Canada located at or No. MC 128690 (Sub-No. 1) filed consisting of beer and ale, in bottles and near Port Huron, Mich., on the one April 5, 1967. Applicant: JANET RAE cans, in cases and in kegs and other con­ hand, and, on the other, points in Michi­ BARNES, doing business as JAN PAM’S tainers, and empty bottles in cases; and gan, and (2) between points in Michi­ WESTVIEW BOARDING FARM, Route empty kegs and other empty containers gan, on the one hand, and, on the other, 1, Frederick, Md. 21701. Applicant’s therefor, from Toledo, Defiance, Lima, points in Ohio, under a continuing con­ representative: Eston H. Alt, Post Office and Sandusky, Ohio, to South Bend, Ind., tract with Luntz Iron & Steel Co. Note : Box 81, Winchester, Va. 22601. Author­ and Peoria, 111., under contract with Met­ Common control and dual operations ity sought to operate as a contract ropolitan Distributing Co.; The Thorn­ may be involved. If a hearing is carrier, by motor vehicle, over irregular burgh Sales Co.; The Defiance Bever­ deemed necessary, applicant requests it routes, transporting: Horses, and, in con­ age Co., and Shawnee Distributors, Inc. be held at Lansing or Detroit, Mich. nection therewith, personal effects of at­ N o t e : If a hearing is deemed necessary, No. MC 128254 (Sub-No. 2), filed April tendants and supplies and equipment in­ applicant requests it be held at Colum­ 5, 1967. Applicant: THEODORE SAV­ cluding mascots, used in the care or exhi­ bus, Ohio, Lansing, Mich., or Indianap­ AGE, 16061 Warren Lane, Huntington olis, Ind. bition of such animals, between points Beach, Calif. 92647. Applicant’s repre­ in Delaware, Maryland, New Jersey, New No. MC 127506 (Sub-No. 3), filed sentative: Ernest D. Salm, 3846 Evans York, Pennsylvania, Virginia, and West March 24, 1967. Applicant: P. JUDGE Street, Los Angeles, Calif. 90027. Au­ Virginia, under contract with Glade Val­ & SONS, INC., 117 Metropolitan Avenue, thority sought to operate as a contract ley Farms, Inc., Pine Ridge Farm, Fair- Brooklyn, N.Y. 11211. Applicant’s rep­ carrier, by motor vehicle, over irregular view Farm, O’Sullivan Farms, William resentative: George A. Olsen, 69 Ton- routes, transporting: General commodi­ nele Avenue, Jersey City, N.J. 07306. Page, William S. Berry, Robert L. Gheen, ties, limited to traffic having a prior or and Glenn E. Price. Note: If a hearing Authority sought to operate as a con­ subsequent movement by air, between is deemed necessary, applicant requests tract carrier, by motor vehicle, over ir­ the Los Angeles (California) Interna­ it be held at Washington, D.C. regular routes, transporting: Business tional Airport, on the one hand, and, on No. MC 128767 (Sub-No. 1) filed March machines and parts, accessories, and the other, points in Orange County, 30, 1967. Applicant: JAMES L. supplies therefor (except articles which, Calif., located south of a line running east GROVER 8446 Lockleven, Kings Beach, because of size, shape, or weight, require and west through El Toro and Newport Calif. Applicant’s representative: Wm the use of special equipment or special Beach (including service at El Toro, and J. Crowell, 402 North Carson Street handling), (l) between piers in New restricted against service at Newport (Post Office Box 1000), Carson City, Nev. York Harbor, N.Y., including Port New­ Beach), and points in San Diego County, 89701. Authority sought to operate as ark and Port Elizabeth, N.J., North Calif., under contract with W T C Air a common carrier, by motor vehicle, over Branch, Clark, and Somerville, N.J., on Freight. Note: If a hearing is deemed regular routes, transporting: Computer the one hand, and, on the other, points in necessary, applicant requests it be held New York, N.Y., points in Orange, Rock­ cards, meter readings, processing data at Los Angeles, Calif. and newspapers, (1) between Reno, Nev., land, Westchester, Nassau, and Suffolk No. MC 128480 (Sub-No. 1), filed and Tahoe Vista, Calif.: from Reno over Counties, N.Y.; and, (2) between piers April 3, 1967. Applicant: H. S. MILES, U.S. Highway 395 to Carson City, Nev in New York Harbor, N.Y., including doing business as DUKE AUTO TRANS­ thence over U.S. Highway 50 to junction Port Newark and Port Elizabeth, N J PORT, 3203 Colvin Street, Alexandria, and New York, N.Y., on the one hand, Nevada Highway 28, thence over Nevada Va. 22314. Applicant’s representative: Highway 28 to the Nevada-Califomia and, on the other, Somerville North Theodore Polydoroff, 917 Munsey Build­ State line, thence over California High­ Branch and Clark, N.J., under contract ing, 1329 E Street NW., Washington, D.C. way 28 to Tahoe Vista, and return over with Inter-Continental Trading Corp. 20004. Authority sought to operate as a the same route, serving all intermediate N o t e : If a hearing is deemed necessary, contract carrier, by motor vehicle, over points, and ( ) between Reno, Nev and applicant requests it be held at Wash­ irregular routes, transporting: Automo­ 2 ington, D.C., or New York, N.Y. Bijou, Lake Tahoe, Calif.: from Reno, biles, (1) from points in the District of Nev., over U.S. Highway 395 to Carson No. MC 127799 (Sub-No. 1), filed Columbia to Salem and Martinsville, Va., April , 1967. Applicant: LUPPES City, Nev., thence over U.S. Highway 50 6 and Leaksville, N.C., (2) from Alexan­ to Bijou, Lake Tahoe, and return over the TRANSPORT COMPANY, INC., Post dria, Va., and points in Arlington and Office Box 152, Webster City, Iowa 50595. same route, serving all intermediate Fairfax Counties, Va., to Spray, N.C.; points. Note: If a hearing is deemed Applicant’s representative: William A., (3) from points in Arlington County, V a.’, necessary, applicant requests it be held Landau, 1307 East Walnut Street, Des to Bristol, Tenn.; and (4) from Alexan­ Moines, Iowa 50306. Authority sought at Reno, Nev. dria, Va., and points in Arlington Coun­ No. MC 128847 (Sub-No. ), filed April to operate as a common carrier, by mo­ ty, Va., to Leaksville, N.C., under con­ 1 tor vehicle, over irregular routes, trans­ 7, 1967. Applicant: HAROLD J. Mc- tract with Riverside Motor, Spray, N.C., TAGGART, doing business as HAROLD porting: Anhydrous ammonia, in bulk, Circle Motors, Leaksville, N.£„ Mize Mo­ in tank vehicles, from the plantsite and J. McTAGGART TRUCKING, 4306 tors, Martinsville, Va., Mize Motors, Third Street, Port Hope, Mich. Appli­ facilities of Armour Agricultural Chem­ Leaksville, N.C., Central Motors, Salem, ical Co. at or near Bellevue (Jackson cant’s representative: William B. Elmer, Va., and Valley Auto Sales, Bristol, Tenn. 22644 Gratict Avenue, East Detroit, Mich! County), Iowa, to points in Illinois, In­ Note: If a hearing is deemed necessary, diana, Iowa, Kansas, Michigan, Minne­ 48021. Authority sought to operate as a applicant requests it be held at Greens­ contract carrier, by motor vehicle, over sota, Missouri, Nebraska, North Dakota, boro, Winston-Salem, or High Point, N C South Dakota, and Wisconsin. Note: irregular routes, transporting: Dry No. MC 128569 (Sub-No. 1) filed chemical fertilizer, in bags and in bulk If a hearing is deemed necessary, ap­ April 7, 1967. Applicant: GUARDIAN plicant requests it be held at St. Louis, from Findlay and Toledo, Ohio, to points Mo. STORAGE INC., 4023 Navy Boulevard, in Huron, Mountcalm, and Sanilac Coun­ Pensacola, Fla. 32507. Applicant’s rep­ ties, Mich., under contract with Bad Axe No. MC 127864 (Sub-No. 1), filed resentative: C. W. Haul (same address as March 27, 1967. Applicant: PAUL W. Grain Co. Note : If a hearing is deemed applicant). Authority sought to operate necessary, applicant requests it be held WILLS, INC., 2535 Center Street, Cleve­ as a contract carrier, by motor vehicle, at Lansing or Detroit, Mich.

