Pages 3187-3218 FEDERAL« REGISTER

VOLUME 29 1934 NUMBER 48 4 O/Vjt EO ^ Washington, Tuesday, March 10, 1964

Contents

Proposed Rule Making Mid-America Food Service, Inc., et al______3196 THE PRESIDENT Domestic public land mobile radio Modern Handcraft, Inc., et al— 3193 EXECUTIVE ORDER service; dispatch stations------3204 National Home Supply Co., Inc., Providing for a curator of the Notices et al______3191 White House and establishing a Hearings, etc.: / Tranex Scientific, Inc., et al----- 3191 committee for the preservation A -l Radio-TV_-— ...... 3209 Tyrex, Inc., et al------3191 of the White House------3189 Copper Country Broadcasting Wilson’s of California, Inc., et Co. (WMPL) and Upper al______3192 Michigan Broadcasting Co. EXECUTIVE AGENCIES (WHDP)______3209 FOREIGN ASSETS CONTROL Eaton County Broadcasting Co. AGRICULTURAL MARKETING Notices (WCER) and Flat River Camel hair; importation from SERVICE Broadcasting Co. (WPLB)___ 3209 Herring, Larry E------3210 Outer Mongolia------3207 Proposed Rule Making WXXX, Inc. (WXXX)______3210 Milk handling in certain mar­ INTERIOR DEPARTMENT keting areas; extension of time See also Oil Import Administra­ for filing exceptions (3 docu­ FEDERAL MARITIME tion. ments) ______3205, 3206 COMMISSION Notices AGRICULTURE DEPARTMENT Notices Imports of residual fuel oil to be Agreements filed for approval: used as fuel; District I; maxi- See Agricultural Marketing Serv­ American Mail Line, Ltd., et al— 3210 - mum level------3207 ice. American President Lines, Ltd., and Nedlloyd Hoegh Lines— 3210 INTERNAL REVENUE SERVICE ARMY DEPARTMENT N. V. Nedlloyd Lijnen and Alcoa Rules and Regulations Rules and Regulations Steamship Co., Inci------3210 Employment tax; credit reduc­ National Guard regulations; com­ Pacific Coast Committee of In­ ward Trans-Pacific Steamship tions—______—------3198 missioned officers______3199 Income tax; extension of time for Lines__Z_-___ 3211 for filing consents to election by CIVIL AERONAUTICS BOARD Pacific Westbound Conference— 3211 Trans-Pacific Freight Confer­ small business corporation— „ 3197 Notices ence of Japan______3211 Hearings, etc.: INTERNATIONAL COMMERCE Air Gaspe, Inc______- 3208 FEDERAL POWER COMMISSION BUREAU American Express Co______3208 Transportes Aeros Benianos, Notices Notices S.A______; _____ 3209 Hearings; etc.: Cremer, Josef; order denying ex­ Alabama Power Co------3213 port privileges for an indefinite COMMERCE DEPARTMENT Fogelson, E. E., et al______3213 period______3207 Fords-Brook Drilling Co—------3212 See International Commerce Bu­ INTERSTATE COMMERCE reau. Transwestem Pipeline Co. et al______3214 COMMISSION d efen se d e p a r t m e n t Rules and Regulations See Army Department. FEDERAL TRADE COMMISSION Annual Report Form H (Express Companies)------3203 FEDERAL COMMUNICATIONS Rules and Regulations Annual Report Form G (Electric Prohibited trade practices: Railways)______3203 COMMISSION Bali Brassiere Co., Inc., et al— 3193 Notices Rules and Regulations Clin-Tex Products Corp. et al—_ 3194 Domer, Charles R., et al______3194 Motor carrier transfer proceed­ Organization: ings______3216 Authority delegated______3202 Geinopolos, John, and Sun Dis­ Functions of office______3202 tributing Co______3196 (Continued on next page) 3187 3188 CONTENTS

LABOR DEPARTMENT SECURITIES AND EXCHANGE TREASURY DEPARTMENT See Wage and Hour Division. COMMISSION See Foreign Assets Control; In­ ternal Revenue Service. OIL IMPORT ADMINISTRATION Notices American Electric Power Co., Inc.; Rules and Regulations allocation of tax liabilities___ _ 3211 Oil import regulation; residual WAGE AND HOUR DIVISION fuel oil______3200 TARIFF COMMISSION Proposed Rule Making PUBLIC ADVISORY COMMITTEE Notices Driver salesman______3206 FOR TRADE NEGOTIATIONS Investigation and hearings: Notices Umbrellas and parts of umbrel­ Certificates authorizing employ­ Rules and Regulations las______.____ 3215 ment of learners at special mini­ Establishment and functions------3202 Unmanufactured lead and zinc. 3215 mum rates______3217

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, 1964, and specifies how they are affected. 3 CFR 1064. 3205 1134— ______3206 1065. 3206 1135______3206 EXECTTTIVE ORDER: ___ 3189 1066. 3206 1136______SUffiT' ____ 3206 11145______1067. 3205 1137 ______3206 1068. 3205 1138______„ ______3206 7 CFR 1069. 3205 P ropose» R ules : 1070. 3205 16 CFR 1003___ :______3205 1071. 3206 13 (10 documents)____ 3191-3194,3196 1005______3205 1072. 3206 1008______^ 3205 1073. 3206 26 CFR 1009______i__ — ___ 3205 1074. 3206 1011______3205 1075. 3206 i ______3197 1013______3205 1076. 3206 31- — ______■ ■ 3198 1016-______3205 1078. 3205 1030-______. 3205 1079. 3205 29 CFR 1031 ______3205 1090. 3205 P roposed R ules : 1032 (2 documents) ó. 3205, 3206 1094. 3205 541______- 3206 1033 ______3205 1096. 3205. 1034 ______— ___ 3205 1097. 3205 32 CFR 1035 ______3205 1098. 3205 1036— ______3205 • 1099. 3205 564______[ S it e / .. — 3199 1037 ______3205 1101. 3205 1038 ______3205 1102. 3205 32A CFR 1039 ______3205 1103. 3205 3206 OIA (Ch. X ) : 1040 ______3205 1104. OI Reg. 1—______3200 1041 ______3205 1105. 3205 1042 ...... ' 3205 1106. 3206 1043 ______3205 1107. 3205 47 CFR 1044—______3205 1108. 3205 0 (2 documents)______3202 1045 ______3205 1120. 3206 3206 P roposed R ules : 1046 ______3205 1125. 21 — 3204 1047 ______3205 1126. 3206 1048 ______3205 1127. 3206 1049 ______3205 1128. 3206 48 CFR 1050 ______3205 1129 3206 __ 3202 1051—______3205 1130. 3206 4 3206 1061______3205 1131. 49 CFR 1062— ______3205 1132. 3206 3203 1063______3205 1133 3206 120 (2 documents) —

1 1 1 1 1 7 0 1 1 W # n C r i C T C B Published daily, except Sundays, Mondays, and days following official Federal boUdays» r r i l r llj-i f jaMPaitiF.IIITv I r li by the Office of the Federal Register, National Archives and Records Service, General ■ i(fes Admlnistration( pursuant to the authority contained in the Federal Begister Act Telephone WOrth 3~3261 approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulatio^ prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only y Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. \ movable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per y > money advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit cnee* order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. titles pur- The regulatory material appearing herein is keyed to the Code or F ederal R egulations, which is published, under guDerln- suant to section 11 of the Federal Register Act, as amended August 5, 1953. The Code op F ederal R egulations is sold y tendent of Documents. Prices of books and pocket supplements vary. wvgulations. There are no restrictions on the republication of material appearing in the F ederal R egister, or the Code op federal tu Presidential Documents Title 3— THE PRESIDENT Executive Order 11145 PROVIDING FOR A CURATOR OF THE WHITE HOUSE AND ESTAB­ LISHING A COMMITTEE FOR THE PRESERVATION OF THE WHITE HOUSE WHEREAS the White House, as the home of the highest elective officer of the United States —symbolizes the American ideal of responsible self-government —is emblematic of our democracy and our national purpose —has been intimately associated with the personal and social life of the Presidents of the United States and many of their official acts —occupies a particular place in the heart of every American citizen, and WHEREAS certain historic rooms and entranceways in the White House —possess great human interest and historic significance —traditionally have been open to visitors —have provided pleasure and patriotic inspiration to millions of our citizens —have come to be regarded as a public museum and the proud pos­ session of all Americans, and WHEREAS the Congress by law (Act of September 22,1961), (75 Stat. 586) has authorized the care and preservation of the historic and artistic contents of the Wliite House and has given the President certain responsibilities with regard thereto: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows : S ection 1. (a) There shall be in the White House a Curator of the White House. The Curator shall assist in the preservation and protection of the articles of furniture, fixtures, and decorative objects used or displayed in the principal corridor on the ground floor and the principal public rooms on the first floor of the White House, and in such other areas in the White House as the President may designate. -^v (b) The Curator shall report to the President and shall make rec­ ommendations with respect to the articles, fixtures, and objects to be declared by the President, under section 2 of the Act of September 22, 1961, to be of historic or artistic interest. S ec. 2. There is hereby established the Committee for the Preserva­ tion of- the White House, hereinafter referred to as the “Committee”. The Committee shall be composed of the Director of the National Park Service, the Curator of the White House, the Secretary of the Smithsonian Institution, the Chairman of the Commission of Fine Arts, the Director of the National Gallery of Art, the Chief Usher of the White House, and seven other „members to be appointed by the President. The Director of the National Park Service shall serve as Chairman of the Committee and shall designate an employee of that Service to act as Executive Secretary of the Committee. Members of the Committee shall serve without compensation. S ec. 3. (a) The Committee shall report to the President and shall advise the Director of the National Park Service with respect to the discharge of his responsibility under the Act of September 22, 1961, for the preservation and the interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the first floor of the White House. Among other things, 3190 THE PRESIDENT the Committee shall make recommendations as to the articles of furni­ ture, fixtures, and decorative objects which shall be used or displayed in the aforesaid areas of the White House and as to the decor and ar­ rangements therein best suited to enhance the historic and artistic values of the White House and of such articles, fixtures, and objects. (b ) The Committee shall cooperate with the White House Historical Association, a nonprofit organization heretofore formed under the laws of the District of Columbia. (c) The Committee is authorized to invite individuals who are dis­ tinguished or interested in the fine arts to attend its meetings or other­ wise to assist in carrying out its functions. V S ec. 4. Consonant with law, each Federal department and agency represented on the Committee shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). The Department of the Interior shall furnish necessary administrative services for the Committee. L yndon B. J ohnson T he W hite H ouse, March 7^196^. [F.R. Doc. 64-2387; Filed, Mar. 9, 1964; 10:25 a.m.]

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/ Rules and Regulations

are awarding, or will award, prizes, un­ 1. Disseminating, or causing the dis­ Title 16-COMMERCIAL less respondents establish that such con­ semination by means of the United tests were conducted in good faith and Spates mails or by any means in com­ PRACTICES the prizes were awarded as promised. merce, as “commerce” is defined in the It is further ordered, That the re­ Federal Trade Commission Act, any ad­ Chapter I— Federal Trade Commission spondents herein shall, within sixty (60) vertisement which represents directly or [Docket No. C-711] days after service upon them of this or­ by implication: der, file with the Commission a report in (a) That the use of the Tranex device pART 13— PROHIBITED TRADE writing setting forth in detail the man­ is of value in stopping bed-wetting or PRACTICES ner and form in which they have com­ correcting enuresis; unless such adver­ plied with this order. tisement is expressly limited in a clear National Home Supply Co., Inc., et al. Issued: February 13,1964. and conspicuous manner to cases of Subpart—Misrepresenting oneself and enuresis or bed-wetting not caused by goods—Goods: § 13.1705 Prize contests;* By the Commission. organic defects or diseases. Misrepresenting oneself and goods— [seal! Joseph W. S hea, (b) That respondents’ device has been Prices: § 13.1800 Demonstration reduc­ Secretary. successful in the treatment of over 275,- tions. 000 cases of enuresis or bed-wetting or [FJR. Doc. 64-2265; Filed, Mar. 9, 1964; of any other specified number of cases (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 8:45 a.m.] or apply sec. 5, 38 Stat. 719, as amended; 15 not established by evidence in the pos­ US.C. 45) [Cease and desist order, National session of respondents. Home Supply Co., Inc., et al., Omaha, Nebr., [Docket No. C-710] 2. Disseminating or causing to be dis­ Docket C-711, Feb. 13,1964] seminated, by any means, for the purpose PART 13— PROHIBITED TRADE In the Matter of National Home Supply of inducing, or which is likely to induce, Co., Inc., a Corporation, and Lee Sloan, PRACTICES directly or indirectly, the purchase or and Robert Sloan, Individually, and Tranex Scientific, Inc., et al. lease of respondents’ device, in com­ as Officers of Said Corporation merce, as “commerce” is defined in the Subpart—Advertising falsely or mis­ Federal Trade Commission Act, any ad­ Consent order requiring Omaha, Nebr., leadingly: § 13.170 Qualities or properties vertisement which contains any of the sellers of siding material to the public to of product or service: 13.170-52 Medici­ representations prohibited in Paragraph cease making such false representations, nal, therapeutic, healthful, etc. 1 hereof. directly and through their salesmen, as (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret It is further ordered, That the re­ that buildings of purchasers would be or apply sec. 5, 38 Stat. 719, as amended; spondents herein shall, within sixty (60) used as models to demonstrate and ad­ 15 U.S.C. 45) [Cease and desist order, Tranex days after service upon them of this vertise their siding and that purchasers Scientific, Inc. et al., Chicago, 111., Docket order, file with the Commission a report would receive a reduced price; and that C-710, Feb. 13, 1964] in writing setting forth in detail the buildings would be entered in contests In the Matter of Tranex Scientific, Inc., manner and form in which they have after the siding was installed and win­ a Corporation, and Morton N. Rosen­ complied with this order. ning owners would receive substantial berg, Individually and as an Officer prizes. Issued: February 13, 1964. The order to cease and desist, includ­ of Said Corporation, and Robert T. ing further order requiring report of Mar guar dt, and Dorothy Jean Mar- By the Commission. compliance therewith, is as follows: guardt, Co-Partners, Doing Business as Tranex Scientific of Illinois [seal] Joseph W. Shea, It is ordered, That respondents, Na­ Secretary. tional Home Supply Co., Inc., a corpora­ Consent order requiring concerns in tion, and its officers, and Lee Sloan and Hinsdale, 111., engaged in leasing a de­ [F.R. Doc. 64r-2266; Filed, Mar. 9, 1964; vice designated as “Tranex” for use in 8:45 a.m.] Robert Sloan, individually and as officers cases of enuresis, or bed-wetting, to cease of said corporation, and respondents’ representing falsely in advertisements representatives, agents, and employees, [Docket No. C-713 ] directly or through any corporate or in newspapers, magazines and other media that use of the device would stop PART 13— PROHIBITED TRADE other device, in connection with the bed-wetting and correct the bed-wetting offering for sale, sale or distribution of PRACTICES siding materials and any other product habit in all cases, and had been utilized in commerce, as “commerce” is defined successfully in the treatment of over Tyrex, Inc., et al. in the Federal Trade Commission Act, do 275,000 cases of bed-wetting. forthwith cease and desist from : The order to cease and desist, includ­ Subpart—Combining or conspiring : 1. Representing that respondents will ing further order requiring report of § 13.430 To enhance, maintain or unify use the house or building of any pur­ compliance therewith, is as follows: prices; § 13.431 To exchange future price chaser as a model or for demonstration It is ordered, That respondents, Tranex information.* or other advertising purposes. Scientific, Inc., a corporation, and its (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 2. Representing, directly or by im­ officers, Morton N. Rosenberg, individual­ or apply sec. 5, 38 Stat. 719, as amended; 15 plication that respondents’ merchandise ly and as an officer of said corporation, U.S.C. 45) [Cease and desist order, Tyrex, is being offered at a reduced price, unless and Robert T. Marquardt and Dorothy Inc. (New York, N.Y.), et al., Docket C-713, such price constitutes a reduction from Jean Marquardt, co-partners doing busi­ Feb.13,1964] the price at which such merchandise has ness under the name of Tranex Scien­ In the Matter of Tyrex, Inc., a Member­ been usually and regularly sold by re­ tific of Illinois, and respondents’ repre­ ship Corporation; American Enka spondents in the recent regular course sentatives, agents and employees, di­ Corporation, a Corporation; A. V. C. of their business, or otherwise misrep-. rectly or through any corporate or other Corporation, a Corporation; Beaunit resenting the usual and regular price of device, in connection with the offering Corporation, a Corporation; and Mid- such merchandise. for sale, sale, leasing or distribution of 3. Representing that respondents are a device known as “Tranex” or any other land-Ross Corporation, a Corporation conducting, or will conduct, contests and device which functions in substantially Consent order requiring a membership the same manner, do forthwith cease and corporation—organized in 1958 to for­ ’New. desist from directly or indirectly: mulate standards and promote, Tyrex 3191 3192 RULES AND REGULATIONS rayon tire cord and which, in addition 4. Employing or utilizing Tyrex, Inc.,coats and suits to cease violating the to its promotional activities, certified its or any other medium or agency in any Fur Products Labeling Act by labeling members to use the collective mark way as an instrumentality or aid in per­ to show as “natural” fur which was ar­ “Tyrex” on rayon tire yarn, cord and forming or doing any of the acts or tificially colored; to show falsely that fabric—along with its respondent mem­ practices prohibited by this Order. they had places of busines in Paris and bers which produced almost all the rayon It is further ordered, That nothing Rome, and, by use of the words “Paris” cord used in the manufacture of tires contained in this Order shall be con­ “Rome” and “Design by Ardoni” that fur in the United States, to cease conspiring strued as prohibiting the establishment products were created and styled in to fix and maintain prices and terms of or maintenance of any lawful bona fide Europe; by labeling and invoicing which sale of their products; exchanging agreement, discussions, or other action failed to show the true animal name of through Tyrex or otherwise, information solely between any corporate respohdent fur; by invoicing which failed to disclose as to future prices or price"policies or the and its parent. when fur was dyed or bleached, and the maintenance of current prices, and hold­ It is further ordered, That the re­ country of origin of imported furs; by ing meetings concerned with such pur­ spondents herein shall, within sixty (60) furnishing false guarantees that certain poses; and using Tyrex or any other days after service upon them of this of their fur products were not misbrand­ agency as an instrumentality for per­ order, file with the Commission a report ed, falsely invoiced, or falsely advertised; forming such prohibited acts or practices. in writing setting forth in detail the by substituting non-conforming labels The order to cease and desist, includ­ manner and form in which they have for those originally affixed to fur prod­ ing further order requiring report of complied with this order. ucts and failing to preserve the required compliance therewith, is as follows; records; and by failing in other respects Issued; February 13, 1964. to comply with requirements of the Act. It is ordered, That respondents Tyrex, By the Commission. The order to cease and desist, includ­ Inc., a membership corporation; Amer­ ing further order requiring report of ican Enka Corporation, a corporation; [seal] J oseph W- Shea, compliance therewith, is as follows: A. V. C. Corporation, a corporation; Secretary. Beaunit Corporation, a corporation; and [F.R. Doc. 64-2267; Filed, Mar. 9, 1964; It is ordered, That respondents Wil­ Midland-Ross Corporation, a corpora­ 8:45 a.m.] son’s of California, a corporation, and its tion, and their officers, directors, agents, officers, and Louis Wilson, individually representatives, employees, successors, and as an officer of said corporation, and or assigns, directly or through any cor­ [Docket No. C-714] respondents’ representatives, agents and porate or other device, in connection PART 13— PROHIBITED TRADE employees, directly or through any cor­ porate or other device, in connection with with the production, promotion and sale PRACTICES of rayon tire yam, rayon tire cord, or the introduction, or manufacture for Wilson’s of California, Inc., and introduction, into commerce, or the sale, rayon tire fabric in commerce, as “com­ advertising or offering for Sale in com­ merce” is defined in the Federal Trade Louis Wilson merce, or the transportation or distribu­ Commission Act, forthwith cease and Subpart—Concealing, obliterating or tion in commerce, of any fur product; desist from entering into, continuing, removing law required and informative or in connection with the manufacture cooperating in, or carrying out any marking: § 13.512 Fur products tags or for sale, sale, advertising, offering for planned common course of action pr identification. Subpart — Furnishing sale, transportation or distribution, of course of dealing or understanding, false guaranties: § 13.1053 Furnishing any fur product which is made in whole agreement, combination, or conspiracy, false guaranties: § 13.1053-35 Fur Prod­ or in part of fur which has been shipped between or among any two or more of ucts Labeling Act. Subpart—Invoicing and received in commerce as the terms the saTd respondents, or between any products falsely: § 13.1108 Invoicing “commerce”, “fur” and “fur product” are one or more of the said respondents and products falsely: § 13.1108-45 Fur Prod­ defined in the Fur Products Labeling Act, any others not parties hereto, to do or ucts Labeling Act. Subpart—Misbrand­ do forthwith cease and desist from: perform any of the following: ing or mislabeling: § 13.1185 Composi­ A. Misbranding fur products by: 1. Fixing, establishing, or maintain­ tion: § 13.1185-30 Fur Products Labeling 1. Representing directly or by implica­ ing prices, terms or conditions of sale Act; § 13.1212 Formal regulatory and tion on labels that the fur contained in of rayon tire yarn, rayon tire cord, or statutory requirements: § 13.1212-30 Fur any fur product is natural when the fur rayon tire fabric, or adhering to or Products Labeling Act; § 13.1255 Manu­ contained therein is pointed, bleached, promising to adhere to prices, terms, or facture or preparation: § 13.1255-30 Fur dyed, tip-dyed, or otherwise artificially conditions of sale so fixed, established, Products Labeling Act; § 13.1325 Source colored. or maintained. or origin: § 13.1325-60 Maker or seller: 2. Representing in any manner on 2. Exchanging, distributing, or relay­ § 13.1325-60(a) Fur Products Labeling labels that respondents have an office, ing directly or through Tyrex, Inc., or Act; § 13.1325-70 Place: § 13.1325-70(0 facilities or place of business in Paris, through any other medium or agency, Fur Products Labeling Act. Subpart— France, or Rome, Italy, or at any other any information relating directly or in­ Neglecting, unfairly or deceptively, to place when respondents do not maintain directly to: future prices or price policies make material disclosure: § 13.1845 Com­ an office, facilities or place of business as of any respondént; future prices or price position: § 13.1845-30 Fur Products represented. policies, for rayon or non-rayon tire Labeling Act; § 13.1852 Formal regula­ 3. Representing in any manner, con­ yarn, tire cord, or tire fabric, of any tory and statutory requirements: § 13.- trary to fact, on labels that respondents other producer; pricing factors of rayon 1852-35 Fur Products Labeling Act; fur products were created, designed, or or non-rayon tire yarn, tire cord, or tire § 13.1865 Manufacture or preparation: styled in Europe or in any place where fabric, such as cost of production and § 13.1865-40 Fur Products Labeling Act; they are not actually created, designed, distribution thereof ; or the maintenance § 13.1900 Source qr origin: § 13.1900-40 or styled. . . of current prices of rayon or non-rayon Fur Products Labeling Act: § 13.1900-40 4. Failing to affix labels to fur products tire yarn, tire cord, or tire fabric. (b) Place. showing in words and in figures plainly 3. Holding or attending any meeting legible all of the information required to (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret be disclosed by each of the subsections for the purpose of agreeing upon, dis­ or apply sec. 5, 38 Stat. 719, as amended; cussing, or considering, directly or in­ sec. 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease of section 4(2) of the Fur Products directly, future prices or price policies of and desist order, Wilson’s of California, Inc., Labeling Act. . * any respondent; future prices or price et al., Los Angeles, Calif., Docket C—714, Feb. 5. Setting forth information Jeqwrea policies, for rayon or non-rayon tire 14, 1964] under section 4(2) of the Fur Produc yarn, tire cord, or tire fabric, of any Labeling Act and the rules and regula­ In the Matter of Wilson’s of California, tions promulgated thereunder in abor - other producer; pricing factors of rayon Inc., a Corporation, and Louis Wilson, or non-rayon tire yam, tire cord, or tire viated form. Individually and as an Officer of Said 6. Failing to set forth the term rex fabric, such as cost of production and Corporation distribution thereof ; or the maintenance sian Lamb” on labels in the manner of current prices of rayon or non-rayon Consent order requiring Los Angeles quired where an election is made to u tire yam, tire cord, or tire fabric. manufacturers of fur-trimmed ladies’ that term instead of the word “Lamb . Tuesday, March 10, 1964 FEDERAL REGISTER 3193 7 Setting forth information required in writing setting forth in detail the b. Delinquent accounts have been under section 4(2) of the Pur Products manner and form in which they have turned over to a bona fide, separate col­ Labeling Act and the rules and regula­ complied with this order. lection agenfey or attorney for collection tions promulgated thereunder in hand­ Issued: February 14,1964. unless respondents establish that such writing on labels affixed to fur products. is the fact; 8. Failing to set forth information re­ By the Commission. 3. Delinquent accounts have been or will be turned over to “The Mail Order quired under section 4(2) of the Fur [seal] J oseph W. S hea, Products Labeling Act and the rules and Secretary. Credit Reporting Association, Inc.” or regulations promulgated thereunder on “Mr. John J. Murphy, Attorney at Law” [F.R. Doc. 64-2268; FUed, Mar. 9, 1964; labels in the sequence required by Rule for collection or any other purpose; 30 of the aforesaid rules and regulations. 8:46 a.m.] 4. “The Mail Order Credit Reporting 9. Failing to set forth on labels the Association, Inc.”, any fictitious name, item number or mark assigned to a fur [Docket No. C-712] or any trade name owned in whole or in product. part by respondents or over which re­ B. Falsely or deceptively invoicing fur PART 13— PROHIBITED TRADE spondents exercise any direction or con­ products by: - PRACTICES trol, are independent, bona fide collec­ 1. Failing to furnish invoices to pur­ Modern Handcraft, Inc., tion or credit reporting agencies; chasers of fur products showing in words 5. “John J. Murphy” or any other per­ and figures plainly legible all the infor­ John E. Tillotson, II son or firm is an outside, independent mation required to be disclosed in each Subpart—Misrepresenting oneself and Attorney at Law or firm of attorneys rep­ of the subsections of section 5(b)(1) of goods—Business Status, Advantages or resenting respondents for collection of the Fur Products Labeling Act. Connections: § 13.1370 Business meth­ past due accounts unless a bona fide at­ 2. Failing to set forth on invoices the ods, policies, and practice; § 13.1390 torney client relationship exists between item number or mark assigned to fur Concealed subsidiary, fictitious collection respondents and said attorney or attor­ products. agency, etc. neys, for purposes of collecting such 3. Failing to set forth the term (Sec. 6, 38 Stat. 721; 15 U6.C. 46. Interpret accounts; “natural” as part of the information or apply sec. 5, 58 Stat. 719, as amended; 6. a. Delinquent accounts have been required to be disclosed on invoices under 15 U.S.C. 45) [Cease and desist order, Mod­ or will be turned over to “The Mail Order the Fur Products Labeling Act and the ern Handcraft, Inc., et al., Kansas City, Mo., Credit Reporting Association, Inc.” or | rules and regulations promulgated there­ Docket C-712, Feb. 13,1964] “John J. Murphy” with instructions to under to describe fur products which are institute suit or other legal action to col­ not pointed, bleached, dyed, tip-dyed, In the Matter of Modern Handcraft, Inc., lect amounts purportedly due; or otherwise artificially colored. a Corporation, and John E. Tillotson, b. Delinquent accounts will be turned It is further ordered, That respond­ II, Individually and as an Officer of over to any other organization, attorney, ents Wilson’s of California, a corpora­ Said Corporation >• firm of attorneys, or person with instruc­ tion, and its officers, and Louis Wilson, Consent order requiring Kansas City, tions to institute suit or other legal individually and as an officer of said Mo., book sellers to cease representing action unless respondents establish that corporation, and respondents’ repre­ falsely, in letters to delinquent customers, a prior determination had been made sentatives, agents, and employees, di­ that their names would be transmitted in good faith to take such action; rectly or through any corporate or other to a credit reporting agency and his cred­ c. Delinquent accounts have been device, do forthwith cease and desist it rating be thereby adversely affected; turned over to any other organization, from furnishing a false guaranty that and through use on letterheads of the attorney, firm of attorneys, or person any fur product is not misbranded, names “The Mail Order Credit Report­ with instructions to institute suit or falsely invoiced or falsely^ advertised ing Association, Inc.”, and “John J. Mur­ other legal action unless respondents es­ when the respondents have reason to be­ phy, Attorney at Law”, that delinquent tablish that such is the fact; lieve that such fur product may be in­ accounts had been turned over to a sep­ 7. Notices or other communications troduced, sold, transported, or dis­ arate, bona fide collection or credit re­ which respondents have, or have caused tributed in commerce. porting agency or to an outside attorney to be prepared, written or mailed, have It is further ordered, That Wilson’s of for institution of legal suit. been sent by “The Mail Order Credit California, a corporation, and its officers, The order to cease and desist, includ­ Reporting Association, Inc.”, “John J. and Louis Wilson, individually and as an ing further order requiring report of Murphy” or any other person, firm or officer of said corporation, and respond­ compliance therewith, is as follows: agency. ents’ representatives, agents and em­ It is further ordered, That the re­ ployees, directly or through any cor­ It is ordered, That respondent Mod­ ern Handcraft, Inc., a corporation, and spondents herein shall, within sixty (60) porate or other device, in connection days after service upon them of this or­ with the introduction, sale, advertising, its officers, and John E. Tillotson, II, individually and as an officer of said der, file with the Commission a report or offering for sale, in commerce, or the in writing setting forth in detail the processing for commerce, of fur products; corporation, and respondents’ agents, representatives and employees, directly manner and form in which they have or in connection with the selling, adver­ complied with this order. tising, offering for sale, or processing of or through any corporate or other device, fur products which have been shipped in connection with the offering for sale, Issued: February 13, 1964. sale or distribution of encyclopedias, and received in commerce, do forthwith By the Commission. cease and desist from : books, magazines or other products, in 1. Misbranding fur products by sub­ commerce as “commerce” is defined in [seal] J oseph W. S hea, stituting for thé labels affixed to such the Federal Trade Commission Act, do Secretary. fur products pursuant to section 4 of the forthwith cease and desist from repre­ [F.R. Doc. 64-2264; Filed, Mar. 9, 1964; Fur Products Labeling Act labels which senting directly or by implication that: 8:45 a.m.] do not conform to the requirements of 1. A customer’s name will be turned the aforesaid Act and the rules and regu­ over to a bona fide credit reporting agen­ lations promulgated thereunder. cy or that a customer’s general or pub­ [Docket No. 0-705] 2. Failing to keep and preserve the lic credit rating will be adversely affected PART 13— PROHIBITED TRADE unless respondents, where payment is records required by the Pur Products PRACTICES Labeling Act and the rules and regula­ not received, in fact refer the informa­ tion of said delinquency to a separate, Bali Brassiere Co.r Inc., et al. tions promulgated thereunder in sub­ bona fide credit repjorting agency; stituting labels as permitted by section 2. a. Delinquent accounts will be Subpart—Discriminating in price un­ 3(e) of the said Act. turned over to a bona fide, separate col­ der section 2, Clayton Act—Payment for fi is further ordered, That the re­ lection agency or attorney for collection Services or Facilities for Processing or spondents herein shall, within sixty (60) unless respondents establish that a prior Sale Under 2(d ): § 13.825 Allowances for days after service upon them of this determination had been made in good services or facilities; Discriminating in order, file with the Commission a report faith to make such referral; price under section 2, Clayton Act—Fur- 3194 RULES AND REGULATIONS

