FEDERAL REGISTER V O L U M E 33 • N U M B E R 105 Wednesday, M ay 29, 1968 • Washington, D.C.
Pages 7813-7866 PARTI (Part II begins on page 7861)
Agencies in this issue— Agricultural Research Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Farm Credit Administration Federal Communications Commission Federal Highway Administration Federal Maritime Commission Federal Power Commission Food and Drug Administration Health, Education, and Welfare Department Housing and Urban Development Department Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Land Management Bureau Oil Import Administration Securities and Exchange Commission Transportation Department Detailed list o f Contents appears inside.
No. 105— Pt. I------1 2-year Compilation Presidential Documents
Code of Federal Regulations TITLE 3, 1964-1965 COMPILATION
Contains the full text of Presidential Proclamations, Executive orders, reorganization plans, and other formal documents issued by the President and published in the Federal Register during the period January 1, 1964- December 31, 1965. Includes consolidated tabular finding aids and a consolidated index.
Price: $3.75
Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of.Documents, U.S. Government Printing Office Washington, D .C. 20402
Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAL&ftREGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 1934 -0? 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 Federal 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 op Federal R egulations, which is published, under 50 titles, pur suant to section 11 of the Federal Register Act, as amended. The Code op Federal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code op Federal R egulations. Contents agricultural r e s e a r c h CUSTOMS BUREAU FOOD AND DRUG SERVICE Rules and Regulations ADMINISTRATION Rules and Regulations Delivery ticket; forms to be used— 7819 Test for sugar; notification of Proposed Rule Making Soybean cyst nematode; regu importer______7820 Nonfruit sherbets, nonfruit ices; lated areas; correction------7818 proposal to establish identity Notices FARM CREDIT ADMINISTRATION standards______7834 Certain stockyards in South Da Rules and Regulations kota; withdrawal of approval- 7849 Notices Federal Land Banks of Farm AGRICULTURE DEPARTMENT Credit Administration; delega District offices; statement of or tion of authority over associa ganization, functions, and dele See also Agricultural Research tions ______7819 gations of authority------7849 Service; Consumer and Mar keting Service. Petitions regarding food additives FEDERAL COMMUNICATIONS and pesticides: Notices COMMISSION Astra Nutrition, Division of As Standby defense food orders; Rules and Regulations tra Pharmaceutical Products, procedure governing petitions In c______7850 and appeals and to food man Miscellaneous am endm ents to agement ______— ------7862 chapter______7820 du Pont, E. I., de Nemours & Co., Proposed Rule Making Inc. (2 documents)______7850 ATOMIC ENERGY COMMISSION Television broadcast stations; New Elanco Products Co______7850 Proposed Rule Making Brunswick-Newark, N.J.; table UBS Chemical Co______7850 Criteria for determination of an of assignments------7835 extraordinary nuclear occur Notices HEALTH, EDUCATION, AND rence; correction______7835 Hearings, etc.: Notices Chickasaw Telephone Co., and WELFARE DEPARTMENT Georgia Power Co.; application American Telephone and See also Food and Drug Adminis for construction permit and Telegraph Co. (A.T. & T .)----- 7853 tration. facility license------7851 Cobb, Brian E------7853 Community Broadcasting Com Notices CIVIL AERONAUTICS BOARD pany of Hartsville and Eastern Regional Civil Rights Directors; Carolina Broadcasters, Inc— 7853 delegation of authority------7850 Notices Radio KYNO, Inc., and Interna Hearings, etc.: tional Radio, Inc— -T.------7854 Shulman, Inc______7851 Service Electric Cable TV, Inc— 7854 HOUSING AND URBAN Reopened TU MVL GA USSR (Aerofloat) *______7851 FEDERAL HIGHWAY DEVELOPMENT DEPARTMENT CIVIL SERVICE COMMISSION ADMINISTRATION Notices Redelegations of authority regard Rules and Regulations Rules and Regulations Federal motor vehicle standards; ing model cities program: Commerce Department; excepted Director, Model Cities Staff, Re service (2 documents)______7817 tire selection and rims; passen ger cars______7820 gion III (Atlanta)______7851 Notices Director, Model Cities Staff, Re Attorney (estate tax) nation FEDERAL MARITIME gion IV (Chicago)______7851 wide; notice of adjustment of minimum rates and rate ranges- 7852 COMMISSION District of Columbia Government; Notices INDIAN AFFAIRS BUREAU manpower shortage; notice of listin g ______7852 Agreements filed for approval : Notices Compagnie Malgache de Navi Area Directors; delegation of au CONSUMER AND MARKETING gation and Lykes Bros. Steam thority ______7848 ship Co., Inc. (2 documents)- 7851, SERVICE 7852 Rules and Regulations North Atlantic Mediterranean INTERIOR DEPARTMENT Freight Conference______7852 Certain agricultural commodities; See Indian Affairs Bureau; Land fees and charges for certain Federal inspection services____ 7817 FEDERAL POWER COMMISSION Management Bureau; Oil Im Proposed Rule Making port Administration. Notices Avocados grown in South Florida; handling ______7823 Hearings, etc.: INTERNAL REVENUE SERVICE Limes grown in Florida ; handling- 7823 Data for continuing regulation Milk in Massachusetts-Rhode Is of independent producer Proposed Rule Making land-New Hampshire, N ew ra tes______7856 Income tax; allocation of income York-New Jersey, and Connecti Gas Service Co., and Panhandle cut marketing areas; recom- Eastern Pipe Line Co------7855 and deductions among tax mended decision-______7831 Lands withdrawn in Project Nos. payers _— t------— 7822 Olives grown in California; recom 1015 and 1042_.______7855 (C ontin ued on n ex t page) mended decision______7823 Sun Oil Co____ j ______7855 7815 7816 CONTENTS
INTERSTATE COMMERCE LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE COMMISSION Notices COMMISSION Rules and Regulations New Mexico; proposed classifica Notices General rules of practice; applica tion of lands.------7848 Bank Fiduciary Fund; application tion fee______7821 OIL IMPORT ADMINISTRATION for exemption--______7856 Proposed Rule Making Commercial zones; Atlanta, Ga_____Proposed 7836 Rule Making TRANSPORTATION DEPARTMENT Oil import regulation; allocation See also Federal Highway Admin Notices of oil imports; low sulphur re- istration, Motor carrier: 'sidual fuel oil; Districts I-IV__ 7822 Alternate route deviation Rules and Regulations notices ______. 7838 Aircraft allocations; issuance 7821 Applications and certain other proceedings___ v______7841 TREASURY DEPARTMENT Intrastate applications__;_____ 7837, See Customs Bureau; Internal Temporary authority applica Revenue Service. tions ______:_____ j______7846
List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.
5 CFR 12 CFR 32A CFR 213 (2 documents) 7817 611 7819 P roposed R u l e s : OIA (Ch. X) : 7 CFR 19 CFR OI Reg. 1_____ 7822 68______7817 4_. 7819 301______7818 13. 7820 7819 47 CFR P roposed R u l e s : 19 21 7819 7820 911— ______- 7823 Ch. I______915______7823 21 CFR P roposed R u l e s : 932______7823 73 ______7835 Proposed R u l e s : 1001______7831 20______7834 1002— ______1 7831 49 CFR 1015______7831 23 CFR 93______7821 255 10 CFR 7820 1100—. 7821 P roposed R u l e s : 26 CFR P roposed R u l e s : 7836 140— ______7835 P roposed R u l e s : 1048______1— ______7822 7817 Rules and Regulations
F ee or Title 5— ADMINISTRATIVE Title 7— AGRICULTURE Service charge Bean, lentil, and pea inspection (in Chapter I— Consumer and Marketing cluding chick peas, cowpeas, PERSONNEL Service (Standards, Inspections, split peas, and similar commodi ties) : Chapter I— Civil Service Commission Marketing Practices), Department of (a) Lot inspection: PART 213— EXCEPTED SERVICE Agriculture (1) Field run (quality and dock- age analysis)— per lot------$4.00 Department of Commerce PART 68— REGULATIONS AND (2) Other than field run (grade, STANDARDS FOR INSPECTION AND class, and quality)— per lot— 3.00 Section 213.3114 is amended to show CERTIFICATION OF CERTAIN AGRI (In addition to the fee for that the position of Night Battalion analysis or grading in ( 1) Officer at the U.S. Merchant Marine CULTURAL COMMODITIES AND and (2) above, a fee Academy is excepted under Schedule A. PRODUCTS THEREOF for sampling, checkweighing, and checkloading, if any, Effective on publication in the F ederal Fees and Charges for Certain Federal will be assessed at the pre Register, subparagraph (10) of para Inspection Services scribed rate.) graph (h) is amended as set out below. (b) Sample inspection : §213.3114 Department o f Commerce. Pursuant to sections 203 and 205 of the (1) Field run (quality and dock age analysis) — per lot------4. 00 ***** Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1622, 1624) the pro (2) Other than field run (grade, (h) Maritime Administration. * * * visions of 7 CFR 68.42 prescribing fees class, and 'quality) — per sam (10) UB. Merchant Marine Academy, ple ______— ------3. 00 in connection with the inspection of Checkloading— per man-hour------4 7. 25 positions o f: Professors, instructors, and agricultural commodities administra Checkweighing— per man-hour------4 7.25 teachers; including heads of the Depart tively assigned to the Grain Division are Condition examination— per man ments of Physical Training and Ath hereby amended. hour ------1------— 1T- 25 letics, Ships Medicine, Ship Manage Statement of considerations. The Agri- • Extra copies of certificates— per copy_ . 50 ment, History and Languages, Mathe cultural Marketing Act of 1946 provides Grade factor analysis (as defined in matics and Science, Nautical Science and for the collection of fees equal as nearly any official TJ.S. Standards) per Engineering; the Regimental Officer; the as may be to cost of inspection services factor’ ------2.00 Drill and Activities Officers; the Band Hay and straw inspection: rendered under its provisions. This (a) Lot inspection: and Activities Officer; the First, Second, amendment increases the hourly rate for (1) For sampling and grading— and Third Battalion Officers, and the services charged by the hour in Part 68.42 per man-hour------7. 25 Night Battalion Officer. from $6.25 to $7.25 per hour. It in (b) Sample inspection: (1) Grade only— per sample------4.00 ***** creases the minimum fee, if any, for the appeal inspection of certain commodities (2) Factor analysis— per man (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. from $6.25 to $7.25. The changes are hour ______7. 25 7521, 3 CFR 1954-58 Comp., p. 218) Hop inspection : necessary due to recent general salary (a) Lot inspection: U nited S tates C iv il S erv increases of Federal employees and the (1) For seed, leaf, and stem con- * ice C o m m is s io n , increase in other costs relating to fur tent-^-per lo t-— ;------4. 75 (2) Aphid infestation—per lot— 7.25 [seal] James C. S p r y , nishing such service. The amendment (In addition to the fee for . Executive Assistant to also clarifies the application of the 2- analysis in ( 1) and (2 ) the Commissioners. hour minimum charge as applied to the above, a charge for sam [PR. Doc. 68-6349; Filed, May 28, 1968; inspection of U.S. Grain in Canada and pling, if any will be as 8:46 a.m.] corrects an error in the published fee for sessed at the prescribed rate.) the appeal inspection of U.S. Grain in (b) Sample inspection : PART 213— EXCEPTED SERVICE Qanada. (1) For seed, leaf, and stem content— per sample------4. 75 The amendment also provides for addi • (2) Aphid infestation—per sam Department of Commerce tional laboratory testing . services and ple ______7.25 Section 213.3314 is amended to show establishes a fee for each of these serv Laboratory testing: (a) In addition to the charges, if that the position of Private Secretary to ices: any, for sampling or other re the Deputy Director, U.S. Travel Service, Section 68.42 is amended to read: quested service, a fee will be assessed for each laboratory is no longer excepted under Schedule C. § 68.42 Fees and charges for certain Federal inspection services. analysis or test as follows: Effective on publication in the F ederal (1) Acidity— Greek------jss— 1. 70 Register, subparagraph (3) of paragraph The following fees and charges apply (2) Acid value— oil------2. 35 (1) of § 213.3314 is revoked. (3) Appearance, flavor, and odor to the Federal inspection services speci- of oils______1.10 (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, fied below: (4) Ash------1. 70 3 CFR 1954-58 Comp., p. 218) F ee or (5) Baking test—bread------3.95 Service charge ( 6) Baking test— prepared mix__ 3.05 U nited S tates C iv il S erv Appeal inspection: (7) Break test------3. 05 ice C o m m is s io n , (a) Basis original sample : (8 ) Calcium— A O A C ------4. 00 [seal] James C. S p r y , (1) U.S. grain in Canada and (9) Calcium enrichment______4. 00 Executive Assistant to rice______(i) (10) Calcium carbonate______4. 00 the Commissioners. (2) Other commodities______(*) (11) Clarity of oils involving [F.R. Doc. 68-6350; Piled, May 28, 1968; (to) Basis new sample : heating ______1 1.45 8:46 a.m.] (1) All commodities______(*) See footnotes at end of table.
FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7818 RULES AND REGULATIONS
F ee or F ee or Fee or Service charge Service charge Service charge Laboratory testing— Continued Laboratory testing— Continued U.S. Grain in Canada: (12) Cold test— oil______$0.75 (75) Riboflavin______$6.60 (a) Lot inspection : (13) Color— bleach ed ______2.10 (76) Rope spore cou n t.______11.10 (1) For sampling and grading— (14) Color— Gardner ______2.10 (77) Salt ______3.50 per man-hour______■______$20. 00 (15) Color— Levibond______2.10 (78) Saponification number____ 3.05 (b) Special services and standby (16) Color— Wesson ______' 2.10 (79) Sedimentation value— time— per man-hour______20. 00 (17) Color— oil and shortening._ 2.10 wheat ______«1.25 (c) Sample inspection: (18) Congeal point______4.30 (80) Sieve test______2.20 ( 1 ) For grade— per sample______10. 00 (19) Consistency______1.35 (81) Smoke point______1.40 1 One quarter of the fee for the. original in (20) Cooking test___i ______1. 85 (82.) Softening point______4.30 spection. Minimum fee if any, for rice $7.25. (21) Crude fat______2.25 (83) Solid fat index______9.90 Minimum fee, if any, for U.S. Grain in Cana (22) Crude fiber______3.35 (84) Specific baking volume— da $20. (23) Density ______1.20 prepared mix______3. 05 2 The applicable grading or laboratory anal (24) Diatomaceous e a r t h— on (85) Specific gravity— oils______2.95 ysis or testing charge. Minimum fee, if any grain ______3.05 (86) Test weight per bushel— $7.25. (25) Diastatic activity of flour__ 2.80 other than grain______1. 20. 3 Applicable sampling charge, if any, plus (26) Enrichment— quick test___ .85 (87) Unsaponifiable matter_____ 5.80 applicable grading, or laboratory analysis or (27) Palling number______‘ 1.25 (88) Viscosity ______,5.______3. 85 testing fee. (28) Pat— acid hydrolysis______4.40 (89) Water soluble protein_____ 2.60 4 Only one fee will be charged for these (29) Pat, crude______2.25 (If a requested analysis or test services whether performed singly or con (30) Pat, extraction______2. 25 is on the basis of a specified currently. (But see minimum fee require (31) Pat acidity______1.70 moisture content, a charge ment.) (32) Pat stability— AOM______4. 80 for an oven moisture test will 6 To be used only in conjunction with the (33) Fiber, crude______1______3.35 also be made.) inspection of a processed product for compli (34) Filth—heavy____ ,______3.05 Lentil inspection: (See Bean inspec (35) Filth—light ______— __ 4. 85 tion) ance with contract specifications. 6 No sampling fee will be assessed if a por (36) Flash point— open and Minimum fee for services covered by tion of an appeal simple, licenesd inspector’s closed cup______:______3. 05 hourly rates— A minimum fee for sample, or submitted sample is used for these (37) Flavor, appearance, and 2 hours per man, per service re odor of oils______1.10 quest, will be assessed at the appli tests. (In no instance will more than one (38) Foots — heated and/or cable hourly rate. sampling fee be assessed per service request.) c h ille d ______2.15 New inspection (retest)— fees and 7 In the case of railroad cars, the weight (39) Foreign material— processed charges to be based on services shall be based on weight tickets, or weight grain products______2. 65 requested. certificates, if available at the time of in (40) Free fatty acids— oil and Pea inspection: (See Bean inspec spection; otherwise, on the marked capacity sh orten in g______2. 35 tion) . of the railroad car. (41) Grade and class of unproc Reinspection: (Secs. 203, 205, 60 Stat. 1087, 1090, as essed grain______6 2.00 (a) Basis original sample: amended; 7 UJS.C. 1622, 1624; 29 F.R. 16210, (42) Heating test— oil and short (1) U.S. grain in Canada and as amended, 30 F.R. 1260 as amended) ening '*______2. 25 rice ______(i) (43) Hydrogen-ion concentra (2) Other commodities______(2) The need for increases in the fees tion— p H ______1. 70 (b ) Basis new sample: and charges for services and the amount (44) Insoluble bromides.______2.20 thereof are dependent upon facts within (45) Insoluble impurities — oil (1) All commodities______(») the knowledge of the Consumer and and shortening______2. 80 Rice inspection: (46) Iodine number or value____ 2. 60 Marketing Service. Therefore, under the (a) Lot inspection: administrative procedure provision of 5 (47) Iron— enrichment______6. 65 (1) For sampling, inspection for (48) Keeping time— oil and U.S.C. 553, it is found upon good cause sh o rte n in g ______4. 80 grade, factor analysis, equal that notice and other public rulemak (49) Kjeldahl— protein ______2. 05 to type, or milling yield— ing procedures on the amendments are (50) Lipoid phosphoric acid____ 5. 75 whether singly or combined— impracticable and unnecessary. (51) Loss on heating (oil)______1.35 100 lbs______». 0125 (52) Lysine 1______,______15.00 These amendments shall become effec (i) Minimum fee— per lot: (53 ) Maltose value______2. 80 tive July 1,1968. (54) Marine oil in vegetable oil— Milled rice______2. 50 qualitative__*______2. 20 Brown rice or rough rice_____ 4. 00 Done at Washington, D.C., this 24th (55) Melting point— Wiley______2. 60 (2) For sampling and inspection day of May 1968. (56) Milling—wheat to flour____ 4.65 for origin— per 100 lbs______7. 005 G . R . G range, (57) Moisture— distillation_____ 2.15 (i) Minimum fee— ler lot____ ;*■ ■ 2. 00 Deputy Administrator, (58) Moisture— oven ______1.45 Marketing Services. (59) Moisture and volatile mat (3) For inspection for origin ter— oil and shortening______1.35 when inspected for grade, fac [F.R. Doc. 68-6336; Filed, May 28, 1968; (60) Nitrogen solubility index__ 2. 60 tor analysis, equal to type, or 8:45 a.m.] (61) Odor, appearance, and flavor milling yield— per lot______1.00 of oils______1.10 (b) Sample inspection : (62) Oil content— oilseeds______I 3.50 C h a p te r III— Agricultural Research ( 1 ) For inspection for grade, fac (63) pH—Hydrogen-ion concen Service, Department of Agriculture tration ______1.70 tor analysis, equal to type or (64) Peroxide value______1.75 milling yield— whether singly PART 301— DOMESTIC QUARANTINE (65) Peroxide value after 8 hours or combined— per sample : NOTICES AOM ______,______4.80 (i) Brown rice or rough idee (66) Phosphorus— photometric _ 3.65 (including milling yield)___ 3.50 (67) Popping value— popcorn___ 1.50 Subpart— Soybean Cyst Nematode (68) Potassium bromate— quali (ii) Brown rice or rough rice R egulated A reas tative ______.85 ( excluding milling yield ) _ _ _ _ 2 . 00 (69) Potassium bromate— quan (iii) Milled rice______2.00 Correction titative ______;______3 . 25 Sampling per man-hour______4 7.25 (70) Protein for cargo w h e a t- In F.R. Doc. 68-6099 appearing at page duplicate test required______8 5. 45 Special inspection service per man (71) Protein— Kjeldahl ______2.05 hour ______4 7. 25 7557 of the issue for Wednesday, May 22, (72) Reducing sugars______8.40 Split pea inspection: (See Bean in 1968, make the following changes: spection) . (73) Refining loss— oils______5.75 1. On page 7558, column 2, 5th para Standby time per man-hour______7.25 (74) Refractive index______1.20 Straw inspection: (See Hay inspec graph, line 2, the reference to “SYi” See footnotes at end of table. tion) . should read “SW1/*” .
FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 RULES AND REGULATIONS 7819
2. On page 7563, column 2, following § 611.1086 Bank responsibility for reg customs Forms 6043-A, 6043-C, 7500-A, the property owned by “Nettie P. Spence” ulations issued by Administration. and 7500-B which have been abolished, add the following material: Each Federal land bank is authorized the Customs Regulations are amended as The property owned by W. G. Wallace, and directed to make available to the follows: located on the west side of State Road 190, Federal land bank associations in its The second sentence of § 4.34(h) is 0.4 mile southwest of the intersection of farm credit district all. rules and regula amended by substituting “customs Form State Roads 190 and 608. - tions and any other directives or in 6043” for “customs Form 7500-A” so that The property owned by Leroy R. Widgeen, the sentence will read: located on the east and west sides of State structions issued by the Farm Credit Road 615, 0.2 mile south of the junction of Administration Which are applicable to § 4.34 Prematurely discharged, overcar State Roads 630 and 615. such associations, their officers and em ried, and undelivered cargo. The property owned by Prank Tullie W il ployees, and each such bank is author ♦ * * He * liams, located on the east side of State Road ized and directed to assume responsibility 621 and on the north side of State Road 619, (h) * * * to assure compliance therewith by such The district director of customs may at the junction of State Roads 621 and 619. associations, their officers and employees. The property owned by Melvin M. Williams, issue a permit to retain such merchandise located on the east side of State Road 625 and § 611.1087 Additional regulations issued on board, or he may, upon written ap the north side of State Road 627 at the by bank with Administration ap plication of the steamship company, is junction of State Roads 627 and 625. proval. sue a permit on customs Form 6043 al The property owned by Melvin M. Williams, If the board of directors of any Fed lowing such merchandise to be trans located on the east side of State Road 625 and ferred to another vessel for return to the the south side of State Road 627, at the eral land bank determines that it would junction of State Roads 627 and 625. be in the interest of effective adminis original foreign destination. The property owned by Melvin M. Williams, tration, with respect to or over Federal (80 Stat. 379, R.S. 251, section 624, 46 Stat. located on the east side of State Road 625, land bank associations, their officers and 759; 5 U.S.C. 301, 19 U.S.C. 66, 1624) 0.1 mile north of the junction of State Roads employees, in its district, to issue addi Paragraph (a) of § 19.9 is amended by 625 and 627. tional rules and regulations or directives substituting “customs Form 6043” for The property owned by Melvin M. Williams or instructions, they may be submitted located on the east side of State Road 625, 0.2 “customs Form 7500-A” so that that for approval by the Farm Credit Admin paragraph will read: mile north of the junction of State Roads 625 istration. Upon such approval, which and 627, shall be recited in the additional rules § 19.9 Transfer to another warehouse. The property owned by Melvin M. Williams and regulations or directives or instruc located on the east side of State Road 625, (a) With the concurrence of the pro 0.1 mile up a dirt path, 0.1 mile north of the tions when issued by the Federal land prietors of the delivering and receiving junction of State Roads 625 and 627, bank, they shall be of the same force warehouses, merchandise may be trans and effect as if issued by the Farm Credit ferred under customs supervision and at Administration directly. the expense of the party requesting it § 611.1088 Further instructions by from one bonded warehouse to another Title 12— BANKS AND BANKING bank. in the'same port upon the written re Further directives or instructions, not quest of the importer or transferee to the Chapter VI— Farm Credit district director of customs, who shall Administration inconsistent with law or the rules and regulations or directives or instructions issue an order for such transfer on cus toms Form 6043. SUBCHAPTER B—FEDERAL FARM LOAN issued directly or approved by the Farm $ SYSTEM Credit Administration, may be issued by each Federal land bank in the form of (80 Stat. 379, R.S. 251, section 624, 46 Stat. PART 611— FEDERAL LAND BANK letters, guides, handbooks, manuals, or 759; 5 U.S.C. 301, 19 U.S.C. 66, 1624) ASSOCIATIONS otherwise as may be designed to assist The first sentence of paragraph (a) and govern the Federal land bank associ of § 21.8 is amended by substituting “on Delegation to Federal Land Banks ations, their officers or employees, in its the delivery ticket, customs Form 6043” of Farm Credit Administration Au district, in the conduct of their business for “on the cartage or lighterage ticket, thority Over Associations and the fulfillment of their function. customs Form 6043-A” so that the sen (Sec. 6, 47 Stat. 14, as amended, sec. 8, 67 tence will read: Part 611 of Title 12 of the Code of Stat. 394, as amended; 12 U.S.C. 665, 636g) Federal Regulations is amended by add § 21.8 Liability; reports of loss or dam ing the following at the end thereof: R . B . T ootell, age. Governor, (a) The cartman or lighterman con Delegation to F ederal L and B a n ks of Farm Credit Administration. veying the merchandise shall be held li Farm Credit A dministration A u th o r [F.R. Doc. 68-6383; Filed, May 28, 1968; able under his bond for its prompt deliv it y O ver A ssociations 8:49 a.m.] ery in sound condition, or in no worse § 611.1085 Statutory provisions. than the damaged condition noted on the delivery ticket, customs Form 6043, Section 8 of the Farm Credit Act of Elliott-Fisher ticket, or customs Form 1953, as amended (12 U.S.Cr636g), in Title 19— CUSTOMS DUTIES 7502-A, 7506, or 7512, if damage is so cludes the following: noted. * * * Chapter I— Bureau of Customs, The Farm Credit Administration is author- The first sentence of paragraph (a) of zed and directed, by order or rules and regu- Department of the Treasury § 21.9 is amended by substituting “deliv lations, to delegate to a Federal land bank [T.D. 68-141] ery ticket, customs Form 6043” for ^ of the duties, powers, and authority of “ ticket, customs Form 6043-A” ; the third e Farm Credit Administration with respect PART 4— VESSELS IN FOREIGN AND and over Federal land bank associations, sentence is amended by substituting “the officers and employees, in the farm DOMESTIC TRADES delivery ticket, customs Form 6043 or on credit district wherein such Federal land PART 19— CUSTOMS WAREHOUSES the appraising officer’s release ticket at in+v, 18 ,l°ca^e FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 RULES AND REGULATIONS 7821 This amendment is made under the There being under consideration the Title 49— TRANSPORTATION authority of section 9 of the Department Commission’s General Rules of Practice of Transportation Act (49 U.S.C. 1657). and for good cause appearing therefor: Subtitle A— Office of the Secretary of In consideration of the foregoing, It is ordered, That § 1100.11 of Chapter Transportation effective May 21, 1968, the last sentence X of Title 49 of the Code of Federal [OST Docket No. 14, Arndt. 93-1] of § 93.1 of Part 93 of title 49 of the Code Regulations be amended to read as of Federal Regulations is amended to follows: PART 93— AIRCRAFT ALLOCATION read as follows: § 1100.11 Application fee. (Rule I I ) Issuance of Aircraft Allocations §93.1 Issuance of aircraft allocations. An application filed under Rule 9 must The purpose of this amendment is to ÿ * ♦ * $ be accompanied by a fee of $25. Payment provide authority for the Director, Office The current listing of aircraft alloca must be made either in cash, or by check, of Emergency Transportation, to make tions may be obtained upon request from or money order payable to the Interstate available to the public, upon request, the the Director, Office of Emergency Trans Commerce Commission. The fee will be current listing of aircraft allocations portation, Department of Transporta returned if applicant is not admitted to under the Civil Reserve Air Fleet Pro tion, Washington, D.C. 20590. practice. gram and to discontinue the requirement Issued in Washington, D.C., on May 21, for its publication in the notices section 1968. (Secs. 12, 17, 24 Stat. 383, as amended, 385, as of the F ederal R egister. amended; secs. 204, 205, 49 Stat. 546, as Air carriers and other persons having A lan S. B o y d , amended; secs. 304, 316, 54 Stat. 933, 946; secs. a direct interest in changes to the alloca Secretary of Transportation. 403, 417, 56 Stat. 285, 297; 49 U.S.C. 12; 17, 304, 305, 904, 916, 1003, 1017) tions of aircraft under the Civil Reserve [F.R. Doc. 68-6327; Filed, May 28, 1968; Air Fleet Program are advised of those 8:45 a.m.] It is further ordered, That this amend changes by “change notifications” issued ment shall be effective June 17,1968. by the Office of Emergency Transporta Chapter X— Interstate Commerce And it is further ordered, That notice tion. A semiannual allocation summary Commission is printed and distributed to interested of this order shall be given to the general parties. Publication in the F ederal SUBCHAPTER B—PRACTICE AND PROCEDURE public by depositing a copy in the Office Register of the same information is con [Ex Parte 55] of the Secretary of the Commission, and sidered to be an unnecessary duplication PART 1100— GENERAL RULES OF by filing a copy with the Director, Office and added administrative expense. of the Federal Register. Since this amendment relates to De PRACTICE partmental procedures and does not By the Commission. lessen public availability of aircraft Application Fee allocation information, I find that notice Order. At a general session of the In [seal] H. N eil G arson, and public procedure thereon is un terstate Commerce Commission held at Secretary. necessary and the amendment may be its office in Washington, D.C., on the 17th [F.R. Doc. 68-6362; Filed, May 28, 1968; made effective in less than 30 days. day of May 1968. 8:47 ajn.] FEDERAL REGISTER, VOL 33, NO. 105—WEDNESDAY, MAY 29, 1968 No. 105— Pt. I------2 7822 Proposed Rule Making port Administration, Washington» D.C. 000 barrels of crude oil imports. Company A 20240, on or before June 14,1968. also manufactures from domestic crude 500,- DEPARTMENT OF THE TREASURY 000 barrels of residual fuel oil containing Internal Revenue Service Elmer L. H oehn, 1 percent sulphur and seUs this oil directly Administrator, to the city of New York; for this residual [ 26 CFR Part 1 1 Oil Import Administration. fuel oil Company A would receive an addi tional 250,000 barrels of crude oil imports. INCOME TAX M ay 23, 1968. Thus, Company A would get a total of 100,- 000 'plus 250,000 = 350,000 barrels of addi Allocation of Income and Deductions See. 10A Allocation of crude oil and un tional allocations of imports of crude oil. Among Taxpayers finished oils— Districts I—IV based on production o f low sulphur residual (d) An eligible applicant who manu The proposed amendment to the regu fuel oil to be used as fuel in Districts factures low sulphur residual fuel oil by lations under section 482 of the Internal I-IV. desulphurization of unfinished oils which Revenue Code of 1954, relating to alloca were derived from crude oil produced tion of income and deductions appears in (a) As used in this section: (1) “Low sulphur residual fuel oil”in the Western Hemisphere and imported the F ederal R egister for April 16, 1968. means residual fuel oil : under a license shall receive an alloca A public hearing on the provisions of (1) Which is manufactured in Dis tion of imports of residual fuel oil equal this proposed amendment to the regula tricts I-IV, and to the amount in barrels of the low sul tions will be held on Tuesday, June 18, (ii) Which contains not more than 1 phur residual fuel oil so manufactured. 1968, at 10 a.m., e.d.s.t., in Room 3313, percent of sulphur by weight, and Residual fuel oil imported under such an Internal Revenue Service Building, Con (iii) Which is delivered (either di allocation must be processed other than stitution Avenue between 10th and 12th rectly by the manufacturer or by others by blending by mechanical means. Streets NW., Washington, D.C. following its sale by him) to customers Exam ple. Under its regular crude oil and Persons who plan to attend the hear in Districts I-IV who must bum such unfinished oil allocation Company X imports ing are requested to notify the Commis fuel in order to comply with Federal, 1 million barrels of unfinished oil from Ven sioner of Internal Revenue, Attention: State, or local requirements; ezuela which is desulphurized to produce 800,000 barrels of residual fuel oil contain CC:LR:T, Washington, D.C. 20224, by (2) “Eligible applicant” means a June 11, 1968. Notification of intention ing 1 percent sulphur by weight. Company person who is eligible for an allocation X delivers the low sulphur oil to a public to attend the hearing may be given by under section 10 of this regulation; and utility in New Jersey. Company X would re telephone, 202-964-3935. (3) “Western Hemisphere” means ceive an additional 800,000 barrels of imports James F. D ring, North America, South America, and the of residual fuel oil. Company X must process Director, Legislation and other than by blending by mechanical means West Indies. residual fuel oil imported under the allo- Regulations Division. (b) This section provides for the mak -cation. [F.R. Doc. 68-6461; Filed, May 28, 1968; ing of allocations of imports into Dis 10:46 a.m.j tricts I-IV of crude oil and unfinished (e) An eligible applicant who produces oils based upon the production and de low sulphur residual fuel oil by mechan livery in those districts of low sulphur ically blending residual fuel oil to be used residual fuel oil. Allocations under this as fuel derived from crude oil produced DEPARTMENT OF THE INTERIOR section are in addition to allocations in the Western Hemisphere and imported under a license with unfinished oils proc Oil Import Administration provided for under section 10 of this reg ulation. To the extent that the provisions essed in his refinery capacity shall re [ 32A CFR Ch. X 1 of this section are inconsistent with the ceive an allocation of imports of un finished oils equal to the amount in bar [Oil Import Reg. 1 (Rev. 6) ] provisions of other sections of this regu lation, the provisions of this section shall rels of the unfinished oils processed in OIL IMPORT REGULATION be controlling. his refinery and used in the production of the low sulphur residual fuel oil. Allocation of Imports; Low Sulphur (c) An eligible applicant who manu factures low sulphur residual fuel oil Exam ple. Company Y manufactures 400,- Residual Fuel Oil/ Districts I—IV either from crude oil imported pursuant 000 barrels of cutter stock in Its refinery in Texas. The cutter stock is desulphurized to Presidential Proclamation 3279, as to a license or from domestic crude oil produce 400,000 barrels of cutter stock, which amended, has been modified by Procla shall receive an allocation of imports is blended by mechanical means with resid mation 3794 (32 F.R. 10547) in an effort of crude oil equal to (1) 50 percent of the ual fuel oil to be used as fuel imported from amount in barrels of such low sulphur Venezuela to produce a final blend of residual to help abate air pollution. Pursuant to residual fuel oil manufactured either fuel oil to be used as fuel containing less the Secretary of the Interior’s announced from domestic crude oil or from crude than 1 percent of sulphur by weight. Com intention to grant allocations of crude oil imported under license from Western pany Y would receive an additional 400,000 barrels of unfinished oil imports. oil and unfinished oils to refiners in Hemisphere sources, and (2) 25 percent Districts I-IV, who process crude oil or of the amount in barrels of such low (f) For the purpose of computing im sulphur residual fuel oil manufactured unfinished oils into low sulphur residual port allocations under section 10 of this from crude oil imported under license regulation, crude oil or unfinished oils fuel oil to be used as fuel containing not from other than Western Hemisphere imported pursuant to an allocation under more than 1.0 percent of sulphur by sources. this section 10A or domestic oil received weight, I propose to recommend to the Exam ple. Company A imports from Mid in exchange pursuant to the provisions Secretary an amendment to Oil Import Eastern sources 1 million barrels of crude of section 17 will not qualify as refinery Regulation 1, as amended, which would oil under its regular crude and unfinished inputs. However, the person receiving the oils license. From this crude oil Company A imported crude oil or unfinished oils un add to the regulation a new section 10 A manufactures 400,000 barrels of residual fuel der an exchange agreement pursuant to as set forth below. Interested persons oil containing less than 1 percent sulphur. section 17 may count such oils as re may submit written comments, sugges Company A sells the oil to terminal opera tor B, who in turn sells oil to various apart finery inputs. tions, or objections with respect to the ment houses in New York City; for this oil (g) No allocation of imports of crude proposal to the Administrator, Oil Im Company A would receive an additional 100,- oil made pursuant to paragraphs (a), FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 PROPOSED RULE MAKING 7823 (b), and (c) of section 10 of this regu of assessment payable by each handler office of the Hearing Clerk during regu lation entitles a person to a license which in accordance with § 911.41 of the afore lar business hours (7 CFR 1.27(b)). will allow the importation of unfinished said marketing agreement and order. Dated: May 23, 1968. oils in excess of 15 percent of the alloca All persons who desire to submit writ tion. However, the. Administrator may, ten data, views, or arguments in connec Paul A . N ic h o l s o n , upon petition, allow the holder of such tion with the aforesaid proposals shall Deputy Director, Fruit and an allocation to import a larger percent file the same, in quadruplicate, with the Vegetable Division, Consumer age of unfinished oils if the holder of Hearing Clerk, U.S. Department of Agri and Marketing Service. the allocation certifies that the imported culture, Room 112, Administration Build [F.R. Doc. 68-6338; Filed, May 28, 1968; unfinished oils will not be exchanged and ing, Washington, D.C. 20250, not later 8:46 a.m.] that all of the oils will be desulphurized than the 10th day after the publication in the holder’s own refinery capacity and of this notice in the F ederal R egister. [ 7 CFR Part 932 ] used in the production of low sulphur All written submissions made pursuant residual fuel oil. to this notice will be made available for [Docket No. AO-352-A1] (h) The Administrator shall make an public inspection at the office of the OLIVES GROWN IN CALIFORNIA allocation under this section only upon Hearing Clerk during regular business receipt from an applicant of a certifica hours (7 CFR 1.27(b)). Notice of Recommended Decision and tion satisfactory to the Administrator Dated: May 23,1968. Opportunity To File Written Excep with respect to the following matters per tions With Respect to Proposed taining to the production and delivery of P aul A . N ic h o l s o n , the low sulphur residual fuel oil forming Deputy Director, Fruit and Amendment of the Marketing the basis of the application: Location of Vegetable Division, Consumer Agreement and Order plant in which produced; amount and and- Marketing Service. Pursuant to the rules of practice and sulphur content; source of crude oil or [F.R. Doc. 68-6337; Filed, May 28, 1968; procedure, as amended, governing pro unfinished oils from which produced; 8:45 a.m.] ceedings to formulate marketing agree delivery, either directly by applicant or ments and marketing orders (7 CFR Part following sale by applicant, to customers 900), notice is hereby given of the filing in Districjts I-IV who are required to burn E 7 CFR Part 915 1 with the Hearing Clerk of this recom such fuel in order to comply with Fed HANDLING OF AVOCADOS GROWN mended decision with respect to proposed eral, State, or local requirements. The amendment of the marketing agreement Administrator may prescribe the form IN SOUTH FLORIDA and order (7 CFR Part 932), regulating of certifications. An application for an Approval of Expenses and Fixing of the handling of olives grown in Cali allocation may be filed at any time dur fornia, hereinafter referred to collec ing the period. To apply for an alloca Rate of Assessment for 1968—69 Fiscal Year and Carryover of Un tively as the “order.” The order is effec tion of imports under this section, an tive pursuant to provisions of the Agri application must be filed with the Ad expended Funds cultural Marketing Agreement Act of ministrator in such form as he may Consideration is being given to the 1937, as amended (secs. 1-19, 48 Stat. 31, prescribe. following proposals submitted by the as amended; 7 U.S.C. 601-674), herein (i) No allocation made under this Florida Avocado Administrative Com after referred to as the “act,” and any section shall be sold, assigned, or other amendment which may result from this wise transferred. mittee, established under the marketing agreement, as amended, and Order No. proceeding will also be effective pursuant [PH. Doc. 68-6408; Piled, May 28, 1968; 915, as amended (7 CFR Part 915), regu to the act. 8:50 a.m.] lating the handling of avocados grown/irr . Interested persons may file written south Florida, effective under the appli exceptions to this recommended decision cable provisions of the Agricultural Mar with the Hearing Clerk, U.S. Department keting Agreement Act of 1937, as amend of Agriculture, Room 112, Administra DEPARTMENT OF AGRICULTURE ed (7 U.S.C. 601-674) : (1) That expenses tion Building, Washington, D.C. 20250, Consumer and Marketing Service that are reasonable and likely to be in not later than 20 days after publication curred by the Avocado Administrative in the F ederal R egister. Exceptions I 7 CFR Part 911 1 Committee, during the period April 1, should be filed in quadruplicate. All such HANDLING OF LIMES GROWN IN 1968, through March 31, 1969, will communications will be made available for public inspection at the office of the FLORIDA amount to $13,050; (2) that the rate of assessment for such period, payable by Hearing Clerk during Tegular business Approval of Expenses and Fixing of each handler in accordance with § 915.41, hours (7 CFR 1.27(b)). Rate of Assessment for 1968—69 be fixed at $0.03 per bushel of avocados; Preliminary statement. The public hearing on the record of which the Fiscal Year and (3) that a portion of unexpended as sessment funds amounting to $303.84 in recommended amendment of the order Consideration is being given to the excess of expenses incurred during the was formulated was held in Fresno, following proposals submitted by the fiscal year ended March 31, 1968, be car Calif., on March 21, 1968, pursuant to a Florida Lime Administrative Committee, ried over in the reserve fund, established notice thereof which was published in established under the marketing agree under § 915.205, in accordance with the F ederal R egister on March 2, 1968 ment, as amended, and Order No. 911, § 915.42 of said amended marketing (33 F.R. 4107). .The notice contained as amended (7 CFR Part 911), regulat agreement and order. amendment proposals which had been ing the handling of limes grown in Flor All persons who desire to submit writ submitted to the Secretary of Agriculture ida, effective under the applicable pro ten data, views, or arguments in con by the Olive Administrative Committee, visions of the Agricultural Marketing nection with the aforesaid proposals the administrative agency for the order. Agreement Act of 1937, as amended (7 should file the same, in quadruplicate, Material issues. The material issues U.S.C. 601-674), as the agency to ad with the Hearing Clerk, U.S. Department presented on the record were concerned minister the terms and provisions there- of Agriculture, Room 112, Administra with amending the order to: °li ^ That expenses that are reason tion Building, Washington, D.C. 20250, (1) Redefine “natural condition able and likely to be incurred by the not later than the 10th day after the olives,” to permit movement of such Florida Lime Administrative Committee, olives in water or other preserving during the period from April 1, 1968, publication of this notice in the F ederal mediums; through March 31, 1969, will amount to R egister. All written submissions made (2) Change the provisions dealing ♦ ant* (2) that there be fixed, pursuant to this notice will be made with allocation of handler representation at $0,025 per bushel of limes, the rate available for public inspection at the on the Olive Administrative Committee FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7824 PROPOSED RULE MAKING as between cooperative and independent being placed in water or a preserving other” for purposes of allocating mem organizations ; solution, and this appearance is apparent bership within the independent group (3) Change the provisions relating to to inspectors and others who are respon are unnecessary. The manner in which assessments; sible for overseeing .procedures under the the “large” and “all other” independent (4) Revise the provisions authorizing order.