FEDERAL REGISTER, VOL 32, NO. 76— THURSDAY, APRIL 20 1967 6244 NOTICES No MC 128894, filed March 30, 1967. irregular routes, transporting: Baggage operate as a contract carrier, by motor Applicant: LOUIS GORNEY REFRIG­ and personal effects of steamship pas­ vehicle, over irregular routes, transport­ ERATED TRANSPORT, INC., Route 11, sengers, between points in the Los An­ ing: General commodities, except those Lafayette, N.Y. 13084. Applicant’s rep­ geles Harbor Commercial Zone, Cali­ of unsual value, classes A and B explo­ resentative: Charles Andrews, 600 Onon­ fornia, on the one hand, and, on the sives, household goods as defined by the daga County Savings Bank Building, other hand, points in Los Angeles, Commission,' commodities in bulk, a n d Syracuse, N.Y. 13202. Authority sought Orange, Riverside, San Bernardino, San those requiring special equipment, be­ to operate as a contract carrier, by motor Diego, Santa Barbara, and Ventura tween points in Clark County, Ohio, a n d vehicle, over irregular routes, transport­ Counties, Calif. Note: If a hearing is Detroit, Mich., Indianapolis, Ind., a n d ing: Lumber, in rough, treated, and fin­ deemed necessary, applicant requests it Cincinnati and Cleveland, Ohio, u n d e r ished form, and forest products, such as, be held at Los Angeles, Calif. contract with Udylite Corp. N o t e : I f a poles, posts, and similar items, between No. MC 128963, filed March 22, 1967. hearing is deemed necessary, a p p l i c a n t Lafayette, N.Y., and points in Connecti­ Applicant: M Si M TRANSFER, INC., requests it be held at Springfield, Colum­ cut, Delaware, Georgia, Illinois, Indiana, King Street Extension, Post Office Box bus, or Cincinnati, Ohio. Kentucky, Maine, Maryland, Massa­ 552, Charleston, S.C. 29402. Authority No. MC 128985, filed March 30, 1967. chusetts, Michigan, New Hampshire, sought to operate as a common carrier, Applicant: M. L. WILKERSON, doing New Jersey, New York, North Carolina, by motor vehicle, over irregular routes, business as WILKERSON TRUCKING Ohio, Pennsylvania, Rhode Island, South transporting: Used household goods and COMPANY, Route No. 5, Lenoir City, Carolina, Tennessee, Vermont, Virginia, personal effects in providing local pick­ Tenn. 37771. Applicant’s representa­ West Virginia, Wisconsin, and the Dis­ up and delivery service for forwarders, tive: Walter Hardwood, 515 Nashville trict of Columbia, under contract with (1) between points in Charleston County, Bank & Trust Building, Nashville, Tenn. Booher Lumber Co., Inc., Lafayette, N.Y. S.C.; and (2) between points in Charles­ 37201. Authority sought to operate as a Note: If a hearing in deemed necessary, ton County, S.C. and points in South contract carrier, by motor vehicle, over applicant requests it be held at Syracuse Carolina. Note: If a hearing is deemed irregular routes, transporting: (1) Can­ or Rochester, N.Y. necessary, applicant requests it be held vas duck, webbing, tents, and canvas No. MC 128944 (Sub-No. 1), filed at Charleston, S.C. or Columbia, S.C. items from Knoxville, Tenn., to Mem­ March 27, 1967. Applicant: HOOVER No. MC 128968 (Sub-No. 1), filed phis, Tenn., and Ogden, Utah; (2) ma­ FREIGHTWAYS, INC., 710 Third Na­ April 6, 1967. Applicant: CLARENCE terials used in the manufacture of said tional Bank Building, Nashville, Tenn. L. WICKLIFF, LESLIE D. WICKLIFF, commodities from points in Michigan, 37219. Applicant’s representative: Clar­ and KAREN S. WICKLIFF, a partner­ Pennsylvania, and Richmond, Va., to the ence Evans (same address as applicant). ship, doing business, as WICKLIFF and plantsite of Camel Manufacturing Co., Authority sought to operate as a common SON, 516 East 12th Street, Newton, Iowa at Knoxville, Tenn., under a continuing carrier, by motor vehicle, over regular 50308. Applicant’s representative: contract with Camel Manufacturing Co., routes, transporting: General commodi­ Richard A. Miller, 212 Equitable Building, Knoxville, Tenn.; (3) camping trailers ties, except those of unusual value, Des Moines, Iowa 50309. Authority from plantsite of American Duralite classes A and B explosives, household sought to operate as a contract carrier, Corp. at Loudon, Tenn., to points in the goods as defined by the Commission, by motor vehicle, over irregular routes, United States . (except Alaska and commodities in bulk, commodities re­ transporting: Farm implements and at­ Hawaii) ; (4) Aluminum windows and quiring special equipment, and those in-» tachments, and electrical generators and doors, from the plantsite of American jurious or contaminating to other lading, attachments; parts, raw materials, elec­ Duralite Corp., Loudon, Tenn., to points (A) between Nashville, Tenn., on the one trical equipment for the manufacture of; in the States which border on the Mis­ hand, and, on the other, Florence, Shef­ and excess or damaged materials, be­ sissippi River and points in the United field, and Tuscumbia, and points within tween Newton, Iowa, and points in States on and east of a line beginning ten CIO) miles of any of these Alabama Arkansas, Colorado, Illinois, Indiana, at the mouth of the Mississippi River, points; and also serving Russellville, Ala., Iowa, Kansas, Kentucky, Michigan, and extending along the Mississippi as an off-route point; over all of the Minnesota, Missouri, Nebraska, North River to its junction with the western routes described in Paragraphs B, C, and Dakota, Ohio, Oklahoma, South Dakota, boundary of Itasca County, Minn., D hereinafter: (B) From Nashville over Tennessee, Texas, and Wisconsin. Note: thence northward along the western U.S. Highway 3i to Columbia, Tenn., If a hearing is demed necessary, appli­ boundaries of Itasca and Koochiching thence over U.S., Highway 43 to its junc­ cant requests it be held at Des Moines, Counties, Minn., to the international tion with U.S. Highway 72, thence over Iowa, or Omaha, Nebr. boundary line between the United States U.S. Highway 72 to Tuscumbia, Ala., No. MC 128970, filed March 24, 1967. and Canada; and (5) (a) Glass, from and return over the same route; (C) Applicant: ROBERT O. YOUNKIN, do­ points in Kentucky, Georgia, and Flor­ from Nashville over Interstate Highway ing business as ATHERTON TRANSFER ida; (b) aluminum from points in Indi­ 65 to Decatur, Ala., and thence over U.S. AND STORAGE COMPANY, 815 East ana; and (c) materials used in the manu­ Highway 72-A to Tuscumbia and return Second Street, Wichita, Kans. 67202. facture of camping trailers from points over the same route, and (D) from junc­ Authority sought to operate as a common in Indiana, to the plantsite of American tion Interstate Highway 65 and U.S. carrier, by motor vehicle over irreg­ Duralite Corp., Loudon, Tenn., under a Highway 72 near Athens, Ala., over U.S. ular routes, transporting: Used house­ continuing contract with American Highway 72 to Tuscumbia and return hold goods as defined by the Interstate Duralite Corp., Loudon, Tenn. Note: over the same route; with authority to Commerce Commission, moving on Applicant holds common carrier author­ use the aforedescribed route segments, through bill of lading of exempt freight ity in MC-124632 and subs thereunder, or portions thereof, in conjunction with forwarder and having an immediate prior therefore, dual operations may be in­ each other, but with a restriction against or subsequent line-haul by rail, motor, volved. If a hearing is deemed neces­ service at any point other than those water, and air, to and between points sary, applicant requests it be held at points specified in Paragraph (A). in Kansas. Note: Authority sought is Nashville, Tenn. Note: 11 a hearing is deemed necessary, to be used solely in conjunction with the No. MC 128998, filed April 6,1967. Ap­ applicant requests it be held at Nashville, operations of exempt forwarders of used plicant: VANWAYS, INC., 1230 W e s t Tenn., or Florence. Ala. household goods. If a hearing is deemed River Road, Oscoda, Mich. Applicant’s No. MC 128962, filed March 23, 1967. necessary, applicant requests it be held representative: Alan F. W ohlstetter, 1 Applicant: FRED H. LORENZEN, doing at Wichita, Kans., or Kansas City, Mo. Farragut Square South, W ashington, business as A. V. PRICE TRANSFER No. MC 128978, filed March 29, 1967. D.C. 20006. Authority sought to o p e r a t e COMPANY, 1631 Ronan Avenue, Wil­ Applicant: FRANCIS R. MATTHEWS, as a cortimon carrier, by motor v e h ic le , mington, Calif. 90746. Applicant’s rep­ 7111 Chama Trail, Enon, Ohio 45323, also over irregular routes, transporting: resentative: R. Y. Schureman, 1010 Wil- Rural Route 1, Fairborn, Ohio 45324. Household goods, as defined by the Com­ shire Boulevard, Los Angeles, Calif. Applicant’s representative: Kenneth G. mission, (1) between points in the U p p e r 90017. Authority sought to operate as Rush, 314 McAdams Building, Spring- Peninsula, and the Counties of E m m e t a common carrier, by motor vehicle, over field, Ohio 45502. Authority sought to and Cheboygan, Mich., and (2) b e t w e e n