nishing Services or Facilities for Proc­ and form in which they have complied Misbranding such products by : essing, Handling, etc. Under 2(e): with this order. 1. Falsely and deceptively stamping § 13.835 Demonstrators. Issued: February 7, 1964. tagging, labeling or otherwise identify­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ing such products as to the character or or apply sec. 2, 49 Stat. 1526; 15 U.S.C. 13) By the Commission. amount of the constituent fibers con­ [Cease and desist order, Bali Brassiere Com­ [seal] J oseph W. Shea, tained therein. pany, Inc., et al., New York, N.Y., Docket Secretary. 2. Failing to securely affix to, or place C-705, Feb. 7, 1964] on, each such product a stamp, tag, label [F.R. Doc. 64-2283; Filed, Mar. 9, 1964; or other means of identification showing In the Matter of Bali Brassiere Company, '8:47 a.m.] Inc., a Corporation, and Myron Stein in a clear and conspicuous manner each and Sam Stein, Individually and as element of information required to be Officers of Said Corporation disclosed by section 4(a) (2) of the Wool [Docket No. C-709] Products Labeling Act of 1939. Consent order requiring New York p a r t 13— PROHIBITED TRADE It is further ordered, That respondents City manufacturers of women’s brassieres PRACTICES Clin-Tex Products Corp., a corporation, to cease violating sections 2 (d) and 2(e) and its officers, and Jerome Shapiro! of the Clayton Act by such practices as Clin-Tex Products Corp., et al. and Sol Stafford, individually and as granting some customers promotional managers of said corporation, and re­ advertising allowances in accordance Subpart—Invoicing products falsely: spondents’ representatives, agents and with the terms of their “Cooperative Ad­ § 13.1108 Invoicing poducts falsely: employees directly or through any corpo­ vertising Agreement”—and in many in­ § 13.1108-40 Federal Trade Commission rate or other device, in connection with stances departing from the plan—while Act. Subpart—Misbranding or mis­ the offering for sale, sale or distribution not offering comparable allowances to labeling: § 13.1185 Composition: § 13.- of interlining material or any other tex­ competitors of those so favored; and fur­ 1185-90 Wool Products Labeling Act; tile products in commerce, as “com­ nishing to some purchasers the services § 13.1212 Formal regulatory and statu­ merce” is defined in the Federal Trade of special “stylists” to demonstrate their tory requirements: § 13.1212-90 Wool Commission Act, do forthwith cease and products to customers, but not offering Products Labeling Act. Subpart—Ne­ desist from misrepresenting the char­ such services to other- retailers on pro­ glecting unfairly or deceptively, to make acter or amount of constituent fibers portionally equal terms. material disclosure: § 13.1852 Formal contained in quilting material or any The order to cease and desist, includ­ regulatory and statutory requirements: other textile products on invoices or ing further order requiring report of § 13.1852-80 Wool Products Labeling Act. shipping memoranda applicable thereto compliance therewith, is as follows: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Inter­ or in any other manner. It is ordered, That respondent Bali pret or apply sec. 5, 38 Stat. 719, as amended, It is further ordered, That the re­ Brassiere Company, Inc., a corporation, secs. 2-5, 54 Stat. 1128-1130; 15 Ü.S.C. 45, spondents herein shall, within sixty (60) and its officers, and Myron Stein and 68) [Cease and desist order, Clin-Tex. Prod­ days after service upon them of this Sam Stein, individually, and as officers ucts Corp., et al., Hoboken, N.J., Docket C-709, Feb. 13, 1964] order, file with the Commission a re­ of said corporation, and respondents’ port in writing setting forth in detail representatives, agents and employees, In the Matter of Clin-Tex Products the manner and form in which they directly or through any corporate on Corp., a Corporation, and Jerome Sha­ have complied with this order. other device, in connection with the man­ piro, and Sol Stafford, Individually ufacture, sale and distribution of wom­ and as Managers of Said Corporation Issued: February 13, 1964. en’s wearing apparel such as brassieres By the Commission. and other related products, in commerce, Consent order requiring Hoboken, as “commerce” is defined in the Clayton N.J., manufacturers of wool products to [seal] J oseph W. Shea, Act, as amended, do forthwith cease and cease violating the Wool Products Label­ Secretary. desists from: ing Act by such practices as labeling [F.R, Doc. 64-2284; Filed, Mar. 9, 1964; 1. Paying or contracting for the pay­ quilting materials as containing tan wool 8:47 a.m.] ment of anything of value to, or for the when they contained substantially différ­ a it amounts of other woolen fibers, and benefit of, any customer of respondents, [Docket No. C-707] as compensation for or in consideration failing to disclose on the labels the per­ for any services or facilities furnished by centage of the total fiber weight of wool PART 13— PROHIBITED TRADE or through such customer in connection and other fibers; and to cease violating PRACTICES with the handling, offering for sale, sale the Federal Trade Commission Act by or distribution of said products, unless representing the fiber content of said Charles R. Dorner et al. such payment or consideration is avail­ quilting materials falsely on invoices as Subpart—Advertising falsely or mis­ able on proportionally equal terms to all “Tan Wool”. leadingly: §13.15 Business status, ad­ other customers competing in the dis­ The order to cease and desist, includ­ vantages, or connections: § 13.15-80 tribution or sale of such products. ing further order requiring report of Government connection; § 13.15-235 2. Contracting to furnish, furnishing, compliance therewith, is as follows: Producer status of dealer or seller: § 13.- or contributing to the furnishing of the It is ordered, That respondents Clin- 15-235 (k) Laboratory; § 13.15-235 (m) services of stylists or any other services Tex Products Corp., a corporation, and Manufacturer; § 13.15-250 Qualifications or facilities in connection with the han­ its officers, and Jerome Shapiro, and and abilities; § 13.20 Comparative data dling, sale or offering for sale of respond­ Sol Stafford, individually and as man­ or merits; § 13.30 Composition of goods; ents’ products to any purchaser from re­ agers of said corporation, and respond­ § 13.60 Earnings and profits; § 13.85 spondents of such products bought for ents’ representatives, agents and em­ Government approval, action, connection resale, when such services or facilities are ployees, directly or through any cor­ or standards: § 13.85-30 Federal Trade not accorded on proportionally equal porate or other device, in connection with Commission orders or indorsements; terms to all other purchasers from re­ the introduction or manufacture for in­ § 13.110 Indorsements, approval and tes­ spondent who resell such products in troduction into commerce, or the offer­ timonials; § 13.250 Success, use or stand­ competition with such purchasers who ing for sale, sale, transportation, dis­ ing. Subpart—Misbranding or mislabel­ receive such services or facilities. tribution or delivery for shipment in ing: § 13.1170 Advertising and promo­ It is further ordered, That the respond­ commerce, of wool interlining material tion; § 13.1175 Comparative data or ents herein shall, within sixty (60> days or other wool products, as “commerce” merits; § 13.1185 Composition; § 13.1215 after service upon them of this order, and “wool product” are defined in the Government, official or other sanction; file with the Commission a report in writ­ Wool Products Labeling Act of 1939, do § 13.1235 Indorsements, approval, or ing setting forth in detail the manner forthwith cease and desist from: awards; § 13.1240 Laboratory status of Tuesday, March 10, 1964 FEDERAL REGISTER 3195 seller; § 13.1285 Producer status of dealer increase the automobile’s speed by 5 26. Chemical companies, such as E. I. or seller; § 13.1290 Qualities or proper­ miles per hour, or by any amount more Du Pont de Nemours & Co., Inc., or any ties; § 13.1335 Success, use or standing; than is the fact. companies, have offered respondent over § 13.1340 Tests. 9. Respondent’s polish is being used by three million dollars, or any amount, for (Sec. 6, 38 Stat. 721 15 U.S.C. 46. Interpret commercial or military air authorities to the purchase of the formula for the auto­ or apply sec. 5, 38 Stat. 719, as amended; 15 shield or protect aluminum jet aircraft. mobile polish which he sells. U.S.C. 45) [Cease and desist order, Charles 10. Respondent’s polish is generally 27. Respondent is the owner of the R; corner doing business as Dr. C. R. Dorner, being used at the Indianapolis Speedway, formula for the automobile polish which »+ al. Battle Creek, Mich., Docket C-707, or any other Speedway or auto race he sells, or that he manufactures the Feb. 7,1964] course, for the purpose of increasing the product. In the Matter of Charles R. Dorner, an speed of racing cars. 28. The advertising literature dissemi­ Individual Doing Business as Dr. C. R. 11. Respondent’s polish imparts a coat­ nated by respondent for his automobile Dorner, and as Dorner Laboratories ing of glass to an automobile’s surface. polish has been given the approval of the 12. Respondent’s polish is composed of Federal Trade Commission, the United Consent order requiring a Battle or contains glass. States Post Office Department, the Ca­ Creek, Mich., distributor to jobbers and 13. Respondent’s polish is composed of nadian Government, or the governments retailers of his “Liquid Glass Auto Pol­ a radioactive chemical combined with of or agencies of any other countries; ish” to cease making a variety of false X-ray that dissolves glass into liquid or that respondent’s advertising has been claims on labels and in advertising con­ glass, or that respondent's polish acts by approved by Better Business Bureaus or cerning the permanence, durability, depolarizing dirt like two opposite mag­ by Chambers of Commerce; or that re­ composition, u&ed to increase speed of nets pushing the dirt apart. spondent’s automobile polish has been boats and racing cars and to protect jet 14. After application to an automobile’s tested by, or its claims approved by, the aircraft tests, comparative merits and surface, respondent’s polish becomes as National Bureau of Standards, the Food government approval, among other false hard as auto windshield glass. and Drug Administration, or any other claims, as in the order below indicated. 15. Respondent’s polish never wears government agency. The order to cease and desist, includ­ out. B. Using the words “Liquid Glass”, or ing further order requiring report of 16. Respondent’s polish does not con­ any other name of similar import or compliance therewith, is as follows: tain silicone. meaning, as a name for, or to describe It is ordered, That respondent Charles 17. Respondent’s polish has been sub­ or refer to, respondent’s automobile R. Dorner, an individual doing business jected to performance tests in which it polish. as Dr. C. R. Dorner, Dorner Laboratories, was compared to 148 different brands of C. Using the word, “Laboratories”, or or under any other trade name or names, automobile polish, or compared to any any other word of similar import or and respondent’s agents, representatives number of competing brands of polish meaning, as part of any trade or corpo­ and employees, directly or through, any that is more than the fact. rate name or in any other manner, to corporate or other device, in connection 18. Respondent’s polish was found to describe or refer to respondent’s busi­ with the offering for sale, sale or dis­ be superior to all other brands of polish ness, unless respondent does in fact tribution of automobile polish, or any on the market as a result of tests. operate, maintain, control or own a lab­ other product, in commerce, as “com­ 19. Respondent’s polish has the same oratory. merce” is defined in the Federal Trade electron structure, or the same molecular D. Misrepresenting, in any manner: Commission Act, do forthwith cease and structure, as acrylic paint. 1. The permanence, protective quali­ desist from: 20. Respondent operates, maintains, ties, imperviousness to scratching or re­ A. Representing, directly or by impli­ controls or owns a laboratory, or a num­ moval, rust prevention or protection, cation, that: ber of laboratories, for the formulation, or any other characteristics or qualities 1. Respondent’s polish imparts to an testing, analysis or production of auto­ of respondent’s polish or of any product. automobile’s surface a protective finish mobile polish, or any other product. 2. The composition, ingredients, or or depth of luster which is permanent or 21. Respondent has earned a doctorate nature of the contents of respondent’s which remains virtually unchanged degree in chemistry, or any related scien­ polish, or of any product. throughout the life of the surface. tific field, or that respondent has scien­ 3. The nature of respondent’s busi­ 2. The application of respondent’s tific or technical experience which he has ness, education, qualifications or experi­ polish impartsto an automobile’s surface utilized in the formulation of automobile ence, or the nature or results of any test a finish that“ cannot be scratched with polish, or any other product. conducted on any product. ‘ fingernails. 22. Respondent is, or has been, engaged 4. The amount or nature of the 3. The application of a coating of re­ in space research or development, or re­ earnings that have been achieved, or will spondent’s polish to an automobile’s sur­ search or development in any related be achieved, by respondent, respondent’s face can only be removed by the use field, under the sponsorship or employ of, business, or by persons who sell respond­ of sandpaper or phosphoric acid, or any or affiliation with, the United States ent’s product. other similarly constituted substance. Government. E. Placing in the hands of distributors, 4. The use of respondent’s automobile 23. Persons who sell respondent’s polish jobbers, dealers, retailers, or others, polish will protect an automobile’s sur­ will earn, or may reasonably expect to means and instrumentalities by and face from rust permanently, or for any earn, one million dollars, or any specified through which they may deceive and period longer than is the fact. amount of money when such amount is mislead the purchasing public in the 5. Any foreign substance will be pre­ in excess of that which respondent can manner or as to the things hereinabove vented from sticking to an automobile’s establish as being the earnings such per­ prohibited. finish after application of respondent's son may reasonably expect to achieve. It is further ordered, That the re­ Polish, or that fingerprints and bugs will 24. Respondent has earned one million spondent herein shall, within sixty (60) dollars through sales of automobile pol­ days after service upon him of this or­ not stick to an automobile’s surface after ish, or any specified amount of money application of respondent's polish. when such amount is in excess of that der, file with the Commission a report in 6. After application of respondent’s which respondent can establish as being writing setting forth in detail the man­ Polish to an automobile’s surface, the his earnings. ner and form in which he has complied finish will not be affected by the ultra- with this order. violet rays of the sun, or will not oxidize 25. Respondent’s volume of sales in his m sunlight. first year of business was in excess of one Issued: February 7, 1964. million dollars, or that respondent’s sales 7. The application of respondent’s pol- By the Commission. It*1 u° sur^ace of boats will increase in any period have been any specified ihe boat’s speed by 3 to 5 knots, or by any amount of money when such amount is [ seal] J oseph W. S hea, amount more than is the fact. in excess of that which respondent can Secretary. application of respondent’s establish as being his sales for the period [F.R. Doc. 64-2285; Filed, Mar. 9, 1964; ohsh to the surface of automobiles will stated. 8:48 a.m.] No. 48——2 3196 RULES AND REGULATIONS

