FEDERAL REGISTER VOLUME 32 • NUMBER 124

Wednesday, June 28,1967 • Washington, D.C. Pages 9141-9207 (Part II begins on page 9201)

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Army Department Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Education Office Farmers Home Administration Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Trade Commission Food and Drug Administration General Services Administration Health, Education, and Welfare Department Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Securities and Exchange Commission Small Business Administration State Department Subversive Activities Control Board United States Arms Control and Disarmament Agency Veterans Administration Detailed list o f Contents appears inside*

No. 124—Pt. I___1 Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

The Weekly Compilation of Presidential Documents Issues at the end. Cumulation of this index terminates began with the issue dated Monday, August 2, 1965. at the end of each quarter and begins anew with the It contains transcripts of the President’s news confer­ following issue. Semiannual and annual indexes are ences, messages to Congress, public speeches, remarks published separately. and statements, and other Presidential material released by the White House up to 5 p jn. of each Friday. The Weekly Compilation of Presidential Documents is This weekly service includes an Index of Contents sold to the public on a subscription basis. The price preceding the text and a Cumulative Index to Prior of individual copies varies.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDEMLMi-REGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National £ Archives and Records Service, General Services Administration (mail address National Area Code 202 V ,. ....‘»34. ¿(r Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable In advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintendent o Documents. Prices of books and pocket supplements are listed In the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of F ederal R egulation • Contents agricultural stabilization CONSUMER AND MARKETING Notices Hearings, etc.: an d CONSERVATION SERVICE SERVICE Midwest Television, Inc. Rules and Regulations Rules and Regulations (KFM B-TV) and American Television Relay, Inc______9181 Cropland adjustment program, Fruits and vegetables, fresh; spec­ 1966-1969; land acquisition ifications for classification of Western North Carolina Broad­ casters, Inc______9181 funds and cost-share assistance damaged or repaired packages- 9145 to public entities------9148 Lemons grown in California and Peanuts, 1963 and subsequent Arizona; handling limitation— 9149 FEDERAL MARITIME crops; allotment and marketing Milk in certain marketing areas: COMMISSION quota; miscellaneous amend­ Paducah, Ky.; order suspending Rules and Regulations ments ------9146 certain provisions______9150 Eice marketing quotas; 1967 rate Quad Cities-Dubuque; order Independent ocean freight for­ of penalty,------9148 amending order------9150 warder licenses; revocations or Sugar, continental, 1967; require­ suspensions; correction______9170 ments and quotas------— 9149 DEFENSE DEPARTMENT Interpretations of Shipping Act, 1916______9170 See Army Department. agriculture department Notices See also Agricultural Stabiliza­ EDUCATION OFFICE Agreements filed for agreement: tion and Conservation Service; Notices American Export Isbrandtsen Commodity Credit Corporation; Lines and Micronesian Line— 9181 Federal assistance in educational Consumer and Marketing Serv­ American President Lines, Ltd., television; applications------9178 ice; Farmers Home Administra­ and Micronesian Line------9182 tion. < 4 Pacific Northwest Tidewater FARMERS HOME Elevators Association------9182 Notices ADMINISTRATION ’ North Atlantic Mediterranean Meat import limitations------9177 Rules and Regulations Freight Conference; special North Carolina and Virginia; ex­ rates to Alexandria and Port tension of designation of areas Administration; assignment of Said______9183 for emergency loans------i ----- 9177 functions______9152 Pacific Northwest Tidewater Ele­ vators Association; rates and ARMY DEPARTMENT FEDERAL AVIATION practices______:------9182 ADMINISTRATION Security for protection of the pub­ Rules and Regulations lic; certificates: Claims against U.S. based on negli­ Rules and Regulations Chesapeake and Ohio Railroad gence of military personnel or Airworthiness directive; Hughes Co. et al______9181 civilian employees------9164 Model 269 Series helicopters— 9155 Citizens and Southern National Control zone and transition area; Bank et al______:______9181 ATOMIC ENERGY COMMISSION designation and alteration------9157 Continental Cruise Lines, Inc., Control zone, transition area, and and Canadian National Rail­ Notices control .area extension; altera­ way Co______9181 tion and revocation------9155 Facility export licenses; applica­ Federal airway segment; designa­ FEDERAL TRADE COMMISSION tion and proposed issuance: tion______9157 Rules and Regulations General Electric Technical Serv- Transition areas : ices Co., Inc______9178 Adjudicative proceedings; dep­ Alterations (2 documents)------9156 ositions; correction______9158 Westinghouse Electric Interna­ Designations (3 documents)-----9156, tional Co______9179 Prohibited trade practices: 9157 Mar-Cal Sportswear of Cali­ Alteration and designation------9156 CIVIL AERONAUTICS BOARD fornia, Inc., et al______9158 Transport category airplanes; hy­ Quilted Textiles Corp., Inc. et al_ 9158 Notices draulic system______— 9152 FOOD AND DRUG IATA traffic conference; agree­ Proposed Rule Making ment regarding specific com­ Airworthiness directives; Conti­ ADMINISTRATION modity rates______9179 nental Models 10-470 and Rules and Regulations Hearings, etc.: TSIO-470 engines; extension of timi» fr»r comments 9171 Food additives: Aero Spacelines, Inc______9179 Adhesives------9160 Airlift-Slick route transfer_____ 9179 Control zones and transition Methyl alcohol residues------9159 Reopened Pacific Northwest* areas: Verxite; correction______9160 Southwest service investiga­ Alteration------.___ 9171 Pesticide chemicals in or on raw tion ______„ ______9179 Designation ------— _. ___ 9172 agricultural commodities; toler­ Washirigton-Baltimore airport Transition areas: ances for residues------.------9159 investigation______9181 Alterations (2 documents). 9171, 9172 Designation______9173 Notices Petitions: COMMODITY CREDIT FEDERAL COMMUNICATIONS Food additives: American Cyanamid Co. and CORPORATION COMMISSION Yoo-Hoo Beverage Co_____ 9177 Rules and Regulations Proposed Rule Making Parke, Davis & Co______9177 S. B. Penick & Co______9178 Loan and purchase programs, 1966 Domestic public radio stations Pesticides: and subsequent crops; miscel­ other than maritime mobile; in­ Stauffer Chemical Co______9178 laneous amendments: spection of stations______9173 Upjohn Co______9178 Barley ______9151 Table of assignments, FM broad­ Rye ------9i 5i cast stations; Ft. Morgan, Colo_ 9173 (Continued on next page) 9143 9144 CONTENTS

GENERAL SERVICES LAND MANAGEMENT BUREAU SMALL BUSINESS ADMINISTRATION Rules and Regulations ADMINISTRATION Rules and Regulations Public land orders: Notices Alaska; withdrawal for admin­ Pennsylvania; declaration of dis­ Procurement reports______9165 istrative sites______9167 aster loan area.._____ .______9134 California; revocation of na­ tional forest administrative STATE DEPARTMENT HEALTH, EDUCATION, AND site withdrawal______9166 WELFARE DEPARTMENT Montana; partial revocation of Rules and Regulations national forest administrative Organization and availability of See also Education Office; Food site withdrawal______9167 and Drug Administration. records______9160 New Mexico; withdrawal for un­ Notices Rules and Regulations derground atomic energy ex­ periment ______9166 U.S. citizens; travel in Algeria and Minimum standards of operation Oregon; partial revocation of certain other countries: for State agencies for surplus stock driveway withdrawal_ 9167 Revocation of restriction_____ 9175 property______.______9167 Restriction ______9175 Notices Arizona; classification of lands for INTERIOR DEPARTMENT SUBVERSIVE ACTIVITIES public use management (2 docu­ CONTROL BOARD See Land Management Bureau. ments) ______9175, 9176 Oregon; revocation of small tract Rules and Regulations classification and opening_____ 9177 INTERSTATE COMMERCE Public information______9163 COMMISSION PACKERS AND STOCKYARDS TRANSPORTATION DEPARTMENT Notices ADMINISTRATION See Federal Aviation Administra­ Proposed Rule Making tion. Fourth section application for relief ______9197 Regulations under Packers and UNITED STATES ARMS CONTROL Stockyards Act; extension of Motor carrier: time for comments______9171 AND DISARMAMENT AGENCY Alternate route deviation Rules and Regulations n otices______9192 SECURITIES AND EXCHANGE Availability of records and state­ Applications and certain other COMMISSION ment of organization— ____ 9202 proceedings______9184 Notices Temporary authority applica­ VETERANS ADMINISTRATION tions ______9194 Hearings, etc.: Chemalloy Minerals, Ltd______9183 Rules and Regulations Norfolk and Western Railway Co.; - Goldfield Corp______9183 Servicemen’s group life insurance; rerouting and diversion of traf­ New York City Commercial De­ criteria for reinsurers and con­ fic —,------;------9197 velopment Corp______; 9184 verters ______9165

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A, cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 7 CFR 16 CFR 43 CFR 51______9145 •3______9158 P u b l ic L and O rders: 729 ______9146 13 (2 documents)______9158 386 (revoked in part by PLO 4234) _ 9167 730 ______9148 1967 (revoked in part by PLO 751______*.______9148 21 CFR 4233)______9167 811______9149 4231 ______;------9166 a 2 0 ______9159 9166 910______:___9149 121 (3 documents)______9159,9160 4232 ______— 1063______9150 4233 __ — 9167 1099—,______9150 22 CFR 4234 ______- 9167 9167 1421 (2 documents)______9151 5______9160 4235 ______1800______9152 6_;______9160 602 ______9202 45 CFR 9 CFR 603 ______— ______— 9202 ______9167 P roposed R u l e s : 28 CFR 201______9171 46 CFR 202______f.______9163 9170 510______9170 14 CFR 32 CFR 530______25______9152 536______9164 39______- ______9155 47 CFR 71 (9 documents)______9155-9157 38 CFR P roposed R u l e s : P roposed R u l e s : 9______9165 9173 39______9171 21 ______9173 71 (5 documents)______9171-9173 41 CFR 73______5 -1 ____ 9165 9145 Rules and Regulations

classifying packages showing the types (6) Disintegration or chafing of con­ Title 7— AGRICULTURE of damage not specifically covered by tainers such as sacks when proper pro­ these definitions will be guided, of tective materials are used in the car ex­ Chapter I— Consumer and Market­ course, in these instances by the illustra­ cept when associated with a shift of the ing Service (S ta n d a rd s, inspec­ tions given herein. load. tions, Marketing Practices), De­ (c) Classifications will be made only (7) Packages showing evidence of in­ partment of Agriculture of packages that have been segregated tentional damage such as ax marks, heel PART 51— FRESH FRUITS, VEGE­ and are agreed upon by representatives prints, etc. of both parties as being in dispute. It B ad O rder C o n t a in e r s TABLES, AND OTHER PRODUCTS is further understood that when there (INSPECTION, CERTIFICATION AND are no undamaged containers available §51.6003 Bad order containers. STANDARDS) for comparison, the- inspector shall use his best judgment and general knowledge (a) Bad order shall include all con­ Subpart— U>S. Specifications for the of similar cases in making the classifica­ tainers which have a missing part or Classification of Damaged or Re­ tion. Requests for this service may be parts, or which are broker* or otherwise paired Packages of Fresh Fruits and filed either by representatives of the car­ damaged or racked to an extent that the rier or the receiver. general appearance is affected or struc­ Vegetables ture materially weakened, except those In accordance with the provisions of C lassification o f P ackages described under good order containers. section 3(a) of the Administrative Pro­ (b) The following are the more com­ cedure Act, as amended, P.L. 90-23, 81 § 51.6001 Classification of packages. mon causes for lowering containers to Stat. 54; 5 U.S.C. 552(a), the existing (a) A package containing fresh fruits bad order classifications: U.S. Specifications for the Classification or vegetables shall be classified as good (1) Broken condition or missing or of Damaged or Repaired Packages of order if it complies with the description loosened part or parts. Fresh Fruits and Vegetables are hereby of good order for both containers and (2) Part or parts poorly or insecurely codified without substantive change. contents as stated in this subpart. replaced. The following sections are added to (b) A package containing fresh fruits (3) Essential features of identity have Part 51: or vegetables shall be classified as bad been lost «by replacement of original I ntroduction order if it fails to comply with the branded part or parts with plain or Sec. description of good order for either con­ branded part or parts. 51.6000 Introduction. tainers or contents as stated in this (4) Replaced part or parts materially Classification of P ackages subpart. different in size, appearance, and flexi­ 51.6001 Classification of packages. (c) When it is agreed that the dispute bility. Good Order'C ontainers involves only one point which can he (5) Part or parts designating size, determined by external examination of grade, grower numbers, and variety re­ 51.6002 Good order containers. the packages such as the removal of placed with plain part or parts. If the Bad Order Containers branded slats, it will not be necessary to plain part or parts are marked, marks 51.6003 Bad order containers. examine the contents for other types of must be neat and of the same general damage. type and appearance as the original Good Order Co n tents marking. G ood O rder C o n t a in e r s 51.6004 Good order contents. ( 6) Both cover cleats on crates so B ad Order Co n te nts § 51.6002 Good order containers. battered, split, or heavily renailed that they cannot be opened for display. 51.6005 Bad order contents. (a) Good order containers shall have the same general appearance as original (7) Split solid end if not of prac­ Authority : The provisions of this subpart tically original strength and rigidity. issued under secs. 203, 205, 60 Stat. 1087, as containers that have not been racked, amended, 1090 as amended; 7 U.S.C. 1622, broken, or otherwise damaged to an ex­ ( 8) Label missing or materially dis­ 1624. ■ ; ' tent that would affect their general ap­ figured account breakage. pearance. The containers shall have ap­ (9) Materially stained account water I ntroduction proximately the same strength and from bunker ice, leaking roof or from § 51.6000 Introduction. rigidity as undamaged containers. being repaired on dirty or wet floor of pier or delivery platform. (b) The following points shall not be (a) Finding a uniform and equitable (10) Dry parts on wet containers considered sufficient to justify lowering when materially affecting appearance. method of handling claims for produce containers to bad order. containers that are delivered in a broken, (11) Weak or rickety containers. damaged, or repaired condition is a prob­ (1) Broken or unrepaired packages (12) Racking exceeding 1 inch in lem that has received much attention when their contents are worthless due small sized containers such as apple from both the transportation agencies to natural deterioration unless such de­ boxes, asparagus or melon crates, half and the produce trade for years. The terioration is associated with the break­ size vegetable crates, or exceeding 2 Ü.S. Department of Agriculture has been age of container. inches in large sized crates such as Los requested by representatives of both the (2) Torn paper liners or pads. Angeles crates or cabbage crates. carriers and the produce trade to estab­ (3) Damage to containers which can (13) Cinder dust or other similar ma­ lish Federal standards for such packages definitely be attributed to flagrantly de­ terial which appreciably mars the that can be used throughout the country fective or unsuitable material, design, or appearance. m determining whether or not such pack­ assembly for the purpose for which used. (14) Sacks that have been sewed at ages are damaged, and if so, whether (4) Disintegration or bursting of sacks tom places or at mouth in recondition­ the damage is of a character and degree associated with or caused by deteriora­ ing at destination when the appearance that the consignee is entitled to claim tion or nature of the contents. is materially affected. damages. (5) Disintegration—or bursting of (15) Sacks that have been cut or have (b) It is impossible to specify in detailpaper or paper-net sacks associated with holes tom by rough floor racks, rails, or «very condition that may be encountered or caused by moisture of condensation or other protuberances in walls or on floors m aPPlying the standards. Inspectors in body ice. of car.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9146 RULES AND REGULATIONS

G ood O rder C o n t e n t s (ii) Use of insufficient quantities orChapter VII— Agricultural Stabiliza­ § 51.6004 Good order contents. incorrect sizes of original contents, such tion and Conservation Service as: (Agricultural Adjustment), Depart­ (a) Contents of good order con­ (a) Bruising, cuts, chafing, etc., tainers shall have the same general ap­ caused by movement of contents in slack ment of Agriculture pearance as the contents of original packs. SUBCHAPTER B— FARM MARKETING QUOTAS containers that have not been racked, (b) Using 125 size apples in 100 size AND ACREAGE ALLOTMENTS broken, or otherwise damaged. The pack pack. [Amdt. 10] shall be intact and the arrangement (c) Using 7 x 7 size tomatoes in 6 x 6 shall be the same as in undamaged pack. PART 729— PEANUTS containers. (9) Damage to contents caused by (b) I f the containers merit good order packing products in containers that are Subpart— Allotment and Marketing classification the following kinds of not suited for the purpose for which they Quota Regulations for Peanuts of damage to their contents will not be are Used, such as: the 1963 and Subsequent Crops sufficient to lower packages to bad order (i) Topped carrots in papernet sacks M iscellaneous A m e n d m e n t s class: when top ice is used. (1) Natural deterioration such as de­ (10) Loss of specimens between un­ Basis and purpose. The amendment cay, mold, overmaturity, freezing, di­ broken original parts of containers. contained herein is issued pursuant to sease, or insect damage. the Agricultural Adjustment Act of 1938, (2) Bruising, cuts, and chafing caused B ad O rder C o n t e n t s as amended (7 U.S.C. 1281 et seq.), to by an excessive amount of the product § 51.6005 Bad order contents. amend the allotment and marketing or pack ice which is responsible for an (a) Contents of bad order- containers quota regulations for peanuts of the 1963 abnormal bulge of top or sides of con­ shall include the contents of packages and subsequent crops (27 F.R. 11920, as tainers such as: that have not been restored to the same amended). (i) Overpacking of bunched aspara­ general condition and appearance as the This amendment (1) expands proce­ gus or celery which causes excessive side product in original containers which dure for determination of peanut history bulge of container. have not been broken, racked, or other- acreage, (2) clarifies procedure for de­ (ii) Beets, lettuce, pears, peaches, etc., ,wise damaged, except those described termination of allotment base, (3) pro­ packed with an excessive amount of under good order contents. vides that the farmowner must consent product which causes bruising in lidding (b) The following are the more com­ whenever the entire farm allotment is containers. mon causes for lowering contents to temporarily released for the third con­ (iii) Cuts, and bruises caused by pack bad order classification: secutive year, (4) allows the farm opera­ ice on such products as lettuce, spinach. (1) Loss of pack ice by careless or tor to elect to apply any part, or all, of (3) Damage to protruding or exposed improper handling by carrier representa­ the downward adjustment in allotments contents in packages that #re packed tives in unloading or recoopering. to the peanut allotment where the sum with a part of their contents protruding (2) Damage to properly packed pro­ of allotments and bases exceeds the crop­ or exposed, such as: truding jar exposed contents, which are land, (5) clarifies the procedure as to (i) Cabbage, romaine, escarole, in ordinarily packed with part of contents eligibility of producers to receive market­ hampers. protruding or exposed, by improper or ing cards and conditions under which (ii) Dill, dandelion, root parsley, careless handling by carrier representa­ marketing cards may be withheld, (6) bunched beets, in crates. tives in unloading or recoopering. provides that FHA may stamp the mar­ (iii) Spinach, kale, in baskets. (3) Contents, wraps, or packing ma­ keting cards of producers indebted to (4) Bruising or crushing, caused by terial wet or materially stained from FHA, (7) provides for issuing Form MQ- product, being too tightly packed or due bunker ice or leaking roof or on account 70 in lieu of excess marketing cards, and to the use of oversize or irregularly sized of being placed on dirty or wet floor of (8) provides for administrative hearing contents, such as: pier or delivery platform. in connection with violations, prior to (i) Melons in crates. (4 ) Bruised, cut, crushed, chafed, or allotment reduction. Since this amend­ (ii) Bruising of lettuce in layers in shattered when in excess of that found in ment establishes procedures which are crates. the good order containers in the load or currently applicable to the 1967 crop, it (5) Bruising, chafing, or breakage of lot. is hereby determined and found that contents, caused by lack of proper pro­ (5) Punctures by nails or other foreign compliance with the notice, public pro­ tective materials, such as: objects resulting from breakage or cedure, and 30-day effective date require­ (i) Liners • for Northwestern pear recoopering. ments of 5 U.S.C. 553 is impracticable boxes. (6) Packs disarranged account break­ and contrary to the public interest and (ii) Cover pads for peaches, plums, etc. age or poorly replaced in recoopering. this amendment shall become effective (iii) Liners for lettuce in crates. (7) One or more specimens short ac­ upon publication in the F e d e r a l R egister. (6) Bruising, chafing, cuts, etc., due count breakage or recoopering. The Allotment and Marketing Quota to the immaturity or overmaturity of the (8) Repacked with specimens of dif­ Regulations for Peanuts of the 1963 and product such as: ferent size, variety, or grade than re­ Subsequent Crops (27 F.R. 11920, as (i) Immature Bermuda or Northern mainder of contents. amended) are amended as follows: grown onions. (9) Repacked with more or fewer 1. Section 729.1424 is amended to read (ii) Ripe peaches in baskets. specimens than size marked. as follows: (iii) Immature potatoes that may turn (10) Badly disarranged or tom wrap­ § 729.1424 Determination of farm pea­ brown or under pressure may become pers in repacked wrapped products. nut history acreage. flattened or bruised. (11) Slack pack account repacking. (12) Cinder dust or other similar ma­ (a) Maximum history acreage. The (7) Damage that can definitely be farm peanut history acreage for any year attributed to improper original loading terial which appreciably mars the appearance. shall not exceed the farm peanut allot­ of cars, such as: (13) Dirty specimens or foreign ma­ ment for such year. The production of . (i) Bruising and chafing of contents terial included with repacked contents. peanuts without an allotment but within the one acre exemption provided by caused by movement of sacks in loosely Effective date: This codification is section 359(b) of the Act shall not con­ loaded loads or in loads in which con­ ¡effective upon publication in tv,e F ederal tents become damaged by being in con­ R egister. stitute farm peanut history acreage. (b) Full allotment preserved as his­ tact with walls of car. Dated: June22,1967. (8) Slackness or disarrangement of tory acreage. For any year the entire G . R. G r an g e, contents du,e to— Deputy Administrator, farm peanut allotment shall be preserved (i) Natural shrinkage, decay or other Marketing Services. as peanut history acreage if : deterioration, such as decay of peaches, [F.R. Doc. 67-7242; Filed, June 27, 1967; ( 1 ) In the current year or either of the grapes, tomatoes, etc. 8:45 a.m.] two preceding years:

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9147

(1) The sum of the final peanut acre­ (d) Within a limitation of 10 percentapplication for transfer from the pool age, acreage reduced because of insuf­ of the State allotment for the current has been filed in accordance with Part ficient cropland, and the acreage re­ year, the State committee may make 719 of this chapter. garded as planted under conservation acreage available to the county commit­ State and Clo sing Date programs and conservation practices, as tees for making upward adjustments in determined pursuant to Part 719 of this farm allotment bases. The county com­ Alabama, March 3. mittee shall examine the preceding year Arizona, March 1. chapter, was as much as 75 percent of Arkansas, May 15. the farm allotment after reduction for farm allotment for each farm and may California, AprU 1. violation, temporary release of acreage adjust such allotment upward if it de­ Florida, March 15. but before reapportionment of released termines that such action is necessary to Georgia, March 25. acreage, or increase for type in short obtain an allotment base for the farm Louisiana, July 1. supply. which is equitable when compared with Mississippi, May 1. (ii) The farm allotment is or was inthe allotment bases established for other Missouri, May 10. an eminent domain allotment pool pur­ similar old farms in the community. Up­ New Mexico, May 6. North Carolina, April 15. suant to Part 719 of this chapter. ward adjustments shall be made on the Oklahoma, May 1. (2) The farm is Federally owned and basis of the farm peanut history acreage South Carolina, April 15. there is in effect a restrictive lease for the base period;, tillable acreage Tennessee, April 1. prohibiting the production of peanuts. available; labor and equipment available Virginia, April 15. (c) Computation of history acreage. for the production of peanuts; crop- Texas (see listing under paragraph (b) of If, for any year, the full allotment is not rotation practices; and soil and other this section). preserved as peanut history acreage physical factors affecting the produc­ * * * * * under paragraph (b) of this section, the tion of peanuts. The county committee 4. A new § 729.1441a is added after farm peanut history acreage for such may use the sum of the downward adjust­ § 729.1441 to read as follows: year shall be the sum of the following ments made in accordance with para­ acreage, but not in excess of the farm graph (c) of this section in addition to § 729.1441a Reduction in farm allot­ allotment for such year: - the acreage available under this para­ ment because o f cropland limitation. (1) The final acreage, adjusted to graph for making upward adjustments. The allotments determined for any compensate for abnormal conditions af­ * * * 4c * farm under §§ 729.1421 through 729.1427 fecting acreage, if the county committee (f) [Deleted] may be reduced for the current year if determines that such action is necessary the sum of the feed grain base, total al­ to maintain equitable allotments: Pro­ 3. Paragraph (a) of § 729.1435 is amended to read as follows: lotments, and sugar proportionate shares vided, That the farm operator files a exceeds the cropland for the farm for written request for such an adjustment § 729.1435 Release and reapportion- the current year and the farm operator at the office of the county committee nient. requests in writing to reduce the peanut prior to December 1 of the current year'; (a) Release of acreage allotments. allotment in lieu of the feed grain base: (2) The acreage regarded as planted Except as provided in this paragraph, Provided, That such reduction shall not to peanuts under conservation programs any part of a farm allotment on which exceed the acreage by which the sum of and conservation practices, determined peanuts will not be produced and which the feed grain base, total allotments, and pursuant to Part 719 of this chapter; the operator of the farm voluntarily sugar proportionate shares exceeds the (3) The acreage temporarily released surrenders in writing to the county com­ cropland for the farm: Provided further, to thè county committee under provi­ mittee shall be deducted from the allot­ That such reduction shall be effective for sions of § 729.1435; ment to such farm if such acreage is the current year only. For purposes of (4) The amount of any reduction in surrendered not later than the appli­ establishing future State, county, and the current year allotment made pursu­ cable closing date specified below. Where farm acreage allotments, the acreage not ant to the provisions of § 729.1434; and the entire farm allotment was released planted under the farm allotment be­ (5) The acreage reduced where the in each of the two years preceding the cause of a reduction under this para­ farm operator elects to apply a part or current; year, the release of the effective graph shall be regarded as planted on the all of any downward adjustment in al­ farm allotment for the current year farm. lotments because of insufficient cropland shall be in writing and signed by both to his peanut acreage. 5. Paragraphs (b) and (d) of § 729.- the owner and operator of the farm. 1446 are amended to read as follows: (d) Reduction of previously deter­ If any part of the farm allotment is mined history. Notwithstanding any permanently released (i.e., for the cur­ § 729.1446 Issuance o f marketing cards. other provision of this part, and subject rent year and all subsequent years), * * - * * * only to any limitation imposed by the such release shall be in writing and provision of section 377 of the Act, the (b) Producers to receive cards. A signed by both the owner and operator marketing card shall be issued in the peanut history acreage for each year of of the farm. I f the entire current year the base period shall be zero unless in name of the operator of each eligible farm allotment is permanently released, farm for use by any producer on the one or more years of the base period the farm peanut history acreages and there is acreage in the peanut history farm for marketing his share of peanuts farm allotment for the current year and produced. If the issuing officer finds that acreage of a kind other than acreage re­ prior years shall not be considered in leased to the county committee or acre­ it will serve a useful purpose, additional establishing an allotment for the farm cards may be issued in the name of the age reduction (s) for the violation of for any subsequent year and the farm marketing quota regulations. operator and delivered to other producers shall not be eligible for a new farm pea­ on the farm or the marketing card may 2. Section 729.1425, paragraph (c) isnut allotment if such farm was credited be issued in the name of the operator amended by adding a new sentence at with peanut history acreage in the base and one or more other producers on the the end thereof and paragraph (d) is period used in the determination of the farm. Notwithstanding the provisions of amended by deleting the last sentence, current year acreage allotment. Acre­ this paragraph, the following shall also and paragraph (f) is deleted. age allotments may not be released ( 1) be applicable: from new farms, (2) from farms owned (1) I f the farm operator does not § 729.1425 Determination o f allotment by the Federal Government or any base. share in the peanuts produced on the agency thereof, if there is in effect a farm, the marketing card(s) may be is­ lease or operating agreement prohib­ sued to the person (s) sharing in such (c) * * * No downward adjustmem iting the production of peanuts, (3) for peanuts without entering thereon the shall be made solely on the basis of e the current year, if the owner of the farm name of the operator. change in the use of cropland on th< notifies the county committee in writing, (2) If all peanuts produced by a per­ farm if such change is the result of par­ before acreage is released by the oper­ sones) are to be marketed to person(s) ticipation in a conservation program oj ator, that he objects to such a release, other than an established buyer, market­ conservation practices. and (4) from the allotment pool if an ing cards shall not be issued.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9148 RULES AND REGULATIONS

(3) The issuance of a marketing card 8. A new § 729.1468a is added after date as the marketing quota regulations may be withheld for any farm until an § 729.1468 to read as follows: in this part applicable to the 1967 and estimate is made of the peanut produc­ § 729.1468a County administrative hear­ subsequent crops of rice become effective, tion on the farm, if the county commit­ ing in connection with violations. which will be July 16, 1967. tee determines such action to be neces­ sary for effective operation of the The farm operator involved shall be Section 730.22 is amended by adding marketing quota program. notified in writing by the county office at the end thereof the following sen­

* * * * * manager of the time and place for any tence: “The rate of penalty applicable to hearing concerning a violation and the (d) Excess penalty card. A farm is the 1967 crop of rice shall be 4.43 cents nature of the violation. The farm opera­ per pound. This is 65 per centum of the eligible for an excess penalty card if the tor shall be requested to bring to the final acreage is determined to be in ex­ hearing relevant supporting documents. parity price as of June 15, 1967, which cess of the effective farm allotment. In At least two members of the county com­ is determined to be 6.81 cents per pound.” certification counties, if the excess acre­ mittee shall be present at the hearing. (Secs. 356, 375, 52 Stat. 62, as amended, 66 age is within the larger of 0.50 acre or 5 Such hearing shall be held before an as amended; 7 U.S.C. 1356, 1375) percent of the farm allotment, not to ex­ allotment for the farm is reduced, ex­ Effective date: July 16,1967. ceed 10 acres, the excess penalty card cept in the case of failure to return shall be marked “Eligible for Price Sup­ marketing card. Signed at Washington, D.C., on June port.” 22, 1967. (1) The converted rate of penalty to(Secs. 301, 361-368, 372-375, 52 Stat. 38, as E. A . Ja e n k e , be entered on an excess marketing card amended, 62-64, as amended, 65-66, as amended, secs. 358, 359, 55 Stat. 88, as Acting Administrator, Agricul­ for a farm, except as provided under amended, 90, as amended, sec. 377, 70 Stat. tural Stabilization and Con­ subparagraph (2) of this paragraph, 206, as amended, sec. 378, 72 Stat. 995, as servation Service. shall be determined as follows: amended; 7 U.S.C. 1301, 1358, 1359, 1361-1368, (1) Compute the percent excess for the 1372-1375,1377, 1378) [F.R. Doc. 67-7312; Filed, June 27, 1967; farm by dividing the final acreage into 8:50 a.m.] the excess acreage; Effective date. Upon publication in the F ederal R e g ister . (ii) Multiply the percent excess for the farm by the basic penalty rate. Signed at Washington, D.C. on June SUBCHAPTER C— SPECIAL PROGRAMS (2) The full penalty rate shall be en­ 22,1967. [Arndt. 9] tered on the excess penalty card where E. A . JAENKE, Acting Administrator, Agricul­ PART 751— LAND USE ADJUSTMENT the farm operator refuses to permit PROGRAM measurement or where the farm operator tural Stabilization and Con­ fails to timely certify the peanut acre­ servation Service. Subpart— Cropland Adjustment Pro­ age on the farm pursuant to Part 718 of [P.R. Doc. 67-7313; Piled, June 27, 1967; gram for 1966 Through 1969 this chapter. 8:50 am .] L and A c q u is it io n F u n d s and C ost-S hare (3) For federally owned"land an ex­ A s sis ta n c e t o P u b l ic E n t it ie s cess penalty card showing “ zero” as the [Arndt. 1] Section 751.142(a) of the regulations converted penalty rate shall be issued if PART 730— RICE governing the Cropland Adjustment Pro­ the final acreage on the farm is within gram for 1966 through 1969, 31 F.R. the effective farm allotment but is in Subpcnf— Rice Marketing Quota Reg­ excess of the acreage permitted by the 3483, as amended, is hereby amended to lease or operating agreement. ulations for 1967 and Subsequent read as follows: Crop Years (6) Section 729.1450 is amended by §751.142 Land acquisition funds and deleting the period at the end of the 1967 R ate o f P e n a l t y cost-share assistance to public en­ tities. third sentence, adding a semicolon, and The amendment herein is issued un­ inserting the following: der and in accordance with the provi­ (a) The Administrator, the Deputy § 729.1450 Identifying marketing cards sions of the Agricultural Adjustment Administrator, or, in accordance with in­ for producers indebted to the United Act of 1938, as amended. structions issued by the Deputy Admin­ States. The purpose of this amendment is to istrator, the State or county committee * * * except that a representative of announce the rate of penalty applicable may enter into an agreement with any the Farmers Home Administration may to excess rice produced in the 1967-crop public entity (as defined herein) under stamp the marketing card requesting year. which land acquisition funds and cost- the buyer to issue a check payable Under the Act, the penalty rate per share assistance will be made available jointly to the producer and the pound on the farm marketing excess is Farmers Home Administration. * * * equal to 65 per centum of the parity price for use in acquiring cropland and carry­ ing out practices thereon for the pres­ 7. Paragraph (a) of § 729.1454 is per pound for rice as of June 15 of the amended to read as follows: calendar year in which the crop is pro­ ervation of open spaces, natural beauty, duced. the development of wildlife or recrea­ § 729.1454 Sales memoranda and their Since rice will shortly be harvested in tional facilities, or the prevention of air uses. some parts of the rice-producing areas or water pollution in accordance with (a) Form MQ-70 Peanuts, “ Salesand since the rate of penalty is essential the provisions of this section. Memorandum and Record of Peanuts in computing the amount of penalty on Dried or Shelled for Producer,” may be any excess rice production, it is im­ (Sec. 602(q ), 79 Stat. 1210; 7 U.S.C. 1838(q)) issued in lieu of an excess penalty mar­ portant that this amendment be issued Effective date: Date of signature. keting card to producers on farms on and made effective as soon as possible. which the acreage of peanuts picked and In addition, calculation of the rate of Signed at Washington, D.C., on June threshed (final acreage) exceeds the ef­ penalty is a mathematical determination. 26, 1967. fective farm allotments, and to record Accordingly, it is hereby found that com­ H. D. G odfrey, and report purchases and the drying or pliance with the notice, public procedure, Administrator, Agricultural Sta­ shelling of farmers’ stock peanuts as and effective date requirements of 5 bilization and Conservation provided in §§729.1471, 729.1473, and UJS.C. 553 is unnecessary and contrary Service. 729.1475. to the public interest, arid this amend­ [F.R. Doc. 67-7371; Filed, June 27, 1967*. ***** ment shall become effective on the same 8:52 a m ]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9149

C h a p te r VIII— Agricultural Stabiliza­ 3. Section 811.53 as amended by tion and Conservation Service Direct-con­ amending paragraph (c) to read as Area Quotas sumption (Sugar), Department of Agriculture limits follows: SUBCHAPTER B— SUGAR REQUIREMENTS AND (1) (2) § 811.53 Quotas for foreign countries. QUOTAS ***** [Sugar Reg. 811, Amdt. 9] (Short tons raw value) (c) For the calendar year 1967, the PART 811— CONTINENTAL SUGAR RE­ Domestic beat sugar______3.168.000 (*) 1.162.000 <»> prorations or allocations to individual QUIREMENTS AND AREA QUOTAS 1,262,643 36,694 1,140,000 160,600 foreign countries other than the Repub­ Requirements and Quotas for 1967 15,000 lic of the Philippines pursuant to sec­ tion 202(c) (3) and (4), section 202(d) Basis and purpose and statement of l.No limit. and paragraph (a) of section 204 of the bases and considerations. The purpose * * * * * Act are as follows: of this amendment to Sugar Regulation 811 (31 P.R. 15581, as amended) is to re­ Temporary Déficit Total vise the determination of sugar require­ Basic quotas and prorations quotas ments for the calendar year 1967 and to Countries quotas prorations and and pursuant to allocation prorations establish quotas, prorations and direct- sec. 202(d) » consumption limits thereof consistent with such requirements pursuant to the Sugar Act of 1948, as amended (61 Stat. (Short tons raw value) 922, as amended), hereinafter referred Mexico...... 219, 616 233,275 62,508 515,399 Dominican Republic. 214, 786 228,149 166,134 609,069 to as the “Act” . BraziL.J...... 214, 786 228,143 61,134 504,063 Section 201 of the Act directs the Sec­ Peru______171,317 181,973 48, 761 402,051 British West Indies.. 86,801 73,457 22,502 181, 760 retary to revise the determination of Ecuador___ p____... 31,262 33,194 8,895 73,341 sugar requirements at such times dur­ French West Indies.. 26,990 23,107 7,078 57,175 Argentina...... 26,422 28,066 7,520 62,007 ing the calendar year as he deems neces­ Costa Rica...... 26,286 26,863 7,198 59,347 sary. Nicaragua...... ____ 25,286 26,863 7,198 59,347 The rate of sugar distribution has re­ Colombia...... 22,729 24,142 6,469 53,340 Guatemala...... 21,308 22,638 6,065 50,011 cently increased. In these circumstances Panama...... 15,910 16| 899 4,528 37,337 and with the period of heavy demand for El Salvador...... 15,626 16,601 4,448 36,675 Haiti..,...... 11,933 12,674 3,396 28,003 refined sugar at hand, sugar refiners Venezuela...... 10,796 11,466 3,073 25,335 have shown an inclination to enlarge British Honduras.... 6,250 5,352 1,639 13,241 Bolivia...... 2,557 2,716 728 6,001 their inventories and to make advance Honduras...... 2,557 2,701 726 5,984 purchase commitments. Today’s action Australia.,...... 102,279 87,000 189,279 will add to the quantity of raw sugar of­ Republic of China__ 42,616 36; 250 78,866 India...... 40,912 34,800 75, 712 ferings for third-quarter arrival. Also, South Africa...... 30,115 25, 616 55,731 in the development of this amendment, Fiji Islands____ 22,445 19,092 41, 637 Thailand_____ ..... 9,376 7,975 17,351 consideration has been given to the de­ Mauritius...... 9,376 7,975 17,351 sirability of obtaining fairly stable sugar Malagasy Republic.. 4,830 4,108 8,938 Swaziland...... -3,693 3,142 6,835 prices that will carry out the price ob­ Ireland....'.___...... 5,351 . 0 5,351 jectives set forth in Section 201 of the Act. '-¿ts Total....___.Is 1,422,201 1,424,236 430,000 3,276,437 Accordingly, total sugar requirements for the calendar year 1967 are hereby 1 Proration of the quotas withheld from Cuba and Southern Rhodesia. increased by 100,000 short tons, raw (Secs. 201, 202, 207 and 403: 61 Stat. 923, as value, to 10,700,000 short tons, raw value. Chapter IX— Consumer and Market­ amended, 924 as amended, 927 as amended ing Service (Marketing Agreements By virtue of the authority vested in the and 932 as amended; 7 U.S.C. 1111, 1112, and Orders; Fruits, Vegetables, Secretary of Agriculture by the Act, 1117 and 1153) Part 811 of this chapter is hereby Nuts), Department of Agriculture amended by amending § § 811.50, 811.51, Effective date. This action increases [Lemon Reg. 272, Amdt. 1] and 811.53 as follows: quotas for the calendar year 1967 by 1. Section 811.50 is amended to read 100,000 tons. In order to promote orderly p a r t 910— l e m o n s g r o w n in as follows: marketing, it is essential that all persons CALIFORNIA AND ARIZONA § 811.50 Sugar requirements, 1967. selling and purchasing sugar for con­ Limitation of Handling The amount of sugar needed to meet sumption in the continental United (a) Findings. (1) Pursuant to the the requirements of consumers in the States be able as soon as possible to marketing agreement, as amended, and continental United States for the cal­ make plans based on changes in the- endar year 1967 is hereby determined Order No. 910, as amended (7 CFR Part 910), regulating the handling of lemons to be 10,700,000 short tons, raw value. marketing opportunities. Therefore, it is hereby determined and found that com­ grown in California and Arizona, effec­ 2. Section 811.51 is amended by pliance with the notice, procedure and tive under the applicable provisions of amending paragraph (a) ( 1) to read as the Agricultural Marketing Agreement follows: 30-day effective date requirements in Act of 1937, as amended (7 U.S.C. 601- 5 .U.S.C. 553 is unnecessary, impracti­ § 811.51 Quotas for domestic areas. 674), and upon the basis of the recom­ cable, and contrary to the public interest mendations and information submitted (a) ( 1) For the calendar year 1967and this amendment shall become effec­ by the Lemon Administrative Commit­ domestic area quotas limiting the quan­ tive when filed for public inspection in tee, established under the said amended tities of sugar which may be brought marketing agreement and order, and the Office of the Federal Register. into or marketed for consumption in upon other available information, it is the continental United States are estab­ Signed at Washington, D.C., this 23 hereby found that the limitation of lished, pursuant to section 202(a) of the day of June 1967. handling of such lemons, as hereinafter R1 Column ( 1) and the amounts of such quotas for offshore areas that may J o h n A. S c h n it t k e r , provided, will tend to effectuate the be filled by direct-consumption sugar Acting Secretary. declared policy of the act. ^established, pursuant to section 207 [F.R. Doc. 67-7329; Filed, June 26, 1967; (2) It is hereby further found that it is °f the Act, in Column (2) as follows: 12:43 p.m.] impracticable and contrary to the public

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I--- 2 9150 RULES AND REGULATIONS interest to give preliminary notice, en­ ( 1) The said order as hereby amended, tions of the aforesaid order, as amended, gage in public rule-making procedure, and all of the terms and conditions and as hereby further amended, as fol­ and postpone the effective date of this thereof, will tend to effectuate the de­ lows: amendment until 30 days after publica­ clared policy of the Act; 1. Section 1063.10(a) is revised to tion hereof in the F ederal R egister (5 (2) The parity prices of milk, as deter­ read as follows: U.S.C. 553) because the time intervening mined pursuant to section 2 of the Act, § 1063.10 Pool plant. between the date when information upon are not reasonable in view of the price which this amendment is based became of feeds, available supplies of feeds, and * * * * * available and the time when this other economic conditions which affect (a) A distributing plant from which: amendment must becofne effective in or­ market supply and demand for milk in (1) The volume of Class I packaged der to effectuate the declared policy of the said marketing area, and the mini­ fluid milk products disposed of during the act is insufficient, and this amend­ mum prices specified in the order as the month either on routes (including ment relieves restriction on the handling hereby amended, are such prices as will routes operated by vendors) or through of lemons grown in California and reflect the aforesaid factors, insure a plant stores to retail or wholesale outlets Arizona. sufficient quantity of pure and whole­ or moved to other plants, less receipts (b) Order, as amended. The provisionssome milk, and be in the public interest; of packaged fluid milk products from in paragraph (b) (1) (ii) of §910.572 and other pool distributing plants, is not less (Lemon Regulation 272, 32 F.R. 8705) (3) The said order as hereby amended, than 45 percent (40 percent from the are hereby amended to read as follows: regulates the handling of milk in the effective date hereof through August 1967) of the total Grade A fluid mill? § 910.572 Lemon Regulation 272. same manner as, and is applicable only to persons in the respective classes of in­ products received at such plant, exclu­ dustrial or commercial activity specified sive of receipts of packaged fluid mill? (b) Order. (1) * * * in, a marketing agreement upon which products from other pool distributing (ii) District 2: 465,000 cartons. a hearing has been held. plants and receipts from other order * * # * * plants which are assigned pursuant to (b) Additional findings. It is necessary § 1063.46(a) (4) (ii) and the correspond­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. in the public interest to make this order 601-874) ing step of § 1063.46(b); and amending the order effective not later (2) Not less than 15 percent of such Dated: June 23, 1967. than June 1, 1967. Any delay beyond receipts during the month are so dis­ that date would tend to disrupt the or­ posed of in the marketing area on routes. P a u l A. N ic h o l s o n , derly marketing of mük in the marketing Deputy Director, Fruit and Veg­ * * * * • area. etable Division, Consumer and 2. Section 1063.15 is revised to read as Marketing Service. The provisions of the said order are known to handlers. The recommended follows: [F.R. Doo. 67-7317; Filed, June 27, 1967; decision of the Deputy Administrator 8:51 am .] §1063.15 Fluid milk product. was issued June 2,1967, and the decision “Fluid milk product” means milk, of the Assistant Secretary containing all skim milk, buttermilk, milk drinks (plain Chapter X— Consumer and Market­ amendment provisions of this order was or flavored), cream, or any mixture in ing Service (Marketing Agreements issued June 19,1967. The changes effect­ fluid form of skim milk and butterfat ed by this order will not require ex­ (except aerated cream products, prod­ and Orders; Milk), Department of tensive preparation or substantial altera­ Agriculture ucts containing cheese and labeled as tion in method of operation for handlers. such, yogurt, ice cream mix, evaporated [Milk Order 63] In view of the foregoing, it is hereby or condensed milk, and sterilized prod­ found and determined that good cause PART 1063— M ILK IN THE QUAD ucts packaged in hermetically sealed exists for making this order amending containers). Fluid milk products in con­ CITIES-DUBUQUE MARKETING AREA the order effective June 1,1967, and that sumer-type packages or dispenser units Order Amending Order it would be contrary to the public in­ are referred to in this part as packaged terest to delay the effective date of this fluid milk products. § 1063.0 findings and determinations. amendment for 30 days after its publica­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tion in the F ederal R egister. (5 U.S.C. The findings and determinations here­ 601-674) inafter set forth are supplementary and 553(d) (1966).) in addition to the findings and determi­ (c) Determinations. It is hereby deter­ Effective date: June 1, 1967. nations previously made in connection mined that: Signed at Washington, D.C., on with the issuance of the aforesaid order (1) The refusal or failure of handlers June i22, 1967. and of the previously issued amendments (excluding cooperative associations spec­ ified in sec. 8c(9) of the Act) of more G eorge L. M eh r en, thereto; and all of the said previous find­ Assistant Secretary. ings and determinations are hereby rati­ than 56 percent of the milk, which is fied and affirmed, except insofar as such marketed within the marketing area, to [F.R. Doc. 67-7243; Filed, June 27, 1967; 8:45 am .] findings and determinations may be in sign a proposed marketing agreement, conflict with the findings and determi­ tends to prevent the effectuation of the nations set forth herein. declared policy of the Act; [Milk Order 99] (a) Findings upon the basis of the (2) The issuance of this order, amend­ ing the order, is the only practical means PART 1099— MILK IN PADUCAH, KY., hearing record. Pursuant to the provi­ MARKETING AREA sions of the Agricultural Marketing pursuant to the declared policy of the Act of advancing the interests of pro­ Agreement Act of 1937, as amended (7 Order Suspending Certain Provisions U.S.C. 601 et seq.), and the applicable ducers as defined in the order as hereby amended; and Pursuant to the provisions of the Ag­ rules of practice and procedure govern­ ricultural Marketing Agreement Act of ing the formulation of marketing agree­ (3) The issuance of the order amend­ ing the order is approved or favored by 1937, as amended (7 U.S.C. 601 et seq.), ments and marketing orders (7 CFR at least two-thirds of the producers who and of the order regulating the handling Part 900), a public hearing was held during the determined representative of milk in the Paducah, Ky., marketing upon certain proposed amendments to period were engaged in the production of area (7 CFR Part 1099), it is hereby the tentative marketing agreement and milk for sale in the marketing area. found and determined that: to the order regulating the handling of Order relative to handling. It is there­ (a) The following provisions of the milk in the Quad Cities-Dubuque mar­ fore ordered, that on and after the .effec­ order do not tend to effectuate the de­ tive date hereof, the handling of milk clared policy of the Act for the months keting area. Upon the basis of the evi­ in the Quad Cities-Dubuque marketing of June, July, and August 1967: in dence introduced at such hearing and area shall be in conformity to and in § 1099.13 all of paragraph (c) (2) and the record thereof, it is found that: compliance with the ternis and condi­ (3).