FEDERAL REGISTER, VOL 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6245 points in Arenac, Iosco, Ogemaw, Os­ dress as applicant). Authority sought termediate points of Westfield, Akron, coda, Alcona, Alpena, Presque Isle, Che­ to operate as a common carrier, by mo­ Hawarden, and Inwood, Iowa, and Can­ boygan, and Emmet Counties, Mich., on tor vehicle, over irregular routes, trans­ ton and Hudson, S. Dak., from Sioux the one hand, and, on the other, those porting: Passengers and their baggage, City over Iowa Highway 12 to Hawarden, counties in the lower Peninsula of Michi­ in the same vehicle with passengers in Iowa, thence over Iowa Highway 10 to gan in and north of Bay, Midland, Isa­ round trip special operations during the the Iowa-South Dakota State line, thence bella, Mecosta, Newaygo, and Oceana racing seasons of each year at each of over South Dakota Highway 46 to Counties, Mich., restricted to shipments the race tracks named below, beginning junction unnumbered South Dakota having a prior or subsequent movement and ending at New Haven, Hartford, and highway via Hudson, S. Dak., to the beyond said points in containers, and Enfield, Conn., and extending to the sites South Dakota-Iowa State line, thence further restricted to pickup and delivery of the Hinsdale Raceway, Hinsdale, N.H., over unnumbered Iowa highway to junc­ services incidental to and in connection and Green Mountain Racing Park, Pow- tion U.S. Highway 18, thence over U.S. with packing, crating, and containeriza­ nal, Vt. Note: Applicant states that Highway 18 to junction U.S. Highway 77, tion or unpacking, uncrating, and de­ there is no present service operating, and and thence over U.S. Highway 77 to containerization of such shipments. no carrier authorized to serve the desti­ Sioux Falls, and return over the same Note: If a hearing is deemed necessary, nation points from Connecticut. If a route, and extending to points in the applicant requests it be held at Saginaw, hearing is deemed necessary, applicant United States. Note: If a hearing is Mich., or Washington, D.C. requests it be held at Hartford, Conn. deemed necessary, applicant requests it No. MC 129002, filed April 7, 1967. No. MC 29601 (Sub-No. 9), filed March be held at Mankato, Minn., Sioux Falls, Applicant: M. G. M. TRUCKING CORP., 21, 1967. Applicant: MIDWEST S. Dak., or Sioux City, Iowa. 517 Barretto Street, Bronx, N.Y. 10474. COACHES, INC., 216 North 2d Street, No. MC 29854 (Sub-No. 30), filed Applicant’s representative: Arthur J. Mankato, Minn. Applicant’s represent­ March 28, 1967. Applicant: THE HUD­ Piken, 160-16 Jamaica Avenue, Jamaica, ative: D. C. Nolan, 405 Iowa State Bank SON BUS TRANSPORTATION CO., N.Y. 11432. Authority sought to operate Building, Iowa City, Iowa. Authority INC., 437 Tonnele Avenue, Jersey City, as a contract carrier, by motor vehicle, sought to operate as a common carrier, N.J. 07306. Applicant’s representative: over irregular routes, transporting: Steel by motor vehicle,, over irregular routes, S. S. Eisen, 140 Cedar Street, New York, office furniture and equipment, from transporting: Passengers and their bag­ N.Y. 10006. Authority sought to operate points in the Borough of the Bronx, N.Y., gage in special operations, beginning and as a common carrier, by motor vehicle, to points in North Carolina, South Caro­ ending at points on applicant’s regular over irregular routes, transporting: Pas­ lina, Georgia, and Florida, under a con­ routes as follows: (1) Between Albert sengers and their baggage, in the same tinuing contract or contracts with Art Lea, Minn., and Sioux Falls, S. Dak., vehicle with passengers (1) between Steel Co., Inc., of the Borough of the serving all intermediate points, from Al­ junction Palisade Avenue with Paterson Bronx, N.Y. Note : If a hearing is bert Lea over U.S. Highway 16 to junction Plank Road, located on the Jersey City- deemed necessary, applicant requests it Minnesota Highway 109, thence over Union City, N.J., boundary line, and the be held at New York, N.Y. Minnesota Highway 109 to Alden, Minn., Lincoln Industrial Park area in Secau- No. MC 129003, filed April 4,1967. Ap­ thence return over Minnesota Highway cus, N.J.: From junction Palisade Av­ plicant: MISSOULA CARTAGE CO., a 109 to junction U.S. Highway 16, thence enue with Paterson Plank Road, over corporation, Box 94, Missoula, Mont. over U.S. Highway 16 to Sioux Falls, Paterson Plank Road to junction Secau- 59801. Applicant’s representative: Karl and return over the same route, (2) from cus Road, thence over Secaucus Road to R. Karlberg, % Bonne & Karlberg, First Albert Lea via Alden, Minn., to junction Secaucus, thence over Secaucus Road to National Bank Building, Missoula, Mont. Minnesota Highway 109 and UJS. High­ Frozen Food Plaza, thence over Frozen 59801. Authority sought to operate as way 16, as shown above, thence over U.S. Food Plaza to the northerly terminus a contract carrier, by motor vehicle, over Highway 16 to junction Minnesota High­ thereof; and return over the same route, irregular routes, transporting: Wood way 22, thence over Minnesota Highway serving all intermediate points in Secau­ chips and sawdust, except in tank ve­ 22 to Mankato, Minn., thence over Min­ cus, and (2) between junction Pleasant hicles, between points in Lemhi County, nesota Highway 60 via Windom, Minn., to Avenue ramp with Interstate Highway Idaho, and Missoula County, Mont., un­ junction Minnesota Highway 86, thence 495 (elevated highway to Lincoln Tun­ der contract with Hoerner Waldorf Corp. over Minnesota Highway 86 to junction nel) in Weehawken, N.J., and junction of Montana and Intermountain Lumber U.S. Highway 16, thence over U.S. High­ County Avenue with Secaucus Road in Co. Note : If a hearing is deemed neces­ way 16 to Sioux Falls, and return over Secaucus, N.J., a point on Route (1) sary, applicant requests it be held at the same route, (3) between junction above: From junction Pleasant Avenue Missoula or Helena, Mont. Minnesota Highways 86 and 60, east of ramp with Interstate Highway 495, over Wilder, Minn., and Worthington, Minn., Motor Carriers of Passengers Interstate Highway 495 to New Jersey serving all intermediate points, from Highway 3, thence over . New Jersey No. MC 745 (Sub-No. 11), filed April 5, junction Minnesota Highways 86 and 60 Highway 3 to Paterson Plank Road 1967. Applicant: GERALD S. HAGEY, over Minnesota Highway 60 to Worthing­ in Secaucus, thence over Paterson doing business as HAGEY’S BUS SERV­ ton, and return over the same route, Plank Road to County Avenue, thence ICE, Franconia, Pa. 17011. Applicant’s (4) between Sioux City, Iowa, and over County Avenue to junction Secaucus representative: John W. Frame, Box 626, Worthington, Minn., serving all interme­ Road; and return over the same route, Camp Hill, Pa. 17011. Authority sought diate points, from Sioux City over U.S. serving intermediate points in Secaucus to operate as a common carrier, by motor Highway 75 to junction Iowa Highway south of junction County Avenue with vehicle, over irregular routes, transport­ 33, jthence over Iowa Highway 33 to the Peterson Lane. Note: Applicant states ing: Passengers and their baggage, in Iowa-Minnesota State line, thence over it proposes to tack the authority here the same vehicle, in round-trip special Minnesota Highway 60 to Worthington, sought with its existing authority in operations, beginning and ending at and return over the same route. Docket MC-29854 and sub numbers points in t^iat portion of Bucks County, (5) Between Wells, Minn., and Alden,thereto and to tack routes (1) and (2). Pa., on and south of U.S. Highway 202, Minn., serving all intermediate points, Applicant further states that no duplica­ and points in Montgomery County, Pa., from Wells over Minnesota Highway 109 tion of authority is here sought. If a on, south, and east of U.S. Highway 309, to Alden, and return over the same route, hearing is deemed necessary, applicant and extending to points in the United (6) between Le Mars, Iowa, and junction requests it be h61d at Newark, N.J., or States, including Alaska. Note: If a Iowa Highway 3£ and Iowa Highway 10 New York, N.Y. hearing is deemed necessary, applicant at Alton, Iowa, serving all intermediate No. MC 115891 (Sub-No. 3), filed April requests it be held at Harrisburg, Pa. points, from Le Mars over U.S. Highway 7, 1967. Applicant: INTER-COUNTY No. MC 1934 (Sub-No. 24), filed April 75 to junction Iowa Highway 10, thence MOTOR COACH, INC., 243 Deer Park 5,1967. Applicant: THE ARROW LINE, over Iowa Highway 10 to junction Iowa Avenue, Babylon, N.Y. 11702. Appli­ INC., 105 Cherry Street, East Hart­ Highway 33, and return over the same cant’s representative: William D. Traub, ford, Conn. 06108. Applicant’s repre­ route, and (7) between Sioux City, Iowa, 10 East 40th Street, New York, N.Y. sentative: Dominick T. Bisesti (same ad­ and Sioux Falls, S. Dak., serving the in­ 100*6. Authority sought to operate as a