[Docket No. 0-706] ner and form in which he has complied (b) Proposed respondents own and PART 13— PROHIBITED TRADE with this order. operate their own food processing plants in River Forest, Illinois, or in other PRACTICES Issued: February 7, 1964. locations; By the Commission. John Geinopolos and Sun Distributing (c) Proposed respondents serve over 3,000,000 satisfied families or any other Co. [seal] Joseph W. Shea, Secretary. number of families when such is not in Subpart—Using, selling, or supplying accordance with the facts; [F.R. Doc. 64-2286; Filed, Mar. 9, 1964; lottery devices: § 13.2475 Devices for lot­ 8:48 a.m.] (d) Proposed respondents sell only tery selling. food and do not sell freezers; (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets (e) Freezers or parts thereof or foods or applies sec. 5, 38 Stat. 719, as amended; 15 [Docket No. C-708] are unconditionally guaranteed or are U.S.O. 45) [Cease and desist order, John guaranteed in any manner unless the Geinopolos trading as Sun Distributing Com­ PART 13— PROHIBITED TRADE nature and extent of the guarantee and pany, Chicago, 111., Docket C-706, Feb. PRACTICES the manner in which the guarantor will 1964] perform thereunder aj?e clearly and con­ In the Matter of John Geinopolos, an Mid-America Food Service, Inc., and spicuously disclosed. Individual, Trading as Sun Distribut­ Leonard A. Ferrara (f) Purchasers can enter proposed re­ ing Company S u b p a r t—Misrepresenting oneself spondents’ freezer food plan on a trial basis; Consent order requiring a Chicago dis­ and goods—Business Status, Advantages or Connections; § 13.1417 Financing ac­ (g) Proposed respondents sell their tributor, through others, of various arti­ food at wholesale prices; cles of merchandise, to cease supplying tivities; § 13.1435 History; § 13.1490 Na­ ture; § 13.1530 Producer status of dealer; (h) Proposed respondents will permit means for lottery merchandising through purchasers of a food plan to have the distributing to members of the public, § 13.1540 Reputation, success or stand­ ing; § 13.1560 Stock, product or service. free use of a freezer; push cards and literature explaining his (i) A purchaser of proposed respond­ plan of selling his said merchandise and Misrepresenting oneself and goods— Goods: § 13.1647 Guarantees; §13.1755 ents’ food who remains in the food freez­ allotting it as prizes to operators of the er plan for two years will automatically push cards and purchasers of pushes on Success, use, or standing: § iaf.1760 Terms and conditions. become the owner of a freezer without the cards who by chance selected a lucky charge; numbered push. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret (j) The initial food ordered by a pur­ The order to cease and desist, includ­ or apply sec. 5, 38 Stat. 729, as amended; chaser will be sufficient to last such pur­ ing further order requiring report of 15 U.S.O. 46) [Cease and desist order, Mid- America Food Service, Inc., et al., River For­ chaser any stated or specified period of compliance therewith, is as follows: est, 111., Docket C-708, Feb. 7, 1964] time; It is ordered, That proposed respond­ (k) Purchasers can cancel proposed In the Matter of Mid-America Food respondents’ contract at any time with­ ent, John Geinopolos, an individual trad­ Service, Inc., a Corporation, and Leon­ ing as Sun Distributing Company or out penalty or additional charge; ard A. Ferrara, Individually and as (l) Substantially all major brands of under any other name or names, his an Officer of Said Corporation agents, representatives, and employees, food products are available under pro­ directly or through any corporate or Consent order requiring River Forest, posed respondents’ freezer food plan; other device, in connection with the of­ 111., distributors of freezers and food by (m) Purchasers of or subscribers to fering for sale, sale or distribution of means, of a so-called “freezer-food proposed respondents’ freezer food plan nylon hose, cigarette lighters, radios, plan”, to cease making a variety of will receive all their food requirements watches, handbags, toy animals, elec­ false representations through statements and a freezer for the same or less money trical appliances, or any other articles of of their sales representatives concern­ than they have been paying for food merchandise in commerce, as “com­ ing their time in business, ownership of alone; merce” is defined in the Federal Trade their own food processing plants, size' (n) Installment contracts for the pur­ Commission Act, do forthwith cease and and manner of operations, guarantees, chase of proposed respondents’ freezer desist from: prices, terms and conditions of sale, food plan, freezers, or food, are financed 1. Supplying to or placing in the hands among other false claims as in the order or carried by proposed respondents and of others push cards or any other lottery below indicated. are not discounted to others; device or devices, either with merchan­ The order to cease and desist, includ­ (o) Proposed respondents do not dise or separately, which are designed ing further order requiring report of charge a membership fee; compliance therewith, is as follows: (p) Meat prices quoted by proposed or intended to be used in selling or dis­ respondents’ salesmen to purchasers are tributing said merchandise to the public It is ordered, That proposed respond­ the net weight prices if such is not in by means of games of chance, gift en­ ents, Mid-America Food Service, Inc., accordance with the facts; terprises or lottery schemes. and Leonard A. Ferrara, individually (q) Proposed respondents’ quoted 2. Shipping, mailing or transporting and as an officer of said corporation, and prices for meats and frozen foods will to agents or distributors, or to members proposed respondents’ representatives, remain constant throughout the time of the purchasing public, push cards or agents, and employees, directly or purchasers remain a member of the food any other lottery device or devices which through any corporate or other device, freezer plan; are designed or intended to be used in in or in connection with the advertis­ (r) Proposed respondents’ operation is the sale or distribution of respondent’s ing, offering for sale, sale or distribu­ national in scope; merchandise to the public by means of tion of freezers, food or freezer food (s) Purchasers’ food orders do not en­ games of chance, gift enterprises or lot­ plans, or other merchandise, in com­ tail finance charges; tery schemes. _ merce as “commerce” is defined in the (t) Food spoilage insurance is fur­ 3. Selling or otherwise disposing of Federal Trade Commission Act, as nished free of charge; any merchandise by means of or under amended, do forthwith cease and desist (u) A deposit of $25 or any other a plan involving a game of chance, gift from: stated amount paid by purchasers sub­ enterprise, or lottery scheme. Representing directly or by implica­ scribing to the freezer food plan is to be It is further ordered, That the re­ tion that: applied on the initial food order. spondent herein shall, within sixty (60) (a) Proposed respondents have been It is further ordered, That respond­ days after service upon him of this order, in the freezer food business since 1957 ents Mid-America Food Service, Inc., a file with the Commission a report in or for any other length of time not in corporation, and its officers, and Leon­ writing setting forth in detail the man­ accordance with the facts; ard A. Ferrara, individually and as an Tuesday, March 10, 1964 FEDERAL REGISTER 3197 officer of said corporation, and respond­ business corporation shall be in the form (1) A proper consent is filed by such ents’ agents, representatives, and em­ of a statement signed by the shareholder shareholder after December 19,1959, and ployees, directly or through any corpo­ in which such shareholder consents to on or before March 1, 1960, rate or other device in or in connection the election of the corporation. Such (2) All shareholders of the corpora­ with the offering for sale, sale or dis­ shareholder’s consent is binding and may tion who previously filed timely and tribution of any food or purchasing plan not be withdrawn after a valid election proper consents file new consents within involving food, do forthwith cease and is made by the corporation. Each per­ the period mentioned in subparagraph desist from: son who is a shareholder of the electing (1) of this paragraph, and 1, Disseminating or causing to be dis­ corporation must consent to the election; (3) The shareholders show to the seminated any advertisement by means thus, where stock of the corporation is satisfaction of the district director with of the United States mails or by any owned by a husband and wife as com­ whom the election under section 1372(a) means in commerce, as “commerce” is munity property (or the income from was filed that the failure to file timely defined in the Federal Trade Commis­ which is community property), or is and proper consents was not due to an sion Act, which advertisement contains owned by tenants in common, joint ten­ intention to avoid making a valid any representation or misrepresentation ants, or tenants by the entirety, each election. prohibited in paragraph a through u of person having a community interest in * * * * * Part I of this order. such stock and each tenant in common, (c) Extension of time for filing con­ 2. Disseminating or causing the dis­ joint tenant, and tenant by the entirety sents. An election which'is timely filed semination of any advertisement by any must consent to the election. The con­ for any taxable year and which would means for the purpose of inducing or sent of a minor shall be made by the be valid, or would not have terminated, which is likely to induce, directly or in­ minor or by his legal guardian, or except for the failure of any shareholder directly, the purchase of any food, or his natural guardian if no legal guard­ to file a consent within the time pre­ any purchasing plan involving food in ian has been appointed. The consent scribed in paragraph (a) or (b) of this commerce, as “commerce” is defined in of an estate shall be made by the execu­ section will not be invalid, or will not the Federal Trade Commission Act, tor or administrator thereof. The state­ be treated as having terminated, for which advertisement contains any of ment shall set forth the name and ad­ such reason if— the representations or misrepresenta­ dress of the corporation and of the share­ holder, the number of shares of stock (1) It is shown to the satisfaction of tions prohibited in Paragraphs a through the district director with whom the elec­ u of Part I of this order. owned by him, and the date (or dates) tion under section 1372(a) was filed that It is further ordered, That the re­ on which such stock was acquired. The spondents herein shall, within sixty (60) consents of all shareholders may be in­ there was reasonable cause for the fail­ days after service upon them ' of this corporated in one statement. The con­ ure to file such consent and that the in­ order, file with the Commission a report sents of all persons who are shareholders terests of the Government will not be in writing setting forth in detail the at the time the election is made shall jeopardized by treating such election as manner and form in which they have be attached to the election of the cor­ valid, or as not having terminated. complied with this order. poration. If the election is made before (2) Such shareholder files a proper the first day of the corporation’s taxable consent to the election within such ex­ Issued: February 7,1964. year for which it is effective, the consents tended period of time as may be granted By the Commission. of- persons who become shareholders by the district director, and after the date of election and are share­ (3) New consents are filed within such [seal] J oseph W. S hea, holders on such first day shall be filed extended period of time as may be grant­ Secretary. with the district director with whom ed by the district director, by all persons [PH. Doc. 64-2287; Filed, Mar. 9, 1964; the election was filed as soon as practi­ who were shareholders of the corporac­ 8:48 a.m.] cable after such first day. The consent tion at any time during the taxable year referred to in the preceding sentence with respect to which the failure to con­ will be considered timely if it is filed on sent would (but for the provisions of or before the last day prescribed for mak­ this paragraph) cause the corporation’s Title 26-INTERNAL REVENUE ing the election. Where a consent is election to be invalid or to terminate, Chapter I— Internal Revenue Service, filed after the date of election, a copy of and by all persons who were shareholders Department of the Treasury the consent shall also be filed with the of the corporation subsequent to such return required to be filed under section taxable year and prior to the date on SUBCHAPTER A— INCOME TAX 6037. In the case of a shareholder in which an extension of time is granted in [T.D. 6707] a community-property State whose accordance with this paragraph. sponse has filed a timely consent to an PART 1—INCOME TAX; TAXABLE P ar. 2.-Paragraph (b) (1) of § 1.1372-4 electiqn under section 1372(a) for a is amended by revising all that precedes YEARS BEGINNING AFTER DE­ taxable year beginning before Janu­ subdivision (i) to read as follows: CEMBER 31, 1953 ary 1, 196H the time for filing the con­ sent of such shareholder shall not expire § 1.1372—4 Termination of election. Extension of Time for Filing Consents prior to May 15, 1961; in the case of a * * * * * to Election by Small Business Cor­ shareholder in a community-property (b) Methods of termination— (1) poration and a Clarifying Change State whose spouse has filed a timely Failure of new shareholder to consent. The Income Tax Regulations (26 CFR consent to an election under section An election under section 1372(a) shall Part 1) under section 1372 of the Inter­ 1372(a) for a taxable year beginning terminate if any person who was not a nal Revenue Code of 1954, relating to after December 31,1960, and on or before shareholder on the first day of the first October 26, 1962, the consent of such taxable year for which the election is election by small business corporation, shareholder shall be considered timely are amended to delegate to district di­ effective, or on the day on which the rectors authority to grant extensions of if it is filed on or before the last day election is made (if such day is later than “me for filing consents to such elections prescribed for making the election. An the first day of the taxable year), be­ and to clarify the requirements for filing election under section 1372(a) will not comes a shareholder and does not con­ consents by husbands and wives and be valid if any of the consents are not sent to the election under section 1372(a) timely filed. However, see paragraph within the time prescribed by paragraph other joint-ownership shareholders. (c) of this section for extension of time Paragraph 1. Section 1.1372-3 is (b) of § 1.1372-3. However, see para­ for filing consents. In addition, an elec­ graph (c) of § 1.1372-3 for extension of amended by revising paragraph (a) and tion which was timely filed for any tax­ adding a new paragraph (c). These time for filing consents. In addition, an amended and added provisions read as able year beginning before March 1, election which would not have termi­ follows: 1960, and which would be valid but for nated except for the failure of any new the fact that the consent of any share­ shareholder to file a timely consent or § 1*1372—3 Shareholders’ consent. holder of the corporation was not filed except for the fact that the consent of i* General. The consent of a or was defective in any manner, will not any such new shareholder was defective nareholder to an election by a small be invalid if— in any manner is not terminated if— 3198 RULES AND REGULATIONS

Because this Treasury decision is duction, provided by subparagraph (B) ) of (1) and (3), and by adding a new sub- clarifying and liberalizing in nature, it the total of the remuneration which would paragraph (4). The revised and added is found that it is unnecessary to issue have been subject to contributions under provisions read as follows: such Treasury decision with notice and the State unemployment compensation law with respect to the calendar year preceding § 31.3302(c)—! Limit on total credits. public procedure thereon under section such certification if the dollar limit on re­ 4(a) of the Administrative Procedure muneration subject to contributions under * * * * * Act, approved June 11, 1946, or subject such law were equal to the dollar limit under (c) Reductions of amount of credit to the effective date limitation of sec­ section 3306(b) (1) for such calendar year. otherwise allowable—(1) Advances be­ tion 4(c) of that Act. If, after receiving such certification and be­ fore September 13, 1960, under title XII fore November 10 of the taxable year, the of Social Security Act—(i) Credit re­ (Section 7805 of the Internal Revenue Code State pays into the Federal unemployment Of 1954 (68A Stat. 917; 26 U.S.C. 7805)) account the amount so certified (and desig­ ductions for 1961 and 1962. Pursuant nates such payment as being made for pur­ to section 3302(c)(2), as applicable to [seal] Mortimer M. Caplin, poses of this sentence), the reduction pro­ credit allowable for any year ended be­ Commissioner of Internal Revenue. vided by the first sentence of this paragraph fore 1963, the total credits otherwise al­ Approved: March 4,1964. shall not apply for such taxable year. lowable under section 3302 to a taxpayer " * * * * * subject to the unemployment compensa­ S tanley S. S urrey, (Sec. 3302(c) as amended by sec. 523(b), So­ tion law of the State of— Assistant Secretary of the cial Security Amendments 1960; sec. 1, Act of (a) Alaska shall be reduced for the Treasury. Nov. 7, 1963 (Pub. Law 88-173, 77 Stat. 305) ) taxable year 1961 by an amount equal * * * * * [F.R. Doc. 64-2295; Piled, Mar. 9, 1964; to 0.15 percent of the wages paid by the 8:48 a.m.] Sec. 104. (Temporary Unemployment Com­ taxpayer during 1961 which are at­ pensation Act of 1958 (72 Stat. 173)). The total credits allowed under section 3302(c) tributable to Alaska, and shall be re­ [T.D. 6708] of the Federal Unemployment Tax Act . (26 duced for the taxable year 1962 by an U.S.C. 3302(c)) to taxpayers with respect to amount equal to 0.3 percent of the PART 31— EMPLOYMENT TAXES; AP­ wages attributable to a State shall be re­ wages paid by the taxpayer during 1962 PLICABLE ON AND AFTER JANU­ duced— which are attributable to Alaska; or (1) For the taxable year beginning on (b) Michigan shall be reduced for the ARY 1, 1955 January 1, 1963, by 5 percent of the tax im­ taxable year 1962 by an amount equal posed by section 3301 of the Federal Un­ to 0.15 percent of the wages paid by the Credit Reductions employment Tax Act, and (2) For any succeeding taxable year, by 10 taxpayer during 1962 which are attrib­ In order to conform the Employment utable to Michigan. Tax Regulations (26 CFR Part 31) to the percent of the tax imposed by said section 3301, (ii) Credit reductions for 1963 and Act of November 7, 1963 (Public Law 88- subsequent years. If any balance of an 173, 77 Stat. 305), and to revise captions unless and until the Secretary of the Treas­ ury finds that before November 10 of the advance or advances under title XII of of certain sections, such regulations are the Social Security Act, made before amended as follows: taxable year there have been restored to the Treasury the amounts of temporary unem­ September 13, 1960, to the unemploy­ P aragraph 1. Section 31.3302(c) is ployment compensation paid in the State ment account of a State, remains un­ amended by revising section 3302(c) (2) under this Act (except amounts paid to in­ paid on January 1, 1963, or on January and section 104 of the Temporary Un­ dividuals who exhausted their unemployment 1 of any succeeding taxable year, the employment Compensation Act of 1958. compensation under title XV of the Social total credits otherwise allowable under These amended provisions read-as fol­ Security Act and title IV of the Veterans’ section 3302 to a taxpayer subject to the lows: Readjustment Assistance Act of 1952 prior to their making their first claims under this unemployment compensation law of the § 31.3302(c) Statutory provisions; Act), the amount of costs incurred in the State shall be reduced for the taxable credits against tax; limit on total administration of this Act with respect to the year unless— credits. State, and the amount estimated by the Sec­ (a) No balance of such advance or ad­ Sec. 3302. Credits against tax. * * * retary of Labor as the State’s proportionate vances exists as of the beginning of No­ (c) Limit on total credits. * * * share of other costs incurred in the adminis­ vember 10 of the taxable year, or (2) If an advance or advances have been tration of this Act. In applying clauses (1) 0t>) The State pays into the Federal made to the unemployment account of a and (2) of the preceding sentence, the tax unemployment account, before Novem­ State under.title XII of the Social Security imposed by section 3301 of the Federal Un­ employment Tax Act shall be computed at ber 10 of the taxable year, the amount Act before the date of the enactment of the certified by the Secretary of Labor pur­ Employment Security Act of 1960, then the the rate of 3 percent in lieu of the rate pro­ total credits (after applying subsections (a) vided by such section. At the request (made suant to section 3302(c)(2), and desig­ and (b) and paragraph (1) of this subsec­ before November 1 of the taxable year) of the nates such payment as being made for tion) otherwise allowable under this section Governor of any State, the Secretary of Labor purposes of the last sentence of section for the taxable year in the case of a taxpayer shall, as soon as practicable after June 30 3302(c)(2). subject to the unemployment compensation or (if later) the date of the receipt of such law of such State shall be reduced— request, certify to such Governor and to the The credit reduction for a taxable year (A) In the case of a taxable year begin­ Secretary of the Treasury the amount he shall be a percentage of the wages paid ning on January 1, 1963 (and in the case of estimates for the taxable year beginning on 'by the taxpayer during that taxable year any succeeding taxable year beginning be­ January 1, 1963, equals .15 percent (and for which are attributable to the State. The fore January 1, 1968), as of the beginning of any succeeding taxable year equals .3 per­ percentage for the taxable year 1963, or which there is a balance of such advances, cent) of the total of the remuneration which would have been subject to contributions for any succeeding taxable year begin­ by 5 percent of the tax imposed by section ning before January 1, 1968, is 0.15 per­ 3301 with respect to the wages paid by such under the State unemployment compensation taxpayer during such taxable year which are law withv respect to the calendar year pre­ cent (that is, 5 percent of the Federal attributable to such State; and ceding such certification if the dollar limit tax, computed as if imposed at the rate (B) In the case of any succeeding taxable on remuneration subject to contributions of 3 percent of the wages). The percent­ year beginning on or after January 1, 1968, under such law were equal to the dollar limit age for any-taxable year beginning on as of the beginning of which there is a under section 3306(b) (1) of the Federal Un­ or after January 1, 1968, is the percent­ balance of such advances, by an additional employment Tax Act for such calendar year. age reduction for the immediately pre­ 5' percent, for each such succeeding taxable If, after receiving such certification and be­ fore November 10 Of the taxable year, the ceding taxable year plus 0.15 percent. year, of the tax imposed by section 3301 Thus, for 1968 the percentage is 0.3 per­ with respect to the wages paid by such tax­ State restores to the general fund of the payer during such taxable year which are Treasury the amount so certified (and desig­ cent, for 1969 the percentage is 0.45 per­ attributable to such State. nates such restoration as being made for pur­ cent, and for 1970 the percentage is 0.6 At the request (made before November 1 poses of this sentence), the reduction pro­ percent. vided by the first sentence of this section of the taxable year) of the Governor of any shall not apply for such taxable year. State, the Secretary of Labor shall, as soon (3) Payments under the Temporary as practicable after June 30 or (if later) [Sec. 104 as amendefi by sec. 524(b), Social Unemployment Compensation Act of the date of the receipt of such request, Security Amendments 1960; sec. 2, Act of 1958. If any amount of temporary un­ certify to such Governor and to the Secretary Nov. 7, 1963 (Pub. Law 88-173, 77 Stat. 306) ] of the Treasury the amount he estimates employment compensation was paid in a equals .15 percent (plus an additional .15 Par. 2. Paragraph (c) of § 31.3302(c)- State under the Temporary Unem ploy­ percent for each additional 5-percent re­ 1 is amended by revising subparagraphs ment Compensation Act of 1958, th e tota Tuesday, March 10, 1964 FEDERAL REGISTER 3199

credits otherwise allowable under sec­ ployer A paid wages of $100,000, all of which for, the Regular or Associate Course of tion 3302 to a taxpayer with respect to are subject to the unemployment compensa­ the U.S. Army Command and General tion law of State X. The credit which would wages attributable to the State for the be allowable (under section 3302 (a), (b), Staff College, or a higher course. taxable year beginning January 1, 1963, and (c) (1) ) if there were no credit reduction (b) Successful completion of any of the and for each taxable year thereafter, is $2,700. Employer A’s tax is computed as following courses will be considered as shall be reduced unless prior to Novem­ follows for 1964: satisfying the requirement of (a) of this ber 10 of the taxable year— Total taxable wages (attributable subdivision. (i) There have- been restored to the to State X)______$100,000 (.1 ) Any wartime resident General or Treasury the amounts of temporary un­ Service Staff Course of the U.S. Army employment compensation paid in the Gross Federal tax (3.1 percent of Command and General Staff College. State (except amounts/ paid to individ­ wages) ------. 3,100 (2) Both the Special Associate Course uals who exhausted their unemploy­ Less credit: (Division) and the Special Associate ment compensation under title XV of the Gross credit___ «______$2, 700 Course (Advanced) of the U.S. Army Credit reduction (1.45 Social Security Act and title IV of the percent of wages) ____ 1,450 Command and General Staff College. Veterans’ Readjustment Assistance Act Net credit.______1, 250 (These courses are no longer adminis­ of 1952 prior to their making their first tered.) claims under the Temporary Unemploy­ Amount of Federal tax due______1, 850 (3) Both the USAR School Associate ment Compensation Act of 1958), the Command and General Staff Course (Di­ amount of costs incurred in the admin­ P ar. 3. The caption of § 31.3306 (b) (8) vision) and the USAR School Associate istration of the Temporary Unemploy­ is amended to read as follows: Command and General Staff Course ment Compensation Act of 1958 with re­ § 31.3306(b) (8) Statutory provisions; (Advanced). (These courses are no spect to the State, and the amount esti­ definitions; wages; payments to em­ longer administered.) mated by the Secretary of Labor as the ployees for non-work periods. (4) Both the U.S. Army Command State’s proportionate share of other costs * - * * * * and General Staff College Extension incurred in the administration of such P ar. 4. The caption of § 31.3306(b) Course and the Advanced Combat Arms Act, or (8) —1 is amended to read as follows: or Advanced Logistics Course. (These (ii) The State restores to the general courses are no longer administered.) fund of the Treasury the amount certi­ § 31.3306(b) (8)—I Payments to em­ (5) The USAR Associate Command fied by the Secretary of Labor pursuant ployees for non-work periods. and General Staff Course (5-year to section 104 of the Temporary Unem­ * * * * * course). ployment Compensation Act of 1958, and Because the amendments made by this (6) The U.S. Army Command and designates such restoration as being Treasury decision merely conform the General Staff College Extension Course. made for purposes of the last sentence of regulations to the Act of November 7, (7) The resident-nonresident exten­ such section. 1963 (Public Law 88-173, 77 Stat. 305), sion course of the U.S. Army Command and revise captions of certain sections, it and General Staff College. The credit reduction for a taxable year is hereby found that it is unnecessary (c) State adjutants general may be shall be a percentage of the wages paid to issue this Treasury decision with considered to meet the military educa­ by the taxpayer during that year which tional requirement for promotion to or are attributable to the State. The per­ notice and public procedure thereon un­ der section 4(a) of the Administrative within general officer grade if the board centage for the taxable year 1963 is 0.15 Procedure Act, approved June 11, 1946, determines the officer concerned was pre­ percent (that is, 5 percent of the Federal viously found fully qualified in meeting tax, computed as if imposed at the rate or subject to the effective date limita­ tion of section 4(c) of that Act. military educational prerequisites for of 3 percent). The percentage for any promotion to colonel in the branch in succeeding year is 0.3 percent (that is, (Sec. 7805 of the Internal Revenue Code of which serving at the time of considera­ 10 percent of the Federal tax, computed 1954 (68A Stat. 917; 26 U.S.C. 7805)) tion. as if imposed at the rate of 3 percent). [seal] M ortimer M. Caplin, (ii) To colonel of a combat arm.1 (4) Example. The cumulative effect Commissioner of Internal Revenue. Same as outlined in subdivision (i) of of the crédit reductions described in this Approved March 4,1964. this subparagraph. paragraph may be illustrated by the fol­ (iii) To field grades (other than AIS lowing example : S tanley S. S urrey, and colonel of a combat arm)-: Example. Advances to the unemployment Assistant Secretary of the (a) Successful completion of, or re­ account of State X were made in 1957 and in Treasury. ceipt of constructive or equivalent credit 1961 under title XII of the Social Security [F.R. Doc. 64-2296; Filed, Mar. 9, 1964; for the Regular, Associate Advanced Act. Payments under the Temporary Unem­ 8:49 a.m.] Course, or Associate Career Course of the ployment Compensation Act of 1958 were made in State X in 1958. No portion of the service school appropriate to the appli­ advances or payments is returned before No­ cant’s branch of assignment, or higher vember 10, 1964. As a consequence: course. (a) The credit reduction applicable under Title 32— NATIONAL DEFENSE (b) Enrollment and satisfactory par­ subparagraph (1 ) of this paragraph is made ticipation in any current course listed for 1964 at the rate of 0.15 percent; Chapter V— Department of the Army in subdivision (i) of this subparagraph. (b) The credit reduction described in sub- SUBCHAPTER E— ORGANIZED RESERVES (iv) To captain (other than AIS) : paragraph (2) of this paragraph has been (a) Successful completion of or re­ made for 1963 (the second successive year PART 564— NATIONAL GUARD ceipt of constructive or equivalent credit after 1961) at the rate of 0.3 percent. The REGULATIONS rate of credit reduction under subparagraph for the Basic Officer’s Regular or Asso­ (2) for 1964 is 1 percent (the aggregate of Commissioned Officers ciate, Company/Battery Course, or Ori­ «•6 percent under section 3302(c) (3) (A) and entation or Familiarization Course of the •^percent (assumed for purposes of this ex- In § 564.4(f), subparagraph (3) is re­ service school appropriate to the officer’s ™ple to be the percentage referred to in sec- vised to read as follows: branch of assignment, or higher course. ion 3302(c) (3) (B) which is certified by the (b) Successful completion of the Reg­ secretary of Tabor), and § 564.4 Promotion. .* * * * * ular Branch Material Officer’s Candi­ (c) The credit reduction described in sub- date Course of the officer’s branch of *Lr?£r^Pl1 (3) of this paragraph has been (f) Promotion to fill unit vacancies. e for 1963 at the rate of 0.15 percent. assignment (does not include State OCS :7e rate of credit reduction for 1964 is 0.3 (3) Minimum military educational re­ or Special ARNG OCS of 9 and 11 weeks percent. quirements. The following minimum conducted at the U.S. Army Infantry military educational requirements will and U.S. Artillery and Missile Schools). nHn<.£ymula*;ive rate of credit reduction ap- be a prerequisite for promotion above the (c) Enrollment and satisfactory par­ Stat» y / 0r to waSes attributable to grade of first lieutenant: gre .x " L46 percent, representing the ag- ticipation in one of the courses listed in eahio 6 °f Percentage reductions appli- (i) To and within general officersubdivision (iii) (a) of this subparagraph. *ne under subparagraphs (1), (2), and (3) grade: and Paragraph (0.15 percent, 1 percent, (a) Successful completion of, or re­ 1 Combat arms include Armor, Artillery, percent, respectively). In 1964 Em­ ceipt of constructive or equivalent credit Engineers, Infantry, and Signal Corps. 3200 RULES AND REGULATIONS