* Only so long as the olives continue handlers operate is similar, hence per marketing research and development to manifest such appearance should the sons can be chosen to represent the inde projects to include authority for any olives be considered as natural condition pendent group on the committee with form of paid advertising; olives. The intent is not to restrict solu out particular regard to the relative size (5) Revise the provisions on “Incom tion handling to mechanically harvested of operation. Further, it is impractical ing regulations” to provide for changing fruit. If it should prove beneficial, such and undesirable to retain the provisions the minimum standards for natural con manner of handling should be available of the order which limit nominations dition olives to reflect seasonal condi for all olives regardless of how harvested. from any handler organization to not tions, and for flexibility in meeting han If the committee determines that such more than those required to fill one dlers undersize and cull obligations; are necessary it should develop suitable member position and one alternate (6) Revise the provisions on outgoing instructions and procedures governing member position on the committee. Cur regulations to provide for modification the handling of fruit from grove to proc rently, there are but three cooperative of the grade applicable to packaged essing plant so as to facilitate certifica handling organizations in the industry olives, and for changing minimum size tion with respect to size grading. It is and such organizations are allocated requirements for olives to be used in the therefore concluded that the term “nat four cooperative handler positions. Ob halved, sliced, chopped and minced styles ural condition olives” should be redefined viously under these circumstances it was of canned ripe olives; as hereinafter set forth. necessary to modify this provision, as (7) Change the interhandler transfer (2) The Olive Administrative Comprovided in the order, to permit one such provisions to provide that the disposition mittee established under the order con organization to fill two of the positions obligation for undersize and cull olives sists of sixteen members. Eight positions C32 F.R. 5323). Consolidation of organi may be transferred with natural con are allocated to growers and eight to zations and other changes may further dition olives; handlers. The order, within prescribed reduce the number of handling organi (8) Provide for exempting from regu limits, provides for reallocation of the zations, hence, flexibility in the nomina lation olives in certain types of ship handler member positions as between co tion and selection of handler members ments, and for specified purposes; and operative handlers and independent is essential to meet changing cir (9) Make conforming changes. handlers. Allocation of handler member cumstances. Findings and conclusions. The findings ship between these two groups is on the The order now authorizes the com and conclusions on the material issues, basis of the relative volume of olives mittee, with the approval of the Secre all of which are based on the evidence handled. Currently this allocation is four tary, to redefine the districts into which adduced at the hearing and the record members to cooperative handlers and the area is divided and to reapportion thereof are as follows: four members to independent handlers. the grower membership among districts. (1) The order defines “natural condiPresent provisions of the order provide The current assignment of grower mem tion olives” for the purpose of applying for allocation of not less than three bership among districts is on the basis size-grading and other requirements at members to the cooperative handler o f olive acreage. Authority for redefini the incoming level. The current defini group and four members to the inde tion of districts and reapportionment of tion includes olives in their fresh- pendent handler group with an addi grower membership is now provided in harvested state prior to their being tional member allocated to the group the duties of the committee to recognize placed in water or any curing or preserv which handles more than 50 percent of principally shifts in olive acreage within ing solution. Such definition precludes the volume in a specified 2-year period. the districts and area. The record shows placing olives in water or any curing or Initially, on this basis, the cooperative that the order should provide for reap preserving solutions previous to their be handler group was allocated three mem portionment based on other factors in ing weighed and size-graded. Up to now, bers and the independent handler group cluding, in addition to acreage, the num the usual method of harvesting olives has five members. Reallocation to a four and ber of growers in a district, and the ton been by hand. In recent years growers four relationship was effected in 1967 nage produced. It is not anticipated that have experienced a shortage of harvest when the volume of olives handled by the redefinition or reapportionment will be ing labor. Costs of such labor has in cooperative group exceeded the 50 per necessary in the near future. However, if creased substantially. The industry has cent required in the specified period. conditions should develop which indicate been attempting to develop a more effi The record shows that this four and that redefinition or reapportionment, or cient and less costly means of harvesting four relationship should be continued so both, would be desirable to effect a more olives. Some of these methods involve long as neither group handles 65 per equitable representation, the committee harvesting by mechanical means. It has cent or more of the volume of olives in should be authorized to recommend and, been found, however, that machine har the crop year in which nominations are with approval of the Secretary, to vesting results in a considerably in made and in the immediately preceding effectuate the same. creased incidence of bruising of the crop year. But at any time either group Based on the foregoing it is concluded olives, in some incidences near double handles 65 percent or more of the volume that the order should be amended, as that incurred in hand picking. Bruises on in each of such years reallocation of hereinafter set forth, to provide a re olives oxidize and the olives deteriorate membership should be made to establish vised basis for allocating handler and unless the fruit is handled in a manner a five and three relationship with the grower representations on the committee. that will inhibit oxidization. It appears group handling 65 percent being allocated (3) The order should be amended as that placing the olives in water, brine, or five members. Further, provision should hereinafter set forth, to provide that similar solutions immediately upon re be made for the committee with the ap handler assessments shall be applied only moval from the tree would do this. This proval of the Secretary to prescribe such to olives to be used to produce a regu practice is used extensively in the han .other allocation as may be found to be lated product. Currently, assessments are dling of mechanically harvested cherries desirable to provide for equitable han applied to all such olives and to any sub- for processing, and indications are that dler representation, generally on the lots of olives diverted to nonregulated it will prove so for olives. basis of the relative volume of olives han uses from lots destined for regulated To accommodate the handling of olives dled by each of the two groups. It should products. Lots of olives acquired and in water or other preserving mediums a be understood, however, that no such used solely for fresh shipment, oliveoik change in the definition of “natural con reallocation should deprive either the in salt cured oil coated olives such as Greek dition olives” is necessary. dependent or cooperative group of repre style, and Sicilian style olives» are not Olives continue to manifest an appear sentation on the committee. subject to assessment. Also, olives for ance characteristic of fresh harvested The current provisions of the order use in production of canned ripe olives ol olives for a sufficient time to permit establishing sub-groups of independent the “tree ripened” type, or green olives, transport to the processing plant after handlers, i.e. the “4 largest” and “all are not subject to assessment so long as FEDERAL REGISTER, VOL. 33, NO. 105— WEDNESDAY, MAY 29, 1963 PROPOSED RULE MAKING 7825 no regulations are made applicable to number of food products. The evidence and educating the consumer. Other mer such packaged olives. Considerable con indicates that authority for product pro chandising aids that may be utilized in fusion'has occurred among handlers in motion and advertising under the order an olive promotional program include the application of assessments to sublots would put the olive industry in a position recipe folders for distribution at point of of olives used in nonregulated products. to advance a more effective marketing sale, brochures which identify and ex Moreover, such application results in an program. plain olive sizes, and information bulle advantage to persons who produce non The order should authorize any or all tins on special uses. These may be par regulated products from complete lots as of the forms of promotion, including ticularly useful in low per capita con compared with those who produce such paid advertising, that are permitted sumption areas. products from sublots. under the act. Promotional projects The third technique is paid advertis The application of assessments only to should consider both long term and short ing. This form of promotion is generally olives which are to be used to produce term objectives. One example of a long expensive, but some things can be done a regulated product would be more equi term objective would be to introduce the which are reasonable in cost and are table to handlers, reduce confusion, and olives to persons not familiar with them. still effective. Trade paper advertise improve the administration of the order, Another would be a campaign to expand ments, together with editorial support and the order should be amended ac markets in low consumption areas, using which trade papers often give an ad cordingly. Such amendment should in various educational means. A project vertiser, offer possibilities in an olive clude the deletion of the word “solely” with a short run objective, would be a promotional program. Some newspaper from § 932.16 to make it clear that no campaign designed to register an im advertising may be necessary, to en assessments are to be applied to olives mediate sales response in areas where courage the use of olive materials in food exempted as therein specified. Section the olives have already been accepted page publicity. It is recognized that 932.39 should be revised to incorporate and are being used in volume. newspapers are influenced in the favor the provisions now in § 932.56 relating to The following promotional and ad of advertisers when scheduling food page assessment of olives to be used in produc vertising techniques together with rela editorial space. Television and radio net tion of canned ripe olives of the “ tree tive advantages were cited as examples work and magazine advertising may be ripened” type or green olives when regu of techniques which may be employed available on an economic basis through lated as packaged olives pursuant to under thp authorization: Publicity edu development of joint ventures with one § 932.52. After such revision said § 932.56 cation is a good technique to use when or more advertising partners which dis should be deleted in the interest of promotional funds are limited, particu tribute complimentary food products. simplification. larly if a major portion of the program This is a possibility that should be ex In the application of assessments on is directed to the newspaper food pages. plored. The committee should be per the new basis, reporting requirements Food page publicity makes available mitted to consider and to utilize any of should be essentially the same as those product information, stories and recipes, these techniques or others or a com currently required. Handlers should con many of them illustrated by color photo bination of them in carrying out a pro tinue to report their total receipts of graphs. Such programs may be given free motional program. canning size olives which would include newspaper editorial space. Such space, If the Olive Administrative Committee all olives to be used in regulated products. if paid for at normal advertising rates, (OAC) determines that promotion or ad Undersize and cull olives should not be would be worth many times the amount vertising should be undertaken, the costs reported for assessment purposes. Prom paid the publicity agency. It was pointed of the program should be taken into ac the total canning fruit received, handlers out that the American housewife looks count in budget development, both as to should report the exempt use by varieties. to the food pages of newspapers and the additional items of expense and the Assessment would then be made on the magazines or to the local extension home assessment. In undertaking an adver remaining tonnage to be used for regu economist for guidance in meal planning. tisement program the committee, to the lated products. Audits of handlers rec They readily accept suggestions of these extent practicable, should carefully plan ords could be made to verify the reports. influences as reliable and acceptable in - and secure approval as far in advance as (4) The provisions of the order which formation. The authority for promotion possible. To the extent practicable the authorize the Olive Administrative Com under the order would enable the com plan should cover more than 1 year. Ex mittee to establish research and develop mittee to supply olive information, rec penses of planning should be authorized ment projects designed to assist, improve, ipes, and publicity materials to food on the basis of budgetary approval since or promote the marketing, distribution news editors and similar persons for planning and project development must and consumption of olives should be appropriate distribution. It is recognized precede project approval. Also, the order amended, as hereinafter set forth, to in that publicity education activities do authorizes a financial reserve to be used clude authority for any form of market have a disadvantage in that one cannot for approved expenditures, under the ing promotion, including paid advertis order. Financial reserves should be avail ing. control the message. Since editorial space cannot be bought, one cannot control an able to cover costs of planning and such Market promotion, including paid ad editor’s handling of a story. This disad other costs of the promotional program vertising, has been engaged in by the vantage is more than offset, however, by as may be necessary and approved. olive industry for several years under a the fact that good publicity education In formulating projects and objectives State of California marketing order. It brings the greatest return for the dollar the OAC should be authorized to secure was estimated that in the past 10 years expended. the advice and services of persons knowl sales of olives have increased by 27 per edgeable in the promotional and adver cent, and it was asserted that in assess- The second promotional and advertis ing technique is merchandising. This in tising field, as well as those involved in nig this increase promotion and adver marketing canned ripe olives. Also, to tising should be given credit. It was volves development and distribution of point of sale material. This is a much assist in expeditious and efficient plan advanced, without opposition, that both ning of a promotional program OAC the State and Federal marketing orders used promotional device and should be authorized under the order. A survey of could establish subcommittees. Such should provide for market promotion in committees could explore promotional cluding paid advertising to provide for 18,000 supermarkets in 1961 showed that on an average that in June of that year methods, develop preliminary projects essential continuity and to assure that a and programs, contact agencies, and means of advertising would be available there were 3,600,000 promotional pieces displayed. Three-fourths of those were make recommendations to OAC with re 6 iHdustry in the event one or the spect thereto, and thus expedite the work other of the orders should be terminated. related to food items, and one-fourth had to do with produce. Olives are partic of OAC. Final decisions and implementa a recent survey was cited which pointed tion of any recommendation of any such out that increased income in areas of low ularly well adapted to point of sale ma terial directed toward calling shoppers’ subcommittee should be the prerogative per capita consumption represents po of OAC. tential new markets for olives. It also attention to seasonal uses, stressing their Pointed out that aggressive olive market attractiveness as a food garnish. Artis In the conduct of any promotional ing, including promotion, is necessary to tically developed point of sale pieces can program "the OAC should be authorized to meet competition from the increasing serve a dual function of both attracting conduct promotional projects itself, or FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7826 PROPOSED RULE MAKING to contract for the conduct of such proj 98); of all olives of variety group 2, ex During each crop year, sizes smaller ects with an agency or agencies which cept Obliza, smaller than Petite (ap than those authorized for use in such specialize in this field. proximate count 160); and of all olives year in halved, sliced, chopped, and In its deliberations concerning pro of variety group 2, of the Obliza variety minced styles- should be disposed of as motional and advertising projects, the smaller than Small, Select or Standard other than canned ripe olives in accord OAC should give particular considera (average count 135). These disposition ance with disposition requirements of the tion to the expected supply of olives in requirements are related to the sizes order. relation to market requirements, the established for olives at the outgoing Size-grading under the order, which supply situation among competing areas level, permitting the use in halved, sliced, results in the segregation of olives into and commodities, and the need for mar chopped, and minced styles of one size various size designations, as previously keting research with respect to any mar smaller for each of the respective variety related, is on the basis of the size desig keting development activity and the need groups than the minimum size permitted nations set forth in the U.S. Standards for a coordinated effort with USDA’s in the whole and whole pitted styles of for Grades of Canned Ripe Olives, and Plentiful Foods Program. To permit the canned ripe olives. At the time the order two additional designations specified in Secretary to discharge his responsibility was established there was in existence the order for olives smaller than those under the order the committee should be a more than adequate inventory, of covered under the Standards. Each of required to submit each such project to canned ripe olives in the halved, sliced, these size designations is in terms of a him for his approval. In submitting such chopped, and minced styles. Hence, one count range. For example, in the “Me projects the committee should include size in addition to the olives of larger dium” size designation the count of olives recommendations as to the funds to be sizes customarily used in such styles was in a pound can vary from 106-121, and in obtained from assessments under the considered adequate. No provision was “Small” from 128-140. Obviously, olives order, recommendations as to any mar made in the order to permit any addi which count 106 to the pound average keting research projects, and recom tional sizes to be used. larger in size than the olives in a pound mendations as to promotional activity In 1967-68 the production of olives which count 121. It would be to the and paid advertising. The committee was less than one-fourth of an average grower’s advantage for the olives to be should review its market development crop. By the time olives from the 1968-69 size-graded to the 121- count, thus in program annually to appraise its effec crop are available inventories of halved, cluding a larger proportion of the smaller tiveness. An annual report on the pro sliced, chopped, and minced are expected olives in the “Medium” size category (size gram should be made available to the to be depleted or reduced below a desir designation). Conversely, it would be to industry and the Secretary. able carryover level. If such develops ad the handler’s advantage to size-grade the (5) The order requires, among otherditional sizes doubtless will be needed to olives to the 106 count, thus including things, that natural condition olives to enable the olive industry to meet de only olives of a greater average size. be used in packaged olives shall first be mands and replenish inventories. Under Ideally, size-grading should produce a size-graded, either by sample or by lot, circumstances of severely reduced sup count near 113, the midpoint of the into prescribed size-designations. These plies or of increased demand, authority range, but due to variation in the shape size designations are those set forth in should be available in the order so that of olives, and imperfections in the size- the U.S. Standards for Grades of Canned sizes which will produce a satisfactory grading machinery, absolute precision in Ripe Olives, plus two additional size product in such styles can be made avail size-grading is difficult to achieve. It designations “Petite” and “Sub-Petite,” able as necessary. The record shows that has been found, however, that it would be covering olives smaller than those in the additional sizes of olives smaller than practical to require a more precise result designations in the Standards. The size those currently permitted could be used than that achieved by allowing the full designations are in terms of count ranges to produce satisfactory products. Such range. In the past two years of operation per pound. Small, the smallest designa olives include: Olives of variety group 1, under the order inspection procedure has tion in the Standards, includes olives except Ascolano, Barouni, and St. required the grading to be within a ranging in count from 128 to 140, inclu Agostino, of a size which individually narrower range, for example “Medium” sive, per pound. “Petite” as currently de weigh l/105th pound or more; olives of was required to be size graded in the fined in the order ranges from 140 to variety group 1 of Ascolano, Barouni, and range 110-116, instead of 106 to 121. This 180, inclusive, per pound. Hence, there St. Agostino, of a size which individually has produced a satisfactory result, and is an apparent conflict between these weigh l/180th pound or more; olives of such more precise grading should be con two designations. The correct range of variety group 2, except Obliza, which tinued. . The order provisions should “Petite” is 141 to 180, inclusive, per individually weigh l/225th pound or specifically authorize the committee to pound, and the order should be amended, more; olives of variety group 2 of the prescribe narrower limits than those as hereinafter set forth, to reflect this Obliza variety which individually weigh specified in the Standards to govern size range. 1/180th pound or more. The order should grading so that this can be required if For regulatory purposes under the be amended to establish these sizes as the such is found to be practical. It is desir order, varieties of similar size character minimum sizes of natural condition olives able to require the greatest degree of istics are grouped together in specified which may be authorized, for use in the precision practical so as to assure equi variety groups. Only olives in specified production of such styles, and to provide table treatment of growers and to place size designations within each established that the committee may recommend and handlers on the same footing in the variety group may be packaged as whole the Secretary may authorize the use in acquisition of olives so as to effect orderly and whole pitted styles of canned ripe such styles of any or all sizes not smaller marketing and improve grower returns. olives. In addition, the order currently than the foregoing. However, as will It is therefore concluded that the order permits olives one size smaller than the hereinafter be discussed in connection should be amended as hereinafter set minimum size permitted in whole and with outgoing regulations, it is not forth to specifically authorize the com whole pitted canned ripe olives to be known at this time the extent to which mittee to recommend and the Secretary used in halved, sliced, chopped, or minced sizes of olives smaller than those per to establish such other size requirements styles of canned ripe olives. Olives of mitted in whole and whole pitted olives, as may be deemed appropriate to sizes smaller than those permitted to be but not smaller than the minimum sizes, accomplish the foregoing. used in such styles (undersize), and will be needed in any crop year to pro As previously stated, the order cur olives which are deemed unsuitable by vide an adequate supply of halved, sliced, rently requires handlers to dispose of ol the handler (culls), must be disposed of chopped, and minced styles. Therefore, ives of sizes smaller than those permitted as other than canned ripe olives. the authorization to so use natural con to be used in any style of canned ripe Currently, such disposition is required dition olives of small sizes should be olives for other uses under supervision of all olives of variety group 1, except subject to annual recommendation by of the inspection service. The determina Ascolano, Barouni, and St. Agostino, tion as to the quantity of each variety smaller than Extra Large (approximate the committee and establishment by the group which is required to be so elimi count 82); of all olives of variety group Secretary. Such small sizes should be nated is arrived at by the size-grading 1, of Ascolano, Barouni, and St. Agostino consistent with the sizes prescribed under required at the incoming level, mainly on smaller than Large (approximate count the outgoing regulatory provisions. a sample basis. Currently, disposition is FEDERAL REGISTER, VOL. 33, NO. 105—-WEDNESDAY,^MAY 29, 1968 PROPOSED RULE MAKING 7827 required on a variety basis. That is, ii and dispositions on a variety group basis, adequate quantity to meet such obliga the sample size-grading or lot size would enable a more efficient operation, tion. It is recognized that prompt com grading discloses that the variety group and would permit handlers to offset un pliance by each handler is .essential, if 1 olives of the Asoolano, Barouni, and dersize and cull deficits in one variety orderly marketing is to be achieved. The St. Agostino varieties of a handler con group by applying the excess undersize objective should be to keep handlers on tain 2 tons of undersize olives, he is re and culls from other variety groups. Per as nearly an equal footing as possible. quired to dispose of as other than canned mitting handlers to meet their undersize The foregoing provisions would provide ripe olives, 2 tons of the required under-, and cull obligations on this basis would a wider latitude to handlers to meet size fruit of such varieties. Likewise, han still result in the practical elimination obligations, and at the same time would dlers are required to dispose of cull fruit of the olives of each variety group which give incentive to them to try to meet on a variety basis, equal in quantity and the incoming size-grading identified as obligations with fruit which meets character to that disclosed at the incom smaller than those permitted in canned undersize and cull specifications. Except ing level. ripe olives, and also would result on the in rare circumstances it is not expected The record shows that handlers have same basis in the elimination of the that handlers will choose to dispose of found it extremely difficult to meet the olives so identified as culls. cannable olives in fulfillment of obliga undersize and cull obligations on a vari The order requires inspection and tions but such alternative should be ety basis. In some instances, the quanti certification of canned ripe olives at the available to them in the interest of the ty of undersize olives subsequently lot outgoing level. Olives at that level must