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6246 NOTICES common carrier, by motor vehicle, over between the George Washington Bridge points as well as Yankee Stadium. irregular routes, transporting: Passen­ Bus Terminal, New York, N.Y., and N o t e : I f a hearing is deemed necessary, gers and their baggage, in the same ve­ Aqueduct Race Track, Queens, N.Y., applicant requests it be held at New hicle with passengers, in round-trip over the streets, highways, bridges, and York, N.Y. charter operations, beginning and end­ expressways within the city of New A p p l ic a t io n o p B ro k erage L ic e n s e York, serving no intermediate points, ing at points in Nassau, Suffolk, and No. MC 12669 (Sub-No. 1), filed Westchester Counties, N.Y., and New (4) between the George Washington Bridge Bus Terminal, New York, N.Y., March 31, 1967. Applicant: KNOX­ York, N.Y., and extending to points in VILLE TOURS, INCORPORATED, 1708 the United States (except Alaska and and Yonkers Raceway, Yonkers, N.Y.; from the George Washington Bridge Charles Drive, Knoxville, Tenn. Appli­ Hawaii). N o t e : Applicant states it now cant’s representative: Francis A. Cain, holds authority to perform the described Bus Terminal, New York, N.Y., over streets, highways, and bridges within the 201 Fidelity Building, Knoxville, Tenn. service beginning and ending at points 37902. For a license (BMC 5) to engage in Nassau and Suffolk Counties, N.Y., city of New York to the New York City- Westchester County boundary line, in operations as a broker at Knoxville, and extending to points in the United Tenn., in arranging for the transporta­ States. By this application it seeks to thence over the Thomas E. Dewey Thru­ way to Central Avenue, thence over Cen­ tion in interstate or foreign commerce, add Westchester County, N.Y., and New of passengers and their baggage in York, N.Y. at which points it will be able tral Avenue to Yonkers Avenue, thence groups, destined for the same destination, to begin and end round-trip charter over Yonkers Avenue to entrance of the in round-trip charter tours, beginning operations in conjunction with the au­ Yonkers Raceway, (5) between the and ending at points in Hamilton, Mon­ thority it already holds. Applicant fur­ George Washington Bridge Bus Termi­ roe, McMinn, Loudon, Bradley, Polk, ther states that if the authority sought nal, New York, N.Y., and Roosevelt Race­ Sequatchie, Bledsoe, Cumberland, Fen­ -is granted, it will consent to the reyo- way, Nassau County, N.Y.: From the tress, Morgan, Scott, Campbell, Clai­ cation of its present certificates Nos. MC George Washington Bridge Bus Termi­ borne, Rhea, Meigs, Roane, Union, 115891 and MC 115891 (Sub-No. 1). If nal, New York, N.Y., over streets, high­ Grainger, Hancock, Hamblen, Hawkings, a hearing is deemed necessary, appli­ ways, and bridges within the city of New Greene, Jefferson, Cocke, Washington, cant requests it be held at New York, York to the New York City-Nassau Carter, and Johnson Counties, Tenn., N.Y., or Washington, D.C. County boundary line, thence over the Long Island Expressway to Guinea and extending to points in the United No. MC 123153 (Sub-No. 2) (Correc­ States. tion), filed March 8, 1967, published Woods Road south, thence over Guinea F ederal R e g is t e r , issue of March 23, Woods Road to Old Country Road, A pplications i n W h i c h H a n d l in g W it h ­ 1967, under MC 123480 (Sub-No. 2), and thence over Old Country Road to Roose­ o u t O ral H e a r in g H a s B e e n R e q u e st e d republished as corrected this issue. Ap­ velt Raceway. No. MC 52932 (Sub-No. 15), filed plicant: SKINNER SCHOOL BUS LINES (6) Between the George Washington March 30, 1967. Applicant: NORTH LIMITED, Post Office Box 4422, Postal Bridge Bus Terminal, New York, N.Y., PENN TRANSFER, INC., Routes 202 and Station C, 1901 Oxford Street East, Lon­ and Jones Beach, Nassau County, N.Y.: 63, Box 230, Lansdale, Pa. 19446. Appli­ don, Ontario, Canada. Applicant’s rep­ From the George Washington Bridge Bus cant’s representative: John W. Frame, resentative: S. Harrison Kahn, Suite Terminal, New York, N.Y., over streets, Box 626, Camp Hill, Pa. 17011. Author­ 733, Investment Building, Washington, highways, and bridges within the city of ity sought to operate as a common car­ D.C. 20005. Authority sought to operate New York to the New York City-Nassau rier, by motor vehicle, over irregular as a common carrier, by motor vehicle, County boundary line, thence over the routes, transporting: General commodi­ over irregular routes, transporting: Pas­ Long Island Expressway to Guinea ties (except those of unusual value, sengers and their baggage, in the same Woods Road south, thence over Guinea classes A and B explosives, household vehicle with passengers, in special op­ Woods Road south to Old Country Road, goods as defined by the Commission, erations, in round-trip sightseeing and thence over Old Country Road to Mer­ commodities in bulk, and those requir­ pleasure tours, restricted to foreign com­ rick Avenue, thence over Merrick Avenue ing special equipment), serving Phillips- merce only, from ports of entry on the to Bellmore Avenue, thence over Bell- burg, N.J., as an off-route point in con­ international boundary line between the more Avenue to Merrick Road, thence nection with applicant’s regular-route United States and Canada located at over Merrick Road to Wantagh State Parkway, thence over Wantagh State authority between Lansdale, Pa. and points in the United States, except New York, N.Y. N o t e : Applicant states Alaska and Hawaii, and return. N o t e : Parkway to Jones Beach, and (7) be­ that upon conversion of Phillipsburg, The purpose of this correction is to show tween the George Washington Bridge N.J., to an off-route point, it will request that the application has been reassigned Bus Terminal, New York, N.Y., and Bel­ the Commission to eliminate Phillips­ No. MC 123153 (Sub-No. 2), in lieu of mont Racetrack, Nassau County, N.Y.: From the George Washington Bridge Bus burg, N.J., from its irregular route No. MC 123480 (Sub-No. 2), which was authority. in error. If a hearing is deemed nec­ Terminal, New York, N.Y., over streets, essary, applicant requests it be held at highways, and bridges within the city No. MC 103993 (Sub-No. 272), filed Detroit, Mich. of New York to the New York City- March 29, 1967. Applicant: MORGAN No. MC 128969, filed March 24, 1967. Nassau County boundary line, thence DRIVE AWAY, INC., 2800 West Lex­ Applicant: FERDINAND ARRIGONI, over Hempstead Turnpike to Belmont ington Avenue, Elkhart, Ind. 46515. Ap­ INC., 3470 Park Avenue, Bronx, N.Y. Racetrack, and return over the same plicant’s representative: John E. Lesow, Applicant’s representative: Samuel B. routes, serving no intermediate points in 3737 North Meridian Street, Indianap­ Zinder 160-16 Jamaica Avenue, Jamaica, (4) through (7) above. Note: Common olis, Ind. 46208. Authority sought to N.Y. 11432. Authority sought to operate control may be involved. Applicant operate as a common carrier, by motor as a common carrier, by motor vehicle, states it is the holder of a municipal con­ vehicle, over irregular routes, transport­ over regular routes, transporting: Pas­ sent from the city of New York authoriz­ ing: Trailers, designed to be drawn by ing it to operate between the George passenger automobiles, in initial move­ sengers and their baggage, in the same ments, from points in Faulkner County, vehicle with passengers, (1) between the Washington Bridge Bus Terminal, on the George Washington Bridge Bus Termi­ one hand, and, on the other, Aqueduct Ark., to points in the United States, ex­ nal, New York, N.Y., and Shea Stadium, Race Track and Shea Stadium, and, cept Alaska and Hawaii. Queens, N.Y., over the streets, highways, Yonkers Raceway, Belmont Race Track, No. MC 103993 (Sub-No. 273), filed bridges, and expressways within the city Roosevelt Raceway, and Jones Beach, March 29, 1967. Applicant: MORGAN of New York, serving no intermediate under temporary authority issued by the DRIVE AWAY, INC., 2800 West Lex­ points, (2) between the George Wash­ New York Public Service Commission ington Avenue, Elkhart, Ind. 46515. Ap­ ington Bridge Bus Terminal, New York, pending receipt of a municipal consent. plicant’s representative: John E. Lesow, N.Y., and Yankee Stadium, Bronx, N.Y., This consent has just been received and 3737 North Meridian Street, Indianap­ over the streets, highways, bridges, and an application is being filed with the olis, Ind. 46208. Authority sought to expressways within the city of New York New York: Public Service Commission for operate as a common carrier, by motor serving no intermediate points, (3) permanent authority to and from said vehicle, over irregular routes, transport-