( v ) Army Intelligence Security officers : military educational requirement for for this purpose. Because of the addition (a) To lieutenant colonel: The award promotion to the next higher grade when of new paragraphs, the former designa­ of a diploma by the U.S. Army Intelli­ the Federal Recognition Board deter­ tions of paragraphs of section 12 have gence School for completion of the ad­ mines that the applicant, through the been changed. Redesignated paragraphs vanced or career officer course of the pursuit of his or her profession, has ac­ (b) and (c) of section 12 have been modi­ Intelligence Training Army Area School. quired the professional knowledge and fied in the light of the level of authorized (b) To major: Completion of 50 per­ experience commensurate to the higher imports of residual fuel oil to be used as cent of the advanced or career officer grade. fuel established for the period beginning course of the Intelligence Training Army (/) The professional knowledge and April 1, 1964, the quantity reserved for Area School. experience alternate provided in (e) current allocation by the Oil Import Ap­ (c) To captain: Successful completion above is not applicable to Medical Corps peals Board, and the quantity embraced or receipt of constructive or equivalent officers for promotion in MOS 3000 or in relief already granted by the Board. credit for any intelligence or security 3500 positions or Dental Corps officers for A new subparagraph (5) has been added officer specialist course of the U.S. Army promotion in MOS 3178 positions. to redesignated paragraph (d) of section Intelligence School or U.S. Army Security (vii) As an exception to the require­ 12 to permit the positioning of residual Agency School or Intelligence Training ments prescribed in subdivisions (iii), fuel oil to serve an eligible applicant’s Army Area School. (iv), and (v) of this subparagraph, an customers without incurring additional (vi) Alternate requirements: To com­ officer whose branch was changed by costs to avoid the loss of terminal inputs pany and field grades (other than reason of a conversion, redesignation, or in instances in which the Administrator colonel of a combat arm) in lieu of the reorganization which was directed to approves. Advance approval must be requirements prescribed in subdivisions meet Department of the Army mobiliza­ obtained from the Administrator in (iii), (iv), and (v) of this subparagraph. tion requirements, may be considered for order to count terminal inputs under this (a) Successful completion of or con­ promotion with a waiver, as provided in new paragraph. Redesignated para­ structive credit for a nonresisdent or § 564.3, provided the change of branch graph (e) has been amended with respect combination resident-nonresident course was within 3 years prior to the date he is to the expiration dates of licenses to (includes USAR School course) appro­ being considered for promotion and fur­ provide that as much residual fuel oil as priate to the branch and new grade, as ther provided he meets the military possible will be available during the criti­ follows: educational requirements for promotion cal period of the fuel year; under the (1) To lieutenant colonel and colonel in the previous branch. amended paragraph licenses issued dur­ ing the first three quarterly periods will (other than colonel of a combat arm) : Note. Officers enrolled and satisfactorily The advanced or career course. participating in a higher course are consid­ expire on January 31, 1965. (2) To major: Fifty percent of the ered to have received constructive or equiva­ A new paragraph (g) has been added total credit hours of the advanced or lent credit for the lower course of their to section 12 providing that a person career course. (Evidence of completion branch of service provided credit for the acquiring management and operational of partial extension course requirements lower course is a prerequisite or requirement control of a deep-water terminal by any for promotion to major will be furnished for enrollment in the higher course (e.g., means other than an outright sale will officers enrolled in a branch career course are not be entitled to the terminal inputs the officer concerned by the service considered to have been awarded credit for school in which enrolled.) either the familiarization or orientation which had been accumulated by the (3) To captain: The Company/Bat­ branch course). Officers enrolled in a Com­ transferor. Because allocations must be tery, or Familiarization or Orientation mand and General Staff College course or the made and licenses issued for the alloca­ Course. USAR, Command and General Staff College tion period beginning April 1, 1964, it is (b) Armor and Infantry officers may Course are considered to have been awarded impracticable either to give notice of pro­ satisfy the educational requirements for credit for the career course of their branch of posed rule-making or to delay the effec­ assignment. tive date of Amendment 1. Accordingly, promotion up to and including the grade ♦ * * * # of lieutenant colonel by successfully com­ Oil Import Regulation 1 (Revision 4) [C 1, NGR 20-3, 6 January 1964] (Sec. 110, Amendment 1 shall be effective immedi­ pleting the appropriate course of instruc­ 70A Stat. 600; 32 U.S.C. 110) tion, resident or extension conducted by ately. 1. Section 12 of Oil Import Regulation either the U.S. Army Armor School or J. C. L ambert, the U.S. Army Infantry School. Major General, U.S. Army, 1 (Revision 4) (28 F.R. 14320) is amended (c) Artillery officers may satisfy the The Adjutant General. to read as follows: educational requirements for promotion [F.R. Doc, 64-2269; Filed, Mar. 9, 1964; Sec. 12. Allocations of residual fuel oil to captain by successfully completing an 8:46 a.m.] to be used as fuel in District I. officer weapons qualification course in (a) Of the imports of residual fuel oil residence at the U.S. Army Artillery and to be used as fuel into District I author­ Missile School or the U.S. Army Air De­ ized for the allocation period April 1, fense School, and continuous service on Title 32A— NATIONAL DEFENSE, 1964 through March 31, 1965 (1) the active duty for a minimum period of 6 Administrator shall allocate 6,165 barrels months. APPENDIX daily in accordance with the decisions of (d) Officers who complete, or have Chapter X— Oil Import Administra­ the Oil Import Appeals Board and (2) completed, a minimum of 2 years of 8,220 barrels daily are reserved from active military service in grade, and tion, Department of the Interior allocation by the Administrator and whose efficiency report for that period [Reg. 1, Rev. 4, Arndt. 1] made available to the Oil Import Appeals reflects an average or better perform­ Board until February 1, 1965 in order ance, may be considered to have met the Ol REG. 1—-OIL IMPORT that any relief granted by the Board in military educational requirement for REGULATION the first ten calendar months of the allo­ promotion to the next higher grade, pro­ Residual Fuel Oil cation period may be made effective m vided that the promotion is in the same that period. branch as that in which the active mili­ Experience in the past has indicated (b) (1) An eligible applicant who has tary service was performed. Active duty that in certain circumstances the Oil an allocation of imports of crude oil pur­ in Armor and Infantry branches is con­ Import Appeals Board should be in a suant to section 10 of this regulation ana sidered compatible. position to grant relief to importers of who during the calendar year 1957 im­ (e) Except as indicated in (/) below, residual fuel oil to be used as fuel which ported into District I residual fuel an applicant for promotion in the Medi­ will become effective during a current used as fuel shall be entitled, for tn cal, Dental, Veterinary, Army Nurse, allocation period. Accordingly, an ap­ allocation period April 1, 1964 throug Army Medical Specialist Corps, and propriate amendment authorizing the March 31, 1965, to an allocation (ex­ Medical Service Corps officers with pri­ Board to do so is made in section 21 and pressed in terms of average barrels daily mary MOS 2230, 2232, 2239, 3307, 3308, new paragraph (a) of section 12 reserves of imports into District I of residual iu 3309, 3310, 3311, 3314, 3315, 3316, 3318, from allocation by the Administrator a oil to be used as fuel equal to 78.5 Perce, 3327, 3340, 3350, 3606, 5525, and 7960, quantity of residual fuel oil to be avail­ of the ratio that the applicant’s impor» may be considered to have satisfied the able until February 1, 1965 to the Board during the calendar year 1957 into Tuesday, March 10, 1964 FEDERAL REGISTER 3201 trict I of residual fuel oil used as fuel bore terminal input residual fuel oil to be (7) No residual fuel oil to be used as to all such imports into District I during used as fuel which was delivered into a fuel may be counted as a terminal input that year multiplied by 623,615. deepwater terminal in District I under when it is placed, or so long as it re­ (2) An eligible applicant who does not his management and operational control mains, in bonded storage at a deepwater have an allocation of imports of crude oil if he owned the oil when it was placed in terminal in District I. An eligible ap­ pursuant to section 10 of this regulation the terminal and if the delivery consti­ plicant may count as a terminal input but who during the calendar year 1957 tuted the first delivery of that oil to a residual fuel oil to be used as fuel which imported into District I residual fuel oil deepwater terminal in District I. How­ he owned when it was placed in bonded used as fuel shall be entitled, for the ever, an eligible applicant must reduce storage in a deepwater terminal under allocation period April 1, 1964 through his terminal inputs by the quantity of his management and operational con­ March 31, 1965, to an allocation (ex­ residual fuel oil to be used as fuel which trol in District I when such oil is with­ pressed in terms of average barrels daily) he transfers from his deepwater terminal drawn from bonded storage for use in of imports into District I of residual fuel in District I: District I or for bunkering ships in the oil to be used as fuel equal to 81.5 per- (i) If that oil is delivered to a deep­ coastwise trade, except as provided in c nt of the ratio that the applicant’s im­ water terminal in District I under the subpararaph (8) of this paragraph. ports during the calendar year 1957 into management and operational control However, if such oil is withdrawn from District I of residual fuel oil used as fuel of a person who is an eligible applicant bonded warehouse or consumption and bore to all such imports into District I under subparagraph (2), paragraph (d), is transferred to another deepwater during that year multiplied by 623,615. section 4 of this regulation, and terminal in District I, then the provisions (c)(1) Except as provided in para­ (ii) If title to the oil passes to the to subparagraph (3) of this paragraph graph (b) (1) of this section and unless transferee (buyer) when it is delivered relating to transfers shall apply. and allocation under paragraph (b) to the transferee’s deepwater terminal. (8) Residual fuel oil consumed by an (1) would be larger, each person who is In such an instance, the transferee applicant in refinery or terminal opera­ an eligible applicant under subparagraph (buyer) may claim as a terminal input tions, as bunkers for his ships, or for (2) , paragraph (d), section 4 of this the quantity of oil so transferred. any other purpose, may not be counted regulation who has an allocation of im­ (4) An eligible applicant who has as a terminal input. ports of crude oil pursuant to section under his management and operational (e) The allocations under paragraphs 10 of this regulation shall receive, for the control a deepwater terminal in District (b) and (c) of this section shall be made allocation period April 1, 1964 through I may also count as a terminal input for periods of 12 months. The Admin­ March 31,1965, an allocation (expressed residual fuel oil to be used as fuel which istrator shall, however, issue licenses in in terms of average barrels daily) of the applicant (i) owned, and (ii) sold an amount not to exceed 22 percent of imports into District I of residual fuel to a person who was not in the business each allocation for the period of three 011 to be used as fuel based on the ap­ of selling residual fuel oil to be used as months beginning April 1, 14 percent plicant’s terminal inputs for the year fuel and (iii) delivered to a deepwater for the period of three months beginning ending December 31, 1963 and computed terminal in District I under the man­ July 1, 25 percent for the period of three according to the following schedule: agement and operational control of such months beginning October 1, and 39 person, provided that such delivery con­ percent for the period of three months Percent beginning January 1. Licenses issued Average B/D input: of input stituted the first delivery of that oil to 0-5,000 ______60.0 a deepwater terminal in District I. for the respective three-month periods 5,000 plus______27.25 (5) In addition, an eligible applicant commencing April 1, July 1, and Octo­ who has under his management and op­ ber-1, shall expire on January 31, 1965, (2) Except as provided in paragraph erational control a deepwater terminal and licenses issued for the three-month (b) (2) of this section and unless an al­ in District I may count as a terminal in­ period commencing January 1, and any location under paragraph (b) (2) would put residual fuel oil to be used as fuel other outstanding licenses issued during be larger, each person who is an eligible which the applicant (i) owned, and (ii) the fuel year, shall expire on March 31, applicant under subparagraph (2), par­ sold to a Federal Agency, or to an agency 1965. The Administrator may, in his agraph (d), section 4 of this regulation of a State or a political subdivision of discretion, upon written petition adjust and who does not have an allocation of a State, and (iii) delivered to a deep­ the percentages for a particular licensing imports of crude oil pursuant to section water terminal in District I for the ac­ period or the expiration date of such li­ 10 of this regulation shall receive, for count of such agency, provided that such censes issued to the petitioner to such the allocation period April 1, 1964 delivery constituted the first delivery of a degree as in the opinion of the Ad­ through March 31, 1965, an allocation that oil to a deepwater terminal in ministrator is necessary to afford the (expressed in terms of average barrels District I. petitioner a reasonable measure of relief daily) of imports into District I of re­ (6) An eligible applicant who has a in an instance in which the petitioner sidual fuel oil to be used as fuel based deepwater terminal in District I under can demonstrate that: (1) It will be un­ on the applicant’s terminal inputs for his management and operational con­ able to import in full tanker cargoes; the year ending December 31, 1963 and trol may also count as a terminal input (2) it will be unable to import during a computed according to the following residual fuel oil to be used as fuel which closed navigational season; (3) the rate schedule: of consumption in a particular area does Percent was delivered into a deepwater terminal in District I under the management and not conform to that of District I as a Average B/D input: of input whole; (4) that the health, safety, or op­ 0- 1,000 ______100.0 operational control of another person (i) 1-5,000 ______70.0 if the eligible applicant delivering the erations of consumers which petitioner 5,000 plus______36.0 oil owned the oil when it was placed in serves will be imperiled; or (5) for other the terminal, (ii) if the delivery consti­ good cause shown. In connection with (d)(1) During the year ending De­ petitions under clause (4) the Admin­ cember 31, 1964 and succeeding years, tuted the first delivery of that oil to a deepwater terminal in District I, and istrator shall require a full disclosure of terminal inputs shall be computed only the requirements of the consumers in­ as provided in this paragraph (d). (iii) if, before the oil is delivered, the applicant has received written permission volved, the efforts of such consumers and (2) In order to constitute a terminal from the Administrator to count the oil of the petitioner to obtain supplies of input a delivery into a deepwater termi­ as a terminal input. The Administrator residual fuel oil to be used as fuel, and nal (or a withdrawal as provided in sub- may grant such permission only upon the consumers ability to utilize alterna­ paragraph (7) of this paragraph) must tive fuels and the availability to them have occurred during the year ending a written request and only if he de­ three months prior to the beginning of termines on the basis of the written re­ of such fuels. the allocation period for which an allo­ quest that the delivery is solely for the (f) If any part of a deepwater termi­ cation is requested. purpose of positioning stocks to enable nal is removed from the management (3) Except as provided in subpara­ the applicant to serve his customers and operational control of an eligible graphs (7) and (8) of this paragraph, without incurring substantial costs to applicant by sale, transfer, lease, or any an eligible applicant may count as a avoid the loss of terminal inputs. other means, the part so removed shall 3202 RULES AND REGULATIONS not constitute a separate deepwater ter­ It appearing, that it is desirable to minal for the purpose of computing allo­ Title 47— TELECOMMUNICATION delegate the Chief, Safety and Special cations based on terminal inputs. An Radio Services Bureau the authority to allocation will be computed as if the Chapter I— Federal Communications act on requests for waiver of the type transaction had not taken place. After Commission acceptance requirement of § 83.139 where the allocation for a particular allocation [FCC 64-160] the applicant is operating a ship radio­ period has been so computed, the Ad­ telephone transmitter on frequéncies be­ ministrator may, in his discretion, divide PART 0— COMMISSION tween 4 and 27.5 Mc/s and where au­ the allocation between the eligible appli­ ORGANIZATION thority is needed to operate non-type cant from whose management and op­ Functions of the Office of Executive accepted radiotelephone equipment erational control the part of the termi­ pending conversion to single sideband; nal was removed and the person who Director and assumed management and operational At a session of the Federal Communi­ It further appearing, that such dele­ control, if these persons agree upon, and cations Commission held at its offices in gation of authority will result in a more request, a division. Washington, D.C., on the 4th day of efficient administration of the Commis­ .(g) In the event that a person ac­ March 1964; sion’s functions; and quires management and operational con­ The Commission having under consid­ It further appearing, that the amend­ trol of an entire deepwater terminal eration the implementation of its sched­ ments herein ordered are non-substan­ from an eligible person, by any means ule of application filing fees as set forth tive in that they relate to organizational other than an outright sale, the person in Subpart G of Part 1 of the rules; and and procedural matters, and, hence, the acquiring the deepwater terminal will It appearing, that rules governing fees Public Notice and effective date provi­ not be entitled to claim as his terminal will require interpretation from time to sions of section 4 of the Administrative inputs those terminal inputs which had time, that fee rules pertaining to the Procedure Act are not applicable; and been accumulated as of the date of the several radio services should be consist­ It further appearing, that the author­ transfer of control by the person from ently interpreted, and hence that the ity for the delegation herein ordered is which management and operational con­ function of interpreting those rules contained in sections 4(i) and 5(d)(1) trol has been acquired. should be vested in the Executive Di­ of the Communications Act of 1934, as (h) No allocation made pursuant to rector and the Général Counsel; and amended. this section may be sold, assigned, or It further appearing, that the amend­ It is ordered, effective March 16, 1964, otherwise transferred. All residual fuel ments adopted herein pertain to Com­ that Part 0 of the Commission’s rules oil to be used as fuel which is imported mission management and organization, is amended as set forth below. into District I under an allocation made and that the notice and publication re­ Released: March 5,1964. pursuant to this section shall be sold quirements of section 4 of the Admin­ only in District I for use in that District istrative Procedure Act are not appli­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. or for use as ships bunkers. 154. Interprets or applies sec. 5, 48 Stat. cable; and 1068, as amended; 47 U.S.C. 155) 2. Paragraph (c) of section 21 of Oil It further appearing, that the amend­ Import Regulation 1 (Revision 4) (28 ments adopted herein are issued pursu­ F ederal Communications F.R. 14322) is amended to read as ant to authority contained in section Commission,1 follows : 4(i), 5(b), and 303(r) of the Communi­ [seal] * B en F. W aple, cations Act of 1934, as amended: Secretary. Sec. 21. Appeals. * It is ordered, Effective March 12, 1964, Part 0 is amended as follows: * * He * that § 0.11 of the Commission’s rules is 1. Section 0.331(b) is amended by (c) (1) Except as provided in subpara­amended to add a new paragraph (e) to adding a new subparagraph 15 as follows; read as follows: graphs (2) and (3) of this paragraph, § 0.331 Authority delegated. the modification or grant of an alloca­ § 0.11 Functions of the Office. ***** tion by the Appeals Board shall become * * * * * (b) * * * effective in the allocation period, as pro­ (e> With the concurrence of the Gen­ (15) To act on requests for waiver of vided in section 3 of this regulation, eral Counsel, to interpret the rules and which succeeds the allocation period dur­ the type acceptance requirement of regulations pertaining to application § 83.139 of this chapter where the ap­ ing which the Board’s decision is made filing fees. and no decision of the Appeals Board plicant is operating a ship radiotele­ shall become effective unless it is made (Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as phone transmitter on frequencies be­ and the Administrator is notified more amended; 47 U.S.C. 154, 155, 303) tween 4 and 27.5 Mc/s and where au-, than 30 calendar days before the begin­ Released; March 5,1964. thority is needed to operate non-type ning of an allocation period. accepted ship radiotelephone equipment (2) An allocation granted pursuant to F ederal Communications pending conversion to single sideband. subparagraph (2) or (3) of paragraph Commission,1 [F.R. Doc. 64-2301; Filed, Mar. 9, 1964; (b) of this section to a person who has [seal] B en F. W aple, 8:49 a.m.] become ineligible because of total loss Secretary. of refinery capacity or deepwater ter­ [F.R. Doc. 64-2300; Filed, Mar. 9, 1964; minal facilities may be made effective 8:49 a.m.] Title 40— TRADE AGREEMENTS within the allocation pèriod during which the Appeals Board’s decision is made. [FCC 64-172] AND ADJUSTMENT ASSISTANCE (3) The Board may make effective in a current allocation period a grant or a PART 0— COMMISSION PROGRAMS ORGANIZATION modification of an allocation of imports Chapter I— Presidential Documents of residual oil to be used as fuel when a Delegation of Authority quantity of such imports has been made SUBCHAPTER A— ÔRGANIC ORDERS At a session of the Federal Commu­ PART 2— PUBLIC ADVISORY COM­ available for such purpose by thé Sec­ nications Commission held at its offices retary of the Interior. in Washington, D.C., on the 4th day of MITTEE FOR TRADE NEGOTIATIONS * * * * * March 1964; Part 2 is added to Title 48, Chapter I, Stewart L. Udall, The Commission having under con­ Subchapter A, reading as follows: Secretary of the Interior. sideration an additional delegation of Sec. f authority to the staff ; 2.1 Establishment and membership w March 6,1964. Committee. [F.R, Doc. 64-2368; Filed, Mar. 9, 1964; 1 Commissioners Henry, chairman; and2.2 Functions of Committee. 8:51 a.m.] Ford absènt. 2.3 Regulations. Tuesday, March 10, 1964 FEDERAL REGISTER 3203

Derivation : The text off the sections in indicated provisions of Executive Order this part are derived from the text of E.O. No. 11007 in relation to the Committee, ,11143 (29P.R. 3127)J and he is authorized to exercise the au­ § 2.1 Establishment and membership of thority contained in sections 6(f) and Com m ittee. 10(a) of that order and to prescribe such additional regulations with respect (a) There is hereby established a com­ to the Committee as he may deem mittee to be known as the Public Advi­ necessary. sory Committee for Trade Negotiations (hereinafter referred to as the Com­ mittee). (b) The Committee shall be composed of not less than 30 and not more than Title 49— TRANSPORTATION 40 members, who ; shall serve without Chapter I— Interstate Commerce compensation. The members, other Commission than the Chairman, shall be designated by the President from among appro­ SUBCHAPTER A— GENERAL RULES AND priately qualified citizens of the United REGULATIONS States outside the United States Govern­ ment, and shall be representative of the PART 120— ANNUAL, SPECIAL OR economy of the United States. PERIODICAL REPORTS § 2.2 Functions o f C om m ittee. Annual Report Form G (Electric (a) The Committee shall advise the Railways) Special Representative for Trade Nego­ tiations with respect to such matters as N ote: Annual Report Form G (electric he may specify pertaining to the prep­ railways), prescribed by §120.21, has aration for and the participation in in­ been submitted to the Office of the Fed­ ternational trade negotiations. eral Register and has been filed with (b) The Committee shall be chaired Federal Register Document 63-12174 by the Special Representative for Trade (28F.R. 12318). Negotiations or his Deputy and shall meet upon the request of the Special Representative for Trade Negotiations or PART 120— ANNUAJL, SPECIAL OR his Deputy. PERIODICAL REPORTS § 2.3 Regulations. Annual Report Form H (Express (a) The provisions of Sections 4, 6(a), Companies) 6(b), 6(c), 6(f), and 10 of Executive Or­ der No. 11007 of February 26, 1962, are N ote: Annual Report Form H (express hereby adapted and made applicable to companies), prescribed by § 120.31, has the Committee. been submitted to the Office of the Fed­ (b) The Special Representative for eral Register and has been filed with Trade Negotiations shall be responsible Federal Register Document 63-12697 (28 for assuring compliance with the above­ F.R. 13310).