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9151

(b) Thirty days notice of the effectivemon carriers will be set forth in the of rye stored in an approved warehouse date hereof is impractical, unnecessary, annual crop year supplement. The operated by an Eastern common carrier. and contrary to the public interest in amended paragraph reads as follows: Such deduction shall be based on entries that:. I shown on the warehouseman’s supple­ (1) This suspension order does not § 1421.2269 Warehouse charges. * * * * * mental certificate and delivery order. require of persons affected substantial I f written evidence is submitted with the or extensive preparation prior to the (c) Deduction of storage charges—supplemental certificate and delivery effective date. Eastern common carriers. The table set order that all warehouse charges except (2) This suspension order is necessary forth in the annual crop year supple­ elevation charges have been prepaid to reflect current marketing conditions ment will provide the deduction for through the applicable loan maturity and to maintain orderly marketing con­ storage charges to be made from the date, no storage deduction shall be made. ditions in the marketing area. amount of the loan or purchase price in Where the producer presents evidence (3 >4 This suspension order is requested the case of barley stored in an approved showing that the elevation charges have by the Paducah Graded Milk Producers warehouse operated by an Eastern comr been prepaid, the amount of the storage Association whose members comprise mon carrier. Such deduction shall be charges to be deducted shall be reduced nearly all the producers regûlarïy serving based on entries shown on the ware­ by the amount of the elevation charges this market. hou sem an’ s supplemental certificate set forth in the table in the annual crop It is necessary to enable the cooper­ and delivery order. I f written evidence year supplement. ative association and other handlers to is submitted with the supplemental efficiently handle the market’s seasonal certificate and delivery order that all 2. In § 4121.2849, subparagraphs (3) and (5) of paragraph (a) are amended reserve supply. warehouse charges except elevation It will remove limitations for the charges have been prepaid through the to provide a reduction in the amount to months of June, July, and August 1967, applicable loan maturity date, no storage be deducted from the loan rate for the as to the amount of producer milk that deduction shall be made. Where the 1967 and subsequent crops of rye re­ may be diverted to a nonpool plant at producer presents evidence showing that ceived by truck at terminal markets. The which the handling of milk is not subject the elevation charges have been prepaid, amended subparagraphs read as follows: to pricing and pooling provisions of the amount of the storage charges to be § 1421.2849 Support rates. another order issued pursuant to the Act. deducted shall be reduced by the amount ***** (4) Interested parties were afforded of the elevation charges set forth in the (a) Support rates at designated ter­ opportunity to file written data, views or table in the annual crop year supplement. minal markets. * * '* arguments concerning this suspension (Sec. 4, 62 Stat. 1070 as amended; 15 U.S.C. (3) The support rate for rye received (32 F.R. 8380). None were filed in opposi­ 714b. Interpret or apply sec. 5, 62 Stat. 1072, by truck and stored at any designated tion to the proposed suspension. secs. 105, 401, 63 Stat. 1051 as amended; 15 terminal market shall be determined by Therefore, good cause exists for mak­ U.S.C. 714c, 7 U.S.C. 1421, 1441) deducting from the applicable basic sup­ ing this order effective upon publication Effective date: Upon publication in port rate an amount equal to 3.25 cents in the F ederal R eg ister . the F ederal R eg ister . per bushel with respect to 1966-crop rye It is therefore ordered, that the afore­ and 2.5 cents per bushel with respect to Signed at Washington, D.C., on said provisions of the order are hereby 1967 and subsequent crops of rye, plus June 22,1967. suspended for the months of June, July, the actual amount of paid-in freight re­ E. A. J a e n k e , and August 1967. quired to guarantee the proportional out­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. Acting Executive Vice President, Commodity Credit Corporation. bound rate from the terminal market 601-674) to a recognized market determined by the [F.R. Doc. 67-7314; Filed, June 27, 1967; ASCS commodity office. Effective date: Upon publication in the 8:51 a.m.] Federal R egister. ***** Signed at Washington, D.C., on [CCC Grain Price Support Regs., 1966 and (5) Notwithstanding the foregoing June 22, 1967. Subsequent Crops Rye Supp., Arndt. 1] provisions of this paragraph, in deter­ mining the support rate for rye received G eorge L . M e h r e n , PART 1421— GRAINS AND SIMILARLY by truck and stored at any of the ter­ Assistant Secretary. HANDLED COMMODITIES - minal markets listed in subparagraph [Fit. Doc. 67-7316; Filed, June 27, 1967; (4) of this paragraph, there shall be de­ Subpart— 1966 and Subsequent Crops 8:51 a m .] ducted from the applicable basic support Rye Loan and Purchase Program rate an amount equal to 3.25 cents per Chapter XIV— Commodity Credit Cor­ W a r e h o u se C harges and S u p p o r t R ates bushel with respect to 1966-crop rye and poration, Department of Agriculture The regulations issued by the Com­ 2.5 cents per bushel with respect to 1967 modity Credit Corporation published in and subsequent crops of rye, plus the SUBCHAPTER B— LOANS, PURCHASES, AND 31 F.R. 6404, containing provisions for OTHER OPERATIONS transportation cost, if any, as determined price support loans and purchases ap­ by the ASCS commodity office, for mov­ [COC Grain Price Support Regs., 1966 and plicable to the 1966 and subsequent crops Subsequent Crops Barley Supp. Arndt. 1] graph reads as follows: ing the rye to a tidewater facility lo­ cated within the switching limits of the PART 1421— GRAINS AND SIMILARLY 1. In § 1421.2847, paragraph (c) is HANDLED COMMODITIES amended to provide that a table of stor­ terminal market to which it was de­ age deductions for rye stored in ware­ livered. Subpart— 1966 and Subsequent Crops houses operated by Eastern common car­ (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. Barley Loan and Purchase Program riers will be set forth in the annual crop 714b. Interpret or apply sec. 5, 62 Stat. 1072, year supplement. The amended para­ secs. 107, 401, 63 Stat. 1051, 1054; 15 U.S.C. W a r e h o u se C harges graph reads as follows: 714c, 7 U.S.C. 1441,1421) The regulations issued by the Com­ Effective date: Upon publication in the § 1421.2847 Warehouse charges. modity Credit Corporation published in F ederal R eg ist e r . 31 F.R. 7964, containing provisions for ***** Price support loans and purchases appli­ (c) Deduction of storage charges— Signed at Washington, D.C., on cable to the 1966 and subsequent crops Eastern common carriers. The table set June 22,1967. of barley are amended as follows: E. A. J a e n k e , forth in the annual crop year supple­ in § 1421.2269, paragraph (c) is Acting Executive Vice President, amended to provide that a table of ment will provide the deduction for stor­ Commodity Credit Corporation. storage deductions for barley stored in age charges to be made from the amount [F.R. Doc. 67-7315; Filed, June 27, 1967; warehouses operated by Eastern com- of the loan or purchase price in the case 8:51 a n . ]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9152 RULES AND REGULATIONS

Chapter XVIII— Farmers Home Ad­ such projects in designated rural areas thereon to exceed $400 million for the ministration, Department of Agri­ under section 32(e) of the Bankhead- particular fund. Jones Farm Tenant Act (7 U.S.C. 1011 culture (b) Functions assigned in § 1800.11 (e)). (i) with respect to : SUBCHAPTER A— GENERAL REGULATIONS (g) Resource Conservation and Devel­ (1) Prescribing rules and regulations PART 1800— ADMINISTRATIVE opment loan program to assist in carry­ jointly with the Director of the Office of ing out resource conservation and devel­ Economic Opportunity. PROVISIONS opment projects in rural areas under (2) Requesting the Director of the Of­ Subpart B— Assignment of Functions section 32(e) of the Bankhead-Jones fice of Economic Opportunity to make Farm Tenant Act (7 U.S.C. 1011(e)). advances to the revolving fund estab­ Subpart B, Part X V III, Title 7, Code of (h) Section 51(a) of the Alaska Om­ lished pursuant to Section 606 of the Eco­ Federal Regulations (31 F.R. 14110), is nibus Act (Note preceding 48 U.S.C. 21). nomic Opportunity Act of 1964. revised to reflect changes in the assign­ (3) Requesting reimbursements from ments and reservations of functions to (i) Loan programs under Part A of Title IH and the necessarily related the Director of the Office of Economic the Farmers Home Administration. The Opportunity for the performance of such revised Subpart B reads as follows: functions in Title V I of the Economic Opportunity Act of 1964 (42 U.S.C. 2841- assigned functions. Sec. 2854, 2942, 2946) delegated by the Direc­ (c) Execution of Conveyance in Trust 1800.11 Functions assigned to the Farmers tor of the Office of Economic Opportunity instruments under the Participation Home Administration. to the Secretary of Agriculture (29 F.R. Sales Act of 1966 (12 U.S.C. 1717). 1800.12 Functions reserved by the Secretary 14764). (d) Designation of areas in which of Agriculture. Emergency loans may be made (7 U.S.C. ( j ) Loan programs in the Appalachian 1961). Au t h o r it y : The provisions of this Subpart region under sections 203 and 204 of the B contained in Order Sec. of Agr., 32 F.R. 6650. (e) Designation of areas in which Appalachian Regional Development Act Rural Renewal loan and technical assist­ § 1800.11 F u n c tio n s assigned to the of 1965 (40 U.S.C. Appendix 203, 204). ance programs may be carried on (7 Farmers Home Administration. (k) Farmers Home Administration U.S.C. 1011(e)). assets conveyed in trust under the Par­ In the above authority the Secretary of Dated: June 22, 1967. Agriculture assigned and transferred to ticipation Sales Act of 1966 (12 U.S.C. the Farmers Home Administration all of 1717). L ar r y B rock, the functions, powers, duties, and assets (l) The Federal Claims Collection Act Acting Administrator, under or with respect to : of 1966 and joint regulations issued pur­ Farmers Home Administration. (a) The Consolidated Farmers Home suant thereto by the Attorney General [F.R. Doc. 67-7244; Filed, June 27, 1967; Administration Act of 1961 (7 U.S.C. and the Comptroller General with re­ 8:45 ajn.] 1921), except'those contained in section spect to claims of the Farmers Home 342 of said Act (7 U.S.C. 1013a). These Administration (31 U.S.C. 951, 952; 4 assigned functions, powers, duties, and CFR ch. n ) . assets pertain to programs authorized (m) Servicing, collection, settlement, Title 14— AERONAUTICS AND under said Act as well as to prior pro­ and liquidation of : grams and authorities of the Farmers ( 1 ) Deferred land purchase obligations SPACE Home Administration and its predecessor of individuals under the Wheeler-Case agencies, the Farm Security Administra­ Act of August 11, 1939, as amended (16 Chapter I— Federal Aviation Adminis­ tion, the Emergency Crop and Feed Loan U.S.C. 590y), and under the item “ Water tration, Department of Transporta­ Offices of the Farm Credit Administra­ Conservation and Utilization Projects” tion tion, and the Regional Agricultural in the Department of the Interior Appro­ {Docket No. 7008; Arndt. 25-13] Credit Corporation of Washington, D.C. priation Act, 1940 (53 Stat. 719), as (b) Title V of the Housing Act of 1949 amended. PART 25— AIRWORTHINESS STAND­ <42 U.S.C. 1471), except those pertaining (2) Puerto Rican Hurricane Relief ARDS: TRANSPORT CATEGORY to research. loans under the Act of July 11, 1956 (70 AIRPLANES (c) The Rural Rehabilitation Corpo­ Stat. 525). ration Trust Liquidation Act (4d U.S.C. (3) Loans made in conformance with Hydraulic System for Transport 440), and under the trust, liquidation and section 4 of the “ Southeast Hurricane Category Airplanes other agreements entered into pursuant Disaster Relief Act of 1965” (79 Stat. 1301). The purpose of this amendment to thereto. § 25.1435 of the Federal Aviation Regu­ (d) Section 8, and those with respect (n) Disposal of surplus property under the jurisdiction of the Farmers Home lations is to prescribe more comprehen­ to repayment of the obligations under sive design and test requirements for section 4, of the Watershed Protection Administration which the Secretary of Agriculture is authorized to dispose of by transport category airplane hydraulic and Mood Prevention Act . (16 U.S.C. systems. 1006a, 1004). the Administrator of the General Serv­ ices Administration (40 U.S.C. 484, 486). This amendment is based on a notice (e) Assisting in implementing the of proposed rule making (Notice No. 65- “ outreach” functions of the Secretary of § 1800.12 Functions reserved to the Sec­ 33), published in the F ederal R egister Agriculture by providing leadership in retary of Agriculture. on November 5, 1965, (30 F.R. 14015). the field through ( 1) taking the initiative The following functions relating to the Numerous comments were received in in identifying problems of rural commu­ assignments described in § 1800.11 have response to Notice 65-33. The more perti­ nities which require the coordinated ef­ been reserved by the Secretary in the nent of these comments, together with forts of various departments and agen­ above recited authority: the changes in the proposal resulting cies for their effective solution, and (2) (a) Making and issuing notes to thetherefrom are discussed hereinafter. devising means by which all of the facil­ Secretary of the Treasury for the pur­ One comment recommended that, in ities of the Department of Agriculture poses of the Agricultural Credit Insur­ order to be consistent with normal de­ field offices can be utilized in the task of ance Fund as authorized by the Consoli­ sign practices, each element of the hy­ assisting other Federal agencies in mak­ dated Farmers Home Administration Act draulic system should withstand, with­ ing their programs effective in rural of 1961 (7 U.S.C. 1929) and the Rural out rupture, the ultimate pressure loads areas. Housing Insurance Fund as authorized (design operating pressure loads multi­ (f) Rural Renewal Program activities by Title V ,of the Housing Act of 1949 plied by a factor of safety of 1-5) in consisting of making loans, making ad­ (42 U.S.C. 1487) and requesting advances combination with ultimate structural vances for technical assistance, coordi­ of funds evidenced by said notes, where loads that can reasonably occur simul­ nation, direction, and supervision of such notes or requests for advances taneously. The proposal would have re­ rural renewal projects, and assistance in thereunder would cause the aggregate quired consideration of design operat­ planning, developing and carrying out outstanding unpaid principal balances ing pressure loads in combination witn

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9153

ultimate structural loads In all cases, While concurring with the proposed cost penalty with no certainty of im­ with no regard as to whether the two requirements of 1 25.1435(a)(5), one provement in reliability. would ever occur simultaneously in commentator suggested a limit of 125 In commenting on § 25.1435(b) (2), service. The FAA agrees with this com­ percent of design operating pressure for several persons suggested that the rule ment since the establishment of ultimate the hydraulic system generally, and plus should be amended to make it clear that pressure is in accord with other provi­ or minus 10 percent pump ripple pres­ it applies to type certification only. sions in the regulation, and the applica­ sures. Another comment said that the However, the FAA does not believe that tion of ultimate pressure loads and ulti­ standard should require that power sup­ such a revision is necessary since the mate structural loads only when the plied (pumps) and operation of actua­ applicability provision of Part 25 spe­ combination can reasonably occur to tors must not produce surges or fre­ cifically states that the standards set cause rupture, is more rational and less quencies which are destructive to any forth therein are the airworthiness burdensome than the proposal. part of the system. Finally, it was recom­ standards for the issue of and changes A number of comments objected to the mended that the requirement should to type certification. Another comment use of the terms “main” and “primary” minimize surge pressure effect in all stated that this rule should apply only in describing the hydraulic power sys­ components in the hydraulic system. The to installed tubing. However, the FAA tems in proposed § 25.1435(a) (2), (3) FAA agrees with these comments but intends that the requirement be applied and (4). The FAA agrees that the words considers that the regulations as pro­ to the complete system installed in an “primary” and “main” can be confus­ posed will accomplish the stated objec­ airplane and not just to tubing and the ing and that the proposal should be tive. The FAA also sees merit in estab­ current rule was revised in the proposal clarified in this regard. However, the lishing specific overpressure limits as to make this clear. However, in response FAA does not agree with the comment suggested. However, it is not in a posi­ to comments, the FAA does agree that the rule should require pressure in­ tion at this time to specify the limit that the proposed regulation should dication in each “standby system” . In values and further study will be re­ be changed to make it clear that during this connection, the proposal has been quired before a proposal in this matter the static tests there must be adequate changed to make it clear that pressure can be made. clearance between structural members indication is necessary only in continu­ In response to a comment with respect and hydraulic system components and ously operating systems. to the proposed requirements in that following the tests there must be Numerous comments suggested that § 25.1435(a) (6) that each hydraulic ele­ no permanent detrimental deformation. the pressure indication means should ment must be protected from abrasion, The rule has been amended accordingly be gages, or warning lights, or both. corrosion, and mechanical damage, the and renumbered as § 25.1435(b) (1). However, the FAA does not consider that FAA agrees that such a requirement is The current fire protection require­ it is necessary to specify the means. too restrictive and should be changed to ments for hydraulic systems set forth in While either a gage or a light would be take into consideration damage which § 25.1435(c) merely require compliance satisfactory, the applicant should be must be expected during normal service with other sections of Part 25. In allowed to show that some other means life. Furthermore, the FAA agrees that Notice 65-33, the FAA expressly deter­ is also adequate. the requirement concerning harmful or mined that paragraph (c) should be There was a comment to the effect hazardous concentrations of hydraulic amended to include the substance of the that fluid quantity indication should be fluid or vapor should be revised to apply referenced sections and to delete all ref­ mandatory for each system having a only during flight. However, the FAA erence to the word “ flammable.” How­ reservoir. On the other hand, another does not agree with a request that the ever, comments received concerning the comment stated that a minimum air­ terms “harmful” and “hazardous” be fire protection requirements have per­ worthiness standard should not require defined. The FAA considers that since suaded the FAA to retain paragraph (c) any fluid quantity indication, and that each individual application must be eval­ in its present form. Thus, paragraph (c) the pressure indication was sufficient. uated to determine whether there is a remains applicable only to hydraulic The FAA does not agree with either of harmful or hazardous condition present systems using flammable fluids. The these comments. A fluid quantity indica­ and since such an evaluation depends following is a discussion of the com­ tion means could not be justified for on, among other things, the fluid used, ments received with respect to the pro­ certain emergency standby systems system pressure, and emergency pro­ posed requirements insofar as they relate which have small reservoirs. However, cedures available to the crew, a defini­ to the requirements of the final rule. based on service experience, the FAA tion that would be uniformly applicable With respect to the requirements con­ considers that there is ample justifica­ is not possible. cerning fire protection set forth -in tion for the proposed fluid quantity in­ One of the comments recommended proposed § 25.1435(c) (1), a comment dication requirement. In the light of that the proposed § 25.1435(a) (6) be suggested that the requirements should these comments the proposed require­ further amended to require that routing require detection as well as control of any ment concerning the fluid quantity indi­ of hydraulic lines in exposed areas be fire resulting from the ignition of hy­ cation means has been changed to make designed to afford maximum protection draulic fluids. In addition, a suggestion it clear that a means must be provided from foreign object damage such as ob­ was made that the rule should require at a flight crewmember station to indi­ jects thrown by the wheels. In this re­ the use of fire resistant fluids. Control cate the quantity of fluid in each con­ gard, however, we believe that since the of a fire does not necessarily require de­ tinuously operating system. The FAA regulation requires that each hydraulic tection. In some cases, control' is inher­ agrees with a final comment that there element must be installed to present ent in the design through fireproof con­ is no reasonable correlation between excessive vibration, abrasion, corrosion, struction or the sealing off of ventilation. quantity indication and four separate and mechanical damage, it is sufficiently In other cases, however, control of a fire ways of serving any fundamental func­ broad to cover all physical damage re­ may entail detection. The requirement tion as suggested in proposed § 25.1435 gardless of cause. It is considered, there­ for control of a fire is intended to as­ (3) and the proposed exception tofore, that further amendment as sug­ sure that all the steps necessary to con­ the fluid indication requirement has been deleted. gested would merely emphasize a spe­ trol the fire in the particular case are cific source of damage already included provided, including detection where There were a large number of com- within the objectively stated rule. needed. Furthermore, the FAA does not ments objecting to the requirement for In response to numerous objections to believe that a requirement for fire re­ & fluid temperature indication as set sistant hydraulic fluids is necessary. The lorth in § 25.1435(a) (4). After further the burst test pressure requirements in proposed § 25.1435(b) (1), the FAA has substantial service experience available onsxderation in the light of the com­ for hydraulic fluids indicates that oil- ments received, the FAA has concluded determined that the proposal should be deleted. In consideration of other provi­ base hydraulic fluids are safe when ade­ nat there is no present need for the quate fire protection is also provided. sions of the regulation, the FAA agrees proposed temperature indication re- Concerning the requirements of pro­ ^ rf m,ent and the proposal has been that the proposed burst test pressures posed § 25.1435(c) (2), a suggestion was ueieted accordingly. could result in a substantial weight and made that the location of the hydraulic

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY; JUNE 28, 1967 9154 RULES AND REGULATIONS fluid reservoir should not be permitted would not, in all cases, prevent hazard­ the system. The FAA does not agree in any designated fire zone. The FAA ous quantities of fluid from draining into with the recommendation. Extra filters does not agree with this suggestion. that fire zone. Therefore, the FAA does add to the weight and complexity of There has been no adverse service ex­ not consider that a requirement along hydraulic systems and could, therefore, perience with flammable fluid reservoirs the lines suggested by this comment is conceivably reduce the overall reliability to indicate that a requirement prohibit­ necessary in the interest of safety. of the system. Removal of contaminants ing the installation of a hydraulic fluid A comment concerning the require­ following a component failure is accom­ reservoir in a designated fire zone is ments of proposed § 25.1435(c) (11) noted plished by proper maintenance pro­ necessary. that the flexible hose assembly must be cedures which vary with hydraulic sys­ A comment concerning the require­ approved and asked by whom the hose is tem design. The comment presents no ment in proposed § 25.1435(c) (3) that to be approved. Other comments sug­ justification for such a requirement and at least a %-inch clearance must be pro­ gested the need to definé “fire resistant” the FAA is not aware of any unsatisfac­ vided between tank or reservoir and fire­ and pointed out that the rule should tory service experience in this area. walls or shrouds, suggested that the re­ make it clear that insofar as the fire Therefore, the FAA does not believe that« quirement should be more general and resistant requirement is concerned, the such a requirement is necessary in the should be tied to the ambient tempera­ word “line” includes flexible hose assem­ interest of safety. ture or to the heat transmitting charac­ blies. By “ approved” flexible hose assem­ In response to a recommendation that teristics of the firewall or shroud. The bly, the FAA means any assembly ap­ the standard require all components to FAA, however, does not believe it nec­ proved in a manner specified in § 21.305 be designed so that they cannot be in­ essary to change this requirement. The of the FARs. Moreover, since the term stalled incorrectly it should be noted requirement specifies that there must be “fire resistant” is already defined in Part that such a requirement would impose at least a %-inch clearance and this 1 of the FARs and since that definition an unwarranted design burden on the does not preclude requiring a larger applies to the term as used in this regu­ manufacturers since, in all cases, sub­ clearance if type certification evalua­ lation, there is no need for a definition in sequent installation of the components tion indicates that additional clearance this rule. Finally, it should be pointed is required to be made by trained is necessary. In this connection, the out that the fire protection requirements personnel. functional tests, endurance tests, and' have not been adopted in the form pro­ A comment was received suggesting analyses required under amended § 25.- posed. In this final amendment, the fire that the rule should include a require­ 1435(b) (2) may justify imposition of a protection requirements are the same ment that the normal system be pro­ greater clearance. as presently set forth in the regulations. vided with a reserve fluid supply. How­ Concerning the proposed requirements In this connection, the regulation, as ever, the FAA is aware that hydraulic of § 25.1435(c) (5), certain comments presently drafted, includes flexible hose failures, when they occur, are such that indicated that the shutoff means re­ assemblies under the general heading loss of fluid is rapid. The introduction of quired should be a shutoff valve while of lines and fittings and such assemblies more fluid into the system would be of another comment stated that a shutoff have been consistently treated as lines no value since the new fluid would be means is not needed where tests prove and fittings under that requirement. lost before pressure could be restored in the fluid transportation system and Therefore, the FAA does not believe that the system. clarification of the requirement is nec­ equipment is fire-resistant equivalent to Interested persons have been afforded essary.* the aircraft structure. The FAA, how­ an opportunity to participate in the ever, does not believe that the rule In response to numerous objections to making of this amendment, and due should specifically require a shutoff proposed § 25.1435(d), Reliability, the consideration has been given to all mat­ valve but should permit the use of any FAA has deleted requirements relating ter presented. means to prevent hydraulic fluid from to environmental testing of the assem­ entering a designated fire zone. More­ bled system and set forth thè remaining This amendment is made under the over, the FAA must also reject the rec­ portions of proposed paragraph (d) in a authority of sections 313(a), 601, and ommendation to allow elimination of the new paragraph (b) (2). In this connec­ 603 of the Federal Aviation Act of 1958 shutoff means on a showing that the tion, the FAA agrees that the proposed (49 U.S.C. 1354(a), 1421, and 1423). In consideration of the foregoing, fluid transportation system is fire-re­ environmental testing of the assembled sistant, equivalent to the aircraft struc­ system is not necessary in order to § 25.1435 of Part 25 of the Federal Avia­ ture. The FAA does not consider that, achieve a reasonable and effective test­ tion Regulations is amended, effective in the event of fire, the unrestricted flow ing program for improving hydraulic July 27, 1967, to read as follows: of flammable fluid within a designed fire system reliability, and the final rule has § 25.1435 Hydraulic systems. zone, even though transported in a fire- been changed accordingly. Moreover, the (a) Design. Each hydraulic system resistant system, provides the same level FAA determined that the specific re­ must be designed as follows: of safety as preventing such flow by a quirements continued in proposed para­ (1) Each element of the hydraulic shutoff means. graphs (d) (2) and (d) (3), which stated system must be designed to withstand Comments received objecting to the endurance testing requirements were the design operating pressure loads in proposed new § 25.1435(c) (6) indicated unnecessarily detailed. The endurance combination with limit structural loads that the requirement should reference testing requirements have been revised which may be imposed without deforma­ the remaining parts of the system, rather to specify a more objective standard and than only the parts of the system asso­ as set forth in the new paragraph (b) (2) tion that would prevent it from per­ forming its intended function, and to ciated with other designated fire zones. requires that endurance tests must simu­ withstand, without rupture, the design The FAA agrees with this comment, and, late the repeated complete flights that by retaining the present paragraph (c) could be expected to occur in service. In operating pressure loads multiplied by which contains the appropriate refer­ addition, based on numerous comments, a factor of 1.5 in combination with ulti­ ences, has incorporated it into the regu­ the proposal has been relaxed to the ex­ mate structural loads that can reason­ ably occur simultaneously. Design oper­ lations. tent that cyclic loads during the tests ating pressure is maximum normal need not take into account the effects of With respect to the proposed require­ operating pressure, excluding transient ment of § 25.1435(c) (9), a comment vibration and variations in temperature. stated that it should require that the Finally, as pointed out by the comments, pressure. amount of plumbing between a shutoff elements which have failed during test­ (2) There must be a means provided valve and the fire zone be kept to a mini­ ing may need only to be modified and not at a flight crewmember station to in­ mum. The FAA does not agree with this redesigned and the rule has been dicate the pressure in each continuously comment. There was no data submitted changed accordingly. operating system. in support of this recommendation and A comment recommended that filters (3) There must be a means provided in the FAA’s opinion, keeping the plumb­ be required at strategic points in the at a flight crewmember station to indi­ ing between the shutoff valve and the system so that contaminants from a cate the quantity of fluid in each con­ fire zone to an undefined “minimum” failed component will not travel through tinuously operating system.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9155

(4) There must be means to ensure Issued in Washington, D.C., on June 21, Issued at Los Angeles, Calif, on that the pressure, including transient 1967. June 23, 1967. (surge) pressure, in any part of the sys­ W il l ia m F. M cK e e , A r v in O. B a s n ig h t , tem will not exceed safe limit above de­ Administrator. Regional Director, sign operating pressure and to prevent [F.R. Doc. 67-7266; Filed, June 27, 1967; FAA Western Region. excessive pressures resulting from fluid 8:46 a.m.] volumetric changes in all lines which are [FJt. Doc. 67-7377; Filed, June 27, 1967; likely to remain closed long enough for 8:52 am .] such changes to occur. [Airworthiness Docket No. 67-WE-17-AD; Arndt. 39-440] (5) Each hydraulic element must be [Airspace Docket No. 67-SW-17] installed and supported to prevent ex­ PART 39— AIRWORTHINESS PART 71— DESIGNATION OF FEDERAL cessive vibration, abrasion, corrosion, DIRECTIVES and mechanical damage, and to with­ AIRWAYS, CONTROLLED AIRSPACE, stand inertia loads. I f a hydraulic fluid Hughes Model 269 Series Helicopters AND REPORTING POINTS which could be harmful to occupants Alteration of Control Zone, Transition when liberated in any form is used, there There have been reports of concentra­ Area, and Revocation of Control must be a means to prevent harmful or tion of carbon monoxide gas in the cabin Area Extension hazardous concentration of the fluid or of individual Hughes Model 269 Series vapors in the crew or passenger compart­ The purpose of this amendment to ments during flight. helicopters that exceeds the concentra­ tion allowable under the airworthiness Part 71 of the Federal Aviation Regula­ (6) Means for providing flexibility tions is to alter controlled airspace in the must be used to connect points in a rules applicable to this helicopter. The Enid, Okla., terminal area. hydraulic fluid line between which rela­ presence of carbon monoxide gas in ex­ On April 21,1967, a notice of proposed tive motion or differential vibration cess of allowable amounts could result in rule making was published in the exists. passenger and crew incapacitation. Since F ederal R egister (32 F.R . 6288) stating (b) Tests. (1 )A complete hydraulic this condition is likely to exist or de­ that the Federal Aviation Administration system must be static tested to show that velop in other helicopters of the same proposed to alter the Enid, Okla., control it can withstand a pressure of 1.5 times type design, an Airworthiness Directive zone and transition area, and revoke the the design operating pressure without control area extension. is being issued to require the installation a deformation of any part of the sys­ Interested persons were afforded an tem that would prevent it from perform­ of an air scoop, additional sealing of the opportunity to participate in the rule ing its intended function. Clearance be­ cabin, and restriction of the positioning making through submission of com­ tween structural members and hydraulic of the upper and lower air vents on the ments. The Air Transport Association system elements must be adequate and left and right hand door panels to face of America (ATA) objected to the pro­ there must be no permanent detrimental forward and upward. These modifica­ posed revocation of the control area deformation. For the purpose of this tions according to test data approved by extension stating that Central Airlines test, the pressure relief valve may be has need of the control area extension the agency, result in a more effectively which underlies the 5,000-foot portion of made inoperable to permit application sealed cabin and prevent accumulation the Enid, Okla,, transition area. This of the required pressure. of carbon monoxide gas beyond the al­ provides a corridor of controlled air­ (2) Compliance with § 25.1309 forlowable limits specified in the applicable space, in part, for their off-airway direct hydraulic systems must be shown by airworthiness rules. route between the Woodring, Okla., VOR functional tests, endurance tests, and Since a situation exists that requires and the Gage, Okla., VOR. analyses. The entire system or appropri­ immediate adoption of this regulation, it Due consideration was given to the ate subsystems must be tested in an air­ is found that notice and public procedure objection received. The proposed revoca­ hereon are impracticable, and good cause tion of the control area extension and plane or in a mockup installation to exists for making this amendment ef­ alteration of the transition area were determine proper performance and prop­ fective in less than 30 days. based on the fact that Central Airlines no er relation to other aircraft systems. In consideration of the foregoing, and longer had flights utilizing the direct The functional tests must include simula­ pursuant to the authority delegated to off-airway Woodring-Gage route, and tion of hydraulic system failure condi­ me by the Administrator (31 F.R. 13697), therefore, there was no need for con­ tions. The tests must account for flight § 39.13 of Part 39 of the Federal Aviation trolled airspace as designted. The Fed­ loads, ground loads, and hydraulic sys­ Regulations is amended by adding the eral Aviation Administration has since following new airworthiness directive: been advised that Central Airlines is tem design operating and transient pres­ again utilizing the direct off-airway sures expected during normal operation, H ughes. Applies to Hughes Model 269 Series helicopters. Woodring-Gage route ahd therefore has but need not account for vibration loads Compliance required within the next 25 a continuing need for the controlled air­ or for loads due to temperature effects. hours’ time in service following the effective space as it now exists. Endurance tests must simulate the re­ date of this AD unless already accomplished. In view of current airspace require­ To prevent concentration of carbon mon­ peated complete flights that could be ex­ ments, alteration of the Enid, Okla., oxide gas in the cabin in excess of the transition area and revocation of the pected to occur in service. Elements amounts allowable under applicable air­ Enid, Okla., control area extension, as which fail during the tests must be modi­ worthiness rules, accomplish the following; Install air scoop, restrict positioning of proposed, are hereby rescinded." fied in order to have the design deficiency the upper and lower air vents on the left In consideration of the foregoing, Part corrected and, where necessary, must be and right hand door panels to face forward 71 of the Federal Aviation Regulations sufficiently retested. Simulation of op­ and upward, and seal cabin in accordance is amended, effective 0001 e.s.t., August with Hughes Service Information Notice No. erating and environmental conditions 17, 1967, as hereinafter set forth: N-33 dated May 12, 1967, or later approved In § 71.171 (32 F.R. 2091) the Enid, must be completed on elements and ap­ revision or by a method approved by the Okla., control zone is amended by propriate portions of the hydraulic sys­ Aircraft Engineering Division, FAA Western Region, Los Angeles, Calif. deleting: “ * * * and within 2 miles each tem to the extent necessary to evaluate side of the Woodring VOR 011° radial, the environmental effects. This amendment becomes effective 5 extending from the 5-mile radius zone to (c) Fire protection. Each hydraulic days after publication in the F ederal 12 miles north of the VOR; and that air­ R eg ist e r . system using flammable hydraulic fluid space within 2 miles each side of the (Secs. 313(a), 601, 603 of the Federal Aviation Woodring VOR 191° radial extending must meet the applicable requirements Act of 1958, 49 U.S.C. 1354(a), 1421, and from the Woodring Field 5-mile radius °U § 25.863, 25.1183, 25.1185, and 25.1189. 1423) zone to 12 miles south of the VOR ♦ *

FEDERAL REGISTER, VOL. 32, NO. 124—-WEDNESDAY, JUNE 28, 1967 9156 RULES AND RÉGULATIONS

(Sec. 307(a), Federal Aviation Act of 1958; No objections have been received and along longitude 92°31'00" W., to the south 49 Ü.S.C. 1348) the proposed amendment is hereby edge of V-12, thence east along the south adopted without change and is set forth edge of V-12 to a line 5 miles southeast of Issued In Forth Worth, Tex., on and parallel to the Jefferson City, Mo., VOR June 16, 1967. below. 041° radial, thence southeast along a line This amendment shall be effective 0001 5 miles southeast of and parallel to the Jef. H e n r y L . N e w m a n , e.s.t., August 17,1967. ferson City VOR 041° and 221* radiais to Director, Southwest Region. (Sec. 307(a), Federal Aviation Act of 1958 latitude 38°27'30" N., longitude 92oH'00" [F.R. Doc. 67-7267; Filed, June 27, 1967; (49 U.S.C. 1348) ) W., thence northwest to the point of 8:46 a.m.] beginning. Issued in Kansas City, Mo., on June 13, (Sec. 307(a), Federal Aviation Act of 1958' 1967. 49 U.S.C. 1348) [Airspace Docket No. 67-CE-40] A l a n H . G la s s , Acting Director, Central Region. Issued in Kansas City, Mo., on June 13 PART 71 — DESIGNATION OF FEDERAL 1967. AIRWAYS, CONTROLLED AIRSPACE, Designate the Marshall, Mich., transi­ A l a n H . G lass, AND REPORTING POINTS tion area as that airspace extending up­ Acting Director, Central Region. ward from 700 feet above the surface Designation of Transition Area within a 5-mile radius of Marshall, [F.R. Doc. 67-7270; Filed, June 27, 1967; Mich., Brooks Meld (latitude 42°15'05" 8:47 am .] On pages 6208 and 6209 of the F ederal N., longitude 84°57'25" W.) and within R egister dated April 20, 1967, the Fed­ eral Aviation Administration published 2 miles each side of the Battle Creek, [Airspace Docket No. 67-W E-ll] a notice of proposed rule making which Mich., VORTAC 105° radial extending from the 5-mile radius area to 7 miles p a r t 71— designation o f federal would amend section 71.181 of Part 71 AIRWAYS, CONTROLLED AIRSPACE, of the Federal Aviation Regulations so east of the airport, excluding the por­ as to designate a transition area at tion which coincides with the Battle AND REPORTING POINTS Creek, Mich., transition area. Allegan, Mich. Alteration of Transition Area Interested persons were given 45 days [F.R. Doc. 67-7269; Filed, June 27, 1967; to submit written comments, suggestions 8:47 a.m.] On April 22, 1967, F.R. Doc. 67-4456 or objections regarding the proposed was published in the F ederal R egister amendment. (32 F.R. 6345), which designated con­ [Airspace Docket No. 67-CE-42] trolled airspace in the Omak, Wash., No objections have been received and area. the amendment as so proposed is hereby PART 71— DESIGNATION OF FEDERAL adopted, subject to the following change: AIRWAYS, CONTROLLED AIRSPACE, Subsequently, there was published in the National Flight Data Digest dated The Padgham Field airport coordi­ AND REPORTING POINTS nates recited in the Allegan, Mich., May 29, 1967, the refined geographic lo­ transition area designated as “latitude Alteration of Transition Area cation for the Omak, Wash., radio bea­ 42°31'45" N., longitude 85°49'00" W.” con. Accordingly, action is taken herein On April 20, 1967, a notice of proposed to reflect the revised coordinates. are changed to read “ latitude 42°31'55" rule making was published in the F ed­ N., longitude 85°49'30" W.” In consideration of the foregoing, the eral R egister (32 F.R. 6208) stating that description of the Omak, Wash., transi­ This amendment shall be effective the Federal Aviation Administration 0001 e.s.t., August 17, 1967. tion area as contained in F.R. Doc. 67- proposed to alter the Columbia, Mo., 4456 (32 F.R. 6345) is amended by de­ (Sec. 307(a), Federal Aviation Act of 1958 transition area. leting “ * * * (latitude 48°27'30" N., (49 U.S.C. 1348) ) Interested persons were afforded an longitude 119°30'45" W.) * * and opportunity to participate in the rule substituting “ * * * (latitude 48°27'13" Issued in Kansas City, Mo., on June 12, making through submission of com-, 1967. N., longitude 119°30'56" W.) * * ments. No objections were received. therefor. A l a n H . G lass, Effective July 20, 1967, the Readsville, Acting Director, Central Region. Mo., transition area will be modified so Since this correction is editorial in Designate the Allegan, Mich., transi­ that it no longer overlies the Columbia, nature and imposes no additional burden tion area as that airspace extending up­ Mo., transition area. Consequently, that on any person, compliance with section ward from 700 feet above the surface portion of the Columbia, Mo., transition 4 of the Administrative Procedure Act (5 within a 6-mile radius of Allegan, Mich., area designated in the subject notice U.S.C. 553) is unnecessary, and the ef­ Padgham Field (latitude 42°31'55" N., which reads “excluding the airspace that fective date of the Mnal Rule as initially longitude 85°49'30" W .), excluding the coincides with the Readsville, Mo., tran-? adopted is retained. portion which coincides with the Battle sition area” is no longer required and (Sec. 307(a), Federal Aviation Act of 1958, Creek, Mich., transition area. will be deleted from the final rule. as amended (72 Stat. 749; 49 U.S.C. 1348)) [F.R. Doc. 67-7268; Filed, June 27, 1967; Since this change is less restrictive in Issued in Los Angeles, Calif., on June 8:47 a.m.} nature and imposes no additional burden 16,1967. on any person, further notice and public t.fte E. W arren, procedure hereon are unnecessary. Acting Director, Western Region. (Airspace Docket No. 67-CE-39] In consideration of the foregoing, Part [F.R. Doc. 67-7271; FUed, June 27, 1967; PART 71— DESIGNATION OF FEDERAL 71 of the Federal Aviation Regulations is amended, effective 0001 e.s.t., August 17, 8:47 a.m.] AIRWAYS, CONTROLLED AIRSPACE, 1967, as hereinafter set forth: AND REPORTING POINTS In §71.181 (32 F.R. 2148), the Co­ [Airspace Docket No. 67-CE-27] Designation of Transition Area lumbia, Mo., transition area is amended to read: PART 71— DESIGNATION OF FEDERAL On page 5293 of the F ederal R egister Co lu m b ia, M o. AIRWAYS, CONTROLLED AIRSPACE, dated March 29, 1967, the Federal Avia­ That airspace extending upward from 700 AND REPORTING POINTS tion Administration published a notice feet above the surface bounded on the north of proposed rule making which would by latitude 39°09'00" N., on the west by Alteration and Designation of amend section 71.181 of Part 71 of the longitude 92°31'00" W., on the south by Transition Areas Federal Aviation Regulations so as to latitude 38° 53'30'' N., on the east by longi­ tude 92°14'00" W., and within 2 miles each On pages 4430 and 4431 of the F ederal designate a transition area at Marshall, R egister dated M arch 23,1967, the Fed­ Mich. side of the Columbia VOR 176° radial extend­ ing from the VOR to 13 miles south of the eral Aviation Administration published Interested persons were given 45 days VOR; and that airspace extending upward a notice of proposed rule making which to submit written comments, suggestions, from 1,200 feet above the surface bounded would amend § 71.181 of Part 71 of the or objections regarding the proposed by a line beginning at latitude 38° 38'40" amendment. N., longitude 92°31'00" W., thence north Federal Aviation Regulations so as to

FÉDÉRAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9157 alter the transition area at Saginaw, Regulations by designating a control F ederal R egister (32 F.R. 5425) stating Mich., and designate a transition area zone and altering the transition area at that the Federal Aviation Agency was at Midland, Mich. Appleton, Wis. considering an amendment to Part 71 Interested persons were given 45 days Interested persons were given 45 days of the Federal Aviation Regulations that to submit written comments, suggestions, to submit written comments, suggestions, would designate a south alternate seg­ or objections regarding the proposed or objections regarding the proposed ment to VOR Federal airway No. 116 amendments. amendment. The one comment received from Naperville, 111., to Keeler, Mich., No objections have been received and was from the Air Transport Association via the intersection of the Naperville the amendments as so proposed are which offered no objection to the pro­ 089° T (087° M ) and Keeler 234° T hereby adopted, subject to the following posal, but they wanted to be advised as (234° M ) radials. changes: to whom Air Wisconsin, Inc., would dis­ Interested persons were afforded an (1) The Jack Barstow Airport coordi­ seminate weather information for Apple- opportunity to participate in the pro­ nates recited in the Midland, Mich., tran­ ton. Air Wisconsin, Inc., will forward posed rule making through submission sition area designation . .as “latitude weather reports to the Green Bay, Wis., of comments. All comments received 43°39'45" N., longitude 84°15'45" W.” Flight Service Station via interphone for were favorable. are changed to read “latitude 43°39'40" dissemination. Initially, weather report­ In consideration of the foregoing, N., longitude 84°15'40" W.” ing for Appleton will be provided during Part 71 of the Federal Aviation Regula­ (2) The Tri-City Airport coordinates the following local times: Monday tions is amended, effective 0001 e.s.t., recited in the Saginaw, Mich., transition through Thursday, 0600 to 2230 hours; August 17, 1967, as hereinafter set forth. Friday, 0700 to 2230 hours; Saturday, area redesignation as “latitude 43°31' In § 71.123 (32 F.R. 2009) V-116 is 54" N., longitude 84°04'54" W.” are 0700 to 1800 hours; and Sunday, 0900 to amended by deleting “ 12 AGL Keeler, changed to read “latitude 43°31'55" N., 2230 hours. The proposed amendment is Mich.;” and substituting “ 12 AGL longitude 84°04'50" W.” hereby adopted without change and is Keeler, Mich., including a 12 AGL south set forth below. These amendments shall be effective alternate via IN T Naperville 089° and 0001 e.s.t., August 17, 1967. Effective date. This amendment shall Keeler 234° radials;” therefor. be effective 0001 e.s.t., August 17, 1967. (Sec. 307(a), Federal Aviaition Act of 1958 (Sec. 307(a), Federal Aviation Act of 1958; (49 U.S.C. 1348) ) (Sec. 307(a), Federal Aviation Act of 1958 49 U.S.C. 1348) (49 U.S.C. 1348) ) Issued in Kansas City, Mo., on June Issued in Washington, D.C., on June 13,1967. Issued in Kansas City, Mo., on May 24, 16,1967. A l a n H . G lass, 1967. J. F. B ir o n , Acting Director, Central Region. D a n ie l E. B a r r o w , Acting Director, Central Region. Acting Chief, Airspace and Air (1) Designate the Midland, Mich., Traffic Rules Division. transition area as that airspace extend­ (1) Designate a control zone at Apple- ing upward from 700 feet above the sur­ ton, Wis., to comprise that airspace with­ [F.R. Doc. 67-7274; Filed, June 27, 1967; face within a 5-mile radius Of Midland, in a 5-mile radius of Outagamie County 8i47 a.m.] Mich., Jack Barstow Airport (latitude Airport (latitude 44°15'40" N., longitude 43°39'40" N., longitude 84°15'40" W .). 88°31'10" W.) ; within 2 miles each side [Airspace Docket No. 67-SW-13] (2) Redesignate the Saginaw, Mich., of the 135° bearing from Outagamie transition area as that airspace extend­ County Airport, extending from the 5- PART 71— DESIGNATION OF FEDERAL ing upward from 1,200 feet above the mile radius zone to 7 miles southeast of AIRWAYS, CONTROLLED AIRSPACE, surface within an area bounded by a line the airport; and within 2 miles each side AND REPORTING POINTS beginning at latitude 43°16'00" N., longi­ of the 285° bearing from Outagamie tude 83°30'00" W., W along latitude County Airport, extending from the 5- Designation of Transition Area 43°16'00" N., to and N along longitude mile radius zone to 8 miles west of the 84°25'00" W., to and NW along a, line airport. This control ^ n e is effective • The purpose of this amendment to 10 miles SW of and parallel to the Sagi­ during the specific dates and times estab­ Part 71 of the Federal Aviation Regu­ naw, Mich., VORTAC 317° radial, to and lished in advance by a notice to airmen. lations is to designate the Rockport, clockwise along the arc of a 31-mile The effective date and time will there­ Tex., transition area. radius circle centered on the Saginaw after be continuously published in the On April 1, 1967, a notice of proposed VORTAC, to and S along a line 5 miles Airman’s Information Manual. rule making was published in the E of and parallel to the Saginaw (2) Redesignate the Appleton, Wis., F ederal R egister (32 F.R. 5472) stating VORTAC 013° radial, to and clockwise transition area as that airspace extend­ the Federal Aviation Administration along the arc of a 14-mile radius circle ing upward from 700 feet above the proposed to designate the Rockport, centered on the Tri-City Airport (lati­ surface within a 6-mile radius of Outa­ Tex., transition area. tude 43°31'55" N., longitude 84°04'50" gamie County Airport (latitude 44*15' Interested persons were afforded an W.), to and E along the N boundary of 40" N., longitude 88°31'10" W.) ; within opportunity to participate in the rule V-216, to and S along longitude 83°30'- 2 miles each side of the 135* bearing making through submission of com­ 00" W. to the point of beginning, and from Outagamie County Airport, extend­ ments. All comments received were within 10 miles SW and 7 miles NE of ing from the 6-mile radius area to 15 favorable. the Saginaw VORTAC 317° radial, ex­ miles southeast of the airport; and with­ In consideration of the foregoing, Part tending from the 31-mile radius area to in 2 miles each side of the 285° bearing 71 of the Federal Aviation Regulations 37 miles NW of the VORTAC. from Outagamie County Airport, extend­ is amended, effective 0001 e.s.t., Au­ [PR. Doc. 67-7272; Filed, June 27, 1967; ing from the 6-mile radius area to 8 gust 17, 1967, as herein set forth. 8:47 a.m.] miles west of the airport. In § 71.181 (32 F.R. 2148) the Rock­ [F.R. Doc. 67-7273; Filed, June 27, 1967; port, Tex., transition area is designated 8:47 ajn.] as follows:’ [Airspace Docket No. 67-CE-36] R ockport, T ex. PART 71-— DESIGNATION OF FEDERAL [Airspace Docket No. 67-CE-16] AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 700 feet above the surface within a 5-mile radius AND REPORTING POINTS PART 71— DESIGNATION OF FEDERAL of Aransas County Airport (latitude 28°- AIRWAYS, CONTROLLED AIRSPACE, 05'14" N., longitude 97°02'30" W .), and Designation of Control Zone and AND REPORTING POINTS within 2 miles each side of the 314s bearing Alteration of Transition Area from the Rockport RBN (latitude 28°05'30" Designation of Federal Airway N., longitude 97°02'40" W .), extending from On March 29, 1967, a notice of pro­ Segment the 5-mile radius area to 8 miles northwest posed rule making was published in the of the RBN; federal R egister (32 F.R. 5292) to On March 31, 1967, a notice of pro­ (Sec. 307(a), Federal Aviation Act of 1958 amend Part 71 of the Federal Aviation posed rule making was published in the (49 U.S.C. 1348)

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I----3 9158 RULES AND REGULATIONS

Issued In Port Worth, Tex., on I t is ordered, That respondents Mar- Labeling Act; § 13.1212 Formal regula­ June 15, 1967. Cal Sportswear of California, Inc., a cor­ tory and statutory requirements: A. L. C o u l t e r , poration, trading as di Vinci, or any 13.1212-80 Textile Fiber Products Iden­ Acting Director, Southwest Region. other trade name, and its officers, and tification Act; 13.1212-90 Wool Products [F.R. Doc. 67-7275; Filed, June 27, 1967; Joseph A. Capitano, individually and as Labeling Act. Subpart—Neglecting, un­ 8:47 a.m.] an officer of said corporation, and re­ fairly or deceptively, to make material spondents’ representatives, agents, and disclosure: § 13.1852 Formal regulatory employees, directly or through any cor­ and statutory requirements: 13.1852-70 porate or other device, in connection Textile Fiber Products Identification Title 16— COMMERCIAL with the introduction, or manufacture Act; 13.1852-80 Wool Products Labeling for introduction into commerce, or the Act. PRACTICES offering for sale, sale, transportation, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret distribution, delivery for shipment or or apply sec. 5, 38 Stat. 719, as amended; Chapter I— Federal Trade shipment, in commerce, of wool prod­ secs. 2-5, 54 Stat. 1128-1130, 72 Stat. 1717; Commission ucts, as “commerce” and “wool product” 15 U.S.C. 45, 68, 70) [Cease and desist order, are defined in the Wool Products Label­ QuUted Textiles Corp., Inc., et al., Rossvllle, SUBCHAPTER A— PROCEDURES AND RULES OF ing Act of 1939, do forthwith cease and Ga., Docket C-1213, June 8, 1967] PRACTICE desist from misbranding such products In the Matter of Quilted Textiles Corp., PART 3— RULES OF PRACTICE FOR by: Inc., a Corporation, and Glenn H. ADJUDICATIVE PROCEEDINGS 1. Falsely and deceptively stamping, Plumlee, Individually and as an Offi­ tagging, labeling, or otherwise identify­ cer of the Aforesaid Corporation Depositions ing such products as to the character or Consent order requiring a Rossville, Correction amount of the constituent fibers con­ tained therein. Ga., manufacturer of wool and textile The document revising Part 3 of Chap­ 2. Failing to securely affix to, or place products, including quilted fabrics and ter I of Title 16 of the Code of Federal on, each such product a stamp, tag, label, batting, to cease misbranding and falsely Regulations, published in the F ederal or other means of identification showing guaranteeing its wool and textile fiber products, and failing to keep required R egister on June 13, 1967, at 32 F.R. in a clear and conspicuous manner each 8444, is'corrected by changing the refer­ element of information required to be records. ence in 13.33(f)(1), appearing on thé disclosed by section 4(a) (2) of the The order to cease and desist, includ­ ing further order requiring report of last line of the third column, from Wool Products Labeling Act of 1939. I t is further ordered, That respond­ compliance therewith, is as follows: “ § 3.44(c)” to “ 0 3.44(b)”. ents Mar-Cal Sportswear of California, It is ordered, That respondents Quilted [ s e a l ] J o s e ph W . S h e a , Inc., a corporation, trading as di Vinci, Textiles Corp., Inc., a corporation, and Secretary. and. its officers, and Joseph A. Capitano, its officers, and Glenn H. Plumlee, indi­ [F.R. Doc. 67-7199; Filed, June 27, 1967; individually and as an officer of said vidually and as an officer of said cor­ 8:45 a.m.] corporation, and respondents’ repre­ poration, and respondents’ representa­ sentatives, agents, and employees, di­ tives, agents, and employees, directly rectly or through any corporate or other or through any corporate or other device, [Docket No. C-1212] device, do forthwith cease and desist in connection with- the introduction, or PART 13— PROHIBITED TRADE from furnishing a false guaranty that manufacture for introduction, into com­ PRACTICES any wool product is not falsely or de­ merce, or the offering for sale, sale trans­ ceptively stamped, tagged, labeled, or portation, distribution, delivery for ship­ Mar-Cal Sportswear of California, otherwise identified when respondents ment, or shipment, in commerce, of wool Inc., et al. have reason to believe that such wool products, as “ commerce” and “wool product may be introduced, sold, trans­ product” are defined in the Wool Prod­ Subpart—Furnishing false guaran­ ported, or distributed in commerce. . ucts Labeling Act of 1939, do forthwith ties: § 13.1053 Furnishing false guaran­ I t is \further ordered, That the re­ cease and desist from misbranding such ties: 13.1053-90 Wool Products Labeling products by: Act. Subpart—Misbranding or mislabel­ spondents herein shall, within 60 days after service upon them of this order, 1. Falsely and deceptively stamping, ing: § 13.1185 Composition: 13.1185-90 tagging, labeling, or otherwise identify­ Wool Products Labeling Act; § 13.1212 file with the Commission a report in writing setting forth in detail the man­ ing such products as to the character Formal regulatory and statutory require­ or amount of the constituent fibers con­ ments: 13.1212-90 Wool Products Label­ ner and form in which they have com­ plied with this order. tained therein. * ing Act. Subpart—Neglecting, unfairly or 2. Failing to securely affix to, or place deceptively, to make material disclosure: Issued: June 6,1967. on, each such product a stamp, tag, label, § 13.1852 Formal regulatory and statu­ By the Commission. or other means of identification showing tory requirements:, 13.1852-80 Wool in a clear and conspicuous manner each Products Labeling Act. [ s e a l ] J o s e ph W. S h e a , Secretary. element of information required to be (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Or disclosed by section 4(a) (2) of the Wool apply sec. 5, 38 Stat. 719, as amended; secs. [F R . Doc. 67-7296; Filed, June 27, 1967; Products Labeling Act of 1939. 2-5, 54 -Stat. 1128-1130; 15 U.S.C. 45, 68) 8:49 am .] [Cease and desist order, Mar-Cal Sportswear I t is further ordered, T h at Quilted of California, Inc., et al., Los Angeles, Calif., Textiles Corp., Inc., and its officers, and Docket C-1212, June 6, 1967] [Docket No. 0-1213] Glenn H. Plumlee, individually and as an office# of said corporation, and re­ In the Matter of Mar-Cal Sportswear of PART 13— PROHIBITED TRADE spondents’ representatives, agents and California, Inc., a Corporation, Trad­ PRACTICES employees, directly or through any cor­ ing as Di Vinci, and Joseph A. Capi- Quilted Textiles Corp., Inc., and porate or other device, do forthwith cease tano, Individually and as an Officer of and desist from furnishing a false Said Corporation Glenn H. Plumlee guaranty that any wool product is not Consent order requiring a Los Angeles, Subpart—Furnishing false guaranties: misbranded, under the Wool Products Calif., clothing manufacturer to cease § 13.1053 Furnishing false guaranties: Labeling Act of 1939, and the rules and misbranding its wool products, and fur­ 13.1053-80 Textile Fiber Products Iden­ regulations promulgated thereunder, nishing false guaranties in violation of tification Act; 13.1053-90 Wool Products 4-Vk I n i__+Viot. nnV the Wool Products Labeling Act. Labeling Act. Subpart—Misbranding or wool product so guaranteed may be in­ The order to cease and desist, including mislabeling: § 13.1185 Composition: further order requiring report of com­ 13.1185-80 Textile Fiber Products Iden­ troduced, sold, transported, or distributed pliance therewith, is as follows: tification Act; 13.1185-90 Wool Products in commerce.

FEDERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9159

It is further ordered, That respondents hearing. A hearing will be granted if the Quilted Textiles Corp., Inc., a corpora­ Title 21— FOOD AND DRUGS objections are supported by grounds tion, and its officers, and Glenn H. Plum- legally sufficient to justify the relief lee, individually and as an officer of said Chapter I— Food and Drug Adminis­ sought. Objections may be accompanied corporation, and respondents’ represent­ tration, Department of Health, Edu­ by a memorandum or brief in support atives, agents and employees, directly or cation, and Welfare thereof. through any corporate or other device, in SUBCHAPTER B— FOOD AND FOOD PRODUCTS Effective date. This order shall become connection with the introduction, de­ effective on the date of its publication livery for introduction, manufacture for PART 120— TOLERANCES AND EX­ in the F ederal R e g ister . introduction, sale, advertising, or offering EMPTIONS FROM TOLERANCES FOR (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346a(e) ) for sale, in commerce, or the transporta­ PESTICIDE CHEMICALS IN OR ON tion or causing to be transported in Dated : June 22,1967. commerce, or the importation into the RAW AGRICULTURAL COMMODI­ United States, of any textile fiber prod­ TIES J. K . K ir k , Associate Commissioner uct; or in connection with the sale, o-Phenylpheno! and Its Sodium Salt offering for sale, advertising, delivery, for Compliance. transportation, or causing to be trans­ No comments were received in response [F.R. Doc. 67-7302; Filed, June 27, 1967; ported, of any textile fiber product which to the notice published in the F ederal 8:50 a.m.] has been advertised or offered for sale in R eg ister of May 2, 1967 (32 F.R. 6702), commerce; or in connection with the proposing that the established tolerances sale, offering for sale, advertising, de­ permitting use only of the fungicide PART 121— FOOD ADDITIVES livery, transportation, or causing to be sodium o-phenylphenate in or on certain Subpart D— Food Additives Permitted fruits and vegetables be modified to in­ transported, after shipment in com­ in Food for Human Consumption merce, of any textile fiber product, clude residues from direct application of whether in its original state or con­ o-phenylphenol. No requests were re­ M e t h y l A l c o h o l R e s id u e s tained in other textile fiber products, ceived to refer the proposal to an advis­ ory committee. The Commissioner of Food and Drugs, as the terms “ commerce” and “ textile having evaluated the data in a petition fiber product” are defined in the Textile The Commissioner of Food and Drugs (FAP 6A2038) filed by Hopcon, Inc., 274 Fiber Products Identification Act, do has concluded that the proposed amend­ Madison Avenue, New York, N.Y. 10016, forthwith cease and desist from : ments should be adopted without change. and other relevant material, has con­ A. Misbranding textile fiber products Therefore, by virtue of the authority cluded that the food additive regulations by: vested in the Secretary of Health, Edu­ should be amended to provide for the 1. Falsely or deceptively stamping, cation, and Welfare by the Federal Food, safe use of methyl alcohol as a solvent tagging, labeling, invoicing, advertising, Drug, and Cosmetic Act (sec. 408(e), 68 in the extraction of hops for use in beer or otherwise identifying such products Stat. 514; 21 U.S.C. 346a(e)) and dele­ production. Therefore, pursuant to the as to the name or amount of constituent gated by him to the Commissioner (21 fibers contained therein. provisions of the Federal Food, Drug, CFR 2.120), § 120.129 is amended by re­ and Cosmetic Act (sec. 409(c)(1), 72 2. Failing to affix a stamp, tag, label, vising the introduction to the section and Stat. 1786; 21 U.S.C. 348(c) (1)) and un­ or other means of identification to each by consolidating the two paragraphs be­ der the authority delegated to the Com­ such product showing in a clear, legible ginning “ 20 parts per million * * *” and missioner by the Secretary of Health, and conspicuous manner each element the two paragraphs beginning “ 10 parts Education, and Welfare (21 CFR 2.120), of information required to be disclosed per million * * *” into a single para­ § 121.1044 is revised to read as follows: by section 4(b) of the Textile Fiber Prod­ graph each, as follows: ucts Identification Act. § 121.1044 Methyl alcohol residues. B. Failing to maintain and preserve § 120.129 o-Phenylphenol and its so­ dium salt; tolerances for residues. Methyl alcohol may be present in the proper records showing the fiber content following foods under the conditions of the textile fiber products manufac­ Tolerances are established for residues specified: tured by said respondents, as required of the fungicides o-phenylphenol and by section 6 of the Textile Fiber Prod­ sodium o-phenylphenate, each ex­ (a) In spice oleoresins as a residue ucts Identification Act and Rule 39 of pressed as o-phenylphenol, from post­ from the extraction of spice, at a level not to exceed 50 parts per million. the regulations promulgated thereunder. harvest application of either, as follows: It is further ordered, That respondents (b) In hops extract as a residue from ^ * ■ * * * * the extraction of hops, at a level not to Quilted Textiles Corp., Inc., a corpora­ 20 parts per million in or on carrots, tion, and its officers, and Glenn H. Plum- exceed 250 parts per million; provided peaches, plums (fresh prunes). that: lee, individually and as an officer of said (1) The hops extract is added to the corporation, and respondents’ represent­ * * * * * atives, agents and employees, directly 10 parts per million in or on citrus wort before or during cooking in the or through any corporate or other de­ citron, cucumbers, grapefruit, kumquats, manufacture of beer. vice, do forthwith cease and desist from lemons, limes, oranges, peppers (bell), (2) The label of the hops extract furnishing a false guaranty that any pineapples, tangelos, tangerines, toma­ specifies the presence of methyl alcohol textile fiber product is not misbranded toes. and provides for the use of the hops ex­ or falsely invoiced under the provisions tract only as prescribed by subpara­ ***** graph (1) of this paragraph. of the Textile Fiber Products Identifi­ Any person who will be adversely af­ cation Act. fected by the foregoing order may at any Any person who will be adversely af­ fected by the foregoing order may at any It is further ordered, That the re­ time within 30 days from the date of its spondents herein shall, within 60 days time within 30 days from the date of its publication in the F ederal R egister file after service upon them of this order, with the Hearing Clerk, Department, of publication in the F ederal R egister file with the Hearing Clerk, Department of hie with the Commission a report in writ- Health, Education, and Welfare, Room Health, Education, and Welfare, Room uig setting forth in detail the manner and 5440, 330 Independence Avenue SW., îorm in which they have complied with 5440, 330 Independence Avenue SW., this order. Washington, D.C. 20201, written objec­ Washington, D.C. 20201, written objec­ tions thereto, preferably in quintupli- tions thereto, preferably in quintuplicate. cate. Objections shall show wherein the Issued: June 8, 1967. Objections shall show wherein the per­ By the Commission. person filing will be adversely affected son filing will be adversely affected by by the order and specify with particular­ the order and specify with particularity ^SEAL1 J o s e ph W . S h e a , ity the provisions of the order deemed the provisions of the order deemed ob­ Secretary. objectionable and the grounds for the jectionable and the grounds for the [FR. Doc. 67-7250; Piled, June 27, 1967; objections. I f a hearing is requested, the objections. I f a hearing is requested, the 8:45 a.m.] objections must state the issues for the objections must state the issues for the

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9160 RULES AND REGULATIONS hearing. A hearing will be granted if the the order and specify with particularity Au t h o r it y : The provisions of this Part 5 objections are supported by grounds the provisions of the order deemed ob­ issued under sec. 4, Act of May 26, 1949, 63 jectionable and the grounds for the ob­ Stat. I ll, as amended, 22 U.S.C. 2658; Act of legally sufficient to justify the relief August 31, 1951, 65 Stat. 290, 31 U.S.C. 483a; sought. Objections may be accompanied jections. I f a hearing is requested, the Executive Order 10501 of November 10, 1953, by a memorandum or briqf in support objections must state the issues for the as amended; 5 U.S.C. 552(a). thereof. hearing. A hearing will be granted i f the objections are supported by grounds § 5.1 Introduction. Effective date. This order shall become legally sufficient to justify the relief effective on the date of its publication The sections in this Part 5 are issued sought. Objections may be accompanied pursuant to section 3 of the Administra­ in the F ederal R egister. by a memorandum or brief in support tive Procedure Act, 5 U.S.C. 552(a), effec­ (Sec. 40 9(c)(1), 72 Stat. 1786; 21 U.S.C. thereof. tive July 4, 1967. 3 4 8 (c)(1 )) Effective date. This order shall be­ § 5.2 Central and field organization, es­ Dated: June 21, 1967. come effective on the date of its publica­ tablished places at which, the officers J. K . K ir k , tion in the F ederal R e g ister . from whom, and the methods where­ Associate Commissioner (Sec. 40 9(c)(1), 72 Stat. 1786; 21 U.S.C. 348 by the public may secure informa­ for Compliance. ( c ) (1 ) ) tion, make submittals, or request, or obtain decisions; and statements of [F.R. Doc. 67-7304; Filed, June 27, 1967; Dated: June 22,1967. the general course and method by 8:50 a.m.] J. K . K ir k , which its functions are channeled and Associate Commissioner determined. PART 121— FOOD ADDITIVES for Compliance. (a) The following statements of the central and field organization of the De­ Subparf F— Food Additives Resulting [F.R. Doc. 67-7303; Filed, June 27, 1967; 8:50 a.m.] partment of State and of the Foreign From Contact With Containers or Service are hereby prescribed: Equipment an d Food Additives (1) The central organization of the Otherwise Affecting Food PART 121— FOOD ADDITIVES Department of State was issued as Public Notice No. 267, 32 F.R. 8923, June 22, A d h e sive s Subpart C— Food Additives Permitted 1967. The Commissioner of Food and Drugs, in the Feed and Drinking Water of Animals or for the Treatment of (2) The foreign field organization of having evaluated the data in a petition the Foreign Service was issued as Public (FAP 7B2134) filed by E. I. du Pont de Food-Producing Animals Notice No. 254, 32 F.R. 3712, March 3, Nemours & Co., Inc., Wilmington, Del. 1967. 19898, and other relevant material, has Verxite; Correction concluded that the food additive regula­ (3) The domestic field organization of In F.R. Doc. 67-7110, appearing at the Department of State was issued as tions should be amended to provide for page 8962 of the issue for Friday, the use of azelaic acid as a comonomer Public Notice No. 268, 32 F.R. 8925, June June 23, 1967, the closing phrase of 22, 1967. in polyester resins used in food-pack­ § 121.222 should read “ in juxtaposition aging adhesives. Therefore, pursuant to therewith.” instead of “in juxtaposition (b) Any person desiring information concerning a matter handled by the De­ the provisions of the Federal Food, connection with this docketed proceed­ Drug, and Cosmetic Act (sec. 409(c)(1), partment of State or the Foreign Service, 72 Stat. 1786; 21 U.S.C. 348(e)(1)) and ing” . or any person desiring to make a submit­ under the authority delegated to the tal or request in connection with such a Commissioner by the Secretary of matter, should communicate either orally Health, Education, and Welfare (21 or in writing with the appropriate office. CFR 2.120), § 121.2520(c) (5) is amended Title 22— FOREIGN RELATIONS I f the office receiving the communication by alphabetically inserting in the list of Chapter I— Department of State does not have jurisdiction to handle the substances a new acid under the item matter, the communication, if written, “Polyester resins (including alkyd SUBCHAPTER A— GENERAL will be forwarded to the proper office, or, type) * * as follows: [Dept. Reg. 108.562] if oral, the person will be advised how to proceed. When the submittal or request § 121.2520 Adhesives. PART 5— ORGANIZATION consists of a formal application for one • * * * * PART 6— AVAILABILITY OF REC­ of the documents, privileges, or other (c) * * * ORDS OF THE DEPARTMENT OF benefits provided for in the laws admin­ istered by the Department of State, or (5) * * * STATE Co m po nen ts op Adhesives in the regulations implementing these Substances limitations Parts 5 and 6 are added to Title 22 laws, the instructions on the form as to • • * * * * of the Code of Federal Regulations to preparation and place of submission Polyester resins (including alkyd read as set forth below. should be followed. In such cases, the type), as the basic polymer, Sec. formed as esters when one or provisions of this part referring to the more of the following acids 5.1 Introduction. particular regulation concerned should 5.2 Central and field organization, estab­ are made to react with one be consulted. or more of the following lished places at which, the officers alcohols: from whom, and the methods where­ § 5.3 Rules of procedure, description of by the public n&ay secure information, Acids: forms available or the places at which Azelaic acid------make submittals, or request, or obtain forms may be obtained, and instruc­ decisions; and statements of the • * * * * * tions as to the scope and content of general course and method by which • all papers, reports, or Any person who will be adversely af­ its functions are channeled and examinations. fected by the foregoing order may at any determined. Rules of procedure regarding the fol- time within 30 days from the date of its 5.3 Rules of procedure, description of forms available or the places at which iowing listed matters may be consulted publication in the F ederal R egister file under the corresponding regulations with the Hearing Clerk, Department of forms may be obtained, and instruc­ tions as to the scope and content of referenced in § 5.4, or obtained upon ap­ Health, Education, and Welfare, Room all papers, reports, or examinations. 5440, 330 Independence Avenue SW., 5.4 Substantive rules of general applicabil­ plication to the offices listed below. Forms Washington, D.C. 20201, written objec­ ity adopted as authorized by law, and pertaining to the following listed mat­ tions thereto, preferably in quintuplicate. statements of general policy or inter­ ters, and instructions relating thereto pretation of general applicability may also be obtained at the offices in­ Objections shall show wherein the per­ formulated and adopted by the son filing will be adversely affected by agency. dicated below.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9161

records required by Executive Order Subject Matter Office Address 10501, as amended, to be kept secret in the interests of national defense or for­ Appointment of Foreign Service Offi­ Board of Examiners for the State Department, Annex 14, 80119th eign policy. Disclosure of records in this cers. ' ■ , _, Foreign Service. St. NW., Washington, D.C. 20520. Authentication and other services------Records Services Division_____ State Department, Room 1237, 2201 C category will be made to the public only St. NW., Washington, D.C. 20520, in the manner established by § 6.9. State Department, Annex 2, 515 22d St. NW., Washington, D.C. 20520. (b) Records related solely to internal Nationality and passports...... Passport Office______State Department; Room 2817, E St. personnel rules and practices. Included entrance, Washington, D.C. 20520. in this category are internal rules and Protection and welfare of citizens, Office of Special Consular Serv­ State Department, Annex 9, Sherman shipping and seamen, other consular ices. Bldg., 1101 15th St. NW., Washing­ practices relating to management opera­ ■ services abroad. ton, D.C. 20520. tions which cannot be disclosed to the International traffic in arms...... -...... Office of Munitions Control___ State Department. 2201 C St. NW., Washington, D.C. 20520. public without substantial prejudice to Claims and stolen property...------Legal Adviser______State Department. 2201 C St. NW., the effective performance of a significant Washington, D.C. 20520. International Educational and Cultur­ Bureau of Educational and Cul­ State Department, 2201 C St. N.W, function of the Department of State. al Exchange. tural Affairs. Washington, D.C. 20520. (c) Records specifically exempted from disclosure by statute. Included in § 5.4 Substantíve rules o f general appli­ Sec. this category are records relating to the cability adopted as authorized by law, 6.9 Access to classified foreign policy officers and employees of the Foreign and statements o f general policy or records for nonofflcial research pur­ Service, including efficiency records interpretation o f general applicability poses. (sec. 612 of the Foreign Service Act formulated and adopted by the A u t h o r it y : The provisions of this Part 6 of 1946, as amended, 22 U.S.C. 986), and agency. issued under sec. 4, Act of May 26, 1949, 63 the records of the Department of State Stat. I l l , as amended, 22 U.S.C. 2658; Act of (a) The regulations of the Depart­ or of diplomatic and consular officers of Aug. 31, 1951, 65 Stat. 290, 31 U.S.C. 483a; the United States pertaining to the is­ ment of State required to be published Executive Order 10501 of Nov. 10, 1953, as under the provisions of the Administra­ amended; 5 U.S.C. 552(a). suance or refusal of visas or permits to tive Procedure Act are found in the Code enter the United States (sec. 222(f) of § 6.1 Definitions. of Federal Regulations and the F ederal the Immigration and Nationality Act, 8 R egister. Any person desiring informa­ As used in this part, the following U.S.C. 1202(f)). tion with respect to a particular pro­ definitions shall apply: (d) Information given in confidence. cedure should examine the pertinent (a) The term “ identifiable” means, Included in this category are records regulation cited hereafter. in the context of a request for a record, a reflecting commercial and financial in­ (b) The following are citations to reasonably specific description of the formation, as well as other information, regulations within the scope of this particular record sought, such as date, obtained from any person and custom­ section: format, and subject-matter, which will arily regarded as privileged and confi­ dential by the person from whom they (1) Acceptance of Gifts and Decorations permit its location. (b) The term “record” includes all were obtained. from Foreign Governments. 22 CFR 3 et seq. (e) Interagency or intra-agency (2) Employee Responsibility and Conduct. books, papers, maps, photographs, or 22 CFR 10 et seq. other documentary material, or copies memoranda or letters. Included in this (3) Appointment of Foreign Service Of­ thereof, regardless of physical form or category are records such as interagency ficers. 22 CFR 11 et seq. characteristics, made in or received by communications and internal drafts, (4) Fees for Services in the United States. the Department of State and the Foreign memoranda between officials and agen­ 22 CFR 21 et seq. Service, and preserved as evidence of its cies, opinions and interpretations pre­ (5) Claims and Stolen Property. 22 CFR organization, functions, policies, deci­ pared by staff or consultants; records of 31 et seq. the deliberations of staff personnel; and (6) Issuance of Visas. 22 CFR 41-42 et seq. sions, procedures, operations or other activities. records whose premature disclosure (7) Nationality and Passports. 22 CFR 50 would interfere with the achievement of et seq. § 6.2 Availability o f records. (8) International Education and Cultural the purpose for which they were being Exchanges. 22 CFR 61 et seq. All identifiable records of the Depart­ prepared. (9) Protection and Welfare of Americans ment of State shall be made available to (f ) Personnel, medical, and other files. Abroad. 22 CFR 71 et seq. the public upon compliance with the pro­ Included in this category are personnel (10) Shipping and Seamen Abroad. 22 CFR cedures established in this part, except and medical files and other files contain­ 81 et seq. to the extent a record is determined by ing private or personnel information ( 11) Other Consular Services Abroad. which, if disclosed to the public, would 22 CFR 91 et seq. the Deputy Legal Adviser for Adminis­ (12) Economic, Commercial and Civil Air tration to be exempt from disclosure. amount to a clearly unwarranted inva­ Functions Abroad. 22 CFR 101 et seq. sion of the privacy of any person to whom § 6.3 Availability o f statements o f policy, the information pertains. (13) International Traffic in Arms. 22 interpretations, m a n u a ls , instruc­ CFR 121 eit seq. (g) Investigatory files. Included in this tions. (14) Certificates of Authentication. 22 category are files compiled for the en­ CFR 131 et seq. Statements of policy, interpretations, forcement of all laws, or prepared in con­ (15) Civil Rights. 22 CFR 141 et seq. administrative manuals (or portions nection with Government litigation and (16) Department o í State Procurement. thereof), opinions, orders, and instruc­ 41 CFR 6-1 et seq. adjudicative proceedings, except for tions to staff which affect any member those portions of such files which are by (c) These regulations are supple­ of the public will be made available to law available to persons in litigation with mented from time to time by amend­ the public for inspection and copying in the Department, in which case such por­ ments appearing initially in the F ederal the public reading room, except to the tions will be made available to such R egister. extent they are determined by the Dep­ litigants. uty Legal Adviser to be exempt from §6.5 Authority to release and certify, Sec. disclosure. or to withhold records. 6.1 Definitions. § 6.4 Records which . may be exempt 6.2 Availability of records. (a) Except as provided in § 6.9, au­ from disclosure. 6.3 Availability of statements of policy thority is hereby delegated to the Chief, interpretations, manuals, instructions. The following categories are examples Records Services Division, to furnish 6-4 Records which may be exempt from of records maintained by the Depart­ copies of records to any person entitled disclosure. ment of State which may be exempted thereto pursuant to these regulations, 65 Authority to release and certify, or to withhold records. from disclosure: and upon request to provide certified 6 6 Public reading room. (a) Records required to be withheldcopies thereof in accordance with Part 6-7 Manner of requesting records. by Executive order or other authority, 131 of this chapter. 6-8 Schedule of fees and method of pay­ relating to national defense or foreign (b) A determination by the Deputy ment for services rendered. policy. Included in this category are Legal Adviser for Administration to deny

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9162 RULES AND REGULATIONS a request to make a record available is (6) For each signed statement of ers in advance of the publication of the final, and no appeal will be received by negative result of search for Department’s documentary series en­ the Department of State from such a record ______1.00 titled “Foreign Relations of the United determination. This determination shall (7) For each signed statement of nonavailability of record______(*) States.” The beginning date of the closed be in written form, clearly stating the 1 No fee. period will be advanced automatically as basis upon which the record has been the annual “Foreign Relations” volumes withheld. (b) When no specific fee has been es­ are released. Copies of identifiable un­ tablished for a service, or the request for § 6.6 Public reading room. classified foreign policy records of this a service does not fall under one of the period may be obtained in accordance A public reading room or area where above categories due to the amount or with the procedures set forth in the pre­ the records described in § 6.3 shall be size or type thereof, the Chief, Records ceding sections of this part. made available is located in the Depart­ Services Division is authorized to estab­ (2) Open period. The open period is ment of State, 2201 C Street NW., Wash­ lish an appropriate fee pursuant to the the period up to 30 years from the cur­ ington, D.C. The receptionist will refer criteria established in Bureau of the rent year. The foreign policy records of the applicant to the proper room. Pees Budget Circular No. A-25, entitled “User the Department for the open period are will not be charged for access by the Charges” . * in the National Archives and may be public to this room or the records con­ (c) When a request for identifiable consulted under regulations issued by the tained therein, but fees in accordance records is made by mail pursuant to National Archives. with § 6.8 will be charged for furnishing § 6.7(a), it should be accompanied by copies thereof. (3) Restricted period. The restricted remittance of the total fee chargeable, period is the period between the open § 6.7 Manner o f requesting records. as well as a self-addressed stamped en­ period and the closed period. Access to velope, if special mail services are (a) Identifiable records may be re­ foreign policy records in the restricted desired. period shall be confined to qualified re­ quested by the public in person from (d) Fees must be paid in full prior to 10 a.m. to 4 p.m., Department of State, searchers demonstrating a scholarly or issuance of requested copies. If uncer­ professional need for the information 2201 C Street NW., Washington, D.C., tainty as to the existence of a record, or where the receptionist will refer the ap­ contained in such records. Access to as to the number of sheets to be copied these records of the restricted period will plicant to the proper office for service or certified precludes remitting the ex­ and the necessary forms for making a be granted only to U.S. citizens. Copies act fee chargeable with the request, the of identifiable unclassified foreign policy request. Requests by mail should be ad­ Department of State will inform the in­ dressed to the Chief, Records Services records of this period may be obtained terested party of the exact amount in accordance with the procedures set Division, Department of State, Wash­ required. ington, D.C.20520. forth in the preceding sections of this (e) Remittances shall be in the form part. (b) In view of the decentralized nature either of a personal check or bank draft (c) Special restrictions on access to of the files of the Department of State drawn on a bank in the continental classified records in addition to the gen­ and the Foreign Service, it will generally United States; or postal money order; or eral restrictions listed in paragraph (b) not be possible to make the requested cash. Remittances shall be made pay­ of this section. (1) The use of classified records available immediately upon re­ able to the order of the Department of records or information therefrom is sub­ quest. Records will be made available as State. The Department will assume no ject to the Department’s Security Reg­ promptly as is reasonable under the par­ responsibility for cash which is lost in ulations. ticular circumstances involved. the mail. (2) Access to certain types of foreign (c) Original or record copies of rec­ (f ) A receipt for fees paid will be given policy records will not be given if their ords will not be permitted to leave the only upon request. Refund of fees paid publication, in whole or in part, would custody of the lawful custodian thereof. for services actually rendered will not be be contrary to the interests of national Copies, duly certified upon request, will made. defense or foreign policy, such as (i) be furnished in lieu thereof in accordance materials which might tend to prejudice with established fees. § 6.9 Access to classified foreign policy records for nonofficial research pur­ the conduct of foreign relations by the (d) Requests relating to records of any poses. U.S. Government; (ii) materials em­ other Federal agency copies of which are bodying opinions or comments which on file in the Department of State will (a) General policy. (1) The Depart­ might give needless offense to other na­ normally be referred to that agency for ment permits access to its classified for­ tions or individuals abroad; and (iii) consideration. eign policy records by individuals en­ materials which would violate the con­ (e) The burden of adequately identify­ gaged in private research as liberally as fidence reposed in the Department or in ing the record so requested lies with the possible, consistent with the national in­ the Foreign Service. requesting person. Such person may seek terest, the maintenance of friendly re­ (3) In general, foreign policy records appropriate assistance from the Chief, lations with other nations, the efficient originated by a foreign government or Records Services Division, or a member operation of the Department and the another agency of the U.S. Government of his staff, in identifying the record Foreign Service, and the administrative and not yet published or opened to access sought. feasibility of servicing requests for ac­ by that government or agency, will not cess to records. be made available to researchers without § 6.8 Schedule of fees and method of (2) Former incumbents of senior posi­the consent of the government or agency payment for services rendered. tions within the Department shall be concerned. (a) The following specific fees shallaccorded access to records relating to (d) Application for nonofficial access be applicable with respect to services their own activities, except in those cases to foreign policy records in the restricted rendered to members of the public un­ where the Secretary of State determines and closed periods— (1) Submission of der this part: that such access would not serve the na­ application. A written application for ac­ (1) Searching for records, per hour tional interest. Such persons enjoying cess to foreign policy records in the re­ or fraction thereof______$3. 50 access to sensitive materials may be re­ stricted and closed periods shall be sub­ (2) Other facilitative services and quired to submit their notes for clear­ mitted to the Director, Historical Office, index assistance— m inimum ance by the Department prior to the Department of State, Washington, D.C. charge, per hour or fraction publication of any manuscript prepared 20520. thereof ______3.50 as a result of such access. > (2) Information to be furnished in (3) Copies made by photostat or (b) Three periods with respect to ac­ application. The application shall con­ otherwise (per page)______.40 (4) Certification of each record as cess by nonofficial researchers to the for­ tain a description of the nature and a true copy ______.:______. 75 eign policy records of the Department— scope of the proposed study and the (5) Certification of each record as (1) Closed period. The foreign policy types of records required. Administra­ a true copy, under seal of records of the Department are in general tive considerations make it necessary D epartm ent______1.00 closed to access by nonofficial research­ for the researcher to confine his request

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9163 to records on specific topics. The appli­ tion of the Board; the places where, and tion, there are available in the public cant also shall provide data establishing methods whereby information may be reading room copies of the Subversive his citizenship, academic background and secured or submittals or requests made; Activities Control Act of 1950 and of the research experience. The application the general course and method by which various amendments thereof, a copy of shall be accompanied by appropriate ref­ the Board’s functions are channeled and Title 50 of the United States Code, and a erences or, preferably, by letters of determined; and, the procedures gov­ copy of this Title 28 of the Code of recommendation. erning the availability of the opinions, Federal Regulations. (3) Departmental action on the appli­orders, and records of the Board. § 202.4 Requests, generally. cation. The Director of the Historical § 202.2 Organization and functions. Office shall determine the nature and ex­ Requests for inspection or copying of tent of access to be granted, and any (a) The Board is an independent records may be made in person or by mail special restrictions to be placed on the agency composed of five members ap­ to the clerk of the Board. Those- visiting use of the information, and shall notify pointed by thè President and confirmed the Board in person should go to the the applicant whether access to the by the Senate for terms of 5 years. The Reception Room which is appropriately desired records can be granted. I f access Chairman of the Board is designated by marked. Telephone inquiries or requests is granted, the Director will then make the President. The Board is assisted by may be made by calling Washington, any necessary arrangements for the ap­ a staff which includes attorneys, clerks, D.C., number 382-6224 (Area Code 202). plicant to consult the records, subject to and stenographers. In addition, the Collect calls cannot be accepted. Written such conditions as may be agreed upon. Board uses hearing examiners appointed requests for information should be ad­ (e) Clearance of notes or materials in accordance with the provisions of 5 dressed to the Clerk, Subversive Activ­ resulting from nonofficial use of records U.S.C. 3105 to conduct hearings in as­ ities Control Board at the address given for research purposes. The researcher signed cases. The organization and func­ in § 202.3. Where a request is for mate­ who has been granted access to classified tions of the Board are prescribed in sec­ rials of which copies are not otherwise foreign policy records shall be required tions 12, 13 (c> and (d), and 16 of the available and reproductions must be to agree, in advance of his access to rec­ Subversive Activities Control Act of 1950, made or where a search is necessary to ords, to submit to the Director of the as amended. 64 Stat. 977, 68 Stat. 775, locate records, the person making the Historical Office for purpose of review, 50 U.S.C. 781 et seq. request must pay the costs thereof in all such notes or manuscripts as the (b) (1) The Board, on petition of the advance. The Board maintains a sched­ researcher may prepare from the records. Attorney General, conducts hearings and ule of current costs for reproductions and The Director of the Historical Office shall determines whether any organization is record searching, and copies of the sched­ review and then transmit the cleared a “ Communist-action organization” or a ule may be obtained on request. An addi­ notes or manuscripts to the researcher, “Communist-front organization” or a tional charge as set forth in the schedule deleting such items as the Department “ Communist-infiltrated organization” as is made for certified copies. may deem necessary to withhold. those terms are defined in the Subversive § 202.5 Generally available material. Dated: June 22,1967. Activities Control Act of 1950, as amended, and whether any individual is (a) Rules of procedure: The Board’s For the Secretary of State. a member of any Communist-action rules of procedure, which govern pro­ ceedings before the Board, are published I dar R im e st a d , organization. Any organization or indi­ in the F ederal R egister and in this Title Deputy Under Secretary vidual once having come within the pro­ 28, Chapter II, of the Code of Federal for Administration. visions of the Act may, pursuant to pre­ scribed statutory conditions, file with the Regulations. Copies may be obtained [PH. Doc. 67-7288; Filed, June 27, 1967; Board a petition for appropriate relief. from the Board on request. Copies are 8:48 a.m.] The Board does not conduct investiga­ free to parties and their representatives tions nor initiate proceedings itself. in proceedings in the Board. A charge as Title 28— JUDICIAL (2) Following hearings the Board is­ set forth in the schedule referred to in sues written findings of fact (designated § 202.4 is payable by others. ADMINISTRATION as the “Report of the Board” ) and its (b) Precedent decisions and rulings: findings are accompanied by an appro­ All final opinions (including concurring Chapter II— Subversive Activities priate order. Decisions and orders of the and dissenting opinions) and all orders Control Board Board may be taken by the parties ag­ made in the adjudication of cases, and all grieved to the U.S. Court of Appeals for intermediate or other rulings which may PART 202— PUBLIC INFORMATION the District of Columbia for judicial re­ have precedential value are published By virtue of the authority vested in it view and, upon certiorari, to the Supreme periodically in bound volumes entitled by the Subversive Activities Control Act Court of the United States. When an ap­ “Reports of the Subversive Activities of 1960, 64 Stat. 977, and to implement peal is taken the order of the Board does Control Board.” Volumes I through IV the provisions of the Act of July 4, 1966, not become final unless affirmed by the cover the period from the inception of P.L. 89-487, 80 Stat. 250, as therein re­ courts or the appeal is dismissed by the the Board to June 30, 1966. A separate quired, Part 202 is added to read as fol­ courts. volume entitled “Reports of the SACB, lows: (3) All pleadings and other papers in Index-Digest, Vols. I-IV ” contains di­ gests under appropriate topical headings Sec. proceedings before the Board may be “filed” by mail addressed to the Board of all rulings enunciated by the Board in 202.1 Purpose. or by delivery in person. (See § 202.3.) the cases contained in the four volumes 202.2 Organization and functions. of the printed reports. These volumes 202.3 Offices. Proceedings are governed by the Board’s 202.4 Requests, generally. published rules of procedure. (See and the index-digest may be purchased 202.5 Generally available material. § 202.5(a).) The Board maintains a from the Superintendent of Documents, 202.6 Other records. docket giving the chronology of each U.S. Government Printing Office, Wash­ 202.7 Votes of the members of the Board. proceeding. The dockets are available for ington, D.C. 20402. They may be read at the office of the Board. Opinions, orders, Au t h o r it y: The provisions of this part inspection at the office of the Board. 202 issued under sec. 12, 64 Stat. 977 as § 202.3 Offices. and precedential rulings not yet con­ amended; 50 U.S.C. 791. tained in printed volumes, and a cumu­ The office of the Board is located in lative index, are available for inspection §202.1 Purpose. the Lafayette Building, 811 Vermont and copying at the Board’s office. Avenue NW., Washington, D.C. 20445. The rules in this part are promulgated (c) The pleadings, transcript of testi­ pursuant to the provisions of the Act The office is open to the public from 9 a.m. to 5 p.m., Mondays through Fri­ mony, exhibits, and all other papers re­ of July 4, 1966, P.L. 89-487, 80 Stat. 250, ceived in evidence or made a part of the 5 U-S-C. 1002, which amended section 3 days with the exception of holidays. The Board does not maintain any field offices. record in Board proceedings (except of the Administrative Procedure Act (60 material exempted under sec. 5 U.S.C. o.tat. 238) so as to clarify and protect the The Board provides a reading room or 552(b) and received in camera and nght of the public to information. The reading area where records covered by sealed) are available at the office of the following sections describe the organiza- this part will be made available. In addi- Board for inspection and copying. Copies

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9164 RULES AND REGULATIONS of the transcripts of testimony when and will promptly notify the complainant (r) Command Claims Service. The available from the official reporter must of its decision. commanding general of each of the num­ bered armies in the continental United be purchased from the reporter at cur­ § 202.7 Votes o f the members o f the rently prevailing prices. Copies of other Board. States will establish a command claims documents of record and of the tran­ service as authorized by § 536.4b. He will scripts of testimony when not available Where the final vote of each member designate in orders as Chief of the Com­ from the official reporter may be obtained of the Board in Board proceedings does mand Claims Service and Chief, Tort subject to § 202.4. Where the Board has not appear from the face of- a ruling, Claims Negotiator a judge advocate of­ filed in a court a certified list of the decision or order, such vote shall be en­ ficer of the command of grade of lieu­ record in a proceeding and the Board tered on the docket of the proceeding and tenant colonel. has retained the record as custodian for shall there be available for public in­ $ * * * * spection. the court, no part of such record will be (t) Reconsideration. (1) While there made available unless the person making Effective date. This part shall become is no appeal from the action of an ap­ the request first obtains the permission effective on July 4, 1967. proving or settlement authority under of the court for the Board to make such J o h n W. M a h a n , the Federal Tort Claims Act and this sec­ documents available. Chairman. tion, an approving or settlement author­ (d) Annual report: The Board at the ity may reconsider a claim upon request close of each fiscal year makes a report [F.R. Doc. 67-7265; Filed, June 27, 1967; 8:52 a.m.] of the claimant or someone acting in his to the President and the Congress stat­ behalf. Even in the absence of such a ing in detail the cases it has heard, the request, an approving or settlement au­ decisions it has rendered, and other in­ thority may on his own initiative re­ formation. The annual reports are avail­ consider a claim. He may reconsider a able for inspection at the Board. Copies Title 32— NATIONAL DEFENSE claim which he previously disapproved may be purchased from the Superintend­ Chapter V— Department of the Army in whole or in part (even where a settle­ ent of Documents, U.S. Government ment agreement has been executed) Printing Office, Washington, D.C. 20402. SUBCHAPTER B— CLAIMS AND ACCOUNTS when it appears that his original action (e) Statements of policy, interpreta­ PART 536— CLAIMS AGAINST THE was incorrect in law or fact based on the tions, manuals, instructions to the staff: UNITED STATES evidence of record at the time of the ac­ The Board being a quasi-court and not tion or subsequently received. If he de­ having investigatory or enforcement Claims Based on Negligence of Mili­ termines that his original action was in­ functions has not made statements of tary Personnel or Civilian Employ­ correct, he will modify the action and, policy or interpretations other than as ees Under Federal Tort Claims Act if appropriate, make a supplemental pay­ are contained in the rulings, opinions, ment. The basis for a change in action and orders covered by paragraph (b) of Section 536.29 is amended by adding will be stated in a memorandum included this section, nor has the Board issued any new subparagraph (18) to paragraph in the file. manuals or instructions to the staff that (h); by revising subparagraph (3) and (2) A successor approving or settle­ affect the public. I f any statements of adding new subparagraph (4) in para­ ment authority or the Chief, U.S. Army policy, interpretations, manuals, or in­ graph (i); in paragraph (q), the intro­ Claims Service may also reconsider the structions to the staff that affect the pub­ ductory text of subparagraph ( 1) and original action on a claim but only on the lic should be issued subsequent to July subdivision (ii) are revised; and para­ basis of fraud or collusion, new and ma­ 4, 1967, and are not part of the material graph (r) is revised and new paragraph terial evidence, or manifest error of the described in paragraph (b) of this sec­ (t) added, as follows: fact such as errors in calculation or fac­ tion, such will be made available with tual misinterpretation of applicable law. an accompanying index for inspection § 536.29 Claims based on negligence o f military personnel or civilian employ­ (3) A request for reconsideration and copying at the office of the Board. ees under the Federal Tort Claims should indicate fully the legal or factual § 202.6 Other records. Act. basis asserted as grounds for relief. Fol­ (a) Identifiable records (other than * * * * * lowing completion of any investigation those covered by § 202.5) except as are (h) Claims not payable. * * * or other action deemed necessary for an within the exemptions contained in (18) Is for personal injury or death informed disposition of the request, the paragraph (b) of 5 U.S.C. 552 and are of a civilian employee of the United approving or settlement authority will determined to be of a nature that must States incurred while in the perform­ reconsider the claim and attempt to be withheld, will be made available upon ance of official duties (see 5 U.S.C. 8116), request and compliance with the provi­ or for damage to his property incurred settle it by granting such relief as may sions contained in this section. incident to his service. appear warranted. When further settle­ (b) Such requests may be made as (i) Claims under other laws and sec­ ment efforts appear unwarranted, the set forth in and subject to § 202.4, and tions. * * * entire file with a memorandum of opin­ must contain a reasonably specific de­ (3) The Federal Employees’ Compen­ ion will be referred through claims chan­ scription of the particular record sought. sation Act (5 U.S.C. 8101-8150). nels as outlined in § 536.10 (d). If a claims (c) The making available of records (4) The Longshoremen’s and Harbor supervisory authority (§ 536.4a) is unable covered by this section which are in use Workers’ Compensation Act (44 Stat. to grant the relief requested, he will for­ in the Board may be deferred until such 1424,33 U.S.C. 901-950) as made applica­ records no longer are in use or as neces­ ble to certain civilian employees of non- ward the claim with his recommendation sary to avoid disruption of the Board’s appropriated fund instrumentalities of to the Chief, U.S. Army Claims Service, activities. the U.S. Armed Forces (5 U.S.C. 8171- Port Holabird, Md. 21219, and inform the (d) Authority to determine which rec­ 8173). claimant of such reference. ords shall be made available under this ***** section and which are properly to be [C l, AR 27-22, May 10,1967] (q) Consultation with the Department withheld is vested in the General Coun­ (Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012. In­ sel of the Board and his decision shall be of Justice. (1) Consultation with the De­ terpret or apply 60 Stat. 842, as amended by final except that any person may appeal partment of Justice is required in every P.L. 89-506, 80 Stat. 306; 28 U.S.C. 2671- a decision whereby a request for identi­ case where, in the opinion of the Fed­ 2680) fiable records has been denied. Such ap­ eral agency— K e n n e t h G. W ic k h a m , ♦ * * * * Major General, U.S. Army, peal shall be in writing, addressed to the The Adjutant General. Board, and shall describe the records (ii) A question of policy is or may be sought. The Board will rule upon such involved. [F.R. Doc. 67-7248; Filed, June 27, 196T, appeal at the earliest practicable date ***** 8:45 a n .]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9165

Sec. (e) Reports shall be submitted Title 38— PENSIONS, BONUSES, 5—1.5004—1 Submission. through normal channels in an original 5-1.5004—2 Form. and one copy to reach the Central Office, 5-1.5004-3 Reports control. Accounting Division, Office of Finance, AND VETERANS’ RELIEF 5—1.5004—4 Instructions. Office of Administration, within 15 work­ 5-1.5005 Synopsis of contract awards. Chapter I— Veterans Administration 5-1.5005-1 Submission. ing days after the close of the report 5-1.5005-2 Form, ¿i period. PART 9— SERVICEMEN’S GROUP LIFE 5-1.5005-3 Reports control. § 5—1.5001—2 Form. INSURANCE 5-1.5005-4 Instructions. 5-1.5006 Consolidated List of Administra­ This report shall be prepared on Criteria for Reinsurers and Converters tive Departments by Executive Standard Form 37, Report on Procure­ Agencies. ment by Civilian Executive Agencies In § 9.28, paragraph (b) is amended to Report on preference procure­ 5-1.5008 (June 1961 edition), illustrated at § 1- read as follows: ment in labor surplus areas. 5-1.5008-1 Submission. 16.901-37 of this title. The “ Period Cov­ § 9.28 Criteria for reinsurers and con­ 5-1.5008-2 Form. ered” block on Standard Form 37 shall verters. 5-1.5008-3 Reports control. be appropriately modified to indicate the * * * * * 5-1.5008-4 Instructions. reporting period, e.g., July 1 through (b) The company must have been in5-1.5009 Report of identical bids. September 30; July 1 through December 5-1.5009-1 Submission. 31; July 1 through March 31; or July 1 the life insurance business for a con­ 5-1.5009-2 Form. tinuous period of 5 years prior to Octo­ 5-1.5009-3 Reports control. through June 30. ber 1,1965, or the December 31 preceding 5-1.5009-4 Instructions. § 5—1.5001—3 Reports control. any redeterminations of. the allocations. 5-1.5010 Notice of award of contracts sub­ In the event of a merger, the 5-year ject to the Walsh-Healey Pub­ Reports Control Symbol GS-28-OA has requirement may be satisfied by either lic Contracts Act. , been assigned to this reporting require­ 5-1.5010-1 Submission. ment. the surviving company or by one of the 5-1.5010-2 Form. absorbed companies. Upon joint appli­ 5-1.5010-3 Reports control. § 5—1.5001—4 Instructions. cation by a subsidiary of a participating 5-1.5010-4 Instructions. (a) Standard Form 37 shall be pre­ company together with the parent com­ 5-1.5011 Report of transactions of Board pared in accordance with the instruc­ of Contract Appeals. pany, the 5-year requirement may be tions on the reverse of the form and this waived provided such parent company 5-Í.5011-1 Submission. § 5-1.5001-4. owns more than 50 percent of the out­ 5-1.5011-2 Form. 5-1.5011-3 Reports control. (b) Where Standard Form 37 refers standing stock of the subsidiary and has Instructions. been a legal reserve life insurance com­ 5-1.5011-4 to “ reporting agency” the instructions pany for a period of 10 years or more. A u t h o r it y : The provisions of this Sub­ shall apply to each service or staff office part 5-1.50 issued under sec. 205(c), 63 Stat. in the Central Office having reportable * * * * * 390; 40 U.S.C. 480(c). procurements and to each regional office. (72 Stat. 1114; 38 U.S.C. 210) Subpart 5—1.50— Reports (c) Procurements reportable on lines This VA regulation is effective the 3, 5, and 6 of Standard Form 37 are the date of approval. § 5—1.5000 Scope of subpart. definite quantity contracts awarded by Approved: June 22,1967. This subpart sets forth the reports re­ the reporting office and the orders placed quired by this Chapter 5 and provides against indefinite quantity contracts (ex­ By direction of the Administrator. instructions for the preparation and cluding Federal Supply Schedule con­ [ seal] C y r il P. B r ic k f ie l d , submission of the reports or cites the tracts) which were awarded by any GSA Deputy Administrator. applicable section containing such office. (Estimated values of indefinite instructions. quantity contracts are hot to be report­ [F.R. Doc. 67-7289; Piled, June 27, 1967; ed.) On line 7, report orders placed by * 8:49 a.m.] § 5—1.5001 Report on procurement by GSA against Federal Supply Schedules civilian executive agencies. and under indefinite quantity contracts § 5—1.5001—1 Submission. awarded by agencies other than GSA. Title 41— PUBLIC CONTRACTS (a) This section provides instructions (d) Under “Remarks,” set forth the which implement the reporting require­ following: AND PROPERTY MANAGEMENT ments prescribed by § 1-16.804 of this (1) Dollar amount of procurements title. made for the Agency for International Chapter 5— General Services (b) Reports on procurement shall be Development contained in line 2, and Administration prepared quarterly on a cumulative basis show appropriate entries for columns b, c, and d; and PART 5-1— GENERAL by the services and staff offices in the Central Office and in each regional office (2) Dollar amount of orders placed Procurement Reports having reportable procurements. under Federal Supply Schedules with subtotals thereof showing the amounts This amendment adds a new subpart (c) Central Office service and staff of­ that were placed under advertised and fice reports shall be submitted on an in­ to Part 5-1 so as to set forth procedures negotiated contracts. relating to the preparation and submis­ dividual basis in accordance with para­ sion of various procurement operations graph (e) of this § 5-1.5001-1. § 5—1.5004 Synopsis o f proposed pro­ reports by personnel of the General (d) Regional service and staff office curements. Services Administration for use by Gov­ reports shall be forwarded to the Region­ § 5-1.5004-1 Submission. ernment activities. al Director of Administration who shall Reports of proposed procurements prepare a. summary report based on the Part 5-1 is amended by adding a new shall be submitted to the Department individual reports received. (Public Subpart 5-1.50, reading as follows: of Commerce in accordance with § 5- Buildings Service regional reports shall Subpart 5—1.50— Reports 1.1003. Seer be prepared to show separately the pro­ § 5-1.5004-2 Form. 5-1.5000 Scope of subpart., curements of each regional PBS divi­ 5-1.5001 Report on procurement by civil­ sion, as well as a summarization of the This report shall be prepared on ian executive agencies. data developed by the divisions.) The Standard Form 14, Telegram. 5-1.5001-1 Submission. summary report, together with the com­ 5-1.5001-2 Form. ponent regional service and staff office § 5-1.5004-3 Reports control. 5-1.5001-3 Reports control. reports, shall be submitted to the Cen­ Reports Control Symbol COM-8 has 5-1.5001-4 Instructions. 5-1.5004 Synopsis of proposed procure­ tral Office in accordance with paragraph been assigned to this reporting require­ ments. (e) of this § 5-1.5001-1. ment.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I- 4 9166 RULES AND REGULATIONS

§ 5—1.5004—4 Instructions. 16.903-DJ1500 of this title), shall be used Order No. 10355 of May 26,1952 (17 F.R. See § 5-1.1003. when submitting this report. 4831), it is ordered as follows: § 5—1.5009—3 Reports control. 1. The departmental order of Janu­ § 5—1.5005 Synopsis o f contract awards. ary 18,1907, withdrawing national forest § 5—1.5005—1 Submission. Reports Control Symbol DJ-1 has been lands as administrative sites, is hereby assigned to this reporting requirement. Reports of contract awards shall be revoked so far as it affects the following submitted to the Department of Com­ § 5—1.5009—4 Instructions. described land: merce in accordance with § 5-1.1004. . See § 1-1.1603 of this title. S a n B e r n a r d in o M e r id ia n § 5-1.5005-2 Form. § 5—1.5010 Notice o f award o f contracts LOS PADRES NATIONAL FOREST This report shall be prepared on Op­ subject to the Walsh-Healey Public T. 5 N., R. 23 W., tional Form 10, U.S. Government Mem­ Contracts Act. Sec. 35, Ei/2S W & . orandum. § 5—1.5010—1 Submission. The area described contains 80 acres § 5—1.5005—3 Reports control. Notice of award of contracts subject to in Ventura County. the Walsh-Healey Public Contracts Act 2. At 10 a.m. on July 28,1967, the land Reports Control Symbol COM-9 has shall be submitted to the Department of shall be open to such forms of disposition been assigned to this reporting require­ Labor, Wage and Hour and Public Con­ as may by law be made of national forest ment. tracts Divisions, Washington, D.C. 20212. lands. § 5—1.5005—4 Instructions. H ar r y R . A nd e r so n , § 5-1.5010-2 Form. Assistant Secretary of the Interior. See § 5-1.1005-4. This report shall be prepared on Ju n e 22, 1967. § 5—1.5006 Consolidated List o f Admin* Standard Form 99, Notice of Award of istrative Debarments by Executive Contract. [F.R. Doc. 67-7253; Filed, June 27, 1967; Agencies. 8:45 a:m.] § 5—1.5010—3 Reports control. See § 5-1.607-51. Reports Control Symbol LAB-1 has [Public Land Order 4232] § 5—1.5008 Report on preference pro­ been assigned to this reporting require­ curement in labor surplus areas. ment. [New Mexico 1999] § 5—1.5008—1 Submission. § 5—1.5010—4 Instructions. NEW MEXICO (a) This § 5-1.5008 provides instruc­ See § 5-12.603 of this chapter. Withdrawal for Underground Atomic tions which implement the reporting Energy Experiment requirements prescribed by § 1-1.807 of § 5—1.5011 Report o f transactions of this title. Board o f Contract Appeals. By virtue of the authority vested in the (b) Reports shall be prepared by each § 5—1.5011—1 Submission. President and pursuant to Executive Or­ der No. 10355 of May 26, 1952 (17 F.R. service and staff office in the Central This report shall be submitted an­ 4831), it is ordered as follows; Office and in the regional offices. Re­ nually to the Administrator by the Board gional office service and staff office re­ of Contract Appeals. 1. Subject to valid existing rights and ports shall be forwarded to the Regional the provisions of existing withdrawals, Director of Administration who shall § 5—1.5011—2 Form. the following described lands, which are consolidate them and submit the con­ No form has been prescribed for this under the jurisdiction of the Secretary of solidated report to the Central Office. report. Agriculture, are hereby withdrawn from (The Regional Administrator shall be all forms of appropriation under the § 5—1.5011—3 Reports control. furnished an information copy of the public land laws, including the mining report.) Central Office service and staff Reports Control Symbol OA-19 is re­ laws (30 U.S.C., Ch. 2), and the mineral office reports shall be submitted on an quired for this report. leasing laws, and reserved for use of the Atomic Energy Commission for experi­ individual basis. § 5—1.5011—4 Instructions. (c) Reports shall be submitted to mental purposes (Project Gasbuggy): See § 5-60.105 of this chapter. reach the Central Office, Accounting N e w M e x ic o P r in c ip a l M e r id ia n Division, Office of Finance, Office of Ad­ Effective date. These regulations are CARSON NATIONAL FOREST ministration, within 30 working days effective upon publication in the F ederal T. 29 N., R. 4 W., after the close of each calendar quarter. R eg ister . Sec. 36. Dated: June 21,1967. § 5—1.5008—2 Form. The area described contains 640 acres No form has been prescribed for this J. E. Moody, in Rio Arriba County. report. Acting Administrator 2. The withdrawal made by this order for General Services. does not alter the applicability of those § 5—1.5008—3 Reports control. [F.R. Doc. 67-7252; Filed, June 27, 1967; public land laws governing the use of the Reports Control Symbol GS-34-OA 8:45 a.m.] national forest lands under lease, license, has been assigned to this reporting re­ or permit, or governing the disposal of quirement. their mineral or vegetative resources § 5—1.5008—4' Instructions. other than under the mining and mineral Title 43— PUBLIC LANDS: leasing laws. However, leases, licenses or Reports shall be prepared and sub­ permits will be issued only if the Atomic mitted in accordance with the instruc­ . INTERIOR Energy Commission finds that the pro­ tions in § 1-1.807 of this title and this posed use of the lands will not inter­ § 5-1.5008. Chapter II— Bureau of Land Manage­ fere with the proper conduct of its ment, Department of the Interior experiments. § 5—1.5009 Report o f identical bids. APPENDIX— PUBLIC LAND ORDERS 3. The withdrawal made by this order § 5—1.5009—1 Submission. does not alter the jurisdiction of the [Public Land Order 4231] Reports of identical bids shall be sub­ Secretary of Agriculture over, the na­ [Riverside 272] tional forest lands for purposes other mitted to the Attorney General in ac­ than for Project Gasbuggy. The terms cordance with Subpart 1-1.16 of this CALIFORNIA and conditions for utilization of the title. Revocation of National Forest Admin­ national forest lands by the Atomic § 5-1.5009-2 Form. istrative Site Withdrawal Energy Commission will be governed by the Memorandum of Understanding of Form DJ-1500, Identical Bid Report By virtue of the authority vested in March 23,1967, between the Department for Procurement (illustrated in § 1- the President and pursuant to Executive of Agriculture and the Atomic Energy