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 NOTICES 6247 ing: Trailers, designed to be drawn by Springs) over Florida Highway 50 in field office to which protests are to be passenger automobiles, in initial move­ special operations. transmitted. ments, from points in Wyandot County, Ohio, to points in the United States By the Commission. • M o t o r C a r r ie r s o f P r o p e r t y (except Alaska and Hawaii). Cs e a l I H . N e il G a r s o n , No. MC 52579 (Sub-No. 58 TA), filed No. MC 124083 (Sub-No. 33), filed Secretary. April 13, 1967. Applicant: GILBERT April 3, 1967. Applicant: SKINNER [F.R. Doc. 67-4264; Filed, Apr. 19, 1967; CARRIER CORP., 441 Ninth Avenue, MOTOR EXPRESS, INC., 1035 South 8 :4 5 a .m .] New York, N.Y. 10001. Applicant’s rep­ Keystone Avenue, Indianapolis, Ind. resentative: Aaron Hoffman (same ad­ 46203. Applicant’s representative: Lee dress as above). Authority sought to M. LeMay, 45 North Pennsylvania Street, FOURTH SECTION APPLICATION FOR operate as a common carrier, by motor Suite 312, Indianapolis, Ind. 46204. Au­ RELIEF vehicle, over irregular routes, transport­ thority sought to operate as a common ing: Wearing apparel, on hangers, and carrier, by motor vehicle, over irregular A p r il 17,1967. wearing apparel, in cartons, when trans­ routes, transporting: Salt, from points in Protests to the granting of an ap­ ported in the same vehicle, between Los Jefferson County, Ky., to points in In­ plication must be prepared in accordance Angeles, Calif., on the one hand, and, on diana on and south of Indiana State with Rule 1.40 of the general rules of the other, Phoenix, Mesa, Alhambra, Highway 28. practice (49 CFR 1.40) and filed within Chandler, Scottsdale, Tempe, Glendale, 15 days from the date of publication of and Tucson, Ariz., for 150 days. Sup­ M o to r C a rrier o f P a s s e n g e r s this notice in the F ed e r a l R e g is t e r . porting shippers: There are approxi­ No. MC 1515 (Sub-No. 115), filed L o n g - a n d -S h o r t H a u l mately 100 statements from supporting March 29, 1967. Applicant: GREY­ shippers, which may be examined here HOUND LINES, INC., 140 South Dear­ FSA No. 40983—Joint motor-rail at the Interstate Commerce Commission, born Street, Chicago, 111. 60603. Au­ rates—Middlewest Motor Freight. Filed in Washington, D.C., or at the Field Of­ thority sought to operate as a common by Middlewest Motor Freight Bureau, fice listed below. Send protests to: Paul carrier, by motor vehicle, over regular agent (No. 383), for interested carriers. W. Assenza, District Supervisor, Inter­ routes, transporting: Passengers and Rates on property moving on class and state Commerce Commission, Bureau of their baggage, express, and newspapers commodity rates over joint routes of Operations, 346 Broadway, New York, in the same vehicle with passengers, (1) applicant rail and motor carriers, be­ N.Y. 10013. between Hillsville, Va., and junction U.S. tween points in middlewest territory; be­ No. MC 56409 (Sub-No. 4 TA), filed Highway 460 and the West Virginia tween points in middlewest territory, on April 12, 1967. Applicant: MAJOR Turnpike near Princeton, W. Va.; from the one hand, and points in Central TRANSPORT, INC., Post Office Box 204, Hillsville, over Virginia Highway 100 to States and southwestern territories, on Palmyra, Wis. 53156. Applicant’s repre­ junction Interstate Highway 81 (4 miles the other. sentative: John T. Porter, 708 First Na­ south of Pulaski, Va.), thence over Inter­ Grounds for relief—Motor-truck com­ tional Bank Building, Madison, Wis. state Highway 100 (2 miles south of Dub­ petition. 53703. Authority sought to operate as lin, Va.), thence over Virginia Highway Tariff—Supplement 14 to Middlewest a common carrier, by motor vehicle, over 100 to junction U.S. Highway 460, at Motor Freight Bureau, agent, tariff MF- irregular routes, transporting: Dry fer­ Pearisburg, Va., thence over U.S. High­ ICC 498. tilizer and fertilizer materials, in bags way 460 to junction West Virginia Turn­ By the Commission. and in bulk, from Whitewater, Wis., to pike near Princeton, W. Va., as an al­ points in Allamakee, Benton, Black ternate route serving no intermediate [ s e a l ] H . N e il G a r s o n , Hawk, Bremer, Buchanan, Cedar, Chick­ points; (2) between Stephens City, Va., Secretary. asaw, Clayton, Clinton, Delaware, Des and junction U.S. Highway 50 and 340 [F.R. Doc. 67-4361; Filed, Apr. 19, 1967; Moines, Dubuque, Fayette, Henry, near Boyce, Va.; from Stephens City, 8:4 9 a.m .] Howard, Iowa, Jackson, Johnson, Jones, over Virginia Highway 277 to junction Keokuk, Lee, Linn, Louisa, Muscatine, U.S. Highway 340, at Double Tollgate, [Notice 368] Scott, Tama, Washington, and Winne­ thence over U.S. Highway 340 to junction shiek Counties, Iowa, for 150 days. Sup­ U.S. Highway 50 near Boyce, Va., as an MOTOR CARRIER TEMPORARY porting shipper: Federal Chemical Co., alternate route serving no intermediate AUTHORITY APPLICATIONS State Road 59, Post Office Box 237, points; (3) between Cocoa and Titusville, Whitewater, Wis. 53190. Send protests Fla.; from Cocoa over Florida Highway A p r il 17,1967. to: W. F. Sibbald, Jr., District Super­ 520 to Merritt Island, thence over Florida The following are notices of filing of visor, Interstate Commerce Commission, Highway A1A to junction Florida applications for temporary authority un­ Bureau of Operations, 135 West Wells Highway 401, near Cocoa Beach, der section 210a (a) of the Interstate Street, Room 807, Milwaukee, Wis. 53203. thence over Florida Highway 401 to Commerce Act provided for under the No. MC 75981 (Sub-No. 9 TA), filed junction Florida Highway 528, thence new rules of Ex Parte No. MC 67 (49 April 11, 1967. Applicant: WATT over Florida Highway 528 to junction CFR Part 240) published in the Federal TRANSPORT, INC., 15 Army Road, Florida Highway A1A, thence over Flor­ Register, issue of April 27,1965, effective Providence, R.I. 02905. Applicant’s rep­ ida Highway A1A to junction Florida July 1 , 1965. These rules provide that resentative: Russell B. Cumett, 36 Cir­ Highway 402, thence over Florida High­ protests to the granting of an application cuit Drive, Edgewood Station, Provi­ way 402, to Titusville, as an alternate must be filed with the field official named dence, R.I. 02905. Authority sought to route serving no intermediate points; (4) in the Federal Register publication, operate as a common carrier, by motor between Lake Wales, Fla. and junction within 15 calendar days after the date vehicle, over irregular routes, transport­ U.S. Highway 27 and Florida Highway of notice of the filing of the application ing: Pig iron, in bulk, in dump-type ve­ 17A, over Florida Highway 17A, with is published in the Federal Register. hicles, from Providence, R.I., to points service to the Singing Tower and Moun­ One copy of such protest must be served in Connecticut, Maine, Massachusetts, tain Lake Sanctuary over an unnumbered on the applicant, or its authorized repre­ New Hampshire, Rhode Island, and Ver­ highway and to the Great Masterpiece sentative, if any, and the protests must mont, for 180 days. Supporting shipper: over an unnumbered highway in special certify that such service has been made. Associated Metals & Minerals Corp., 733 operations; (5) between junction un­ The protest must be specific as to the Third Avenue, New York, N.Y. Send numbered highway and Florida Highway service which such protestant can and protests to: Gerald H. Curry, District 17 and the Passion Play Amphitheater will offer, and must consist of a signed Supervisor, Bureau of Operations, Inter­ over unnumbered highway in special op­ original and six copies. state Commerce Commission, 187 West­ A copy of the application is on file, and eration; and (6) between Brooksville, minster Street, Providence, R.I. 02903. can be examined at the Office of the No. MC 77424 (Sub-No. 30 TA), filed Fla., and junction Florida Highway 50 Secretary, Interstate Commerce Commis­ April 12, 1967. Applicant: WENHAM and U.S. Highway 19 (Week! Wachee sion, Washington, D.C., and also In the TRANSPORTATION, INC., 3200 East