No. 48----- 3 of the associated base station, using the tions 4(i) and 303(b), (d), (f), (h) and FEDERAL COMMUNICATIONS mobile station frequency paired with the (r) of the Communications Act of 1934 base station frequency4 may serve the as amended. COMMISSION public interest. Such blanket authoriza­ 8. Pursuant to the applicable proce­ tions for mobile stations, though not re­ dures set forth in § 1.415 of the Commis­ [ 47 CFR Part 21 1 stricted to the reliable service area, have sion’s rules, interested persons may file [Docket No. 15357; FCC 64-167] proved to be practical and administra­ comments on or before May 1,1964, and tively efficient. It appears that blanket reply comments on or before May 15, DOMESTIC PUBLIC LAND MOBILE authorizations for certain dispatch sta­ 1964. All relevant and timely comments RADIO SERVICE; DISPATCH STA­ tion facilities would similarly serve the and reply comments will be considered TIONS public’s convenience and necessity, and, by the Commission before final action is incidentally, result in a slight increase taken in this proceeding. In reaching its Notice of Proposed Rule Making in administrative efficiency. decision in this proceeding, the Commis­ 1. Notice of proposed rule making in 4. The proposed blanket authorization sion may also take into account other the above-entitled matter is hereby procedure, detailed below, specifies the relevant information before it, in addi­ given. limitations which would be applicable to tion to the specific comments invited by 2. The Commission has before it a pe­ equipment and construction of dispatch this notice. tition for rule making, filed September stations which may be installed under 9. In accordance with the provisions of 11, 1962 by the National Mobile Radio the terms of the blanket authorization, § 1.419 of the Commission’s rules, an System (NMRS) which contains, inter and requires that dispatch stations will original and 14 copies of all statements, alia,1 a request for a rule change to pro­ not degrade the mobile communication briefs, or comments filed shall be fur­ vide for blanket authorization of dis­ service rendered by the related base sta­ nished the Commission. tion nor cause electrical interference. patch station2 facilities. At the present Adopted: March 4,1964. time an application must be submitted The NMRS petition suggested blanket for each dispatch station desired. Nor­ authorization of dispatch stations with­ Released: March 5, 1964. mally, suGh applications are reported on out reference to the reliable service con­ tour. However, the application of the F ederal Communications a public notice, after which notice no ommission proposed relaxation of the rules is lim­ C ,6 action may be taken until a period of 30 [seal] B en F. Waple, days has elapsed. In addition thereto, ited to that area within the reliable serv­ Secretary. current backlogs of applications impose ice contour of the associated base station further delays in routine processing. where it is assumed that claims of eco­ 1. Section 21.515(a) is amended to NMRS states that it is contrary to the nomic injury or potential electrical read as follows: public interest to require a subscriber interference should be negligible. It § 2 1 .5 1 5 Control points, dispatch points would appear that in situations not cov­ and dispatch stations. with a present need for this type of fa­ ered by the blanket authorization pro­ cility to be burdened with the processing cedure as proposed by the Commission (a) Dispatch stations, other than delays associated with an application for public notice of applications for individ­ those installed pursuant to § 21.519(a), a permit to establish dispatch station fa­ ual dispatch stations is required in order may be installed only with specific au­ cilities. NMRS suggests that the re­ to protect the rights of interested parties. thorization from the Commission. Upon quested authority should be granted in This action appears to be appropriate, removal of a specifically licensed dis­ much the same manner that licensees even though the Commission has pro­ patch station, the licensee must within obtain authority to operate mobile sta­ posed certain restrictions on the location 30 days thereafter submit to the Com­ tions. Specifically, it is urged that base of dispatch stations, generally, ~ in its mission in Washington, D.C., the dis­ station authorizations should provide notice of proposed rule making, 28 F.R. patch station license for cancellation. that the licensee will notify the district 2992, issued March 27, 1963 (Docket No. Dispatch points may be installed or re­ Engineer-in-Charge two days prior to 15015, FCC 63-263). moved without authorization. Dispatch the establishment of a dispatch station, 5. By reason of the foregoing, it is pro­ point circuit facilities shall be installed stating the proposed location and other posed to add a new § 21.520 and modify in conformance with the requirements of pertinent details, so that the Commis­ §§ 21.515 and 21.519 of the Commission’s paragraph (c) (2) of this section. sion may “inspect or otherwise exercise rules and regulations. * * * * * its regulatory functions.” In this way, 6. Comments are invited concerning 2. Section 21.519 is amended to read NMRS seeks to eliminate the “adminis­ the proposal herein which would provide as follows: trative processing” delays associated with for blanket authorizations to establish the establishment of individual dispatch § 21.519 Use of mobile station fre­ dispatch stations on mobile station fre­ quency for dispatch stations. stations. quencies within the 37 dbu contour of an 3. The Commission believes that a associated base station after an appro­ A base station licensee may be author­ blanket authorization procedure for the priate notification to the Commission. ized to install, for a mobile station sub­ establishment of dispatch station facili­ 7. The proposed amendment of the scriber or a group of mobile station ties which are within the 37 dbu contour3 rules, as set forth below, is issued pur­ subscribers, a dispatch station using the suant to the authority contained in sec- mobile station frequency paired with the 1 This notice is not a disposition of the associated base station frequency. Au­ NMRS petition (RM-364). However, the in two-way communication service with thorization for the establishment and matter dealt with herein has been selected ^mobile stations . . .” operation of any dispatch station will be for immediate attention, leaving the balance Section 21.504(b) provides as follows: “The on the express condition that such sta­ of the petition for disposition in another field strength contours described in para­ tion will not cause harmful interference document. graph (a) of this section shall be regarded as to the mobile or rural radio services and 2 A fixed station, operated by a subscriber determining the limits of the reliable service or a group of subscribers communicating area of the related base stations for the will not inhibit use by the mobile radio through the base station with the individual purpose of providing protection to such sta­ service of the frequencies assigned to the tions from co-channel electrical harmful dispatch station or degrade the mobile subscriber’s own mobile station or stations. interference and defining the area within 3 Section 21.504(a) provides as follows: which consideration will be accorded claims communication service rendered by the “The limits of reliable service area of a base of economic competitive injury.” base station. No dispatch station shall station are considered to be described by a 4 Mobile frequencies are paired with base field strength contour of 37 decibels above station frequencies pursuant to tables con­ 5 Commissioners Henry, chairman; and one microvolt per meter for stations engaged tained in § 21,501 (b) and (c), Ford absent. 3204 Tuesday, March 10, 1964 FEDERAL REGISTER 3205 be installed at any site or under condi­ facts alleged in such notification will [ 7 CFR Parts 1030-1032, 1038, 1039, tions whereby it will be capable of over­ be changed, written notice thereof shall 1045, 1050, 1051, 1061-1064, riding the control functions of a control be given to the Commission and its 1067-1070, 1078, 1079, 1094, station using the same frequency. Engineer-in-Charge, at least five days 1096, 1097, 1099, 1102, 1103, prior to the execution of the change. (a) Within the reliable service area of 1105, 1107, 1108 1 an associated base station, a licensee may [F.R. Doc. 64-2302; Filed, Mar. 9, 1964; install a dispatch station without au­ 8:49 a.m.] HANDLING OF MILK IN CERTAIN thorization for the specific location if the MARKETING AREAS antenna height employed at any such location does not exceed the criteria set DEPARTMENT OF AGRICULTURE Notice of Extension of Time for Filing forth in § 17.3 of this chapter, the rated Exceptions to the Recommended power output of the transmitter does not Agricultural Marketing Service exceed 10 watts and each such installa­ Decision on Proposed Amendments tion otherwise complies with the require­ [ 7 CFR Parts 1003, 1005, 1008, 1009, to Tentative Marketing Agreements ments of §§ 21.107, 21.108, 21.110, 21.506, 1011, 1013, 1016, 1033-1037, and to Orders 21.520 and all other pertinent provisions 1040-1044, 1046-1049, 1090, of Part 21 of this chapter. The number 7 CFR Part; Docket No.; and Marketing Area 1098, 1101 1 of such dispatch station installations 1030; AO-101-A27; Chicago, 111. shall not exceed the number stated on HANDLING OF MILK IN CERTAIN 1031; AO-170-A14; South Bend-LaPorte- the base station license. MARKETING AREAS Elkhart, Ind. (b) Any proposal for the installation 1032; A0-313-A3-R01; Suburban St. Louis. of a dispatch station which does not com­ Notice of Extension of Time for Filing ply with the limitations and require­ 1038; AO-194-A8; Rock River Valley. Exceptions to the Recommended 1039; AO—212—A14; Milwaukee,, Wis. ments of paragraph (a) of this section Decision on Proposed Amendments shall be submitted to the Commission, 1045; AO-334—A6; Northeastern Wisconsin. upon proper application, on FCC Form to Tentative Marketing Agreements 1050; AO-339-ROl; Central Illinois. 401, for a construction permit. and to Orders 1051; AO-329—Al; Madison, Wis. 7 CFR Part; Docket No.; and Marketing 1061; AO—327—A2; St. Joseph, Mo. 3. A new § 2L520 is added to read as Area 1062; AO-10—A28; St. Louis, Mo. follows: 1003; AO-293-A7; Washington, D.C. 1963; AO-105-A14-RO1; Quad Cities-Du- § 21.520 Notification of operation ; of 1005; AO-177-A21-ROl; Tri-State. buque. dispatch station without specific 1008; AO-268-A7; Greater Wheeling, W. Va. 1064; AO-23—A24; ^Greater Kansas City. authorization. 1009; AO-268-A7; Clarksburg, W. Va. 1067; AO-222—A12; Ozarks. 1011; AO-251—A5; Appalachian. 1068; AO-178-A14; Minneapolis-St. Paul, (a) The licensee of a base station who 1013; AO-286-A6; Southeastern Florida. proposes to establish a dispatch station 1016; AO-312—A4; Upper Chesapeake Bay. Minn. within the reliable service area of the 1033; AO-166—A27; Greater Cincinnati. 1069; AO-153-A9; Duluth-Superior. licensed base station, pursuant to the 1034; AO-175-A17; Dayton-Springfleld, Ohio. 1070; AO-229-A8; Cedar Rapids-Iowa City. provisions of § 21.519(a), shall notify the 1035; AO-176-A16; Columbus, Ohio. 1078; AO-270-A3; North Central Iowa. 1036; AO-179-A23; Northeastern Ohio. 1079; AO-295—A4; Des Moines, Iowa. Commission at Washington, D.C., 20554, 1037; AO-197-A8; North Central Ohio. and its Engineer-in- Charge of the radio 1040; AO-225—A12—R01 ; Southern Michigan. 1094; AO-103-A21; New Orleans, La. district wherein operation is to be con­ 1041; AO-72-A25; Toledo, Ohio. 1096; AO-257-A9; Northern Louisiana. ducted, at least five days prior to the in­ 1042; AO-240-A5-RO1; Muskegon, Mich. 1097; AO-219-A11; Memphis, Tenn. stallation of the facilities. This notifi­ 1043; A0-247-A6-R01 ; Upstate Michigan. 1099; AO-183—A9; Paducah, Ky. cation shall include: 1044; AO-299-A5; Michigan Upper Peninsula. 1102; AO-237-A7; Forth Smith, Ark. (1) The names (s) and address (es) of 1046; AO-123-A26; Louisville-Lexington- 1103; A0-252-A8-R01; Central Mississippi. Evansville. subscriber (s) and the number of mobile 1047; AO—33—A27; Fort Wayne, Ind. 1105; AO-297-A4; Mississippi Delta. units assigned to each subscriber. 1048; AO-325-A3; Greater Youngstown- 1107; AO-304-A4-RO1; Mississippi Gulf (2) A description of the transmitting Warren. Coast. location, including the geographic co­ 1049; AO-319-Al-ROl ; Indianapolis, Ind. 1108; AO-243-A9; Central Arkansas. ordinates to the nearest second of 1090; AO—266—A4; Chattanooga, Tenn. latitude and longitude, and also by con­ 1098; AOu184-A19; Nashville, Tenn. Pursuant to the provisions of the Agri­ ventional reference to street number, 1101; AO-195-A11; Knoxville, Tenn. cultural Marketing Agreement Act of landmark, etc. Pursuant to the provisions of the Agri­ 1937, as amended (7 U.S.C. 601 et seq.), (3) The rated power output of trans­ cultural Marketing Agreement Act of and the applicable rules of practice and mitter to be installed. 1937, as amended (7 U.S.C. 601 et seq.), procedure governing the formulation of (4) The transmitting antenna power and the applicable rules of practice and marketing agreements and marketing gain in decibels with respect to a refer­ procedure governing the formulation of orders (7 CFR Part 900), notice is here­ ence half-wave dipole antenna. marketing agreements and marketing by given that the time for filing excep­ (5) The overall height, in feet above orders (7 CFR Part 900), nôtice is hereby tions to the recommended decision with ground level, of the transmitting given that the time for filing exceptions respect to the proposed amendments to antenna, j to the recommended decision with re­ the tentative marketing agreements and (6) The location of the transmitter spect to the proposed amendments to control point. to the orders regulating the handling the tentative marketing agreements and of milk in each of the marketing areas (7) The exact frequency or frequencies to the orders regulating the handling of to be used. milk in each of the marketing areas heretofore specified, which was issued (8) The identity and location of the heretofore specified, which was issued January 23, 1964 (29 F.R. 2101), is here­ base station through which it will com­ January 23, 1964 (29 F.R. 2001), is by further extended from March 10,1964, municate. hereby further extended from March 10, to April 1,1964. (9) The commencement date of opera­ 1964, to April 1,1964. tion. Dated: March 5, 1964, Washington, (b) A copy of the foregoing notifica­ Dated: March 5, 1964, Washington, D.C. tion shall be posted with the base station D.C. Clarence H. Girard, license. Clarence H. Girard, Deputy Administrator, (c) Upon termination of the operation Deputy Administrator, Regulatory Programs. of a dispatch station for which notifica­ Regulatory Programs. tion was given pursuant to paragraph (a) [F.R. Doc. 64-2309; Filed, Mar. 9, 1964; [F.R. Doc. 64-2310; Filed, Mar. 9, 1964; of this section or, in the event any of the 8:50 a.m.] __ 8:50 a.m.] 3206 PROPOSED RULE MAKING

t 7 CFR Parts 1065, 1066, 1071-1076, (1)) provides in part that minimum specifically relating to those considered 1104, 1106, 1120, 1125-1138] wage and overtime requirements shall “driver salesmen”; not apply to “any employee employed (b) The types of activities listed in the HANDLING OF MILK IN CERTAIN * * * in the capacity of outside sales­ above job descriptions which are con­ MARKETING AREAS man (as such terms are defined and de­ sidered to constitute “selling” or the limited from time to time by regulations making of “sales”; Notice of Extension of Time for Filing of the Secretary, subject to the provi­ (c) With specific reference to those Exceptions to the Recommended sions of the Administrative Procedure job descriptions relating to driver sales­ Decision on Proposed Amendments Act * * *)”. men, the approximate proportion of the to Tentative Marketing Agreements In accordance with this provision, pur­ employee’s workweek which is devoted and to Orders suant to authority contained in General to each type of activity included in such Order No. 45-A of the Secretary of Labor job descriptions; 7 CFR Part; Docket No.; and Marketing Area (15 F.R. 3290), and by reason of the (d) For each class or type of customer 1065; AO-86-A15; Nebraska-Western Iowa. increased importance of this subject re­ to which sales or distribution of the prod­ 1066; AO-122-A10; Sioux City, Iowa. sulting from the increased coverage of uct of the industry or company are made, 1071; AO—227—A12—ROl; Neosho Valley. the act provided by the Fair Labor 1072; AO-235—A5; Sioux Falls-Mitchell. identification and/or description of the 1073; AO-173-A15; Wichita, Kans. Standards Amendments of 1961 (Public “sales” activities performed by driver 1074; AO-249-A5; Southwest Kansas. Law 87-30), I hereby commence pro­ salesmen and those performed by other 1075; AO—248—A4; Black Hills, S. Dak. ceedings to consider what changes, if personnel; 1076; AO-260-A5; Eastern South Dakota. any, should be made in the definition 1104; AO-298-A3; Red River Valley. 3. (a) Methods of payment of the and delimitation of the term “outside above groups of employees, including, 1106; AO-210-A15; Oklahoma Metropolitan. salesman” (29 CFR 541.5), as it applies 1120; AO-328-A2; Lubbock-Plainview, Tex. but not limited to, any driver salesman 1125; AO-226-A9; Puget Sound, Wash. to driver salesmen (29 CFR 541.505). employed in the capacity of an outside 1126; AO-231-A20; North Texas. Accordingly, notice is hereby given of salesman, specifying the approximate 1127; AO-232-A12; San Antonio, Tex. a proceeding to be held on April 27,1964, 1128; AO-238—A14; Central West Tex. proportion of the employee’s total com­ 1129; AO-256-A8; Austin-Waco, Tex. at 10:00 a.m. in the Department of pensation which is attributable to salary 1130; AO—259-A9; Corpus Christi, Tex. Commerce Auditorium, 14th Street NW., or hourly rates, commissions, piece rates, 1131; AO-271—A6; Central Arizona. between Constitution Avenue and E other specified forms of payment; 1132; AO-262-A9; Texas Panhandle. Street NW„ Washington, D.C., before a (b) With specific reference to employ­ 1133; AO-275-A10; Inland Empire. hearing examiner appointed under sec­ 1134; AO-301—A3—ROl; Western Colorado. ees considered driver salesmen, illustra­ 1135; AO-300-A5-RO2; Colorado Springs- tion 11 of the Administrative Procedure tion of the direct relationship between Pueblo. Act (5 U.S.C. 1010), at which time per­ the employee’s engagement in activities 1136; AO-309-A5; Great Basin. sons may submit oral data, views, or considered “selling” or “making sales” 1137; AO-326—A2-R02; Eastern Colorado. argument in regard to this matter. Per­ 1138; AO-335-A1; Rio Grande Valley. and his total compensation from any in­ sons wishing to make oral presentations centive form of payment, such as com­ Pursuant to the provisions of the Agri­ should file notice of intention to appear missions, piece rates, and the like; cultural Marketing Agreement Act of with the Administrator, Wage and Hour 4. Nature and extent of any sales 1937, as amended (7 U.S.C. 601 et seq.), and Public Contracts Divisions, U.S. De­ and the applicable rules of practice and training given to the above groups of partment of Labor, Washington, D.C., employees; procedure governing the formulation of 20210, not later than April 13, 1964. marketing agreements and marketing or­ 5. Copies of any collective bargaining ders (7 CFR Part 900), notice is hereby Written data, views, or argument may agreements covering the above groups of given that the time for filing; exceptions also be presented at the time of appear­ employees. to the recommended decision with re­ ance at the oral proceeding, or filed with The oral presentations shall be steno- spect to the proposed amendments to the the Administrator at any time prior to graphically reported. Transcripts will tentative marketing agreements and to April 27,1964. be made available to interested persons the orders regulating the handling of All proposals submitted will be given on such terms as the hearing examiner milk in each of the marketing areas careful consideration. One which has shall prescribe. The hearing examiner heretofore specified, which was issued already been brought to my attention is January 23,1964 (29 F.R. 2203), is hereby shall regulate the proceedings, dispose of to provide that in the milk and ice cream procedural requests, objections, and re­ „further extended from March 10 to April industries the making of outside sales in­ 1, 1964. lated matters, and confine the proceed­ cludes solicitation of reorders, and other ing to the subject of the definition and D atedM arch 5, 1964, Washington selling or merchandising activities de­ delimitation of the term “outside sales­ D.C. signed to retain the customer or to in­ man”, as it applies to driver salesmen. Clarence H. Girard, crease sales or otherwise effect disposi­ The hearing examiner shall have dis­ Deputy Administrator, tion of goods. Regulatory Programs. cretion to keep the record open to per­ The following information would be mit any person who participated in the [F.R. Doc. 64-2311;. Piled, Mar. 9, 1964; particularly helpful: 8:5Í a.m.] oral presentations to submit additional 1. Nature of the industry’s (or com­ written data, views, and argument re­ pany’s) product and method of sales and sponsive to the oral presentations made distribution, indicating the class or type by other persons. After the record has DEPARTMENT OF LABOR of customer to which sales and distri­ been closed, the hearing examiner shall Wage and Hour Division bution are made ; - certify it to me for final determination. 2. (a) Full job descriptions of repre­ [ 29 CFR Part 541 ] sentative groups of employees (including, Signed at Washington, D.C., this 5th day of March 1964. DRIVER SALESMEN but not limited to, any driver salesmen employed in the capacity of an outside Clarence T. Lundquist, Proposed Rule Making salesman) engaged in the industry’s (or / Administrator. Section 13(a) (1) of the Fair Labor company’s) sales and distribution activi­ [P.R. Doc. 64-2289; Piled, Mar. 9, 1964; Standards Act of 1938 (29 U.S.C. 213(a) ties, identifying those job descriptions 8:48 a.m.] Notices