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9167

Commission, as may be am ended and Order No. 10355 of May 26,1952 (17 P.R. supplemented. 4831), it is ordered as follows: Title 45— PUBLIC WELFARE H ar r y R . A n d e r so n , 1. Subject to valid existing rights, the Subtitle A— Department of Health, Ed­ Assistant Secretary of the Interior. following described lands are hereby withdrawn from all forms of appropria­ ucation, and Welfare, General Ju n e 22, 1967. tion under the public land laws, includ­ Administration [F.R. Doc. 67-7254; Filed, June 27, 1967; ing the mining laws (30 U.S.C., Ch. 2), PART 14— MINIMUM STANDARDS OF 8:45 a.m.] but not from leasing under the mineral leasing laws, and reserved for the Gen­ OPERATION FOR STATE AGENCIES [Public Land Order 4233] eral Services Administration as an ad­ FOR SURPLUS PROPERTY [Oregon 956] ministrative site: Part 14 of Title 45 CFR is hereby OREGON T ract 1 amended to read as follows: U.S. Survey No. 4404, containing 38.20 acres. Sec. Partial Revocation of Stock Driveway 14.1 Definitions. T ract 2 Withdrawal 14.2 Basic policy. A strip of land extending 250 feet on each 14.3 Geographic scope. By virtue of the authority contained side of the centerline of the Alaska Highway 14.4 Organization. in section 10 of the act of December 29, from U.S. Survey No. 4404 southeasterly to 14.5 Plan of Operation. 1916 (39 Stat. 865; 43 U.S.C. 300), as the United States-Canada international 14.6 Books and records. amended, it is ordered as follows: line. Containing 17.20 acres. 14.7 Service charges and funds. 14.8 Audits. 1. Public Land Order No. 1967 of Sep­ The areas described aggregate 55.40 14.9 Handling of property. tember 1, 1959, withdrawing lands for acres. 14.10 Eligibility. stock driveway purposes, is hereby re­ 2. Public Land Order No. 386 of 14.11 Utilization and compliance responsi­ voked so far as it affects the following July 31, 1947, is hereby revoked so far as bility. described lands: it affects the above described lands. 14.12 Assistance to the Department. 14.13 Nonconformance. W illam ette M eridian 3. The withdrawal made by this order 14.14 Amendments. T. 33 S., R. 18 E„ does not alter the applicability of the A u t h o r it y : The provisions of this Part 14 Sec. 7, Sy2SWt4NEt4, S^SE^NW^, public land laws governing the use of the issued under sec. 203, 63 Stat. 385; sec. 4, NE%SW%, and NW&SE^. public lands under lease, license or per­ 64 Stat. 579; 69 Stat. 83; 70 Stat. 493; 40 The areas described aggregate approx­ mit, or governing the disposal of their U.S.C. 48 4(j); 44 CFR 55.35. mineral or vegetative resources other imately 120 acres in Lake County. § 14.1 Definitions. The lands are located about 5 miles than under the mining laws. (a ) ' “Accountability” means the ob­ northwest of the town of Paisley. Topog­ H ar r y R. A n d e r s o n , raphy is moderate north slopes. Soils are Assistant Secretary of the interior. ligation imposed by law or lawful order silty loam with a mixture of rock and of regulation on a State agency or in­ Ju n e 22, 1967. gravel. Vegetative cover consists of big dividual (s) for keeping accurate records sage, bluebunch wheatgrass, Sandberg’s [F.R. Doc. 67-7256; Filed, June 27, 1967; o f property and/or funds. The person bluegrass, and other native shrubs, forbs, 8:46 a.m.] .having this obligation may or may not and grasses. have actual possession of the property or funds. Accountability is concerned 2. At 10 a.m. on July 28, 1967, the [Public Land Order 4235] lands shall be open to operation of the primarily with records, while responsi­ public land laws generally, subject to [Montana 489] bility is concerned primarily with cus­ valid existing rights, the provisions of MONTANA tody, care, and safekeeping. existing withdrawals, and the require­ (b) “Act” means the Federal Property ments of applicable law. All valid appli­ Partial Revocation of National Forest and Administrative Services Act of 1949, cations received at or prior to 10 a.m. on Administrative Site Withdrawal Public Law 152, 81st Congress (63 Stat. July 28, 1967, shall be considered as 377), as amended (40 U.S.C. 471 et. seq.). By virtue of the authority vested in Terms defined in the Act and not defined simultaneously filed at that time. Those the President and pursuant to Executive received thereafter shall be considered in in this section shall have in this part the Order No. 10355 of May 26, 1952 (17 F.R. meaning given to them in the Act. the order of filing. 4831), it is ordered as follows: The lands have been open to appli­ (c) “Department” means the Depart­ cations. and offers under the mineral 1. The departmental order of Feb­ment of Health, Education, and Welfare. leasing laws, and to location under the ruary 17, 1908, withdrawing national (d) “Donable property” means surplus United States mining laws, subject to the forest lands as an administrative site, equipment, materials, books, or other regulations in 43 CFR 3400.3. is hereby revoked so far as it affects the supplies under the control of any exec­ The State of Oregon has waived the following described lands: utive agency (including surplus prop­ preference right of application granted erty in working capital funds established to certain States by R.S. 2276, as K ootenai N a tio n al F orest pursuant to 10 U.S.C. 2208 or in similar amended (43 U.S.C. 852). PRINCIPAL MERIDIAN management-type funds) except: Inquiries concerning the lands should Fortine Creek Administrative Site (1) Such property as may be specified be addressed to the Manager, Land Of­ T. 34 N., R. 25 W., from time to time by the Administrator fice, Bureau of Land Management, Port­ of General Services; land, Oregon. Sec. 19, SE y4 SE14 SW %1 Sec. 30, NW*4NW*4NE]4 and NE ^4 NE ^4 (2) Surplus agricultural commodities, H arry R . A n d e r s o n , Nwy4. food, and cotton or woolen goods deter­ Assistant Secretary of the Interior. The areas described aggregate 30 mined from time to time by the Secre­ Ju n e 22, 1967. acres in Lincoln County. tary of Agriculture to be commodities re­ quiring special handling in order to as­ [F.R. Doc. 67-7255; Filed, June 27, 1967; ' 2. At 10 a.m. on July 28, 1967, the 8:46 am .] sist him in carrying out his responsibili­ lands shall be open to such forms of dis­ ties with respect to price support or [Public Land Order 4234] position as may by law be made of na­ stabilization; tional forest lands. [Fairbanks 035266] (3) Property in trust funds. H a r r y R . A n d e r s o n , ALASKA (e) “Need” means a requirement for Assistant Secretary of the Interior. anything usable and necessary by eligi­ Withdrawal for Administrative Site J u n e 22, 1967. ble applicants in the conduct of educa­ By virtue of the authority vested in [FJEt. Doc. 67-7257; Filed, June 27, 1967; tional, public health, or civil defense the President and pursuant to Executive 8:46 a.m.] activities.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9168 RULES AND REGULATIONS

( f ) ‘‘Overage” means the excess occur­ made to such State Agency, and no do­ the time of inventory verifications; (ii) ring upon the receipt of a larger number nable property shall, except as directed provision for periodic verification of of a specific item or a larger number of by the Department, be distributed by property on hand (at least annually) ; items than either ( 1) approved on an such State Agency under section 203 of (iii) provision for any necessary adjust­ “Application for Donation of Surplus the Act, if it is determined by the De­ ments to inventory records and/or stock Personal Property”, Standard Form 123, partment that the State Agency is not record cards at least annually and upon or (2) listed on a shipping document. operating in conformance with the De­ written authority by the Agency Direc­ (g) “Screening” is the process of partment’s regulations. No subsequent tor: (a) A file shall be maintained by the physically inspecting, and/or reviewing amendments to, nor modifications of, State Agencies covering all adjustments lists or reports of property for the pur­ approved Plans shall be placed in effect with justifications therefore, and be pose of submitting lists of property with without prior approval of the Depart­ made available for inspection by any findings and recommendations to the ment. Approval of a Plan of Operation authorized Federal official; (b) such Department for its information and shall not be effective for a period in justification shall, as a minimum, re­ guidance in determining whether prop­ excess of 5 years from the date of ap­ flect that all reasonable efforts have been erty that is surplus or which is expected proval. The Department may approve expended to ascertain when, where, how, to become surplus is iisable and neces­ Plans, or parts thereof, for lesser periods or why the property is missing, damaged sary for health, educational, or civil of time, as determined by the Depart­ or otherwise unaccounted for; and (c) defense purposes. ment in each case. Each State Agency regional offices shall be furnished a copy shall, not later than 90 days following of the adjustment to inventory records, (h) “Service charge” means the fee the effective date of any change in the with justification, at the time the ad­ assessed by a State Agency against the . Department’s regulations which affects justment is made, on any item of prop­ donee when distributing surplus prop­ a State Plan, submit to the appropriate erty having an acquisition cost of $2,500 erty under section 203 (j) of the Act. •> regional office for its approval, at least or more; (iv) a means of tracing prop­ (i) “ Shortage” means the deficiency three copies, executed by the responsible erty from receiving documents to dis­ occurring upon the receipt of a smaller official (s>, of all sections of its State posal documents; and (v) a system of number of a specific item or a smaller Plan amended to conform with the readily determining the quantity of vari­ number of items than either ( 1) ap­ changes in the Department’s regulations. ous types of property donated to individ­ proved on an “Application for Donation Sixty days prior to the expiration date ual donees. of Surplus Personal Property” , Standard of a State Plan of Operation the State (5) An explanation of how service Form 123, or (2) listed on a shipping _ Agency shall submit to the appropriate charges are determined. This shall in­ document. regional office a complete new Plan or clude a maximum charge not in excess of (j) “State Agency” means the agency supplements as appropriate, or request $500 for any single item to cover indirect designated by State statute or executive by letter to the regional office that the administrative expenses. In addition to order to make the certifications concern­ existing Plan be approved for an addi­ the $500 service charge for any single ing, and distribution of, donable property tional 1 to 5 years. item, State Agencies for Surplus Property to eligible applicants within the State as (b) The Plan of Operation shall in­ may collect direct expenses for labor in provided for in section 203(j) of the Act. clude the following in this order: removing installed equipment, packing § 14.2 Basic policy. (1) Copies of State statutes and/or and crating, loading, transportation, re­ executive orders establishing the State habilitation, and delivery of property to It is the policy of the Department to Agency and its authority to: the donee. Charges in excess of the above strengthen and promote the improve­ (1) Acquire, warehouse, and distribute must be justified in writing and be ap­ ment of operations of State Agencies so donable personal property to eligible or­ proved by the Department in advance of as to. achieve maximum efficiency, re­ ganizations under section 203 of the Act billing the donee on an individual case sponsibility and equity in the distribution and to execute the certifications and basis. and utilization of surplus property for agreements required by that section of (6) Procedure for ascertaining the health, educational, and civil defense the Act and the Federal Government. eligibility of applicants. purposes.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9169

§§ 13.6(b) (1), (2) and (3), 13.9, and (iii) Accounts receivable. § 14.9 Handling o f property. 13.10 of this subtitle. (2) From the total of the above de­ (a) All acquisition, warehousing, and (10) Procedure for utilization surveys scribed current assets, deduct all liabili­ distribution functions shall be a direct at educational and health institutions to ties that are due (including installments part of the State Agency’s operation and ascertain that property with a single #that fall due) within 1 year, and any shall be under the direction and control item acquisition cost of $2,500 or more, obligations represented by funds not ac­ of a single executive officer. donated to them, is being used in accord­ cumulated from service charges which (b) All distribution of donable prop­ ance with their certifications and agree­ are required to be returned eventually erty to eligible civil defense organiza­ ments. This procedure shall include pro­ to the source from which they were de­ tions will be made only in accordance vision for reports on such surveys. rived. with pertinent regulations of the Office (11) Samples of all forms used by the (c) The working capital reserve shall of Civil Defense. State Agency. not exceed an amount equivalent to the (c) Donable surplus property shall be (c) [Reserved] actual cost of operation during the im­ compared with the respective Standard mediate past fiscal year except with the § 14.6 Books and records. Form 123 and pertinent shipping docu­ written approval of the Department. ments immediately upon receipt, and (a) The fiscal accounting of the State (d) Integrity of funds accumulated any shortage or overage shall be reported from service charges against donee insti­ Agency shall be accomplished by a dou­ to the agency from which the property ble entry system. The system shall con­ tutions and organizations, including in­ come accruing from their investments was obtained and a copy of the report tain a chart of accounts, a general ledger shall be transmitted to the approprh shall be maintained, and such funds shall with accounts for all assets, liabilities, in­ ate regional office of the Department, be used only for the operations of the come, and expense, and journals, or their in accordance with procedures set forth equivalent, for the original record of Surplus Property Utilization Program and shall not be available for any other in the Surplus Property Utilization transactions. Accounting records shall Manual issued by the Department. be maintained in a manner that will purpose. Records and accounts shall be identify and separately account for funds maintained by the State Agency of (d) State Agencies shall maintain ade­ accumulated from service charges monies expended for the construction of quate provision for protecting property against donee institutions and orga­ warehouses, the purchase of fixtures, in their custody, including reasonable nizations. equipment, trucks, etc., for State Agency protection against the hazards of fire, (b) Financial records and all other operations from service charge funds. theft, vandalism, and weather. books and records of the State Agency When any of this property is no longer (e) State Agencies shall, at least an­ shall be subject to inspection by repre­ needed it shall be disposed of by trading nually, report to the appropriate sentatives of the Department. the item for a like item, by public bid Regional Representative all surplus (c) Each State Agency shall maintain sale or under other arrangements ap­ property which has been in their cus­ accurate accountability records of all proved by the Department. All monies tody longer than 12 months. Such re­ donable property approved for transfer received from sale of such property shall ports shall be made within 60 days fol­ to the State Agency and donable prop­ be deposited in the service charge fund. lowing periodic verification of property erty received, warehoused, and distrib­ Service charge funds may be used to pur­ on hand as required by the Plan of uted by it. Accountability records of all chase replacement parts for the purpose Operation. single items having an acquisition cost of of rehabilitating Federal surplus prop­ § 14.10 Eligibility. ' $2,500 or more shall be kept separate erty. Service charge funds may not be from those of lesser amounts. used to purchase property solely for do­ Findings by State Agencies as to the (d) Records and documents pertain­ nation purposes. No property or equip­ eligibility of applicants to acquire ing to the eligibility of donee institutions ment procured by the State Agency donable property in accordance with the and organizations shall be maintained in through expenditure of service charge requirements of section 203 (j ) of the Act the form and manner prescribed by the funds shall be transferred to or used, and regulations issued thereunder shall Department. part-time or otherwise, by any agency or be based upon applications by the gov­ (e) All official records of the State instrumentality of the State other than erning bodies of the applicant institu­ Agency shall be kept for a minimum the State Agency, unless such use is com­ tions stating the nature and purpose of period of 5 years. However, records per­ pensated for on a reasonable charge the institutions and shall be recorded taining to property containing restric­ basis and the proceeds deposited to the and such record preserved in accordance tions for more than 4 years shall be kept service charge account. with the provisions of § 14.6(d). 1 year beyond the specified periods of (e) A State Agency shall accept pay­ § 14.11 Utilization and compliance re­ restrictions. In those oases where proper­ ment of service charges only in the form sponsibility. ty is in compliance status at the expira­ of warrants, checks, or other official tion of the period of restriction the rec­ instruments drawn or issued by, and in (a) Each State Agency shall assist the ords will be retained for at least 1 year the name of, the respective donee insti­ Department in effecting utilization and after the compliance case has been tutions or organizations. compliance by health and educational closed. (f) Funds accumulated by a State donees with the terms and conditions Agency from service charges against established for any single item of do­ § 14.7 Service charges and funds. donee institutions and organizations, nated. property having an acquisition (a) Service charges, as a whole, for over and above the working capital re­ cost of $2,500 or more, and shall make the care and handling of donable surplus serve as provided for in this part, shall an on-site investigation of the use of property shall be limited to the amount be refunded to donee institutions and such item as least once during the pe­ necessary to pay actual expenses of cur­ organizations ( 1) on a pro rata basis riod of Federal restrictions. The SASP rent operations and to purchase neces­ (based upon total charges collected dur­ shall fully document its investigations sary equipment, plus the accumulation ing the preceding fiscal year) or (2) by and make its report of investigation and maintenance of a working capital reduced service charges during the cur­ available for review by any authorized reserve. The service charge assessed by a rent and the next ensuing fiscal year. Federal official. State Agency for the transfer of any (b) State Agencies shall take reason­ single item of donable surplus property § 14.8 Audits. able measures to assure that single shall be reasonable in relation to the The operations and financial affairs items of personal property with an ac­ costs incident to the transfer. of the State ^Agency shall be audited at quisition cost of less than $2,500 that are (b) A State Agency’s working capital least every two years by an appropriate donated under the provisions of the Act reserve shall be computed as follows: State authority or by a licensed public for health or educational purposes are (1) Add together the following items accountant. Signed copies of the reports actually used for such purposes. of current assets: of audits of the State Agencies shall be (c) Where information received by a (i) Cash on hand and in depositories; forwarded to or made available to the State Agency indicates fraud or misuse . *“ > Investments (readily convertible appropriate regional office of the Depart­ of surplus property donated for health, into cash) ; ment. educational or civil defense purposes,

FEDERAL REGISTER/ VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9170 RULES AND REGULATIONS the circumstances pertaining thereto permit the use by any common carrier or shall be reported immediately to the De­ Title 46— SHIPPING conference of such carriers in foreign com­ partment. Upon request by the appro­ merce of any contract, amendment, or Chapter IV— Federal Maritime modification thereof, which is available to priate Regional Representative, State all shippers and consignees on equal tenus Agencies shall make appropriate inves­ Commission and conditions, which provides lower rates tigations of alleged fraud or misuse of [General Order 4, Arndt. 12; Docket No. to a shipper or consignee who agrees to give 67-22] aU or any fixed portion of his patronage to surplus personal property donated for such carrier or conference of carriers unless health and educational purposes. PART 510— LICENSING OF INDEPEND­ the Commission finds that the contract, (d) State Agencies shall report imme­ ENT OCEAN FREIGHT FORWARDERS amendment, or modification thereof will be diately to the appropriate law enforce­ detrimental to the commerce of the United ment authorities and to the respective Subpart A— General States or contrary to the public interest, or unjustly discriminatory or unfair as between Regional Representative any theft, R e v o c a t io n or S u s p e n s io n o p L ic e n s e s ; shippers, exporters, importers, or ports, or fraud or indication of fraud in connec­ C o r r e c tio n between exporters from the United Slates tion with any donable property in its and their foreign competitors, and provided custody and shall investigate and/or In the seventh paragraph of the the contract * * * expressly * * * (5) settle any such case only with the con­ prefatory language of the document pub­ limits damages recoverable for breach by currence of the Regional Representative. lished in the F ederal R egister on either party to actual damages to be deter­ June 14, 1967 (32 F.R. 8523, 8524), the mined after breach in accordance with the § 14.12 ' Assistance to the Department. phrase “which requires a hearing” principles of contract law * * *. Each State Agency shall cooperate should be added to the end of the third (b) (1) A number of approved con­ with the Department by releasing prop­ sentence therein. As corrected this sen­ tracts contain the following provision: erty from its custody upon request, and tence reads: “ Whether or not a licensee maintains a valid bond on file involves Damages for breach of this agreement will assist the Department in obtaining shall be actual damages to be determined voluntary release by donee institutions no question of fact which requires a' after breach in accordance with the princi­ of property needed for defense or emer­ hearing.” ples of contract law. gency use. By the Commission. (2) The Federal Maritime Commis­ § 14.13 Nonconformance. [ s e a l ] T h o m a s L i s i , sion interprets this provision to mean I f the Department determines that a Secretary. that the carriers may not suspend or terminate the merchant’s right to con­ State Agency is not operating in accord­ [F.R. Doc. 67-7320; Piled, June 27, 1967; ance with its approved Plan of Opera­ 8:51 a.m.] tract rates prior to an adjudication that tion or these Minimum Standards, allo­ the merchant has breached his contract. cation of property to the State Agency The legislative history of the above- may be suspended until the noncon­ PART 530— INTERPRETATIONS AND quoted portion of section 14b makes it formance is corrected to the satisfaction STATEMENTS OF POLICY plain that the limits of the merchant’s of the Department. punishment for violation of his contract Interpretation of Shipping Act, 1916 § 14.14 Amendments. are the damages provided by the statute and nothing more. Therefore, the The Department reserves the right at Pursuant to sëction 43 of the Shipping Act, 1916 (46 U.S.C. 841a), and section damage clause referred to above may any time to modify or amend these not be implemented so as to suspend a Minimum Standards. Upon issuance of 3(b) (3) of the Administrative Procedure Act (5 U.S.C. 552(b)(3)), the Commis­ merchant’s rights but continue his ob­ amendments hereto requiring State ligations as an additional penalty for Agencies to modify their operations, rea­ sion hereby promulgates the following interpretive rule, effective on publication. breach of his contract. sonable opportunity will be afforded the (c) For a full discussion of the Com­ State Agencies to conform their opera­ § 530.6 Further interpretation o f the mission’s consideration of this area of tions to such amended standards. Shipping Act, 1916. dual-rate contracts see its decision in Dated: June 21, 1967. (a) Section 14b of the Shipping Act,The Dual Rate Cases, 8 F.M.C. 16 (1964). 1916, provides: [ s e a l] W il b u r J. C o h e n , T h o m a s L is i, Acting Secretary. Notwithstanding any other provisions of Secretary. this Act, on application the Federal Maritime [F.R. Doc. 67-7311; Piled, June 27, 1967; Commission (hereinafter “Commission”) , [F.R. Doc. 67-7319; Piled, June 27, 1967; ' 8:50 am .] shall, after notice, and hearing, by order, 8:51 am .]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9171

Proposed Rule Making

ing issuance of the proposal, the agency proach/departure procedures resulting DEPARTMENT OF AGRICULTURE determined that an extension, of the com­ from relocation of these navigational Packers and Stockyards ment period would be in the public aids. interest to assure that all interested Administration The Brownsville, Tex., control zone is persons have been afforded adequate op­ described in § 71.171 (32 F.R. 2079). [ 9 CFR Part 201 1 portunity to study and comment on the It is proposed to redesignate the proposal. Therefore^ pursuant to the au­ Brownsville, Tex., control zone as that REGULATIONS UNDER PACKERS AND thority delegated to me by the Adminis­ airspace overlying the United States STOCKYARDS ACT trator, the time within which comments within a 5-mile radius of Rio Grande on this proposed AD will be received is Valley International Airport (latitude Extension of Time to File Comments extended to July 27, 1967. 25°54'25" N., longitude 97*25'25" W .), On June 15, 1967, a notice of pro­ Issued at Kansas City, Mo., on June and within 2 miles each side of the posed rule making was published in the 20, 1967. Brownsville VORTAC 071* (062* mag­ Federal R egister (32 F.R. 8621) regard­ D a n ie l E. B a r r o w , netic) radial extending from the 5-mile ing the amendment of §§ 201.10, 201.50, Acting Director, Central Region. radius zone to 8 miles east of the 201.52, 201.58, 201.61, and 201.71 of the VORTAC, and within 2 miles each side [F A . Doc. 67-7276; Filed, June 27, 1967; of the Brownsville ELS localized NW regulations (9 CFR 201.10, 201.50, 201.52, 8:47 a.m.] 201.58, 201.61, 201.71) under the Packers course extending from the 5-mile radius and Stockyards Act, 1921, as amended (7 zone to the OM. UJ3.C. 181 et seq.). The notice provided The Brownsville, Tex., transition area that written data, views, or arguments [ 14 CFR Part 71 1 is described in § 71.181 (32 FJEt. 2162). concerning the proposed amendments [Airspace Docket No. 67-SW-36] I t is proposed to redesignate the 700- should be filed in duplicate with the foot portion of the Brownsville, Tex., Hearing Clerk, Ü.S. Department of CONTROL ZONE AND TRANSITION transition area as that. airspace over- Agriculture, Washington, D.C. 20250, on AREA lying the United States extending up­ or before June 30, 1967. In order to pro­ Proposed Alteration ward from 700 feet above the surface vide interested persons additional time within a 7-mile radius of the Rio Grande in which to file written data, views or The Federal Aviation Administration Valley International Airport (latitude arguments, the time for filing such is considering amending Part 71 of the 25°54'25" N., longitude 97°25'25" W .). data, views or arguments is hereby ex­ Federal Aviation Regulations to alter This amendment is proposed under tended to and including July 21, 1967. the Brownsville, Tex., control zone and the authority of section 307(a) of the transition area. Federal Aviation Act of 1958 (49 U.S.C. Done at Washington, D.C., this 22d 1348). day of June 1967. Interested persons may submit such written data, views or arguments as they Issued in Fort Worth, Tex., on June G erald E n g e l m a n , may desire. Communications should be 16,1967. Acting Administrator, Packers submitted in triplicate to the Chief, Air H e n r y L . N e w m a n , and Stockyards Administration. Traffic Division, Southwest Region, Fed­ Director, Southwest Region. [FA. Doc. 67-7245; Filed, June 27, 1967; eral Aviation Administration, Post Office Box 1689, Fort Worth, Tex. 76101. All [ F A Doc. 67-7277; FUed, June 27, 1967; 8:45 am .] 8:47 am .] communications received within 45 days after publication of this notice in the F ederal R egister will be considered be­ [1 4 CFR Part 71 ] DEPARTMENT OF fore action is taken on the proposed amendment. No public hearing is con­ [Airspace Docket No. 67-CE-71J templated at this time, but arrange­ TRANSITION AREA TRANSPORTATION ments for informal conferences with Federal Aviation Administration Federal Aviation Administration officials Proposed Alteration [ 14 CFR Part 39 ] may be made by contacting the Chief, The Federal Aviation Administration Air Traffic Division. Any data, views or is considering amending Part 71 of the [Docket No. 67—CE-6—AD] arguments presented during such con­ Federal Aviation Regulations so as to ferences must also be submitted in writ­ AIRWORTHINESS DIRECTIVES alter the transition area at Waterloo, ing in accordance with this notice in Iowa. Continental Models 10—470 and TSIO— order to become part of the record for Interested persons may participate in 470 Engines; Extension of Comment consideration. The proposal contained the proposed rule making by submitting in this notice may be changed in the Period such written data, views or arguments light of comments received. as they may desire. Communications On May 24, 1967, a notice was pub­ The official docket will be available for should be submitted in triplicate to the lished in the F ederal R egister (32 F.R. examination by interested persons at the Director, Central Region, Attention; 7598), proposing to amend § 39.13 of Office of the Regional Counsel, South­ Chief, Air Traffic Division, Federal Avia­ Part 39 of the Federal Aviation Regula­ west Region, Federal Aviation Adminis­ tion Administration, Federal Building, tions by adding an airworthiness direc­ tration, Fort Worth, Tex. An informal 601 East 12th Street, Kansas City, Mo. tive applicable to certain Continental Docket will also be available for exami­ 64106. All communications received Models 10-470 and TSIO-470 engines: nation at the Office of the Chief, Air within 45 days after publication of this The proposed AD would require replace­ Traffic Division. notice in the F ederal R egister will be ment of certain reground and chrome Changes in airspace requirements considered before action is taken on the Plated Continental Part No. 626820 cylin­ within the Brownsville, Tex., terminal proposed amendment. No public hearing der assemblies installed in these engines. area will result from the proposed de­ is contemplated at this time, but ar­ The notice states that consideration commissioning of the ILS system now rangements for informal conferences would be given to all comments received serving runway 17L, establishment of the with Federal Aviation Administration within 30 days after publication of the ILS localizer/marker facilities on run­ officials may be made by contacting the notice in the F ederal R eg ister . Follow­ way 13, and changes in instrument ap­ Regional Air Traffic Division Chief. Any

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9172 PROPOSED RULE MAKING data, views, or arguments presented dur­ Federal Aviation Regulations so as to This amendment is proposed under the ing such conferences must also be sub­ alter the transition area at Mason City, authority of section 307 (a) of the Fed­ mitted in writing in accordance with this Iowa. eral Aviation Act of 1958 (49 USC notice in order to become part of the Interested persons may participate in 1348). record for consideration. The proposal the proposed rule making by submitting Issued at Kansas City, Mo., on June 9 contained in this notice may be changed such written data, views, or arguments 1967. in the light of comments received. as they may desire. Communications A public docket will be available for should be submitted in triplicate to the E dw ard C. M arsh, examination by interested persons in the Director, Central Region, Attention: Director, Central Region. Office of the Regional Counsel, Federal Chief, Air Traffic Division, Federal Avia­ [F.R. Doc. 67-7279; Filed, June 27, 1967; Aviation Administration, Federal Build­ tion Administration, Federal Building, 8:47 a.m.] ing, 601 East 12th Street, Kansas City, 601 East 12th Street, Kansas City, Mo. Mo. 64106. 64106. All communications received with­ Since designation of the Waterloo, in 45 days after publication of this notice [ 14 CFR Part 71 ] Iowa, transition area the ILS Runway in the F ederal R egister will be consid­ [Airspace Docket No. 67-WE-17] 12, NDB(ADF) Runway 12, VOR Runway ered before action is taken on the pro­ 24, VOR Runway 36, and VOR/DME posed amendment. No public hearing is CONTROL ZONE AND TRANSITION Runway 30 instrument approach pro­ contemplated at this time, but arrange­ AREA cedures to Waterloo Municipal Airport ments for informal conferences with have been modified. In addition, the Federal Aviation Administration officials Proposed Designation coordinates at this airport have been may be made by contacting the Regional The Federal Aviation Administration changed slightly. Therefore, it is neces­ Air Traffic Division Chief. Any data, is considering amendments to Part 71 of sary to alter the Waterloo transition area views, or arguments presented during the Federal Aviation Regulations that to protect aircraft executing these ap­ such conferences must also be submitted would alter controlled airspace in the proach procedures and to reflect the in writing in accordance with this notice Sacramento, Calif., terminal area. change in the coordinates. in order to become part of the record Having completed a comprehensive re­ In consideration of the foregoing, the for consideration. The proposal con­ view of the airspace requirements for Federal Aviation Administration pro­ tained in this notice may be changed in the new Sacramento County Metropoli­ poses to amend Part 71 of the Federal the light of comments received. tan Airport, tentatively scheduled to Aviation Regulations as hereinafter set A public docket will be available for open on or about October 1967, it has forth: examination by interested persons in the been determined that a control zone and In § 71.181 (32 F.R. 2148), the follow­ Office of the Regional Counsel, Federal additional 700-foot-above-ground-level ing transition area is amended to read: Aviation Administration, Federal Build­ transition area is required. The proposed W aterlo o , I o w a ing, 601 East 12th Street, Kansas City, control zone is required to protect air­ That airspace extending upward from 700 Mo. 64106. craft conducting instrument flight rule feet above the surface within a 7-mile radius The VOR/DME Runway 17 and VOR procedures at altitudes below 1,000 feet of Waterloo Municipal Airport (latitude 42 °- Runway 35 instrument approach pro­ above the surface. The additional 700- 33'20" N., longitude 92°24'00'' W .); within cedures to Mason City, Iowa, Municipal foot floor transition area would provide 2 miles each side of the Waterloo ILS local­ Airport have been modified by adding controlled airspace protection for air­ izer northwest course, extending from the DME arcs. In addition, the Air Force jet craft executing prescribed instrument 7-mile radius area to 10 miles northwest» of approach procedure at this airport has approach procedures during descent the OM; within 5 miles west and 8 miles east from 1,500 to 700 feet above the surface of the Waterloo VORTAC 200° radial, ex­ been cancelled. Therefore, it is necessary tending from the VORTAC to 12 miles south to alter the Mason City transition area to and during climb from 700 to 1,200 feet of the VORTAC: and Within the arc of a protect aircraft executing these revised above the surface. 16-mile radius circle centered on the Water­ approach procedures and to delete that Interested persons may participate in loo VORTAC, extending clockwise from the controlled airspace which protected mil­ the proposed rule-making by submitting Waterloo VORTAC 353° radial to the Water­ itary aircraft executing the jet approach such written data, views, or arguments loo VORTAC 134° radial; and that airspace procedure. as they may desire. Communications extending upward from 1,200 feet above the to the surface within the arc of a 29-mile radius In consideration of the foregoing, the should be submitted in triplicate circle centered on the Waterloo VORTAC, Federal Aviation Administration pro­ Director, Western Region, Attention: extending clockwise from a line 8 miles north poses to amend Part 71 of the Federal Chief, Air Traffic Division, Federal Avia­ of and parallel to the Waterloo VORTAC 096° Aviation Regulations as hereinafter set tion Administration, 5651 West Man­ radial to a line 8 miles east of and parallel forth: chester Avenue, Post Office Box 90007, to the Waterloo VORTAC 353° radial; and In § 71.181 (32 F.R. 2148), the follow­ Airport Station, Los Angeles, Calif. within 6 miles northwest and 8 miles south­ ing transition area is amended to read: 90009. All communications received east of the Waterloo VORTAC 241° radial, within 30 days after publication of this extending from the 29-mile arc to 36 miles M a s o n Ci t y , I o w a southwest of the VORTAC. notice in the F ederal R egister will be That airspace extending upward from 700 considered before action is taken on the This amendment is proposed under the feet above the surface within a 7-mile radius proposed amendments. No public hearing authority of section 307(a) of the Federal of Mason City Municipal Airport (latitude is contemplated at this time, but ar­ 43°09'30" N., longitude 93°20'05" W .); with­ Aviation Act of 1958 (49 U.S.C. 1348), conferences in 2 miles each side of the Mason City rangements for informal with Federal Aviation Administration Issued at Kansas City, Mo., on June 9, VORTAC 002° radial, extending from the 1967. 7-mile radius area to 19 miles north of the officials may be made by contacting the VORTAC; and within 8 miles east and 5 miles Regional Air Traffic Division Chief. Any E dw ard C. M ar sh , west of the Mason City VORTAC 002° and data, views, or arguments presented dur­ Director, Central Region. 182° radials, extending from 4 miles north to ing such conferences must also be sub­ 12 miles sputh of the VORTAC; and that air­ mitted in writing in accordance with this ( P A Doc. 67-7278; Filed, June 27, 1967; space extending upward from 1,200 feet above notice in order to become part of the 8:47 a.m.] the surface within a 13-mile radius of Mason City VORTAC, extending clockwise from a record for consideration. The proposals line 5 miles northeast of and parallel to the contained in this notice may be changed [14 CFR Part 711 Mason City VORTAC 128° radial to a line in the light of comments received. [Airspace Docket No. 67-CE-73] 5 miles northwest of and parallel to the A public docket will be available for Mason City VORTAC 236° radial; and within examination by interested persons in the TRANSITION AREA a 23-mile radius of the Mason City VORTAC, extending clockwise from a line 5 miles south office of the Regional Counsel, Federal . Proposed Alteration of-and parallel to the Mason City VORTAC Aviation Administration, 5651 West 284° radial to a line 5 miles southeast of and Manchester Avenue, Los Angeles, Calif- The Federal Aviation Administration is parallel to the Mason City VORTAC 038° considering amending Part 71 of the radial. I 90045.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 PROPOSED RULE MAKING 9173

In view of the foregoing, the FAA pro­ in writing in accordance with this notice Communications Act of 1934, as poses the following airspace action: in order to become part of the record for amended. In § 71.171 (32 F.R. 2071) the follow­ consideration. The proposal contained in 4. Pursuant to applicable procedures ing control zone is added: this notice may be changed in the light set forth in § 1.415 of the Commission’s Sacramento, C a l if . (S a c r a m e n t o Co u n t y of comments received. rules, interested persons may file com­ M etropolitan A ir p o r t ) A public docket will be available for ments on or before July 31, 1967, and That airspace within a 5-mile radius of the examination by interested persons in the reply comments on or before August 10, Sacramento County Metropolitan Airport office of the Regional Counsel, Federal 1967. All relevant and timely comments (latitude 38°41'43" N„ longitude 121°36'01" Aviation Administration, 5651 West Man­ will be considered by the Commission W.)> and within 2 miles each side of the chester Avenue, Los Angeles, Calif. 90045. before final action is taken in the pro­ Sacramento County Metropolitan Airport The proposed transition area will pro­ ceeding. In reaching its decision, the localizer (latitude 38°40'32" N„ longitude vide controlled airspace for direct flights Commission may also take into account 121°36' 02" W .) N and S courses, extending operating between Scottsbluff/Chadron from the 5-mile radius zone to 6 miles north other relevant information before it, in and south of the airport; and including that and Douglas VOR’s and provide the con­ addition to the specific comments in­ airspace adjoining the McClellan APB and troller with additional airspace for radar vited by this notice. Sacramento Municipal Airport control zones vectoring to avoid other traffic and 5. In accordance with the provisions between latitude 38°41'43" N. and the Sacra­ thunderstorm activity on adjacent air­ of § 1.419 of the rules, an original and mento VORTAC 351° T radial. ways. Designation of the transition area 14 copies of all written comments, re­ In § 71.181 (32 F.R. 2247) amend the will allow maximum utilization of radar plies, pleadings, briefs, or other docu­ Sacramento, Calif., transition area by capability and more efficient control of ments shall be furnished the Commission. IFR traffic. deleting, “ * * * that airspace northeast Adopted: June 21,1967. of Sacramento within an arc of a 38-mile Therefore, the FAA proposes the fol­ radius circle centered on the Sacramento lowing airspace action: Released: June 22,1967. VORTAC, bounded on the west and In § 71.171 (32 F.R. 2148) the follow­ F ederal C ommunications ing transition area is added: southwest by the east edge of V - C o m m is s io n ,1 23 * * and substituting therefor, D o u g la s , W y o . [ s e a l ] B e n F. W a p l e , “* • * that airspace within an arc of a Secretary. 38-mile radius circle centered on the That airspace extending upward from 8,500 feet MSL, bounded on the north by latitude Section 21.200 of Part 21 of the Com­ Sacramento VORTAC, bounded jon the 42°44'00" N., and the east by V-169, on the west by the west edge of V-23, and on southeast by V-89, on the south by V-524, mission’s rules is amended by designat­ the southwest by the northeast edge of on the west by V-19E and on the southwest ing the present text as paragraph (a) V-23 * * by V-19E and V-247. and by adding a new paragraph (b) to read as follows: These amendments are proposed under This amendment is proposed under the the authority of section 307(a) of the authority of section 307(a) of the Federal § 21.200 Station inspection. Federal Aviation Act of 1958, as amended Aviation Act of 1958, as amended (72 (72 Stat. 749; 49 U.S.C. 1348). . (a) The licensee or permittee of each Stat. 749; 49 U.S.C. 1348). station authorized in the Domestic Pub­ Issued in Los Angeles, Calif., on June Issued in Los Angeles, Calif., on June lic Radio Services shall make the sta­ 16,1967. 16, 1967. tion and station records available for in­ L ee E. W a r r en , spection by representatives of the Com­ Acting Director, Western Region. L ee E. W a r r en, mission at any reasonable hour. Acting Director, Western Region. [F.R. Doc. 67-7280; Piled, June 27, 1967;. (b) The call sign of the station, the 8:48 a.m.] [P.R. Doc. 67-7281; Piled, June 27, 1967; name of the' permittee or licensee thereof, 8:48 a.m.] and the name, address and telephone [1 4 CFR Part 71 ] number of the nearest person or persons [Airspace Docket No. 67-WE-35J authorized to grant access to the sta­ tion’s transmitting facilities for purposes TRANSITION AREA FEDERAL COMMUNICATIONS of inspection shall be openly displayed at Proposed Designation the transmitter site so as to be visible COMMISSION at all times from a point of unrestricted The Federal Aviation Administration [ 47 CFR Part 21 1 access. This requirement shall become is considering an amendment to Part 71 effective for all stations, other than those of the Federal Aviation Regulations [Docket No. 17534; FCC 67-725] installed in land vehicles or aboard ves­ which would designate a new transition DOMESTIC PUBLIC RADIO SERVICES sels, on January 1,1968. area SE of Douglas, Wyo., with a floor OTHER THAN MARITIME MOBILE [F.R. Doc. 67-7299; Filed, June 27, 1967; of 8,500 feet MSL. 8:49 ajn .] Interested persons may participate in Inspection of Stations the proposed rule-making by submitting such written data, views, or arguments In the matter of amendment of I 47 CFR Part 73 1 05 they may desire. Communications § 21.200 of Part 21 of the Commission’s [Docket No. 17536, RM-1159; FCC 67-740] should be submitted in triplicate to the rules governing Domestic Public Radio Director, Western Region, Attention: Services (other than Maritime Mobile) FM BROADCAST STATIONS Chief, Air Traffic Division, Federal Avia­ to require posting certain information tion Administration, 5651 West Man­ to facilitate inspection of radio stations Table of Assignments; Fort Morgan, chester Avenue, Post Office Box 90007, by Commission representatives; Docket Colo. No. 17534. Airport Station, Los Angeles, Calif. 1. Notice is hereby given of proposed 1. Notice is hereby given in the above- .009. All communications received with­ rule making in' the above-entitled in 30 days after publication of this notice entitled matter. matter. in the F ederal R egister will be consid­ 2. To facilitate inspection of stations ered before action is taken on the pro­ authorized in the Domestic Public Radio 2. On May 22, 1967, Morgan County posed amendment. No public hearing is Services (other than Maritime Mobile) Broadcasting Co. (Morgan), permittee ontemplated at this time, but arrange- under Part 21 of the Commission’s rules, of Station KFTM-FM , Channel 232A, ents for informal conferences with the Commission proposes to amend Fort Morgan, Colo., filed a petition, R M - eueral Aviation Administration officials § 21.200 to require visible identification of 1159, for expedited rule making to amend A.a^ m Hlac^e by contacting the Regional certain radio stations as set forth below. the FM Table of Assignments as follows : vio ^'ra® c Division Chief. Any data, 3. The proposed amendment of the or arguments presented during rules is issued pursuant to authority con­ ucn conferences must also be submitted tained in sections 4(1) and 303 of the 1 Commissioner Cox absent.

FEDERAL REGISTER, VOL. 32, NO; 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I- 9174 PROPOSED RULE MAKING

generation of the FM station’s second ond harmonic radiation, however, we are Channel No. harmonic within the receivers involved; of the view that a sufficient showing has City but it urges that under the circumstances been made that the proposal conforms Present Proposed presented in this case the change in fre­ with our announced policy in regard to quency requested would be the best solu­ FM channel changes to avoid second 232A 269A tion in this small market in which the harmonic interference to TV reception, 232A economic life of the FM station depends and that rule making in this case would on the community it serves. serve the public interest. Petitioner sug­ Since KFTM -FM is authorized to operate 4. Mullins Broadcasting Co., licensee gests that Channel 232A be assigned to on Channel 232A, proposed to be deleted of Station KBTV, Channel 9, Denver, the small community (1,791) of Spring- at Port Morgan, petitioner also requests Colo., supports the Morgan request. It field, Colo., approximately 200 miles from that its authorization be modified to states that while Fort Morgan is just Denver. Since there has been no showing specify operation on Channel 269A in lieu beyond the predicted Grade B contour of of need for this assignment and since of 232A. KBTV, it has a substantial number of Channel 232A may be needed in some 3. The petitioner states that the secondviewers in Fort Morgan, that the inter­ community closer to Denver in the harmonic of Channel 232A is 188.6 Mc/s ference caused to the reception of this future, we are inviting comments on the which falls within TV-Channel 9 (186— station caused a “furor” , and that the proposed substitution of Channel 269A 192 Mc/s) operated by KBTV (ABC out­ residents of Fort Morgan have no other at Fort Morgan only. let) in Denver and received off-the-air signal of any affiliate of the ABC net­ 6. Authority for the adoption of the in Port Morgan some 72 miles distant. It work. Mullins submits that it has at­ amendments proposed herein is con­ is stated that severe interference was ex­ tempted to cooperate in every possible tained in-sections 4 (i), 303, 307(b), and perienced to the reception of KBTV in way with the management of KFTM -FM 316 of the Communications Act of 1934, Port Morgan and Brush (about 9 miles to resolve the interference problem and as amended. from Fort Morgan) soon after KFTM- that the proposed change in channel for 7. Pursuant to applicable procedures PM began equipment tests as evidenced KFTM -FM falls squarely within the cri­ set out in § 1.415 of the Commission’s by the flood of complaints received. Mor­ teria specified for such changes in that rules, interested parties may file com­ gan states that immediate steps were it will not result in the loss of any FM ments on or before July 20, 1967, and taken to insure that KPTM-FM was assignment. It urges quick action in view reply comments on or before July 27, operating in accordance with thè rules of the fact that the only alternative is 1967. All submissions by parties to this and standards and to correct the com­ the loss of the only ABC service in Fort proceeding or by persons acting in behalf plaints of interference by the installa­ Morgan or the loss of the service from of such parties must be made in written tion of all types of available traps and the only FM station in Fort Morgan. comments, reply comments or other ap­ filters, but met with little success. State­ 5. On the basis of the information propriate pleadings. ments are included to substantiate the submitted, it appears that much of the 8. In accordance with the provisions existence of the interference and the interference experienced results from of § 1.419 of the rules, an original and 14 failure of the various attempts to elimi­ generation of second harmonic signals copies of all written comments, replies, nate the problem. Morgan urges that the within the individual TV receiver caused pleadings, briefs, or other documents proposed substitution of channels is the by overloading of the receiver by the very shall be furnished the Commission. only feasible manner of eliminating this strong fundamental signal from the local Adopted: June 21, 1967. problem, that it complies with the policy FM station. This type of interference in this regard announced in the Public can be eliminated by traps and other Released: June 22, 1967. Notice of February 3, 1966, FCC 66-106 preventative steps at the receiver loca­ F ederal C ommunications (Policy to Govern the Change of PM tion. However, in this instance it is likely C o m m issio n ,1 Channels to Avoid Interference to Tele­ because of the relative locations of the [ s e a l ] B e n F. W a p le , vision Reception), and that in spite of transmitter involved, that at least some Secretary. of the interference is due to the second its good faith and compliance with all [F.R. Doc. 67-7300; Filed, June 27, 1967; legal and technical principles, it is the harmonic signal radiated directly from 8:49 a.m.] only way in which it can continue to op­ the FM transmitter even though this erate both KFTM and KPTM -FM . Mor­ meets Commission standards. Thus addi­ gan states that the problem is caused by tional improvement probably could be * Commissioner Bartley concurring in the overloading of the TV receivers and the effectuated by further reducing the sec­ result; Commissioner Cox absent.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9175 Notices

tion in the F ederal R egister unless ex­ T. 41 N., R. 2 w., DEPARTMENT OF STATE tended or sooner revoked by public Go/>o Ofi onrt 9*7* [Public Notice 269] notice. Sec. 33,Ey2,Ei/2W%.andW%SW>4; Sec. 34, N & and S W ft; U.S. CITIZENS For the Secretary of State. Sec. 35, NVfcNVfc. Restriction on Travel to, in, or Through R a l p h S. R oberts, The lands described aggregate 2,480 Algeria and Certain Other Coun­ Acting Deputy Under Secretary acres of public lands. for Administration. tries; Revocation b. As provided in paragraph 1 above, Ju n e 22,1967. the public lands in the areas described Public Notice 266 regarding restriction [F.R. Doc. 67-7375; Piled, June 27, 1967; below are segregated from entry under on the travel of U.S. citizens to, in, or 8:52 am .] the agricultural land laws, from public through Algeria, Iraq, Israel, Jordan, sale under R.S. 2455 and from private Kuwait, Lebanon, Libya, Morocco, Saudi exchange: Arabia, Sudan, Syrian Arab Republic, Tunisia, United Arab Republic, and T. 36 N., R. 4 E., DEPARTMENT OF THE INTERIOR Secs. 1 to 4, inclusive; Yemen is hereby revoked. Bureau of Land Management Sec. 5, E y2; For the Secretary of State. Sec. 8, E y2', [A 702] Secs. 9 to 16, inclusive; R a l p h S. R oberts, Sec. 17, E%. Acting Deputy Under Secretary ARIZONA T. 36 N., R. 5E„ for Administration. Notice of Classification of Public Lands Secs. 1 and 2, that part west of Colorado Ju n e 22, 1967. River; for Multiple Use Management Sec. 3 to 10, inclusive; [P.R. Doc. 67-7374; Piled, June 27, 1967; 1. Pursuant to section 2 of the Act of Secs. 11 and 15, that part west of Colorado 8:52 a.m.] River; September 19, 1964 (43 U.S.C. 1412), the Secs. 16 to 18, inclusive; [Public Notice 270] public lands described below, together Secs. 19 to 22, that part west of Colorado with any lands therein that may become River and north of Kaibab National For­ U.S. CITIZENS public lands in the future, are hereby est irregular boundary. classified for multiple use management. T. 37 N„ R. 4 E., Restriction on Travel to, in, or Through Publication of this notice has the effect Secs. 1 to 5, inclusive; Algeria and Certain Other Countries of segregating all the described lands Sec. 6, E y2 and NWy4; Secs. 8 to 17, inclusive; Pursuant to the authority of Title 22, from appropriation under the agricul­ Secs. 20 to 29, inclusive; United States Code, section 211a, and tural land laws (43 U.S.C. Parts 7 and 9, Secs. 32 to 36, Inclusive. Executive Order 11295 and in accordance 25 U.S.C. 334), and from sale under sec­ T. 37 N., R. 5 E., with 22 CFR 51.72(c), travel is restricted tion 2455 of the Revised Statutes (43 Secs. 1 to 24, inclusive; to, in, or through Algeria, Iraq, Lebanon, U.S.C. 1171). It also has the effect of Sec. 25, that part west of Colorado Libya, Sudan, Syrian Arab Republic, further segregating the lands described River; in paragraphs 3b and 3c from private Secs. 26 to 35, inclusive; United Arab Republic, and Yemen, as Sec. 36, that part west of Colorado River. unrestricted travel to, in, or through exchange (43 U.S.C. 3 l5 g(b )), and the T. 37 N., R. 6 E„ these countries would seriously impair lands described in paragraph 3c from Sec. 4, that part west of Colorado River; the conduct of U.S. foreign affairs in State exchange (43 U.S.C. 315g(c)). All Secs. 5 to 8, inclusive; view of conditions within these countries of the described lands shall remain open Secs. 9, 16, and 17, that part west of resulting from the recent hostilities in to all other applicable forms of appro­ Colorado River; the Near East and the risks and dangers priation, including the mining and min­ Secs. 18 and 19; that might ensue from the inadvertent eral leasing laws. As used in this order, Secs. 20 and 30, that part west of Colorado “public lands” means any lands (1) River. involvement of American citizens in do­ T. 38 N., R. 1 W., mestic disturbances. This ' restriction withdrawn or reserved by Executive Or­ Secs. 2, 3, and 4, that part north of Kaibab shall also apply, for the same reason, to der No. 6910 of November 26, 1934, as National Forest irregular boundary; travel to, in, or through Jordan, except amended, or (2) within a grazing district Secs. 5 and. 6; for travel to, in, or through the area in established pursuant to the Act of June Secs. 7,' 8, 9, and 11, that part north of and near the City of Jerusalem bounded 28, 1934 (48 Stat. 1269), as amended, Kaibab National Forest irregular as follows: On the north by the main which are not otherwise withdrawn or boundary. road from the Mandelbaum gate to reserved for a Federal use or purpose. T. 38 N., R. 2 W., Secs. 1 to 6, parts north of Kaibab Na­ Isawiya (via Sheikh Jarrah), on the east 2. No protests or objections have been tional Forest irregular boundary. and south by a line drawn from Isawiya received as a result of the Notice of Pro­ T. 38 N., R .3 W ., to Bethany to Sur Bahir to Bethlehem, posed Classification (32 F.R. 5957) and Sec. 1, that part north of Kaibab National and on the west by the old Bethlehem- the public hearing held May 9," 1967. Forest irregular boundary; Jerusalem road (Hebron Road) and the Therefore, no changes have been made SecS. 2, 3,9, and 10; Armistice Demarcation Line of April in the list of lands included in this Secs. 1 1 , 12, and 14, parts west of Kaibab 1949 to the Mandelbaum Gate. National Forest irregular boundary; classification. Secs. 15,16, and 21; Except as otherwise provided herein, 3. The lands affected by this classifi­ Secs. 22, 23, 27, 28, and 33, parts west of U.S. passports shall not be valid for travel cation are located in Coconino County Kaibab National Forest irregular to. in, or through Algeria, Iraq, Jordan, boundary. Lebanon, Libya, Sudan, Syrian Arab Re­ and are described as follows: T. 38 N., R. 3 E., public, United Arab Republic, and G il a an d S alt R iver M e r id ia n , A r izo n a Sec. 1; Yemen unless specifically endorsed for Sec. 2, N E 14; such travel under the authority of the a. As provided in paragraph 1 above, Sec. 12, E y2. Secretary of State. the following lands are segregated from T. 38 N., R. 4 E., Secs. 1 to 36, inclusive. This public notice shall expire at the entry under the agricultural land laws T. 38 N., R. 5 E., end of l year from the date of publica­ and from public sale under R.S. 2455: Secs. 1 to 36, inclusive.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9176 NOTICES