FEDERAL REGISTER, VOL. 32, NO. 76— THURSDAY, APRIL 20, 1967 6248 NOTICES

79th Street, Post Office Box 6931, Cleve­ by motor vehicle, over irregular routes, proceedings within 20 days from the date land, Ohio 44104. Applicant’s represent­ transporting: Household goods, between of publication of this notice. Pursuant ative: J. G. Bamer (same address as Clarksville, Tenn., and points in Obion, to section 17(8) of the Interstate Com­ above). Authority sought to operate as Dyer, Gibson, Crockett, Carroll, Madi­ merce Act, the filing of such a petition a common carrier, by motor vehicle, over son, Henderson, Decatur, Weakley, Ches­ will postpone the effective date of the irregular routes, transporting: Farm ter, Hardin, Wayne, Lawrence, Lewis, order in that proceeding pending its -dis­ machinery and farm machinery parts, Perry, Hickman, Humphreys, Benton, position. The matters relied upon by from Coldwater, Ohio, to points in In­ Henry, Houston, Stewart, Montgomery, petitioners must be specified in their peti­ diana located south of U.S. Highway 24, Dickson, Davidson, Williamson, Maury, tions with particularity. for 180 days. Supporting shipper: Avco Marshall, Lincoln, Giles, Bedford, Coffee, No. MC-FC-69387. By order of April New Idea Farm Equipment Division, Warren, Cannon, Wilson, Cheatham, 14, 1967, the Transfer Board approved Coldwater, Ohio. Send protests to: Dis­ Sumner, Macon, Putnam, Smith, Jack- the transfer to Cowboy Van Lines, Inc., trict Supervisor C. J. Baccei, Interstate son, Clay, White, De Kalb, Rutherford, 2784 Xanadu Street, Aurora, Colo., 80101, Commerce Commission, Bureau of Op­ Trousdale, Robertson, Moore, and Lake of that portion of the operating rights of erations, 435 Federal Building, Cleveland, Counties, Tenn.; Warrick^ Spencer, and R. T. Hanson, Box 561, 121 East Sixth Ohio 44114. Vanderburgh Counties, Ind., including Street, Lexington, Nebr. 68850, in cer­ No. MC 126738 (Sub-No. 1 TA), filed Evansville, Ind.; and Fulton, Hickman, tificate No. MC-55895, issued October 18, April 11, 1967. Applicant: CENTER Carlisle, Graves, Calloway, McCracken, 1949, in certificate No. MC-55895, author­ DISTRIBUTING COMPANY, 78th and Ballard, Marshall, Lyon, Livingston, izing the transportation of household Serum, Ralston, Nebr. 68051. Appli­ Caldwell, Trigg, Logan, Christian, goods, over irregular routes, between cant’s representative: Clayton H. Shrout, Hopkins, Todd, Muhlenberg, McLean, Cozad, Nebr., and points in Nebraska 1004 City National Bank Building, Webster, Henderson, Daviess, Union, within 25 miles of Cozad, on the one Omaha, Nebr. Authority sought to op­ Hancock, Breckenridge, Meade, Hardin, hand, and, on the other, points in Iowa, erate as a contract carrier, by motor ve­ Hart, Edmonson, Warren, Barren, Allen, Kansas, and Colorado. hicle, over irregular routes, transporting: Simpson, Grayson, Ohio, Butler, Monroe, No. MC-FC-69388. By order of Bottled and canned beverages and syrup Crittenden, Larue, Green, and Metcalf April 14, 1967, The Transfer Board ap­ (except alcoholic and malt beverages), Counties, Ky.; for 180 days. Supporting proved the transfer to Cowboy Van Lines, from Oskaloosa, Iowa, to points in Adair, shippers: Four Winds Forwarding, Inc., Inc., 2784 Xanadu Street, Aurora, Colo. Des Moines, Carroll, Linn, Scott, Polk, Alexandria, Va., and Purchasing and 80101, of that portion of the_operating Dubuque, Emmet, Cerro Gordo, Wood­ Contracting Branch, Fort Campbell, Ky. rights of J. S. Byard, 330 East Willow bury, Black Hawk, and Webster Counties, Send protests to: District Supervisor Street, Enid, Okla. 73701, in certificate Iowa; Shawnee, Montgomery, Ford, J. E. Gamble, Bureau of Operations, In­ No. MC-40494, issued August 18, 1958, Lyon, Rice, Marshall, Decatur, Franklin, terstate Commerce Commission, 706 authorizing the transportation of house­ Crawford, Saline, and Sedgwick Coun­ U.S. Courthouse, Nashville, Tenn. 37203. hold goods, over irregular routes, between ties, Kans.; Douglas, Lancaster, Hall, No. MC 129013 TA, filed April 12, 1967. points in Harper, Grant, Alfalfa, Gar­ Adams, Richardson, Lincoln, Box Butte, Applicant: DOUGLAS SHIPLEY AND field, and Major Counties, Okla., on the and Madison Counties, Nebr.; and Bu­ CARL SHIPLEY, a partnership, doing one hand, and, on the other, points in chanan, St .Louis, Scotland, Jackson, business as SHIPLEY BROTHERS, Missouri, Kansas, Texas, and Arkansas, Gentry, Linn, Cape Girardeau, Boone, Tazewell, Tenn. 37879. Applicant’s rep­ and between points in Woods and Wood­ Dunklin, Greene, Pettis, Franklin, Jasper, resentative: C. Howard Bozeman, 714 ward Counties, Okla., on the one hand, St. Francois, and Clay Counties, Mo.; and Hamilton Bank Building, Knoxville, and, on the other, points in Kansas. the city of St. Louis, Mo., for 180 days. Tenn. 37901. Authority sought to oper­ No. MC-FC-69407. By order of Supporting shipper: Pepsi-Cola Bottling ate as a contract carrier, by motor ve­ April 14, 1967, the Transfer Board ap­ Co., City Route 63 South, Oskaloosa, hicle, over irregular routes, transporting: proved the transfer to Cowboy Van Lines, Iowa 52577. Send protests to: Keith P. Alfalfa pellets, chopped hay, and hay Inc., 2784 Xanadu Street, Aurora, Colo. Kohrs, District Supervisor, Bureau of commodities, from Blissfield and Erie, 80101, of that portion of the operating Operations, Interstate Commerce Com­ Mich., to Vero Beach and points in Hills­ rights of Ivan Shire, Jefferson, Okla. mission, 705 Federal Office Building, boro County, Fla., for 180 days. Sup­ 73748, in certificate No. MC-74669, issued Omaha, Nebr. 68102. porting shipper: Consolidated Mills, Inc., June 9, 1941, authorizing the transpor­ No. MC 128976 (Sub-No. 1 TA), filed Blissfield, Mich. Send protests to: J. E. tation, over irregular routes,' of house­ April 12, 1967. Applicant: DON Gamble, District Supervisor, Bureau of hold goods, between points in Grant THOMPSON, doing business as WOOD­ Operations, Interstate Commerce Com­ County, Okla., and points within 30 miles LAND ELEVATOR, South Main Street, mission, 706 U.S. Courthouse, Nashville, of Grant County, on the one hand, and, Woodland, Mich. 48897. Authority Tenn. 37203. on the other, points in Kansas. sought to operate as a contract carrier, By the Commission. No. MC-FC-69527. By order of April by motor vehicle, over irregular routes, 14, 1967, the Transfer Board approved transporting: Processed meat and bone [seal] H. Neil Garson, the transfer to Blue Bus Lines, a corpo­ scraps, in