program. It is, therefore, concluded that size-graded out in one variety has ex meet specified grade and size require the order should be amended as herein ceeded the quantity established as the ments. Compliance with such require after set forth to reflect the foregoing obligation at the incoming level for that ments at the outgoing level will alternatives for handlers to meet under variety, while the undersize olives so necessitate elimination of undersize and size and cull obligations. lot size-graded out of another variety off quality olives. The purpose of size (6) The whole and whole-pitted styles has been less than the obligation so es grading at the incoming level is to under of canned ripe olives are the primary tablished for such variety. Similar ex gird the outgoing requirements and to products produced in the California olive perience was encountered with respect to provide the growers and handlers with industry. The larger olives of each the cull obligation. information as to the quantities of the variety are preferred for use in the pro different sizes of cannable olives in each duction of such products. Smaller olives Various causes are responsible for of each variety are used to produce these discrepancies. Undersize and culls lot of fruit as a basis for establishing the value of the lot. Such purpose would still canned ripe olives of the halved, sliced, often are not removed at the incoming chopped, and minced styles which are level. Instead, size-grade and cull com be served by permitting handlers to meet disposition requirements as indicated. It considered secondary products. Olives position of a lot is determine from a of the smaller sizes which are per sample at that level. Immediately there is therefore concluded that the order should be amended as hereinafter set mitted to be used in the secondary prod after the olives are put into storage solu ucts but not in the primary products tions, or into the initial processing solu forth to permit a handler to meet his undersize obligation by disposing of a are often referred to as “limited use tion. Later the olives are lot size-graded sizes.” As previously related, the order at some intermediate step of processing quantity of olives in non-regulated out lets equal to that determined to be now permits one such size in each variety into the size designations prescribed in group to be used in the production of the outgoing requirements. In the proc undersize at the incoming level, and to so dispose of a quantity of olives equal secondary products. All styles of canned essing operation olives sometimes change ripe olives, other than those of the “tree character. In some instances they become to his cull obligation as so determined in fulfillment of his cull obligation without ripened type,” are required to grade at smaller than they were in their natural least U.S. Grade C at the outgoing level. condition state, while in others they the necessity of a precise accounting as to the varietal composition of the olives The order does not now contain au increase in size. One type of processing thority for changing grade requirements known as “fresh cure” which is used for in the disposition quantities. The record indicates that while the except by amendment, and contains only certain varieties suited to it causes an limited authority for changing size re increase in size. If the olives increase in application of the excess undersize and quirements. size the quantity of undersize resulting culls from variety groups which have such to cover the deficits of other variety When the order was put into effect from the later size-grading will be less there was more than adequate inventory than that determined at the incoming groups should enable handlers to sub level; if the olives shrink the quantity of stantially comply with disposition re of secondary products, consequently the need for olives for such use was limited undersize will be larger. Also, olives which quirements, it is recognized that even with such application it is possible that and this was reflected in setting the size in their natural condition state mani restriction prescribed currently in the fest the appearance of culls may some- a handler may still have a deficit. The excess quantities may not be equal to order. In the 1967-68 crop year a near times process into a desirable product, crop failure occurred, with less than one- while others which do not manifest such the deficits. In sûch Instance the handler should not be relieved of the disposition fourth of a crop being produced. As a appearance may process into an unde result, inventories of all olives are now sirable product. Because of the foregoing requirements but should be required to fill the deficit in undersize by disposing depleted or will be severely reduced by described unpredictable behavior of the time olives from the 1968-69 crop olives, and the lack of precision in size- of olives of sizes larger than undersize, and to fill any cull deficit by disposing are available. The evidence shows that grading equipment, it has been extremely flexibility is needed in the order in es burdensome on handlers to meet the of olives of a quality better than culls. Moreover, each handler should he re tablishing grade and size requirements so undersize and cull obligations on a vari that the industry can better cope with ety basis. A practical solution to the quired to have on hand throughout the crop year a quantity of olives equal to year-to-year changes affecting the pro problem would be to dispense with the duction and marketing of olives. Rigid disposition requirement on a variety that represented by his undersize and cull obligations, less any quantity previ grade and size requirements as presently oasis and to permit handlers to dispose fixed in the order do not permit the ready i in nonregulated outlets a quantity of ously disposed of in the approved man ner, so as to assure the handler’s tailoring , of requirements to fit the de undersize olives equal to the undersize mands of the market. The order should ligation without regard to variety, continued compliance with the regula tory requirements of the program during therefore be amended as hereinafter set ikewise, a handler should be permitted forth to authorize the committee, with w dispose of a quantity of cull olives the year. It would also enable the com mittee promptly to receive, investigate, the approval of the Secretary, to modify d-q ir* k*®’cu^ obligation without re- the grade requirements for olives at the gara to variety in fulfillment of his cull and refer to the Department violations outgoing level. Also, similar authoriza bhgation. This would relieve the han- of the program. It is the intent that any tion, as hereinafter set forth, should be er of burdensome and costly record time a handler disposes of olives without provided to enable the committee to alter coping and other precautionary actions satisfying his undersize and cull obliga size requirements for limited use sizes volved in keeping track of obligations tions, that he should have on hand an at the outgoing level with comparable FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7828 PROPOSED RULE MAKING adjustments in related requirements for the circumstances. The committee in (7) The provisions of the order pro natural condition olives at the incoming arriving at a recommendation with re viding for interhandler transfers of olives level. While flexibility is necessary as the spect to any such modification should should be amended, as hereinafter set foregoing indicates, minimum size re consider all such factors carefully and forth, to permit transfer to the receiving quirements for the various variety groups should consult with representatives of handler (transferee) of the undersize should be provided in the order to pro the Processed Products Inspection Serv and cull disposition obligations on trans hibit the use of sizes which have been ice as they are familiar with the develop ferred lots of natural condition olives. found to be unsatisfactory for use in any ment and application of grades, and thus Currently the order holds the transfer- style of canned ripe olives. The record can provide necessary information as to ing handler (transferor) responsible for shows that the following sizes should be the probable effect and practicability of meeting such obligations even though eliminated from use in any style of any proposed modifications. he does not lot size-grade the natural canned olives: Olives of variety group 1, The notice of hearing contained a pro condition olives prior to transfer. It has except the Ascolano, Barouni, and St. vision to fix the foregoing sizes as the been difficult in the administration of Agostino varieties of a size smaller than size limits for olives permitted to be the order to credit the transferor with those which individually weigh less than used in secondary products in the 1968- dispositions by the transferee who later l/105th pound; olives of variety group 1, 69 crop year. This was supported at the lot size-graded the olives. Authorization of the Ascolano, Barouni, and St. Agos hearing on the basis that the current of a procedure enabling the transfer of tino varieties of a size smaller than those olive inventory position indicates that the obligations to the transferee along which individually weigh less than all olives larger than those restricted with the olives is a reasonable and prac l/180th pound; olives of variety group 2, likely will be needed to replenish sup tical means of overcoming this difficulty, except the Obliza variety, of a size small plies of secondary products and to fill and it would improve order administra er than those which individually weigh demands. However, offsetting testimony tion. The transferee is in a better position less than l/225th pound; and olives of was presented, the burden of which was to meet the obligations than the trans variety group 2, of the Obliza variety, of that it is not reasonable to establish feror on transferred lots of olives which a size smaller than those which indi specific size requirements before the crop have not been lot graded prior to transfer vidually weigh less than l/180th pound. is set on the trees, and, despite the in because such lots still contain the under Sizes larger than the foregoing elimi dustry’s favorable inventory position, size and cull fruit. Thus, the transferee nated sizes have been found to produce the* committee should be authorized to has the fruit to meet the obligation in his satisfactory secondary olive products, and review the situation at or near the be possession. in certain circumstances it may be ad ginning of the 1968 crop year as in any The current procedure which handlers vantageous to authorize the use of any subsequent year, and to establish re are required to follow in effecting inter or all such sizes. Depending upon de quirements based upon conditions then handler transfers requires them to com mand and supply conditions, it may be existing. It was pointed out that condi plete a form providing the committee advantageous to authorize the use of tions now appear favorable for a large with details of the transfer. Such form only one size smaller than the minimum crop and large crops usually are asso can be adapted to include a certification permitted to be used in the whole and ciated with a production of smaller by the transferee acknowledging to the whole pitted styles of canned ripe olives. fruit. In the 1966-67 crop year when the committee his assumption of the dispo It is conceivable, too, that under circum greatest pack of halved, sliced, chopped, sition obligations on any lot of natural stances of very heavy inventory or avail and minced styles of olives were packed, condition olives he receives by transfer ability of abundant supplies of larger there was available 4,844 tons of olives from another handler. This should relieve olives, or both, no sizes of olives smaller of authorized limited use size available the transferor of the obligation. than those permitted in whole and whole to handlers, and less than 2,000 tons (8) The order should be amended, as pitted styles should be so authorized. To were used in such styles. Returns to hereinafter set forth, to provide for provide maximum flexibility for dealing growers are enhanced by limiting the use exemption from any or all order require with the many and various supply and in secondary products to sizes which ments the handling of olives in such demand situations that may develop from produce better quality and this means types of shipments, or for such specified year-to-year, the order should provide olives of the larger sizes within the purposes, as the committee with the ap that the committee may recommend and limited use category (subcanning sizes). proval of the Secretary may prescribe. the Secretary authorize the use in sec Further, the evidence indicates that it Currently, the order authorizes such ondary products of any, or all, sizes not exemption only for minimum quantities smaller than the minimum sizes. In its is not in the interest of growers to per consideration of any such recommenda mit use of a larger quantity of small of olives. Occasionally, olives may fail to sized fruit than is necessary to supply meet outgoing grade or size regulations. tions the committee should make a care Such olives may be reprocessed to meet ful analysis of the factors set forth in the the market with secondary products and marketing policy. If it concludes that cer provide a reasonable carryover, as ex requirements. No other form of disposi tain of such sizes of olives should be cessive inventories in the past have tion is provided for. authorized for such use, it should recom exerted a depressing effect upon grower Under certain circumstances, it may be mend such specific sizes as it believes prices, and limiting the use of sub- more advantageous to the handler to should be authorized. If the Secretary canning sizes is one means of preventing donate for charitable consumption olives concurs, he should issue an appropriate development of such inventories. Under which have failed to meet requirements, regulation specifying the sizes that can such circumstances, the* committee may or to divert them to uses or products be used in halved, sliced, chopped, and wish to consider establishment of a more other than canned ripe olives. It may minced styles of canned ripe olives. The restrictive regulation than that which even be to the handler’s advantage to objectives should be to permit the use in would be achieved by permitting the use dump olives rather than to reprocess secondary products of the most desirable of the full range of subcanning olives. them in an attempt to meet requirements. sizes as will tend to effectuate the pur It is therefore concluded that the evi Also, it may be advantageous to exempt poses of the act and the order. dence weighs more heavily in favor of handling of olives from certain require Likewise, the committee should be treating 1968 in the same manner as ments in the interest of facilitating re authorized after study of the grade re subsequent years. This will permit the search and development. The exemption quirements in the light of current and committee to study the situation in the authority should be on a selective basis prospective crop and market conditions, light of later crop and market develop so the committee and the Secretary can to recommend to the Secretary modifica ments and to recommend to the Secre appraise the situation and relieve the tion of such requirements with respect tary the sizes it deems .advisable for shipment or other handing of olives only to any style of olives regulated under 1968. Such recommendation for 1968 and from such of the order requirements as the order. Basically, the grade contem any subsequent year should be forwarded may be necessary and practical. No plated should be U.S. Grade C with such to the Secretary along with a copy of the exemption is contemplated nor should modifications effected by increasing or required marketing policy and any other any be provided that will permit exempt decreasing tolerances for one or more information the committee considered in olives to compete with regulated olives in grade factors as may be warranted by arriving at the recommendation. normal channels of trade. The order now FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 PROPOSED RULE MAKING 7829 provides for the establishment of safe ing the findings and reaching the con dlers or the independent handlers han guards to assure that exempted olives are clusions herein set forth. To the extent dled as first handler 65 percent or more of handled only as authorized. It is con that any suggested findings or conclu the total quantity of olives so handled cluded that broadened exemption au sions contained in the briefs are incon by all handlers allocation shall be five thority should be provided in the order. sistent with the findings and conclusions members to represent the group which This would enable the committee to contained herein, they are denied on the so handled 65 percent or more of such establish alternative avenues for exemp basis of the facts found and stated in olives and three members to represent tion if it appears that order administra connection with the decision. the group which handled 35 percent or tion, or handlers’ operations, would be General findings. Upon the basis of the less. The committee may, with the ap benefited by such exemption. The record evidence adduced at such hearing, and proval of the Secretary, provide such indicates that it may be desirable to re the record thereof, it is found that: other allocation of producer or handler quire as a safeguard execution of an (1) The marketing agreement and or membership, or both, as may be neces agreement by the recipient specifying der, as hereby proposed to be amended, sary to assure equitable representation. that exempted olives will be used only and all the terms and conditions thereof, 3. Revise § 932.29 to read as follows: as authorized. It was testified that au will tend to effectuate the declared § 932.29 Nominations. thority should be included in the order policy of the act; so any such agreement could provide for (2) The said marketing agreement (a) Producer members. (1) Nomina liquidated damages in connection with and order, as hereby proposed to be tions for producer members of the com donations for charitable use, in the event amended, regulate the handling of olives mittee, and their respective alternates, the agreement is violated. However, it is grown in the production area in the shall be made at meetings of producers not clear from the record how. such same manner as, and are -applicable only held by the committee at such times and liquidated damage provision would be to. persons in the respective classes of places as it shall designate. The names used and no authority therefor is commercial or industrial activity speci of nominees shall be submitted to the included. fied in, a proposed marketing agreement Secretary prior to April 16 of the year (9) It was testified that the phraseand order upon which hearings have in which nominations are made. The “with the approval of the Secretary” in been held; committee shall prescribe such proce § 932.35(c) appears to contemplate (3) The said marketing agreement dure for the conduct of such meetings cumbersome approval procedures not re and order, as hereby proposed to be and for voting on the candidates selected quired in connection with other duties of amended, is limited in application to the thereat as shall be fair to all persons the committee, and it should be deleted. smallest regional production area which concerned. However, such specific approval applies is practicable, consistently with carrying (2) Only producers, including duly to the committee’s authority to conduct out the declared policy of the act, and authorized officers or employees of pro “scientific and other studies” rather the issuance of several orders applicable ducers, who are present shall participate than to the other routine activities to subdivisions of the production area in the nomination of producer members specified in such paragraph. No special would not effectively carry out the de and alternate members. Each producer approval should be or is required for the clared policy of the act; shall be entitled to cast only one vote for committee to engage in such activities. (4) There are no differences in the each nominee to be selected in the dis However, specific approval should be re production and marketing of olives trict in which he produces olives. No quired for the committee to „engage in grown in the production area which producer shall participate in the selec the special studies indicated. It is there make necessary different terms and pro tion of nominees in more than one dis fore concluded that the phrase should visions applicable to different parts of trict. If a producer produces olives in not be deleted. such area; and more than one district, he shall select Except as heretofore discussed con (5) All handling of olives grown in the district in which he will so partici forming changes are not required. the production area, as defined in said pate and notify the committee of his Rulings on proposed findings and con marketing agreement and order, as here choice. clusions. April 10, 1968, was fixed as the by proposed to be amended, is in the (b) Handler members. (1) At a meet latest date for filing proposed findings current of interstate or foreign com ing or meetings called by the committee, and conclusions, written arguments or merce or directly burdens, obstructs, or the cooperative handlers shall nominate briefs based upon the evidence received affects such commerce. a qualified person for each member posi at the hearing. Briefs were filed by the Recommended amendment of the tion and a qualified person for each following persons and firms all located marketing agreement and order. The alternate member position allocated to in California: Alfred A. Holve, Howard following amendment of the order is cooperative handlers as provided in L. Rogers, Willard Hamilton, Clyde recommended as the detailed and appro § 932.25. M on, all of Lindsay; George Hoag, priate means by which the foregoing con (2) At a meeting or meetings called Herman P. Johnston, Robert C. Jones, clusions may be carried out: by. the committee, the independent han all of Corning; Dan Lopopola, Fresno; 1. Revise § 932.8 to read as follows: dlers shall nominate a qualified person Willard Turek, Gerber; Ira O. Well, § 932.8 Natural condition olives. for each member position and a qualified Orinda; Frank J. Oberti, Madera; and person for each alternate member posi Maurice D. L. Fuller, Jr., of Pillsbury, “Natural condition olives” means tion allocated to independent handlers Madison, and Sutro, San Francisco, on olives in their fresh harvested state, as provided in § 932.25. of Tri-Valley Growers, and G. whether or not placed in a water or other Oberti and Sons. preserving medium. (3) Each handler shall be entitled to cast only one vote for each nominee for All of the briefs supported the pro 2. Amend § 932.25 by deleting the final posed amendment to authorize for years sentence and inserting in lieu thereof a cooperative handler member or alter after 1968-69 an annual review and sentence to read as follows: nate member or independent handler change, within prescribed limits, the member or alternate member, as the case minimum size requirements for natural § 932.25 Establishment and member may be, which vote shall be weighted by condition olives at the incoming level ship. the tonnages of olives handled by such and for olives used in halved, sliced, * * * Allocation of the handler mem handler during the crop year in which chopped, and minced styles, of canned bers shall be four members to represent nominations are made and in the previ ripe olives. Ten of the briefs, however, cooperative marketing organizations, opposed fixing such size requirements herein referred to as “cooperative han ous crop year. ior the 1968-69 crop year prior to the dlers,” and four members to represent 4. Amend § 932.35 by revising para j“ mual marketing policy meeting, re handlers who are not cooperative graph (k) to read as follows: quired to be held each year not later marketing organizations, herein referred § 932.35 Duties. than August 15. to as “independent handlers” : Provided, J S * Point included in the briefs was That whenever during the crop year in The committee shall have, among JjTr carefully considered, along which, nominations are made and in the others, the following duties: with the evidence in the record, in mak- preceding crop year, the cooperative han- ***** FEDERAL REGISTER, VOL. 33, NO. 105— WEDNESDAY, MAY 29, 1968 No. 105— Pt. I- 7830 PROPOSED RULE MAKING (k) With the approval of the Secre for use in the production of packaged ripe olives, an equal quantity of under tary, to redefine the districts into which olives which has not first been: size olives of any other variety, or by so the area has been divided in § 932.21 and (i) Weighed on scales sealed by the disposing of an equal quantity of olives to reapportion the membership in ac State of California Department of of that or any other ^variety of sizes cordance therewith: Provided, That any Weights and Measures, an official certi larger than undersize of a quality better such changes reflect insofar as practica fied weight certificate issued thereon, than culls, and (ii) meet any deficit in ble shifts in olive acreage within the dis and a copy of such certificate furnished his cull obligation in one variety by so tricts and area, the numbers of growers to the Federal or Federal-State Inspec disposing of an equal quantity of cull in the districts, the tonnage produced, tion Service and the committee; and olives of any other variety, or by so dis and is equitable as to producers; and (ii) Size-graded, either by sample or posing of an equal quantity of olives of a|t sfc ÿ ÿ ♦ by lot, under the supervision of any any variety of sizes larger than undersize 5. Amend the first sentence of para such inspection service and classified into of a quality better than culls. graph (a) of § 932.39 to read as follows: separate size designations and a certifi (4) Each handler shall hold at all cation issued with respect thereto by times a quantity of olives equal to the § 932.39 Assessments. such inspection service. Such size desig quantities required in subparagraph (2) (a) As his pro rata share of the exnations shall be in accordance with those of this paragraph, less any quantity pre penses which the Secretary finds are set forth in Table 1 of the U.S. Standards viously disposed of as specified in such reasonable and likely to be incurred by for Grades of Canned Ripe Olives (§§ 52.