T. 38 N., R. 6 E., T. 41 N., R. 6 E., change (43 U.S.C. 315g(b)) ; from State Sec. 1, that part west of Colorado River; Secs. 1 to 36, inclusive. exchange (43 U,S.C. 315g(c)); from Secs. 2 to 11, inclusive; T. 42 N., R. 2 E„ State selection (43 U.S.C. 851, 852); from Secs. 12 to 15, parts west of Colorado River; Secs. 31 to 36, inclusive. R.S. 2477 (43 U.S.C. 932); and from ap­ T. 42 N„ R. 3 E., Secs. 16 to 21, inclusive; laws. As Secs. 31 to 36, inclusive. propriation under the mining Secs. 22 and 27, parts west of Colorado used herein “ public land” means any River; T. 42 N., R. 4 E., Secs. 28 to 32, inclusive; Secs. 31 to 36, inclusive. lands withdrawn or reserved by Execu­ Secs. 33 and 34, parts west of Colorado T. 42 N., R. 5 E., tive Order No. 6910 of November 26,1934, River. Secs. 31 to 36, inclusive. as amended, or within a grazing district T. 39 N., R. 1 W., T. 42 N., R. 6 E., established pursuant to the Act of Secs. 2 to 11, inclusive; Secs. 31 to 36, inclusive. June 28,1934 (48 Stat. 1269) as amended, Secs. 14 to 23, inclusive; The lands described aggregate 481,879 which are not otherwise withdrawn or Secs. 26 to 35, inclusive. reserved for a Federal use or purpose. T. 39 N., R. 2 W., acres of public lands. Secs. 1 to 36, inclusive. c. As provided in paragraph 1 above, 2. The land is located approximately T. 39 N., R. 3 W „ the public lands in the areas described 3.5 road miles northeast of Apache Junc­ Secs. 1 and 2; below are segregated from entry under tion, Ariz., and is crossed by State High­ Secs. 11 to 15, inclusive; the agricultural land laws, from public way 88, the Apache Trail Highway. The Secs. 22 to 27, inclusive; sale under R.S. 2455, and from private land is moderately sloping desert terrain Secs. 34 to 36, inclusive. and State exchange: lying at an elevation of about 2,000 feet. T. 39 N., R. 3 E., It adjoins the Tonto National Forest Secs. 1 to 3, inclusive; T. 41 n ., r . 1 w ., and lies approximately %-mile west of Sec. 4.SE& ; Secs. 1 to 29, inclusive; Sec. 9, NE 14, Ny2SE%, and SE&SE^; Secs. 30, 32, 33, and 34, parts north of U.S. the Superstition Wilderness Area. Secs. 10 to 15, inclusive; Highway 89 Alternate; 3. The site is receiving moderate to Secs. 23 to 26, inclusive; Secs. 35 and 36. heavy, uncontrolled, public recreational Sec. 27,Ei/2; T. 41 N., R. 2 W., use at the present time. It has easy ac­ Sec. 28, Ei/2 and N W ’/4; S6C> 1* cess from the Phoenix metropolitan area; Secs. 35 and 36. Sec.’ 10, Ey2,"E % W Ì4 , W 14SW 14, and it is a scenic site covered with desert T. 39 N., R. 4 E., SW%NW%; vegetation; and it provides a panoramic Secs. 11 to 15, inclusive; Secs. 1 to 36, inclusive, view of the precipitous western face of T. 39 N., R. 5 E., Secs. 22 to 24, inclusive; Secs. 1 to 36, inclusive. Sec. 25, part north of U.S. Highway 89 the Superstition Mountains. T. 39 N., R. 6 E., Alternate. 4. Local planning, zoning, and recrea­ Secs. 1 to 36, inclusive. " T. 41 N., R. 1 E., tion officials and representatives of the T. 39 N., R. 7 E., Secs. 1 to 36, Inclusive. Tonto National Forest and the Bureau Sec. 4, that part west of Colorado River; T. 42 N., R. 1 W., of Land Management have agreed, after Secs. 5 to 8, inclusive; Secs. 31 to 36, inclusive. T. 42 N„ R. 1 E., study and analysis, that the highest and Secs. 9 and 16, parts west of Colorado River; best use of this public land is for out­ Secs. 17 to 19, inclusive; Secs. 31 to 36, inclusive. Secs. 20, 29, 30, and 31, parts west of door recreational development. The con­ Colorado River. The lands described aggregate 65,641 census is that the public land should T. 40 N., R. 1 W., acres of public lands. remain in public ownership and be de­ Secs. 1 to 36, inclusive. The lands described in the three sec­ veloped for its recreational value by the T. 40 N., R. 2 W., tions above aggregate 550,000 acres of Bureau of Land Management. Develop­ Secs. 1 to 3, inclusive; public lands. ment, and use of the site will complement Secs. 10 to 15, inclusive; 4. For a period of 30 days, interestedrecreation programs of the Forest Serv­ Secs. 22 to 27, inclusive; ice, Pinal, and Maricopa counties by Secs. 31 to 36, inclusive. parties may submit comments to the Sec­ T. 40 N., R. 3 W., retary of the Interior, LLM, 721 Wash­ providing overnight camping, day use, Secs. 35 and 36. ington, D.C.20240. picnicking, and nature study programs. T. 40 N., R. 8. E., The site will be known as the Lost Secs. 1 and 2; F red J. W e iler, Dutchman Recreation Site. Sec. 3, Ei/2; State Director. 5. The public lands proposed for class­ Sec. 10, E y2; J u n e 20, 1967. ification in this notice are shown on Secs. 11 to 14, inclusive; Sec. 15, Ey2; [F.R. Doc. 67-7258; Piled, June 27, 1967; maps o n . file, and available for inspec­ Sec. 22,"È % ; 8:46 a.m.] tion, in the Bureau of Land Manage­ Secs. 23 to 26, inclusive; ment, Land Office, Federal Building, Sec. 27, Ey2, E y g S W ^ .a n d S E ^ N W Îi; Secs. 34 to 36, inclusive. [A 1029] Phoenix, Ariz. 6. The land involved is in Pinal County T. 40 N., R. 4 E., ARIZONA Secs. 1 to 36, inclusive. and is described as follows: T. 40 N., R. 5 E., Notice of Proposed Classification of Secs. 1 to 36, inclusive. G il a a n d Sa l t R iver M e r id ia n , A rizona T. 40 N., R. 6 E., Public Land for Multiple Use Man­ T I N R 8 15 Secs. 1 to 36, inclusive. agement Sec. ”l, lots’ 1 and 2, S ^ N E % and SE&. T. 40 N., R. 7 E., Secs, 4 to 9, inclusive; 1. Pursuant to the Act of September 19, The lands described aggregate 320.26 Secs. 16 to 21, inclusive; 1964 (78 stat. 986; 43 U.S.C. 1411-18) acres. Secs. 28 to 33, inclusive. and to the regulations in 43 CFR Parts 7. For a period of 60 days from the T. 41 Ni, R. 1 W., 2410 and 2411, it is proposed to classify date of publication of this notice in the Secs. 30 to 34, parts south of U.S. Highway for multiple use management the public 89 Alternate. lands described in paragraph 6. These F ederal R egister, all persons who wish T. 41 N., R. 2 W., to submit comments, suggestions, or ob­ Sec. 25, that part south of U.S. Highway public lands will be managed primarily 89 Alternate; f or their significant public outdoor recre­ jections in connection with the pro- Sec. 34, SE %; ational values. Publication of this notice posed classification may present their Sec. 35, S & and Sy2Ny2; has the effect of segregating the land views in writing to the District Manager, Sec. 36. from , appropriation under the agricul- Bureau of Land Management, Phoenix, T. 41 N., R. 2 E., turaHand laws (43 U.S.C. Parts 7 and 9; Secs. 1 to 36, inclusive. 25 U.S.C. sec. 334); from sale under sec­ Ariz. T. 41 N., R. 3 E., F red J. W eiler, Secs. 1 to 36, inclusive. tion 2455 of Revised Statutes (43 U.S.C. State Director. T. 41 N., R. 4 E., 1171); from sale under the Act of Sep­ Ju n e 8, 1967. Secs. 1 to 36, inclusive. tember 19, 1964 (43 U.S.C. 1421-1427); T. 41 N., R. 5 E., from the Recreation and Public Purposes [F.R. Doc. 67-7259; Filed, June 27, 1967. Secs. 1 to 36, inclusive. Act (43 U.S.C. 869); from private ex­ 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9177

[Oregon 018567] 2. The estimated quantity of such ar­ Original Present OREGON 1 designation extension ticles prescribed by section 2(a) of the Act during the calendar year 1967 is Revocation of Small Tract Classifi­ Virginia—Cont. 904.6 million pounds. cation and Opening King and Queen___ 31 F.R. 542.... 31 F.R. 9027. Since the estimated quantity of imports King George______31 F.R. 542.... 31 F.R. 9027. J u n e 19, 1967. 31 F.R. 542 31 F.R. 9027. does not equal or exceed 110 percent of 3Ì F.R. 542 .. 31 F.R. 9027. the estimated quantity prescribed by sec­ Pursuant to authority delegated to me 31 F.R. 542 . 31 F.R. 9027. tion 2(a) of the Act, limitations for the by Bureau Order No. 701, dated July 23, Lunenburg______31 F.R. 542... 31 F.R. 9027. Madison..!...... 31 F.R. 542... 31 F.R. 9027. calendar year 1967 on the importation 1964 (29 F.R. 10526), I hereby revoke in 31 F.R. 542... 31 F.R. 9027. of fresh, chilled or frozen cattle meat its entirety Oregon Small Tract Classifi­ Mecklenburg______31 F.R. 542... 31 F.R. 9027. Middlesex..!______31 F.R. 542... 31 F.R. 9027. (TSUS 106.10) and fresh, chilled or cation No. 56-1, published June 13, 1956 31 F.R. 542... 31 F.R. 9027. frozen meat of goats and sheep (TSUS (21 F.R. 4050), as F.R. Doc. 56-4641, 31 F.R. 11691 106.20), are not authorized to be imposed and Oregon Small Tract Opening No. Northumberland__ 31 F.R. 542... 31 F.R. 9027. Nottoway 31 F.R. 542... 31 F.R. 9027. pursuant to P.L. 88-482 at this time. 61-1, published August 25, 1960 (25 F.R. 31 F.R. 11691.. 8150), as F.R. Doc. 60-7919: Page...... 31 F.R. 542... 31 F.R. 9027. Done at Washington, D.C., this 22d day Patrick...... 31 F.R. 542... 31 F.R. 9027. of June 1967. W il l a m e t t e M e r id an 31 F.R. 11691 31 F.R. 542.. 31 F.R. 9027. J o h n A . S c h n it t k e r , T. 39 S., R. 3 E., 31 F.R. 542... 31 F.R. 9027. Under Secretary. Sec. 11, Wi/2N W ^ , N W 14SW 14. Prince George_____ 31 F.R. 542... 31 F.R. 9027. 31 F.R. 542... 31 F.R. 9027. [P.R. Doc. 67-7318; Filed, June 27, 1967; Containing 120 acres. 31 F.R. 542... 31 F.R. 9027. 8:51 a.m.] 31 F.R. 542... 31 F.R. 9027. 31 F.R. 542 31 F.R. 9027. Jam e s F. D o y l e , 31 F.R. 11691.. State Director. 31 F.R. 542... 31 F.R. 9027. 31 F.R. 542... 31 F.R. 9027. [P.R. Doc. 67-7260; Plied, June 27, 1967; 31 F.R. 542.. 31 F.R. 9027. 8:46 ajn.] Spotsylvania______31 F.R. 11691.. DEPARTMENT OF HEALTH, EDUCA­ Stafford______31 F.R. 542... 31 F.R. 9027. 31 F.R. 542... 31 F.R. 9027. 31 F.R. 542... 31 F.R. 9027. TION, AND WELFARE 31 F.R. 542... 31 F.R. 9027. W estmoreland_____ 31 F.R. 542... 31 F.R. 9027. Food and Drug Administration DEPARTMENT OF. AGRICULTURE 31 F.R. 542.. 31 F.R. 9027. Office of the Secretary Wythe...... 31 F.R. 542... 31 F.R. 9027. AMERICAN CYANAMID CO. AND YOO-HOO BEVERAGE CO. NORTH CAROLINA AND VIRGINIA Pursuant to the authority set forth Notice of Filing of Petition for Food Extension of Designation of Areas above, emergency loans will not be made in the above-named counties after June Additives for Emergency Loans 30, 1968, except to applicants who previ­ Pursuant to the provisions of the Fed­ For the purpose of making emergency ously received emergency or special live­ eral Food, Drug, and Cosmetic Act (sec. loans pursuant to section 321 of the stock loan assistance and who can quali­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. Consolidated Farmers Home Administra­ fy under established policies and 348(b) (5 )), notice is given that a petition tion Act of 1961 (7 U.S.C. 1961), it has procedures. (FAP 7A2151) has been filed by American been determined*that in the hereinafter- This extension shall become effective Cyanamid Co., Fiue Chemicals Depart­ named counties in the States of North on June 30,1967. ment, Pearl River, N.Y. 10965, and Yoo- Carolina and Virginia natural disasters Hoo Beverage Co., 600 Commercial Ave­ have caused a continuing need for agri­ Done at Washington, D.C., this 22d day of June 1967. nue, Carlstadt, N.J. 07072, proposing an cultural credit not readily available amendment to § 121.1137 Dioctyl sodium from commercial banks, cooperative O r v ill e L . F r e e m a n , sulfosuccinate to provide for the safe use lending agencies, or other responsible Secretary. of dioctyl sodium sulfosuccinate as an sources. [F.R. Doc. 67-7240, Piled, June 27, 1967; emulsifying agent for cacao fat in non- 8:45 a.m.] carbonated beverages containing cocoa, Original Present whereby the amount of the additive does designation extension not exceed 25 parts per million of the MEATS finished beverage. North Carolina: Northampton. 31 F.R. 11497.. Import Limitations Dated: June 22, 1967. Virginia: Albemarle____ 31 F.R. 542.... 31 F.R. 9027. Public Law 88-482, approved Au­ J. K . K ir k , Alleghany_____ 31 F.R. 542__ 31 F.R. 9027. gust 22, 1964 (hereinafter referred to as Amelia______31 F.R. 542.... 31 F.R. 9027. Associate Commissioner Amherst______31 F.R. 642— 31 F.R. 9027. the A ct), provides for limiting the quan­ for Compliance. Appomattox... 31 F.R. 542.... 31 F.R. 9027. tity of fresh, chilled or frozen cattle Augusta____ _ 31 F.R. 11691.. [P.R. Doc. 67-7306; Piled, June 27, 1967; Bath______31 F.R. 542.__ 31 F.R. 9027. meat (TSUS 106.10) and fresh, chilled 8:50 a.m.] Bedford______31 F.R. 542.__ 31 F.R. 9027. or frozen meat of goats and sheep, ex­ Bland______31 F.R. 542.__ 31 F.R. 9027. Botetourt..... 31 F.R. 542.__ 31 F.R. 9027. cept lambs (TSUS 106.20), which may be Brunswick____ 31 F.R. 542.... 31 F.R. 9027. imported into the United States in any PARKE, DAVIS & CO. Buckingham.. 31 F.R. 542.__ 31 F.R. 9027. calendar year. Such limitations are to Campbell_____ 31 F.R. 542.__ 31 F.R. 9027. Caroline...... 31 F.R. 542__ 31 F.R. 9027. be imposed when it is estimated by the Notice of Filing of Petition for Food Charlotte... 31 F.R. 542.... 31 F.R. 9027. Secretary of Agriculture that imports Additive Chloramphenicol Chesterfield... 31 F.R. 542.... 31 F.R. 9027. Clarke______31 F.R. 542— 31 F.R. 9027. of such articles, in the absence of limita­ Craig_____ 31 F.R. 542.... 31 F.R. 9027. tions during such calendar year, would Pursuant to the provisions of the Fed­ Culpeper... 31 F.R. 542.__ 31 F.R. 9027. eral Food, Drug, and Cosmetic Act (sec. Cumberland.. 31 F.R. 542.__ 31 F.R. 9027. equal or exceed 110 percent of the esti­ Dinwiddie.. 31 F.R. 542.__ 31 F.R. 9027. mated quantity of such articles pre­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Essex...... 31 F.R. 542.__ 31 F.R. 9027. scribed by section 2(a) of the Act. Fairfax..____ 31 F.R. 542__ 31 F.R. 9027. (b) (5 )), notice is given that a petition Fauquier__ 31 F.R. 642— 31 F.R. 9027. In accordance with the requirements has been filed by Parke, Davis & Co., Floyd______31 F.R. 542.__ 31 F.R. 9027. Fluvanna_____ 31 F.R. 11691.. of the Act the following third quarterly Joseph Campau Avenue at the River, De­ Frederick..'” 31 F.R. 542.__ 31 F.R. 9027. estimates are published: Giles______troit, Mich. 48232, proposing the issuance 31 F.R. 542..,. 31 F.R. 9027. 1. The estimated aggregate quantity Gloucester” ” 31 F.R. 542.__ 31 F.R. 9027. of a food additive regulation to provide Greene______31 F.R. 11691.. of such articles which would, in the Greensville.” " 31 F.R. 542.__ 31 F.R. 9027. absence of limitations under the Act, be for the safe use of chloramphenicol tab­ Halifax.. 31 F.R. 542— 31 F.R. 9027. Highland..” " 31 F.R. 11691.. imported during calendar year 1967 is lets for the treatment of infectious diar­ 860 million pounds. rhea (white scours, colibacillosis, pneu-

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9178 NOTICES monia enteritis) in nonruminating 408(d) (1), 68 Stat. 512; 21 U.S.C. 346a 439,300 kilowatt electrical nuclear re­ calves. (d) (1 )), the following notice is issued: actor to the Tokyo Electric Power Co., Inc., Tokyo, Japan. Dated: June 22, 1967. In accordance with § 120.8 Withdrawal of petitions without prejudice of the Upon finding that the proposed export J. K . K ir k , pesticide regulations (21 CFR 120.8), the of the reactor is within the scope of and Associate Commissioner Upjohn Co., Kalamazoo, Mich. 49001, consistent with the terms of the Agree­ for Compliance. has withdrawn its petition (PP 7F0558), ment for Cooperation between the Gov­ [F.R. Doc. 67-7307; Filed, June 27, 1967; notice of which was published in the ernments of the United States of America 8:50 a.m.] F ederal R eg ister of February 9, 1967 and Japan, and unless within 15 days (32 F.R. 2725), proposing the establish­ after the publication of this notice in S. B. PENICK & CO. ment of tolerances for residues of thè the F ederal R eg ister , a request for a fungicide 2,6-chloro-4-nitroaniline in or hearing is filed with the U.S. Atomic En­ Notice of Filing of Petition for Food on raw agricultural commodities, as fol­ ergy Commission by the applicant, or a Additives lows: 0.5 part per million in or on almond petition for leave to intervene is filed husks; and 0.05 part per million in or on by any person whose interest may be Pursuant to the provisions of the Fed­ almond meats. affected by the proceeding, the Director eral Food, Drug, and Cosmetic Act (sec. of Regulation will cause to be issued to 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Dated: June 22, 1967. General Electric Technical Services Co., (b) (5)), notice is given that a petition J. W . K ir k , Inc., a facility export license containing has been filed by S. B. Penick & Co., 100 Associate Commissioner the authority set forth in the text below Church Street, New York, N.Y. 10007, for Compliance. and cause to be published in the F ederal proposing that the food additive regula­ R egister a notice of issuance of the I tions be amended to provide for the safe .[F.R. Doc. 67-7310; Filed, June 27, 1967; 8:50 a.m.] license. I f a request for a hearing or a use in cattle feed of bacitracin methyl­ petition for leave to intervene is filed ene disalicylate alone for growth promo­ within the time prescribed in the notice, tion and feed efficiency, or with added Office of Education the Secretary will issue a notice of hear­ diethylstilbestrol for fattening beef ing or an appropriate order. FEDERAL FINANCIAL ASSISTANCE IN cattle. Pursuant to the Atomic Energy Act of Dated: June 22, 1967. 'CONSTRUCTION OF NONCOMMER­ 1954, as amended, and Title 10, Chapter CIAL EDUCATIONAL TELEVISION I, Code of Federal Regulations, the Com­ J. K . K ir k , Associate Commissioner BROADCAST FACILITIES mission has found that: for Compliance. Application Accepted for Filing (a) The application complies with the requirements of the Atomic Energy Act [F.R. Doc. 67-7308; Filed, June -27, 1967; Notice is hereby given that effective of 1954, as amended, and the Commis­ 8:50 a.m.] with this publication the following de­ sion’s regulations set forth in Title 10, scribed application for Federal financial Chapter I, Code of Federal Regulations, STAUFFER CHEMICAL CO. assistance in the construction of non­ and Notice of Filing of Petition commercial educational television broad­ (b) The reactor proposed to be ex­ cast facilities is accepted for filing in ac­ Regarding Pesticides ported is a utilization facility as defined cordance with 45 CFR 60.7:- in said Act and regulations. Pursuant to the provisions of the Fed­ Educational Television of Central New In its review of applications solely to eral Food, Drug, and Cosmetic Act (sec. York, Inc., Old Liverpool Road, Liver­ authorize the export of production or 408(d)(1), 68 Stat. 512; 21 U.S.C. pool, N.Y., File No. 201, to improve the utilization facilities, the Commission does 346a(d) (1) ), notice Is given that a peti­ facilities of noncommercial educational not evaluate the health and safety char­ tion (PP 7F0616) has been filed by television station, Channel 24, Syracuse, acteristics of the facility to be exported. Stauffer Chemical Co., 1200 South 47th N.Y. A copy of the application, dated Street, Richmond, Calif. 94804, propos­ Any interested person may, pursuant May 17, 1967, is on file in the Atomic ing the establishment of a tolerance of to 45 CFR 60.8 within 30 calendar days Energy Commission’s Public Document 0.1 part per million for negligible resi­ from the date of this publication, file Room, located at 1717 H Street NW., dues of the herbicide S-ethyl hexahydro- comments regarding the above applica­ Washington, D.C. llî-azepine-1-carbothioate in or on rice tion with the Chief, Educational Tele­ and rice straw. Dated at Bethesda, Md., this 15th day vision Facilities Branch, U.S. Office of of June 1967. Two analytical methods are proposed Education, Washington, D.C. 20202. in the petition for determining residues For the Atomic Energy Commission. (76 Stat. 64, 47 U.S.C. 390) of the herbicide: (1) Extraction from E ber R. P rice, R a y m o n d J. S t a n l e y , crop samples by direct steam distillation Director, Division of Chief, Educational Television followed by determination using a micro- State and Licensee Relations. coulometric gas chromatographic tech­ Facilities Branch, U.S. Office nique with a sulfur titration cell; and (2) of Education. P roposed E xp o r t L ic e n s e extraction from crop samples by direct [F.R. Doc. 67-7301; Filed, June 27, 1967; Pursuant to the Atomic Energy Act oí 1954, steam distillation followed by hydrolysis 8:50 a.m.] as amended, and the regulations of the U.S. to hexamethyleneimine, which is con­ Atomic Energy Commission issued pursuant verted to the cupric dithiocarbamate thereto, and in reliance on statements and complex and determined spectrophoto- representations heretofore made, General Electric Technical Services Co., Inc., a wholly metrically at 440 millimicrons. ATOMIC ENERGY COMMISSION owned subsidiary of the General Electric Co., Dated: June 22, 1967. [Docket No. 50-292] is authorized to export a 439,300 kilowatt electrical nuclear reactor to the Tokyo Elec­ J. K . K ir k , GENERAL ELECTRIC TECHNICAL tric Power Co., Inc., Tokyo, Japan, subject to Associate Commissioner SERVICES CO., INC. the terms and p ro n ion s herein. The license for Compliance. to export extends to the licensee’s duly au­ Notice of Application for and Proposed thorized shipping agent. [F.R. Doc. 67-7309; Filed, June 27, 1967; Neither this license nor any right under 8:50 a.m.] Issuance of Facility Export License this license shall be assigned or otherwise Please take notice that General Elec­ transferred in violation of the provisions ox UPJOHN CO. the Atomic Energy Act of 1954. tric Technical Services Co., Inc., a This license is subject to the right of re­ Notice of Withdrawal of Petition wholly owned subsidiary of the General capture or control reserved by section 1°° Regarding Pesticides Electric Co., 1331 H Street NW„ Wash­ of the Atomic Energy Act of 1954, and to> an ington, D.C. 20005, has submitted an other provisions of said Act, now or hereafte Pursuant to the provisions of the Fed­ application dated May 17, 1967, for a in effect and to all valid rules and regulations eral Food, Drug, and Cosmetic Act (sec. license to authorize the export of a of the U.S. Atomic Enefgy Commission. Tms

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9179

license is effective as of the date of issuance U.S. Atomic Energy Commission issued pur­ and shall expire on May 31, 1973. adopted by Traffic Conference 1 of the suant thereto, and in reliance on statements International Air Transport Association For the Atomic Energy Commission. and representations heretofore made, West­ inghouse Electric International Co., a divi­ relating to specific commodity rates, [FB. Doc. 67-7246; Piled, June 27, 1967; sion of the Westinghouse Electric Corp., is Docket 16236, Agreement CAB 19360, 8:45 a.m.] authorized to export a 340,790 kilowatt elec­ Rr-8. [ Docket No. 50-291 ] trical, nuclear power reactor to the Kansai An agreement has been filed with the Electric Power Co., Osaka, Japan, subject to Board, pursuant to section 412(a) of the WESTINGHOUSE ELECTRIC the terms and provisions herein. The license Federal Aviation Act of 1958 (the Act) INTERNATIONAL CO. to export extends to the licensee’s duly and Part 261 of the Board's Economic authorized shipping agent. Regulations, between various aar car­ Notice of Application for and Proposed Neither this license nor any right under this license shall be assigned or otherwise riers, foreign air carriers, and other Issuance of Facility Export License transferred in violation of the provisions of carriers, embodied in the resolutions of Please take notice that Westinghouse the Atomic Energy Act of 1954. Traffic Conference 1 of the International Electric International Co., a division of This license is subject to the right of Air Transport Association (IA T A ), and the Westinghouse Electric Corp., 200 recapture or control reserved by section 108 adopted pursuant to the provisions of Park Avenue, New York, N.Y. 10017, has of the Atomic Energy Act of 1954, and to all Resolution 590 dealing with specific com­ other provisions of said Act, now or here­ modity rates. submitted an application dated May 5, after in effect and to all valid rules and reg­ 1967, for a license to authorize the export ulations of the U.S. Atomic Energy Commis­ The agreement, adopted pursuant to of a 340,790 kilowatt electrical, nuclear sion. This license is effective as of the date unprotested notices to the carriers and power reactor to the Kansai Electric of issuance and shall expire on September promulgated in an IA TA letter dated Power Co., Osaka, Japan. 30,1968. June 15, 1967,1 names rates under a new Upon finding that the proposed export For the Atomic Energy Commission. commodity description as set forth of the reactor is within the scope of and below. The new rates reflect reductions [F.R. Doc. 67-7247; Filed, June 27, 1967; of 21.5 and 35.4 percent and are consist­ consistent with the terms of the Agree­ 8:45 a.m.] ment for Cooperation between the gov­ ent with the present level of specific ernments of the United. States of America commodity rates within the applicable and Japan and, unless within 15 days area. after the publication of this notice in the CIVIL AERONAUTICS BOARD Commodity Item 7177: Federal R eg ister , a request for a hearing Printed Promotional Material, 39 cents per is filed with the U.S. Atomic Energy [Docket No. 18252] kg., minimum weight 500 kgs. New York to Commission by the applicant, or a peti­ AERO SPACELINES, INC. St. Lucia, B.W.I. tion for leave to intervene is filed by any 31 cents per kg., minimum weight 500 kgs. St. Lucia to New York. person whose interest may be affected Notice of Prehearing Conference by the proceeding, the Director of Regu­ Notice is hereby given that a prehear­ The Board, acting pursuant to sections lation will cause to be issued to Westing­ ing conference on the above-entitled 102, 204(a), and 412 of the Act, does not house Electric International Co., a facil­ application is assigned to be held on find the subject agreement to be adverse ity export license containing the author­ July 6, 1967, at 10 a.m., e.d.s.t., in Room to the public interest or in violation of ity set forth in the text below and cause 726, Universal Building, 1825 Con­ the A ct: Provided, That approval thereof to be published in the F ederal R eg ister a necticut Avenue NW., Washington, D.C., is conditioned as hereinafter ordered. notice of issuance of the license. I f a before Examiner Richard A. Walsh. Accordingly, it is ordered, That: request for a hearing or a petition for Agreement CAB 19360, R-8, be ap­ leave to intervene is filed within the Dated at Washington, D.C., June 22, proved: Provided, That approval shall time prescribed in the notice, the Secre­ 1967. not constitute approval of the specific tary will issue a notice of hearing or an [ s e a l] F r a n c is W . B r o w n , commodity description contained therein appropriate order. Chief Examiner. for purposes of tariff publication. Pursuant to the Atomic Energy Act of Any air carrier party to the agreement, [F.R. Doc. 67-7291; Filed, June 27, 1967; or any interested person, may, within 15 1954, as amended, and Title 10, Chapter 8:49 a.m.] I, Code of Federal-Regulations, the Com­ days from the date of service of this mission has found that: [Docket No. 17622] order, submit statements in writing con­ (a) The application complies with the taining reasons deemed appropriate, requirements of the Atomic Energy Act AIRLIFT-SLICK ROUTE TRANSFER together with supporting data, in sup­ of 1954, as amended, and the Commis­ Notice of Hearing port of or in opposition to the Board’s sion’s regulations set forth in Title 10, action herein. An original and 19 copies Chapter I, Code of Federal Regulations, Notice is hereby given, pursuant to the of the statements should be filed with and provisions of the Federal Aviation Act the Board’s Docket Section. The Board (b) The reactor proposed to be ex­ of 1958, as amended, that a hearing in may, upon consideration of any such ported is a utilization facility as defined the above-entitled proceeding is assigned statements filed, modify or rescind its hi said Act and regulations. to be held on September 26, 1967, at action herein by subsequent order. 10 a.m., e.d.s.t., in Room 726, Universal In its review of applications solely to This order Will be published in the authorize the export of production or Building, Connecticut and Florida Ave­ F ederal R e g ister . utilization facilities, the Commission nues NW., Washington, D.C., before the does not evaluate the health and safety undersigned Examiner. By the Civil Aeronautics Board. characteristics of the facility to be Dated at Washington, D.C., June 21, exported. [ s e a l ] M abel M cC art, 1967. Acting Secretary. * c°py of the application, dated May 5, »7, is on file in the Atomic Energy [ s e a l] E dw ar d T . S to d o la, r [F.R. D oc. 67-7293; Filed, June 27, 1967; onunission’s Public Document Room Hearing Examiner. 8:49 a.m.] [F.R. Doc. 67-7292; Filed, June 27, 1967; twDnat 1717 H Street NW" Washing" 8:49 a.m.] [Docket 15459 etc.; Order No. E-25342]

Dated at Bethesda^ Md., this 16th day [Docket No. 16236; Order No. E-25335] REOPENED PACIFIC NORTHWEST- of June 1967. SOUTHWEST SERVICE INVESTIGA­ por the Atomic Energy Commissioi INTERNATIONAL AIR TRANSPORT TION ASSOCIATION E ber R . P r ic e , Order Regarding Investigation Director, Division of Order Regarding Specific Commodity State and Licensee Relations. Rates Adopted *■ by the Civil Aeronautics Board at its office in Washington, D.C. P roposed E x p o r t L ic e n s e Adopted by the Civil Aeronautics on the 23d day of June 1967: I954lrflilan*' Atomic Energy Act c Board at its office in Washington, D.C., «s amended, and the regulations of th on the 21st day of June 1967; agreement 1 Received in the Board June 19, 1967.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9180 NOTICES

By opinion and Order E-24970 dated tion needs of the Pacific Northwest- tween Kansas City/St. Louis and the April 11, 1967, in the Pacific Northwest- Southwest service area as defined in our Pacific Northwest via Denver and/or Salt Southwest Service Investigation, Docket original order of investigation. We hâve Lake City. In the absence of such a re­ 15459, et al„ the Board (1) reopened the now concluded in the reopened proceed­ striction it would be possible for a suc­ record for further hearing on certain ing to also explore the question of turn­ cessful applicant for a Denver/Salt limited issues; (2) granted new routes around service as set forth in our order Lake City-Pacific Northwest route to to Braniff, Continental, Frontier, and opinion of April 11, 1967. We see no combine such an award with service over and Eastern; (3) terminated cer­ need, however, nor have the petitioners its existing system and thus be able to tain interchange services; (4) modified advanced any valid reasons why the operate from Kansas City to the North­ TW A’s. route 2 restriction which pre­ Board should further expand the geo­ west via Denver and/or Salt Lake City, vented it from serving Denver and St. graphical area beyond the scope of the the very route which is not at issue in the Louis on the same flight; (5) deferred original proceeding. Such expansion, in reopened proceeding. certain issues for simultaneous consid­ our opinion, would of necessity bring in The following applications, insofar as eration and decision with the reopened additional applications and issues and they conform to the scope of the re­ proceeding; and (6) denied (with the would unduly expand and delay final opened proceeding, should be consoli­ exception of Frontier and Eastern) all disposition of this proceeding. We will dated: Frontier, Docket 18547; Central, applications for authority to operate therefore deny the motions to consoli­ Docket 18538; Ozark, Docket 18527; between St. Louis, Kansas City and date filed by Bonanza, Pacific, and Trans-Texas, Docket 18536; Cheyenne, Denver, and between St. Louis and Memphis. We will also refuse to con­ Docket 18543; and Midland/Odessa, Seattle/Portland (on either a nonstop solidate that portion of Ozark’s applica­ Docket 18539. The applications of Bo­ basis or via intermediate points) with tion which raises issues beyond the nanza, Docket 18526, and Pacific, Dock­ the exception of limited service to St. scope of the reopened proceeding.8 ets 18593 and 18594, and the petition of Louis.1 Tampa filed a motion requesting the Memphis, Docket 18521 involve issues Applications and petitions for air serv­ Board to include in the reopened pro­ beyond the scope of the investigation and ice and motions to consolidate with the ceeding the issue of removing the restric­ will not be consolidated. reopened proceeding have been filed by tion which prohibits Eastern from pro­ Accordingly, it is ordered, Bonanza, Central, Ozark, Trans-Texas, viding single-plane service between 1. That Pacific’s motion for leave to Frontier, Pacific, Cheyenne, Memphis, Tampa/St. Petersburg/Clearwater and file its applications in Dockets 18593 and and Midland/Odessa. Trans-Texas takes Seattle/Portland. Tampa’s request is 18594 be and it hereby is granted. the position that the reopened proceed­ without merit and will be denied. When 2. That the following applications and ing is essentially the same proceeding as we issued our original consolidation or­ petitions for air service, to the extent that heretofore conducted and that only der in this case, we eliminated the pos­ they conform to the scope of this pro­ those applicants who timely sought to sibility of single-plane service between ceeding, be and they hereby are consoli­ have the Board consider turnaround cities within the area of investigation dated for hearing and decision with the service, but who were unsuccessful, have and certain designated cities outside the reopened proceeding In Docket 15459, et the right to a comparative hearing on geographical area. Tampa/St. Peters­ al.: Frontier, Docket 18547; Central, that issue. burg/Clearwater was one of the points Docket 18538; Ozark, Docket 18527; We cannot agree with Trans-Texas to which single-plane service was specifi­ Trans-Texas, Docket 18536; Cheyenne, that new applicants seeking authority to cally excluded. The reasons for impos­ Docket 18543; and Midland/Odessa, conduct turnaround services within the ing. such a pretrial restriction were Docket 18539. scope of the reopened case should be clearly stated in the original order of 3. That the motions to consolidate the precluded from trying their applications consolidation which pointed out that in following applications and petitions for in this proceeding. The Board reopened the absence of such a restriction, a large air service be and they hereby are denied: the record to determine whether turn­ and significant variety of new transcon­ Bonanza, Docket 18526; Pacific, Dockets around services as defined in paragraph tinental and other long-haul services 18593 and 18594; and Memphis, Docket 3 on page 35 of its opinion are required could become possible as a result of a 18521. by the public convenience and necessity. combination of awards in this case with 4. That Tampa’s motion to expand the Having thus broadened the issues and set existing route authorizations. We con­ issues to include the question of removal the matter for further hearing, we con­ cluded, therefore, that the inclusion of of Eastern’s restriction prohibiting sin­ clude that new applicants for turn­ such issues would change the nature and gle-plane service between Tampa/St. around services should be heard. focus of the proceeding and would un­ Petersburg/Clearwater and Seattle/Port­ Some of the applications request au­ duly expand and delay its resolution. land be and it hereby is denied. thority beyond the geographical area Tampa has not shown any valid reasons 5. That ordering paragraph 6 of Or­ tinder consideration.2 We carefully con­ for including the issue of removal of der E-24970 be and it hereby is amended sidered numerous requests to expand Eastern’s restriction in the reopened pro­ to read^as follows: the area of investigation at the time we ceeding. On the contrary, it is clear that 6. That any awards made as a result issued our amended order of consolida­ inclusion of this issue would unduly ex­ ;of the reopened proceeding will be sub­ tion. We declined to expand the case at pand the proceeding by bringing in addi­ ject to (1) the same restrictions set forth that time to include service to Nevada, tional applications for long-haul service in paragraph 3 of Order E-21186, as Memphis, Phoenix, and other points in and would result in delaying its final •amended by Order E-21737, except that Florida, Montana, and Canada because disposition. Tampa’s motion will there­ flights may originate or terminate at the primary purpose of the investigation fore be denied. Denver, Colo., or Salt Lake City, Utah, was to explore the long-haul transporta­ We have decided to modify Order :ahd (2) a restriction which prohibits É-24970 by providing that any award single-plane service between Kansas ,City7St. LOUis and Seattle/Portland via irThe limited St. Louis service question is granted as a result of this proceeding whether, if a carrier is authorized to provide shall be made subject to a restriction -Denver and/or Salt Lake City. Kansas City-Seattle/Portland nonstop serv­ which prohibits single-plane service be- 6. That, except to the extent granted ice, such carrier should also he authorized, •herein, all motions, petitions, and re­ to provide service between St. Louis and quests for relief be and they hereby a Seattle/Portland, subject to a mandatory 8 Pacific filed a motion for permission to denied. file its application after the out-off date. stop at Kansas City. 7. That this order be published in the 2 The applications of Bonanza in Docket Pacific recognizes that its request to serve 18526, and Pacific in Dockets 18593 and Reno is outside the scope of this proceeding, F ederal R e g ister . 18594, and the petition for air service filed but requests that its application be con­ By the Civil Aeronautics Board. by Memphis in Docket 18521, are outside the solidated if Bonanza’s application to serve scope of this investigation. Ozark’s applica­ Reno is included. We will grant Pacific's re­ [ s e a l] M abel M cC art, tion in Docket 18527, insofar as it seeks new quest for permission to file its application Acting Secretary. late, but will deny its motion to consolidate route authority between St. Louis and Port- [P.R. Doc. 67-7294; Piled, June 27, 1967; land/Seattle, is also beyond the scope of the since its application involves service beyond 8:49 a.m.] reopened proceeding. the scope of this case.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9181

[Docket No. 18712] Issued: June 22, 1967. Maritime Commission General Order 20 WASHINGTON-BALTIMORE AIRPORT Released: June 22,1967. (46 CFR Part 540) that a certificate of INVESTIGATION financial responsibility for indemnifica­ F ederal C ommunications Notice of Prehearing Conference C o m m is s io n , tion of passengers for nonperformance [ s e a l ] B e n F. W a p l e , of transportation has been issued to the Notice is hereby given that a prehear­ Secretary. following: ing conferencev in the above-entitled [F.R. Doc. 67-7298; Piled, June 27, 1967; Continental Cruise Lines, Inc./Jamaica investigation is assigned to be held on 8:49 a.m.] Shipping Lines, Ltd., Certificate No. P-53, July 13, 1967, at 10 a.m., e.d.s.t., in Room Effective Date: June 22, 1967. 1027, Universal Building, 1825 Connecti­ Canadian National RaUway Co. (Canadian National Railways) r Certificate No. P-54, cut Avenue N W , Washington, D.C., be­ Effective Date: June 22, 1967. fore Examiner Ross I. Newmann. FEDERAL MARITIME COMMISSION Dated: June 23,1967. Dated at Washington, D.C., June 22, CHESAPEAKE AND OHIO RAILWAY 1967. CO. T h o m a s L i s i , Secretary. [ s e a l ] F r a n c is W. B r o w n , Security for Protection of the Public; [F R . Doc. 67-7323; Filed, June 27, 1967; Chief Examiner. Issuance of Casualty Certificate 8:51 a.m.] [F.R. Doc. 67-7295; Piled, June 27, 1967; Notice is hereby given that pursuant 8:49 a.m.] to the provisions of section 2, Public Law •AMERICAN EXPORT ISBRANDTSEN 89-777 (80 Stat. 1356, 1357) and Federal LINES AND MICRONESIAN LINE Maritime Commission General Order 20 FEDERAL COMMUNICATIONS (46 CFR Part 540) that a certificate of Notice of Agreement Filed for financial responsibility to meet liability Approval incurred for death or injury to passen­ COMMISSION gers or other persons on voyages for Notice is hereby given that the follow­ [Docket Nos. 16786,17008; FCC 67M-1040] nonperformance of transportation of ing agreement has been filed with the voyages has been issued to the following: Commission for approval pursuant to MIDWEST TELEVISION, INC. (KFMB- section 15 of the Shipping Act, 1916, as The Chesapeake & Ohio Railway Co., Certifi­ TV), AND AMERICAN TELEVISION cate No. C—1,001, Effective Date: August amended (39 Stat. 733, 75 Stat. 763, 46 RELAY, INC. 7, 1967. U.S.C. 814). Dated: June 23,1967. Interested parties may inspect and ob­ Order Scheduling Hearing tain a copy of the agreement at the T h o m a s L i s i , In the matter of the petition of Mid­ Secretary. Washington office of the Federal Mari­ west Television, Inc. (KFM B-TV) San time Commission, 1321 H Street NW., [P.R. Doc. 67-7321; Piled, June 27, 1967; Room 609; or may inspect agreements at Diego, Calif., Docket No. 16786, for im­ 8:51 a.m.] mediate temporary and for permanent the office of the District Managers, New relief against extension of. service of York, N.Y., New Orleans, La., and San CATV systems carrying signals of Los CITIZENS AND SOUTHERN NATIONAL Francisco, Calif. Comments with refer­ Angeles stations into the San Diego area; BANK ET AL. ence to an agreement including a request and m re application of American T ele-. for hearing, if desired, may be submitted vision Relay, Inc., Escondido, Calif., Security for Protection of the Public; to the Secretary, Federal Maritime Com­ Docket No. 17008, File No. 725-C1-P-66, Application for Casualty Certificate mission, Washington, D.C. 20573, within 20 days after publication of this notice for construction permit for new point-to- Notice is hereby given that pursuant to point microwave radio station. in the F ederal R e g ist e r . A copy of any the provisions of section 2, Public Law such statement should also be forwarded A hearing conference having been held 89-777 (80 Stat. 1357, 1358) and Federal on June 22,1967: to the party filing the agreement (as in­ Maritime Commission General Order dicated hereinafter) and the comments It is ordered, That hearing herein 20, Amendment 2 (46 CFR Part 540) the should indicate that this has been done. shall convene on July 10, 1967, at 9 a.m., following persons have applied to the Notice of agreement filed for approval in the offices of the Commission at Wash­ Federal Maritime Commission for a cer­ by: ington, D.C. tificate of financial responsibility to meet Mr. D. G. Aldridge (for American Export Issued: June 22, 1967. liability incurred for death or injury to passengers or other persons on voyages: Isbrandtsen Lines), Vice President, Freight Released: June 22, 1967. Traffic, American Export Isbrandtsen Line, The Citizens & Southern National Bank Inc., 26 Broadway, New York, N.Y. 10004. (“The C&S National Bank”) . F ederal C ommunications John Mason, Esq. (for Micronesian Line), Det Bergenske Dampskibsselskab, Bergen C o m m is s io n , Ragan & Mason, The Farragut Building, Steamship Co., Inc. (Bergen Line). 900 Seventeenth Street NW., Washington, Fseal] B e n F. W a p l e , Okeania S. A. (Chandris Lines). Secretary. D.C. 20006. Dated: June 23, 1967. [P.R. Doc. 67-7297; Piled, June 27, 1967; Agreement 9636, between American 8:49 a.m.] T h o m a s L i s i , Export Isbrandtsen Lines (AEIL) and Secretary. Micronesian Line (M L) covers the trans­ [P R . Doc. 67-7322; Piled, June 27, 1967; portation of general cargo under through [Docket No. 17050; FCC 67M-1041] 8:51 aon.] bills of lading between Atlantic, Gulf, WESTERN NORTH CAROLINA and Pacific coast ports of the U.S. served BROADCASTERS, IN C by AEIL and ports in the Trust Territory CONTINENTAL CRUISE LINES, INC./ of the Pacific served by ML with trans­ Order Continuing Hearing JAMAICA SHIPPING LINES, LTD., shipment at Yokohama and/or Kobe, AND CANADIAN NATIONAL RAIL­ Japan, under terms and conditions set In re application of Western North forth in said agreement. ^rphna Broadcasters, Inc., Docket No. WAY CO. (CANADIAN NATIONAL 7050, File No. BR-2977; for renewal of RAILWAYS) Dated: June 23,1967. ncense of Station W W IT, Canton, N.C. Security for Protection of the Public; By order of the Federal Maritime Commission. tion^ Hear*ng Examiner’s own mo- Issuance of Performance Certificate T h o m a s L i s i , or^ere^y That the hearing now Notice is hereby given that pursuant Secretary. scneduled to reconvene on July 11, 1967, to the provisions of section 3, Public Law is continued to July 12, 1967, at 10 a.m. [P.R. Doc. 67—7324; Piled, June 27, 1967; 89-777 (80 Stat. 1357, 1358) and Federal 8:51 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I- 9182 NOTICES

AMERICAN PRESIDENT LINES, LTD., the offices of the District Managers, New alty overtime charges are proportionately York, N.Y., New Orleans, La., and San unsupported by costs. AND MICRONESIAN LINE Francisco, Calif. Comments with refer­ The Commission has reviewed the pro­ Notice of Agreement Filed for ence to an agreement including a request test and is of the opinion that the mat­ Approval for hearing, if desired, may be submitted ter should be made the subject of a to the Secretary, Federal Maritime Com­ formal investigation to determine wheth­ Notice is hereby given that the follow­ mission, Washington, D.C. 20573, within er the new rates contained in the tariffs ing agreement has been filed with the 20 days after publication of this notice of the elevator operator are contrary to Commission for approval pursuant to in the F ederal R eg ister . A copy of any section 17 of the Shipping Act, 1916. section 15 of the Shipping Act, 1916, as such statement should also be forwarded Inasmuch the present rates are under amended (39 Stat. 733, 75 Stat. 763, 46 to the party filing the ‘agreement (as review by the Commission in Docket No. U.S.C. 814). indicated hereinafter), and the com­ 66-48 and because the Commission’s de­ Interested parties may inspect and ob­ ments should indicate that this has been cision in this proceeding deals with the tain a copy of the agreement at the done. validity of the service and facilities Washington office of the Federal Mari­ Notice of supplemental agreement filed charge and the reasonableness of other time Commission, 1321 H Street NW., for approval by: charges contained in the tariffs of the Room 609; or may inspect agreements at Mr. Norman E. Sutherland, White, Suther­ elevator operators, we are assigning this the office of the District Managers, New la n d and Gilbertson, 1200 Jackson Tower, proceeding as Docket No. 66-48, Sub 1. York, N.Y., New Orleans, La., and San Portland, Oreg. 97205. Now therefore, it is ordered, That the Francisco, Calif. Comments with refer­ Agreement No. T-1419-1 between the Commission on its own motion, enter ence to an agreement including a request upon an investigation and hearing pur­ for hearing, if desired, may be submitted members of the Pacific Northwest Tide­ water Elevators Association (Associa­ suant to section 22 of the Shipping Act, to the Secretary, Federal Maritime Com­ 1916, to determine whether the rates, mission, Washington, D.C. 20573, with­ tion) amends the original agreement which provides for the establishment and rules and regulations contained in the in 20 days after publication of this notice tariffs of the elevator operators consti­ in the F ederal R eg ist e r . A copy of any maintenance of rates, rules and regula­ tions for services provided to water tute unjust or unreasonable practices in such statement should also be forwarded violation of section 17; to the party filing the agreement (as in­ carriers. The . modification extends the authority of the Association to establish It is further ordered,, That the parties dicated hereinafter) and the comments named in Appendix A, set forth below, should indicate that this has been done. and maintain rates, rules and regulations for services provided to cargo owners. are hereby made respondents in this pro­ Notice of agreement filed for approval ceeding; and Portland Steamship Opera­ by: Dated: June 23,1967. tors Association is hereby designated as Mr. D. J. Morris (for APL), American Presi­ By order of the Federal Maritime petitioner; and dent Lines, 601 California Street, San Commission. It is further ordered, That the proceed­ Francisco, Calif. 94108. T h o m a s L i s i , ing herein ordered be assigned for hear­ John Mason, Esq. (for Micronesian Line), ing before an examiner of the Commis­ Ragan & Mason, Attorneys at Law, The Secretary. sion’s Office of Hearing Examiners at a Farragut Building, 900 Seventeenth Street [F.R. Doc. 67-7326; Filed, June 27, 1967; NW., Washington, D.C: 20006. 8:52 a.m.j date and place to be hereafter deter­ mined and announced by the Chief Ex­ Agreement 9585, between American aminer; and President Lines, Ltd. (A P L ), and Micro­ [Docket No. 66-48, Sub 1] It is further ordered, That persons nesian Line (M L) covers the transporta­ other than respondents, petitioners, and tion of general cargo under through bills PACIFIC NORTHWEST TIDEWATER Hearing Counsel who desire to become of lading between Atlantic, Gulf, and ELEVATORS ASSOCIATION parties in this proceeding and to par­ Pacific coast ports of the U.S. rerved by Rates and Practices; Order of ticipate therein shall file a petition to APL and ports in the Trust Territory intervene with the Secretary, Federal of the Pacific served by ML with trans­ Investigation and Hearing Maritime Commission, Washington, D.C. shipment at Yokohama and/or Kobe, 20573, on or before July 10, 1967, with Japan, under terms and conditions set By order served August 16, 1966, the Commission entered upon an investiga­ copy to each respondent; and forth in said agreement. tion of rates, rules, and regulations con­ It is further ordered, That all future Dated: June 23,1967. tained in tariffs of members of the Pa­ notices issued by or on behalf of the Commission in this proceeding, includ­ By order of the Federal Maritime cific Northwest Tidewaters Elevators ing notice of time and place of hearing Commission. Association (elevator operators) to de­ termine whether such rates, rules, and shall be mailed directly to all parties of T h o m a s L i s i , regulations were contrary to section 17 record. Secretary. of the Shipping Act, 1916. By the Commission. [F.R. Doc. 67-7325; Filed, June 27, 1967; By new tariffs and tariff amendments, 8:51 a.m.j the elevator operators have increased [ se al] T h o m as L is i, Secretary. their service and facilities charges and labor charges, effective July 1, 1967. A p p e n d ix A PACIFIC NORTHWEST TIDEWATER The Portland Steamship Operators’ Archer-Daniels-Midland Co., 601 Board of ELEVATORS ASSOCIATION Association (petitioners) filed a protest Trade Building, Post Office Box 310, Port­ Notice of Supplemental Agreement and petition for investigation of the new land, Oreg. 97207. Cargill, Inc., Lewis Building, Portland, Oreg. Fjled for Approval rates. They allege, among other things, that no part of the service and facilities Continental Grain Co., Lewis Building, Port­ Notice is hereby given that the follow­ charges of the elevator operators con­ land, Oreg. Louis Dreyfus Corp., LDC Dock and Elevator, ing agreement has been filed with the tained in their April 1, 1966, tariffs is Foot of North Holladay Street, Portland, Commission for approval pursuant to supported by actual and legitimate costs. . Oreg. 97230. section 15 of the Shipping Act, 1916, as They urge that while the new increases Harbor Island Dock Co., 3235 16th Aven amended (39 Stat. 733, 75 Stat. 763, 46 may be motivated by legitimate cost con­ SW., Seattle, Wash. 98134. U.S.C. 814). siderations, they believe the cost base is North Pacific Grain Growers, Inc., 400 Worm Interested parties may inspect and ob­ invalid and therefore the new increases Trade Building, Portland, Oreg. 97294. tain a copy of the agreement at the are likewise invalid and result in an un­ Peavey Co., 1100 Board of Trade Building, Washington office of the Federal Mari­ reasonable practice in violation of section Portland, Oreg. 97207. time Commission, 1321 H Street NW., 17 of the Shipping Act, 1916. They [F.R. Doc. 67-7327; Filed, June 27, 1967; Room 609; or may inspect agreements at further urge that the overtime and pen­ 8:52 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9183