bulk, to be used as animal Secretary. ration, Trenton, N.J., of the operating or poultry feed ingredients, from Fort [F.R. Doc. 67-4362; Filed, Apr. 19, 1967; rights in certificate No. MC-94858, is­ Wayne,Ind., to Battle Creek and Millett, 8:4 9 a.m .] sued December 6, 1962, to Service Bus Mich., for 180 days. Supporting shipper: Co., Inc., Yonkers, N.Y., authorizing the Ralston Purina Co., Grocery Products transportation of: Passengers and their Division, Post Office Box 197, Battle [Notice 1507] baggage, restricted to traffic originating Creek, Mich. 49106. Send protests to: MOTOR CARRIER TRANSFER at the point indicated, in charter op­ C. R. Flemming, District Supervisor, PROCEEDINGS erations, from New York, N.Y., to Savin Bureau of Operations, Interstate Com­ Rock and Roton Point, Conn., points merce Commission, 221 Federal Build­ April 17,1967. hi New Jersey, points in Pennsylvania ing, Lansing, Mich. 48933. Synopses of orders entered pursuant to east of the Susquehanna River, and No. MC 129012 TA, filed April 12, 1967. section 212(b) of the Interstate Com­ points in Dutchess, Orange, Putnam, Applicant: FLEMING TRANSFER & merce Act, and rules and regulations pre­ Rockland, Sullivan, Ulster, and West­ STORAGE CO., INC., 301 Walker Street, scribed thereunder (49 CFR Part 179), chester Counties, N.Y., and return. Ed­ Post Office Box 372, Clarksville, Tenn. appear below: ward F. Bowes, 1060 Broad Street, New­ 37040. Applicant’s representative: Har­ As provided in the Commission’s spe­ ark, N.J. 07102, attorney for transferee. old Seligman, 1204-1808 West End Build­ cial rules of practice any interested per­ Sidney J. Leshin, 501 Madison Avenue, ing, Nashville, Tenn. 37203. Authority son may file a petition seeking recon­ New York, N.Y. 10022, attorney for sought to operate as a common carrier, sideration of the following numbered transferor.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 x NOTICES 6249 No. MC-FC-69534. By order of April 1776 Broadway, New York, N.Y. 10019, (b) Effective date. This order shall 11, 1967, the Transfer Board approved attorney for transferor. become effective at 11:59 p.m., April 17, the transfer to Oliver E. Cote, doing [ s e a l ] H . N e i l G a r s o n , 1967. business as North Shore Vans and Little Secretary. It is further ordered, That this order Neck Moving & Storage, Wantaugh, N.Y., shall be served upon the Association of of that portion of certificate No. MC- [F.R. Doc. 67-4363; Filed, Apr. 19, 1967; 8 :4 9 a .m .] American Railroads, Car Service Divi­ 19625, issued November 12, 1965, to sion, as agent of all railroads subscribing Thomas Connor, doing business as North [4th Rev. S.O. 562, ICO Order No. 214-A] to the car service and per diem agree­ Shore Vans and Little Neck Moving & ment under the terms of that agreement, Storage, Whitestone, N.Y., authorizing ST. JOHNSBURY & LAMOILLE and by filing it with the Director, Office the transportation of: Household goods, COUNTY RAILROAD of the Federal Register. as defined by the Commission, between New York, N.Y., on the one hand, and, Rerouting and Diversion Traffic Issued at Washington, D.C., April 17, on the other, points in Connecticut, New Upon further consideration of ICC 1967. York, Massachusetts, New Jersey, Penn­ Order No. 214 (St. Johnsbury & Lamoille I n t e r s t a t e C o m m e r c e sylvania, Delaware, Maryland, West Vir­ County Railroad) and good cause ap­ C o m m i s s i o n , ginia, Rhode Island, Ohio, and the Dis­ pearing therefore: [ s e a l ] R. D. P f a h l e r , trict of Columbia. Harold Hyman, 163- It is ordered, That: Agent. 18 Jamaica Avenue, Jamaica, N.Y. 11432, (a) ICC Order No. 214 be, and it is [FJl. Doc. 67-4364; Filed, Apr. 19, 1967; attorney for transferee. Alvin Altman, hereby vacated and set aside. 8:4 9 a.m .]

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.

3 CFR P a g e 3 CFR—Continued Page 7 CFR—Continued Page Proclamations : E x e c u t iv e O rd e r s—Continued P r o p o se d R u l e s : 3279 (modified by Proc. 3779) _ 5919 11031 (superseded by EO 27 ------6035 3290 (see Proc. 3779)______5919 11342)------5827 28 ------6035 3328 (see Proc. 3779)______5919 11340 ------5453 301------5807 3386 (see Proc. 3779)______5919 11341 ------5765 319 ------5807 3389 (see Proc. 3779)______5919 11342 ------5827 320 ------5555 3509 (see Proc. 3779)______5919 11343 ------6085 730------6196 3531 (see Proc. 3779)______5919 11344 ------6173 908—------5628 3541 (see Proc. 3779)______5919 911------6205 3693 (see Proc. 3779)______5919 5 CFR 915------6206 3773 ------5491 958_------5629 3774 ------5539 213------5455, 5671, 5768, 5979, 6087 511------5455 989------5690 3775 ------5761 991 ------5838 3776 ------5763 534------;------5455 550------992 ------5514 . 3777------_____------5915 5768 993 ------5556 3778------______5917 7 CFR 1001__------5694 3779_------5919 1002------5694 3780------6125 1------5458 1003 ------_:______5694 E x e c u t iv e O rd e r s : 17------5977 1004 ------5694, 5876 Dec. 19, 1910 (revoked in part 29------5979 1005 ------5695 by PLO 4182)______5836 52------5979 1008------5695 Dec. 20, 1916 (revoked in part 354------6019 1009------5695 by PLO 4191)______6096 701------5619 1011------5695 5384 (revoked by PLO 4188)_ 5837 718------5493 1012 ------5472, 6206 6583 (revoked in part by PLO 722------5671,6127 1013 ------5472 4190)------6095 751------5767 1015 ------5694 6783 (superseded by EO 775------6127 1016 ------5694 11342) — _____ 5827 777------6127 1030 ------6035 7743 (amended by PLO 4194) _ 6138 814------6188 1031 ------5695, 6035 7921 (superseded by EO 862------5458 1032 ------5695 11342)------5827 907------5461, 5729, 6019 1033 ------5695 9213 (superseded by EO 908 ----- 5461, 5619, 5729, 5829, 6019, 6128 1034 ------5695 11342)------5827 910 ----- 5494, 5495, 5730, 5829, 6020, 6087 1035 ------5695 9741 (superseded by EO 9 1 1 ------10365 7 3------0 5695 11342)------5827 912—------5462, 5730, 6020 1038 ------5695, 6035 9890 (superseded by EO 917------5543 1039 ------5695, 6035 11342)------5827 944------573! 1040_------5695 10134 (superseded by EO 959------6087 1041------5695 11342)----- 5827 989------5921 1043 ------5695 10541 (superseded by EO 1044 ------5695, 6035 11342)------5827 1201------6128 1045 ------5695, 6035 10589 (superseded by EO 1421_------5462, 5767, 5829, 6021 1046 ------5695 11342)------5827 1427------5462, 5671 1047 ------5695 10767 (superseded by EO 1430— ------5767 11342)---- 5827 1048 ---- 5695 1481------5462 1049 -- 5695