- subparagraph. the committee during a fiscal year,-each 3751-52.3766 of this title) or such sizes as * 4c * 4c 4: handler who first handles olives during may be recommended by the committee 8. Amend § 932.52 by revising para such year shall pay to the committee, and established by the Secretary: Pro graph (a) (1) and (3) to read as follows: upon demand, assessments on all olives vided, That, for the purpose of this part, to be used in the production of pack the size designations in said Table 1 § 932.52 Outgoing regulations. aged olives, including olives to be used shall be deemed to include the following (a) Minimum standards for packaged in canned ripe olives of the “treé ripened” two additional size designations: olives. * * * type or green olives when such are regu (1) Canned ripe olives, other than lated as packaged olives pursuant to Approximate Average count those of the “tree-ripened” type, shall Designations(s) count (per (per pound) § 932.52. * * * pound) grade at least U.S. Grade C, as such 4c * * * 4c grade is defined in the then current U.S. Standards for Canned Ripe Olives 6. Revise § 932.45 to read as follows: 181 and up. Petite_____ '____ 160 141 to 180, inclusive. (§§ 52.3751-52.3766 of this title) or as § 932.45 Marketing research and devel modified by the committee, with the opment. Such certification shall show, in addi approval of the Secretary, for purposes (a) The committee may, with the ap tion to the quantities by weight of the of tips part. proval of the Secretary, establish or pro olives in the lot that are classified as 4: * * * * vide for the establishment of marketing being in each size or size designation, (3) Processed olives to be used in the research and development projects de the quantity of olives classified as culls production of canned pitted ripe olives, signed to assist, improve, or promote the by the handler: Provided, That when the other than those of the “tree-ripened” marketing, distribution, and consump Secretary, upon the recommendation of type, shall meet the same size require tion of California olives. Such projects the committee, issues a definition of and ments as specified in subparagraph (2) may provide for any form of marketing classification for “culls,” the aforesaid of this paragraph: Provided, That olives promotion, including paid advertising. quantity of culls shall be determined on smaller than those so specified, as rec The expenses of such projects shall be the basis of such definition and in ac ommended annually by the committee paid from funds collected pursuant to cordance with -such classification. and established by the Secretary, may be § 932.39. (2) Each handler shall, under the used in the production of halved, sliced, (b) In recommending projects pur supervision of any such inspection serv chopped, or minced styles of canned ripe suant to this section, the committee shall ice, dispose of as other than canned ripe olives, as defined in said U.S. Standards, give consideration to the following olives an aggregate quantity of olives, but any such olives shall be not smaller factors: comparable in size and characteristics than the following applicable minimum (l) The expected supply of olives in and equal to the quantities shown on the size: relation to market requirements; certification for each lot to be: (i) Variety Group 1 olives, except the (2) The supply situation among com (i) Variety Group 1 olives, except the Ascolano, Barouni, and St. Agostino peting areas and commodities; and Ascolano, Barouni, and St. Agostind varieties, of a size which individually (3) The need for marketing research varieties, of a size which individually weigh l/105thpound; with respect to any marketing develop weigh less than l/105th pound; (ii) Variety Group 1 olives of the (ii) Variety Group 1 olives of the ment activity and the need for a co Ascolano, Barouni, or St. Agostino varie ordinated effort with USDA’s Plentiful Ascolano, Barouni, and St. Agostino varities of a size which individually ties, of a size which individualy weigh Foods Program. 1 /180th pound; (c) If the committee should conclude weigh less than l/180th pound; that a program of marketing research (iii) Variety Group 2 olives, except (iii) Variety Group 2 olives, except the or development should be undertaken or the Obliza variety, of a size which in Obliza variety, of a size which individ continued pursuant to this section in any dividually weigh less than l/225th ually weigh 1/225th pound; crop year, it shall submit the following pound; (iv) Variety Group 2 olives of the for the approval of the Secretary: (iv) Variety Group 2 olives of the Obliza variety of a size which individ (1) Its recommendations as to funds Obliza variety of a size which individu ually weigh l/180th pound. to be obtained pursuant to § 932.39; ally weigh less than l/180th pound; 4c 4e * * * (2) Its recommendations as to any (v) Such other sizes for the foregoing 9. Revise § 932.54 to read as follows: marketing research projects; and variety groups as are not authorized for (3) Its recommendations as to promo use in the production of halved, sliced, § 932.54 Interhandler transfers. tion activity and paid advertising. chopped, or minced styles of canned ripe Transfers within the area of olives 7. Revise paragraph (a) of § 932.51 olives pursuant to § 932.52; and from one handler to another for further to read as follows: (vi) Olives classified as culls. handling -within the area are permitted. (3) Notwithstanding the provisions of Whenever such a transfer of olives is § 932.51 Incoming regulations. subparagraph (2) of this section, a han made, the transferring handler shall (a) Minimum standards for naturaldler may (i) meet any deficit in his comply -with all applicable regulations condition olives. (1) Except as otherwise undersize obligation in one variety by up to the time of such transfer, and the provided in this section, no handler shall disposing of under supervision of. the receiving handler shall comply with all process any lot of natural condition olives inspection service, as other than canned applicable regulations subsequent to FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 PROPOSED RULE MAKING 7831 such transfer: Provided, That the dis the office of the Hearing Clerk during and a New England grain-labor index. position obligations referable to trans regular business hours (7 CFR 1.27(b)). Under the terms of the order the eco nomic index price (the economic index ferred natural condition olives pursuant P r e lim in a r y S tatem ent to § 932.51(a) (2) may be transferred times the base price) cannot vary by along with the olives, in which event the The hearing on the record of which more than a specified amount from the ' receiving handler shall comply with the the proposed amendments, as herein New York-New Jersey economic index disposition obligations. after set forth, to the tentative market price. 10. Amend § 932.55 by revising para ing agreements and to the orders as In the New York-New Jersey Class I graph (b) to read as follows: amended,- were formulated, was con pricing formula the economic index con ducted at New York, N.Y., on Decem sists only of the U.S. wholesale commod § 932.55 Exemption. ber 5-13, 1967, pursuant to notice there ity price index. Although the formula ***** of which was issued October 20, 1967 (32 does not include indexes reflecting cost (b) Upon the basis of the recommenF.R. 14771). of production (feed-labor) or consumer dation submitted by the committee or Specifically, the material issues on the purchasing power (consumer income) it from other available information, the record of the hearing relate to (1) a is provided that a hearing shall be called, Secretary may relieve from any or all more appropriate alignment of Class I or an announcement be made as to why requirements under this part the han prices between the New York-New Jer a hearing should not be called, if certain dling of olives in such minimum quanti sey and New England markets, and (2) a relationships between the wholesale price ties, in such types of shipments, or for return to effective formula pricing under index or the Class I price and cost of such specified purposes (including ship (a) a common formula, or (b) independ production factors or manufacturing ments to facilitate the conduct of ently operating, but similar pricing for milk values are not maintained. marketing research and development mulas. Because the New England formula con projects established pursuant to § 932.45) F in ding s and C o nclu sio n s tains additional economic movers of a as the committee with the approval of more volatile nature than the U.S. whole the Secretary may prescribe. The following findings and conclusions sale price index, it has been necessary ***** on the material issues are based on evi from time to time to revise the formula. dence presented at the hearing and the Such revisions were primarily for the § 932.56 [Amended] record thereof: purpose of adjusting the basic price to 11. Delete § 932.56, and the word No attempt should be made on this relieve pressure on the supply-demand "solely” from § 932.16. record to reactivate Class I formula pric adjustment mechanism as supplies ing in the New York-New Jersey and Dated: May 24, 1968. increased in response to the Class I price New England markets. However, the New level. The New York-New Jersey formula, J o h n C. B l u m , York-New Jersey Class I price should on the other hand, has been more stable Deputy Administrator, be increased by 10 cents to provide more* and has remained relatively unchanged Regulatory Programs. appropriate alignment with the Mas except for necessary adjustments to [FH. Doc. 68-6381; Filed, May 28, 1968; sachusetts-Rhode Island-New Hamp accommodate the area extension in 1957. 8:49 a.m.] shire and Connecticut Class I prices. This In late 1965 and early 1966, milk pro can best be accomplished under existing duction throughout the country began to circumstances by a specified Class I price decline sharply and a series of emer 17 CFR Parts 1001, 1002, 1015 ] of $6.49 in Order No. 2 through April gency price Actions were taken in an [Docket Nos. AO-14-A42, AO-71-A54, 1969. No change need be made in the effort to stem the production decline. Be AO-305—A19] presently specified prices of $6.67 in Or cause the situation was of such, a general der No. 1 and $7.07 in Order No. 15. MILK IN MASSACHUSETTS-RHODE nature these emergency actions were The northeastern Federal milk orders handled on a national basis. These ac ISLAND-NEW HAMPSHIRE, NEW have used “economic formulas” as a tions placed floors in the formulas which YORK-NEW JERSEY, AND CON mechanism for determining Class I milk raised the prices above the then current NECTICUT MARKETING AREAS prices for almost two decades. These levels with the result that Class I milk “economic formulas” are so termed be prices in most Federal orders are for all Notice of Recommended Decision and cause their primary movers are selected practical purposes specified prices. The Opportunity To File Written Excep economic factors reflecting the state of most recent action which resulted from a tions on Proposed Amendments to the economy for the country generally national hearing held in Memphis, Tenn., and, in the case of the New England or Tentative Marketing Agreement ders, the state of the economy in the lo on February 23, 1968, was set forth in and to Order the decision of April 15, 1968 (33 F.R. cal milkshed. By contrast, the prime price 6016), official notice of which is taken. Pursuant to the provisions of the Ag determinant in other Federal orders is This action further increased price levels ricultural Marketing Agreement Act of the value of manufacturing milk as re flected by competitive pay prices for by 28 cents through April 1969. 1937, as amended (7 U.S.C. 601 et seq.), The mechanics necessarily employed to and the applicable rules of practice and manufacturing grade milk. Both the New England and New York- insure price action in the northeastern procedure governing the formulation of markets, using economic formula pric marketing agreements and marketing New Jersey Class I formulas employ the same basic technique in determining the ing, comparable with the action in mar orders (7 CFR Part 900), notice is hereby kets where prices are based on manu given of the filing with the Hearing Clerk Class I price. That is, the economic in dex is multiplied by a base price to deter facturing milk values have rendered the of this recommended decision with re formulas completely inoperative. This spect to proposed amendments to the mine the current economic index price. This price is then adjusted by a supply- procedure would undoubtedly have been tentative marketing agreements and or necessary under any circumstances since ders regulating the handling of milk in demand factor to obtain a final Class I price. Prior to December 1967 the New the market situation has been compli Massachusetts-Rhode Island-New cated by recent basic changes in the Hampshire, New York-New Jersey, and England formulas had one additional re finement whereby, through a system of Northeast markets and particularly in Connecticut marketing areas. Interested the New York-New Jersey market. These parties may file written exceptions to this bracketing, Class I price movements oc curred in 22-cent increments. This pro changes have dissipated the current use decision with the Hearing Clerk, U.S. fulness of the current supply-demand Department of Agriculture, Washington, cedure eliminated minor price fluctua tions and facilitated the adjustment of adjustment mechanism in the pricing D.C. 20250, by the 10th day after publica formula. tion of this decision in the F ederal resale prices by handlers in multiples of one-half cent per quart.. The changes include the shift from Register. The exceptions should be filed The New England economic index is individual-handler to marketwide pool m quadruplicate. All written submissions derived from a specified weighting of the ing in Delaware Valley effective June 1, made pursuant to this notice will be UB. wholesale commodity price index, a 1967, and the accompanying and con made available for public inspection at New England consumer income index tinuing shifts of producers, plants and FEDERAL REGISTER, VOL. 33, NO, 105—WEDNESDAY, MAY 29, 1968 7832 PROPOSED RULE MAKING sales between New York-New Jersey and that the immediate implementation of posed the adoption of a common pric Delaware Valley, permissive standard a common Class I pricing formula for the ing formula geared initially to produce ization in New York State effective New York-New Jersey and New England the existing specified prices in New Eng November 1,1966, and the accompanying markets, patterned after the New land markets which the Department had order changes necessary to adopt skim England formula, was necessary to re previously concluded to be necessary. milk and butterfat accounting and revise store the industry’s confidence in the They contended that an immediate re the classification scheme, the substantial pricing system. turn to formula pricing was necessary to producer shifts between markets as a Certain proprietary handlers in both maintain continuing producer and con result of the suspension of the nearby the New York-New Jersey and New Eng sumer confidence in the Federal order differential payment provisions of the land markets took the position that the program. northeastern orders, and finally, the present alignment of Glass I prices was, It is recognized that economic formula extension of regulation into southern in fact, appropriate. New York-New Jer pricing in the Northeast, and particularly New Hampshire effective December 1, sey handlers, in addition, supported the in New England, has had the continuing 1967. discontinuation of economic formula support of producers and handlers: How As a result of the continuing decline pricing in favor of pricing based on spec ever, because of the dramatic drop in in milk production and the market ified. differentials over manufacturing milk production throughout the nation changes indicated above, the spread milk values. One substantial cooperative during the past several years, the De between the New England Class I price association with principal membership partment concluded that the situation and the New York-New Jersey Class I in the New York-New Jersey market, could most appropriately be ameliorated price widened from an average of 21 supported similar, but separate economic only through a specified Class I price cents in 1965 to an average of 30 cents formulas for New York-New Jersey and guarantee. Obviously, no predetermined in 1966. On a monthly basis the differ New England geared to provide identical price level could insure correction of ences ranged from a low of 9 cents in pricing initially but with freedom to ad the situation and at the same time ade 1965 to as much as 46 cents in 1967. As just independently in response to chang quately protect the interests of consum the differences between the prices in ing conditions in the respective markets. ers and the public generally. Accordingly, creased, increasing volumes of New York- Formula pricing. The activation of it was concluded that the public interest New Jersey milk moved into the Massa- formula pricing in these three markets would best be served by general price chusetts-Rhode Island market for Class is neither feasible nor necessary at this adjustments to specified levels for lim I use. Official notice is taken of the time. As indicated above, Class I prices ited periods. In this way periodic re monthly statistical reports of the Massa- in all Federal order markets have for examination of the situation is assured chusetts-Rhode Island-New Hampshire all practical purposes been specified to permit appraisal of the results of the market administrator for the months of prices for an extended period of time. On current price levels and to make meas November 1967 through March 1968. the basis of a hearing held in Memphis, ured judgments with respect to future While in 1965, only 139,000 pounds of Tenn., on February 23, 1968, Class I price levels. New York-New Jersey milk moved in bulk prices generally were raised 28 cents Clearly, a return to formula pricing to Massachusetts-Rhode Island under a through April 1969. In the decision of at this time could not serve the interests Class I assignment, the amount so moved April 15, 1968, It was found that “•* * *. of either producers or consumers to the exceeded 22 million pounds in 1966 and Nationally, milk production has been de degree that the present fixed prices af 23 million pounds in 1967. For the first 3 clining during the last several years ford. It was concluded in the April 15, months of 1968 the movements continued * * * Although the decline of one-half 1968, decision that the present specified at a somewhat reduced rate but were percent from 1966 to 1967 was the lowest prices were necessary to curb the down almost 2 million pounds. percentage decline during the period, ward production trend. Effective June 1,1967, as a result of the milk production for- February 1968, on Even though a formula could be geared emergency price actions, the difference a daily basis was 3 percent less than for to insure the precise level of the presently between the New England and New February 1967.” specified prices in the first month of York-New Jersey Class I prices was Long-term adequacy of milk suppliés operation, the prices in subsequent narrowed to 27 cents and through subse in relation to total milk and dairy prod months likely would be either higher or quent actions a difference of 28 cents has uct consumption will be affected by the lower as a result of movements in the been fixed through April 1969. rate of population growth and the rate formula factors. It is apparent that such New England producer interests con of per capita consumption. In recent price movements could cause undesir tend that their markets are presently years population has been increasing able responses in either production or adequately supplied with milk but that while milk production has declined. A consumption. If the price moves too under these present interorder Class I continued decrease in production in the high, consumption may be unduly de price relationships, milk moves in from face of increasing population would lead pressed. On the other hand, if the price New York-New Jersey simply because it to a substantial reduction in the amount moves downward, a decline in production represents a cheaper source of milk of milk available to consumers on a per could result in an insufficient supply of supply for New England handlers. Under capita basis. Recently, per capita con milk for fluid use. the present circumstances of fixed Class sumption of milk has declined at a rate It is impossible at this time to de I prices the result of such movements is somewhat greater than population has termine with any reasonable assurance reflected in the blended prices; i.e., a increased. It is not possible at this time what price level may be required after decline of the New England blended to forecast with any assurance whethêr April 1969 or what price level any for prices and enhancement of the New the resultant recent downward trend in mula adopted would yield at that time. York-New Jersey blended price. How total consumption will continue. Obvi However, it is obvious that milk prices ever, regardless of the changing blended ously, the situation must be reexamined "in the Northeast must be maintained in price relationship, the incentive for New from time to time to appraise the results appropriate alignment with prices in England handlers to purchase New under existing price levels. For this rea other Federal order markets. York-New Jersey milk for Class I use is son the emergency price increase pro Modem technology makes it possible unaffected. posed herein should be limited to the pe for milk to move long distances in over- The New York-New England Dairy riod through April 1969. the-road tankers, farm-pickup tankers Cooperative Coordinating Committee At the December 5-13, 1967, hearing or already packaged in refrigerated contended that closer Class I price align there was no general support for a trucks. Therefore, milk can readily move ment was essential to prevent these un change in the Glass I price level for the between markets in response to pnce necessary milk movements and insure New England markets. The fundamental differences. continuing market stability. They argued problem under consideration was a more While the Northeast has been some that such alignment under present cir appropriate alignment of Class I prices what insulated from other order mar cumstances appropriately could be between the New York-New Jersey and kets by geographic location and by inter accomplished only through an increase in the New England markets. As a corollary vening areas of State regulation, the sit the New York-New Jersey Class I price action and to insure continuing inter uation has been substantially altered oy level. In addition, the Committee argued order price alignment, proponents pro the adoption of Federal regulation m FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 PROPOSED RULE MAKING 7833 western Pennsylvania under the Eastern greater than the average difference of makes the first of these alternatives the Ohio-Western Pennsylvania order effec 21 cents experienced in 1965. only practical remedy at this time. tive July 1, 1968. The eastern boundary Essentially, no New York-New Jersey The fundamental problem in provid of the milkshed for that market is at pool milk moved to New England for ing proper price alignment in this situa least coextensive with the western Class I use in 1965 when the price dif tion is to determine the amount of ad boundary of the New York-New Jersey ferences averaged 21 cents. However, in justment necessary to remove the exist milkshed and indeed producers in that 1966 and 1967 when the price differences ing cost advantage in the procurement area can undoubtedly become associated averaged 30 and 31 cents, respectively, of New York-New Jersey pool milk. with either market. In addition, there about 2 million pounds per month of New While the New York-New England Dairy are apparent close intermarket relation- York-New Jersey milk so moved. New Cooperative Coordinating Committee snips between the Eastern Ohio-Western England producer interests contend that supported a 10-cent price differential, Pennsylvania market and the Washing the present differential of 28 cents is they readily conceded that it was not ton, D.C., and Delaware Valley markets excessive and provides New England possible to make a precise determination as well as between the New York-New handlers a substantial cost advantage in of an appropriate differential. They did, Jersey market and the Delaware Valley, purchasing New York-New Jersey pool however, argue that a 10-cent differential Upper Chesapeake Bay and Washington, milk rather than New England order milk should be adopted at this time and that D.C., markets. This growing interrela for Class I use. Handlers generally op the matter should be reappraised at a tionship between markets in the North posed this position contending that public hearing after the end of 1 year. east and markets to the West diminishes customary handling charges in the New Because of the overlapping milksheds the feasibility of indepéndent pricing for York-New Jersey market dissipate any and intermarket relationships between the northeastern markets. cost advantage to New England han northeastern markets it is difficult to Under established specified prices the dlers in the purchase of New York-New establish the precise differential which interorder price relationships have been Jersey milk. should be maintained between the New fixed. At this time, continuing alignment Handling charges may offset part of York-New Jersey and New England mar of prices could be assured only by the the apparent cost advantage that New kets. However, under usual circumstances adoption of a pricing formula similar to England handlers have when purchasing the difference in the basic Class I prices that employed in markets outside the New York-New Jersey milk for Class I among Federal order markets reflects Northeast or by tightly tying any eco use, however, it is clear that the be the difference in transportation costs nomic formula price to a specified rela ginning of such purchases in 1966 was from midwestern alternative supply tionship with manufacturing milk not triggered by supply shortages in areas. values. New England. During 1966 and 1967, the Both the New York-New Jersey and Producers and certain handler inter average Class I utilization of producer Massachusetts-Rhode Island-New ests strongly supported the adoption of a milk under the Massachusetts-Rhode Is Hampshire orders employ a 1.2 cent per common economic formula without a land order was only 61 percent. There is 10 miles variable transportation cost in Specific “tie” to manufacturing milk no apparent reason other than price why fixing location differentials. Because of values. It must be conceded that while New York-New Jersey pool milk should geography, milk moving from the Mid the use of economic formulas in the have found a market in New England for west to New York and to Boston would Northeast has been a matter of consid Class I use. travel a somewhat different route. The erable controversy in markets outside the Under normal circumstances if the re distance from Eau Claire, Wis., for ex Northeast, the prices resulting from such spective formulas in New York-New ample, to the New York-New Jersey formulas, have, on the' average, borne 201-210-mile zone via the normal route an acceptable relationship to prices in Jersey and New England were fully op erative the problem or intermarket to New York City is 925 miles while the other markets. In addition, the formulas transfers in response to price differences distance to the 201-210-mile zone via the have been generally acceptable to con normal route to Boston is 1,076 miles, a sumers and to this end have contributed would be self-correcting. As New York- New Jersey milk moved to New England, difference of 151 miles. Using a factor of to continuing market stability. 