[Docket No.' 67-41] 2. The parties have instituted and are Fab re Line, 2 Broadway, New York, N.Y. NORTH ATLANTIC MEDITERRANEAN maintaining an unapproved dual-rate 10004. system in violation of section 14b; and French Line, 17 Battery Place, New York, FREIGHT CONFERENCE 3. The parties are implementing their N.Y. 10004. Fresco Line, 21 West Street, New York, N.Y. Special Rates to Alexandria and Port presently approved dual-rate system in 10006. Said; Order To Show Cause a manner which is not available to all Hansa Line, 21 West Street, New York, N.Y. shippers and consignees on equal terms 100Ó6. On December 30, 1966, the North At­ and conditions, in violation of section Hellenic Lines, Ltd., 39 Broadway, New York, lantic Mediterranean Freight Conference 14b. N.Y. 10006. made a temporary tariff filing of 3d It is further ordered, That the parties Hoegh Lines, 25 Broadway, New York, N.Y. revised page 157 and original page 157a to Agreement 9548 show cause why 3d 10004. to its tariff No. 9—FMC-2. On January Revised page 157 and original page 157a Isthmian Lines, Inc., 90 Broad Street, New 12, 1967, the temporary filing was super­ York, N.Y. 10004. of their tariff No. 9, FMC-2, should not Italian Line, 1 Whitehall Street, New York, seded by a permanent filing. The matter be rejected as violative of section N.Y. 10004. covered by these filings became effective 18(b) (3) of the Act in that such filings National Hellenic American Line, c/o Chan- January 2, 1967. Under the provisions of constitute a device for giving a re­ dris Lines, Inc., 17 Battery Place, New York, the newly filed item, shipments “ account bate or a remission of charges otherwise N.Y. 10004. United Arab Co. for Maritime Transport applicable. Orient Mid-East Lines, c/o Eagle Ocean and Agencies (M ARTRANS),” destined It is further ordered, That, this pro­ Transport, Inc., General Agents, 29 Broad­ to Alexandria and Port Said, U.A.R., ceeding shall be limited to the submis­ way, New York, N.Y. 10006. Prudential Lines, Inc., 1 Whitehall Street, would receive certain reductions from the sion of affidavits, memoranda, and oral current tariff rates. It is noted that para­ New York, N.Y. 10004. argument. The affidavits of fact and States Marine Lines, 90 Broad Street, New graph A (e) on page 157 fixes reductions memoranda of law shall be filed by re­ York, N.Y. 10004. on “open” rated commodities. spondents no later than close of business Torm Lines, 85 Broad Street, New York, N.Y. The minutes of conference meeting No. July 13, 1967, replies thereto shall be 10004. 107, held January 12, 1967, show that filed by Hearing Counsel and inter­ Zim Israel Navigation Co., Ltd., 42 Broadway, MARTRANS signed a conference Mer­ veners, if any, no later than close of New York, N.Y. 10004. chant’s Freight Contract committing it­ business July 27, 1967. An original and [F.R. Doc. 67-7328; Filed, June 27, 1967; self to ship exclusively on conference 15 copies of affidavits of fact, memo­ 8:52 a.m.] vessels in the North Atlantic-Mediter­ randa of law, and replies are required to ranean. be filed with the Secretary, Federal In Docket 66-3, “ Contract between the Maritime Commission, Washington, D.C. North Atlantic Mediterranean Freight 20573. Copies of any papers filed with SECURITIES AND EXCHANGE Conference and the United Arab Co. for the Secretary should also be served upon Maritime Transport (M ARTRANS)the all parties hereto. Oral argument will COMMISSION Commission found that an agreement be­ be heard at a time and place to be tween the conference members to enter announced. CHEMALLOY MINERALS, LTD. into a special rate contract with M AR­ It is further ordered, That the North Order Suspending Trading TRANS was not an interstitial or routine Atlantic ^Mediterranean Freight Con­ operation under Conference Agreement ference and its member lines as indi­ J u n e 22, 1967. 7980 (now 9543). The subject tariff items cated in Appendix A below are hereby In the matter of trading in securities seem to be but another method of accom­ made respondents in this proceeding. of Chemalloy Minerals, Ltd., Toronto, plishing the same objective and may be I t is further ordered, That this order Ontario, Canada. indicative of the carrying out of an un­ be published in the F ederal R egister It appearing to the Securities and approved agreement in violation of sec­ and a copy of such order be severed upon Exchange Commission that the summary tion 15 of the Shipping Act, 1916. The each respondent. suspension of trading in the common fixing of special rates by the conference Persons other than respondents and shares being traded otherwise than on a on “open” rated commodities may also Hearing Counsel who desire to become national securities exchange is required be a rate-making action which resulted a party to this proceeding shall file a in the public interest and for the protec­ from an unfiled and unapproved agree­ petition for leave to intervene in ac­ tion of investors; ment among the conference members. cordance with Rule 5 (n) (46 CFR 201.74) The special rates, together with the It is ordered, Pursuant to section of the Commission’s rules of practice and 15(c) (5) of the Securities Exchange Act exclusivity features of the dual-rate procedure no later than the close of contract signed by MARTRANS, may of 1934, that trading in such securities business July 3, 1967, with copy to otherwise than on a national securities result in a dual-rate system, otherwise Respondents. subject to the provisions of section 14b exchange be summarily suspended, this of the Act, which has not been approved By the Commission. order to be effective for the period June by the Commission and which may be 22, 1967, through June 27, 1967, both [ s e a l] T h o m a s L i s i , dates inclusive. inconsistent with and different from Secretary. the approved dual-rate system available A p p e n d ix A By the Commission. to all other contract shippers in the con­ ference trade, in violation of that NORTH ATLANTIC MEDITERRANEAN FREIGHT [ s e a l ] O rval L . D u B o is , Portion of section 14b that requires dual­ CONFERENCE Secretary. rate contracts to be “available to all Mr. D. M. MacNeil, Chairman, 17 Battery [F.R. Doc. 67-7261; Filed, June 27, 1967; shippers and consignees on equal terms Place, New York, N.Y. 10004. 8:46 ajn.] and conditions.” MEMBERS The tariff items may also be deemed [File No. 1-2618] to be a device which would give American' Export Isbrandtsen Lines/First Atomic Ship Transport, Inc., 39 Broadway, MARTRANS a rebate or a remission New York, N.Y. 10006. GOLDFIELD CORP. from charges otherwise applicable in Blue Sea Line, 25 Broadway, New York, N.Y. Order Suspending Trading violation of section 18(b) of the Act. 10004. It is therefore ordered, That, pursuant Central G u lf Lines, 1 Whitehall Street, New J u n e 22, 1967. to the provisions of sections 14b, 15, and York, N.Y. 10004. In the matter of trading in securities 22 of the Shipping Act, 1916, the parties Concordia Line, 90 Broad Street, New York, of The Goldfield Corp., File No. 1-2618. to Agreement 9548 show cause why the N.Y. 10004. ConsteUation Line, 85 Broad Street, New The Capital Stock, listed and regis­ Commission should not find that: York, N.Y. 10004. tered on the San Francisco Mining Ex­ h The parties have carried out unfiled Djakarta Lloyd, P.N., c/o Texas Transport & change and having unlisted trading and unapproved agreements in violation Terminal Co., 52 Broadway, New York, N.Y. privileges on the American Stock Ex­ of section 15; 10004. change pursuant to provisions of the

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9184 NOTICES

Securities Exchange. Act of 1934, being to register unless exempted pursuant to For the Commission (pursuant to dele­ traded otherwise than on a national section 6(c) of tne Act. Section 6(c) of gated authority). securities exchange; and the Act provides, among other things, [ s e a l] O rval L. D u B o is , It appearing to the Securities and that the Commission, by order upon ap­ Secretary. Exchange Commission that the summary, plication, may conditionally or uncon­ ditionally exempt any person from any [F.R. Doc. 67-7263; Filed, June 27, 1967; suspension of trading in such securities 8:46 a.m.] on such Exchanges and otherwise than provision or provisions of the Act or of on a national securities exchange is any rule or regulation thereunder, if and required in the public interest and for the to the extent that such exemption is nec­ protection of investors; essary or appropriate in the public in­ SMALL BUSINESS It is ordered, Pursuant to sections terest and consistent with the protection 15(c) (5) and 19(a) (4) of the Securities of investors and the purposes fairly in­ ADMINISTRATION Exchange Act of 1934, that trading in tended by the policy and provisions of [Declaration of Disaster Loan Area 622] such securities on the American Stock the Act. Exchange, the San Francisco Mining Applicant states that it is a quasi-pub­ PENNSYLVANIA Exchange, and otherwise than on a na­ lic organization, organized without profit tional securities exchange be summarily motive and exclusively for the benefit of Declaration of Disaster Loan Area suspended, this order to be effective for the economic well being of New York City and no profits or other return on in­ Whereas, it has been reported that the period June 22, 1967, through June during the month of June 1967, because 27, 1967, both dates inclusive. vestment will inure to the benefit of any person constituting the management or of the effects of certain disasters, damage By the Commission. membership in the corporation. Appli­ resulted to residences and business cant further states that the securities to property located in Cheltenham Town-1 [ s e a l ] O rval L. DuBois, ship, Montgomery County, in the State Secretary. be issued by applicant will not be gen­ erally distributed to, or traded in, by the of Pennsylvania; [F.R. Doc. 67-7262; Filed, June 27, 1967; general public. It is anticipated by appli­ Whereas, the Small Business Adminis­ 8:46 a.m.] cant that its securities will be issued to tration has investigated and has received and retained in the portfolio of substan­ other reports of investigations of condi­ [812-2136] tial sophisticated investors whose moti­ tions in the areas affected; vation in making an investment in ap­ Whereas, after reading and evaluating NEW YORK CITY COMMERCIAL plicant is to stimulate the local economy reports of such conditions, I find that DEVELOPMENT CORP. with hope of indirect rather than direct the conditions in such areas constitute a catastrophe within the purview of the Notice of Filing of Application for Or­ reward. Applicant states that the nature of applicant and of its proposed opera­ Small Business Act, as amended. der Exempting Company From the tion is such that its regulation under the Now, therefore, as Administrator of the Act Act is not necessary to accomplish the Small Business Administration, I here­ by determine that: J u n e 22,1967. purposes of the Act and that applicant should be granted an exemption from all 1. Applications for disaster loans un­ Notice is hereby given that New York provisions of the Act pursuant to section der the provisions of section 7(b) (1) of City Commercial Development Corp. 6(c) thereof. the Small Business Act, as amended, may (“ applicant” ) , 415 Madison Avenue, New be received and considered by the Of­ York, N.Y. 10017, a nonprofit corpora­ Notice is further given that any inter­ fice below indicated from persons or tion organized under the New York ested person may, not later than July 10, firms whose property, situated in the Membership Corporation Law, has filed .1967 at 5:30 p.m., submit to the Com­ aforesaid Township of Cheltenham and an application pursuant to section 6(c) mission in writing a request for a hear­ areas adjacent thereto, suffered damage of the Investment Company Act of 1940 ing on the matter accompanied by a or destruction resulting from flash floods (“Act” ) for an order exempting appli­ statement as to the nature of his in­ occurring on June 19, 1967. terest, the reason for such request and cant from all provisions of the Act. All O ff ice interested persons are referred to the the issues of fact or law proposed to be application which is on file with the controverted, or he may request that he Small Business Administration Regional Of­ Commission, for a statement of the rep­ be notified if the Commission should fice, 1015 Chestnut Street, Philadelphia, resentations therein, which are summar­ order a hearing thereon. Any such com­ Pa. 19107. ized below. munication should be addressed: Secre­ 2. Applications for disaster loans under Applicant represents that it will par­ tary, Securities ?ind Exchange Commis­ the authority of this Declaration will not ticipate with various governmental in­ sion, Washington, D.C. 20549. A copy of be accepted subsequent to December 31, strumentalities to advance the economic such request shall be served personally 1967. or by mail (air mail if the person being interests of the community and the resi­ Dated: June 21,1967. dents of New York City. Its primary pur­ served is located more than 500 miles pose will be to stimulate new commerce from the point of mailing) upon appli­ B ernard L. B o u t in , and industry within New York City by cant at the address stated above. Proof of Administrator. making and participating in long term such service (by affidavit or in case of an attorney at law by certificate) shall be [F.R. Doc. 67-7264; Filed, June 27, 1967; loans to persons, firms or organizations 8:46 a.m.] for the purchase of fixed assets. filed contemporaneously with the request. At any time after said date, as provided Applicant proposes to offer for sale $4 by Rule 0-5 of the rules and regulations million principal amount of 5Vfe percent promulgated under the Act, an order dis­ INTERSTATE COMMERCE Subordinated Income Debentures which posin g of the application herein may be will be registered with the Commission issued by the Commission upon the basis COMMISSION under the Securities Act of 1933. No com­ of the information stated in said ap­ missions, compensation or expenses will plication, unless an order for hearing [Notice 1078] be paid to anyone in connection with the upon said application shall be issued sale of these securities. MOTOR CARRIER APPLICATIONS AND upon request or upon the Commission’s CERTAIN OTHER PROCEEDINGS Since applicant will be engaged in the own motion. Persons who request a hear­ business of investing and since it pro­ ing or advice as to whether a hearing is J u n e 23, 1967. poses to acquire investment securities ordered, will receive notice of further The following publications are gov­ having a value exceeding 40 percent of developments in this matter, including erned by Special Rule 1.247 of the Com­ its total assets, applicant is an invest­ mission’s rules of practice, published m ment company within the definition of the date of this hearing (if ordered) and section 3(a) of the Act and is required any postponements thereof. the F ederal R egister issue of April

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9185

1966, which became effective, May 20, Road), and thence over Graham Road foreign commerce, as a common carrier 1966. to Medical Lake, serving all intermediate by motor vehicle, over regular and ir­ The publications hereinafter set forth points, applicant stating an intention to regular routes, of general commodities reflect the scope of the applications as tack with existing authority over regular (except those of unusual value, classes A filed by applicant, and may include de­ routes between Spokane and Millwood- and B explosives, household goods as de­ scriptions, restrictions, or limitations Pasadena and between Spokane and fined by the Commission, commodities in which are not in a form acceptable to Coeur d’Alene. bulk, commodities requiring special the Commission. Authority which ulti­ An order of the Commission, Operating equipment, and those injurious or con­ mately may be granted as a result of the Rights Board No. 1 dated June 9, 1967, taminating to other lading). Regular applications here noticed will not neces­ and served June 16, 1967, finds that the routes: (1) Between Bangor and Prince­ sarily reflect the phraseology set forth evidence of record in this proceeding fails ton, Maine; from Bangor over Alternate in the application as filed, but also will to disclose whether applicant is in com­ U.S. Highway 1 to junction U.S. High­ eliminate any restrictions which are not pliance with the pertinent statutory way 1 at Ellsworth, Maine, thence over acceptable to the Commission. requirements relative to the management U.S. Highway 1 to Milbridge, Maine, and control of applicant in a common Applications A s sig n e d for O ral H ear ing thence over U.S. Highway 1 to Harring­ interest with Okanogan Valley Bus ton Maine (also from Milbridge over MOTOR CARRIERS OF PROPERTY Lines, Inc.; and that the present and Alternate U.S. Highway 1 to Harrington, No. MC 112801 (Sub-No. 70) (Republi­ future public convenience and necessity Maine), thence over U.S. Highway 1 to cation)» filed May 17, 1967, published require operation by applicant, in inter­ Jonesboro, Maine, thence over U.S. High­ state or foreign commerce, as a common in Federal R egister issue of June 8, way 1 to Machias, Maine (also from 1967, and republished this issue. Appli­ carrier by motor vehicle, of passengers Jonesboro over Alternate U.S. Highway cant: TRANSPORT SERVICE CO., a and their baggage, express and news­ 1 to Machias), thence over U.S. Highway corporation, 5100 West 41st Street, papers in the same vehicle with passen­ 1 to Princeton, and return over the same Chicago, HL Applicant’s representative: gers, (1) in round-trip special operations, route, serving the intermediate points of beginning and ending at Spokane and Robert H. Levy, 29 South La Salle Street, Machias, East Machias, Whiting, Den- Millwood, Wash., and extending to Chicago, 111. 60603. Authority sought nysville, Perry, North Perry, Robbinston, to operate as a common carrier, by motor Schweitzer Basin Ski Area, Idaho (near Red Beach, Calais, Baring, and Bailey- vehicle, over irregular routes, transport­ Sandpoint, Idaho) and Farragut State ville (W oodland), Maine, and the off- Park, Idaho (on Pend Oreille Lake, near ing: Liquid acids, in bulk, in tank vehi­ route points of West Lubec, Lubec, Athol, Idaho, and (2) regular routes cles, from the plantsite of Central Chem­ Quoddy, and Eastport, Maine. between Spokane, Wash., and Medical ical, division of Wilson & Co., located at (2) Between Bangor, Maine, and Lake, Wash., from Spokane over U.S. or near Elwood, HI., to points in Wiscon­ junction Maine Highway 9 and U.S. Highway 2 to junction Graham Road sin. N o t e : The purpose of this republica­ Highway 1 at or near Baring, Maine (Spokane County Road), thence over tion is to reflect the hearing information. over Maine Highway 9, serving no inter­ HEARING: July 18, 1967, in Room Graham Road to Medical Lake, and mediate points, and serving junction 1086A, Ü.S. Courthouse and Federal return over the same route, serving all Maine Highway 9 and U.S. Highway 1 for Office Building, 219 South Dearborn intermediate points; that applicant is purposes of joinder only, (3) between Street, Chicago, HL, before Joint Board fit, willing, and able properly to perform junction U.S. Highway 1 and Maine No. 13, or if the Joint Board waives its such service and to conform to the re­ Highway 182 at or near Ellsworth, Maine rights to participate, before Examiner quirements of the Interstate Commerce and Cherryfield, Maine over Maine James C. Cheseldine. Act and the Commission’s rules and Highway 182, serving no intermediate regulations thereunder; that a certificate points, and serving junction U.S. High­ No. MC 29948 (Sub-No. 4) (Republica­ authorizing such operations should be way 1 and Maine Highway 182 and tion), filed February 24, 1967, published granted, subject to the condition that Cherryfield for the purpose of joinder Federal R egister issue of March 9, 1967, the person who controls the operations only, (4) between East Machias and and republished this issue. Applicant: both of applicant and of Okanogan Baring, Maine over Maine Highway 191, EMPIRE LINES, INC., Post Office Box Valley Bus Lines, Inc., shall first obtain serving no intermediate points, and (5) 2205, West 1125 Sprague Avenue, Spo­ approval of such 'control under the provi­ between Bangor and Millinocket, Maine; kane, Wash. 99210. Applicant’s repre­ sions of section 5(2) of the act, or, if from Bangor over U.S. Highway 2 to sentative: Lawrence W. Thayer, 902 such approval is not needed, shall so in­ Mattawamkeag, thence over Maine Paulsen Building, Spokane, Wash. 99201. form the Commission by affidavit. Highway 157 to Medway, thence over By application filed February 24, 1967, Because it is possible that other persons, Maine Highway 157 (also over Maine applicant seeks a certificate of public who have retied upon the notice of the Highway 11) to Millinocket, and return convenience and necessity authorizing application as published, may have an over the same route, serving the inter­ operation, in interstate or foreign com­ interest in and would be prejudiced by mediate point of East Millinocket, merce, as a common carrier by motor the lack of proper notice of the authority Maine. Irregular route: Between Bangor, vehicle, over irregular routes, of passen­ described in the findings in this order, Maine, on the one hand, and, on the gers and their baggage, and express, a notice of the authority actually granted other, points in Washington County, newspapers, and maiL in the same vehicle will be published in the F ederal R egister Maine (except points on the described with passengers, (1) between Millwood- and issuance of a certificate in this pro­ regular routes in (1), (2), (3), and (4) Pasadena, Wash., and Schweitzer Basin ceeding will be withheld for a period of above). Ski Area, Idaho, from Millwood-Pasa- 30 days from the date of such publica­ N o te : Applicant states it intends to dena over Washington Highway 290 to tion, during which period any proper tack at Bangor, Maine, with presently the Idaho-Washington State line, thence party in interest may file a petition to held authorized regular route authority, over Idaho Highway 53 to junction U.S. reopen or for other appropriate relief to serve points in Washington County, Highway 95, thence over U.S. Highway setting forth in detail the precise man­ Maine. An order of the Commission, Op­ 95 to Sandpoint, Idaho, and thence over ner in which it has been so prejudiced. erating Rights Board No. 1 dated May unnumbered highway to Schweitzer No. MC 93682 (Sub-No. 16) (Republi­ 31, 1967, and served June 16, 1967, as Basin Ski Area, serving no intermediate cation) , filed January 23, 1967, published modified, finds that the present and Points, (2) between Coeur d’Alene, Idaho, F ederal R egister issue of February 9, future public convenience and necessity and Farragut State Park on Pend Oreille 1967, and republished this issue. Appli­ require operation by applicant, in inter­ Lake, Idaho, from Coeur d’Alene over cant: COLE’S EXPRESS, a corporation, state or foreign commerce, as a common U.S. Highway 95 to Athol, Idaho, and 76 Dutton Street, Bangor, Maine. Appli­ carrier by motor vehicle, over regular thence over unnumbered highway to cant’s representative: Francis E. Bar­ routes, of general commodities (except Farragut State Park, serving no inter­ rett, 25 Bryant Avenue, East Milton, those of unusual value, classes A and B mediate points, and (3) between Spo­ Mass. 62186. By application filed Jan­ explosives, household goods as defined by kane, Wash., and Medical Lake, Wash., uary 23, 1967, applicant seeks a certifi­ the Commission, commodities requiring hom Spokane over U.S. Highway 2 to cate of public convenience and necessity special equipment) (1) between Bangor junction Graham Road (Spokane County authorizing operation, in interstate or and Princeton, Maine: From Bangor over

FH)ERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9186 NOTICES

Alternate U.S. Highway 1 to junction Transportation Building, Washington, with Interstate Highway 81 and over U.S. Highway 1 at Ellsworth, Maine, D.C. 20006. In the above-entitled pro­ Interstate Highway 81 between said thence over U.S. Highway 1 to Milbridge, ceeding, the examiner recommended the junction and Scranton, serving no inter-] Maine, thence over U.S. Highway 1 to issuance to applicant a certificate of pub­ mediate points, and restricted (l) Harrington, Maine (also from Milbridge lic convenience and necessity authorizing against the transportation of traffic orig­ over Alternate U.S. Highway 1 to Har­ operation in interstate or foreign com­ inating at or destined to Scranton or rington, M aine), thence over U.S. High­ merce, as a common carrier by motor Wilkes-Barre, Pa., Newark, N.J., or New way 1 to Jonesboro, Maine, thence over vehicle, over irregular routes, of (1) fer­ York, N.Y., and (2) against the transpor­ U.S. Highway 1 to Machias, Maine (also tilizer, limited to anhydrous ammonia, tation of traffic picked up at Bingham­ from Jonesboro over Alternate U.S. in bulk, in tank vehicles, from Lake ton on southbound trips or* discharged Highway 1 to Machias), thence over U.S. Charles, La., to points in Louisiana, at Binghamton «on northbound trips. Highway 1 to Princeton, and return over Texas, Oklahoma, Arkansas, and Missis­ A decision and order of the Commis­ the same route, serving the intermediate sippi. (2) fertilizer, fertilizer ingredients sion, Operating Rights Review Board points of Machias, East Machias, Whit­ and fertilizer materials, in bags, from Number 3, dated June 7,1967, and served ing, Dennysville, Perry, North Perry, Lake Charles, La., to points in Louisiana, June 15, 1967, as modified, finds opera­ Robbinston, Red Beach, Calais, Baring, Texas, Oklahoma, Arkansas, and Missis­ tion by applicant, in interstate or for­ and Baileyville (Woodland), Maine; (2) sippi, and (3) dry fertilizer, dry fertilizer eign commerce, as a common carrier between Bangor, Maine, and the junction ingredients and dry fertilizer materials, by motor vehicle over regular routes, of of Maine Highway 9 and U.S. Highway in bulk, in open-top vehicles, from Lake passengers and their "baggage and ex­ 1 at or near Baring, Maine, over Maine Charles, La., to points in Louisiana, press and newspapers in the same vehi­ Highway 9, serving no intermediate Texas, Oklahoma, Arkansas, and Missis­ cle with passengers, between Bingham­ points, and serving the junction of sippi. A Report of the Commission, Oper­ ton, N.Y., and Scranton, Pa.: From Maine Highway 9 and U.S. Highway 1 ating Rights Review Board No. 1, decided Binghamton over New York Highway 17 for purposes of joinder only; (3) between June 6, 1967, and served June 15, 1967, to junction Interstate Highway 81, the junction of U.S. Highway 1 and as amended, finds that the present and thence over Interstate Highway 81 to Maine Highway 182 at or near Ells­ future public convenience and necessity Scranton, and return over the same worth, Maine, and Cherryfield, Maine, require operation by applicant in inter­ route, serving no intermediate points, as over Maine Highway 182, serving no in­ state or foreign commerce, as a common an alternate route for operating con­ termediate points, and serving the junc­ carrier by motor vehicle, over irregular venience only, restricted against the tion of U.S. Highway 1 and Maine High­ routes, of (1) anhydrous ammonia, in transportation of passengers and, their way 182 and Cherryfield for the purpose bulk, in tank vehicles, from Lake Charles, baggage and of • shipments of express of joinder only. La., to points in Louisiana,, and (2) dry and newspapers (1) originating or in­ (4) Between East Machias and Bar­fertilizer, dry fertilizer ingredients, and terchanged at Binghamton on south­ ing, Maine, over Maine Highway 191, dry fertilizer materials, from Lake bound trips, and (2) destined to or inter­ serving no intermediate points; (5) be­ Charles, La., to points in Louisiana, changed at Binghamton on northbound tween Bangor and Millinocket, Maine: Texas, Oklahoma, Arkansas, and Missis­ trips; that applicant is fit, willing, and Prom Bangor over U.S. Highway 2 to sippi; that applicant is fit, willing, and able properly to. perform such service Mattawamkeag, thence over Maine able properly to perform such service and to conform to the requirements of Highway 157 to Medway, thence over and to conform to the requirements of the Interstate Commerce Act and the Maine Highway 157 (also over Maine the Interstate Commerce Act and the Commission’s rules and regulations Highway 11) to Millinocket, and return Commission’s niles and regulations thereunder. Because it is possible that over the same route, serving the inter­ thereunder. Because it is possible that other parties, who have relied upon the mediate point of East Millinocket, other persons, who have relied upon the notice of the application as published, Maine; (6) serving in (1) through (4) notice of the application as published, may have an interest in and would be above, all off-route points in Washington may have an interest in and would be prejudiced by the lack of proper notice County, Maine, and (7) all the authority prejudiced by the lack of proper notice of the authority described in the find­ contained in (1) through (6) above is of the authority described in the findings ings in this order, a notice of the author­ restricted to the transportation of traf­ in this order, a notice of the authority ity actually granted will be published in fic moving from, to, or through Bangor, actually granted will be published in the the F ederal R eg ister and issuance of a Maine; that applicant is fit, willing, and F ederal R e g ister and issuance of a cer­ certificate in this proceeding will be able properly to perform such service and tificate in this proceeding will be with­ withheld for a period of 30 days from the to conform to the requirements of the held for a period of 30 days from the date of such publication, during which Interstate Commerce Act and the Com­ date of such publication, during which period any proper party in interest may mission’s rules and regulations there­ period any proper party in interest may file a petition to reopen or for other ap­ under. Because it is possible that other file a petition to reopen or for other ap­ propriate relief setting forth in detail thé persons, who have relied upon the notice propriate relief setting forth in detail precise manner in which it has been so of the application as published, may the precise manner in which it has been prejudiced. have an interest in and would be preju­ so prejudiced. No. MC 116077 (Sub-No. 195) (Repub­ diced by the lack of proper notice of the No. MC 109736 (Sub-No. 24) (Repub­ lication) , filed February 14, 1966 pub­ authority described in the findings in lication), filed June 11, 1965, published lished F ederal R egister issue of March this order, a notice of the authority F ederal R egister issue of July 9, 1965, 10, 1966, and republished this issue. Ap­ actually granted will be published in the and republished this issue. Applicant: plicant: ROBERTSON TANK LINES, F ederal R egister and issuance of a cer­ CAPITOL BUS COMPANY, a corpora­ INC., 5700 Polk Avfenue, Post Office Box tificate in this proceeding will be with­ tion, Fourth and Chestnut Streets, Har­ 9527, Houston, Tex. Applicant’s repre- held for a period of 30 days from the risburg, Pa. Applicant’s representative: sentativé: Thomas E. James, 721 Brown date of such publication, during which James E. Wilson, Perpetual Building, Building, Austin, Tex. 78701. In the period any proper party in interest may 1111 E Street NW., Washington, D.C. above-entitled proceeding, the examiner file a petition to reopen or for other ap­ In the above-entitled proceeding, the recommended the issuance to applicant propriate relief setting forth in detail the examiner recommended the issuance to a certificate of public convenience and precise manner in which it has been so applicant a certificate of public coriven-. necessity authorizing operation, in in­ prejudiced. ience and necessity authorizing opera­ terstate or foreign commerce, as a com­ mon carrier by motor vehicle, over Nq. MC 107002 (Sub-No. 307) (Repub­ tion in interstate or foreign commerce, lication) , filed May 16, 1966, published as a common carrier by motor vehicle, irregular routes, of (1) fertilizer, limited to anhydrous ammonia, in bulk, in tank F ederal R egister issue of June 15, 1966, over regular routes, of passengers and and republished this issue. Applicant: their baggage, and express and newspa­ vehicles, from Lake Charles, La., to HEARIN-MILLER TRANSPORTERS, pers in the same vehicle with passen­ points in Texas, Louisiana, Oklahoma, INC., Post Office Box 1123, Highway 80 gers, between Binghamton, N.Y., and Arkansas, and Mississippi, (2) fertilizer, West, Jackson, Miss. 39205. Applicant’s Scranton, Pa., over New York Highway fertilizer ingredients, and fertilizer ma­ representative: E. Stephen Heisley, 17 between Binghamton and junction terials, in bags, from Lake Charles, La.,

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9187

to points in Louisiana, Texas, Oklahoma, thence east along the shore of Lake Erie written representations, views, or argu­ Arkansas, and Mississippi, and (3) dry to the Ohio-Pennsylvania State line, ment in support of, or against the peti­ fertilizer, dry fertilizer ingredients and thence south along the Ohio-Pennsyl­ tion with 30 days from the date of pub­ dry fertilizer materials, in bulk, in vania State line to the Ohio-West Vir­ lication in the F ederal R eg ister . open-top vehicles, from Lake Charles, ginia State line, thence along the Ohio- No. MC 113035 (Sub-No. 3) (Notice of La., to points in Louisiana, Texas, West Virginia State line to the Ohio- Filing of Petition for Modification of Oklahoma, Arkansas, and Mississippi. Kentucky State line, thence west along Permit To Include Additional Contract­ A report of the Commission, Operating the Ohio-Kentucky State line to the ing Shippers), filed June 19, 1967. Peti­ Rights Review Board Number 1, decided Ohio-Indiana State line, thence along tioner: WILBUR LOWDERMILK, Ad­ June 6, 1967 and served June 15, 1967, the Ohio-Indiana State line to point of dison, Pa. Petitioner’s representative: as amended, finds that the present and beginning; that applicant is fit, willing, Arthur J. Diskin, 302 Frick Building, future public convenience and necessity and able properly to perform such serv­ Pittsburgh, Pa. 15219. Petitioner is au­ require operation by applicant in inter­ ice and to conform to the requirements thorized to operate as a contract car­ state or foreign commerce, as a common of the Interstate Commerce Act and the rier in Docket No. MC 113035 (Sub-No. carrier by motor vehicle, over irregular Commission’s rules and regulations 3), authorizing a transportation service routes, of (1) anhydrous ammonia, in thereunder. Because it is possible that in interstate or foreign commerce over bulk, in tank vehicles, from Lake Charles, other persons, who have relied upon the irregular routes as follows: Clay, in La., to points in Louisiana, and (2) dry notice of the application as published, dump vehicles, from points in Somerset fertilizer, dry fertilizer ingredients, and may have an interest in and would be dry fertilizer materials, from Lake County, Pa., to Frostburg, Jennings, and prejudiced by the lack of proper notice Mount Savage, Md.', with no transporta­ Charles, La., to points in Louisiana, of the authority described in the find­ Texas, Oklahoma, Arkansas, and Missis­ tion for compensation on return except ings in this order, a notice of the au­ as otherwise authorized. Restriction: sippi; that applicant is fit, willing, and thority actually granted will be pub­ able properly to perform such service The operations authorized herein are lished in the F ederal R egister and is ­ and to conform to the requirements of limited to a transportation service to be suance of a certificate in this proceeding performed, under a continuing contract, the Interstate Commerce Act and the will be withheld for a period of 30 days Commission’s rules and regulations or contracts with Charles H. Brant, do­ from the date of such publication, dur­ ing business as C. Brant Mining Co., of thereunder. Because it is possible that ing which period any proper party in other persons, who have relied upon the Somerset, Pa. Petitioner states it has interest may file a petition to reopen or been called upon to render the same notice of the application as published for other appropriate relief setting forth may have an interest in and would be type of service from Harbison-Walker in detail the precise manner in which it Refractories Co., and Kaiser Aluminum prejudiced by the lack of proper notice has been so prejudiced. of the authority described in the find­ & Chemical Corp., from points in Somer­ set County, Pa., to the same destination ings in this order, a notice of the N o tic e o p F il in g o f P e t it io n s authority actually granted will be pub­ points in Maryland which applicant is No. MC 59694 (Sub-No. 2) (Notice of lished in the F ederal R egister and is­ presently serving. By the instant peti­ suance of a certificate in this proceeding Filing of Petition for Modification of tion, petitioner requests authority to add will be withheld for a period of 30 days Permit to Substitute a Contracting Harbison-Walker Refractories Co., and from the date of such publication, dur­ Shipper), filed June 12, 1967. Peti­ Kaiser Aluminum & Chemical Co., as ing which period any proper party in tioner: MISSOURI VALLEY EX­ additional contracting shippers. Any in­ interest may file a petition to reopen PRESS, INC., 4434 Buckingham, Post- terested person desiring to participate or for other appropriate relief setting Office Box 78, South Omaha Station, may file an original and six copies of his forth in detail the precise manner in Omaha, Nebr. 68101. Petitioner is au­ written representations, views, or argu­ which it has been so prejudiced. thorized to operate as a contract carrier, ment in support of, or against the peti­ No. MC 119864 (Sub-No. 12) (Re­ in Docket No. MC 59694 (Sub-No. 2), tion within 30 days from the date of authorizing a transportation service in publication) , filed July 8,1965, published publication in the F ederal R e g ister . interstate or foreign commerce over ir­ Federal R eg ister issue o f July 29, 1965 No. MC 123286 (Notice of Filing of regular routes, as follows: Meats, meat and republished this issue. Applicant: Petition for Reinstatement and Exten­ HOFER MOTOR TRANSPORTATION products, and meat byproducts, and sion of Certificate), filed June"9, 1967. dairy products, as described in sections CO., a corporation, 26740 Eckel Road, Petitioner: JUNE A. JONES, doing busi­ A and B of appendix I to the report in ness as JOHNSTON’S DELIVERY & Perrysburg, Ohio. Applicant’s repre­ Descriptions in Motor Carrier Certifi­ sentative: Robert A. Sullivan, 1800 Buhl MOVING, 1140 Hayden Avenue, Fort cate, 61 M.C.C. 209 and 766 (except com­ Building, Detroit, Mich. 48226. By ap­ Wayne, Ind. 46803. Petitioner’s repre­ modities in bulk, in tank vehicles), from sentative: Donald W. Smith, 511 Fidelity plication filed July 8, 1965, applicant Glenwood, Spencer, and Des Moines, seeks a certificate of public convenience Building, 111 Monumental Circle, In­ Iowa, Luverne, Minn., and Omaha, Nebr., dianapolis, Ind. 46204. By a certificate and necessity authorizing operation in to New York, N.Y., with no transporta­ interstate or foreign commerce, as a com­ of public convenience and necessity tion for compensation on return except served December 21, 1961, petitioner was mon carrier, by motor vehicle over ir­ as otherwise authorized. Restriction: regular routes, of frozen foods, from granted certain operating authority to The operations authorized herein are Lafayette, Ind., to points in Illinois (ex­ transport general commodities, including limited to a transportation service to be classes A and B explosives, all of which cept Chicago), Ohio, and St. Louis, Mo. performed, under a continuing contract, A decision and order of the Commission, authority is more specifically set forth or contracts, with the following ship­ in certificate of public convenience and Operating Rights Review Board Num­ pers: Charles Holzer, of New York, N.Y., ber 2, dated June 8, 1967, and served necessity, docket No. MC 123286. Under M.I.D. Packing Co., of Luverne, Minn, the terms of such certificate, the author­ June 16, 1967, as amended, finds opera­ (now Iowa Beef Packers, Inc., a petition ity granted herein, “ to the extent that it tion by applicant, in interstate or for­ to change name has been filed), and authorizes the transportation of classes eign commerce, as a common carrier by Glenwood Packing Co., of Glenwood, A and B explosives, shall be limited in motor vehicle, over irregular routes, of Iowa. Petitioner states that it has been point of time, to a period expiring 5 years frozen foods, from the plantsite and called upon to render the same type of after December 21, 1961.” Accordingly, warehouse facilities of Holloway House, service from W. M. Tynan & Co., of New the classes A and B explosives authority fuc., located at or near Lafayette, Ind., York, N.Y. By the instant petition peti­ expired on December 21, 1966. By the in­ e in that part of Michigan north tioner requests that its contract and stant petition, petitioner seeks to rein­ of Michigan Highway 21, and to points authorization from transportation for state and extend such certificate with n! ^ i o bounded by a line beginning at Charles Holzer, of New York, N.Y., be regard to classes A and B explosives so the Ohio-Indiana State line and ex­ canceled and W. M. Tynan & Co., of New that it may resume operations for ship­ tending east along U.S. Highway 36 at York, N.Y., be substituted therefor. Any pers requiring this type of service. Any Delaware, Ohio, thence northeast along interested person desiring to participate interested person desiring to participate, U s- Highway 42 to Cleveland, Ohio, may file an original and six copies of his may file an original and six copies of his

FIDERAI REGISTER, V O L 32, NO. 124—-WEDNESDAY, JUNE 28, 1967 9188 NOTICES written representations, views, or argu­ McDowell, Alexander, Wilkes, Burke, owner of the goods the same as if such ment in support of, or against the peti­ Lincoln, Caldwell, and Gaston Counties, shipment had been transported in a tion within 30 days from the date of N.C., and points in North Carolina, and vehicle under the direction and control publication in the F ederal R e g ister . (2) new furniture, both crated and un­ of United. The consideration to be paid crated, between points in North Caro­ shall be 71.5 percent of the line haul A pplications for C ertificates or P er­ lina. N o te : Applicant states the purpose transportation revenues accruing on m it s W h ic h A re To B e P rocessed C o n ­ of this application is to cbnvert its Cer­ such shipments. c u r r e n t l y W it h A pplications U nder tificate of Registration No. MC 99644 Other petitioners, referred to as car­ S e c t io n 5 G overned b y S p e c ia l R u l e (Sub-No. 1) to a Certificate of Public rier agents of (1) UNITED VAN LINES, 1.240 to t h e E x t e n t A p p l ic a b l e Convenience and Necessity. This appli­ INC., Docket No. MC-67234 Subs 1 and 5; No. MC 41932 (Sub-No. 10), filed May cation is a matter directly related to (2) ACME VAN CO., INC., New York, 31, 1967. Applicant: B R O W N ING Docket No. MC-F-9783 published F ed­ N.Y., Docket No. MC-22562 Sub 5; (3) FREIGHT LINES, INC., 244 South 4th eral R egister issue of June 21, 1967. If AMERICAN STORAGE COMPANY, West, Salt Lake City, Utah 84101. Appli­ a hearing is deemed necessary, applicant Washington, D.C., Docket No. MC-30968; cant’s representative: Ben D. Browning, does not specify a location. (4) ANDREWS MOVING & STORAGE Post Office Box 8195, 2260 East 13th COMPANY, Cleveland, Ohio, Docket No. A pplications U nd er S e c t io n s 5 and MC-3702; (5) ARMSTRONG WARE­ South, Salt Lake City, Utah 84108. Au­ 210a(b) thority sought to operate as a common HOUSE & TRANSFER, INC., Lubbock, carrier, by motor vehicle, over regular The following applications are gov­ Tex., Docket No. MC-102048; (6) THE and irregular routes, transporting: Gen­ erned by the Interstate Commerce Com­ ATLAS MOVING & STORAGE COM­ eral commodities (except those of un­ mission’s Special Rules governing notice PANY, Columbus, Ohio, Docket No. usual value, household goods as defined of filing of applications by motor car­ MC-74745; (7) BARBER MOVING & by the Commission, commodities in bulk riers of property or passengers under STORAGE, Rapid City, S. Dak., Docket in tank vehicles and those injurious or sections 5(a) and 210a(b) of the Inter­ No. MC-126756; (8) H. G. BAUER contaminating to other lading); Regular state Commerce Act and certain other MOVING & STORAGE, INC., New routes: (a) Between Pocatello and Ash­ proceedings with respect thereto. (49 Orleans, La., Docket No. MC-31644; (9) ton, Idaho, from Pocatello over U.S. CFR 1.240). BELMONT VAN 8? STORAGE COM­ Highway 91 (also over Interstate High­ MOTOR CARRIERS OF PROPERTY PANY, Long Beach, Calif., Docket No. way 15 and U.S. Highway 91) to junction MC-32601; (10) BROOKS TRANSFER U.S. Highway 191, thence over U.S. High­ Nos. MC-F-4901 and MC-F-6152 & STORAGE CO., INC., Richmond, Va., way 191 to Ashton, and return over the (Notice of the Filing of Petition to Re­ Docket No. MC-79646; (11) P. E. same routes serving all intermediate open “Pooling” Dockets), filed April 6, BURKE MOVING AND STORAGE points and the off-route points of More­ 1967. Petitioners: UNITED VAN LINES, CORP., 'Waltham, Mass., Docket No. land and Rockford, Idaho, (b) between INC., of Fulton, Mo., et al., listed below, MC-36485T (12) B-Z-BEE TRANSPOR­ Pocatello and Burley, Idaho, over U.S. referred to as carrier agents of United TATION & WAREHOUSE CO., Phoe­ Highway 30N (also Interstate Highway Van Lines, Inc. Petitioners’ Representa­ nix, Ariz., Docket No. MC-98694 Sub 1; 15W or Interstate Highway 80N), serv­ tive: G. M. Rebman, Attorney at Law, (13) CATER TRANSFER & STORAGE ing all intermediate points and the off- Suite 1230 Boatmen’s Bank Building, St. COMPANY, INC., Spokane, Wash., Doc­ route point of Borah, Idaho, (c) between Louis, Mo. 63102. Petitioners or predeces­ ket No. MC-126446; (14) CITIZENS Pocatello and Montpelier, Idaho, over sors and others were authorized in 65 TRANSFER & STORAGE COMPANY, U.S. Highway 30N (also Interstate High­ M.C.C. 257, as supplemented 65 M.C.C. Parkersburg, W. Va., Docket No. MC- way 15) serving all intermediate points 755, and 70 M.C.C. 587, to engage in the 20927; (15) C ITY TRANSFER & STOR­ and the off-route point of Conda, Idaho, pooling of traffic, service, and gross or AGE COMPANY, Seattle, Wash., Docket and (d) between Salt Lake City, Utah, net earnings, or a portion thereof, with No. MC-6485; (16) C ITY VAN & STOR­ and Pocatello, Idaho, over U.S. High­ respect to the transportation of house­ AGE CO., INC., Tucson, Ariz., Docket No. way 91 (also U.S. Highway 191 and Inter­ hold goods in interstate or foreign com­ MC-98604 Sub 1; (17) CLANCY-CUL- state Highway 15), serving no inter­ merce, under the provisions of section LEN STORAGE CO., INC., Bronx, N.Y., mediate points, as an alternate route for 5(1) of the Interstate Commerce Act. Docket No. MC-22581 and Sub 5; (18) operating convenience only; Irregular The details of the pooling arrangement CORRIGAN MOVING AND STORAGE routes: Between points in Franklin, Bear are fully stated in the reports. By the CO., Dearborn, Mich., Docket No. MC- Lake, Caribou, Bannock, Bingham, Butte, instant petition petitioners seek author­ 41608; (19) THE DAVIDSON TRANS­ Power, Bonneville, Jefferson, Madison, ity to enter into a supplemental con­ FER & STORAGE CO., Baltimore, Md., Fremont, Lincoln, Blaine, Cassia, Mini­ tract under which the carrier agents of Docket No. MC-69281; (20) DOOLEY doka, Gooding, Twin Falls, and Jerome United, listed below, would transport TRANSFER CO., INC., Columbus, Ind., Counties, Idaho. N o t e : This application shipments of household goods on bills of Docket No. MC-18821. is directly related to MC-F 9745, pub­ lading of United, with the right to com­ (21) A. DRIEMEIER STORAGE AND lished F ederal R egister Issue of May 17, mingle the traffic with similar traffic of MOVING COMPANY, St. Louis, Mo., 1967. Applicant states it could or would the carrier agents in motor vehicles Docket No. MC-9722; (22) FINKBINER tack at Burley, Idaho, to permit service operated by such agents within the ter­ TRANSFER & STORAGE CO., Spring- to points in Idaho east of Burley. If a ritorial limits of the certificated author­ field, Mo., Docket No. MC-22375; (23) hearing is deemed necessary, applicant ity of such agents. Petitioners state that O. J. GLENN & SON, INC., Buffalo, N.Y., requests it be held at Idaho Falls, Idaho, the traffic shall be limited to shipments Docket No. MC-25555; (24) HARRISON- Salt Lake City, Utah, Pocatello, or Boise, weighing not more than 8,000 pounds SHIELDS TRANSPORTATION LINES, Idaho. and requiring delivery dates which INC., Pittsburgh, Pa., Docket No. MC- No. MC 99644 (Sub-No. 2), filed United determines it cannot feasibly 24136; (25) HEICK MOVING AND June 13,1967. Applicant: D & D TRUCK­ meet, either for reasons of economy of STORAGE, INC., Madison, Wis., Docket ING COMPANY, a corporation, Highway operations or because of lack of avail­ No. MC-77380; (26) HERRIN TRANS­ 70W, Post Office Box 755, Conover, N.C. able equipment or available space on FER AND WAREHOUSE COMPANY, 28613. Applicant’s representative: Her­ equipment within the area; that United INC., Shreveport, La., Docket No. MC- bert Burstein, 160 Broadway, New York, alone shall determine in the light of 1414 and Sub 2; (27) GEORGE B. HOL­ JST.Y. 10038. Authority sought to operate circumstances existing at the time of any M AN' & CO., INC., Hackensack, N.J., as a common carrier, by motor vehicle, shipment, whether same shall be trans­ Docket No. MC-30852; (28) HUBERT over irregular routes, transporting: (1) ported by United or by its agent; that TRANSFER & STORAGE CO., INC., General commodities, except those re­ the traffic must have actual origin and Pittsburgh, Pa., Docket No. MC-47720; quiring special equipment, (a) between destination wholly within such agent’s (29) JAMESWAY MOVING & STOR­ points in Catawba, Iredell, McDowell, interstate certificated territory; and AGE CO., Chicago, 111., Docket No. MC- Alexander, Wilkes, Burke, Lincoln, Cald­ that the traffic shall be transported on 70906; (30) Frank M. Jenkins, Leroy P- well, and Gaston Counties, N.C., and the bill of lading of United, who shall Jenkins and James Jenkins, Jr., doing (b) between points in Catawba, Iredell, assume full carrier responsibility to the business as JENKINS VAN & STORAGE,

FEDERAL REGISTER. VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9189

Santa Monica, Calif,, Docket No. MC- (60) THE TOPEKA TRANSFER & Operating rights sought to be trans­ 81723; (31) JOHNSON STORAGE & STORAGE COMPANY, Topeka, Kans., ferred: Machinery, equipment, materials VAN CO., of Port Worth, Tex., Docket Docket No. MC-8803 and Sub 1; (61) and supplies, used in, or in connection No. MC-2836; (32) THE KNICKER­ Peter Vesely, Edward Vesely and Fran­ with, the discovery, development, pro­ BOCKER STORAGE COMPANY, Cleve­ cis Vesely, doing business as VESELY duction, refining, manufacture, process­ land, Ohio, Docket No. MC-44737; (33) BROTHERS, “THE MOVERS,” Fayette ing, storage, transmission, and distribu­ LAKEWOOD STORAGE, INC., Lake- City, Pa., Docket No. MC-51518; (62) tion of natural gas and petroleum and wood, Cleveland, Ohio, Docket No. MC- WARE’S VAN & STORAGE CO., INC., their products and byproducts, and ma­ 30487^- (34) W. A. LARMORE, INC., Vineland, NJ., Docket No. MC-59617; chinery equipment, materials, and sup­ Wilmington, Del., Docket No. MC-5449; (63) W. W. Warren, doing business as plies used in, or in connection with, the (35) LINCOLN MOVING AND STOR­ WARREN TRANSFER & STORAGE CO., construction, operation, repair, servic­ AGE COMPANY, INC., Seattle, Wash., Oklahoma City, Okla., Docket No. MC- ing, maintenance, and dismantling of Docket No. MC-339 Sub 1; (36) Eleanor 89405. Petitioners whose authority has pipelines, including the stringing and M. MacDonald, doing business as M ac- been revoked: NORTH STAR VAN & picking up thereof, as a common carrier, DONALD’S STORAGE WAREHOUSE, STORAGE, INC., Milwaukee, Wis., and over irregular routes, between points in Attleboro, Mass., Docket No. MC-79780; K. C. SALLEY VAN & STORAGE COM­ Colorado, Kansas, Louisiana, New (37) MAFFUCCI STORAGE CORP., PANY, Alice, Tex. Mexico, Oklahoma, Texas, and Wyoming, Lynbrook, N.Y., Docket No. MC-44399 Any interested person desiring to par­ between points in Arkansas, on the one and Sub 1; (38) WM. MCDONALD CO., ticipate may file ar. original and six cop­ hand, and, on the other, points in Okla­ INC., Boston, Mass., Docket No. MC- ies of his written representations, views homa and Louisiana: machinery, equip­ 56363; (39) MERCHANTS TRANSFER or arguments in support of, or against, ment, materials, and supplies used in, or AND WAREHOUSE COMPANY, INC., the petition within 30 days from the date in connection with, the discovery, de­ Little Rock, Ark., Docket No. MC-9363 of publication in the F ederal R e g ist e r . velopment, production, refining, manu­ Sub 3; (40) MERCHANTS STORAGE Also, petitioners shall within a period of facture, processing, storage, transmis­ COMPANY OF VIRGINIA, Alexandria, 30 days from the date of this publica­ sion, and distribution of natural gas and Va., Docket No.MC-84751; tion, file verified statements in support petroleum and their products and by­ (41) WILLIAM B. MEYER, INCOR­ of the petition, including appropriate products; and PORATED, Bridgeport, Conn., Docket evidence that the proposed contract will Machinery, equipment, and supplies No. MC-108194; (42) V. D. MORGAN be in the interest of better service to the used in, or in connection with, the con­ VAN SERVICE & STORAGE CO., INC., public or of economy of operation and struction, operation, repair, servicing, Louisville, K y„ Docket No. MC-108459; will not unduly restrain competition; and maintenance, and dismantling of pipe­ (431 EARLE W. NOYES & SON, Port­ that the terms and conditions, and con­ lines, including the stringing and picking land, Maine, Docket No. MC-38092 and sideration between the parties, will be up thereof, except the stringing and Sub 2; (44) O’ROURKE STORAGE & just and reasonable and have been as­ picking up of pipe in connection with TRANSFER COMPANY, INCORPO­ sented to by all the carriers involved. main pipelines, between points in RATED, Pittsburgh, Pa., Docket No. No. MC-F-9706 (Amendment) (AR- Nevada, on the one hand, and, on the MC-79568; (45) Arthur R. Williams, do­ KANSAS-BEST FREIGHT SYSTEM, other, points in Montana, Wyoming, ing business as H. A. PARKS AND SON, INC.—Purchase (Portion)— WARD ' L. Utah, Colorado, and New Mexico; and Uniontown, Pa., Docket No. MC-110746; ADRIAN), published in the March 29, in pending Docket No. MC-19564 Sub-58, (46) PIERCERODOLPH STORAGE CO., 1967; issue of the F ederal R egister, on that portion seeking a certificate of LID., San Francisco, Calif., Docket No. page 5311. Amendment filed June 16, public convenience and necessity, cover­ MC-64719; (47) Robert John Pierce, do­ 1967, seeking approval to acquire the en­ ing the transportation of (1) earth drill­ ing business as PIERCE VAN LINES, tire operating rights of the vendor, in ing machinery and equipment, and (2) Trenton, N.J., Docket No. MC-29018; lieu of a portion. The operating rights machinery, equipment, materials and (48) QUAKER TRANSIT COMPANY, sought to be transferred should include supplies and pipe incidental to, used in, INC., Philadelphia, Pa., Docket No. MC- •the following: General commodities, ex­ or in connection with (a) the transporta­ 25502; (49) RIMBACK STORAGE COM­ cepting, among others, household goods tion, installation, removal, operation, re­ PANY, Millburn, N.J., Docket No. MC- and commodities in bulk, as a common pair, servicing, maintenance and dis­ 81959; (50) Charles S, Rogers and David carrier, over regular routes, between Tip- mantling of drilling machinery and P. Rogers, doing business as ROGERS ton, Iowa, and Silvis, HI., serving certain equipment, (b) the completion of holes CARTING & STORAGE CO., Buffalo, intermediate points, and between Tipton, or wells drilled, (c) the production, stor­ N. Y., Docket No. MC-64295; (51) Iowa, and Davenport, Iowa, serving cer­ age, and transmission of commodities HOOKEY TRANSFER COMPANY, Su­ tain intermediate and off-route points. resulting from drilling operations at well perior, Wise., Docket No. MC-59362; (52) or hole sites, and (d) the injection or No. MC-F-9771 (Correction) (REN­ removal of commodities into or from ROSEBANK STORAGE WAREHOUSE, NER MOTOR LINES, INC.— Control and INC,, Staten Island, N.Y., Docket No. holes or wells, as a common carrier, over Merger—ROBERTS MOTOR LINES, irregular routes, between points in MC-44538; (53) SANTINI BROS., INC., INC.), published in the June 7, 1967, doing business as THE, SEVEN BROTH­ Colorado, Kansas, Louisiana, New issue of the F ederal R egister, on page Mexico, Oklahoma, Texas, and Wyoming, ERS AND THE SEVEN SANTINI 8215. Erroneously, the publication stated BROTHERS, New York, N.Y., Docket between points in Arkansas, on the one that Application for temporary author­ hand, and, on the other, points in No. MC-52022 and Sub 4; (54) SKELLET ity had not been filed, and should read: VAN AND STORAGE COMPANY, Min­ Oklahoma and Louisiana, and between “Application has been filed for tempo­ points in Nevada, on the one hand, and, neapolis, Minn., Docket No. MC-74681; rary authority under section 210a (b).” (55) Alfred J. Hicks and Otto F. Long, on the other, points in Montana, Wyom­ Jr., doing business as SOUTH SIDE No. MC-F-9785. Authority sought for ing, Utah, Colorado, and New Mexico. purchase by M ARY ELLEN STIDHAM, MOVING AND STORAGE CO., Kansas Vendee is authorized to operate as a N. M. STIDHAM, A. E. MANKINS City Mo., Docket No. MC-14060; (56) common carrier in Arkansas, Louisiana, (INEZ MANKINS, Executrix), and George L. Stone, doing business as Mississippi, Texas, Georgia, Alabama, JAMES E. MANKINS, SR., doing busi­ Florida, Colorado, Wyoming, Utah, STONE TRANSFER & STORAGE CO., ness as EAGLE TRUCKING COMPANY, Oklahoma City, Okla., Docket No. MC- Montana, Kansas, Oklahoma, and Post Office Box 471, Kilgore, Tex. 75662, m and Sub 3; (57) CHARLES D. Montana. Application has been filed for of a portion of the operating rights of temporary authority under section 210a STRANG, INC., Brooklyn, N.Y., Docket L. C. JONES TRUCKING COMPANY, No. MC-52888 and Sub 1; (58) TENNY­ (b). Post Office Box 94368, Oklahoma City, SON TRANSFER & STORAGE, INC., N o t e s : See also MC-F-9786 (C. A. Okla. 73109, Applicants’ attorney and Boise, Idaho, Docket No. MC-105334 W HITE TRUCKING CO.—Purchase Subì. representative: James W. Hightower, 136 (Portion)—MARY ELLEN STIDHAM, Wynnewood Professional Building, TRUCK LINE, INC.—Purchase (Por­ (59) TOLEDO VAN & STORAGE CO., Dallas, Tex. 75224, and Orville A. Jones, tion)—L. C. JONES TRUCKING CO.) Toledo, Ohio, Docket No. MC-51058; Post Office Box 9512, Houston, Tex. and MC—F-.9790 (GREAT FALLS)

FEDERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 No. 124—Pt. I--- 7 9190 NOTICES

TRANSFER & STORAGE CO.—Pur­ FRIES, also of Oklahoma City, Okla., Montebello, Calif. 90640, and for acquisi­ chase (Portion)—L. C. JONES TRUCK­ of control of such rights through the tion by CECIL A. PELTS and JANE ING CO.), published this same issue. purchase. Applicants’ attorney and rep­ PELTS both also of Phoenix, Ariz., of control of such rights and property No. MC-F-9786. Authority sought for resentative: James W. Hightower, 136 Wynnewood Professional Building Dal­ through the transaction. Applicants’ at­ purchase by C. A. W HITE TRUCKING torneys: Bertram S. Silver, 140 Mont­ COMPANY, 4641 Greenville Avenue, las, Tex. 75224, and Orville A. Jones, Post Office Box 9512, Houston, Tex. Op­ gomery Street, San Francisco, Calif. Dallas, Tex. 75206, of a portion of the 94104 and A. Michael Bernstein, 1327 operating rights of M ARY ELLEN STID­ erating rights sought to be transferred: Guaranty Bank Building, Phoenix, Ariz. HAM, N. M. STIDHAM, A. E. MANKINS Machinery, equipment, materials, and (INEZ MANKINS, EXECUTRIX), AND supplies used in, or in connection with, 85012. Operating rights sought to be con­ JAMES E. MANKINS, SR., doing busi­ the discovery, development, production, trolled and merged: Under a certificate ness as EAGLE TRUCKING COM­ refining, manufacture, processing, stor­ of registration, in No. MC-121319 Sub-1, PANY, Post Office Box 471, Kilgore, Tex. age, transmission, and distribution of covering the transportation of property,- 75662. (This authority is presently in natural gas and petroleum and their as a common carrier, in intrastate com­ the name of L. C. JONES TRUCKING products and byproducts, and machin­ merce, within the State of California. COMPANY, Post Office Box 94368, Okla­ ery, equipment, materials, and supplies RELIANCE TRUCK COMPANY is au­ homa City, Okla. 73109, was acquired at used in, or in connection with, the con­ thorized to operate as a common carrier a public auction sale, and is contingent struction, operation, repair, servicing in Arizona and Nevada. Application has upon approval by the Commission in maintenance, and dismantling of pipe­ been filed for temporary authority un­ MC-F-9785.), and for acquisition by lines, including the stringing and picking der section 210a(b). FRANK CRANE, also of Dallas, Tex., up thereof, as a common carrier, over No. MC-F-9789. Authority sought for of control of such rights through the irregular routes, between points in purchase by OLD COLONY TRANS­ purchase. Applicants’ attorney: James Oklahoma, on the one hand, and, on PORTATION CO., INC., 676 Dartmouth W. Hightower, 136 Wynnewood Profes­ the other, points in Mississippi. Restric­ Street, South Dartmouth, Mass. 02748, sional Building, Dallas, Tex. 75224. Op-, tion: Said carrier shall not transport of the operating rights and property of erating rights sought to be transferred: any traffic between points in Colorado, J. J. LANAHAN, INC., 81-83 Lexington (In the name of L. C. JONES TRUCK­ Kansas, Louisiana, New Mexico, Texas, Avenue, Albany, N.Y. 12206, and for ac­ ING COMPANY) Machinery, equipment, Wyoming, and Arkansas, on the one quisition by GEORGE VIGEANT, 6 Stet­ materials, and supplies, used in, or in hand, and, on the other, points in Mis­ son Street, New Bedford, Mass., of con­ connection with, the discovery, develop­ sissippi; and in pending Docket No. trol of such rights and property through ment, production, refining, manufacture, MC-19564 Sub 58, that portion seeking the purchase. Applicants’ attorney: processing, storage, transmission, and a certificate of public convenience and Francis E. Barrett, Jr., Investors Build­ distribution of natural gas and petro­ necessity, covering the transportation ing, 536 Granite Street, Braintree, Mass. leum and their products and byproducts, of (1) earth drilling machinery and 02184. Operating rights sought to be and machinery, equipment, materials, equipment, and (2) machinery, equip­ transferred: Under a certificate of regis­ and supplies, used in, or in connection ment, materials and supplies and pipe tration, in Docket No. MC-120084 Sub-1, with, the construction, operation, repair, incidental to, used in, or in connection covering the transportation of property, servicing, maintenance, and dismantling with (a) the transportation, installa­ as a common carrier, in intrastate com­ of pipelines, including the stringing and tion, removal, operation, repair, servic­ merce, within the State of New York. picking up thereof, as a common car­ ing, maintenance, and dismantling of Vendee is authorized to operate as a rier, over irregular routes, between drilling machinery and equipment, (b) common carrier in Massachusetts, points in Texas and Louisiana; and in the completion of-holes or wells drilled, Rhode Island, New York, New Jersey, pending Docket No. MC-19564 Sub 58, (c) the production, storage, and trans­ Connecticut, Vermont, Maine, and New that portion seeking a certificate of pub­ mission of commodities resulting from Hampshire. Application has been filed lic convenience and necessity, covering drilling operations at well or hole sites, for temporary authority under section the transportation of (1) earth drilling and (d) the injection or removal of 210a(b). N o t e : MC-106051 Sub-No. 38 machinery and equipment, and (2) ma­ commodities into or from holes or wells, is a matter directly related. chinery, equipment, materials, and sup­ as a common carrier, over irregular No. MC-F-9790. Authority sought for plies and pipe incidental to, used in, or routes, between points in Oklahoma, purchase by GREAT FALLS TRANSFER in connection with (a) the transporta­ on the one hand, and, on the other, AND STORAGE COMPANY, doing busi­ tion, installation, removal, operation, re­ points in Mississippi, subject to the re­ ness as SUHR TRANSPORT, Post Office pair, servicing, maintenance, and dis­ striction that carrier shall not trans­ Box 1727, Great Falls, Mont., of a por­ port any traffic between points in Colo­ mantling of drilling machinery and tion of the operating rights of L. C. equipment, (b) the completion of holes rado, Kansas, Louisiana, New Mexico, JONES TRUCKING COMPANY, Post or wells drilled, (c) the production, stor­ Texas, Wyoming, and Arkansas on the Office Box 94368, Oklahoma City, Okla. age, and transmission of commodities one hand, and, on the other, points in 73109, and for acquisition by CARL H. resulting from drilling operations at well Mississippi. Vendee is authorized to SUHR, JR., also of Great Falls, Mont., or hole sites, and (d) the injection or operate as a common carrier in Okla­ of control of such rights through the homa, Kansas, Texas, Arkansas, New removal of commodities into or from purchase. Applicants’ attorney and holes or wells, as a common carrier, over Mexico, Illinois, Indiana, Iowa, Missouri, representative: James W. Hightower, irregular routes, between points in Texas Louisiana, Colorado, Wyoming, Mon­ 136 Wynnewood Professional Building, and Louisiana. Vendee is authorized to tana, Nebraska, North Dakota, South Dallas, Tex. 75224, and Orville A. Jones, operate as a common carrier in Okla­ Dakota, Utah, Nevada, Tennessee, Ohio, Post Office Box 9512, Houston, Tex. Op­ homa, Kansas, Texas, Arkansas, Illinois, Alabama, and Kentucky. Application has erating rights sought to be transferred: New Mexico, and Colorado. Application been filed for temporary authority un­ Machinery, equipment, materials, and has been filed for temporary authority der section 210a(b). N o t e : See also MC- supplies, used in, or in connection with, under section 210a(b). N o t e : See also F-9785 (MARY ELLEN STIDHAM, et the discovery, development, production, MC-F-9785 (M ARY ELLEN STIDHAM, al.—Purchase (Portion)—L. C. JONES refining manufacture, processing, stor­ et al.—Purchase (Portion) —L. C. TRUCKING Co.) and MC-F-9790 age, transmission, and distribution of JONES TRUCKING CO.), published (GREAT FALLS TRANSFER & STOR­ natural gas and petroleum and their same issue. AGE Co.—Purchase (Portion)—L. C. products and byproducts, and machin­ JONES TRUCKING CO.), published No. MC-F-9787. Authority sought for ery, materials, equipment, and by­ purchase by H. J. JEFFRIES TRUCK this same issue. products, and machinery, materials, LINE, INC., Post Office Box 94850, No. MC-F-9788. Authority sought for equipment, and supplies used in, or in Oklahoma City, Okla. 73109, of a por­ control and merger by RELIANCE connection with the construction, opera­ tion of the operating rights of L. C. TRUCK COMPANY, 2500 North 24th tion, repair, servicing, maintenance, and Avenue, Phoenix, Ariz. 85009, of the op­ JONES TRUCKING COMPANY, Post dismantling of pipelines, including the Office Box 94368, Oklahoma City, Okla. erating rights and property of MILLAGE 73109, and for acquisition by H. J. JEF- TRUCKING, INC., 1601 Bluff Road, stringring and picking up thereof, excep

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9191

the stringing or picking up of pipe in with MC-19564 Sub 27 and MC-19564 tion Washington County Trunk W and connection with main pipelines, as a Sub 45. Vendee is authorized to operate Wisconsin Highway 33, between Slinger, common carrier, over irregular routes, as a common carrier in Montana, Cali­ Wis., and the Schubert Cheese Factory between points in Montana and Utah, fornia, Colorado, Idaho, Montana,' Ore­ (approximately 2y2 miles north of on the one hand, and, on the other, gon, Utah, Washington, Wyoming, North Slinger), between North Lake Wis., and points in Kansas, Oklahoma, and Texas; Dakota, and South Dakota. Application Milwaukee, Wis., between junction machinery, equipment, materials, and has been filed fOT temporary authority Waukesha and Washington County supplies used in, or in connection with, under section 210a(b). N o t e : See also Trunk J and Wisconsin Highway 74, and the discovery, development, production, MC-F-9785 (M ARY ELLEN STIDHAM, junction Waukesha and Washington refining, manufacture, processing, stor­ et al.^-Purchase (Portion) —L. C. JONES County Trunk J and Wisconsin Highway age, transmission, and distribution of TRUCKING CO.) and MC-F-9787 (H. J. 175, serving all intermediate points, be­ natural gas and petroleum, and then- JEFFRIES TRUCK LINE, INC.—Pur­ tween junction U.S. Highway 41 and products and byproducts and chase (Portion)—L. C. JONES TRUCK­ Wisconsin Highway 33, and Milwaukee, Machinery, equipment, materials, and IN G CO.), published this same issue. Wis., serving no intermediate points, be­ supplies used in, or in connection with, No. MC-F-9791. Authority sought for tween junction Wisconsin Highway 60 the construction, operation, repair, serv­ purchase by P. H. BRONAUGH, doing and U.S. Highway 41, and Hartford, icing, maintenance, and dismantling of business as BRONAUGH MOTOR EX­ Wis., serving the intermediate point of pipelines, including the stringing and PRESS, 1115 Winchester Road, Lexing­ Slinger, Wis., and serving junction Wis­ picking up of pipe in connection with ton, Ky. 40505, of a portion of the operat­ consin Highway 60 to U.S. Highway 41, main or trunk pipelines, between points ing rights of McDUFFEE MOTOR and Hartford, Wis,, for the purpose of in that part of North Dakota on or west FREIGHT, INC., 332 High School Street, joinder onl$r, between Hartford, Wis., of North Dakota Highway 30, that part Lebanon, Ky. 40033. (This authority was and North Lake, Wis., serving no inter­ of South Dakota west of the Missouri approved by a Division 3 Order, in mediate points, and serving Hartford, River and on or north of U.S. Highway MC-F-9505, dated and effective on Wis., for the purpose of joinder only, and 14, and that part of Montana on or east December 30, 1966, and consummated between Cedarburg, Wis., and Milwaukee, of a line beginning at Alzada, Mont., January 3, 1967. The Certificate has not Wis., serving the intermediate points of and extending .along U.S. Highway 212 been issued.) Operating rights sought to Thiensville, Mequon, and Brown Deer, to Miles City, Mont., thence along Mon­ be transferred; General commodities, ex­ Wis., and over two alternate routes for tana Highway 22 to Jordan, Mont., cept those of unusual value, classes A and operating convenience only. Vendee is thence northwesterly in a straight line B explosives, household goods as defined authorized to operate as a common car­ to Malta, Mont., and thence over Mon­ by the Commission, commodities in bulk, rier in Wisconsin, Indiana, and Illinois. tana Highway 19 to the United States- commodities requiring special equipment Application has been filed for temporary Canadian boundary, between points in -other than those requiring refrigeration, authority under section 210a(b). that part of North Dakota on or west of and those injurious or contaminating to No. MC-F-9793. Authority sought for North Dakota Highway 30, that part of other lading, as common carrier, over control and merger by NATIONAL South Dakota west of the Missouri River FREIGHT, INC., 57 West Park Avenue, and on and north of U.S. Highway 14, regular routes, between a point on U.S. 150 which is 5 miles southeast of Stan­ Vineland, N.J., of the operating rights and that part of Montana on or east of and property of SALEM EXPRESS, INC., a line beginning at Alzada, Mont., and ford, Ky., and a point where U.S. 25 crosses the Rockcastle River approxi­ Route 130, Penns Grove, N.J. 08069, and extending along U.S. Highway 212 to for acquisition by BERNARD A. BROWN Miles City, Mont., thence along Montana mately 4 miles south of Livingston, Ky., serving all intermediate points, between also of Vineland, N.J., of control of such Highway 22 to Jordon, Mont., thence rights and property through the transac­ northwesterly in a straight line to Malta, Lexington, Ky., and Berea, Ky., serving all intermediate points except points on tion. Applicants’ attorney: David G. Mac­ Mont., and thence over Montana High­ donald, 1000 16th Street NW „ Washing- way 19 to the United States-Canadian U. S. Highway 25 between Lexington, Ky., and a point 5 miles north of Berea, Ky., toft, D.C. 20036. Operating rights sought boundary, on the one hand, and, on the to be controlled and merged: General other, ;r points in Wyoming, between and between Berea, Ky., and Mt. Vernon, Ky., serving all intermediate points. commodities, except those of unusual points in Nebraska and those in that part value, classes A and B explosives, live­ of Colorado on and east of a line begin­ Vendee is authorized to operate as a com­ mon carrier in Kentucky. Application stock, household goods as defined by the ning at the ' Colorado-Wyoming State Commission, liquids in bulk, and com­ line and extending along U.S. Highway has been filed for temporary authority under section 201a(b). modities requiring special equipment, as 87 to Wellington, thence along Larimer* a common carrier, over irregular routes, County Road No. 31 to junction U.S. No. MC-F9792. Authority sought for between New York, N.Y., Philadelphia, Highway 287 (about 2 miles north of purchase by YULE TRUCK LINES, INC., Pa., and Baltimore, Md., on the one hand, Port Collins),. '701 West Cleveland Avenue, Milwaukee, and, on the other, points in Cumberland Thence along U.S. Highway 287 to Wis. 53215, of the operating rights of and Salem Counties, N.J.; general com­ Denver, thence along U.S. Highway SLINGER TRANSFER CO., INC., W142 modities, except livestock, tobacco, those 85-87 to the Colorado-New Mexico State N9078 Fountain Boulevard, Menomonee of unusual value, classes A and B explo­ line; and in pending Docket No. Falls, Wis. 53055, and for acquisition by sives, household goods as defined by the ^D-19564 Sub-58, that portion seeking V. H. MARTELL, 860 East Ravine Lane, Commission, commodities requiring spe­ a certificate o f public convenience and Milwaukee, Wis., of control of such cial equipment, and those injurious or necessity, covering the transportation of rights through the purchase. Applicants’ contaminating to other lading, between (1) earth, drilling machinery and equip­ representative: Robert A . Tillman, 701 Wilmington, Del., on the one hand, and, ment, and (2) machinery, equipment, West Cleveland Avenue, Milwaukee, Wis. on the other, Salisbury and Greensboro, materials, and supplies and pipe inci­ 53215. Operating rights sought to be Md., points in Delaware and New Jersey, dental to, used in, or in connection with transferred: General commodities, ex­ certain specified points in Maryland, New (a) the transportation, installation, re­ cepting, among others, household goods York, and Pennsylvania; glassware, from moval, operation, repair, servicing, and commodities in bulk, as a common Salem, N.J., to points in New York, maintenance, and dismantling of drilling carrier, over regular routes, between Ad­ Pennsylvania, Delaware, Maryland, and machinery and equipment, (b) the com­ dison, Wis., and junction Wisconsin Virginia; lime, from Le Gore, Md., to pletion of holes or wells drilled, (c) the Highway 33 and U.S. Highway 41, be­ points in Cumberland and Salem Coun­ Production, storage, and transmission of tween Addison, Wis., and Milwaukee, ties, N.J.; materials and equipment used commodities resulting from drilling op­ Wis., serving all intermediate points, be­ in manufacture of glassware, from points erations at well or whole sites, and (d) tween junction Wisconsin Highways 83 in New York, Pennsylvania, Delaware, the injection or removal of commodities and 175, and Hartford, Wis., serving all Maryland, and Virginia, to Salem, N.J.; into or from holes or wells, as a common intermediate points and serving Hartford and petroleum products, in containers, for the purpose of joinder only, between carrier, over irregular routes, from and from Marcus Hook, Pa., to certain speci­ junction Washington County Trunk W fied points in New Jersey. NATIONAL ° points set forth above in connection and Wisconsin Highway 175, and junc­ FREIGHT, INC. is authorized to operate

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9192 NOTICES

as a common carrier in New Jersey, a line beginning at Baltimore and ex­ ties, Tex., on the one hand, and, on Pennsylvania, New York, Connecticut, tending north along U.S. Highway 111 to the other, points in Louisiana; and such Massachusetts, Rhode Island, Delaware, the Maryland-Pennsylvania State line shipbuilding, ship repair, ship mainte­ Maryland, Florida, New Hampshire, north of the Chesapeake Bay and Chesa­ nance and marine equipment, materials, Ohio, Vermont, Virginia, West Virginia, peake & Delaware Canal, certain speci­ and supplies, as require the use of spe­ Wisconsin, Illinois, Indiana, Maine, fied points in Pennsylvania and New cial equipment because of size or weight, Michigan, Minnesota, Missouri, and the York, with restrictions; building mate­ between points in Jefferson and Orange District of Columbia. Application has not rials, except liquids, in bulk, in tank Counties, Tex., on the one hand, and, on been filed for temporary authority under trucks, from Kearny, N.J., to points in the other, Mobile, Ala. Vendee is au­ section 210a(b). Connecticut, Delaware, Maryland, Mas­ thorized to operate as a common carrier No. MC-F-9794. Authority sought for sachusetts, New York, Pennsylvania, and in Louisiana and Texas. Application has purchase by LOUIS J. KENNEDY Rhode Island, within 200 miles of not been filed for temporary authority TRUCKING COMPANY, 342 Schuyler Kearny. under section 210a(b). Avenue, Kearny, N.J., of the operating Gypsum products and building ma­ By the Commission. rights and property of LOUIS J. terials (except commodities in bulk and KENNEDY, 342 Schuyler, Avenue, commodities which because of size or [ s e a l ] H. N e il G arson, Kearny, N.J., and for acquisition by weight require the use of special equip­ Secretary. LOUIS J. KENNEDY, also of Kearney, ment), from the plant and warehouse [P.R. Doc. 67-7283; Piled, June 27, 1967; N.J., of control of such rights and prop­ sites of Kaiser Gypsum Co., Inc., at or 8:48 a n ] erty through the purchase. Applicants’ near Jacksonville, Fla., to points in representative: Bert Collins, 140 Cedar Georgia, South Carolina, Alabama, and [Notice 452] Street, New York, N.Y. 10006. Operating certain specified points in Tennessee, rights sought to be transferred: Build- from the plant and warehouse sites of MOTOR CARRIER ALTERNATE ROUTE ing materials, except cement, lumber, Kaiser Gypsum Co., Inc., at or near DEVIATION NOTICES brick, and liquid commodities in bulk, Jacksonville, Fla., to points in North J u n e 23, 1967. as a contract carrier, over irregular Carolina and Tennessee, with restric­ routes, from the site of the plant of the tions; and building materials, gypsum The following letter-notices of pro­ United States Gypsum Co., near Stony and gypsum products (except commodi­ posals to operate over deviation routes Point, N.Y., to certain specified points in ties in bulk), and materials and supplies for operating convenience only have been New York, Pennsylvania, and all points used in the installation and application filed with the Interstate Commerce Com­ in Connecticut, Massachusetts, New of such commodities (except commodi­ mission, under the Commission’s Devia­ Hampshire, New Jersey, Rhode Island, ties in bulk), from the plant and stor­ tion Rules Revised, 1957 (49 CFR 211.1 and Vermont; gypsum "board paper, from age facilities of United States Gypsum (c) (8)) and notice thereof to all inter­ the site of the plant of the United States Co. at Stony Point, N.Y., to points in ested persons is hereby given as provided Gypsum Co. at Clark Township (Union New York, New Jersey, Pennsylvania, in such rules (49 CFR 211.1(d) (4 )). County), N.J., to the site of the plant of Delaware, Maryland, Connecticut, Mas­ Protests against t£e use of any pro­ the United States Gypsum Co. near Stony sachusetts, New Hampshire, Rhode posed deviation route herein described Point, N.Y.; lime and lime products, ex­ Island, Vermont, and the District of may be filed with the Interstate Com­ cept liquid commodities in bulk, from Columbia, with restriction. LOUIS J. merce Commission in the manner and Famams, Mass., and the site of the plant KENNEDY TRUCKING COMPANY, form provided in such rules (49 CFR of the United States Gypsum Co. at Falls holds no authority from this Commis­ 211.1(e)) at any time, but will not oper­ Village, Conn., to the site of the plant sion. However, its controlling stockholder ate to stay commencement of the pro­ of the United States Gypsum Co. near also controls L. J. KENNEDY TRUCK­ posed operations unless filed within 30 Stony Point, N.Y,; pulpboard, from the ING CORP., Route 1 and Tuxedo, Lin­ days from the date of publication. site of the plant of the United States den, N.J. 07036, which is authorized to Successively filed letter-notices of the Gypsum Co. at Jersey City, N.J., to the operate as a contract carrier in Penn­ same 'carrier under the Commission’s site of the plant of the United States sylvania, and New Jersey. Application Deviation Rules Revised, 1957, will be Gypsum Co. near Stony Point, N.Y.; pal­ has not been filed for temporary au­ numbered consecutively for convenience lets used in transporting the above-de­ thority under section 210a(b). in identification and protests if any scribed commodities, from the destina­ No. MC-F-9795. Authority sought for should refer to such letter-notices by tion points described above, to the above purchase by H. S. ANDERSON TRUCK­ number. specified origin points. . ING COMPANY, Port Arthur Highway- ' M otor C arriers o p P roperty Iron and steel building materials, U.S. Nos. 69, 96, 287, Post Office Box machine parts, and hoisting equipment, 3656, Port Arthur, Tex. 77040, of a por­ No. MC 26739 (Deviation No. 29), between Newark, N.J., on the one hand, tion of the operating rights and certain CROUCH BROS., INC., Post Office Box and, on the other, New York, N.Y., and property of CECIL E. VALLEE, E. H. 1059, St. Joseph, Mo. 64502, filed June 12, certain specified counties in New York VALLEE, EFFIE VALLEE ALBAUGH 1967. Carrier proposes to operate as a and Pennsylvania; iron and steel cast­ AND HELEN VALLEE WITHERS, do­ common carrier, by motor vehicle, of ing, forged metal articles, bar steel, ing business as UNION CITY TRANS­ general commodities, with certain excep­ electrical equipment and supplies, lock- FER, 1295 Railroad, Post Office Box tions, over a deviation route as follows: washers, windows, window sash, window 3505, Beaumont, Tex. 77704, and for ac­ From Davenport, Iowa, over Interstate glass in frames of all types, oil in drums, quisition by H. S. ANDERSON, 3733 Highway 80 to junction Iowa Highway and empty oil drum containers, between Platt Avenue, Port Arthur, Tex., of con­ 25, thence over Iowa Highway 25 to junc­ Newark, N.J., on the one hand, and on trol of such rights and property through tion Iowa Highway 92, thence over Iowa the other, certain specified points ia the purchase. Applicants’ attorneys: Highway 92 to junction Iowa Highway Pennsylvania, New York, N.Y., Wilming­ John H. Benckenstein, Post Office Box 148, thence over Iowa Highway 148 to ton, Del., and certain specified counties 551, Beaumont, Tex. 77704, and Thomas Bedford, Iowa, and return over the same in New York; iron and steel sheets, strip, E. James, 904 Lavaca, Austin, Tex. route, for operating convenience only. bars, pipe and tubing, rods, plates, strap­ 78701. Operating rights sought to be The notice indicates that the carrier is ping, banding, wire mesh, and struc- transferred: Structural and plate steel, presently authorized to transport the turals and aluminum sheets, bars, angles, reinforcing steel, and tank steel, con­ same commodities, over a pertinent serv­ rods, tubing, and plates, between the tractors’ machinery, equipment and sup­ ice route as follows: From Chicago, DL» warehouses of the United States^ Steel plies, and such commodities as require over U.S. Highway 66 to junction U.S. Highway 52, thence over U.S. Highway 52 Supply Division, United States Steel the use of special equipment by reason of size or weight, and parts thereof, to junction U.S. Highway 51, thence over Corp., Newark, N.J., on the one hand, when moving in connection with above- U.S. Highway 51 to Mendota, 111., thence and, on the other, points in Delaware, named commodities, as a common car­ over Illinois Highway 92 to Moline-Rock Massachusetts, Rhode Island, Connecti­ rier, over irregular routes, between Island, 111., thence across the Mississippi cut, points in Maryland on and east of points in Orange and Jefferson Coun- River to Junction U.S. Highway 61,

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9193

thence over U.S. Highway 61 to junction thence over U.S. Highway 61 to junction Highway 275 to junction Interstate Iowa Highway 92, thence over Iowa Iowa Highway 92, thence over Iowa Highway 71, thence over Interstate Highway 92 to Washington, Iowa, thence Highway 92 to Washington, Iowa, thence Highway 71 to junction Interstate High­ over Iowa Highway 1 to Fairfield, Iowa, over Iowa Highway 1 to Fairfield, Iowa, way 70, thence over Interstate Highway thence over U.S. Highway 34 to Ottumwa, thence over U.S. Highway 34 to Ottum­ 70 (using U.S. Highway 40 where the Iowa, thence over U.S. Highway 63 to wa, Iowa, thence over UJS. Highway 63 portions of the Interstate Highway is not Bloomfield, Iowa, thence over Iowa High­ to Bloomfield, Iowa, thence over Iowa completed) to Zanesville, Ohio, and re­ way 2 to Bedford, Iowa, thence over Highway 2 to Bedford, Iowa, thence over turn over the same route, for operating Iowa Highway 148 to the Iowa-Missouri Iowa Highway 148 to the Iowa-Missouri convenience only. The notice indicates State line, thence over Missouri Highway State line, thence over Missouri High­ that the carrier is presently authorized 27 to junction US. Highway 71, thence way 27 to junction U.S Highway 71, to transport the same commodities, over over U.S. Highway 71 to Maryville, Mo., thence over U.S. Highway 71 to Mary­ a pertinent service route as follows: and return over the same route. ville, Mo., and (2) from Maryville, Mo., Between Cincinnati, Ohio, and Zanes­ No. MC 26739 (Deviation No. 30), over U.S. Highway 71 to Clarinda, Iowa, ville, Ohio, over U.S. Highway 22. CROUCH BROS., INC., Post Office Box thence over Iowa Highway 2 to Shenan­ No. MC 44592 (Sub-No. 1) (Deviation 1059, St. Joseph, Mo. 64502, filed June 12, doah, Iowa, thence over UJS. Highway 59 No. 15), MIDDLE ATLANTIC TRANS­ 1967. Carrier proposes to operate as a to Emerson, Iowa, thence over U.S. High­ PORTATION CO., INC., 976 West Main common carrier, by motor vehicle, of way 34 to Glenwood, Iowa, thence over Street, New Britain, Conn. 06050, filed general commodities, with certain ex­ U.S. Highway 275 to Omaha, Nebr., and June 12, 1967. Carrier proposes to oper­ ceptions, over a deviation route as fol­ return over the same routes. ate as a common carrier, by motor ve­ lows: From Davenport, Iowa, over Inter­ No. MC 26739 (Deviation No. 32), hicle, of general commodities, with cer­ state Highway 80 to junction Interstate CROUCH BROS., INC., Post Office Box tain exceptions, over a deviation route Highway 35, thence over Interstate 1059, St. Joseph, Mo. 64502, filed June 12, as follows: From junction Interstate Highway 35 to junction U.S. Highway 34, 1967. Carrier proposes to operate as a Highway 71 and Ohio Highways 1 and thence over US. Highway 34 to junction common carrier, by motor vehicle, of 18, located about 4 miles east of Medina, Iowa Highway 148, thence over Iowa general commodities, with certain excep­ Ohio, over Interstate Highway 71 to Highway 148 to Bedford, Iowa, and re­ tions, over a deviation route, as follows: Cleveland, Ohio, and return over the turn over the same route, for operating From Davenport, Iowa, over Interstate same route, for operating convenience convenience only. The notice indicates Highway 80 to junction Interstate High­ only. The notice indicates that the car­ that the carrier is presently authorized way 35, thence over Interstate Highway rier is presently authorized to transport to transport the same commodities, over 35 to junction U.S. Highway 34, thence the same commodities, over a pertinent a pertinent service route as follows: From over U.S. Highway 34 to junction U.S. service route as follows: From junction Chicago, HI., over U.S. Highway 66 to Highway 71, thence over U.S. Highway 71 Interstate Highway 71 and Ohio High­ junction U.S. Highway 52, thence over to Clarinda, Iowa, and return over the ways 1 and 18 over Interstate Highway U.S. Highway 52 to junction U.S. High­ same route, for operating convenience 71 to junction Ohio Highway 3, located way 51, thence over U.S. Highway 51 to only. The notice indicates that the carrier at or near Weymouth, Ohio, thence over Mendota, HU thence over Illinois High­ is presently authorized to transport the Ohio Highway 3 to Cleveland, Ohio, and way 92 to Moline-Rock Island HI., thence same commodities over pertinent service return over the same route. across the Mississippi River to junction routes as follows: (1) From Chicago, HL, No. MC 44592 (Sub-No. 1) (Deviation U.S. Highway 61 to junction U.S. High­ over U.S. Highway 66 to junction U.S. No. 16), MIDDLE ATLANTIC TRANS­ way 61 to junction Iowa Highway 92, Highway 52, thence over U.S. Highway PORTATION CO., INC., 976 West Main thence over Iowa Highway 92 to Wash­ 52 to junction UjS. Highway 51, thence Street, New Britain, Conn. 06050, filed ington, Iowa, thence over Iowa Highway over U.S. Highway 51 to Mendota, 111., June 12, 1967. Carrier proposes to oper­ 1 to Fairfield, Iowa, thence over U.S. thence over Illinois Highway 92 to ate as a common carrier, by motor ve­ Highway 34 to Ottumwa, Iowa, thence Moline-Rock Island, HI., thence across hicle, o f general commodities, with cer­ over U.S. Highway 63 to' Bloomfield, the Mississippi River to junction U.S. tain exceptions, over a deviation route Iowa, thence over Iowa Highway 2 to Highway 61, thence over U.S. Highway as follows: Between Zanesville, Ohio, Bedford, Iowa, thence over Iowa High­ 61 to junction Iowa Highway 92, thence and Washington, Pa., over Interstate way 148 to the Iowa-Missouri State line, over Iowa Highway 92 to Washington, Highway 70 (using U.S. Highway 40 thence over Missouri Highway 27 to junc­ Iowa, thence over Iowa Highway 1 to where the portions of the interstate tion U.S. Highway 71, thence over U.S. Fairfield, Iowa, thence over UJS. High­ highway is not -completed), for operat­ Highway 71 to Maryville, Mo., and return way 34 to Ottumwa, Iowa, thence over ing convenience only. The notice indi­ over the same route. UJS. Highway 63 to Bloomfield, Iowa, cates that the carrier is presently au­ No. MC 26739 (Deviation No. 21), thence over Iowa Highway 2 to Bedford, thorized to transport the same commodi­ CROUCH BROS., INC., Post Office Box Iowa, thence over Iowa Highway 148 to ties, over a pertinent service route as 1059, St. Joseph, Mo. 64502, filed June 12, the Iowa-Missouri State line, thence follows: Between Columbus, Ohio, and 1067. Carrier proposes to operate as a over Missouri Highway 27 to junction Washington, Pa., over U.S. Highway 40. UJS. Highway 71, thence over U.S. High­ common carrier, by motor vehicle, of No. MC 52953 (Deviation No. 8), ET general commodities, with certain ex­ way 71 to Maryville, Mo., and (2). from Maryville, M o, over U.S. Highway 71 to & WNC TRANSPORTATION COM­ ceptions, over a deviation route as fol­ PANY, 132 Legion Street, Johnson City, lows: From Davenport, Iowa, over Inter­ Clarinda, Iowa, thence over Iowa High­ Term. 37601, filed June 12, 1967. Car­ way 2 to Shenandoah, Iowa, thence over state Highway 80 to junction U.S. High­ rier proposes to operate as a com m on U.S. Highway 59 to Emerson, Iowa, way 6, thence over U.S. Highway 6 to carrier, by motor vehicle, of general junction U.S. Highway 71, thence over thence over U.S. Highway 34 to Glen­ wood, Iowa, thence over U.S. Highway commodities, with certain exceptions, u.S. Highway 71 to Clarinda, Iowa, and over a deviation route as follows: From return over the same route, for operat­ 275 to Omaha, Nebr., and return over the same routes. Greenville, S.C., over Interstate Highway es convenience only. The notice indi­ 85 to junction Interstate Highway 285 cates that the carrier is presently au­ No. MC 44592 (Sub-No. 1) (Deviation (near Atlanta, G a.), thence over Inter­ thorized to transport the same commodi­ No. 14), MIDDLE ATLANTIC TRANS­ state Highway 285 to junction Interstate ties, over pertinent service routes as fol­ PORTATION CO., INC., -976 West Main Highway 75, thence over Interstate lows: ( 1) From Chicago, 111., over U.S. Street, New Britain, Conn. 06050, filed Highway 75 to Chattanooga, Tenn., and Highway 66 to junction U.S. Highway June 12, 1967. Carrier proposes to oper­ return over the same route, for operating 52> thence over U.S. Highway 52 to ate as a common carrier, by motor vehi­ convenience only. The notice indicates Junction U.S. Highway 51, thence over cle, of general commodities, with certain that the carrier is presently authorized u.S. Highway 51 to Mendota, HL, thence exception, over a deviation route as fol­ to transport the same commodities, over over Illinois Highway 92 to Moline-Rock lows: From Cincinnati, Ohio, over Inter­ a pertinent service route as follows: stand, HI., thence across the Mississippi state Highway 75 to junction Interstate From Greenville, S.C., over U.S. Highway River to junction U.S. Highway 61, Highway 275, thence over Interstate 25 to Asheville, N.C., thence ova- U.S.

FEDERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9194 NOTICES

Highway 70 to Knoxville, Terin., therice junction Indiana Highway 51, thence No. MC 109780 (Deviation No. 19), over U.S. Highway 11 to Chattanooga, over Indiana Highway 51 to Hobart, Ind., TRANSCONTINENTAL BUS SYSTEM, Tenn., and return over the same route. thence over Indiana Highway 130 .to INC., 315 Continental Avenue, Dallas, Tex. 75207, filed June 12, 1967. Carrier No. MC 82160 (Deviation No. 1), Valparaiso, Ind., (4) from junction U.S. Highways 41 and 30 over U.S. Highway proposes to operate as a common carrier, MOUNTAIN ROAD AUTO FREIGHT by motor vehicle, of passengers and their CO., INC., 1821 Dock Street, Tacoma, 30 to Dyer, Ind., thence over Indiana Highway 141 to junction U.S. Highway baggage, and express and newspapers in Wash. 98402, filed May 22, 1967. Carrier the same vehicle with passengers, over a proposes to operate as a common carrier, 41, thence over U.S. Highway 41 to Chi­ cago, 111., (5) from Chicago, 111., over deviation route as follows: Between Tex­ by motor vehicle, transporting general arkana, Tex., and junction Interstate commodities, with certain exceptions, Alternate U.S. Highway 30 (formerly U.S. Highway 83) to junction U.S. High­ Highway 30 and U.S. Highway 82,2 miles over a deviation route as follows: Be­ west of New Boston, Tex., over Interstate tween Tacoma, Wash., and Chehalis, way 30, thence over U.S. Highway 30 to Valparaiso, Ind., (6) from junction U.S. Highway 30, for operating convenience Wash., over Interstate Highway 5, for only. The notice indicates that the car­ operating convenience only. The notice Highway 6 and 41 and Indiana Highway 152, approximately 1 mile south of rier is presently authorized to transport indicates that the carrier is presently passengers and the same property over a authorized to transport the same com­ Hammond, Ind., over Indiana Highway 152 to junction Tri-State Expressway, pertinent service route as follows: From modities, over a pertinent service route Texarkana, Tex., over U.S. Highway 82 as follows: From Tacoma, Wash., over thence over Tri-State Expressway to junction Calumet Expressway, thence to Wichita Falls, Tex., and return over Washington Highway 7 (formerly Wash­ the same route. ington Highway 5) via La Grande and over Calumet Expressway to Chicago, Elbe, Wash., to Morton, Wash., thence 111., and (7) from the Indiana-Ohio By the Commission. over Washington Highway 141 (formerly State line, near U.S. Highway 20 over Indiana East-West Toll Road (also [ s e a l ] H. N e il G arson, Washington Highway 5) to Riffe, Wash., Secretary. thence over Washington Highway 14 known as Indiana Turnpike) to the (formerly Washington Highway 5) to Indiana-Illinois State line at Hammond, [F.R. Doc. 67-7284; Filed, June 27, 1967; Ethel, Wash., thence over unnumbered Ind., and return over the same routes. 8:48 a.m.] highway to Onalaska, Wash., thence over No>JMC 28462 (Deviation No. 4), DEN- VER-COLORADO SPRINGS-PUEBLO Washington Highway 508 (formerly U.S. [Notice 409] Highway 99) to Chehalis, Wash., and MOTOR WAY, INC., 2450 Curtis Street, return over the same route. Denver, Colo. 80205, filed June 9, 1967. * MOTOR CARRIER TEMPORARY Carrier proposes to operate as a common AUTHORITY APPLICATIONS No. MC 1515 (Deviation No. 386), carrier, by motor vehicle, of passengers GREYHOUND LINES, INC. (Southern and their baggage, and express and J u n e 23,1967. Division), 219 East Short Street, Lexing­ newspapers in the same vehicle with pas­ The following are notices of filing of ton, Ky. 40507, filed June 12, 1967. Car­ sengers, over a deviation route as follows: applications for temporary authority un­ rier proposes to operate as a common From junction Interstate Highway 25 der section 210a(a) of the Interstate carrier, by motor vehicle, of passengers and U.S. Highway 85-87 north of Wal- Commerce Act provided for under the and their baggage, and express and senburg, Colo., over Interstate Highway new rules of Ex Parte No. MC 67 (49 CFR newspapers, hr the same vehicle with 25 to junction U.S. Highway 85-87 south 340), published in the F ederal R egister, passengers, over a deviation route as of Walsenburg, Colo., and return over issue of April 27, 1965, effective July 1, follows: From Savannah, Ga., over the same routes, for operating conven­ 1965. These rules provide that protests Interstate Highway 16 to junction U.S. ience only. The notice indicates that the to the granting of an application must be Highway 280 (approximately 2 miles carrier is presently authorized to trans­ filed with the field official named in the southwest of Blichton), thence over U.S. port passengers and the same property, F ederal R egister publication, within 15 Highway 280 to Blichton, Ga., and re­ over a pertinent service route as follows: calendar days after the date of notice of turn over the same route, for operating From Denver, Colo., over U.S. Highway the filing of the application is published convenience only. The notice indicates 85 to Trinidad, Colo., and return over in the F ederal R eg ister . One copy of that the carrier is presently authorized the same route. such protest must be served on the appli­ to transport passengers and the same No. MC 107586 (Deviation No. 9), cant, or its authorized representative, if property, over a pertinent service route CONTINENTAL BUS SYSTEM, INC., any, and the protests must certify that as follows: Between Macon, Ga., and 2450 Curtis Street, Denver, Colo. 80205, such service has been made. The protest Savannah, Ga., over U.S. Highway 80. filed June 14, 1967. Carrier proposes to must be specific as to the service which No. MC 1515 (Deviation No. 387), operate as a common carrier, by motor such protestant can and will offer, and GREYHOUND LINES, INC. (Eastern vehicle, of passengers and their baggage, must consist of a signed original and 6 Division), 1400 West Third Street, Cleve­ and express and newspapers in the same copies. land, Ohio 44113, filed June 13, 1967. vehicle with passengers, over deviation A copy of the application is on file, and Carrier proposes to operate as a common routes as follows: (1) Between Spanish can be examined at the Office of the Sec­ carrier, by motor vehicle, of passengers Fork, Utah, and Provo, Utah, over Inter­ retary, Interstate Commerce Commis­ and their baggage, and express and state Highway 15, and (2) between Salt sion, Washington, D.C., and also in the newspapers, in the same vehicle with Lake City, Utah, and Murray, Utah, over field office to which protests are to be passengers, over a deviation route as fol­ Interstate Highway 15, for operating transmitted. lows: From junction Interstate High­ convenience only. The notice indicates way 80-94 and U.S. Highway 41 in Ham­ that the carrier is presently authorized M otor C arriers o f P roperty mond, Ind., over Interstate Highway to transport passengers and the same No. MC 60014 (Sub-No. 24 T A ), filed 80-94 to junction the Indiana East-West property, over pertinent service routes as June 20, 1967. Applicant: AERO Toll Road, and return over the same follows: (1) From Sale Lake City, Utah, TRUCKING, INC., Box 278, Rural De­ route, for operating convenience only. over Alternate U.S. Highway 50 (for­ livery No. 1, Oakdale, Pa. 15071. Appli" The notice indicates that the carrier is merly U.S. Highway 50), via Springfield, cant’s representative: A. Charles Tell, presently authorized to transport pas­ Utah, to junction U.S. Highway 50, Columbus Center* 100 East Broad Street, sengers and the same property over per­ thence over U.S. Highway 50 to Grand Columbus, Ohio 43215. Authority sought tinent service routes as follows: From Junction, Colo., and (2) from Salt Lake to operate as a common carrier, by mo­ Chicago, 111., over U.S. Highway 12 via City, Utah, over Alternate U.S. Highway tor vehicle, over irregular routes, trans­ Michigan City, Ind., and New Buffalo, 50 (formerly U.S. Highway 50) to junc­ porting: (1) Building, roofing, and in­ Mich., to Benton Harbor, Mich., (2) from tion U.S. Highway 91, thence over U.S. sulating materials; cement-asbestos Chicago, 111., over U.S. Highway 41 to Highway 91 to Nephi, Utah, thence over products; conduit or pipe, cement con­ Hammond, Ind., thence over U.S. High­ Utah Highway 11 to Pigeon Hollow Junc­ taining asbestos fibre and related arti­ way 20 via Gary, Rolling Prairie, and tion, Utah, thence over U.S. Highway 89 South Bend, Ind., to Elkhart, Ind., (3) via Sevier, Utah, to Marysvale, Utah, and cles, from the plants and warehouses of from Gary, Ind., over U.S. Highway 6 to return over the same routes. the Johns-Manville Products Corp. at

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9195

Waukegan, HI., to points in Indiana, CENTRAL RAILROAD COMPANY, 135 by motor vehicle, over irregular routes, Kentucky, Iowa, Missouri, Mississippi, East 11th Place, Chicago, 111. 60605. Ap­ transporting: Mineral filler, in bulk and Tennessee, Wisconsin, Minnesota, Ne­ plicant’s representative: John H. Doerin- in bags, from Superior, Wis., to points braska, South Dakota, and North Da­ ger (same address as above). Authority in Minnesota; for 150 days. Supporting kota; and (2) 'building, roofing, and in­ sought to operate as a common carrier, shipper: J. L. Shiely Co., 1101 Snelling sulating materials, from the plant and by motor vehicle, over irregular routes, Avenue North, St. Paul, Minn. 55108. warehouse of Johns-Manville Perlite transporting: Baled cotton and com­ Send protests to: A. E. Rathert, District Corp. at Rockdale, 111., to points in In­ pressed cotton, from points in Mississippi Supervisor, Bureau of Operations, Inter­ diana, Kentucky, Iowa, Michigan, Mis­ on and north of U.S. Highway 80 between state Commerce Commission, 448 Federal souri, Mississippi, Ohio, Pennsylvania, Jackson and Vicksburg and on and west Building and U.S. Courthouse, 110 South New York, Tennessee, Wisconsin, West of U.S. Highway 51 and Interstate High­ Fourth Street, Minneapolis, Minn. 55401. Virginia, Minnesota, Nebraska, South way 55 between Jackson and the Missis- No. MC 108449 (Sub-No. 264 T A ), filed Dakota, and NorthDakota; for 180 days. sippi-Tenriessee State line, to points in Supporting shippers: Johns-Manville June 20, 1967. Applicant: INDIANHEAD Mississippi on and north of U.S. High­ TRUCK LINE, INC., 1947 West County Products Corp., Waukegan, 111. 60085; way 80 between Jackson and Vicksburg and Johns-Manville Perlite Corp., Rock­ Road C, St. Paul, Minn. 55113. Ap­ and on and west of U.S. Highway 51 and plicant's representative: W. A. Myllen­ dale, 111. 60433. Send protests to: Gasper Interstate Highway 55 between Jackson Piovarchy, Jr., District Supervisor, Bu­ beck (same address as above). Authority and the Mississippi-Tennessee State line sought to operate as a common carrier, reau of Operations, Interstate Commerce and Memphis, Tenn.; points of service Commission, 2109 Federal Building, 1000 by motor vehicle, over irregular routes, to be stations of the Illinois Central Rail­ transporting: Asphalt, in bulk, from Des Liberty Avenue, Pittsburgh, Pa. 15222. road Co.; for 180 days. N o t e : Applicant No. MC 72420 (Sub-No. 6 T A ), filed Moines, Iowa, to points in Minnesota; for states that it intends to tads and that 150 days. Supporting shipper: Bitucote June 21, 1967. Applicant: THE ACE MO­ the authority sought will be used as a TOR TRANSPORT COMPANY, a cor­ Products Co., 1824 Knox Avenue, St. gathering service for reshipment of cot­ Louis, Mo. 63139. Send protests to: A. E. poration, 3103 Tiffin Avenue, Sandusky, ton by rail in carload lots. Supporting Ohio 44870. Applicant’s representative: Rathert, District Supervisor, Bureau of shippers: There art 8 shipper’s support­ Operations, Interstate Commerce Com­ Robert A. Sullivan, 1800 Buhl Building, ing statements attached to application, Detroit, Mich. 48226. Authority sought mission, 448 Federal Building, and U.S. which may be examined at the Interstate Courthouse, 110 South Fourth Street, to operate as a common carrier, by mo­ Commerce Commission in Washington, Minneapolis, Minn. 65401. tor vehicle, over irregular routes, trans­ D.C., or at the field office named below. No. MC 113828 (Sub-No. 130 T A ), filed porting: Automobile parts, assemblies, Send protests to: William E. Gallagher, and materials used in the manufacture June 21, 1967. Applicant: O’BOYLE District Supervisor, Bureau of Opera­ TANK LINES, INCORPORATED, 4848 of automobiles; serving the Willow Run tions, Interstate Commerce Commission, Airport located at Ypsilanti, Mich., as Cordell Avenue, Washington, D.C. 20423. 219 South Dearborn Street, Room 1086, Authority sought to operate as a com­ an off-route point in connection with Chicago, HI. 60604. carrier’s presently authorized regular mon carrier, by motor vehicle, over ir­ route operations to and from Sandusky, No. MC 103494 (Sub-No. 10 T A ), filed regular routes, transporting: Salt cake, Ohio; restricted to shipments having a June 21, 1967. Applicant: EASLEY in bulk, from Front Royal, Va., to Luke, prior or subsequent movement by air; HAULING SERVICE, INC., 902 North Md.; for 150 days. Supporting shipper: First Avenue, Yakima, Wash. 98902. Au­ for 180 days. Supporting shipper: Ford FMC Corp., 633 Third Avenue, New Motor Co., the American Road, Dear­ thority sought to operate as a contract York, N.Y. 10017. Send protests to: carrier, by motor vehicle, over irregular born, Mich. Send protests to: Keith D. Robert D. Caldwell, District Supervisor, routes, transporting: Shipping con­ Warner, District Supervisor, Bureau of Bureau of Operations, Interstate Com­ tainers, from Longview, Wash., to points Operations, Interstate Commerce Com­ merce Commission, Room 1220,12th and in Nez Perce County, Idaho; for 180 days. mission, 5234 Federal Office Building, 234 Constitution Avenues NW., Washington Supporting shipper: Longview Fibre Co., Summit Street, Toledo, Ohio, 43604. D C. 20423. Longview, Wash. 98632. Send protests to: No. MC 114334 (Sub-No. I I T A ), filed No. MC 73826 (Sub-No. 5 T A ), filed S. F. Martin, District Supervisor, Bureau June 19, 1967. Applicant: HASLETT June 19, 1967. Applicant: BUILDERS of Operations, Interstate Commerce COMPANY, Post Office Box 3270, 680 TRANSPORTATION COMPANY, 3265 Commission, 450 Multnomah Building, Tulane Road, Memphis, Tenn. 38116. Beach Street, San Francisco, Calif. 94119. Portland, Oreg. 97204. Applicant’s representative: Marvin Applicant’s representative: Dale Wood- Handler, 405 Montgomery Street, San No. MC 106603 (Sub-No. 94 T A ), filed all, 900 Memphis Bank Building, Francisco, Calif 94104. Authority sought June 19, 1967. Applicant: DIRECT Memphis, Tenn. 38103. Authority sought to operate as a common carrier, by motor TRANSIT LINES, INC., 200 Colrain to operate as a common carrier, by motor vehicle, over irregular routes, transport­ Street SW., Grand Rapids, Mich. 49508. vehicle, over irregular routes, transport­ ing: General commodities (except classes Applicant’s representative: Robert E. ing: Prefabricated metal buildings, pre­ A and B explosives), which are moving Gesell, 1800 Buhl Building, Detroit, Mich. fabricated metal building sections m motor vehicles equipped with refrig­ 48226. Authority sought to operate as a knocked down, component parts thereof, eration, temperature or atmospheric con­ common carrier, by motor vehicle, over and equipment, materials and supplies trol, between points in Alameda, Contra irregular routes, transporting: Salt and used in the installation, construction, or Costa, Sacramento, San Francisco, San salt products (except in bulk), from erection thereof (except metal buildings Joaquin, Santa Clara, Solano, Stanislaus, Manistee, Mich., to points in Allegheny, which are designed to be drawn by pas­ and Yolo Counties, Calif., which are sta­ Beaver, Butler, Cambria, Clarion, Clear­ senger vehicles, and except commodities tions of the Western Pacific Railroad Co. field, Crawford, Elk, Erie, Fayette, Forest, which, by reason of their size or weight, or its subsidiaries, Sacramento Northern Greene, Indiana, Jefferson, Lawrence, require special equipment, or special Railway and Tidewater Southern Rail­ Mercer, Somerset, Venango, Warren, handling), from Evansville, Wis., to way Co., moving in substituted service on Washington, and Westmoreland Coun­ points in Iowa, Illinois, Nebraska, Kan­ rail billing; for 180 days. Supporting ties, Pa.; for 180 days. Supporting ship­ sas, Missouri, Oklahoma, New Mexico, shipper: Western Pacific Railroad-Co., per: Hardy Salt Co., St. Louis, Mo. 63166. Arizona, Texas, Louisiana, Arkansas, Send protests to: C. R. Flemming, Dis­ Tidewater Southern Railway Co., Sacra­ Mississippi, Tennessee, Indiana, Ken­ trict Supervisor, Bureau of Operations, mento Northern Railway, 526 Mission tucky, Alabama, Florida, Georgia, South Interstate Commerce Commission, 221 street, San Francisco, Calif. Send pro­ Carolina, North Carolina, Virginia, West Federal Building, Lansing, Mich. 48933. tests to: William R. Murdoch, District Virginia, and Ohio; for 180 days. Sup­ No. MC 108449 (Sub-No. 263 T A ), filed porting shipper: Pruden Products Co., supervisor, Bureau of Operations, Inter­ June 19, 1967. Applicant: INDIANHEAD Evansville, Wis. 53538 (Glen L. Gissing, state Commerce Commission, 450 Golden TRUCK LINE, INC., 1947 West County ^ate Avenue, Box 36004, San Francisco. Traffic Manager). Send protests to: Calif. 94102. Road C, St. Paul, Minn. 55113. Appli­ cant’s representative: W. A. Myllenbeck W. W. Garland, District Supervisor, Bu­ NO. MC 86779 (Sub-No. 30 T A ), filed (same address as above). Authority reau of Operations, Interstate Com­ June 21, 1967. Applicant: ILLINOIS sought to operate as a common carrier, merce Commission, 390 Federal Office

FEDERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9196 NOTICES

Building, 167 North Main, Memphis, Federal Office Building, Memphis, Tenn. Hart, Forsyth, Jackson, Madison, Elbert, Tenn. 38103. 38103. Fulton, Douglas, Carroll, Coweta, Fay­ No. MC 115826 (Sub-No. 177 T A ), filed No. MC 129180 TA, filed June 19, 1967. ette, Meriwether, Spalding, Henry, June 19, 1967. Applicant: W. J. DIGBY, Applicant: ROBERT D. CAPISTRANT, Gwinnett, Barrow, Clarke, Oconee, Ogle­ INC., Post Office Box 5088, Terminal doing business as CAPPIE’S TRUCKING thorpe, Wilkes, De Kalb, Walton, Clay­ Annex, 1960 31st Street, Denver, Colo. CO., 106 Lyton Place, St. Paul, Minn. ton, Pike, Lamar, Upson, Monroe, 80217. Applicant’s representative: John 55117. Applicant’s representative: Carl Crawford, Peach, Bibb, Twiggs, Greene, P. Decock (same address as above). Au­ T. Johnson, Hamm Building, St. Paul, Taliaferro, Rockdale, Morgan, Newton, thority sought to operate as a common t Minn. 55102. Authority sought to operate Jasper, Putnam, Jones, Warren, Colum­ carrier, by motor vehicle, over irregular as a contract carrier, by motor vehicle, bia, Richmond, Duffie, Burke, Jefferson, routes, transporting: Meats, meat prod­ over irregular routes, transporting: Ag­ Glascock, Hancock, Baldwin, Wilkinson, ucts, meat "byproducts, dairy products, gregates such as sand, gravel and crushed Bleckley, Lahgrens, Johnson, and Wash­ and articles distributed by meat pack­ rock, and also sacked lime and cement ington Counties, Ga. (excluding the inghouses, as described in appendix and other building materials, from Lake­ commercial zones of Atlanta, Macon, I to the report in Descriptions in Motor land, Minn., to points in Polk, Pierce, and and Augusta, G a .); restricted to ship­ Carrier Certificates, 61 M.C.C. 209 and St. Croix Counties, Wis.; for 180 days. ments having a prior or subsequent 766, from Denver, Colo., to points in Supporting shipper: Cemstone Products movement beyond said points in con­ Idaho, Nevada, Utah, and Wyoming; for Co., 1520 Minnehaha Avenue, St. Paul, tainers, and further restricted to pickup 180 days. Supporting shipper: Cudahy Minn. Send protests to: A. E. Rathert, and delivery service incidental to and in Co., 100 West Clarendon, Phoenix, Ariz. District Supervisor, Bureau of Opera­ connection with packing, crating, and 85013. Send protests to: Herbert C. tions, Interstate Commerce Commission, containerization, or unpacking, uncrat­ Ruoff, District Supervisor, Bureau of 448 Federal Building and U.S. Court­ ing, and decontainerization of such Operations, Interstate Commerce Com­ house, 110 South Fourth Street, Min­ shipments; for 180 days. Supporting mission, 2022 Federal Building, Denver, neapolis, Minn. 55401. shippers: Perfect Pak Co., 1001 Westlake Colo. 80202. No. MC 129181 TA, filed June 19, 1967. Avenue North, Seattle, Wash. 98109; In­ No. MC 124083 (Sub-No. 35 T A ), filed Applicant: DELRAN CARTAGE & LEAS­ terstate System, 134 Grandville Avenue SW., Grand Rapids, Mich.; Garrett For­ June 21, 1967. Applicant: SKINNER ING CO., INC., Post Office Box 1003, MOTOR EXPRESS, INC., 1035 South Route 130, Delran, N.J. 08075. Appli­ warding Co., Post Office Box 4048, Poca­ Keystone Avenue, «Indianapolis, Ind. cant’s representative: Morton E. Kiel, tello, Idaho 83201. Send protests to: Wil­ 46203. Applicant’s representative: Lee 140 Cedar Street, New York, N.Y. 10006. liam L. Scroggs, District Supervisor, LeMay, 45 North Pennsylvania Street, Authority sought to operate as a contract Bureau of Operations, - Interstate Com­ Suite 312, Indianapolis, Ind. 46204. Au­ carrier, by motor vehicle, over irregular merce Commission, Room 300, 680 West thority sought to operate as a common routes, transporting: Polystyrene foam Peachtree Street NW., Atlanta, Ga. carrier, by motor vehicle, over irregular articles, (1) from Willow Grove, Pa., to 30308. routes, transporting: Bulk and bagged points in New Jersey, New York, Con­ No. MC 129183 TA, filed June 19,1967. commercial fertilizer, from the plantsite necticut, Delaware, Maryland, Virginia, Applicant: VIKING DELIVERY SERV­ at Indianapolis, Ind., to points in Illinois West Virginia, Ohio, and Kentucky, and ICE, INC., 320 Martin Avenue, Santa east of Illinois Highway 51, and rejected the District of Columbia; and (2) from Clara, Calif. 95050. Applicant’s repre­ shipments on return; for 180 days. Sup­ applicant’s warehouse at Delran, N.J., sentative: Richard W. Bangham (same porting shipper: Royster Fertilizers, Post to points in New York, Pennsylvania, address as above). Authority sought to Office Box 21107, Indianapolis, Ind. Connecticut, Delaware, Maryland, Vir­ operate as a contract carrier, by motor 46221. Send protests to: R. M. Hagarty, ginia, West Virginia, Ohio, and Ken­ vehicle, over regular routes, transport­ District Supervisor, Bureau of Opera­ tucky, and the District of Columbia; and ing: Tape or wire, magnetic or sound tions, Interstate Commerce Commission/" returned shipments on return; under a recording, in' boxes, from Santa Clara, 802 Century Building, 36 South Pennsyl­ continuing contract with Sullifoam Inc. Calif., to San Francisco International vania Street, Indianapolis, Ind. 46204. of Willow Grove, Pa.; for 180 days. Sup­ Airport, Calif., over U.S. Highway 101; No. MC 127568 (Sub-No. 7 TA), filed porting- shipper: Sullifoam Inc., 535 under a continuing contract or con­ June 19, 1967. Applicant: MID SOUTH Davisville Road, Willow Grove, Pa. 19090. tracts with Memorex Corp.; for 180 DELIVERY SERVICE CO., 3215 Tulane Send protest to: Raymond T. Jones, Dis­ days. Supporting shipper: Memorex Road, Memphis, Tenn. 38116. Applicant’s trict Supervisor, Bureau of Operations, Corp., 1180 Shulman Avenue, Santa representative: Dale Woodall, 900 Mem­ Interstate Commerce Commission, 410 Clara, Calif. 95050. Send protests to: phis Bank Building, Memphis, Tenn. Post Office Building, Trenton, N.J. 08608. William R. Murdoch, District Super­ 38103. Authority sought to operate as a No. MC 129182 TA, filed June 19, 1967. visor, Bureau of Operations, Interstate common carrier, by motor vehicle, over Applicant: K. W. PLEMONS, doing busi­ Commerce Commission, 450 Golden irregular routes, transporting: Prefabri­ ness as UNIVERSITY MOVING & Gate Avenue, Box 36004, San Francisco, cated metal buildings, prefabricated STORAGE CO., 110 Foundry Street, Calif. 94102. metal building sections knocked down, Athens, Ga. 30601. Applicant’s represent­ No. MC 129186 (Sub-No. 1 T A ), filed component pgrts thereof, and equipment, ative: Ariel Vincent Conlin, Suite 626, June 20, 1967. Applicant: TEEL WIL­ materials, and supplies used in the in­ Fulton National Bank Building, Atlanta, LIAMS & ASSOCIATES OF MEMPHIS stallation, construction, or erection Ga. 30303. Authority sought to operate as TRUCKING, INC., doing business as thereof (except metal buildings which a common carrier, by motor vehicle, over TW A OF MEMPHIS, 615 Falls Building, are designed to be drawn by passenger irregular routes, transporting: House­ Memphis, Tenn. 38103. Applicant’s rep­ vehicles, and except commodities which, hold goods, as defined by the Commis­ resentative: Teel Williams (same ad­ by reason of their size or weight, require sion, between points within a 100-mile dress as above). Authority sought to special equipment, or special handling), radius of Athens, Ga.: Those points in operate as a common carrier, by motor from Evansville, Wis., to points in Iowa, Polk County, Tenn.; Cherokee, Clay, vehicle, over irregular routes, trans­ Illinois, Nebraska, Kansas, Missouri, Macon, Graham, Jackson, Swain, Tran­ porting: New furniture of all types, Oklahoma, New Mexico, Arizona, Texas, sylvania, Henderson, and Haywood manufactured of but not limited to Louisiana, Arkansas, Mississippi, Ten­ Counties, N.C.; Greenville, Pickens, woods, metals, and upholstery, ( 1) be­ nessee, Indiana, Kentucky, Alabama, Oconee, Spartanburg, Anderson, Union, tween points in Virginia, North Caro­ Florida, Georgia, South Carolina, North Laurens, Abbeville, Greenwood, New­ lina, South Carolina, Tennessee, Ken­ Carolina, Virginia, West Virginia, and berry, Saluda, Edgefield, and Aiken tucky, Mississippi, Arkansas, Alabama, Ohio; for 180 days. Supporting shipper: Counties, S.C.; and Fannin, Murray, Georgia, Indiana, Michigan, Illinois, Pruden Products Co., Evansville, Wis. Union, Towns, Rabun, Habersham, Wisconsin, Ohio, and Florida; and (2) 53538 (Glen L. Gissing, Traffic Manager). Stephens, Gilmer, Gordon, Pickens, between points in Texas, Arizona, New Send protests to: W. W. Garland, Dis­ Lumpkin, White, Dawson, Floyd, Bar­ Mexico, Nevada, California, Oregon, trict Supervisor, Bureau of Operations, tow, Polk, Haralson, Butts, Paulding, and Washington; for 180 days. Sup­ Interstate Commerce Commission, 390 Cherokee, Cobb, Hall, Banks, Franklin, porting shippers: C. B. Atkin Co., Post

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 NOTICES 9197

Office Box 1431, Knoxville, Tenn. 37901; L o ng- and-S h o r t H a u l way Co.) and good cause appearing Davis Cabinet Co., Box 5424, Nashville, therefor: Tenn. 37206; Drexel Furniture Co. (a FSA No. 41058— Sand to Horseheads, It is ordered, That: division of Drexel Enterprises, Inc.), N.Y. Filed by Southwestern Freight Bu­ Drexel, N.C. 28619; Futorian Manu­ reau, agent (No. B-8988), for interested ICC Order No. 223 be, and it is hereby facturing Corp. of New York, New Al­ rail carriers. Rates on sand, as described amended by substituting the following bany, Miss. 38652; and Gordon’s, Inc., in the application, in carloads, from paragraph (g) for paragraph (g) there­ Johnson City, Tenn. 37602. Send pro­ Klondike, Ludwig, and Pacific, Mo., to of: tests to: W. W. Garland, District Su­ Horseheads, N.Y. (g) Expiration date: This order shall pervisor, Bureau of Operations, Inter­ Grounds for relief—Market competi­ expire at 11:59 p.m., June 30,1967, unless state Commerce Commission, 390 Fed­ tion. otherwise modified, changed, or sus­ pended. eral Office Building, 167 North Main, Tariff—Supplement 149 to South­ Memphis, Tenn. 38103. western Freight Bureau, agent, tariff It is further ordered, That this amend­ By the Commission. ICC 4565. ment shall become effective at 11:59 p.m. June 23, 1967, and that this order shall [ seal] H . N e il G ar so n , By the Commission. be served upon the Association of Amer­ Secretary. [ s e a l ] H . N e il G a r s o n , ican Railroads, Car Service Division, as [PJR. Doc. 67-7285; Piled, June 27, 1967; Secretary. agent of all railroads subscribing to the 8:48 am .] car service and per diem agreement un­ [P.R. Doc. 67-7286; Filed, June 27, 1967; 8:48 a.m.] der the terms of that agreement, and FOURTH SECTION APPLICATION that it be filed with the Director, Office FOR RELIEF of the Federal Register. [3d Rev. S.O. 562; ICC Order No. 223, Amdt. 1] Issued at Washington, D.C., June 23, J u n e 23,1967. 1967. Protests to the granting of an appli^ NORFOLK AND WESTERN RAILWAY CO. I nter state C om m er ce cation must' be prepared in accordance C o m m is s io n , with Rule 1.40 of the general rules of Rerouting or Diversion of Traffic [ s e a l ] R. D. P f a h le r , practice (49 CFR 1.40) and filed with­ Agent. in 15 days from the date of publication of Upon further consideration of ICC Or­ [P.R. Doc. 67-7287; Piled, June 27, 1967; F ederal R eg ister . this notice in the der No. 223 (Norfolk and Western Rail- 8:48 a.m.]

No. 124—Pt. I----8 FEDERAL REGISTER, V O L 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9198 FEDERAL REGISTER CUMULATIVE LIST OF FARTS AFFECTED— JUNE

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 June.

1 CFR Page 7 CFR—Continued page 9 CFR Page 20_____ — 7899 923______— 8518 51______— 8752 944______8235,74______8761 ______8519 3 CFR 953— ______8417 78— ______8752 P roclamations : 980______8418 83— — _____ 8078 1004______8063, 9006 3787 ______8017 P roposed R u l e s : 8465 1006______8707 3788 ______1062______8022 101 - 8529 3789______— 8749 1063______8023, 9150 102 ------8529 E x e c u t iv e O rders: 1099______9150 114------8529 July 2, 1910 (modified by PLO 1134______8956 201______8621, 9025, 9101, 9171 4 2 2 7 )____ 8037 1136______8956 203______8621 5327 (revoked in part by PLO 1421__ 7961, 8124, 8283, 8578, 9007, 9151 316 ______8420 4230)______8809 1425-______8365 317 ----- 8420 6583 (revoked in part by PLO 1443______8884 318— ______r.______8420 4223)______— 8036 1602— ______8519 11356 ______— ------8019 1800______9152 10 CFR 11357 ______—— 8225 1804— _____!____-______8235 70______8124 11358- ______*------— 8227 1811 ______9082 140______8124 11359— ______8851 1812 ______8366 P roposed R u l e s : 1823______i______8367, 9008 50______5 CFR 1861______8064 8423 213______8021, 1872______1______8066, 8290 12 CFR 8124, 8229, 8281, 8511, 8657, 8751, P roposed R u l e s : l ______9061,9062 8953, 9005, 9061. 26______— ------8116 221____ „. ___ 8357 550______875152______— 8301, 8719 264______8519 735______l______—— 8281 68______— ------— 8004, 8093 265______8956 831______301_____ 9061______8973 329______8578 870______9061 777______7976, 8380 509______8889 890______9061 915____ — ______8039 526___— ____ 8023 917______- 8247 545______8814, 8889 7 CFR 948— ______9084 555______8238 8039 8760 953— ^— ------562______— 8125 28— 8168 8575 958______— ------569______8023 44_. 8171 8854, 9145 987______5 1 - 9084 52- 8575 989______13 CFR 8953 1001 ______8175, 8720, 9025 302 _ 8707 5 3- 9025 8229 1002 __ 8175, 8720, 303 ______8708 5 6 - 9025 8576 1003 ______— ____ 8175, 8720, 61- 9025 7958, 8705 1004 ____ 7976, 8175, 8176, 8720, 14 CFR 301. 9096 319. 7958 1006______4»------9152 1012______9097 25. 8953 7948, 320. 9097 39. 401. 8665 1013______- 8708, 1015 ______8175, 8720, 9025 8024, 8079, 8295, 8357, 8579, 406- 8512 1016 ______- 8175, 8720, 9025 8890, 8957, 9155. 718- 9069 7948, 1030 ______8529 71. 722______7910, 8666, 8954 9019, 8529 8580, 8657, 8708-8710, 8891, 728______I------8577 1031______— ------1032 ______85298176, 9155-9157. 1790 9146 73_ 8710 1034______8591 ______— 8024, 8127, 730— III— III— ——IIII— 8666, 9148 91— ______8127, 8405, 8892 751______8512, 8577, 9148 1038 ______8529 8658 8529 95______775------8123 1039 _:______8958 8176 97-11I I I I I I I —I I I I 7949, 8296, 8660, 777______— 8675 1050 ______8893 1051 ______8529 121— ______780— ______—______8676 135______8405 790— ;______- — 8955 1060______— 8093 8752 1062 ______8176,8529 208------811- 8577 9149 8127 1063 ______8179, 8529 8973 221______814- 8805 224______7901 845. 8234 1067______8176,8529 8793 8529 233______848. 8123 1070______7901 8247 288—______891- 8283 1073______8793 1078 ______8529 310______892- 8413 384 __ _•------8797 894. 8882 1079______— _____ — — 8529 8799 1099______8380— 385 ______905______8234, 8705, 8761 9081 389______8804 908______8021, 1103 ______8093 8123, 8363,8513, 8705,8807, 9005 1104 ______,______8247 P roposed R u l e s : 1132-______8247 39 _ _ 7978, 7979, 8622, 8681, 9171 910 ______8021, 2 p ' 8094 8364, 8417, 8705, 8807, 9005, 9149 1134-______8248 8720 ox------g094 911 ______8022, 8513, 9081 1136______8180 ------g094 915______8761 916— 7911, 7959, 7960, 8364, 8365 ,8955 8 CFR 71 IIIIIIIIIIIIIIIIIII- ____ 7979’ 917____— 8063, 8513-8517, 8706, 9006 211____ 8378 8181, 8182, 8301-8303, 8422, 8681, 8722-8724, 8818, 8819, 8919-8921, 921______— 9082 212— 8707 922______— 8518 214___- 9019 8975-8978, 9027, 9171-9173. FEDERAL REGISTER 9199 14 CFR— Continued Page 21 CFR— Continued Page 32 CFR— Continued Page P r o p o s e d R u l e s — Continued 19------8358 603------8902 73______8422, 8682 27------8134 606------8902 75______8095, 872537------y------8359 612------8903 141______9102 120 ______8025, 8294, 8815, 8816, 9159 706 ------8808 207 _ 8765 121 ------7911, 707 ------8589 208 ______8248, 8765 7945-7947, 8359, 8360, 8522, 8523, 881------7962 212______8765 8587, 8753, 8816, 8817, 8962, 9066, 1001------:------8142, 8963 214______8248, 8765 9159, 9160. 1002------8143 221______8921 130------8080, 8753 1003 ------8143 243______8380, 8529 P roposed R u l e s : 1004 ------8964 249______- ______8765 8------8094 1006------8964 295______8248, 8765 17------7917 10.07------8144 399______8921 29------8975 1013------8144 120— ------8379 1059------8964 15 CFR 121------1______8379 1467------8091 201______8027 1705------8757 230______8957 22 CFR 364______8853 33 CFR 367______8853 5 ------9160 6 ------9160 207------8716, 9068 370 ______8581 P roposed R u l e s : 371 ______8129 41------8511, 8711 382______•______8133, 8581 42 ------8409 82------8763 384______8130 208______9068 602______9202 399 ,— ______8130, 8582 35 CFR 603------9202 602______9063 67------8026 23 CFR 111------8243 16 CFR 123------8243 255 ------8808 1 ______8444 253------8361 2 ______8444 25 CFR 3 ______8444, 8710, 9158 36 CFR 183------8587 4 ______8444, 8710 1 ------8294 13------8238-8240, 8584-8586, 8963, 9158 26 CFR 2 ------8294 15______'___ 8406, 8407, 9063, 9064 3 ------8294 300 _tT^_ ~ ______9022 1----- 8711, 8754 301— .------8240, 8711 5------8294 Proposed R u l e s : 601------8135 P roposed R u l e s : 153.^______9109 P roposed R u l e s : 7------8039 500 ______9109 I ------8093 17 CFR 37 CFR 28 CFR P roposed R u l e s : V 240 0______8144, 8523 1______9026 18 CFR 45------9066 202______9163 2______38 CFR 3 29 CFR 9______8144, 9165 101___ 20_------8907 260______■ 39 CFR 301__ _ 102______8406 697______8242 143______7955 Proposed R u l e s : P roposed R u l e s : P roposed R u l e s : 154 141______8379 260 526______9027 1500______8919 19 CFR 30 CFR 41 CFR l_____ 5-1______9165 P roposed R u l e s : 19____ 7-1______8467 24___ I I ------8162 7-2 ______8468 7-3______8468 Proposed R u l e s : 31 CFR 7-4______8468 8______251------79477-5______8468 10______7-6______8468 17______32 CFR 7-10______¡5______8469 23_____ 42------9066 7-12______8469 25______63------82937 -1 5 ______8469 256 ______7- 8089 16______8469 20 CFR 265------9066 8- 1______7912 200___ 267------8588 8-3______8027 536------9164 8- 6______7912 538------8091 9- 1______8410 591 ------8895 9-3______8410 592 ______9-7______8898 7912, 8410 Proposed R u l e s : 593 ______r.______8898 9-15______8410 405_ 594 ______8900 9-16______7912, 8410 595 ______8900 9- 51______8410 21 CFR 596 ______8900 10- 60______8676 3_ 597 ______11- 8901 3__ 8027 « 1 598 ______8901 50-204______8412 8586, 8753, 8814, 8853 601 ------8901 1 0 1 -1 1 ______8034 602 ______:_____ 8902 101-35______8758 9200 FEDERAL REGISTER

Page 41 CFR— Continued Page 43 CFR— Continued 47 CFR— Continued Page 101-38______8144 P u b l ic L and O rders— Continued P roposed R u l e s : 101-40______8965 4232______9166 1______7917 101-45______8Í45 4233 ______— 9167 2 1 ______9103, 9173 101-46______8145 4234______9167 7 3 __ 7918, 4235 ______9167 7919, 8530, 8533,9108, 9173 42 CFR P roposed R u l e s : 74 ______8725, 9103 51— ______8243 2244______— _____ — 8622 9 1 ______£______8533, 9103 54______8145 3170______8622 9 7 — ----- 8303 59— ______-1 ------— 8295 P roposed R u l e s : 44 CFR 48 CFR 53______8334 P roposed R u l e s : 411------9024 71______- 8679 401______7978 73______8181 49 CFR 45 CFR 100------9020 43 CFR 14______9167 1 0 5a______9020 177 ______8146 8361 191______8092 21______178 ____ 8146 8968 195______8037, 8038, 8678, 8718, 8969 3107______—------801______8091, 8246, 8523, 8590 P u b l ic L and O rd er s: 287______8893, 8894 386 (revoked in part by PLO 46 CFR 2 9 3 _— .— j.______7956,8246 4234) _------9167 10— ____— ______7914 P roposed R u l e s : - 1967 (revoked in part by PLO 146 ______8148 110______8381, 8725 4233)______9167 147 ______£____ 8148 120______9028 4189______7913 402______8589 4221 ______7913 502 _ 8407 27 0______8182 4222 ______7913 503 ___ ;______'______8407 282______8725 4223 ______8036 510______— ______8523,9170 4224 ______8036 530______9170 50 CFR 4225 ______8037 533___ 7915 4226 ______8037 10______- ______8718 4227 ______8037 47 CFR 3 2 ______8246 280______8969 4228 ______8808 1 ______8813 4229 ______8809 2 ______8147 P roposed R u l e s : 4230 ______8809 17______8813 3 2 ____ 8765 4231 ______9166 73_____ 7915, 7955, 8524, 8677, 8813, 8912 25 4______8419 FEDERAL REGISTER

VOLUME 32 • NUMBER 124

Wednesday, June 28, 1967 • Washington, D.C.

PA R T II

U.S. Arms Control and Disarmament Agency

Availability of Records and Statement of Organization

No. 124—Pt. n — l 9202 RULES AND REGULATIONS A C DA . The acronym ACDA stands for shall be levied for all searches for, or Title 22— FOREIGN RELATIONS the U.S. Arms Control and Disarmament copies of, records. These fees shall be Agency. A so computed as to obtain full cost recov­ Chapter VI— United States Arms Con­ Agency. Agency means the U.S. Arms ery of searching and copying. To the extent that printed copies of reports or trol and Disarmament Agency Control and Disarmament Agency. Assistant Director. Assistant Director other written works are available, a PART 602— AVAILABILITY OF means an Assistant Director of the Arms charge shall also be made. Where writ­ ten works have been published by the RECORDS Control and Disarmament Agency. Deputy Director. Deputy Director Government Printing Office or other means the Deputy Director of the U.S. Government printing activity, the PART 603— STATEMENT OF Agency will direct any petitioner to the ORGANIZATION A r m s Control and Disarmament Agency. Director. Director means the Director appropriate sales office. Parts 602 and 603 are added to Title of the U.S. Arms Control and Disarma­ § 602.3 Records of other Departments 22 of the Code of Federal Regulations ment Agency. and Agencies. to read as set forth below. Organic Statute. Organic Statute means the Act establishing the U.S. Requests for records that have been Sec. Arms Control and Disarmament Agency, originated by or are primarily the con­ 602.1 Definitions. Public Law 87-297, 75 Stat. 631, 22 U.S.C. cern of another U.S. Department or Agency shall be forwarded to the par­ Subpart A— Reference Information Center 2551 et seq., as amended. Records. The word “ records” includes ticular Department or Agency involved, 602.2 Places where and. methods whereby all books, papers, maps, photographs, or and the petitioner notified. records may be inspected, copies other documentary materials, regardless § 602.4 Types of copying processes and obtained or requests made. of physical form or characteristics, standard o f quality o f copies. 602.3 Records of other Departments and made or received by the U.S. Arms Con­ agencies. The Agency will provide copies of the 602.4 Types of copying processes and trol and Disarmament Agency in pur­ suance of Federal law or in connection requested records of the same type and standard of quality of copies. quality which it would provide in the 602.5 Copies of records. with the transaction of public business and preserved or appropriate for preser­ course of official business to personnel of 602.6 Written requests. another U.S. Department or Agency. It 602.7 Inability to comply with request. vation by the Agency or its legitimate 602.8 Records of foreign governments or successor as evidence of the organiza­ will not accept requests for special types international organizations. tion, functions, policies, decisions, pro­ of copying processes or for special stand­ 602.9 Forms. cedures, operations, or other activities ards of quality of reproduction. 602.10 Records in the Reference Informa­ of the Government or because the infor­ § 602.5 Copies o f records. tion Center. 602.11 Inspection of records. mational value of data contained Copies of records shall be produced as therein. Library or museum material Subpart B— Schedule of Fees promptly as possible upon payment of made or acquired and preserved solely the search and copying fees specified in 602.20 Fees for records. . for reference or exhibition purposes, the schedule set forth in Subpart B of 602.21 Copying service. extra copies of documents preserved this part. The Chief, Reference Infor­ 602.22 Certification. only for convenience of reference, and mation Center, is authorized to limit 602.23 Printed research reports. stocks of publications and of processed 602.24 Publications for sale by the Govern­ documents are not included within the petitioners to one copy of each requested record when he finds that there exists an ment Printing Office. definition of the word “records” . 602.25 Records printed by contractors. extraordinary demand for the number of 602.26 Revision of fee schedule. Subpart A— Reference Information available copies or for the Center’s copy­ 602.27 Publications and records available ing services. without charge. Center § 602.6 Written requests. Subpart C— Denial of Records § 602.2 Places where and methods where­ by records may be inspected, copies In order to facilitate the processing 602.35 Denial. obtained or requests made. of written requests, every petitioner Subpart D— Exemptions (a) Any person desiring records rela­ should: 602.40 List of Exemptions. tive to arms control and disarmament (a) Address his request to: matters in which the U.S. Arms Control Chief, Reference Information Center, U.S. Subpart E— Administrative Review of Denials of and Disarmament Agency has been or is Arms Control and Disarmament Agency, Records engaged, should apply in person between Washington, D.C. 20451. 602.45 Review of decision to withhold a the hours of 9 a.m. and 5 p.m. on week­ record. (b) Identify the desired record by days (holidays excluded) at the ACDA name or brief description, or number, 602.46 Time for requesting review. Reference Information Center in the 602.47 Reviewing Official. and date, as applicable. The identifica­ 602.48 Contents of request for review. Agency headquarters, State Department tion should be specific enough so that a 602.49 Review. BuildingT 320 21st Street NW., in Wash­ record can be readily identified an ington, D.C., or write to the Chief, R ef­ 602.50 Decision on review. found; J: . 602.51 Conclusiveness of decision on review. erence Information Center at Agency (c) Include a check or money oraer headquarters if the petitioner is a res­ (stamps will not be accepted) covering A u t h o r it y : The provisions of this Part ident of the United States. The request 602 are issued under sec. 1, 81 Stat. 54; 5 the appropriate search and copying fees, U.S.C. 552, sec. 41, 75 Stat. 631; 22 U.S.C. should specifically identify the document or request a determination of fee; 2581; and sec. 501, 65 Stat. 290; 31 U.S.C. requested. An index identifying all rec­ (d) Unless otherwise specified in ap­ 483a. ords available to any person shall be plicable regulations, draw the check or kept on file at the Information Center. money order on a financial institutio § 602.1 Definitions. Copies of this index may be obtained by within the United States, or on tne writing to the Chief, Reference Informa­ As used throughout this part, the fol­ U.S. Post Office, and make payable to tion Center._ “U.S. A rm s Control and Disarmament lowing words have the meaning set forth (b) The Act applies only to residents of the United States. Pursuant to its Agency” ; below: (e) The Agency will be responsible iox Act. Act means the Act of June 5,1967, organic statute, ACDA has made ar­ rangements with the U.S. Information cash only if sent by registered mad; sometimes referred to as the “Freedom Agency to provide official U.S. positions (f) Allow a reasonable amount of tim of In f ormation Act” or tire Public Infor­ and policy on arms control and disarma­ for obtaining reply. Furnishing the re­ mation Section of the Administrative ment matters for dissemination abroad. quested information will involve sea Procedure Act, as amended by P.L. 90-23, (c) Except as otherwise provided in and retrieval of records, copying 81 Stat. 54, and codified at 5 U.S.C. 552. specific instances by the Agency, a fee mailing;

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9203

* (g) Blanket requests or requests for Subpart B— Schedule of Fees Subpart C— Denial of Records “the entire file of” or “all matters re­ lating to” a specified subject will not be § 602.20 Fees for records search. § 602.35 Denial. accepted. Records search that involves an ef­ (a) Requests for inspection or for § 602.7 Inability to comply with request. fort of more than fifteen (15) minutes copies may be denied where the infor­ will be made for a* fee computed at the mation or record is exempt from dis­ Where a request cannot be fulfilled, rate of $2 for each half hour or fraction closure under appropriate provisions of the reason will be given to the petitioner, thereof beyond the first 15 minutes. the Act or by order from a court of com­ and the petitioner’s fee will be returned. petent jurisdiction. Such reasons may include but are not Schedule: First 15 minutes—$1 (mini­ mum fee) Subsequent each half hour of (b) Denials shall be in writing for limited to the following administrative fraction thereof— $2. those requests received in writing. difficulties: (a) Failure to identify the record ade­ § 602.21 Copying service. Subpart D— List of Exemptions quately; Minimum fee $1. § 602.40 Exemptions. (b) Failure to send appropriate fee; First two pages— $0.50 per page. (c) No such record; All subsequent pages— $0.10 per page. No record shall be withheld from in­ (d) Record not yet complete; § 602.22 Certification. spection or copying unless it may be (e) Only copy of record in current withheld by the Agency under the au­ use; Certification of each record as a true thority of the Act, or is specifically au­ (f) Record available for purchase copy by the Chief, Reference Informa­ thorized to be withheld under an order from the Government Printing Office or tion Center— $0.75. issued by a court of competent jurisdic­ elsewhere; § 602.23 Printed research reports. tion. The following list contains ex­ (g) Records destroyed pursuant to amples of records which may be with­ •Records Disposal Act. (a) $2 per copy of each report up to held from the public by the Chief, Refer- 300 pages. erence Information Center. § 602.8 Records o f foreign governments (b) $4 per copy of each report over (a) Records specifically required by or international organizations. 300 pages. Executive Order to be kept secret in the Records furnished to the Agency by (c) Printed research reports which interest of the national defense or for­ foreign governments or by international are not published by the Government eign policy. No Agency record required organizations will not be made available Printing Office are available in limited to be withheld by applicable Executive unless the foreign government or inter­ supply. The schedule of fees for such Order shall be available to the public national organization has indicated that printed research reports will remain in under other provisions of the Act. the information should or may be made effect until the supply of copies in stock (b) Records related solely to the in­ public. is exhausted; thereafter reports will be ternal personnel rules and practices of copied at the expense of the petitioner § 602.9 Forms. the Agency. This exemption covers those in accordance with the fee schedule es­ internal rules or instructions to Agency Public Information Service Request, tablished for copying services. personnel concerning the manner in ACDA-21-A, 3 parts. This form is de­ § 602.24 Publications for sale by the which such personnel carry out their as­ signed to assist private parties to obtain Government Printing Office. signed functions and activities for which records of the Agency available under the Agency has responsibility. However, the Act. The index of records will list the sales offices of records published by the Gov­ the exemption does not cover those mat­ § 602.10 Records in the Agency’s Refer­ ernment Printing Office. The Agency ters of internal management such as ence Information Center. will refer each petitioner to the appro- employee relations, working conditions, duty hours, or leave and promotion The Reference Information Center pnate sales office and refund any fee payments accompanying the request. policies, whose disclosure would not prej­ shall contain, or shall have available, to udice the proper and efficient function­ the extent not authorized to be withheld, Published records out of print may be ing of the Agency. copied at the expense of the petitioner the following works or classes of infor­ (c) Records specifically exempted mation: in accordance with the fee schedule es­ tablished for copying service. from disclosure by statute. This exemp­ (a) A copy of the Agency regulations, tion continues in force the many statutes including a copy of Title 22 of the Code § 602.25 Records printed by contractors. barring the disclosure of certain informa­ of Federal Regulations, or of any other tion by Government personnel. title of the Code in which Agency regu­ Charges, if any, for records printed by contractors or grantees will be set forth (d) Trade secrets and commercial or lations may have been published; financial information obtained from any (b) Final unclassified Research on the fee schedule of any index of avail­ able records, or will be determined by person and privileged or confidential. Reports; This exemption will assure the protection (c) Copies of Arms Control and Dis­ the Chief, Reference Information Cen­ ter, in response to a request. of information furnished to the Govern­ armament Treaties or agreements in ment on the understanding that it will force; § 602.26 Revision o f fee schedule. not be made public but will be protected (d) Personnel information affecting as a confidential communication. The ex­ the public; The fee schedule shall be revised from time to time, and without notice, to as­ emption includes certain business sales (e) Procurement information affecting sure recovery of the cost of rendering statistics; and manufacturing or per­ the public;' formance costs, inventories, and cus­ (f) Contracts; information services to any person. The revised schedule shall be available with­ tomer lists; scientific or manufacturing (g) Reimbursable agreements with out charge to any petitioner. processes, techniques, developments, and other agencies; designs; certain chemical formulas; and (h) Index of available records; § 602.27 Publications and records avail­ other privileged communications such as (i> Public Information Service Re­ able without charge. those between a doctor and his patient, quest, ACD A-21-A. The Agency makes some publications an attorney and his client, or the Gov­ § 602.11 Inspection o f records. or other records available to the public ernment and an informer. The cost fea­ without charge pursuant to its organic tures, secrets of manufacture (if any), Copies of records available to the pub- statute. These regulations will neither and other specific types of information be inspected by a petitioner in requiring protection, furnished as part . Reference Information Center dur­ change the practice nor require a search fee or any other fee of a petitioner unless of contract or grant proposals by private ing the business hours stated in § 602.2. parties, will not be disclosed. the original stock has been exhausted "owes of records made available for (e) Interagency or intraagency mem­ uispection may not be removed by any and copying services are necessary to oranda or letters which would not be Petitioner from the Center. satisfy a request. available by law to a private party in

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9204 RULES AND REGULATIONS (b) Written denial of a record by the Sec. litigation with the Agency. This exemp­ 603.16 Assistant Director, International Re­ tion would preserve the existing freedom Chief, Reference Information Center, lations Bureau. of Government officials to engage in full shall be considered a denial upon which 603.17 Assistant Director, Science and Tech­ and frank communication with each administrative review may be requested. nology Bureau. other whether the communication con­ 603.18 Assistant Director, Weapons Evalua­ § 602.46 Time for requesting review. cerns pending legislation, the selection tion and Control Bureau. 603.19 Assistant Director, Economics Bu­ of a contractor, the preparation of the Review shall be initiated by filing a reau. Agency budget, or a discussion of certain written request for review within 30 days 603.20 The General Counsel. unclassified areas of foreign policy. of the date of denial of a request. The 603.21 The Executive Director. Records sought to be inspected because 30 day limitation may be waived, in the Authority : The provisions of this Part they would be available under applicable discretion of the Director or the Deputy 603 are issued pursuant to sec. 1, 81 Stat. 54; discovery procedures to a litigant must Director, for good cause shown. 5 U.S.C. 552; sec. 41, 75 Stat. 631; 22 U.S.C. still be identified with some specificity 2581, and sec. 501, 65 Stat. 290; 31 U.S.C. and with a general showing of good § 602.47 Reviewing official. 483a. cause. Records concerning an incom­ Review shall be made by the Director § 603.1 Definitions. plete transaction to which they relate or the Deputy Director. Requests for re­ are not available for inspection since As used throughout this part, the fol­ view by the Director or the Deputy Di­ lowing words have the meaning set forth premature disclosure could have adverse rector shall be addressed to: The effects upon both public and private below: Director, U.S. Arms Control and Dis­ ACDA. The acronym ACDA stands for interests. armament Agency, Washington, D.C. the U.S. Arms Control and Disarmament (f) Personnel and medical files and 20451. similar files the disclosure of which Agency. Agency. Agency means the U.S. Arms would constitute a clearly unwarranted § 602.48 Contents of request for review. Control and Disarmament Agency. invasion of personal privacy. Records are The request for review shall include to be withheld that contain information, Arms Control and Disarmament Act. a copy of any written request, a copy of A rm s Control and Disarmament Act whether personal, private, financial, le­ the denial, and reasons for appeal from gal, or business, the disclosure of which means the Federal statute establishing could harm an individual. The exemption the denial. the U.S. Arms Control and Disarmament Agency, Public Law 87-297, 75 Stat. 631, covers information submitted by unsuc­ § 602.49 Review. cessful applicants for employment as 22 UJ3.C. 2551 et seq., as amended. Review shall be made on the submitted Assistant Director. Assistant Director well as other data which could invade record. No personal appearance, oral means an Assistant Director of the Arms personal privacy. It covers information argument, or hearing shall be permitted. Control and Disarmament Agency. given to the Agency in confidence and Deputy Director. Deputy Director obtained from members of the public § 602.50 Decision on review. through questionnaires, surveys and means the Deputy Director of the U.S. (a) Decisions on review shall be in Arms Control and Disarmament Agency. other inquiries. It also covers the identity writing, shall briefly state the reasons for Director. Director means the Director of experts, consultants, or other persons the decision, and shall be promptly com­ from whom opinions, judgments, evalua­ of the U.S. Arms Control and Disarma­ municated in writing to the petitioner. ment Agency. tions, or other data were obtained, if (b) Where the decision is in favor of Freedom of Information Act. Freedom such data would not have been provided the petitioner, the decision shall order of Information Act means the Act of without the assurance, express or tacit, that the records be made available to June 5, 1967, sometimes referred to as of nondisclosure of the identity of the the petitioner upon payment of the ap­ the “ Public Information Section” of source. The names and duty stations of propriate fee. the Administrative Procedure Act, as Federal employees are public informa­ (c) All decisions shall be indexed and amended by P.L. 90-23, 81 Stat. 54, and tion; but the routine public disclosure of available for inspection and copying in codified at 5 U.S.C. 552. employee home addresses and telephone the same manner as other Agency final numbers is not authorized: § 603.2 Purpose and scope. orders and opinions, if any, under section (g) Investigatory files compiled for (a) The principal purposes of the law enforcement purposes except to the (aM2) of the Act. Agency are to advise the President, the extent available by law to a private § 602.51 Conclusiveness of decision on Secretary of State, other officials of the party. Law enforcement is used in its review. Executive Branch, and the Congress, giv­ broadest sense to include not only the (a) A ll decisions made pursuant to ing recommendations and advice con­ enforcement of criminal statutes but all this subpart shall be final and conclusive, cerning U.S. arms control and disarma­ kinds of laws. Thus security investiga­ and shall be treated as if administrative ment policy. The primary functions of tion files or files containing information remedies had been exhausted by the thé Agency are: concerning the conduct of employees are petitioner. (1) The conduct, support, and coordi­ exempt from disclosure; since the former (b) The petitioner may take action on nation of research for arms control and case involves the application of security disarmament policy formulation; laws, and the latter case may involve a decision to his request for review, con­ firming the original denial, by filing a (2) The preparation for and manage­ disciplinary proceedings or litigation. ment of U.S. participation in interna­ (h) Records contained in or related to complaint in a U.S. district court of com­ petent jurisdiction pursuant to section tional negotiations in the arms control examination, operating, or condition and disarmament field; reports prepared by, on behalf of, or for (a) (3) of the Act. (3) The dissemination and coordina­ the use of any Agency responsible for tion of public information concerning the regulation or supervision of financial Sec. arms control and disarmament; and institutions. 603.1 Definitions. (4) The preparation for, operation of, (i) Geological and geophysical infor­ 603.2 Purpose and scope. or as appropriate, direction of UB. par­ mation and data (including maps) ticipation in such control systems as may concerning wells. Subpart A— Organization become part of U.S. arms control and Subpart E— Administrative Review 603.5 Organization. disarmament activities. . (b) The Agency works at the hignesi of Denials of Records Subpart B— Functional Statements level of the U.S. Government and, under § 602.45 Review o f decision to withhold 603.10 The Director. the direction of the Secretary of State, a record. 603.11 The Deputy Director. conducts U.S. participation-in interna­ 603.12 General Advisory Committee. (a ) This subpart provides for an tional arms control and disarmame 603.13 Disarmament Advisory Staff. negotiations. It does not normally hand administrative review from a decision to 603.14 Research Council. down decisions or engage in regulations withhold a Tecord. 603.15 The Public Affairs Adviser.

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9205 affecting the general public, since its (1) Insures the conduct of research, formation upon which realistic disarma­ functions are principally in the advisory development, and other studies in the ment policy must be based. or diplomatic areas, as noted above. A field of arms control and disarmament; significant body of the research con­ (2) Makes arrangements (including § 603.12 General Advisory Committee. ducted in the Agency or by contract or contracts, agreements, and grants) for The Committee, composed of no more interagency agreement is unclassified the conduct of research, development, than 15 members appointed by the Pres­ and will be made available to the public and other studies in the field of arms ident, by and with the advice and con­ pursuant to the Freedom of Informa­ control and disarmament by U.S. private sent of the Senate, meeting at least twice tion Act. The reports embodying such or public institutions or persons; each year. research as well as those agency publica­ (3) Coordinates research, develop­ (a) Advises the Director on arms con­ tions which may affect the general public ment, and other studies in the field of trol and disarmament policies and activ­ will be made available in the Agency’s arms control and disarmament by or for ities and in the formulation of the broad Reference Information Center. Members other Government agencies. outlines of arms control and disarma­ of the public will be afforded the oppor­ (d) Under the direction of the Secre­ ment policy. tunity to inspect and to obtain copies of tary of State : (b) From time to time advises the such material. (1) Exercises primary responsibility President, the Secretary of State, and the within the Government for arms control Director respecting matters affecting Subpart A— Organization and disarmament matters; arms control, disarmament, and world § 603.5 Organization. (2) Consults and communicates with peace. representatives of other nations or in­ §603.13 Disarmament Advisory Staff. (a) The Agency is headed by a Di­ ternational organizations in the conduct rector, appointed by the President with of negotiations concerning arms control (a) Coordinates, develops, and for­ the advice and consent of the Senate, and disarmament; mulates for submission to the Director who is responsible for the executive di­ (3) Communicates in the name of the basic policy recommendations as gen­ rection of the Agency. He also functions Secretary with diplomatic representa­ erated within the Agency on all aspects as the principal adviser to the President tives of the United States in this country of arms control and disarmament. As­ and the Secretary of State on arms con­ and abroad; sists the Director in preparing ACDA trol and disarmament matters and, un­ (4) Provides to the U.S. Information policy proposals, with supporting docu­ der the direction of the Secretary, has Agency official U.S. positions and policy mentation, for submission to the Com­ primary responsibility within the Gov­ on arms control and disarmament mat­ mittee of Deputies and the Committee of ernment for such matters. The Deputy ters for dissemination abroad; Principals. Director, similarly appointed by the (5) Formulates, plans, and makes (b) Maintains liasion with the De­ President with the advice and consent preparation for the establishment, oper­ partment of State Policy Planning Coun­ of the Senate, performs such duties and ations, and funding of inspection and cil, and with the intelligence com m unity. exercises such powers as the Director control systems which may become part (c) Provides the chairman of the may prescribe and acts for and exercises of U.S. arms control and disarmament Agency Research Council, responsible for the power of the Director during his activities; promoting and coordinating the compre­ absence. (6) As authorized by law, puts into hensive and balanced program of re­ (b) The Agency’s program responsi­ effect, directs, or otherwise assumes U.S. search needed by the Government for bilities are primarily discharged through responsibility for such systems; arms control and disarmament policy four bureaus—International Relations (e) Disseminates and coordinates formulation. Bureau, Weapons Evaluation and Con­ public information concerning arms con­ (d) Advises on all scientific and tech­ trol Bureau, Science and Technology trol and disarmament. nological aspects of arms control and Bureau, and Economics Bureau-r-each (f) Prepares for the President, the disarmament matters initiated in ACDA of which is headed by an Assistant Secretary of State, and the heads of such and in other Government agencies. Director appointed by the President with other Government agencies as the Presi­ (e) Provides the chairman of the the advice and consent of the Senate. dent may determine, recommendations Agency Program Planning Staff, respon­ Staff elements participating in the policy concerning U.S. arms control and dis­ sible for developing a multiyear financial formulation process are the Disarma­ armament policy. and program plan to assure that results ment Advisory Staff and the Office of (g) Assures fully coordinated staff commensurate with costs ensue from the General Counsel. Other organiza­ work in support of the Agency’s pro­ Agency research activities. tional units with staff responsibilities are grams and the orderly and prompt flow (f ) Provides staff assistance for meet­ the Office of the Public Affairs Adviser, of official action and information docu­ ings of the Agency Research Council and the Executive Staff. ments within the Agency and, as appro­ and, as may be required, for meetings of (c) A General Advisory Committee of priate, to other Government agencies, the Committee of Deputies, the Commit­ 15 members, appointed by the President, special groups, international disarma­ tee of Principals, and the General Ad­ by and with the advice and consent of ment conferences, and U.S. Missions. visory Committee. the Senate, meets at least twice each (g) Advises the Director on the broad­ year to advise the President, the Secre­ §603.11 The Deputy Director. est aspects of arms control and dis­ tary of State, and the Director of the The Deputy Director of the Arms Con­ armament matters. Participates in an Agency on matters affecting arms con­ trol and Disarmament Agency. advisory capacity at disarmament con­ trol, disarmament, and world peace. (a) Pérforms such duties and exer­ ferences, and at meetings with repre­ cises such powers as the Director may sentatives of Allied governments for the Subpart B— Functional Statements prescribe. development of Allied positions. § 603.10 The Director. (b) Acts for, and exercises the powers § 603.14 Research Council. of, the Director during his absence or The Director of the Arms Control and The Council, composed of a Chair­ disability or during a vacancy in that man designated by the Director; the Disarmament Agency: office. (a) Directs and coordinates all activ- heads of the Bureaus of Weapons Evalu­ (c) Assists the Director in planning ation and Control, International Rela­ ° { the A^en°y and Its relationships and and executing all Agency responsi­ witn other government agencies and the tions, Science and Technology, and Eco­ Congress; bility vested in the Director by the Arms nomics; and the heads of the Offices of Control and Disarmament Act. the Disarmament Advisory Staff, the fK(bi Serves as the principal adviser to (d) Recommends to the Director General Counsel, and the Executive e President and the Secretary of State plans, programs, and policies for ensur­ Director: ,,arms control and disarmament matters; ing that the Agency will have the capac­ (a) Promotes and coordinates a com­ ity to provide the essential scientific, prehensive and balanced U.S. arms con­ denf* Under the dlrection of the Presi- economic, political, legal, social, psycho­ trol and disarmament research program, logical, military, and technological in- including the contract and staff studies

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 9206 RULES AND REGULATIONS oï ACDA and other Government policies, and proposals from the stand­ (c) Participates, as requested, in studies conducted by other Bureaus agencies; point of their international relations (b) Keeps fully Informed on all ACDA aspects and implications and their rela­ which require scientific or technical data staff studies and, as it deems necessary tionship to broader foreign policy and evaluation and furnishes scientific and appropriate, proposes the initiation considerations ; assistance for international arms control and disarmament negotiations; of such studies;

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967 RULES AND REGULATIONS 9207 governments, particularly by the Soviet (d) Frequently serves as a member of (f) In collaboration with the Office of bloc; U.S. delegations to international confer­ (c) Compiles data on, analyzes and the General Counsel and with the proj­ ences relating to arms control and dis­ ect officers of the Bureaus assigned appraises, and develops Agency recom­ armament to advise the chief of the mendations concerning the economic, responsibility for contract research delegation in matters concerning inter­ projects, prepares Agency contracts for social, and behavioral impact of arms national law and the drafting of treaty control and disarmament, including the approval and execution by the Director; language; (g) Provides reference and informa­ problems of readjustment arising in in­ (e) Assumes primary responsibility dustry and the reallocation of national tion support to all organizational com­ within the Agency, under the direction ponents of the Agency, including such resources; of the Director, for liaison with Congress, (d) Investigates and studies all ques­ services as the acquisition, storage, re­ and drafts all legislation proposed by the trieval and dissemination of technical tions of cost of control systems, includ­ Agency ; ing analysis of national budgets, levels information covering all facets of arms (f) Formulates, or participates in the control and diskrmament; of industrial production, and economic formulation of, Agency regulations and indicators; (h) Prepares reference aids to sup­ advises on all legal problems which may port research, including bibliographies, (e) Plans and directs research con­ arise in the development or implementa­ cerned with economic requirements for information abstracts and extracts, tion of Agency personnel, security, technical accession lists, summaries in­ effective control systems, including filing patent, procurement, fiscal, and other of economic data, use of converted arma­ dexes, digests, and cataloging services; policy; and drafts unusual or unique (i) Provides a technical library serv­ ments and armament producing facili­ provisions of Agency contracts and ice; ties for peaceful purposes, manpower grants; and industrial plant conversion, and se­ (j) Plans the development, imple­ lective control of transport and trade (g) Provides legal representation of mentation and administration of an in key commodities; the Agency in matters involving the information indexing and retrieval pro­ (f) Analyzes and evaluates the socio­ Congress, other departments and agen­ gram for technical inquiry response; logical, motivational, and psychological cies of the Government, foreign govern­ (k) Administers a records manage­ factors bearing upon the continued en­ ments, and independent contractors; ment program, including mail and messenger sendee; forcement of agreed arms control and §603.21 The Executive Director. disarmament measures and upon the (l) Monitors information service con­ maintenance of peace under varying (a) Discharges t h e administrative tracts and reimbursement agreements; conditions; management responsibilities of the (m) Provides direct support to both (g) Works closely with other Govern­ Agency including organization, budget, in-house and external research activities ment agencies and with interested State, personnel, general services, security, and through the development and main­ regional, local, and nongovernmental procurement, utilizing the facilities of tenance of information profiles, continu­ groups to assure maximum use of exist­ the Department of State to the extent ing direct liaison with other information ing facilities for the evaluation and agreed upon by the Secretary and the resources and assistance with identify­ Director ; understanding of economic, social, and ing and selecting appropriate informa­ behavioral factors bearing upon the con­ (b) Develops, recommends, revises, tion for contractor use; sequence of arms control and disarma­ and promulgates the organizational (n) Makes available information to ment measures. structure and assignment of functions the public pursuant to the Freedom of within the Agency; § 603.20 The General Counsel. Information Act; (c) Directs the development and op­ (o) Revises schedule of fees, or other­ (a) As chief legal officer of the Agency, eration of administrative management wise determines user charges for gen­ has responsibility for all legal matters controls including fiscal controls, re­ eral Agency application, for information arising in or referred to the Agency; porting systems, and manuals of regula­ made public under the Freedom of In­ (b) Directs, supervises, and coordi­ tions and procedures; formation Act. nates research studies and projects re­ (d) Provides central control and co­ lating to international legal arrange­ ordination for issuance of rules and These regulations shall be effective as ments and peacekeeping machinery regulations, as well as delegations of au­ of July 4,1967. responsive to the needs of negotiation thority within the Agency; Dated: June 23,1967. and policy formulation; (e) Formulates and implements poli­ (c) Advises on international law prob­ cies and supervisory procedures covering A d r ian S. F ish e r , lems and prepares final drafts of pro­ procurement by the Agency to assure Acting Director. posed treaties relating to arms control uniform application in contractor selec­ and disarmament; [F.R. Doc. 67-7290; Filed, June 27, 1067; tion and contract actions; 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 124— WEDNESDAY, JUNE 28, 1967