No. 7< -11 FEDERAL REGISTER, VOL. 3 2 , N O . 7 6 — THURSDAY, APRIL 2 0 , 1 9 6 7 6250 FEDERAL REGISTER 7 CFR— Continued Page 13 CFR Page 21 CFR Page Proposed Rules—Continued 106______5672 8------6131,6186 1050 ______5695 109 _____ 6088 18------6024 1051 ______5695, 6035 110 ______6090 19 ------S------6024 1060______5696 119______5988 20 ------6024 1062 ______5695 121______5495, 5620, 6175 25------•------6024 1063 ______5695 P r o p o se d R u l e s : 31______5922, 6024 1064 ______5695 107______6101 45------5922 1065-______5629, 5696 121______5516 80------5736 1066 ______5629, 5696 120 ______5547, 5772, 6132 1067 ___ _.______5695 14 CFR 121 ------5455, 1068 ______5695 5547, 5548, 5674, 5675, 5772, 5773, Ch. I______5769 5922,6132,6186,6187. 1069 ______£ ______5696 11______5770 1070 ______- ______5695 138------6187 23______5984 148w______5774 1071 ______:______5695 39 ____ _ '_ _ _ _ 5463 1073______5638, 5696 5464, 5496, 5543-5545, 5676, 573l] 191------5456 1075 ______5696 5771, 5830, 5921, 5984, 5985, 6022, P roposed R ules : 1076 _____ 5638, 5696 6091, 6184, 6185. 3______5560 1078 ______5695 61______5770, 5985 27------;______6144 1079 _r______5639,5695 65_____ 5770 120______6059 1090______5695 71______— — 5465, 131______5560 1094______„_____ 5694 5497, 5677, 5732, 5768, 5769, 5831, 166___ 5933 1096 ______5694,6054 5988, 6022, 6185. 1097 ______- _____ 5695 191_____ „______... 5561, 5562 73_____1__ - 5497, 5545, 5546, 6128, 6186 1098 ______5695 75______5831, 598822 CFR 1099 ______5695 97______5678, 598041______5620 1101 ______5695 121______5985 126______5456 1102 ____ 5695 141______5770 í 103_____ 5694 147______5770 23 CFR 1104______5695 181______5546 1106______5695 215______5832 208______6022 255______5498, 5499 1108______5695 224______5546 1120______5695 295______5732 24 CFR 1125 ______5696, 5838387— ______6128 1126 ______5695 200______._____ 5681 1127 ______5695 P r o p o se d R u l e s ^ 1128______5695, 5696, 6206 21______6098 25 CFR 1129 ______5695 23______5698, 579141______5621 1130 ______5695 37______5788 221______5621 1131 ______5696 39______5808, 5939, 5996, 6099 Proposed R ules: 1132 ______5695 45____ 5997 1133 ______5640, 5696 61______5740 . 161____ 5512 1134 ______5696, 6206 71______5472, 26 CFR 1136 ______5696 5473,5706,5997, 5998, 6060, 6061, 1— ___ 5923 1137 ______5640,5696 6145,6207,6208. 49______5457 1138 ______5695 73______6207 P roposed R ules: 1205______5696 75______5473, 5706 91______5559 1______5993 8 CFR 243______5562 601______5838 242______5619 288______5564 29 CFR 336______5619 399______5564, 5642 4______5775 9 CFR 15 CFR 6______6133 526______1______5775 97______6021 201______5547 230______'______6129 601 ______5465 327____ 6087 602 ______5465 340____ 6021 373______6130 379______6130 603 ______5466 385______6130 604 ______*____ 5466 10 CFR 606______— 5466, 5979 Proposed Rules: 16 CFR 609 ______5466 30______6099 610 ______5466 13__%._____ 5734, 5735, 5990, 5991, 6130 611 ______5466 40______6099 15______5620, 6023 50______5562, 6099 612 ______5467, 5979 301 ______6023 613 _ 5467 70______6099 302 ______6091 115______5562 614 ______5467 170______6099 615 ______5467 17 CFR 616 ____ 5467 12 CFR P r o p o se d R u l e s : 619______5467 14______6022 240______5808 657______5467 211______6195 249______5808 661______5468 224______6195 670 ______5468 531______5830 18 CFR 671 ______5468 640______5543 1— ______5771 672______r______5468 2___ 5990 673______:______„____ 5468, 5979 Proposed Rules: 157______5990 675______5469 207______6210 677 ______5469 210______6210 P r o p o se d R u l e s : 678 ______5469 218______5849 154______6100 683______1______— _ 5469 545______6209 260______6100 687—______5469 5 6 2 .______5999 702______5939 688______5470 FEDERAL REGISTER 6251 29 CFR— Continued Page 32A CFR Pase 43 CFR—Continued Page I): OEP (Ch. P u b l ic L an d O r d e r s—Continued 8540.2______6032 DMO 4184 ------5837 N SA XVIH): (Ch. 4185 ------5837 IN S -1 ------_ 5621 727------5831 4186 ------5837 33 CFR 4187 ------5837 4188— ------5837 203 ------__ 5834, 6137 4190 ------6095 204 ------5834, 6137 1500______t e ___ 6024, 6025, 6136 4191 ------6096 207 ------5685 4 1 9 2 ------6096 P roposed R u l e s : 208 ______5834 4193 R1QA 526------5788 4194------6138 1500------6057, 6102, 6144 36 CFR 1504------6058 7______5771 45 CFR 1604------5999 114------5549

38 CFR 801 ------5470, 5554 31 CFR 46 CFR

39 CFR 160------5499 32 CFR 1 2 2 _ _ ------5 6 8 6 510__ 127------5737 513 R*;nQ 143------5686 540 u i i i 148------5686 3 ■■MB 5506 P r o po se d R u l e s : 6______5508 149______5686 ' 512------5516 41 CFR 47 CFR 1 -3 ------5622

50—204 P r o p o se d R u l e s : 101—32 5SS7 15 ______R145 P r o p o se d R u l e s : 73- 5564, 5566, 5642, 5740, 6099, 6147 50—20 4 5a4Q 49 CFR------5606 42 CFR 173______Rf?24 P r o p o se d R u l e s : 195------5931, 6033 81------______5514 197------5931 1001------5781 1002 ------5782 43 CFR 1003 -|H______5782 2230______6194 1004------5786 2240------5689 50 CFR 1006------5787 P u b l ic L a n d O r d e r s : 33______5628 1007------5787 4 1 7 9 5QQR 5627, 5689, 5738, 5739, 5835, 6034,’ 1053------5787 6096,6143. 1055------1______5787 1453------5457, 6095 4182 ------5836 P r o po se d R u l e s : 1498------5457 4 1 8 3 r (¡99 10...... 5628, 6196

KNOW ^ ^ ■ y o u r ; GOVERNMENT U.S. GOVERNMENT ORGANIZATION MANUAL 1966-67 EDITION

The United States Presents authoritative information about Government agencies (updated and republished annually). Government Describes the creation and authority, organization, and func­ Organization Manual tions of the agencies in the legislative, judicial, and executive is the official guide branches. to the functions of the This handbook is an indispensable reference tool for teachers, Federal Government librarians, scholars, lawyers, and businessmen who need cur­ rent official information about the U.S. Government.

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