1.2 cents per 10-mile zone the appropriate It is concluded that the matter of an displacing local producer receipts in Class I, the Class I utilization percentage difference in Class I price would be 18 appropriate common pricing formula for cents. northeastern markets should not be of New England milk would decline and made on the basis of this record. Con the supply-demand adjustment mech An 18-cent differential closely approxi trary to proponents’ position, the present anism would operate to decrease the mates the average difference in the two basis of fixed pricing is the best way of Class I price level. Conversely, the same prices (19 cents), during the 5-year implementing market stability in this milk movements would cause the New period 1961-65, during which virtually period of great uncertainty with respect York-New Jersey Class I utilization per no milk moved between the orders. It is to future production and consumption centage to increase which would then concluded therefore that an 18-cent trends. Appropriately, the matter of a cause the New York-New Jersey Class I differential in the basic Class I prices is pricing formula should be reconsidered price to increase. When the respective appropriate under current circum at a future hearing after marketing con Class I prices moved into appropriate stances. To accomplish this end the price ditions have stabilized sufficiently to per alignment, the incentive for New Eng under the New York-New Jersey order mit a longer range decision than is now land handlers to purchase New York- should be raised by 10 cents to $6.49 for possible. New Jersey pool milk for Class I use the period through April 1969. Price alignment. Notwithstanding the would be removed and intermarket movements would occur only in response R u lin g s on P roposed F indings and conclusions hereinbefore set forth, some C onclu sio n s adjustment in the Class I price relation to need. ship between New York-New Jersey and Because interorder price disparities Briefs and proposed findings and con New England is necessary to eliminate cannot be self-correcting under the clusions were filed on behalf of certain the cost advantage to New England han existing circumstances of specified order interested parties. These briefs, proposed dlers in the purchase of New York-New prices, it is essential that the specified findings and conclusions and the evi Jersey pool milk for Class I use. prices be appropriately aligned. Without dence in the record were considered in On the basis of the May 1, 1968, emer such alignment the resulting price dis making the findings^ and conclusions set gency Class I price action, taken in Fed parities could cause an uneconomic dis forth above. To the extent that the sug eral orders generally, the 201-210 mile tribution of supply sources for the re gested findings and conclusions filed by zone Class I prices under the New Eng- spective markets. interested parties are inconsistent with and orders and the New York-New Price alignment presumably could be the findings and conclusions set forth Jersey order were fixed at $6.67 and $6.39, achieved by any of the following means: respectively, through April 1969. This Raising the New York-New Jersey price, herein, the requests to make such find zu-cent difference in prices is somewhat lowering the New England price, or a ings or reach such conclusions are denied less than the average difference of 30 combination of the two. The continuing for the reasons previously stated in this cents experienced in 1966 but is 7 cents decline in milk production in the region decision. FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7834 PROPOSED RULE MAKING G eneral F indings § 20.1(g) (2) (i), (ii), (iii), and (5)(i) The findings and determinations here DEPARTMENT OF HEALTH, EDUCA shall apply. inafter set forth are supplementary and § 20.------Nonfruit water ices; iden in addition to the findings and deter TION, AND WELFARE tity; label statement o f optional in minations previously made in connection Food and Drug Administration gredients. with the issuance of the New York-New [ 21 CFR Part 20 ] Nonfruit water ices are the foods each Jersey order and of the previously issued of which conforms to the standard of amendments thereto; and all of said pre NONFRUIT SHERBETS AND identity and is subject to the require vious findings and determinations are NONFRUIT WATER ICES ments for label statement of optional hereby ratified and affirmed, except inso ingredients prescribed for water ices by far as such findings and determinations Proposal To Establish Identity § 20.5, except that: may be in conflict with the findings and Standards determinations set forth herein. (a) (1) The provision of § 20.5(a) that (a) The tentative marketing agree Notice is given that the International the titratable acidity of the finished ment and the order, as hereby proposed Association of Ice Cream Manufacturers, water ice calculated as lactic acid is not to be amended, and all of the terms and Washington, D.C., has submitted a peti less than 0.35 percent does not apply. conditions thereof, will tend to effectuate tion proposing the establishment of defi (2) The optional fruit-characterizing the declared policy of the Act; nitions and standards of identity for ingredients specified by § 20.5(b) are not (b) The parity prices of milk as deter nonfruit sherbets and nonfruit water used and instead the food is character mined pursuant to section 2 of the Act ices. ized by one or more of the following are not reasonable in view of the price Grounds given in the petition in sup ingredients: of feeds, available supplies of feeds, and port of the proposed standards are that (i) Ground spice or infusion of coffee other economic conditions which affect characterizing ingredients other than or tea. market supply and demand for milk in fruit and fruit juices impart desirable (ii) Any natural food flavoring (except the marketing area, and the minimum flavors to sherbets and water ices; that any having a characteristic fruit or prices specified in the proposed market the consumer desires sherbets and water fruit-like flavor). ing agreement and the order, as hereby ices flavored with such other character (iii) Chocolate or cocoa, including proposed to be amended, are such prices izing ingredients; and that no consumer syrup. as will reflect the aforesaid factors, in confusion with other frozen desserts sure a sufficient quantity of pure and would be occasioned by such products. (iv) Any artificial food flavoring (ex wholesome milk, and be in the public Accordingly, it is proposed that two cept any having a characteristic fruit or fruit-like flavor). interest; and new sections be added to Part 20 as (c) The tentative marketing agree follows: (v) Confectionery. (vi) Distilled alcoholic beverage, in ment and the order, as hereby proposed § 20.______Nonfruit sherbets; identity; to be amended, will regulate the handling label statements o f optional ingredi cluding liqueurs or wine, in an amount of milk in the same manner as, and will ents. not to exceed that required for flavoring be applicable only to persons in the the water ice. respective classes of industrial and com Nonfruit sherbets are the foods each (b) The name of each such nonfruit mercial activity specified in, a marketing of which conforms to the standard of water ice is “ ______ice,” the blank agreement upon which a hearing has identity and is subject to the require being filled in with the common name been held. ments for label statement of optional of the characterizing ingredient used; for ingredients prescribed for fruit sherbets example, “peppermint ice.” When the R ecommended M arketing A greement and by § 20.4, except that: O rder A m en din g th e O rder names of two or more characterizing (a) (1) The provision of § 20.4(a) ingredients are included, such names The following order amending the that the titratable acidity of the finished shall be arranged in order of predomi order as amended, regulating the han sherbet calculated as lactic acid is not nance, if any, by weight of the respective dling of milk in the New York-New Jer less than 0.35 percent does not apply. characterizing ingredients used. sey marketing area is recommended as (2) The optional fruit-characterizing the detailed and appropriate means by ingredients specified by § 20.4(b) are not (c) If the characterizing ingredient which the foregoing conclusions may be used and instead the food is character used is vanilla, then the provisions of carried out. The recommended marketing ized by one or more of the following § 20.1(g) (2) (i), (ii), (iii); and (5)(i) agreement is not included in this decision ingredients: shall apply. because the regulatory provisions there (i) Ground spice or infusion of coffee In addition to the labeling provisions of would be the same as those contained or tea. proposed by the petitioner, the Commis in the order, as hereby proposed to be (ii) Any natural food flavoring (ex sioner of Food and Drugs proposes on his amended: cept any having a characteristic fruit or own initiative that if the proposal is adopted the provisions of § 20.1(g) (2) PART 1002— MILK IN NEW YORK- fruit-like flavor). (iii) Chocolate or cocoa, including (i), (ii), (iii), (3) (iv), (4), (5) (i), and NEW JERSEY MARKETING AREA sirup. (6), as they are applicable to nonfruit In § 1002.50, the text of paragraph (a) (iv) Any artificial food flavoring (ex sherbets and nonfruit water ices, shall preceding subparagraph (1) is reyised to cept any having a characteristic fruit or apply regardless of the characterizing read as follows: fruit-like flavor). ingredients or flavors used. § 1002.50 Class prices. (v) Confectionery. Pursuant to the provisions of the Fed * * * * * (vi) Distilled alcoholic beverage, in eral Food, Drug, and Cosmetic Act (secs. cluding liqueurs or vine, in an amount 401, 701, 52 Stat. 1046, 1055, as amended (a) For Class I-A milk the price dur not to exceed that required for flavoring 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, ing each month shall be a price com the sherbet. 371) and in accordance with the author puted pursuant to subparagraphs (1) (b) The name of each such nonfruit ity delegated to the Commissioner of through CIO) of this paragraph, except sherbet is “ ______sherbet,” the Food and Drugs (21 CFR 2.120), all inter that from the effective date hereof the blank being filled in with the common ested persons are invited to submit their Class I-A price each month shall be $6.49 name of the characterizing ingredient views in writing, preferably in quintupli- through April 1969. used; for example, “peppermint sherbet.” cate, regarding this proposal within 60 * * # * 4« When the names of two or more charac days following the date of publication of Signed at Washington, D.C., (Hi May 24, terizing ingredients are included, such this notice in the F ederal R egister. Such 1968. names shall be arranged in order of views and comments should be addressed Jo h n C . B l u m , predominance, if any, by weight of the to the Hearing Clerk, Department of Deputy Administrator, respective characterizing ingredients Regulatory Programs. used. Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., [F.R. Doc. 68-6387; Filed, May 28, 1968; (c) If the characterizing ingredient 8:50 ajn.] used is vanilla, then the provisions of Washington, D.C. 20201, and may be FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, T968 PROPOSED RULE MAKING 7835 accompanied by a memorandum or brief its antenna on-the Empire State Build in support thereof. FEDERAL COMMUNICATIONS ing. Location on the Empire State, how Dated: May 21,1968. ever, would require a waiver of the COMMISSION mileage separation rules because of a R . E. D uggan, short spacing with Patchogue, N.Y. Acting Associate Commissioner [ 47 CFR Part 73 ] Atlantic Video has filed a comment in the for Compliance. [Docket No. 16784; FCC 68-567] instant proceeding requesting that action [F.R. Doc. 68-6373; Piled, May 28, 1968; TELEVISION BROADCAST STATIONS be withheld pending final determination 8:48 a.m.] on applications for Channel 68, Newark. Table of Assignments, New Bruns- Atlantic Video’s position is that if the wick-Newark, N.J.; Report and Commission should eventually decide Order Terminating Proceeding that Channel 68 could not be utilized ATOMIC ENERGY COMMISSION from a site on the Empire State Build In the matter of amendment of ing, then the authorization of another [ 10 CFR Part 140 1 § 73.606 Table of assignments, Televi competitive UHF station on the Empire FINANCIAL PROTECTION REQUIRE sion Broadcast Stations (New Bruns- State Building in the same' community wick-Newark, N.J.), Docket No. 16784, would seriously prejudice the competitive MENTS AND INDEMNITY AGREE RM-834. position of the Channel 68 station and MENTS 1. The Commission has before it fordrastically reduce its chances to survive Criteria for Determination of an Ex consideration the proposal to reassign as a vigorous local outlet for the Newark area. traordinary Nuclear Occurrence Channel 47 from New Brunswick to New ark, N.J., as follows: Conclusion. 5. Recently Atlantic Video Correction , found it necessary to amend its- applica In P.R. Doc. 68-5515 appearing at Channel No. tion to specify a transmitter site in City New Jersey instead of the Empire State page 6978 of the issue for Thursday, Present Proposed May 9, 1968, § 140.85 should appear as Building. Thus, the concern expressed over its competitive position in relation set forth below: New Brunswick, ____ -...... *19,47 *19 Newark, N.J______A 4 - - - 13-,68 13-,47,68 to another Newark UHF station on the § 140.85 Criterion II— Substantial dam- Empire State Building is very much alive. • ages to persons offsite or property On the basis of the original representa offsite. 2. The petitioner in this proceeding is tions of Jersey, its primary objectives New Jersey Television Broadcasting (a) After the Commission has deter were to serve the general Northern New Corp. (Jersey), licensee of WNJU-TV, Jersey area. It is true that Newark is mined that an event has satisfied Crite operating on Channel 47. Although the rion I, the Commission will determine the largest city in this area, yet the that the event has resulted or will prob channel is assigned to New Brunswick situation in this case is somewhat differ ably result in substantial damages to the station is licensed to serve Linden, ent than in the usual metropolitan area persons offsite or property offsite if any N.J., under the 15-mile rule. In its orig with its inner city and suburbs radiating of the following findings are made: inal application for the channel the ap outward in decreasing population den plicant stated frankly that Linden was sity. Here is a large area of concentrated (1) The Commission finds that such selected only because it was the best loca event has resulted in the death or industrial and residential population ex tion then available to serve the Northern tending over hundreds of square miles. hospitalization, within 30 days of the New Jersey area. There was no unas event, of ten or more people located off The ties of many of these population signed channel in Newark at that time. complexes to the city of Newark are very site showing objective clinical evidence Jersey stated further that service would of physical injury from exposure to the loose or nonexistent. Therefore, we do not be specially oriented to the residents not sense the urgency of a television radioactive, toxic, explosive, or other of Linden, however, they would benefit hazardous properties of source, special station serving the general area of to the extent that all New Jersey resi Northern New Jersey to be closely identi nuclear, or byproduct material; or dents within the coverage area would (2) The Commission finds that $2,- fied with Newark. Rather, we believe our benefit from the service. After the license original attempt at dispersing assign 500,000 or more of damage offsite has was granted, authority was given to been or will probably be sustained by ments throughout the area has some identify the station with Newark as well merit. We also feel that since the trans any one person, or $5 million or more of as Linden. The main studios are also in such damage in the aggregate has been mitter of Jersey is located on the Empire Newark. The transmitter which is located State Building, switching the channel or will probably be sustained, as the on the Empire State Building provides result of such event; or assignment from New Brunswick to Newark as well as a large surrounding Newark would tend to make the station (3) The Commission finds that $5,000 area with a principal city grade signal. more of a New York metropolitan area °r...rnore °f damage offsite has been or 3. Jersey states that the instant peti station rather than a Northern New will probably be sustained by each of 50 tion is merely a request for recognition Jersey station. Furthermore, the State of or more persons, provided that $1 million of the current status of Station WNJU- New Jersey is in a unique geographical or more of such damage in the aggregate TV. The requested change, it is pointed position sandwiched as it is between the as been or will probably be sustained, out, would result in no change in service, two larger and more lucrative markets as the result of such event. in studios, or transmitter location. The of New York and Philadelphia. Yet the As used in subparagraphs (2) and only result of the change would be to need for local television outlets to ex w of paragraph (a) of this section, permit the station to cease its technical press New Jersey’s individual social and amage” shall be based upon estimates identification with Linden to wit, every economic identity is very real. The recent of one or more of the following: hour on the hour. assignment of a first UHF channel to (1) Total cost necessary to put af 4. The fifth report and order in Docket Newark for serving local needs was a step 14229, adopted February 9, 1966 (FCC fected property back into use, in this direction. We believe that allowing 66-137), assigned Channel 68 to Newark. Channel 47 to be more closely identified (2) Loss of use of affected property, As a result two competing applications as a New York metropolitan area station (3) Value of affected property where have been filed for this channel. One of would be a step backwards. no Practical to restore to use, the applicants, Atlantic Video Corp., is 6. In the light of the foregoing and (4) Financial loss resulting from pro- also a permittee on Channel 58 at Asbury pursuant to the authority contained in ctive actions appropriate to reduce or Park (WRTV). It has requested modifi sections 4(i), and 303(d) of the Com cation of its existing construction permit munications Act of 1934, as amended; It void exposure to radiation or to radio to specify Channel 68, Newark in lieu of active materials. is ordered, That the petition of New Channel 58, Asbury Park, and to locate Jersey Television Broadcasting Corp. to FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7836 PROPOSED RULE MAKING reassign Channel 47 from New Brunswick to Newark, N.J., is denied. 7. It is further ordered, That this proceeding is terminated. Adopted: May 22,1968. Released: May 24, 1968. F ederal C ommunications C o m m is s io n ,1 [seal] B en F. W aple, Secretary. [F.R. Doc. 68-6365; Filed, May 28, 1968; 8:48 a.m.] INTERSTATE COMMERCE COMMISSION [4 9 CFR Part 1048 I [Ex Parte No. MO-37 (Sub-No. 14) ] COMMERCIAL ZONES Atlanta, Ga. D e f in it io n of the A tlanta, G a ., C o m mercial Z one / M a y 22, 1968. - At the request of interested persons, the time for filing written statements of data, views, and argument in favor of, or against, the aboxe-proposed revision of the limits of the Atlanta, Ga., com mercial zone is extended to June 27,1968. The presently assigned date is May 27, 1968. An original and seven copies of such statements should be filed with the Com mission at its office at Washington, D.C. By the Commission. [ seal] H . N e il G arson, Secretary. [F.R. Doc. 68-6363; Filed, May 28, 1968; 8:47 a.m.] if* 1 Commissioner Wadsworth absent; Com missioner Johnson concurring In the result. FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7837 N otices unnumbered highways to Douglas Dam, junction U.S. Highways 70 and 11 (at INTERSTATE COMMERCE and return over the same route. (3) Dixie Lee Junction, Tenn.), and between Between Sevierville, Tenn., and Newport, junction U.S. Highways 27 and 70 (near COMMISSION Tenn., serving all intermediate points: Rock wood, Tenn.), and Spring City, From Sevierville over U.S. Highway 411 Tenn., all intermediate points between NOTICE OF FILING OF MOTOR CAR to Newport, and return over the same junction U.S. Highways 70 and 11 (at RIER INTRASTATE APPLICATIONS route. (4) Between Knoxville, Tenn., and Dixie Lee Junction, Tenn.), and junction junction Tennessee Highway 32 and U.S. Highways 27 and 70 (near Rock- M ay 24, 1968. Tennessee Highway 73 at or near Cosby, wood, Tenn.); the off-route point of The following applications for motor Tenn., serving all intermediate points: Harriman, Tenn.; and the off-route common carrier authority to operate in From Knoxville over U.S. Highway 70 to points, of Rhea Springs and Washington, intrastate commerce seek concurrent junction Tennessee Highway 32 at New Tenn. From Knoxville over U.S. Highway motor carrier authorization in interstate port, Tenn., and thence over Tennessee 70 to junction U.S. Highway 27, and or foreign commerce within the limits Highway 32 to junction Tennessee High thence over U.S. Highway 27 to Chatta of the intrastate authority sought, pur way 73, and return over the same route. nooga, and return over the same route. suant to section 206(a) (6) of the Inter (5) Between Knoxville, Tenn., and (2) Between Chattanooga, Tenn., and state Commerce Act, as amended October Melton Hill Dam Site, Tenn., serving all Harriman, Tenn.: From Chattanooga 15,1962. These applications are governed intermediate points; and serving off- over U.S. Highway 27 to Harriman, and by Special Rule 1.245 of the Commis route points within 5 miles of Melton return over the same route. Service is sion’s rules of practice, published in the Hill Dam Site: From Knoxville over authorized to and from all intermediate Federal R egister, issue of April 11,1963, Interstate Highway 40 to junction Ten points and the off-route point of Rhea page 3533, which provides, among other nessee Highway 95, thence over Ten Springs, Tenn. (3) Between Knoxville, things, that protests and requests for in nessee Highway 95 to Melton Hill Dam Tenn., and Loudon, Tenn., serving all formation concerning the time and place Site, and return over the same route. intermediate points and the off-route of State Commission hearings or other (6) Between Knoxville, Tenn., and the points of Concord and Martel, Tenn.: proceedings, any subsequent changes Tennessee-Kentucky State line near From Knoxville over U.S. Highway 11 to therein, and any other related matters Cumberland Gap, Tenn., serving all in Loudon, and return over the same route. shall be directed to the State Commis termediate points: From Knoxville over (4) Between Sweetwater, Tenn., and sion with which the application is filed Tennessee Highway 33 to Tazewell, Loudon, Tenn., serving all intermediate and shall not be addressed to or Tenn., thence over U.S. Highway 25E to points: From Sweetwater over U.S. filed with the Interstate Commerce the Tennessee-Kentucky State Line, and Highway 11 to Loudon, and return over Commission. return over the same route. (7) Between the same route. (5) Between Chatta State Docket No. MC-4479 (Sub-No. Knoxville, Tenn., and Lake City, Tenn., nooga, Tenn., and Sweetwater, Tenn.: 8), filed May 10, 1968. Applicant: serving all intermediate points: From From Chattanooga over U.S. Highway 11 KNOXVILLE - MARYVILLE MOTOR Knoxville over Tennessee Highway 33 to to Sweetwater, and return over the same EXPRESS, INC., 1910 University Hall’s Crossroads, Tenn., and thence over route. Service is authorized to and from Avenue, Knoxville, Tenn. Applicant’s U.S. Highway 441 to Lake City, and all intermediate points and the off-route representative: Blaine Buchanan, 1024 return over the same route. point of Collegedale, Tenn. James Building, Chattanooga, Tenn. (8) Between Knoxville, Tenn., and (6) Between Chattanooga, Tenn., and 37402. Certificate' of public convenience Kingston, Tenn., serving all intermediate and necessity sought to operate a freight Jellico, Ky„ serving all intermediate points: From Knoxville over U.S. High points and all off-route points within 2 service as follows: Transportation of miles of Tennessee Highway 58: From general property (except household way 25W to Jellico, and return over the same route. (9) Betweën La Follette, Chattanooga over Tennessee Highway 58 goods, liquid commodities in bulk, fly to Kingston, and return over the same ash dry cement, and dry fertilizer in Tenn., and Arthur, Tenn., serving all intermediate points: From La Follette route. Between Decatur and Athens, bulk, and dry acids, and dry acids and Tenn., serving all intermediate points: dry chemicals in bags and bulk), between over Tennessee Highway 63 to Arthur, and return over the same route. (10) Be From Decatur over Tennessee Highway all points in Tennessee within 50 miles 30 to Athens, and return over the same of Knoxville, Tenn., serving Greeneville, tween Morley, Tenn., and Fonde, Ky., Tenn., as an off-route point, excepting serving all intermediate points: From route. Between junction Tennessee High Morley over Tennessee Highway 90 to the way 68 and U.S. Highway 27, south of from the above-described areas all of the the near Spring City, Tenn., and junc following routes and areas, points within' Tennessee-Kentucky State line, thence over Kentucky Highway 74 to Fonde, and tion Tennessee Highways 58 and 68, if* e hereof, and commercial zones of serving all intermediate points: From ail towns thereon: (A) All present routes return over the same route. (11) Between oi Skyline Transportation, Inc., under Knoxville, Tenn., and Tazewell, Tenn., junction Tenessee Highway 68 and U.S. intrastate Certificate Nos. 381 A through as an alternate route for operating con Highway 27, south of and near Spring City, over Tennessee Highway 68 to junc interstate Certificate of Registra- venience only, in connection with car on MC 99208 and sub numbers, which rier’s authorized regular route opera tion Tennessee Highway 58, and return routes are described as follows: (1) Be tions, serving no intermediate points: over the same route. Between Chatta tween Knoxville, Tenn., and the Ten- From Knoxville over U.S. Highway 11W nooga, Tenn., and junction Tennessee essee-North Carolina State line, serving to junction U.S. Highway 25E, thence Highway 2A and U.S. Highway 11, at or an intermediate points: From Knoxville over U.S. Highway 25E to Tazewell, and near Silverdale, Tenn., serving all inter return over the same route. (B) All pres mediate points and the off-route point of E T^ messee Highway 71 to Gatlin- the site of Chickamauga Dam, near TTjl' TePn*» thence over Tennessee ent routes of Central Motor Express, Inc., under Intrastate Certificates 237, 250, Tyner: From Chattanooga over Tennes SSr ooay*73 to junction Tennessee High- see Highway 2A to junction U.S. High nvL m at or near Cosby, Tenn., thence 251, 851, and sub numbers and Interstate Highway 32 to the Ten- Certificate, and pending applications, way 11 at or near Silverdale, and return e'North Carolina State line, and undet MC-68078 and sub numbers, which over the same route. (7) To and from return over the same route. routes are described as follows: Clinton Engineer Works and Oak Ridge, Tenn., as off-route points in connection Dnnii„B^ ween Sevierville, Tenn., and (1) Between Knoxville, Tenn., and mArtf!