location period April 1, 1964 through an indefinite period is reasonably neces­ DEPARTMENT OF THE TREASURY March 31, 1965. The maximum level sary to protect the public interest and fixed in this section does not include to achieve effective enforcement of the Office of Foreign Assets Control residual fuel oil withdrawn from bonded Export Control Act of 1949, as amended. CAMEL HAIR warehouse for ships bunkers or for ex­ Accordingly, it is hereby ordered: portation. I. The provisions and restrictions of Importations from Outer Mongolia S tewart L. U dall, the Temporary Denial Order entered Secretary of the Interior. Reference is made to the Notice pub­ against the above named respondent cn March 4,1964. December 10, 1963 are continued in full lished in the F ederal R egister of Feb­ ■ V '■ force and effect. ruary 28, 1964 (Hair of Certain Animals, [F.R. Doc. 64-2369; Filed, Mar. 9, 1964; H. The respondent, his successors or Cotton and Silk Waste and Carpet Wool 8:51 a.m.] assigns, partners, representatives, agents, Importation From Countries Not in the and employees hereby are denied all Authorized Trade Territory). ~ privileges of participating, directly or The Office of Foreign Assets Control indirectly, in any manner or capacity, in has completed an investigation of the DEPARTMENT OF COMMERCE any transaction involving commodities or current world practices for marketing of Bureau of International Commerce technical data exported from the United camel hair and is how satisfied that [File 23-930] States in whole or in part, or to be ex-, Outer Mongolian camel hair can be reli­ ported, or which are otherwise subject ably differentiated from Communist J. CREMER EXPORT-IMPORT to the Export Regulations. Without Chinese camel hair by physical exami­ limitation of generality of the foregoing, nation. Accordingly, the notice of Feb­ Order Denying Export Privileges for participation prohibited in any such ruary 28,1964 is hereby superseded inso­ an Indefinite Period transaction, either in the United States far as Outer Mongolian camel hair js or abroad, shall include participation, concerned. Hereafter, licenses under In the matter of Josef Cremer trading as J. Cremer Export-Import, Prinz directly or indirectly, in any manner or the Foreign Assets Control Regulations capacity, (a) as a party or as a repre­ (31 CFR § 500.101 et seq.) for the im­ Eugenstrasse 44, Vienna IV, Austria, Respondent. sentative of a party to any validated portation of Outer Mongolian camel export license application, (b) in the hair, which has not been sorted, washed, The Director, Export Control Investi­ gations Division, Bureau of International preparation or filing of any export li- scoured or otherwise processed, will be cehse application or reexportation au­ issued to any person in any amount with Commerce, U.S. Department of Com­ merce, has applied for an order denying thorization, or any document to be sub­ no quota limitations whatsoever. mitted therewith, (c) in the obtaining or Licenses will authorize the purchase to the above named respondent all ex­ port privileges for an indefinite period using of any validated or general export of such camel hair only for importation license or other export control document, into the United States, the opening of because of the failure of said respondent to furnish responsive answers to inter­ (d) in the carrying on of negotiations letters of credit, and other related trans­ with respect to, or in the receiving, order­ actions. Licenses will authorize Cus­ rogatories without good cause being ing, buying, selling, delivering, storing, toms transactions not authorized by shown. This application was made pur- using, or disposing of any commodities or § 500.536 of the Foreign. Assets Control suant to § 382.15 of the Export Regula­ technical data in whole or in part ex­ Regulations after Customs is satisfied tions (Title 15, Chapter in , Subchapter ported or to be exported from the United from physical examination that the B, Code of Federal Regulations). A States, and (e) in the financing, for­ camel hair is not of Communist Chinese temporary denial order has been in warding, transporting, or other servicing origin within the meaning of the Regu­ effect against the above respondent since of such commodities or technical data. lations. Accordingly, until such deter­ December 10,1963 (28F.R. 13551). III. Such denial of export privileges mination has been made, licenses will In accordance with the usual practice, shall extend not only to the respondent, not allow release of the camel hair from the application for an indefinite denial but also to his agents and employees and Customs custody. order was referred to the Compliance to any successor and to any person, firm, It is contrary to the policy of the Of­ Commissioner, Bureau of International corporation, or business organization fice of Foreign Assets Control to grant Commerce, who after consideration of with which they now or hereafter may a license for the release from Customs the evidence has recommended that the be related by affiliation, ownership, con­ custody of camel hair determined to be application be granted. trol, position of responsibility, or other of Communist Chinese origin even though The report of the Compliance Com­ connection in the conduct of trade or payment may have been made. missioner and the evidence in support of services connected therewith. the application have been considered. IV. This order shall remain in effect [seal] Margaret W. Schwartz, The evidence presented shows that until the respondent provides responsive Director, Josef Cremer, trading as J. Cremer, Ex­ answers, written information and docu­ Office of Foreign Assets Control. port-Import, is in the export-import ments in response to the interrogatories [F.R. Doc. 64-2404; Filed, Mar. 9, 1964; business and has a place of business in heretofore served upon him or giyes ade­ 11:26 a.m.] Vienna, Austria; that the aforesaid In­ quate reasons for failure to do so, except vestigations Division is conducting an in­ inosfar as this order may be amended or vestigation into the respondent’s receipt modified hereafter in accordance with and disposition of U.S. origin commod­ the Export Regulations. DEPARTMENT OF THE INTERIOR ities, some of strategic nature, and into V. No person, firm, corporation, part­ the respondent’s dealings with other Office of the Secretary nership or othe* business organization, parties in U.S. origin commodities. It is whether in the United States or else­ imports OF RESIDUAL FUEL OIL TO impracticable to subpoena the respond­ where, without prior disclosure to and ent and relevant and material interroga­ BE USED AS FUEL; DISTRICT I specific authorization from the Bureau tories were served on him pursuant to of International Commerce, shall do any Maximum Level § 382.15 of the Export Regulations. of the following acts, directly or indirect­ Said respondent has failed to furnish ly, or carry on negotiations with respect 9 ^Ufsuant to paragraph (d) of section responsive answers to said interroga­ thereto, in any manner or capacity, on oi Proclamation 3279, as amended, the tories as required by said section and behalf pf or in any association with the maximum level of imports into District he has not shown good cause for such respondent or any related party, or 01 residual fuel oil to be used as fuel failure. I find that an order denying whereby the respondent or related party all be 638,000 barrels daily for the al­ export privileges to said respondent for may obtain any benefit therefrom or 3207 3208 NOTICES have any interest nr participation there­ Pursuant to its decision in American would be served by continuing to review in, directly or indirectly: (a) Apply for, Express Company, Operating Authoriza­ applications of this nature. Accord­ obtain, transfer, or use any license, tion, Docket 9315, et al., 31 CAB 118, ingly, the Board proposes that its final shipper’s export declaration, bill of lad­ May 10, 1960, the Board granted Ameri­ order herein will, pursuant to section ing, or other export control document can Express Company (Express) an op­ 101(3) of the Act, relieve Express and relating to any exportation, reexporta­ erating authorization as an interna­ American Express Company, Inc. from tion, transshipment, or diversion of any tional air freight forwarder for a period section 409 to the extent necessary to commodity or technical data exported or of three years, subject to specified con­ permit interlocking relationships be­ to be exported from the United States, ditions. By application filed July 3, tween the two companies without fur­ by, to, or for any such respondent or 1963,1 Express seeks extension or re­ ther authorization from the Board, and related party denied export privileges; or newal for an indefinite term of its op­ will otherwise approve the participation (b) order, buy, receive, use, sell, deliver, erating authorization as an international in such relationships by the officers and store, dispose of, forward, transport, air freight forwarder. It also asks directors of the companies. finance, or otherwise service or partici­ that extension be without restrictions of One final matter requires comment. pate in any exportation, reexportation, any kind. No answer or objection to the Our earlier opinion, although primarily transshipment, or diversion of any com­ application has been filed. concerned with operating authorization modity or technical data exported or to In its application Express describes, to Express, recognized that it would per­ be exported from the United States. inter alia, the 74 subsidiaries and the form some of its activities as an inter­ VI. A copy of this order shall be served various businesses of the Express or­ national air freight forwarder by way of on respondent. ganization. Designation is made of its affiliates and subsidiaries. From Ex­ VII. In accordance with the provisions those subsidiaries (a) which are IATA press’ renewal application it appears of § 382.15 of the Export Regulations, approved passenger and cargo sales that all operations outbound from the the respondent may move at any time agents and registered consolidators, (b) United States are handled by Express, to vacate or modify this indefinite de­ which are IATA approved cargo sales while inbound shipments are handled by nial order by filing with the Compliance agents and registered consolidators, (c) affiliated and subsidiary companies. Al­ Commissioner, Bureau of International which are IATA approved passenger sales though Express, for its own reasons, has Commerce, U.S. Department of Com­ agents and (d) which offer surface trans­ chosen to function in this manner, we merce, Washington, D.C., 20230, an ap­ portation service. think it clear that Express and its affili­ propriate motion for relief, supported by In our opinion in American Express ates arid subsidiaries, at least from an substantial evidence, and may also re­ Company, Operating Authorization, economic standpoint, should be consid­ quest an oral hearing thereon, which, supra, note was made of the problems ered as an integrated unit. To obviate if requested shall be held before the Com­ which might result because of Express’ any misunderstanding on Express’ part pliance Commissioner at Washington, size and broad spectrum of activities. and also to permit continuation of appli­ D.C., at the earliest convenient date. As a means of obviating such potential cant’s present method of operations, the This order shall become effective on difficulties we attached certain condi­ authority granted to Express will run March 9,1964. tions to our grant of authority to Ex­ to its various affiliated and subsidiary companies, but only to the extent of Dated: March 2,1964. press. We now have the benefit of Ex­ press’ three years of experience as a permitting such companies to conduct F orrest D. Hockersmith, forwarder, and on the strength of that common carrier air freight forwarder Director, experience tentatively conclude that ex­ activities inbound to the United States. Office of Export Control. cept as noted below these conditions We shall, however, impose as a condi­ [PE, Doc. 64-2270; Filed, Mar. 9, 1964; should be removed. The actual operat­ tion to this grant, the requirement that 8:46 a.m.] ing experience of Express over the three- in each country in which the Express year experimental period, as reflected in system of companies offers air freight its reports to the Board, shows a rela­ forwarder service, only one Express com­ tively small participation in the indus­ pany shall act as an air freight for­ CIVIL AERONAUTICS BOARD try. For example, during the first six warder on inbound shipments to the [Docket 15035] months of 1963, the participation of Ex­ United States. This condition should press in total international air freight work no hardship since Express states AIR GASPE INC. forwarding revenues was less than four- in its renewal application that it cur­ Notice of Prehearing Conference tenths of one percent, and its share of rently operates in this manner. Fur­ total international air freight forwarder thermore, such a limitation should re­ Notice is hereby given that a prehear­ consolidated tonnage was less than duce the possibilities of unfair competi­ ing conference on the above-entitled ap­ three-tenths of one percent. Thus, it tive practices arising out of a situation plication is assigned to be held on March would appear that the potential adverse where several different Express compa­ 18, 1964, at 10:00 a.m., e.s.t, in Room competitive impact upon other for­ nies might offer, in the same country, 911, Universal Building, Connecticut warders has not materialized.2 However, common carrier air freight forwarding and Florida Avenues NW., Washington, we have tentatively decided to retain service inbound to the United States. D.C., before Examiner Joseph L. Fitz- and clarify the condition that Express This condition is also consistent with maurice. and its affiliates affirmatively state, in and implements our view that Express Dated at Washington, D.C., March 5, their holding out of air freight for­ and its affiliated and subsidiary com­ 1964. warder services, that they are not con­ panies should be treated as a single eco­ nected with any air express company. nomic entity. In this connection we [seal] F rancis W. B rown, shall require Express to submit consoli­ . Chief Examiner. ' Since the issuance of the Board’s deci­ sion in Docket 9315, et al., supra, numer­ dated reports containing the required [F.R. Doc. 64-2297; Filed, Mar. 9, 1964; ous applications have been filed under information for all the common carrier 8:49 am.] section 409 of the Act for approval of air freight forwarder activities, to and interlocking relationships between Ex­ from the United States, conducted by [Docket 14628; Order^No. E-20536] press and one of its wholly-owned sub­ Express and its affiliated or subsidiaiy sidiaries, American Express Company, companies. AMERICAN EXPRESS CO. Inc. Such applications have all been Based upon the foregoing we tenta­ Order To Show Cause approved by the Board, and it is not tively find that Express is capable oi apparent that any regulatory purpose performing air transportation as an in­ Adopted by the Civil Aeronautics ternational airfreight forwarder an(* 0 Board at its office in Washington, D.C., 1 An extension of time for filing the appli­ conforming to the provisions of the c on the 4th day of March 1964. cation was orally granted by the Chief and the rules and requirements there­ Application of American Express Com­ Examiner. under, and -that the conduct °f sucn pany for extension of its operating au­ 2 Of course, should future developments thorization as an International Air cause concern, the Board may review its operations will not be inconsistent wi Freight Forwarder. action herein. the public interest, and tentatively con Tuesday, March 10, 1964 FEDERAL REGISTER 3209 elude that it should be granted an op­ [Docket 14855] (c) of the Communications Act of 1934, erating authorization for an indefinite TRANSPORTES AEREOS BENIANOS, as amended, and § 0.331(b) (8) of the term pursuant to Part 297 of the Board’s Commission’s rules, that said licensee S.A. Economic Regulations, subject to the show cause why the license for the above- following conditions: Notice of Postponement of Hearing captioned radio station should not be re­ 1. American Express Company and voked, and appear and give evidence in its affiliated and subsidiary companies, The hearing presently assigned to be respect thereto at a hearing to be held in their holding out and in their docu­ held in the above proceeding on March 9, at a time and place to be specified by ments used in performing their common 1964, at 10:00 a.m., e.s.t., in Room 911, subsequent order: carrier airfreight forwarder services, Universal Building, Florida and Connect­ And it is further ordered, That the Sec­ shall specifically state that they are not icut Avenues NW., Washington, D.C., is retary send a copy of this order by cer­ connected with any air express com­ hereby postponed until further notice. tified mail—return receipt requested to pany: Provided, That nothing herein Dated at Washington, D.C., March 4, the said licensee at the address of record shall prohibit the inclusion of other 1964. at 203 Date Street, Moses Lake, Wash­ words, designations or abbreviations. ington. [seal] Joseph L. F itzmaurice, 2. That for purposes of this order the Released: March 4, 1964. | authority granted Express pursuant to Hearing Examiner. [ Part 297 shall be construed as extending [F.R. Doc. 64-2299; Piled, Mar. 9, 1964; F ederal Communications \ to each of its affiliated and subsidiary 8:49 a.m.] Commission, i companies to the extent that such com­ [seal] B en F. Waple, panies may conduct common carrier air­ Secretary. freight forwarding operations inbound [F.R. Doc. 64-2303; Piled, Mar. 9, 1964; ; to the United States: Provided, That FEDERAL COMMUNICATIONS 8:49 a.m.] ; only one such company, or Express itself, ; may conduct said operations in any one COMMISSION [Docket Nos. 15346, 15347; PCG 64M-184] i country. (Docket No. 15354] 3. American Express Company shall COPPER COUNTRY BROADCASTING A-l RADIO TV include in its periodic reports to the CO. (WMPL) AND UPPER MICH­ ; Board the common carrier airfreight Order To Show Cause v forwarding activities of each of its affili­ IGAN BROADCASTING CO. (WHDF) ated and subsidiary companies insofar In the matter of Roscoe J. Frye, d/b Order Scheduling Hearing as said forwarding activities are oper­ as A -l Radio TV, Moses Lake, Washing­ ated inbound to the United States. ton; order to show cause why there In re application of Copper Country Accordingly, it is ordered: should not be revoked the license for Broadcasting Company (WMPL), Han­ 1. That Express and all other inter­ radio station 14W1699 in the Citizens cock, Michigan, Docket No. 15346, File ested persons show cause why the above Radio Service. No. BP-15410, for construction permit; tentative findings and conclusions should The Commisison, by the Chief, Safety in re application of the Upper Michigan not be made final; and Special Radio Services Bureau, un­ Broadcasting Com pany (WHDF), 2. That any interested person desiring der delegated authority, having under Houghton, Michigan, Docket No. 15347, to file a protest, memorandum of opposi­ consideration the matter of certain al­ File No. BL-9076, for license to operate tion or exceptions to the tentative find­ leged violations of the Commission’s a standard broadcast station. ings and conclusions shall file such ob­ rules in connection with the operation of It is ordered, This 28th day of Febru­ jections within 30 days after the date of the above-captioned station; ary 1964, that Walther W. Guenther will service of this order and shall specify It appearing, that, pursuant to section preside at the hearing in the above-en­ by separately numbered paragraphs the 308(b) of the Communications Act of titled proceeding which is hereby sched­ tentative findings and conclusions ex­ 1934, as amended, the above-named li­ uled to commence on May 5, 1964, in cepted to and state the grounds thereof;3 censee was requested to furnish informa­ Washington, D.C.: 3. That any objection to the above tion concerning the subject radio station And, it is further ordered, That a pre- tentative findings and conclusions not in communications dated November 19, hearing conference in the proceeding will made within the thirty day period or in 1963, and February 17, 1964, and sent be convened by the presiding officer at the form specified herein shall be deemed to the licensee’s address of record, but 9:00 a.m., March 31, 1964. waived; no response thereto has been received; Released: March 4,1964. 4. That if no objections are filed, fur­ and ther procedural steps shall be deemed It further appearing, that, in view of F ederal Communications waived and the matter shall stand sub­ the foregoing, the licensee has repeat­ Commission, mitted to the Board for issuance of a edly violated section 308(b) of the Com­ [seal] B en F. W aple, final order; _ . munications Act of 1934, as amended, Secretary. 5. That if timely objections are filed, and § 1.76 (now § 1.89) of the Commis^ [P.R. Doc. 64-2304; Piled, Mar. 9, 1964; further consideration will be accorded sion’s rules; and 8:49 a.m.] any matters or issues raised by the ob­ It further appearing, that the viola­ jections before further action is taken tions of section 308(b) of the Communi­ by the Board; and cations Act and § 1.89 of the Commis­ [Docket Nos. 15348, 15349; FCC 64M-185] 6. That this order shall be served upon sion’s rules and the related facts create EATON COUNTY BROADCASTING CO. American Express Company and upon apparent liability by the respondent to a (WCER) AND FLAT RIVER BROAD­ all international air freight forwarders. monetary forfeiture of $100 under sec­ tion 510 of the Communications Act of CASTING CO. (WPLB) This order will be published in t 1934, as amended, and § 1.80 of the Com­ Order Scheduling Hearing Federal R egister. mission’s rules; and also subject the li­ By the Civil Aeronautics Board. cense of the above-captioned station to In re applications of Eaton County revocation under the provisions of sec­ Broadcasting Company (WCER), Char­ [seal] Harold R. S anderson, tion 312 of the Communications Act of lotte, Michigan, Docket No. 15348, File Secretary. 1934, as amended, but further proceed­ No. BP-14612; Earl N. Peterson and lp R. Doc. 64-2298; Piled, Mar. 9, 1964; ings in this docket should be limited to Pearle C. Lewis d/b as Flat River Broad­ 8:49 a.m.] action looking toward a determination as casting Company (WPLB), Greenville, to whether an order of revocation should Michigan, Docket No. 15349, File No. BP- h.®^ce provision is made for the filing of be issued: 14993; for construction permits. ejections to the order, separate petitions for It is ordered, This 4th day of March It is ordered, This 28th day of February «consideration will not be entertained. 1964, pursuant to section 312 (a) (4) and 1964, that Isadore A. Honig will preside 3210 NOTICES at the hearing in the above-entitled pro­ to the licensee at his last known address eral Maritime Commission, Washington, ceeding which is hereby scheduled to of 2851 Lancaster Drive, East Point, D.C„ 20573, Within 10 days after publica­ commence on April 27,1964, in Washing­ Georgia. tion of this notice in the Federal Reg­ ton, D.C.: Released: March 4, 1964. ister, written statements with reference And, it is further ordered, That a pre- to the agreement and their position as to hearing conference in the proceeding will F ederal Communications approval, disapproval, or modification, be convened by the presiding officer at Commission, together with a request for hearing’ 9:00 a.m., March 30, 1964. [seal] B en F. W aple, should such hearing be desired. Secretary. Released: March 4, 1964. Dated : March 5,1964. [F.R. Doc. 64-2306; Filed, Mar. 9, 1964; F ederal Communications 8:50 a.m.] By order of the Federal Maritime Com­ Commission, mission. [seal] B en F. Waple, T homas Lisi, Secretary. Secretary. [Docket No. 15350; FCC 64M-186] [F.R. Doc. 64-2305; Piled, Max. 9, 1964; [F.R. Doc. 64-2276; Filed, Mar. 9, 1964; 8:50 a.m.] WXXX, INC. (WXXX) 8:46 ajn.] Order Scheduling Hearing In re application of WXXX, Inc. AMERICAN PRESIDENT LINES, LTD., [Docket No. 15355] (WXXX), Hattiesburg, M i s s i s s i p p i , AND NEDLLOYD & HOEGH LINES LARRY E. HERRING Docket No. 15350, File No. BP—15408; Notice of Filing of Agreement for construction permit. Order To Show Couse It is ordered, This 28th day of Febru­ Notice is hereby given that the follow­ In the matter of Larry E. Herring, ary 1964, that Basil P. Cooper will pre­ ing described agreement has been filed East Point, Georgia, Docket No. 15355; side at the hearing in the above-entitled with the Commission for approval pur­ order to show cause why there should proceeding which is hereby scheduled to suant of section 15 of the Shipping Act, not be revoked the license for radio sta­ commence on April 20, 1964, in Wash­ 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. tion KDD-2179 in the Citizens Radio ington, D.C. 814): Service. And, it is further ordered, That a pre- Agreement 9271-1, between American The Commission, by the Chief, Safety hearing conference in the proceeding President Lines Ltd., and Nedlloyd & and Special Radio Services Bureau, will be convened by the presiding officer Hoegh Lines (operating under approved under delegated authority, having under at 9:00 a.m., March 25,1964. Agreement 7838), covers a through bill­ ing arrangement for the transportation consideration the matter of certain al­ Released: March 4,1964. leged violations of the Commission’s of cargo from ports on the West Coast of rules in connection with the operation of F ederal Communications India to Hawaiian ports with tranship­ the above-captioned station; Commission, ment at Hong Kong or Manila, PI., in It appearing, that on April 17, and [seal] B en F. Waple, accordance with the terms and condi­ Secretary. tions set forth in the agreement. June 22, 1963, Citizens Radio Station Interested parties may inspect this KDI>-2179 was used to communicate with [F.R. Doc. 64-2307; Filed, Mar. 9, 1964; units of other stations in the Citizens 8:50 a.m.] agreement and obtain copies thereof at Radio Service other than when neces­ the Bureau of Foreign Regulation, Fed­ sary for the exchange of substantive eral Maritime Commission, Washington, messages related to the business or per­ D.C., 20573, or may inspect a copy at the sonal activities of the individuals con­ FEDERAL MARITIME COMMISSION offices of the District Managers of the cerned, in violation of § 95.81(a) (for­ Commission in New York, N.Y., New AMERICAN MAIL LINE, LTD., Orleans, La., and San Francisco, Calif., merly § 19.61 (a) ) of the Commission’s and may submit to the Secretary, Fed­ rules; and ET AL. eral Maritime Commission, Washing­ It further appearing, that on March ton, D.C., 20573, within 20 days after 21 and April 21, 1963, Citizens Radio Notice of Filing of Agreement publication of this notice in the Fed­ Station KDD-2179 was observed in op­ Notice is hereby given that the follow­ eral R egister, written statements with eration with excessive frequency devia­ ing described agreement has been filed reference to the agreement and their tion in violation of § 95.45 (formerly with the Commission for approval pursu­ position as to approval, disapproval, or § 19.33) of the Commission’s rules; and ant to section 15 of the Shipping Act, modification, together with a request for It further appearing, that the viola­ 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. hearing, should such hearing be desired. tions of the Commission’s rules set forth 814) : above, were brought to the licensee’s at­ Agreement 8760-2, refiled, between Dated: MarchS, 1964. tention by the issuance of official notices American Mail Line, Ltd., American By order of the Federal Maritime of violation on March 26, April 22 and President Lines, Ltd., Nedlloyd & Hoegh Commission. 24, and July 2, 1963. Lines and Great Eastern Shipping Co., T homas Lisi, It further appearing, that, in view of Ltd., modifies the approved agreement, Secretary. the foregoing, the licensee has repeatedly which covers the trade from the West Coast of the United States and Canada [F.R. Doc. 64-2277; Filed, Mar. 9, 1964; violated §§ 95.81(a) and 95.45 of the 8:46 a.m.] Commission’s rules: to India, Pakistan, Burma and Ceylon. And it is ordered, This 4th day of The modification is to establish a system March 1964, pursuant to section 312 (a) for policing the members’ obligations N.V. NEDLLOYD LIJNEN AND ALCOA (4) and (c) of the Communications Act under the approved agreement, and to STEAMSHIP CO., INC. of 1934, as amended, and § 0.331(b) (8) reflect the participation of Nedlloyd & of the Commission’s rules, that the li­ Hoegh Lines joint service. Notice of Filing of Agreement censee show cause why the license for Interested parties may inspect this Notice is hereby given that the follow­ the captioned radio station should not agreement and obtain copies thereof at ing described agreement has been m be revoked, and appear and give evi­ the Bureau of Foreign Regulation, Fed­ with the Commission pursuant to section dence in respect thereto at a hearing to eral Maritime Commission, Washington, 15 of the Shipping Act, 1916 (39 Stat. be held at a time and place to be speci­ D.C., 20573, or may inspect a copy at the 733; 75 Stat. 763; 46 U.S.C. 814): offices of the District Managers of the fied by subsequent order: Agreement 8324-2 between N.V. Nea- And it is further ordered, That the Commission in New York, N.Y.,. New Orleans, La., and San Francisco, Calif., lloyd Iijnen and Alcoa Steamship Co Secretary send a copy of this order by pany, Inc., modifies the approved agree- certified mail—return receipt requested and may submit to the Secretary, Fed­ Tuesday, March 10, 1964 FEDERAL REGISTER 3211 inent, in the trade from India, Pakistan, By order of the Federal Maritime D.C., 20573, or may inspect a copy at the Federation of Malaya, Colony of Singa­ Commission. offices of the District Managers of the pore, and the Philippine Islands to the Thomas Lis i, Commission in New York, N.Y., New Or­ Virgin Islands with transhipment at the Secretary. leans, La., and San Francisco, Calif., and ports of New Orleans, La. and Mobile, [F.R. Doc. 64-2279; Filed, Mar. 9, 1964; may submit to the Secretary, Federal Ala. The modification provides for the 8:47 a.m.] Maritime Commission, Washington, D.C., substitution of N.V. Nedlloyd Lijnen as 20573, within 5 days after publication a party in place of N.V. Stoomvaart of this notice in the F ederal R egister, Maatschappij “Nederland” and Konink- MEMBERS OF PACIFIC WESTBOUND written statements with reference to the lijke Rotterdamsche Lloyd n.v., present CONFERENCE agreement and their position as to ap­ signatories to the basic agreement. Notice of Filing of Agreement proval, disapproval, or modification, to­ Interested parties may inspect this gether with a request for hearing, should agreement and obtain copies thereof at Notice is hereby given that the follow­ such hearing be desired. the Bureau of Foreign Regulation, Fed­ ing described agreement has been filed eral Maritime Commission, Washington, with the Commission for approval pur­ Dated: March5,1964. D.C., 20573, or may inspect a copy at the suant to section 15 of the Shipping Act, By order of the Federal Maritime offices of the District Managers of the 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. Commission. Commission in New York, N.Y., New Or­ 814): Thomas Lis i, leans, La., and San Francisco, Calif., and Agreement 57-82, between the member Secretary. lines of the Pacific Westbound Con­ may submit to the Secretary, Federal [F.R. Doc. 64-2281; Filed Mar. 9, 1964; Maritime Commission, Washington, D.C., ference, provides that representation of 8:47 a.m.] 20573, within 20 days after publication non-conference vessels by member lines of this notice in the F ederal R egister, or their agents shall be restricted to rep­ written statements with reference to the resentation as husbanding agents or as agreement and their position as to ap­ agents for vessels loading full or partial SECURITIES AND EXCHANGE proval, disapproval, or modification, to­ cargoes of open rated commodities in gether with a request for hearing, should accordance with the terms and condi­ such hearing be desired. tions set forth in the agreement. COMMISSION • Interested parties may inspect this [File No. 70-4187] Dated: March5,1964. agreement and obtain copies thereof at AMERICAN ELECTRIC POWER CO., By order of the Federal Maritime the Bureau of Foreign Regulation, Fed­ Commission. eral Maritime Commission, Washington, INC., ET AL. T homas Lis i, D.C. or may inspect a copy at the offices Notice of Proposed Modification of Secretary. of the District Managers of the Commis­ sion in New York, N.Y., New Orleans, La., Method of Allocating Consolidated [P.R. Doc. 64-2278; Filed, Mar. 9, 1964; Tax Liabilities, as Reduced by In­ 8:46 a.m.] and San Francisco, Calif., and may sub­ mit to the Secretary, Federal Maritime vestment Credit, Among System Commission, Washington, D.C., 20573, Companies PACIFIC COAST COMMITTEE OF IN­ within 20 days after publication of this March 4, 1964. notice in the F ederal R egister, written WARD TRANS-PACIFIC STEAMSHIP statements with reference to the agree­ In the matter of American Electric LINES ment and their position as to approval, Power Company, Inc., 2 Broadway, New disapproval, or modification together York, New York, 10008; American Elec­ Notice of Filing of Agreement with a request for hearing, should such tric Power Service Corporation; Appa­ Notice is hereby given that the follow­ hearing be desired. lachian Power Company; Captina Oper­ ing described agreement has been filed Dated: March 5, 1964. ating Company; Central Appalachian with the Commission for approval pur­ Coal Company; Central Coal Company; By order of the Federal Maritime Central Ohio Coal Company; Central suant to section 15 of the Shipping Act, Commission. 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. Operating Company; The Franklin Real 814); T homas Lisi, Estate Company; Indiana Franklin Secretary. Realty, Inc.; Indiana & Michigan Electric Agreement 7970-2, between the mem­ [F.R. Doc. 64-2280; Filed, Mar. 9, 1964; Company; Kanawha Valley Power Com­ bers of the Pacific Coast Committee of 8:47 am.] pany; Kentucky Power Company; Inward Trans-Pacific Steamship Lines Kingsport Power Company; Ohio Power provides, as a result of mergers, for the Company; South Bend Manufacturing trpsfer of existing memberships of cer­ MEMBERS OF TRANS-PACIFIC Company; Twin Branch Railroad Com­ tain Japanese Lines, members of the FREIGHT CONFERENCE OF JAPAN Conference, their rights and obligations, pany; West Virginia Power Company; to the surviving or merged companies, Notice of Filing of Agreement Wheeling Electric Company. effective on April 1,1964. Notice is hereby given that American Notice is hereby given that the follow­ Electric Power Company, Inc. (“AEP”), Interested parties may inspect this ing described agreement has been filed a registered holding company, and its agreement and obtain copies thereof at with the Commission for approval pur­ abovè-listed subsidiary companies have the Bureau of Foreign Regulation, Fed­ suant to section 15 of the Shipping Act, filed a joint declaration and an amend­ eral Maritime Commission, Washington, 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. ment thereto with this Commission pur­ D.C. or may inspect a copy at the offices 814) : suant to section 12(b) of the Public Util­ of the District Managers of the Commis­ Agreement 150-27, between the mem­ ity Holding Company Act of 1935 sion in New York, N.Y., New Orleans, La., bers of the Trans-Pacific Freight Con­ (“Act”) and Rule 45 promulgated there­ and San Francisco, Calif., and may sub­ ference of Japan provides, as a result of under regarding the following proposed nut to the Secretary, Federal Maritime mergers, for the transfer of existing transaction. All interested persons are commission, Washington, D.C., 20573, memberships of certain Japanese Lines, referred to the amended joint declara­ within 5 days after publication of this members of the Conference, their rights tion, on file at the office of the Commis­ notice in the Federal R egister, written and obligations, to the surviving or sion, for a statement of the transaction statements with reference to the agree­ merged companies, ’ effective as of ment and their position as to approval, therein proposed which is summarized April 1,1964. below. Qisapproval, or modification, together Interested parties may inspect this with a request for hearing, should such Declarants annually join as a group nearing be desired. agreement and obtain copies thereof at in filing a consolidated Federal income the Bureau of Foreign Regulation, Fed­ tax return. It appears that certain in­ Dated: March 5,1964. eral Maritime Commission, Washington, equities in the allocation of the group’s No. 48- 1 3212 NOTICES consolidated income tax liabilities, after ties and Exchange Commission, Wash­ tion or petition pursuant to section 7 of giving effect to the investment credit al­ ington, D.C., 20549. A copy of such re­ the Natural Gas Act for authorization lowed in Federal income tax returns un­ quest should be served personally or by to sell natural gas in interstate com­ der the Revenue Act of 1962, would re­ mail (air mail if the person being served merce or to abandon service heretofore sult if the allocation were effected pur­ is located more than 500 miles from the authorized as described herein, all as suant to the exemptive provisions of point of mailing) upon the declarants at more fully described in the respective Rule 45(b) (6) under the Act. Accord­ the above-stated address, and proof of applications and amendments which are ingly, declarants propose to utilize a service ,(by affidavit or, in case of an at­ on file with the Commission and open method of allocation which they antici­ torney at law, by certificate) should be to public inspection. pate will give to each of the companies filed contemporaneously with the request. Protests or petitions to intervene may included in consolidated tax returns of At any time after said date, the joint be filed with the Federal Power Com­ AEP and its subsidiary companies ap­ declaration, as amended or as it may be mission, Washington, D.C., 20426, in proximately the full investment credit further amended, may be permitted to accordance with the rules of practice each company contributes to the total become effective as provided in Rule 23 and procedure (18 CFR 1.8 or 1.10) on investment credit allowed in the con­ of the General rules and regulations pro­ or before March 30,1963. solidated tax returns. However, to the mulgated under the Act, or the Commis­ Take further notice that, pursuant to extent that the investment credit of any sion may grant exemption from such the authority contained in and subject system company included in a consoli­ rules as provided in Rules 20(a) and 100 to the jurisdiction conferred upon the dated tax return exceeds the amount for thereof or take such other action as it Federal Power Commission by sections which such company would qualify if it may deem appropriate. 7 and 15 of the Natural Gas Act and the had filed a separate tax return, such ex­ Commission’s rules of practice and pro­ For the Commission (pursuant to dele­ cedure, a hearing will be held without cess will be allocated among those other gated authority). system companies having investments further notice before the Commission which qualify for investment credit [seal] Orval L. DuB ois, on all applications in which no protest in proportion to their share of the total Secretary. or petition to intervene is filed within investment credit allowable in the con­ [F.R. Doc. 64-2275; Filed, Mar. 9, 1964; the time required herein, if the Commis­ solidated tax return for the period in 8:46 a.m.] sion on its own review of the matter question: Provided, That in no event will believes that a grant of the certificates the allocation of investment credits re­ is required by the public convenience sult in an investment credit being allo­ and necessity. Where a protest or peti­ cated to any system company in excess FEDERAL POWER COMMISSION tion for leave to intervene is timely filed, of such company’s proportion of the con­ [Docket No. G-3037 etc.] or where the Commission on its own solidated tax liability for such period. motion believes that a formal hearing In the event that any system company FORDS-BROOK DRILLING CO. ET AL. is required, further notice of such hear­ ing will be duly given. has an “unused” investment credit be­ Notice of Applications for Certificates, cause of the separate tax return limita­ Under the procedure herein provided tion noted above, such “unused” credit Abandonment of Service and Pe­ for, unless otherwise advised, it will be will be repayable to such company over titions To Amend Certificates 1 unnecessary for Applicants to appear or a period of years under the carryover March 2, 1964. be represented at the hearing. provisions of the Internal Revenue Code Take notice that each of the Appli­ J oseph H. Gutride, of 1954, to the extent such company has cants listed herein has filed an applica- Secretary. use for such credit. The repayment of such “unused” investment credit will be Price Pres, made by the system companies which Docket No. per Mcf sure and Applicant Purchaser, field and location base previously benefited therefrom, and the date filed repayment ratios to be employed in any 32.0 14.73 given year as among such system com­ G-3037...... Fords-Brook Drilling Co. (Suc- Pennsylvania Gas Co,, Kane Field, Elk 128.0 14.73 E 5-3-63 - cessor to Elmer E. Smathers County, Pa. ___ 14.73 panies will be the same ratios used for Estate.) United Natural Gas Co., Kane Field, 18.0 allocating the system’s investment cred­ Elk County, Pa. *’21.0 14.73 The Manufacturers Light and Heat Co., 20.0 15.025 its in such given year. Kane Field, Elk County, Pa. The filing states that any investment G-7921...... J. R. Sharp, I n c .------El Paso Natural Gas Co., acreage in 0 credit contributed by American Electric 2-24-64 Winkler County, Tex. 10.0 14.65 Power Service Corporation (“Service G-11949..__ Socony Mobil Oil Co., Inc. El Paso Natural Gas Co., Pegasus Field, C 2-20-64 Midland and Upton Counties, Tex. <8.5 14.65 Corporation”) will typically be in a mi­ G-15364____ Skelly Oil Co...... -- West Lake Natural Gasoline Co., Nena C 12-22-61 Lucia Field, Nolan County, Tex. 13.0 15.025 nor amount; and that since Service Cor­ G-18119...... Compass Exploration, Inc. El Paso Natural Gas Co., acreage in La poration services its affiliated system C 2-25-64 (Operator), et al. Plata County, Colo. 14.65 14.65 companies at cost, any investment credit C160-507___ Atlantic Oil Corp. (Successor South Texas Natural Gas Gathering E 2-24-64 to Billy Bridewell (Operator;, Co., Landa Field, Hidalgo County, contributed by it will be virtually all allo­ et al.) T6X. 14.0 15.025 cated among the other system companies G161-564___ Compass Exploration, Inc. El Paso Natural Oas Co., acreage in La C 2-25-64 (Operator), et al. Plata County; Colo. 25.0 15.325 having an investment credit. C161-1200__ Philip Lemon, et al______Hope Natural Gas Co., Murphy Dis­ The amended joint declaration states C 2-20-64. trict, Ritchie County, W. Va. 13.0 14.65 CI62-1221__ Carl E. Gungoll and Henry H. Cities Service Gas Co., Northeast Way- that no State or Federal commission, ■C 2-25-64 Gungoll. noka Field, Woods County, Okla. 11.45 14.65 other than this Commission, has juris­ CI61-575___ Anadarko Production Co...... Kansas-Nebraska Natural Gas Co., Ine. C 2-24-64 acreage in Hamilton County, Kans. 16.0 14.65 diction over the proposed transaction. C164-922.__ Delta Drilling Co. (Operator), Northern Natural Gas Co., Sonora Area, It is further stated that no fees and A 2-19-64 et al. Sutton County, Tex. ' 14.0 14.65 CI64-923__ _ W. H. Bryant (Operator), et al-. Lone Star Gas Co., Penn-Griffith Field, expenses are to be incurred in connection A 2-20-64 Rusk County, Tex. Depleted with the proposed transaction. CI64-924___ George Jackson, agent for Pennzoil Co., acreage in Gilmer County, B 2-20-64 Elliott-Cain Gas Co., etal. W. Va. 15.0 15.325 Notice is further given that any in­ CI64-925. ... Pioneer Petroleum, Inc------Pennzoil Co., Greenbrier District, Dodd­ A 2-20-64 ridge County, W. Va. 12.0 14.73 terested person may, not later than CI64-926__.. ■Coastal States Gas Producing United Gas Pipe Line Co., North Rosen March 25, 1964, request in writing that a A 2-20-64 Co. burg Area, Fort Bend County, Tex. 16.75 15.025 CI64-927___ Coastal States Gas Producing Texas Gas Transmission Corp., South hearing be held on such matter, stating A 2-24-64 Co. Bell City Field, Calcasieu Parish, La. the nature of his interest, the reasons for Filing code: A—Initial service. such request, and the issues of fact or B—Abandonment. C—Amendment to add acreage. law raised by said amended joint decla­ D —Amendment to delete acreage. ration which he desires to controvert; E—Succession. or he may request that he be noti­ See footnotes at end of table. fied if the Commission should order a hearing thereon. Any such request *This notice does not provide for consolidation for hearing of the several should be addressed: Secretary, Securi­ ;overed herein, nor should it be so construed. Tuesday, March 10, 1964 FEDERAL REGISTER 3213 Irvin Producing Co., Docket No. CI61- Docket No. Price Pres­ and Applicant Purchaser, field and location per Mcf sure 579; Stubblefield Brothers, Docket No. date filed base CI61-605; Caroline Hunt Sands & Lloyd B. Sands, Docket No. CI61-643; Cricket CIW-928— Oil Development Co. of Texas.. Natural Gas Pipeline Co. of America, Depleted Oil Co. et al., Docket No. CI61-650; Union ' B 2-24-64 acreage in Hansford County, Tex. Oil Company of California, Docket No. CI64-920— Anadarko Production Co...... Michigan Wisconsin Pipe Line Co., 19.5 14.65 A 2-24-6* Northwest Quinlan Field, Woodward CI61-715; Hamilton Brothers, Ltd., County, Okla. Docket No. CI61-849; Champlin Oil & CI64-930— Eason Oil Co...... Northern Natural Gas Co., Southeast 17.0 14.65 A 2-24-64 Floris Field, Beaver County, Okla. Refining Co., Docket CI61-888; Petro- CI64-931— McCall Drilling Co., Inc...... Equitable Gas Co., Glenville District, 25.0 15.325 Associates, Inc. (Operator) et al., Docket A 2-24-64 Gilmer County, W. Va. No. CI61-936; D. D. Feldman, Docket CI64-932— Circle Drilling Co., In c...... Texas Gas Transmission Corp., North (5) 15.025 A 2-24-64 Welsh Field, Jefferson Davis Parish, No. CI61-1452; Foree Drilling Co. (Oper­ La. ator) et al., Docket No. CI61-1726; CI64-933— Russell Maguire, et al...... Natural Gas Pipeline Co. of America, 16.0 14.65 A 2-24-64 Ann-Mag Field, Brooks County, Tex. Schafer Oil Corp., Docket No. CI61-1774; CI64-934— Eason Oil Co...... Arkansas Louisaina Gas Co., Red Oak- 15.0 14.65 Carl M. Archer, Docket No. CI61-1782; A 2-24-64 Norris Field, Latimer County, Okla. CI64-935__ Southern Union Production Co. Michigan Wisconsin Pipe Line Co., «19.5 14.65 Dan E. Archer, Docket Np. CI61-1783; A 2-24-64 Woodward Area, Major County, Okla. Transwestern Pipeline Company, Docket 0164-936— Reed Oil & Gas Co...... Hope Natural Gas Co., Court House 25.0 15.325 A 2-24-64 District, Lewis County, W. Va. No. G-20464, et al. 0164-937__ Harry C. Boggs, et al______Hope Natural Gas Co., Washington ' 25.0 15.325 These proceedings involve applications A 2-24-64 District, Calhoun County, W. Va. CI64-938— D & D Oil Co...... do...... 25.0 15.325 by a number of producers under section A 2-24-64 7 of the Natural Gas Act to sell gas to CI64-939__ Dell Cooper No. 1 ...... Hope Natural Gas Co., Lee District, 25.0 15.325 A 2-24-64 Calhoun County, W. Va. Transwestern Pipeline Company from CI64-940— Sid well Oil and Gas, I n c ...____ El Paso Natural Gas Co., East Pan- 13.0 14.65 acreage in the panhandle areas of Texas A 2-24-64 handle Field, Wheeler County, Tex. and Oklahoma. The presiding examiner 0164-941__ ■ The Preston Oil Co...... Texas Gas Transmission Corp., North 16.75 15.025 A 2-25-64 Welsh Field, Jefferson Davis Parish, granted all the applications condition­ La. ing them at 17 cents per Mcf at 14.65 psia. CI64-942__ Pioneer Production Corp. (Op- Northern Natural Gas Co., Follett 17.0 14.65 A 2-25-64 erator), et al. (Morrow) Field, Lipscomb County, There is no issue as to the price, but an Tex. issue arises over whether certain of the 0164-943... Union Oil Co. of California , Sinclair Oil & Gas Co., - Farnsworth (7) B 2-18-64 Field, Ochiltree County, Tex. applications should be granted in the ab­ CI64-944__ Talkington-Brady, et al_ _. Hope Natural Gas Co., Meade District. 25.0 15.325 sence of permanent authority to Trans­ A 2-24-64 Upshur County, W. Va. western for the necessary facilities to re­ CI64-945... Pioneer Production Corp. (Op- Northern Natural Gas Co., Mammoth 17.0 14.65 A 2-26-64 erator), et al. Creek, North (Cleveland) Field, ceive the gas. The only exceptions filed Lipscomb County, Tex. were those of the staff. Each of the applicants here was 1 Rate is 32.0 cents/Mcf during the months of November through April; 28.0 cents/Mcf during the months of May through October. granted a temporary certificate.1 The * The 18.0-cent and 21.0-cent rates per Mcf are pursuant to Applicant’s FPC Gas Rate Schedules Nos. 5 and 6. only objection to the grant of permanent respectively, ■ ■ < ’ certificate was made by Transwestern. 1 i'üing made by Kermit Oil Company to terminate certificate issued to J. R. Sharp, Inc. in Docket No G-7921. under which certificate Kermit states no gas has ever been sold. It contended that some of the wells in­ < 8.5-cent rate became effective Apr. 17,1963. volved in these consolidated proceedings 1 Price is 15.0 cents/Mcf plus 1.75 cents tax reimbursement. ■ Subject to Upward BTU Adjustment. have been connected to its system by fa­ 'Leases mider existing contract have been rededicated under a Gas Purchase Contract between Union Oil Company cilities temporarily authorized in Docket of California and Northern Natural Gas Company. Nos. G-20464, CP62-160, and CP61-168 [F.R. Doc. 64-2226; Filed, Mar. 9,1964; 8:45 a.m.]^^ and some of the wells have not been connected at all, and therefore the certi­ ficates issued the producers should be [Project No. 82] before May 6,1964 of the amount of time conditioned upon it obtaining permanent ALABAMA POWER CO. desired for presentation of their respec­ authorization to install and operate the tive oral arguments. facilities connecting wells involved in Order Directing Submission of Briefs By the Commission. these proceedings. The staff argues that and Fixing Oral Argument certificates should not be issued to Mara­ [seal! Joseph H. Gutride, thon Oil Company in Docket No. CI61- March 3,1964. Secretary. 169 and Continental Oil Company in The Commission has before it the Pre­ [F.R. Doc. 64r-2271; Filed, Mar. 9, 1964; Docket No. CI61-375 because these two siding Examiner's decision, the excep­ 8:46 a.m.] dockets are properly associated with tions thereto, and the replies to such Transwestern’s expansion, Docket No. exceptions filed in the above-entitled G-20464, rather than with Transwest­ proceeding. Alabama Power Company, [Docket Nos. G—19013 etc.] ern’s original construction Docket No. Licensee for Project No. 82, has requested E. E. FOGELSON ET AL. G-14871, and were inadvertently con­ an opportunity to present oral argument solidated with the instant proceeding. before the Commission and to file a brief Order Granting Certificates of Public The staff also contends that the exam­ with the Commission, all for the purpose Convenience and Necessity, Sever­ iner bypasses the entire problem of of setting forth and'supporting Licens­ ing and Consolidating Proceedings whether Transwestern has permanent, ees exceptions to the afore-mentioned temporary or any authorization to con­ decision. March 4,1964. struct the facilities required to pick up It is appropriate that Licensee and the E. E. Fogelson, Docket No. G-19013; the gas involved in the respective pro­ Commission staff, the only parties in James G. Brown & Assoc. (Operator) et ducer dockets. this proceeding, present oral argument al., Docket No. CKO—750; Yucca Petro­ Except for the seven dockets to which ana submit full and complete briefs with leum Corporation, Docket No. CI60-768; Transwestem takes objection (Nos. respect to all the issues involved in this James G. Brown & Assoc. (Operator) et CI61-169, CI61-193, CI61-375, CI61-438, Proceeding. al., Docket No. CI60-770; Monsanto CI61-715, CI61-936, CI61-1774) there is hereby ordered, That Licensee Chemical Company, Docket No. CI61-94; no dispute that Transwestern has re- na the staff shall submit briefs to the Armour Properties, Docket No. CI61-102; commission on or before May 4 1964 Marathon Oil Company (Plymouth), 1 The temporary certificates provided that na present oral argument before the Docket No. CI61-169; Cree Drilling Co., the price should not exceed 17 cents per mcf commission commencing a t 10 a.m., Docket No. CI61-193; Western Oil Fields, or such higher price that might be found to nf fu' 19. 1964, in a hearing room Inc. (Operator) et al., Docket No. CI61- be required by the public convenience and the Federal Power Commission, 441 273; Anchor Oil Company, Docket No. necessity in the supplemental proceeding in­ street NW., Washington, D.C. Licen- CI61-292; Continental Oil Company, volving Opinion No. 328 (Transwestem Pipe­ line Co., 22 FPC 391). No higher price was terv* Jif1- slia^ notify the Secre- Docket No. CI61-375; Pan American in fact permitted by the Commission (28 y oi the Commission in writing on or Petroleum Corp., Docket No. CI61-438; FPC 109). 3214 NOTICES ceived permanent authorization to re­ eration of any facilities subject to the ment of any sales of natural gas subject ceive the gas in Docket No. G-14871, and jurisdiction of the Commission and nec­ to said certificates. we find that the public convenience and essary therefor, are required by the (D) The proceedings in Marathon Oil necessity requires thât permanent cer­ public convenience and necessity and are Company (Plymouth) Docket N0.CI6I- tificates be issued. With respect to these in the public interest upon the condi­ 169, Cree Drilling Co. Docket No. CI61- seven dockets, however, the record does tions set forth below, an4 certificates 193, Continental Oil Company Docket not show that the facilities needed by should be issued as ordered below-. No. CI61-375, Pan American Petroleum Transwestern to receive the gas are all (5) The public convenience and neces­ Corp. Docket No. CI61-438, Union Oil permanently^ certificated. For deliveries sity require that the total initial price Company of California Docket No. CI61- of gas in Docket Nos. CI61-169, CI61-193, shall not in any instance exceed 17 cents 715, Petroleum Associates, Inc. et al. CI61-375, CI61-438 and CI61-715 Trans­ per Mcf at 14.65 psia, from the date of Docket No. CI61-936, and Schafer Oil western either has no facilities or may issuance of the certificate until such price Corp. Docket No. CI61-1774 are hereby have facilities under temporary author­ may be lawfully changed in the manner severed from the present proceedings and ization in Docket Nos. G-20464 and and to the extent provided by the Nat­ consolidated with those in Docket Nos CP62-160. For deliveries of gas in ural Gas Act. G-20464 ët al. Docket Nos. CI61-936 and CI61-1774 (6) Marathon Oil Company (Plym­ By the Commission. Transwestern may have facilities under outh) in Docket No. CI61-169, Cree temporary authorization in Docket No. Drilling Co. in Docket No. CI61-193, [ sea l] J o se ph H. G tjtride, CP61-168. While a budget-type per­ Continental Oil Company in Docket No. Secretary. manent certificate has been issued in the CI61-375, Pan American Petroleum Corp. [F.R. Doc. 64-2272; Filed, Mar. 9, 1964; latter docket on February 28, 1961, in Docket No. CI61-438, Union Oil Com­ 8:46 ana.] Transwestern later sought to amend the pany of California in Docket No. CI61- certificate to include further facilities, 715, Petroleum Associates, Inc. et al. in and such an amended certificate has Docket No. CI63-936, and Schafer Oil [Docket Nos. G-20464 etc.] not been issued. The present record does Corp. in Docket No. CI61-1774 are not TRANSWESTERN PIPELINE CO. ET AL. not show whether the facilities necessary shown to be able and willing properly to receive the gas in Docket Nos. CI61- to do the acts and perform the service Notice of Applications, Consolidating 936 and CI61-1774 are covered by the proposed and their proposed sales are Proceedings and Fixing Date of permanent certificate. Under these cir­ not shown to be required by the public Hearing cumstances we are unable to issue per­ convenience and necessity. M arch 3,1964. manent certificates to the producers in (7) The docket numbers listed in (6) Transwestem Pipeline Company, these seven dockets at this time although above should be severed from the present Docket Nos. G-20464, CP60-49, CP60-50, temporary certificates will remain out­ proceedings and consolidated with the CP61-63, CP61-168, CP61-243, CP62-160; standing. The fact that the gas will flow proceedings in Docket No. G-20464, et al. Colorado Interstate Gas Company, Dock­ into Transwestem’s facilities permanent­ The Commission orders: et Nos. CP63-206, CP63-344 (Phase ly. certificated in Docket No. G—14871 is (A) A certificate of public convenience Two); Transwestern Pipeline Company, immaterial, for the connecting facilities and necessity is hereby issued to each Docket No. CP64-104; Arkansas Louisi­ are not shown to be so. To grant per­ applicant iir the dockets in which this ana Gas Company, Docket Nos. CP64- manent certificates to the producers now decision is entitled, except those listed 125, CP62-219; Cities Service Gas Com­ would be prejudging the proceedings in in (6) above, subject to the terms and pany, Docket No. CP64-131. Transwestern’s Docket Nos. G-20464, conditions of this order, but otherwise Take notice that Arkansas Louisiana CP61-16, and CP62-160, even if we con­ in accordance with the respective appli­ Gas Company (Ark-La), a Delaware Cor­ ditioned the certificates as proposed by cations. poration, with its principal office at Transwestern. Since the issuance of (B) The certificates are hereby condi­ Shreveport, Louisiana, on December 2, certificates in these seven dockets can­ tioned to prohibit any total initial price, 1963, filed an application, as supple­ not be granted until permanent certi­ including all reimbursements and mented, to amend the Commission order ficates are granted in G-20464, CP61- charges, in excess of 17 cents per Mcf of February 5, 1963, as amended, which 168, CP62-160, which are consolidated, at 14.65 psia, from the date of issuance granted a certificate of public con­ we shall order the seven dockets severed of the certificate until such price may be venience and necessity to Ark-La in from the present proceedings and con­ lawfully changed in the manner pro­ Docket No. CP62-219. Ark-La is re­ solidated with the proceedings in Docket vided by the Natural Gas Act. questing authorization to construct ad­ No. G-20464, et al. (C) The grant of the certificates is­ ditional field facilities in the Arkoma The Commission further finds: sued in paragraph (A) above shall not Basin area of Oklahoma and Arkansas, (1) Each applicant in the dockets to be construed as a waiver of the require­ 4,000 additional compressor horsepower which this decision relates is engaged in ments of section 4 of the Natural Gas at the Dunn Station, Driggs, Arkansas, the sale of natural gas in interstate com­ Act or of Part 154 of Part 157 of the and a new 2,000 horsepower compressor merce for resale for ultimate public con­ Commission’s regulations thereunder, station near Wilburton, Oklahoma. sumption, subject to the jurisdiction of and is without prejudice to any findings Construction of these additional facili­ the Commission, and is a “natural gas or orders which have been or may here­ ties, all as is more fully set forth in the company” within the meaning of the after be made by the Commission in any application, is estimated to cost $7,020,- Natural Gas Act. proceeding now pending or hereafter in­ 750 and will enable Ark-La to attach ad­ 2. The proposed sales of natural gas stituted by or against the respective Ap­ ditional reserves and increase its ability are subject to the jurisdiction of the plicants. Further, our action in this to receive and market gas contractec. for Commission, and such sales, together proceedings shall not foreclose nor prej­ in the Arkoma area. Ark-La’s previous with the construction and operation of udice any future proceedings or objec­ certificate authorization herein was for any facilities subject to the jurisdiction tions relating to the operation of any field and compressor facilities to also of the Commission necessary therefor, price or related provisions in the gas pur­ connect reserves in the Arkoma area to are subject to the requirements of sub­ chase contracts herein involved. Nor its main transmission facilities at a cost section (c) and (e) of section 7 of the shall the grant of the certificates afore­ of $15,170,000. Temporary authority Natural Gas Act. said for service to the particular cus­ was issued to Ark-La on January 22,196 , (3) Each applicant except those listedtomers involved imply approval of all of for certain minor additional field fa­ in (6) below is able and willing properly the terms of the respective contracts cilities requested in this application. to do the acts and perform the services particularly as to the cessation of service Take further notice that Ark-La on proposed, and to conform to the require­ upon termination of said contracts, as December 2, 1963, filed an application in ments of the Natural Gas Act and the provided by section 7(b) of the Natural Docket No. CP64-125 requesting authori­ requirements rules and regulations of the Gas Act. Nor shall the grant of the zation to construct a 103 mile 20-mc Commission under that Act. certificates aforesaid be construed to pre­ transmission line from the point of con­ <4> The proposed sales, except those clude the imposition of any sanctions nection of its Arkoma line with its ma involved in the dockets listed in (6), pursuant to the provisions of the Natural transmission line near Driggs, Arkans » together with the construction and op­ Gas Act for the unauthorized commence­ to a point proximate to Jane, Missou Tuesday, March 10, 1964 FEDERAL REGISTER 3215