*5 DaP ’ Tenn., serving all inter Chattanooga, Tenn., serving all inter with said carrier’s otherwise authorized ne points: From Sevierville over mediate points between Knoxville and regular route operations. (8) Serving the FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 No. 105— Pt. I____ 4 7838 NOTICES site of the Melton Hill Dam of the Ten Commission, C-l-110 Cordell Hull Build 70, serving the intermediate point of nessee Valley Authority, located south ing, Nashville, Tenn. 37219. Requests for Weleetka; alternate route over U.S. In west of Knoxville, Tenn., on the Clinch procedural informs,tion, including the terstate Highway 40 for operating con River, and points within 5 miles thereof, time for filing protests, concerning this venience only. Both intrastate and inter as off-route points in connection with application should be addressed to the state authority sought. carrier’s regular route operations be Tennessee Public Service Commission, HEARING: Monday, June 10, 1968 tween Knoxville, Terni., and Chatta Cordell Hull Building, Nashville, Tenn. (place not given). Request for pro nooga, Tenn. 37219, and should not be directed to the cedural information, including the time (9) Between junction U.S. Highway 11 Interstate Commerce Commission. for filing protests, concerning this appli and Tennessee Highway 95 (near Lenoir State Docket No. M-4664 filed May cation should be addressed to the Cor City, Tenn.), and junction Tennessee 8, 1968. Applicant: PARIS MOTOR poration Commission of Oklahoma, Highway 95 and U.S. Highway 70, in FREIGHT, INC., 1211 South Ninth Oklahoma City, Okla. 73105, and should connection with carrier’s presently au Street, Fort Smith, Ark. 72901. Appli not be directed to the Interstate Com thorized regular route operations: From cant’s representative: Don A. Smith, merce Commission. junction U.S. Highway 11 and Tennessee Kelley Building, Post Office Box 43, Fort By the Commission. Highway 95 (near Lenoir City) over Smith, Ark. 72901. Certificate of public Tennessee Highway 95 to junction U.S. convenience and necessity sought to op [seal] H . N eil G arson, Highway 70, and return over the same erate a freight service as follows: Trans Secretary. route. (10) Between junction U.S. High portation of general commodities (ex [F.R. Doc. 68-6358; Filed, May 28, 1968; way 11 and Tennessee Highway 72 (near cept those of unusual value, high 8:47 ajn.] Loudon, Tenn.), and junction Tennessee explosives, household goods as defined by the Interstate Commerce Commis Highway 72 and Tennessee Highway 58, [Notice 500] in connection with carrier’s presently sion, commodities in bulk, commodities authorized regular route operations: requiring special equipment, and those MOTOR CARRIER ALTERNATE ROUTE injurious or contaminating to other lad From junction U.S. Highway 11 and DEVIATION NOTICES Tennessee Highway 72 (near Loudon) ing), from the junction of Arkansas over Tennessee Highway 72 to junction Highways 22 and 96, thence over High M a y 24,1968. Tennessee Highway 58, and return over way 96 to junction of Arkansas High The following letter-notices of pro the same route. (11) Between junction ways 96 and 23 to Webb City, Ark., thence posals to operate over deviation routes U.S. Highway 11 and Tennessee Highway over Arkansas Highway 309 to Paris, for operating convenience only have been 68 (near Sweetwater, Tenn.), and junc Ark., thence over Arkansas Highway 109 filed with the Interstate Commerce Com tion Tennessee Highways 68 and 58, in to Magazine, Ark., and return over the mission, under the Commission’s Devia connection with carrier’s presently au same route, serving all intermediate tion Rides Revised, 1957 (49 CFR 211.1 thorized regular route operations: From points, in connection ^with applicant’s (c)(8)) and notice thereof to all in junction U.S. Highway 11 and Tennessee presently authorized operations. Both in terested persons is hereby given as pro Highway 68 (near Sweetwater) over trastate and interstate authority sought. vided in such rules (49 CFR 211.1(d) Tennessee 68 to junction Tennessee HEARING: Friday, July 19, 1968, at (4)). Highway 58 and return over the same 10 am., The Arkansas Commerce Com Protests against the use of any pro route. (12) Between Decatur, Tenn., and mission, Justice Building, Little Rock, posed deviation route herein described Dayton, Tenn., in connection with Ark. 72201. Requests for procedural in may be filed with the Interstate Com carrier’s presently authorized regular formation, including the time for filing merce Commission in the manner and route operations: From Decatur over protests concerning this application form provided in such rules (49 CFR Tennessee Highway 30 to Decatur, and should be addressed to the Arkansas 211.1(e)) at any time, but will not op return over the same route. (13) Between Commerce Commission, Justice Build erate to stay commencement of the pro Cleveland, Tenn., and Dayton, Tenn., in ing, Little Rock, Ark. 72201, and should posed operations unless filed within 30 connection with carrier’s presently au not be directed to the Interstate Com days from the date of publication. thorized regular route operations: From merce Commission. Successively filed letter-notices of the Cleveland over Tennessee Highway 60 State Docket No. MC 21067, filed May same carrier under the Commission’s to Dayton, and return over the same 20, 1968. Applicant: CENTRAL OKLA Deviation Rules Revised, 1957, will be route. HOMA FREIGHT LINES, INC., 207 numbered consecutively for convenience (14) Between junction UH. Highway North Cincinnati, Tulsa, Okla. Appli in identification and protests if any 27 and Tennessee Highway 153, and cant’s representative: Rufus H. Lawson, should refer to such letter-notices by junction Tennessee Highway 153 and Post Office Box 75124, Oklahoma City, number. Interstate Highway 75, in connection Okla. 73107. Certificate of public con with carrier’s presently authorized reg venience and necessity sought to operate M otor CARRrERS of Property ular route operations: From junction a freight service as follows; Transporta No. MC 200 (Deviation No. 13), RISS U.S. Highway 27 and Tennessee Highway tion of general commodities, over regular & COMPANY, INC., 903 Grand Avenue, 153 over Tennessee Highway 153 to routes, between Oklahoma City, Okla., Kansas City, Mo. 64106,. filed May 15. junction Interstate Highway 75, and re and Henryetta, Okla., via U.S. Highway 1968. Carrier’s representative: Ivan E. turn over the same route. (15) Between 62, serving the intermediate points of Moody, same address as applicant. Car Athens, Tenn., and Etowah and Engle Meeker, Prague, Boley, and Okemah, and rier proposes to operate as a common wood, Tenn., as follows: From Athens, return over the same route; between carrier, by motor vehicle, of classes A Tenn., over Tennessee Highway No. 30 Oklahoma City, Okla., and Henryetta, and B explosives, and military ordnance to Etowah, Tenn., thence over U.S. High Okla., via U.S. Highway 270 to its stores, moving on Government bills of way 411 to Englewood; thence over junction with State Highway 9, thence lading, over a deviation route as fol Tennessee Highway No. 39 to junction via State Highway 9 to its junction lows: Between Joliet, 111., and Grand Tennessee Highway No. 30; thence over with US. Highway 75, thence via Island, Nebr., over Interstate Highway Tennessee Highway 30 to Athens, Tenn.; US. Highway 75 to Henryetta, serv 80, for operating convenience only. The return over the same route. The above ing the intermediate points of We- notice indicates that the carrier is pres area after excluding Exception, to be tumka and Weleetka, and return over ently authorized to transport the same tacked and joined to all of applicant’s the same route; between Tulsa, Okla., commodities, over a pertinent service presently authorized routes and areas and Meeker, Okla., via US. Highway 75 route as follows: From Joliet, III., over for through transportation of freight. to its junction with U.S. Highway 62, U.S. Highway 66. and Alternate u *3- No duplicating authority is being sought. thence via US. Highway 62 to Meeker, Highway 66 to Springfield, HI., thence Both intrastate and interstate authority serving the intermediate points of Oke over U.S. Highway 54 to Kingdom City, sought. mah, Boley, and Prague, and return over Mo., thence over U.S. Highway 40 to HEARING: Tuesday, July 16, 1968, at the same route; between Tulsa, Okla., junction U.S. Highway 24, thence over 9:30 am., Tennessee Public Service and Wetumka, Okla., via US. Highway U.S. Highway 24 to junction Kansas FEDERAL REGISTER, VOL 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7839 Highway 18, thence over U.S. Highway 24 only. The notice indicates that the car Nashville, Tenn., over U.S. Highway 41 and Kansas Highway 18 to Fort Riley, rier is presently authorized to transport to Adams, Tenn., the,nce over Tennessee Kans., thence over U.S. Highway 24 to the same commodities, over a pertinent Highway 76 to junction Alternate U.S. junction U.S. Highway 81, thence over service route as follows: From East St. Highway 41, thence over Alternate U.S. U.S. Highway 81 to junction U.S. High Louis, Hi., over U.S. Highway 66 to junc Highway 41 to Clarksville, Tenn., thence way 34, thence over U.S. Highway 34 to tion U.S. Highway 30 at or near Joliet, over U.S. Highway 79 to junction Ten junction U.S. Highway 281, thence over 111., thence over U.S. Highway 30 to nessee Highway 69, thence over Tènnes- U.S. Highway 281 to Grand Island, Nebr., junction U.S. Highway 41, thence over see Highway 69 to Paris, Tenn., thence and return over the same route.- U.S. Highway 41 to Hammond, Ind., over U.S. Highway 641 (formerly Ten No. MC 906 (Deviation No. 7), CON thence over U.S. Highway 20 to Toledo, nessee Highway 54) via Puryear, Tenn., SOLIDATED FORWARDING CO., INC., Ohio, and return over the same route. to the Tennessee-Kentucky State line, 1300 North 10th Street, St. Louis, Mo. No. MC 4963 (Deviation No. 29), thence continue over U.S. Highway 641 63106, filed May 16, 1968. Carrier pro JONES MOTOR CO., INC., Bridge (formerly Kentucky Highway 95) to poses to operate as a common carrier, Street and Schuylkill Road, Spring City, junction U.S. Highway 68, thence over by motor vehicle, of general commodities, Pa. 19475, filed May 15, 1968. Carrier U.S. Highway 68 to Paducah, Ky., thence with certain exceptions, over a deviation proposes to operate as a common carrier, over U.S. Highway 45 to Vienna, 111., route as follows: From junction U.S. by motor vehicle, of general commodities, thence over Illinois Highway 146 to Boles Highway 40 and Interstate Highway 57 with certain exceptions, over a deviation (formerly West Vienna), 111., thence over (at or near Effingham, 111.), over Inter route as follows: From junction Con Illinois Highway 37 to Marion, 111., thence state Highway 57 to junction Illinois necticut Highways 8 and 4 over Connect over Illinois Highway 13 to Carbondale, Highway 16, thence over Illinois High icut Highway 8 to junction Connecticut . 111., thence over U.S. Highway 51 to junc way 16 to junction U.S. Highway 150, Highway 34, thence over Connecticut tion Illinois Highway 154, thence over thence over U.S. Highway 150 to junc Highway 34 to junction Interstate High Illinois Highway 154 to Pinckneyville, 111., tion U.S. Highway 40 (at or near Terre way 95, thence over, Interstate Highway thence over Illinois Highway 13 to East Haute, Ind), and re tun-, over the same 95 to Mount Vernon, N.Y., and return St. Louis, 111., thence over the Mississippi route, for operating convenience only. over the same route for operating con River to St. Louis, Mo., and return over The notice indicates that the carrier is venience only. The notice indicates that the same route. presently authorized to transport the the carrier is presently authorized to No. MC 110264 (Deviation No. 1), same commodities, over a pertinent serv transport the same commodities, over a ALBUQUERQUE PHOENIX EXPRESS, ice route as follows: Between junction pertinent service route as follows: From INC., Post Office Box 3459, Albuquerque, U.S. Highway 40 and Interstate High junction Connecticut Highways 8 and 4 N. Mex. 87110, filed May 17, 1968. Car way 57 and Terre Haute, Ind., over U.S. over Connecticut Highway 4 to junction rier’s representative: Paul F. Sullivan, Highway 40. U.S. Highway 7, thence over U.S. High Colorado Building, 1341 G Street NW., No. MC 2202 (Deviation No. 102), way 7 to junction U.S. Highway 6, thence Washington, D.C. 20005. Carrier pro ROADWAY EXPRESS, INC., 1077 Gorge over U.S. Highway 6 to junction New poses to operate as a common carrier, by Boulevard, Post Office Box 471, Akron, York Highway 22, thence over New York motor vehicle, of general commodities, Ohio 44309, filed May 14, 1968. Carrier Highway 22 to Mount Vernon, N.Y., and with certain exceptions, over a deviation proposes to operate as a common carrier, return over the same route. route as follows: From Albuquerque, by motor vehicle, of general commodities, No. MC 41432 (Deviation No. 12), N. Mex., over U.S. Highway 66 (Inter with certain exceptions, over deviation EAST TEXAS MOTOR FREIGHT state Highway 40) to junction New Mex routes as follows: (1) From Austell, Ga., LINES, INC., 2355 Stemmons Freeway, ico Highway 53, thence over New Mexico over U.S. Highway 78 to Villa Rica, Ga., Post Office Box 10125, Dallas, Tex. 75207, Highway 53 to the Arizona-New Mexico thence over Georgia Highway 61 to Car filed May 17, 1968. Carrier proposes to State line, thence over Arizona Highway rollton, Ga., thence over Georgia High operate as a common carrier, by motor 61 to junction U.S. Highway 666, thence way 166 to the Georgia-Alabama State vehicle, of general commodities, with cer over U.S. Highway 666 to St. Johns, Ariz., line, thence over Alabama Highway 46 to tain exceptions, over a deviation route thence over Arizona Highway 61 to junc Heflin, Ala., thence over U.S. Highway as follows: Between Birmingham, Ala., tion U.S. Highway 60 east of Show Low, 78 to Birmingham, Ala., and (2) from and Atlanta, Ga., over Interstate High Ariz., and return over the same route, for Columbus, Ga., over U.S. Highway 80 to way 20, for operating convenience only. operating convenience only. The notice Crawford, Ala., thence over Alabama The notice indicates that the carrier is indicates that the carrier is presently Highway 169 to Opelika, Ala., and return presently authorized to transport the authorized to transport the same com over the same routes, for operating con same commodities, over a pertinent serv modities, over a pertinent service route venience only. The notice indicates that ice route as follows: From Birmingham, as follows: From Phoenix, Ariz., over the carrier is presently authorized to Ala., over U.S. Highway 78 to junction U.S. Highway 60 via Globe, Ariz., to transport the same commodities, over Alabama Highway 202 (formerly por Socorro, N. Mex., thence over U.S. High pertinent service routes as follows: (1) tion U.S. Highway 78), thence over way 85 via Isleta, N. Mex., to Albuquer From Austell, Ga., over U.S. Highway Alabama Highway 202 to Anniston, Ala., que, N. Mex., and return over the same 278 to Gadsden, Ala., thence over U.S. thence over U.S. Highway 431 (formerly route. Highway 411 to junction Alabama High portion U.S. Highway 78) to junction way 23, thence over Alabama Highway U.S. Highway 78, thence over U.S. High M otor C arriers of Passengers 23 to St. Clair, Ala., thence over U.S. way 78 to Atlanta, and return over the Np. MC 1515 (Deviation No. 451) Highway 11 to Birmingham, Ala., and same route. (Cancels Deviations Nos. 137 and 390), (2) from Columbus, Ga., over U.S. High No. MC 108185 (Deviation No. 12), GREYHOUND LINES, INC. (Eastern way 280 to Opelika, Ala., and return over DIXIE HIGHWAY EXPRESS, INC., Division), 1400 West Third Street, Cleve the same routes. (TERMINAL TRANSPORT COMPANY, land, Ohio 44113, filed May 13, 1968. Car MC 4963 (Deviation No. 28) INC., Operator, In Part), 2625 Territorial rier proposes to operate as a common car JONES MOTOR CO., INC., Bridgi Road, St. Paul, Minn. 55114, filed May 15, rier, by motor vehicle, of passengers and street and Schuylkill Road, Spring City 1968. Carrier proposes to operate as a their baggage, and express and news Pa. 19475, filed May 15, 1968. Carriei common carrier, by motor vehicle, of gen papers in the same vehicle with passen Proposes to operate as a common carrier eral commodities, with certain excep gers, over deviation routes as follows: y motor vehicle, of general commodities tions, over a deviation route as follows: (1) From Cleveland, Ohio, over Inter with certain exceptions,^over a deviatior From Adams, Tenn., over U.S. Highway state Highway 90 via Conneaut, Ohio, to route as follows: From East St. Louis 41 to Evansville, Ind., thence over U.S. Interchange No. 50 of Interstate High •fe °ve5 Interstate Highway 70 to junc- Highway 460 to Freeburg, 111., and return way 90 (New York State Thruway) near T n interstate Highway 6J), thence ovei over the same route, for operating con interstate Highway 69 to junction U.S venience only. The notice indicates that Buffalo, N.Y., (2) from Cleveland, Ohio, nignway 24, thence over U.S. Highway 24 the carrier is presently authorized to over the Lakeland Freeway to Paines- oledo> Ohio, and return over tht transport the same commodities, over a ville, Ohio, (3) from junction Ohio High me route, for operating convenience pertinent service route as follows: From way 306 and U.S. Highway 20 over Ohio FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7840 NOTICES Highway 306 to junction Interstate High Park Avenue to Mile Strip Road, thence Fla., to Bridgehead, Ala., thence over U.S. way 90, (4) from junction Ohio Highway over Mile Strip Road to Thruway access Highway 98 (formerly portion Alabama 306 and Ü.S. Highway 20 over Ohio High road, thence over access road to Inter Highways 104 and 89) via Fairhope, way 306 to junction with the Lakeland change No. 56 of Interstate Highway 90 Ala., to Point Clear, Ala., and return Freeway, (5) from junction Ohio High (New York State Thruway), (27) from over the same route. way 44 and U.S. Highway 20 over Ohio Buffalo, N.Y., over Interstate Highway No. MC 1515 (Deviation No. 453), Highway 44 to junction Interstate High 190 to Interchange No. 53 of Interstate (Cancels Deviation No. 413), GREY way 90, (6) from junction Ohio High Highway 90 (New York State Thruway), HOUND LINES, INC. (Southern Divi way 44 and U.S. Highway 20 over Ohio and (28) from Buffalo, N.Y., over Ken sion) ,219 East Short Street, Lexington, Highway 44 to junction with the Lake sington Expressway to Interchange No. Ky. 40507, filed May 15, 1968. Carrier land Freeway, (7) from Painesville, Ohio, 51 of Interstate Highway 90 (New York proposes to operate as-a common carrier, over present certificated route Ohio State Thruway), and return over the by motor vehicle of passengers and their Highway 84 to junction access road, east same routes, for operating convenience baggage, and express and newspapers in of Painesville, Ohio, thence over access only. The notice indicates that the car the same vehicle with passengers, over road to junction Interstate Highway 90, rier is presently authorized to transport deviation routes as follows: (i) From (8) from Madison, Ohio, over Ohio High passengers and the same property, over junction Interstate Highway 59 and U.S. way 528 to junction Interstate Highway pertinent service routes as follows: (1) Highway 11, east of Toomsuba, Miss., 90, (9) from Geneva, Ohio, over Ohio From Rochester, N.Y„ over New York over Interstate Highway 59 to junction Highway 534 to junction Interstate Highway 33 to Batavia, N.Y., thence over Interstate Highway 10 and Interstate Highway 90, (10) from Ashtabula, Ohio, New York Highway 5 via Buffalo, N.Y., Highway 12, northeast of Slidell, La., over Ohio Highway 46 to junction Inter to Athol Springs, N.Y., thence over New with the following access routes: (a) state Highway 90, (11) from North York Highway 75 to junction U.S. High From junction Interstate Highway 59 Kingsville, Ohio, over Ohio Highway 170 way 20, thence over U.S. Highway 20 to and Mississippi Highway 513, over to junction Interstate Highway 90. junction New York Highway 5 (Irving), Mississippi Highway 513 to Enterprise, (12) From West Springfield, Pa., overthence over U.S. Highway 20 and New Miss., (b) from junction Interstate U.S. Highway 6N to Interchange of U.S. York Highway 5 to Silver Creek, N.Y. Highway 59 and Mississippi Highway Highway 6N and Interstate Highway 90, (also from Dunkirk, N.Y., over New York 528 over Mississippi Highway 528 to (13) from Girard, Pa., over present cer Highway 60 to Fredonia, N.Y.), thence junction U.S. Highway 11 near Heidel tificated route Ü.S. Highway 18 to junc from Silver Creek, N.Y., over U.S. High berg, Miss., (c) from junction Inter tion Interstate Highway 90, (14) from way 20 to Fredonia, N.Y., thence over state Highway 59 and U.S. Highway Fairview, Pa., over Pennsylvania High U.S. Highway 20 via Harborcreek, Pa., 49 over U.S. Highway 49* to Hatties way 98 ‘to junction Interstate Highway to Erie, Pa., (2) from junction U.S. High burg, Miss., (d) from junction Inter 90, (15) from Erie, Pa., over Interstate way 20 and New York Highway 75 (near state Highway 59 and U.S. Highway Highway 79 to junction Interstate High Athol Springs, N.Y.), over New York 98 over U.S. Highway 98 to Hattiesburg, way 90, (16) from Erie, Pa., over U.S. Highway 75 to the New York State Thru Miss., (e) from junction Interstate Highway 19 to junction Interstate High way (at Interchange No. 57), (3) from Highway 59 and unnumbered highway, way 90, (17) from Erie, Pa., over present Avon, N.Y., over U.S. Highway 20 to junc over unnumbered highway to Purvis, certificated route Pennsylvania Highway tion New York Highway 75 (south of Miss.i (f) from - junction Interstate 97 to junction Interstate Highway 90, Woodlawn, N.Y.), (4) from Suffern, N.Y. Highway 59 and Mississippi Highway 13 (18) from Erie, Pa., over Pennsylvania (Interchange No. 15), over New York. over Mississippi Highway 13 to Lumber- Highway 8 to junction Interstate High State Thruway to Buffalo, N.Y. (Inter ton, Miss., (g) from junction Interstate way 90, (19) from Northeast, Pa., over change No. 50), (5) from Buffalo, N.Y., Highway 59 and Mississippi Highway 26, Pennsylvania Highway 89 to junction over access streets to Interchange No. over Mississippi Highway 26 to Poplar- Interstate Highway 90, (20) from junc 50, (6) from Cleveland, Ohio, over U.S. ville, Miss., (h) from junction Interstate tion U.S. Highway 20 and Shortman Highway 20 via Painesville and Geneva, Highway 59 and Mississippi Highway 53 Road, west of Ripley, N.Y., and near the Ohio, to Erie, Pa., and (7) from Paines over Mississippi Highway 53 to Poplar- Pennsylvania-New York State line over ville, Ohio, over Ohio Highway 84 to ville, Miss., and (i) from junction In Shortman Road, to junction Interstate junction Ohio Highway 534 (Harpers terstate Highway. 