Ark-La proposes to use these facilities 20464, et al., which include: (1) Docket and parts of umbrellas (except handles) to sell to . Cities Service Gas Company Nos. G-20464, CP60-49, CP60-50, CP60- provided for in §§ 751.05 and 751.15- (Cities) an average of 50,000 Mcf of gas 63, CP61-168, CP61-243, and CP62-160 751.25 of the Tariff Schedules of the per day until December 31, 1965, and in which Transwestern seeks authoriza­ United States are. as a result in major 100,000 Mcf per day thereafter at a tion to construct and operate certain part of concessions granted thereon price o f 22.75 cents per Mcf. The total pipeline facilities related for the most under trade agreements, being imported estimated cost of the project, all as is part to the acquisition of additional sup­ into the United States in such increased more fully set forth in the application, plies of natural gas, all as is more fully quantities as to cause, or threaten to is $7,300,000, to be financed initially from set forth in the application; (2) Docket cause, serious injury to the domestic cash and bank loans and subsequently No. CP63-344 (Phase Two) in which industry or industries producing like or by th e s a le of bonds. Colorado Interstate Gas Company (CIG) directly competitive products. Take further notice that Transwest- seeks, inter alia, to sell and deliver equiv­ Public hearing ordered. A public ern Pipeline Company (Transwestem), alent volumes of natural gas to Cities hearing in connection with this investi­ a Delaware corporation, with its princi­ Service, all as is more fully set forth in gation will be held beginning at 10 a.m., pal place''of business at the First City the application; and (3) Docket No. e.d^s.t., on June 9, 1964, in the Hearing National Bank Building in Houston, CP63-206 in which CIG seeks authoriza­ Room, Tariff Commission Building, Texas, filed on November 4, 1963, an tion to construct and operate certain Eighth and E Streets NW.,' Washington, application, in Docket No. CP64-104, to pipeline facilities to attach additional D.C. Appearances at the hearing should request authorization to sell at 20 cents supplies of natural gas in the Wind River be entered in accordance with § 201.13 of per Mcf to Cities, at two proposed de­ Basin area of Wyoming, all as is more the Tariff Commission’s rules of practice livery points, 50,000 Mcf of gas per day fully set forth in the application. The and procedure. for an initial build-up period during 1964 proceedings upon these related applica­ Inspection of petition. The petition and 1965, increasing to 100,000 Mcf per tions should be heard upon a consoli­ filed in this case is available for inspec­ day in 1966 and thereafter. Transwest­ dated record and are hereby consolidated tion by persons concerned at the office of ern proposes to construct, for delivery of for hearing. the Secretary, United States Tariff Com­ the initial 1964-65 volumes, a metering Take further notice that, pursuant to mission, Eighth and E Streets NW., station at a point of intersection of its the authority contained in and subject to Washington, D.C., and at the New York existing 10-inch Doby Springs lateral the jurisdiction conferred upon the Fed­ office of the Tariff Commission located in and Cities 26-inch West Panhandle line eral Power Commission by sections 7 and Room 437 of the Customhouse. at a cost of approximately $43,000. To 15 of the Natural Gas Act, and the Com­ deliver the increased volumes in, 1966 mission’s rules of practice and procedure, Issued: March 5,1964. and thereafter, Transwestern proposes a hearing will be held on April 28, 1964, By order of the Commission. an additional delivery point proximate to at 10:00 a.m., e.d.s.t., in a hearing room of the Federal Power Commission, 441 G [seal] D onn N. B ent, Laverne, Oklahoma, at the intersection Secretary. of Cities existing 26-inch West Panhan­ Street NW., Washington, D.C., concern­ dleline and a proposed Transwestem 12- ing the matters involved in and the issues [F.R. Doc. 64-2293; Filed, Mar. 9, 1964; inch line. In addition to metering facili­ presented by such applications. 8:48 a.m.] ties, the sale in 1966 and thereafter will Protests or petitions to intervene may be filed with the Federal Power Commis­ require construction of 10.8 miles of sales [TEA I—A—3] laterals, a 1,000 horsepower compressor sion, Washington 25, D.C., in accordance station and a dew point control plant. with the rules of practice and procedure UNMANUFACTURED LEAD AND ZINC The total estimated construction cost for (18 CFR 1.8 or 1.10) on or before March facilties, as as is more fully set forth 23, 1964. Because of the different dock­ Notice of Investigation and Hearing in the application, is $1,275,700. ets which now comprise these consoli­ Investigation instituted. On March Take further notice that Cities Serv­ dated proceedings, it is requested that 4, 1964, the United States Tariff Com­ ice Gas Company (Cities), a Delaware those persons who have on file in these mission, upon request of the President, corporation, with its principal place of proceedings notices ^pf or petitions to instituted an investigation in connection business in Oklahoma City, Oklahoma, intervene not yet acted upon by the with the preparation of advice to the on December 9, 1963, filed an 'applica­ Commission, make new filings again re­ President, pursuant to section 351(d) (2) tion in Docket No. CP64-131 for facili­ questing intervention if they still desire of the Trade Expansion Act of 1962, with ties to receive and transport to market to do so. Each filing requesting inter­ respeèt to unmanufactured lead and these additional volumes from Trans­ vention must set forth clearly the par­ zinc. western and Ark-La and to increase the ticular docket or dockets in which inter­ The Commission’s function under sec­ future capacity of ith 30-inch Grabham- vention is desired and the reasons there­ tion 351(d) (2) is to advice the President Ottowa pipeline, all as is more fully set for. of its judgment of the probable eco­ forth in the application. To accomplish J oseph H. Gutride, nomic effect on the domestic industry the proposed purchase from Transwest- Secretary. concerned of the reduction or termina­ em, Cities proposes construction of fa­ [F.R. Doc. 64-2273; Filed, Mar. 9, 1964; tion of increased import restrictions im­ cilities consisting of 14,000 horsepower 8:46 a.m.] posed under the escape-clause procedure. of new and additional compressor facili­ In 1958 quantitative restrictions were ties on its Oklahoma-Hugoton 26-inch imposed upon imports of unmanufac­ system. To accomplish the purchase tured lead and zinc by Presidential proc­ from Ark-La, Cities proposes construc­ TARIFF COMMISSION lamation, following an investigation by tion of a 36 mile 20-inch pipeline from the Tariff Commission under section 7 its Saginaw Compressor Station in Tjpw- [TEA—I—6] of the Trade Agreements Extension Act ton County, Missouri, to a point of con­ of 1951. The quantitative restrictions nection with Ark-La proximate to Jane, UMBRELLAS AND PARTS OF UMBRELLAS are set forth in §§ 925.01-925.04 in Part Missouri and 4,000 additional horsepower 2A of the Appendix to the Tariff Sched­ at its Grabham, Kansas, compressor Sta­ Notice of Investigation and Hearing ules of the United States. ton. The total estimated cost of Cities Public hearing ordered. A public hear­ P oposal is $6,320,600, which will be Investigation instituted. Upon peti­ ing in connection with the aforemen­ initially through short-term tion of Umbrella Manufacturers & Sup­ tioned investigation will be held begin­ nK loans, and subsequently repaid with pliers, Inc. and Umbrella Frame Associa­ ning at 10 a.m., e.d.s.t., on June 23, 1964, ® £>r

\ 3216 NOTICES days in advance of the date set for the Delaware, and, from Bayonne, N.J., to ham Building, Denver 2, Colo., attorney hearing. points in Pennsylvania and Delaware. for applicants. Truman O. Murrell, 57 Bay Street, No. MC-FC 66656. By order of March Issued: March 5, 1964. Staten Island, N.Y„ attorney for appli- 2.1964, the Transfer Board approved the By order of the Commission. transfer to Bayshore Air Freight, Inc., No. MC-FC 66564. By order of March Morganville, N.J., of Certificate No. MC [seal] D onn N. Bent, 124479, issued July 19, 1963, to Ralph W. Secretary. 2, 1964, the Transfer Board approved the transfer to C. Richard Trine, Pittsford, Shrader, doing business as Bayshore Air [F.R. Doc. 64-2294; Filed, Mar. 9, 1964; Michigan, of a portion of Permit in No. Freight and Messenger Service, Morgan­ 8:48 a.m.] MC 88182, (Sub-No. 1), issued March 18, ville, N.J., authorizing the transportation 1943, to Ora F. Shirar, Flora, Indiana, of general commodities, including house­ authorizing the transportation over ir­ hold goods, excluding commodities in regular routes of animal and poultry bulk, over irregular routes, between INTERSTATE COMMERCE feed, from Burlington, Wis., to points in Newark Airport, N.J., on the one hand, the Lower Peninsula of Michigan; and and, on the other, points in Monmouth COMMISSION commodities used in the manufacture of and Ocean Counties, N.J., and points in [Notice 951] animal and poultry feed, insecticides, and that part of Middlesex County, N.J., poultry and livestock remedies, from south of the Raritan River and east of MOTOR CARRIER TRANSFER points in the lower Peninsula of Mich­ the New Jersey Turnpike. George A. PROCEEDINGS igan to Burlington, Wis. Quentin A. Olsen, 69 Tonnele Avenue, Jersey City, March 5,1964. Ewert, 117 West Allegan Street, Lansing N.J., Code 07306, representing applicants. No. MC-FC 66669. By order of March Synopses of orders entered pursuant 23, Michigan, attorney for transferee. Robert W. Loser, 409 Chamber of Com­ 3.1964, the Transfer Board approved the to section 212(b) of the Interstate Com­ transfer to Archie J. Brady & Edwin R. merce Act, and rules and regulations pre­ merce Building, Indianapolis, Indiana, attorney at law. Partington, a partnership, doing business scribed .thereunder (49 CFR Part 179), as Big Pine Trucking Company, P.O. Box appear below: No. MC-FC 66581. By order of March 2.1964, the Transfer Board approved the 674, Big Pine, Calif., of the operating As provided in the Commission’s spe­ rights issued by the Commission October cial rules of practice any interested per­ transfer to W. Weinmann Express & Trucking, Inc., Staten Island 4, New 18, 1962, under Certificate in No. MC son may file a petition seeking recon­ 104583, to Archie J. Brady, Edwin R. sideration of the following numbered York, of Permit in No. MC 124487, is­ sued January 4, 1963, to William Wein­ Partington and Archie E. Welch, a part­ .proceedings within 20 days from the date nership, doing business as Big Pine of publication of this notice. Pursuant mann, doing business as W. Weinmann Express and Trucking, Staten Island 4, Trucking Company, P.O. Box 674, Big to section 17(8) of the Interstate Com­ Pine, Calif., authorizing the transporta­ merce Act, the filing of such a petition New York, authorizing the transporta­ tion, over irregular routes, of such mer­ tion, over regular and Irregular routes, will postpone the effective date of the of talc, from mines in Nevada within 10 order in that proceeding pending its dis­ chandise as is dealt in by wholesale, re­ miles of Palmetto, Nev., to Lone Pine, position. The matters relied upon by tail and chain food business houses, and Calif., serving the intermediate points of petitioners must be specified in their moving at the same time, advertising Zurich and Big Pine, Calif., for delivery petitions with particularity. matter and order books, between Carls- only; mining machinery and supplies, No. MC-FC 66426. By order of tadt, N.J., on the one hand, and, on the maximum 10,000 pounds, from Lone Pine, March 3, 1964, the Transfer Board, ap­ other, points on Staten Island, N.Y. Calif., to mines in Nevada within 10 miles proved the substitution of J. E. Jamer- Emil B. Rapp, 30 Bay Street, St. George, of Palmetto, Nev., serving the intermedi­ son Trucking Company, a corporation, Staten Island 1, New York, attorney for ate points of Zurich and Big Pine, Calif., 5312 North Golder, Odessa, Texas, in applicants. for pick-up only; and talc and clay, in lieu of Fred Slater Trucking Company, No. MC-FC 66605. By order of March bulk, over irregular routes, between Box 2208, Odessa, Texas, as applicant 3.1964, ^the Transfer Board approved the points in Inyo County, Calif. in No. MC 120236 (Sub-No. 2) for a cer­ transfer to Solin Trans., Inc., Worcester No. MC-FC 66678. By order of March tificate of registration to operate in in­ 2, Mass., of Certificate in No. MC 7185, 2, 1964, the Transfer Board approved terstate or foreign commerce authorizing issued June 9, 1958, to Erick J. Solin, the transfer to Ruthig Transp. Corp., a operations under the former second pro­ doing business as Solin Transportation, corporation, Vineland, N.J., of Certificate viso of section 206(a) (1) of the Act sup­ Worcester 4, Massachusetts, authorizing n No. MC 108407, issued November 12, ported by Texas Certificate No. 6104 the transportation, over irregular routes, L959, to Harry Ruthig, doing business as authorizing the transportation of pipe, of household goods, between Worcester, Harry Ruthig Transportation Co., Vine- when moving as oilfield equipment to and Mass., and points in Massachusetts with­ .and, N.J., authorizing the transporta­ from all points except points in Tarrant in 15 miles of Worcester, on the one hand, tion, over irregular routes, of piece goods, County west of U.S. Highways Nos. 81 and, on the other, points in Connecti­ from New York, N.Y., to New London, and 181, from Ringgold to San Antonio cut, New Hampshire, New York, Rhode Donn., and Philadelphia, Pa.; wearing and Aransas Pass, and including also Island, and Vermont, and ice cream apparel, from New London, Conn., and all points in the counties of Montague cabinets and refrigerators, between Wor­ Philadelphia, Pa., to New York, N.Y., and Cooke, oilfield equipment, other than cester, Mass., on the one hand, and, on women’s wearing apparel, from Pleas- pipe, between all points, with certain the other, points in Connecticut, New antville, N.Y., to Hartford, Conn.; specified restrictions, pipe when it is to Hampshire, and Rhode Island. Arthur clothes hangers, from Hartford, Conn., be used in the construction of pipe lines A. Wentzell, P.O. Box 720, Worcester 1, to Pleasantville, N.Y.; general commod­ of any and every other character or use, Massachusetts. ities, excluding household goods ana between all places wherein the distance No. MC-FC 66626. By order of March comSnodities in bulk, between Philadel­ does not exceed 300 miles with certain 3.1964, the Transfer Board approved the phia, Pa., and Camden, N.J., on the one restrictions, trenching machines and transfer to Bruce E. Bishop, doing busi­ hand, and, on the other, points in New various other types of equipment, be­ ness as Best-Way Truck Line, Denver, Jersey and Pennsylvania within 30 mu tween all points, with specified restric­ Colo., of a portion of the Certificate in of the City Hall, Philadelphia, Pa.; build­ tions. No. MC 103331, issued September 15, ing materials, and coal, between poin No. MC-FC 66479. By order of March 1961, to John G. Riedesel, doing business in Delaware County, Pa.; womens g 2, 1964, the Transfer Board approved as Riedesel Truck Line, Kirk, Colo., au­ ments, and materials, supphes, equip­ the transfer to Vincent Bonomo, Staten thorizing the transportation of: General ment, and machinery incidental to w Island, N.Y., of certificate in No. MC commodities, excluding household goods used in the manufacture of such gar­ 119481, issued December 5, 1960, to and other specified commodities, between ments, between Vineland, N.J., on Joseph Bonomo, Port Richmond, Staten one hand, and, on the other, New > Island, N.Y., authorizing the transpor­ Denver, Colo., on the one hand, and, on tation of: Homing pigeons, and feed the other, Kirk, Colo., and points within N.Y., and Philadelphia, Pa.; and 9?' " therefor, from Staten Island N.Y., to 15 miles of Kirk, except Cope and Idalia, modities used in the manufacture o _ points in New Jersey, Pennsylvania, and Colo. Alvin J. Meiklejohn, Jr., 526 Den­ Tuesday, March 10, 1964 FEDERAL REGISTER 3217 textile industry, between Philadelphia, labor turnover purposes. The effective the number of learners authorized are Pa on the one hand, and, on the other, and expiration dates are indicated. indicated. points in New Jersey. George A. Olsen, Blue Bell, Inc., Tippah County, Ripley, Levi Strauss & Co., Blue Ridge, Ga.; effec­ 69 Tonnele Avenue, Jersey City, N.J., Miss.; effective 2-22-64 to 2-21-65 (ladies’ tive 2-12-64 to 8-11-64; 100 learners (men’s representative for applicants. and girls’ shorts, jamaicas, and slacks). and boys’ casual coats). , Charldon Manufacturing Co., East Main [seal] Haröld D. McCoy, Street, Charleston, Miss.; effective 2-26-64 to Regulations Applicable to the Employ­ Secretary. 2-25-65 (boys’ sport shirts). ment of Learners (29 CFR 522.1 to 522.9, Chase City Manufacturing Co., Inc., Walker as amended). [F.R. Doc. 64-2291; Piled, Mar. 9, 1964; Street, Chase City, Va.; effective 2-12-64 to 8:48 a.m.] 2-11-65 (men’s and boys’ denim dungarees, Active Quilting Corp., 421 North Pennsyl­ pants, and work jackets). vania Avenue, Wilkes Barre, Pa.; effective Covco Garment Co., Comer Iris Drive and 2-17-64 to 8-16-64; 5 learners for normal Covco Street, Sparta, Tenn.; effective 2-22-64 labor turnover purposes, in the occupation to 2-21-65 (men’s overalls and shopcoats). of quilting machine operator for a learning DEPARTMENT OF LABOR Glen Manufacturing, Inc., 15th & Foster period of 320 hours at the rate of not less Avenue, Panama City, Fla.; effective 2-18-64 than $1.15 an hour (quilted products). Wage and Hour Division to 2-17-65. Learners may not be employed Carolina Manufacturing Co., P.O. Box at special minimum wages in the production 5497, Station B, Greenville, S.C.; effective CERTIFICATES AUTHORIZING EM­ of skirts (ladies’ dresses, blouses, and beach- 2-17-64 to 8-16-64; 5 learners for normal PLOYMENT OF LEARNERS AT SPE­ wear) . labor turnover purposes, in the occupation CIAL MINIMUM RATES Glen Slacks, Inc., Bruce, Miss.; effective of sewing machine operator for a learning 2-25-64 to 2-24-65 (men’s dress slacks). period of 320 hours at the rates of not less Notice is hereby given that pursuant Granite Dress Corp., 40 County Street, Fall than $1.10 an hour for the first 160 hours and to section 14 of the Pair Labor Standards River, Mass.; effective 2-14-64 to 2-13-65 not less than $1.15 an hour for the remaining Act of 1938 (52 Stat. 1060, as amended, (women’s dresses). 160 hours (men’s cotton handkerchiefs). Hartwell Garment Co., Hartwell, Ga.; ef­ 29 U.S.C. 201 et seq.), and Administra­ fective 2-12-64 to 2-11-65 (men’s work pants Each learner certificate has been is­ tive Order No. 579 (28 F.R. 11524) the and shirts). sued upon the representations of the em­ firms listed in this notice have been is­ F. Jacobson & Sons, Inc., Smith & Cornell ployer which, among other things, were sued special certificates authorizing the Streets, Kingston, N.Y.; effective 2-13-64 to that employment of learners at special employment of learners at hourly wage 2-12-65 (men’s dress shirts). minimum rates is necessary in order to rates lower than the minimum wage Mt. Pleasant Garment Corp., First Avenue, prevent curtailment of opportunities for rates otherwise applicable under section Mt. Pleasant, Tenn.; effective 2-24-64 to employment, and that experienced work­ 6 of the act. The effective and expira­ 2-23-65 (boys’ sport shirts). Rowland Mfg. Co., Rowland, N.C.; effective ers for the learner occupations are not tion dates, occupations, wage rates, num­ 2-11-64 to 2-10-65 (men’s and boys’ sport available. Any person aggrieved by the ber or proportion of learners and learn­ shirts, men’s dress shirts). issuance of any of these certificates may ing periods, for certificates issued under Wright Garment. Co., Bowman, Ga.; ef­ seek a review or reconsideration thereof general learner regulations (29 CFR fective 2-12-64 to 2-11-65 (men’s and boys’ within fifteen days after publication of 522.1 to 522.9), and the principal prod­ casual trousers). this notice in the F ederal R egister pur­ uct manufactured by the employer are The following learner certificate was suant to the provisions of 29 CFR 522.9. as indicated below. Conditions provided issued for normal labor turnover pur­ The certificates may be annulled or with­ in certificates issued under the supple­ poses. The effective and expiration drawn, as indicated therein, in the man­ mental industry regulations cited in the ner provided in 29 CFR, Part 528. captions below are as established in those dates and the number of learners are regulations. indicated. Signed at Washington, D.C., this 20th Apparel Industry Learner Regulations Spring Hope Garment Co., Inc., Webb’s day of February 1964. (29 CFR 522.1 to 522.9, as amended, and Mill Road, Box 547, Spring Hope, N.C.; ef­ 29 CFR 522.20 to 522.25, as amended). fective 2-18-64 to 2-17-65; 10 learners R obert G. G ronewald, The following learner certificates were (children’s dresses). Authorized Representative issued authorizing the employment of The following learner certificate was of the Administrator. 10 percent of the total number of fac­ issued for plant expansion purposes. [F.R. Doc. 64-2274; Filed, Mar. 9, 1964; tory production workers for normal The effective and expiration dates and 8:46 a.m.]

CUMULATIVE CODIFICATION GUIDE— MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. 1 CFR PaSe 7 CFR— Continued Page 7 CFR— Continued Page App.A------3029 907 ______2926, 3148 1075 2928 CPR Checklist______it____ 2909 908 ______3148 1090 2928 3 CFR 910______2909,1096.3149 2928 987______2986 1098 2928 Proclamations : 1008 ___ —______2926 3576______2983 1101. 2928 1009 ______2926 1120. 2928 Executive Orders: 1031______2926 July 27, 1898 (See PLO 3341)_ 3010 1125. 2928 1035______2927 1126 2928 July 2, 1910 (See PLO 3344K- 3111 1036—______2927 11143 ______3127 1040______.______2927 1128 2928 11144 ------3129 1041______2927 1129 2929 11145 ------3189 1042______2927 1130. 2929 7 CFR 1043—______2927 1131. 2929 1047-____ 2927 1132. 2929 354______2985 401__ 1048______2927 1133 2929 ___ 2925 1049—______2927 1134. 2929 728. _ 2925 730- " 1062______2927 1135. 2929 2909, 3107 1066 _____ 2928 1137. 2929 842__" ___ 2985 846— " 1067 ______2928 1138. 2929 ___ 2986 1072______2928 1421. 2930 3218 FEDERAL REGISTER Page 7 CFR— Continued 7 CFR— C o n tin u e d Page 32 CFR—Continued Pa&« P roposed R ules—Continued 1008______3147 P roposed R ules: ___ 3205 1135 3206 1606------—— ----- 3109 1003______3206 1005------__ 3205 1136______32A CFR ___ 3205 1137______3206 1008______3206 OIA (Ch. X) 1009______— 3205 1138______OIReg. 1------— 3200 __ 3205 1011______9 CFR 38 CFR 1013______- ___ 3205 74______2910 1016______— 3205 3______— 2944 1030 ______3205 1 3 CFR 39 CFR 1031 ______3205 121______— 2988 46------2911 1032 ______.— 3205 96______2911 ___ 3205 1 4 CFR 1033— ______1 [N ew ]------2988 98— ______2911 1034 ______3205 _ 2998 168______— 2912 ___ 3205 42 ______1035 ______42f> _____—.___ 2988 1036 ______3205 41 CFR 47 2988 1037 ____ 3205 ______2988 9-16______u~ — 3005 1038 ______.— 3205 61 [N ew )------9-58______-______3004 ___ 3205 71 [N ew ]______2930-2934, 1039 _____ —• 2999-3001, 3149-3151 43 CFR 1040 ______3205 3001-3003 P ublic Land Orders: 1041 ______.— 3205 73 [N ew ]______3205 91 [N ew ]______2988 1408 (See PLO 3343) . 3131 1042 ______2934 3268 (See PLO 3339) 3010 1043 ...... — ___ 3205 95 [N ew ]------___ 3205 135 [N ew ]______— 2988 3286 (See PLO 3339) _ 3010 1044 ______2938 3339 ______t ______3010 1045 ______3205 288______— - 3205 295______3151 3340 ______3010 1046 ______2943,2944, 3003, 3157 3341 ______1 3010 1047 ______— _ 8205 507______2053 Proposed R ules : 3342 ______3109 1048— ______3012 3343 ______—...... 3131 1049 ______3160, ______3205 4b______3205 42______3012 3344.______3111 1050 ______3013,3161-3163 1051 ______3205 71______46 CFR ___ 3205 73 [N ew ]____ 2949 1061______3163,3164 281____ ;_____ is____ — ------3158 1062______—- ___ 3205 75 [N ew ]------95 [N ew l_----- ______3165 309______-______— 2944 1063 ______— 3205 3013 1064 ______3205 207______47 CFR 241 ______2949 0 3202 1065 ______3206 — 2949 1066 ______3206 302______83l______— ______3159 399______3013 P roposed R ules: 1067 ______— ___ 3205 ______2950 1068 ______3205 507______11-______X______— - 3014 1069 ______3205 2l______3014,3204 1 5 CFR 93— III______3014 1070 ______3205 371 ...... 2911 1071 ______— 3206 _— 3206 1 6 CFR 48 CFR 1072 ______2______3202 1073 ______3206 13 _ 2987. 2988, 3191-3194, 3196 1074 ______3206 P r o p o s e d R u l e s : 49 CFR 1075 ______3206 71______3113 120_____ „ 2947,3203 ___ 3206 " ______2947 1076 ______1 9 CFR 205— 1078_____ 4 ______3205 2911 ___ 3205 24 ____ 50 CFR 1079— ______2948, 3010, 3011,3112 1090______1______3205 2 1 CFR 33______1094—______—. ___ 3205 a ______3003 1096 _____ — ____ 3205 120 ______3158 1097 ______3205 146a______3107 1098 ______3205 146e — ----- _____ 3107 Subscriptions Now Being 1099 ______3205 Accepted 1101— ______3205 2 4 CFR 1102______- ____ 3205 200______3107 SUP LAWS 1103____ *.______3205 2 6 CFR 88th Congress, 2d Session 1104______3206 l ______...... 2911,3197 1105— ______3205 31 ______3198 1106______3206 Separate prints of Public Laws, published ____' 3205 2 9 CFR immediately after enactment, with mar­ 1107 ______ginal annotations and legislative history P r o p o s e d R u l e s : 1108 ______— _ 3205 references 1120______3206 541______3206 1125 _ — ____ 3206 Subscription Pricer ____ 3206 3 2 CFR 1126 ______RR4 ______3131 $12.00 per Session 1127 ______3206 Kfi4 ______3199 Published by Office of the Federal Register, 1128 _____ — ____ 3206 713 ______3132 National Archives and Records Service, 1129______...... 3206 73(1 ______3132 General Services Administration 1130— ______3206 ______3144 1(1(11 Order from Superintendent of Documents, 1131______3206 1(1(19. ______3147 Government Printing Office, Washington 1132______3206 1(1(14 ______3147 D.C., 20402 1133 ______3206 1Ì10.R ______3147 1134 ____ — ____ 3206 1006...... ______3147