59 and Mississippi Highway 90 (New York State Thruway), Comers), thence over Ohio Highway 534 Highway 43 over Mississippi Highway 43 (21) from Westfield, N.Y., over New York to Geneva, Ohio, and return over the to Picayune, Miss., and (3) from junction Highway 17 to Interchange No. 60 of In same routes. Interstate Highway 59, Interstate High terstate Highway 90 (New York State No. MC 1515 (Deviation No. 452), way 10 and Interstate Highway 12, over Thruway), (22) from Fredonia, N.Y., GREYHOUND LINES, INC., (Southern Interstate Highway 10 to New Orleans, east over U.S. Highway 20 to junction Division) ,219 East Short Street, Lexing La., with the following access routes: (a) with Bennett Road, thence over Bennett ton, Ky. 40507, filed May 15, 1968. Car From junction Interstate Highway 10 and Road, to Interchange No. 59 of Interstate rier proposes to operate as a common car U.S. Highway 190 over U.S. Highway 190 Highway 90 (New York State Thruway), to junction U.S. Highway 11, and (b) rier, by motor vehicle, of passengers and from junction Interstate Highway 10 and (23) from Dunkirk, N.Y., over Bennett their "baggage, and express and news Louisiana Highway 433 over Louisiana Road to Interchange No. 59 of Interstate papers, in the same vehicle with pas Highway 433 to Slidell, La., and return Highway 90 (New York State Thruway), sengers, over a deviation route as fol over the same route, for operating con (24) from junction U.S. Highway 20, lows: From Loxley, Ala., over Alabama venience only. The notice indicates that New York Highway 5 and access highway Highway 59 to junction Interstate High the carrier is presently authorized to to Interchange No. 58, east of Silver way 10, thence over Interstate Highway transport passengers and the same Creek, N.Y., near Irving, N.Y., over ac 10 to junction Florida Highway 87, property, over a pertinent service route cess highway to Interchange No. 58 of thence over Florida Highway 87 to junc as follows: From Birmingham, Ala., over Interstate Highway 90 (New York State tion U.S. Highway 90 east of Milton, Fla., U.S. Highway 11 via Bucksville and Bos Thruway). with the following access routes: (1) Springs, Ala., to New Orleans, La., and (25) From junction Ü.S. Highway 20From Pensacola, Fla., over U.S. High return over the same route. and New York Highway 75, near Athol way 29 to junction Interstate Highway 10, No. MC 45626 (Deviation No. 26), Springs, N.Y., over present Certificated and (2) from Milton, Fla., over Florida VERMONT TRANSIT CO.,, INC., Bur Highway 75 to Thruway access road, Highway 191 to junction Interstate High lington, Vt. 05401, filed May 16, 1968. way 10, and return over the same routes, thence over access road to Interchange Carrier proposes to operate as a common No. 57 to Interstate Highway 90 (New for operating convenience only. The no carrier, by motor vehicle, of passengers York State Thruway), (26) from junc tice indicates that the carrier is presently and their baggage, and express and tion New York Highway 5 and New York authorized to transport passengers and newspapers in the same vehicle with Highway 179, near Blasdell, N.Y., over the same property, over a pertinent serv passengers, over a deviation route as New York Highway 179 to junction with ice route as follows: From Marianna, follows: From White River Junction, Vt., South Park Avenue, thence over South Fla., over U.S. Highway 90 via Pensacola, over U.S. Highway 4 to and over the FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7841 Connecticut River to West Lebanon, No. MC 55236 (Sub-No. 148) (Repub Smith, 511 Fidelity Building, Indian N.H., thence over the New Hampshire lication), filed February 13, 1967, pub apolis, Ind. 46204. By application filed Highway 12A to junction New Hamp lished in F ederal R egister issues of filed May 10, 1967, applicant seeks a shire Highway , 103 in Claremont, N.H., March 9, 1967, and February 16, 1967, certificate of public convenience and and return over the same route, for op and republished this issue. Applicant: necessity authorizing operation in in erating convenience only. The notice in OLSON TRANSPORTATION COM terstate or foreign commerce as a com dicates that the carrier is presently au PANY, a corporation, 1970 South Broad mon carrier, by motor vehicle over ir thorized to transport passengers and the way, Post Office Box 1187, Green Bay, regular routes, transporting: (1) same property, over a pertinent service Wis. 54306. Applicant’s representative: Tractors (not including tractors with route as follows: Prom White River K. L. Laird (same address as applicant). vehicle beds, bed frames, or fifth wheels), Junction, Vt„ over U.S. Highway 5 to In the above-entitled proceeding, the ex and attachments and parts thereof, when Ascutney, Vt„ thence over unnumbered aminer recommended the granting to ap moving incidental to and in the same highway to the Vermont-New Hampshire plicant a certificate of public convenience vehicle with tractors, but not including State line, crossing the Connecticut and necessity, authorizing operation in articles which because of size or weight River over the Ascutney Bridge, thence interstate of foreign commerce, as a com require the use of special equipment over New Hampshire Highway 103 to mon carrier by motor vehicle, over ir from Louisville, Ky., to points hi Ala junction New Hampshire Highway 12A regular routes, of acids and chemicals, bama, Arkansas, Florida, Georgia, Illi in Claremont, N.H., and return over the except acids and chemicals in bulk tank nois, Indiana, Louisiana, Mississippi, same route. vehicles, over irregular routes, from the North Carolina, Ohio, Oklahoma, South plantsite of the Wyandotte Chemicals Carolina, Tennessee, Texas, Virginia, By the Commission. Corp. at or near Port Edwards, Wis., to Colorado Connecticut, Delaware, Iowa, [seal] H. N eil G arson, points in Illinois, Indiana, Iowa, Kansas, Kansas, Maryland, Michigan, Minnesota, Secretary. Kentucky, Michigan, Minnesota, Mis Missouri, Nebraska, New York, Pennsyl [Fit. Doc. 68-6359; Piled, May 28, 1968; souri,, Montana, Nebraska, North Da vania, Vermont, Wisconsin, and West 8:47 a.m.] kota, Ohio, South Dakota, and Wiscon Virginia; (2) prefabricated buildings, sin. Restriction: The service authorized complete, knocked down or in sections herein is subject to the following con and when transported in connection with [Notice 1184] dition: Tacking with other appropriate the transportation of such buildings, MOTOR CARRIER APPLICATIONS AND authorities of Olson Transportation Co. component parts thereof and equipment and materials incidental to the erection CERTAIN OTHER PROCEEDINGS will be permitted at Port Edwards, and at Waukegan, 111., to serve the territory and completion of such buildings, from M a y 24, 1968. embraced in the above States and points New Albany, Ind., and points within one The following publications are gov in the States of Delaware, Louisiana, and mile thereof, to points in Pennsylvania, erned by Special Rule 1.247 of the Com New York. A decision and order of the Kentucky, Missouri, Ohio, and Illinois; mission’s rules of practice, published in Commission, Review Board Number 4, and the Federal R egiste a issue of April 20, dated May 8, 1968, and served May 16, (3) Favoring syrup, liquid sugar, and 1966, which became effective May 20, 1968, as modified, finds that the present invert sugar, in bulk, in tank vehicles, 1966. and future public convenience and neces from Louisville, Ky., to points in Ala The publications hereinafter set forth sity require operation by applicant, in bama, Arkansas, Florida, Georgia, Iowa, reflect the scope of the applications as interstate or foreign commerce, as a Louisiana, Maryland, Illinois, Indiana,*. filed by applicant, and may include de common carrier by motor vehicle, over Michigan, Minesota, Mississippi, Mis scriptions, restrictions, or limitations irregular routes, of acids and chemicals souri, North Carolina, Ohio, Pennsyl which are not in a form acceptable to the originating at the plantsite of the Wyan vania, South Carolina, Tennessee, Vir Commission. Authority which ultimately dotte Chemicals Corp. at or near Port ginia, West Virginia, Wisconsin, and the may be granted as a result of the ap Edwards, Wis., and destined to points in District of Columbia. A decision and plications here noticed will not neces Illinois, Indiana, Iowa, Kansas, Ken order of the Commission, Division 1, sarily reflect the phraseology set forth tucky, Michigan, Mihnesota, Missouri, served May 17, 1968, finds that the pres in the application as filed, but also will Montana, Nebraska, North Dakota, Ohio, ent and future public convenience and eliminate any restrictions which are South Dakota, and Wisconsin, that ap necessity require operation by applicant, not acceptable to the Commission. plicant is fit, willing, and able properly in interstate or foreign commerce, as a to perform such service and to conform common carrier, by motor vehicle, over Applications A ssigned for O ral H earing to the requirements of 1he Interstate irregular routes, of tractors (except MOTOR CARRIERS OF PROPERTY Commerce Act and the Commission’s truck tractors) and attachments there for, from the plantsite of International No. MC 52458 (Sub-No. 214), (Re rules and regulations thereunder; be cause it is possible that other persons, Harvester Co. of Louisville, Ky., to points publication), filed April 18, 1968, pub in Alabama, Arkansas, Florida, Georgia, lished in the F ederal R egister, issue of who have relied upon the notice of the application as published, may have an Illinois, Indiana, Louisiana, Mississippi, May 9, 1968, and republished this issue. North Carolina, Ohio, Oklahoma, South Applicant: T. L McCORMACK TRUCK interest in and would be prejudiced by the lack of proper notice of the author Carolina, Tennessee, Texas, Virginia, ING CO., INC., Post Office Box 1047, 4107 Colorado, Connecticut, Delaware, Iowa, Bells Lane, Louisville, Ky. 40201. Appli ity described in the findings in this or der, a notice of the authority actually Kansas, Maryland, Michigan, Minnesota, cant’s representative: Harris G. Andrews Missouri, Nebraska, New York, Pennsyl granted will be published in the F ederal (same address as above). Authority vania, Vermont, Wisconsin, and West R egister and issuance of a certificate sought to operate as a common carrier, Virginia; restricted to the transportation by motor vehicle, over irregular routes, in this proceeding will be withheld for a period of 30 days from the date of such of shipments originating at the said transporting : Dry chemicals, in bulk, in plantsite and destined to points in the tank or hopper-type vehicles, from New publication, during which period any proper party in interest may file a peti named destination states. Because it is York, N.Y., to points in Connecticut, Del possible that other persons, who have aware, Maine, Maryland, Massachusetts, tion to reopen or for other appropriate relief setting forth in detail the precise relied upon the notice of the application New Hampshire, New Jersey, New York, as published may have an interest in and Ohio, Pennsylvania, Rhode Island, Ver manner in which it has been so preju diced. would be prejudiced by the lack of proper mont, Virginia, West Virginia, and the notice of the authority described in the District of Columbia. N o t e : The purpose No. MC 126149 (Sub-No. 1) (Republi findings in this order, a notice of the i this republication is to reflect the cation) , filed May 10, 1967, published in authority actually granted will be pub hearing Information. F ederal R egister issue of May 25, 1967, lished in the F ederal R egister and is June 6, 1968, at the offices and republished this issue. Applicant: suance of a certificate in this proceeding i«~if* ierst®>te Commerce Commission, DENNY MOTOR FREIGHT, INC., 201 will be withheld for a period of 30 days ashmgton, D.C., before Examiner Ellen Court, New Albany, Ind. 47150. from the date of such publication, dur George P. Morin. Applicant’s representative: Donald W. ing which any proper party in interest FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7842 NOTICES may file a petition to reopen or for other and order of the Commission, Operating points within 10 miles of said route; (9) appropriate relief setting forth in de Rights Board, served May 9, 1968, finds from Sacramento over U.S. Highway tail the precise manner in which it has that operation by applicant in interstate 99E and 99W, and 99, to Redding, Calif., been so prejudiced. or foreign commerce, as a contract car and points within 20 miles of said route, No. MC 128966 (Sub-No. 1) (Republi rier by motor vehicle, over irregular and serving off-route points within a cation), filed March 27, 1967, published routes, of ore and ore concentrates from radius of 25 miles of Redding; (10) from F ederal R egister issue of April 13, 1967, the facilities of the Ozark Lead Co., near Alturas, Calif., over U.S. Highway 299 to and republished this issue. Applicant: Corridon, Mo., to Glover and Buick, Mo., Areata, Calif., and-points within 20 miles METROPOLITAN CARTAGE AND under a continuing "contract with Ozark of said route; (11) from Bartle, Calif., LEASING, INC., 1005 St. Louis Avenue, Lead Co., of Ellington, Mo., will be con over California Highway 89 to junction Kansas City, Mo. Applicant’s representa sistent with the public interest and the U.S. Highway 299 and points within 10 tive: Tom B. Kretsinger, 450 Professional national transportation policy; that ap miles of said route; (12) from Oroville, Building, Kansas City, Mo. 64106. In the plicant is fit, willing, and able properly Calif., over California Highway 70 to above-entitled proceeding, the examiner to perform such service and to conform Pulga, Calif., and points within 10 miles recommended the granting to applicant a to the ^requirements of the Interstate of said route; (13) from Areata over certificate of public convenience and Commerce Act and the Commission’s U.S. Highway 101 to Scotia, Calif., and necessity, authorizing operation in inter rules and regulations thereunder. Be points within 10 miles of said route; (14) state or foreign commerce as a common cause it is possible that other persons, from Williams Calif., over California carrier by motor vehicle, over irregular who have relied upon the notice of the Highway 20 to Upper Lake, Calif., and routes, of the commodities, to, and from application as published may have an points within 3 miles of said route; (15) points substantially as indicated below. interest in and would be prejudiced by from Upper Lake over California High A decision and order of the Commission, the lack of proper notice of the authority way 29 to Middletown, Calif., and points Division 1, dated May 8, 1968, and served described in the findings in this order, within 3 miles of said route; (16) from May 21, 1968, as modified, finds that the a notice of the authority actually granted Lower Lake, Calif., over California High present and future public convenience will be published in the F ederal R egister way 53 to junction California Highway and necessity require operation by ap and issuance of a permit in this proceed 20 and points within 3 miles of said plicant, in interstate or foreign com ing will be withheld for a period of 30 route; (17) from junction California merce, as a common carrier by motor days from the date of such publication, Highway 175 and California Highway vehicle, over irregular routes, of meats, during which period any proper party 29 at a point approximately 5 miles meat products and meat "byproducts, and in interest may file a petition to reopen south of Kelseyville, Calif., over Cali articles distributed by meat packing or for other appropriate relief setting fornia Highway 175 to Middletown houses as described in sections A and C forth in detail the precise manner in 1 and points within 3 miles of said of appendix I to the report in Descrip which it has been so prejudiced. route; (18) from San Francisco over U.S. Highway 101 to Scotia, serving tion in Motor Carrier Certificates, 61 A pplications for Certificates or Per M.C.C. 209 and 766, and frozen foods, no intermediate points except as other- m its W hich A re T o B e Processed Con . wise authorized; (19) from San Fran except hides, pelts, and commodities in currently W ith Applications Under bulk, in tank vehicles, from points in cisco over Highway 101 to Hopland, S ection 5 G overned by Special R ule Calif., thence oyer unnumbered highway Kansas City, Mo.-Kans., commercial 1.240 to the Extent Applicable zone, as defined by the Commission, to to junction California Highway 29 near points in Missouri on and west of U.S. No. MC 98327 (Sub-No. 4) (Amend Finley, Calif., serving no intermediate Highway 63, restricted to the transporta ment) , filed August 11,1967, published in points except as otherwise authorized. tion of shipments destined to points in the F ederal R egister issue of September (20 > From Vallejo, Calif., over Califor the destination territory; that applicant 13, 1968, amended and republished as nia Highway 29 to Middletown, serving is fit, willing, and able properly to per amended this issue. Applicant: INTER- no intermediate points except as other form such service and to conform to the LINES-BLANKEN SHIP MOTOR EX wise authorized; (21) from Holtville, requirements of the Interstate Commerce PRESS, a corporation, 2600 Eighth Calif., over U.S. Highway 80 to San Act and the Commission’s rules and regu Street, Berkeley, Calif. 94710. Applicant’s Diego, Calif., and points within 5 miles lations thereunder. Because it is possible representative: Bertram S. Silver, 140 of said route; (22) from Westmoreland, that other parties who have relied upon Montgomery Street, San Francisco, Calif., over U.S. Highway 99 to Calexico, the notice of the application as pub Calif. 94704. Authority sought to operate Calif., and points within 5 miles of said lished, may have an interest in and as a common carrier, by motor vehicle, route; (23) from Niland, Calif., over would be prejudiced by the lack of proper over regular routes, transporting: (A) California Highway 111 to Brawley, notice of the authority described in the General commodities, except those of Calif., and points within 5 miles of said findings in this order, a notice of the unusual value, household goods as de route; (24) from Calexico over California authority actually granted will be pub fined by the Commission, commodities in Highway 98 to junction U.S. Highway 80 lished in the F ederal R egister and bulk, motor vehicles, and livestock, be near Coyote Wells, Calif., and points issuance of a permit in this proceeding tween points in California, as follows: within 5 miles of said route; (25) from will be withheld for a period of 30 days (1) From San Ysidro, Calif.,, over U.S. Wheeler Ridge, Calif., over Interstate from the date of such publication, during Highway 101 to San Rafael* Calif.; and Highway 5 to junction U.S. Highway 50 which period any proper party in interest points within 25 miles of said route; (2) near Tracy, Calif., serving no interme may file a petition to reopen or for other From Los Angeles, Calif., over U.S. High diate points, except as otherwise author appropriate relief setting forth in detail way 99 to Sacramento, Calif., and points ized; (26) from Gilroy, Calif., over Cali the precise manner in which it has been within 25 miles of said route; (3) from fornia Highway 152 to junction U.S. so prejudiced. Los Angeles over U.S. Highway 66 to Sari Highway 99 near Chow7chilla, Calif., No. MC 129605 (Sub-No. 1) (Republi Bernardino, Calif., and points within 25 serving no intermediate points except as cation), filed January 19, 1968, published miles of said route; (4) from Los Angeles otherwise authorized;. (27) from San F ederal R egister issue of February 1, over Interstate Highway 10 to Beaumont, Lucas, Calif., over California Highway 1968, and republished this issue. Appli Calif., and points within 25 miles of said 198 to junction U.S. Highway 99 near cant: RAY JOHSON, INC., Post Office route; (5) from Los Angeles over U.S. Goshen, Calif., serving no intermediate Box 254, Ellington, Mo. 63638. Appli Highway 60 to Riverside, Calif., and points except as otherwise authorized; cant’s representative: Clinton B. Roberts, points within 25 miles of said route; (6) (28) from Paso Robles, Calif., over Cali 8 South Jefferson Street, Farmington, from San Francisco, Calif., over U.S. fornia Highway 46 to Famoso, Calif., Mo. 63640. By application filed Janu Highway 50 to Sacramento and points serving no intermediate points except as ary 19, 1968, applicant seeks a permit au within 10 miles of said route; (7) from otherwise authorized; (29) from junction thorizing operations, in interstate or for Pinole, Calif., over California Highway U.S. Highway 101 near Santa Maria, eign commerce, as a contract carrier by 4 to Stockton, Calif., and points within Calif., over California Highway 166 to motor vehicle, over regular routes, of the 10 miles of said route. junction U.S. Highway 99 over Wheeler commodities from and to the points sub (8) from San Francisco over Inter Ridge, serving no intermediate points stantially as indicated below. A report state Highway 80 to Roseville, Calif., and except as otherwise authorized; (30) FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7843 from Ventura, Calif., over California nardino National Forest boundary to easterly along East Parr Avenue to- the Highway 33 to junction U.S. Highway 50 the county road known as Mill Creek Southern Pacific Co. right-of-way; near Banta, Calif., serving no intermedi Road; westerly along Mill Creek Road southerly along the Southern Pacific Co. ate points except as otherwise author to the county road 3.8 miles north of right-of-way to the Campbell-Los Gatos, ized. Yucaipa, Calif., southerly along said Calif., city limits; easterly along said (31) From Redding over U.S. High county road to and including the unin limits and the prolongation thereof to way 99 to junction California Highway corporated community of Yuciapa; west the San Jose-Los Gatos Road; north 39 near Mount Shasta, Calif., serving no erly along Redlands Boulevard to U.S. easterly along San Jose-Los Gatos Road intermediate points except as otherwise Highway 99; northwesterly along U.S. to Foxworthy Avenue; easterly along authorized; (32) from junction U.S. Highway 99 to the corporate boundary Foxworthy Avenue to Alamaden Road; Highway 99 near Mount Shasta over of Redlands, Calif., westerly and north southerly along Alamaden Road to Hills California Highway 89 to Bartle, serving erly along said corporate boundary to dale Avenue; easterly along Hillsdale no intermediate points except as other Brookside Avenue; westerly along Brook- Avenue to U.S. Highway 101; northwest wise authorized, and return over the same side Avenue to Barton Avenue; westerly erly along U.S. Highway 101 to Tully routes serving all intermediate points along Barton Avenue and its prolonga Road; northeasterly along Tully Road to not expressly excluded herein. (B) Gen tion to Palm Avenue; westerly along White Road; northwesterly along White eral commodities (except classes A and Palm Avenue to La Cadena Drive; south Road to r McKee Road; southwesterly B explosives^ commodities of unusual westerly along La Cadena Drive to Iowa along McKee Road to Capitol Avenue; value, household goods as defined by the Avenue; southerly along Iowa Avenue to northwesterly along Capitol Avenue to Commission, commodities in bulk, com U.S. Highway 60; southwesterly along California Highway 17 (Oakland R oad); modities requiring special equipment and U.S. Highways 60'and 395 to the county northerly along California Highway 17 motor vehicles), (1) between Los Ange road approximately 1 mile north of to Warm Springs, northerly along the les, Indio, and Riverside, Calif., on the Perris, Calif., easterly along said county unnumbered highway by way of Mission one hand, and, on the other, points be road by way of Nuevo and Lakeview, San Jose and Niles to Hayward; north tween Indio and Blythe, CalifM on U.S. Calif., to the corporate boundary of San erly along Foothill Boulevard to Semi Highway 60; from Los Angeles, over U.S. Jacinto, Calif., easterly, southerly, and nary Avenue; easterly along Seminary Highway 60 to Blythe, Calif., serving the westerly along said corporate boundary Avenue to Mountain Boulevard; north off-route points in California within 25 to San Jacinto Avenue; southerly along erly along Mountain Boulevard and miles of Blythe; (2) between Los Ange said San Jacinto Avenue to California Moraga Avenue to Estates Drive; west les, Indio, and Riverside, Calif., on the Highway 74; westerly along State High erly along Estates Drive, Harbord Drive, one hand, and, on the other, points on way 74 to the corporate boundary of and Broadway Terrace to College Ave UJ3. Highways 60 and 86 and California Hemet, Calif., southerly, westerly, and nue; northerly along College Avenue to Highways 111 and 115 between Beau northerly along said corporate boundary Dwight Way; easterly along Dwight Way mont, Calif., and the Califomia-Mexican to the right-of-way of The Atchinson, to the Berkeley-Oakland boundary line; international boundary line; (a) from Topeka & Santa Fe Railway Co.; south northerly along said boundary line to Los Angeles, over U.S. Highway 60 to westerly along said right-of-way to the campus boundary of the University Beaumont, Calif., thence over U.S. High Washington Avenue, southerly along of California; northerly and westerly way 60 to junction California Highway Washington Avenue, through and in along the campus boundary of the Uni 86 south of Indio, thence over California cluding the unincorporated community versity of California to Euclid Avenue; Highway 86 to the California-Mexican of Winchester to Benton Road; westerly northerly along Euclid Avenue to Marin international boundary line, and return along Benton Road to the county road Avenue; westerly along Marin Avenue to over the same routes; (b) also over Cali intersecting U.S. Highway 395, 2.1 miles Arlington Avenue; northerly along Ar fornia Highway 111 from junction near north of the unincorporated community lington Avenue to U.S. Highway 40 (San Whitewater, Calif., to the California- of Temecula, Calif., southerly along said Pablo Avenue); northerly along U.S. Mexican international boundary line; county road intersecting U.S. Highway Highway 40 to and including Richmond, (c) also over California Highway 115 395,2.1 miles north of the unincorporated Calif., southwesterly along the highway from Calipatria, Calif., to California- community of Temecula, Calif., southerly extending from Richmond to Point Rich Mexican international boundary line. along said county road to UJS. Highway mond; southerly along an imaginary line (3) Between Boulder Park, Calif., and 395; southeasterly along U.S. Highway from Point Richmond to the San Fran Winterhaven, Calif,, from Boulder 395 to the Riverside County-San Diego cisco Waterfront at the foot of Market Park, over Interstate Highway 8 by way County boundary line; westerly along Street; westerly along said waterfront of Holtville, Calif, (also over California said boundary line to the Orange County- and shore line to the Pacific Ocean; 98 by way of Calexico, Calif.) to Winter- San Diego County boundary line; south southerly along the shoreline of the Pa haven, and return over the same routes, erly along said boundary line to the Pa cific Ocean to point of beginning, and serving all intermediate points. Irregular cific Ocean; northwesterly along the servicing points within 25 miles of the routes: (c) General commodities except shoreline of the Pacific Ocean to points boundaries of the above-described area. those of unusual value, household goods of beginning, and servicing points within (3) Between points in California as defined by the Commission, com 25 miles of the boundaries of the above- within an area bounded by a line be modities in bulk^ motor vehicles, and described area. ginning at the northerly junction of livestock, (l) between points in Cali (2) Between points in California (inU.S. Highways 101E and 101W (4 miles fornia within an area bounded by a line cluding the city of San Jose) within an north of La Jolla); thence easterly to beginning at the point the Ventura area bounded by a line beginning at the Miramar on U.S. Highway 395; thence County-Los Angeles County boundary point the San Francisco-San Mateo southeasterly to Lakeside on the El line intersects the Pacific Ocean; thence County boundary line meets the Pacific Cajon-Ramona Highway (California northeasterly along said county line to Ocean; thence easterly along said bound Highway 67); thence southerly to Bos- junction California Highway 118, ap ary line to a point 1 mile west of U.S. tonia on U.S. Highway 80; thence south proximately 2 miles west of Chatsworth; Highway 101; southerly along an imag easterly to Jamul on California Highway easterly along California Highway 118 inary line 1 mile west of and paralleling 94; thence due south to the international Jo Sepulveda Boulevard to Chatsworth US. Highway 101 to junction Southern boundary line, between the United States unve; northeasterly along Chatsworth Pacific Co. right-of-way at Arastradero and Mexico west to the Pacific Ocean r'rive to the corporate boundary of Road ; southeasterly along the Southern and north along the coast to point of ban Fernando, Calif., westerly and Pacific Co. right-of-way of Pollard Road, beginning, and serving points within 5 northerly along said corporate boundary including industries served by the South miles of the boundaries of the above- Sir ™ Clay Avenue; northeasterly along ern Pacific Co. spur line extending ap described area; (4) authority to serve Mcciay Avenue and its prolongation to proximately 2 miles southwest from Indio and Calipatria, Calif., and points ;ne, Angeles National Forest boundary; Simla to Permanente; easterly along on or near the California-Mexican inter southeasterly and easterly along the Pollard Road to West Parr southerly national border as included in the said hngeles National Forest and San Ber along Capri Drive to East Parr Avenue; Regular Route Authority hereinabove FEDERAL REGISTER, VOL. 33, NO. 105— WEDNESDAY, MAY 29, 1968 7844 NOTICES described shall include authority to serve MC-F-9818, published F ederal R egister rials used in the production thereof, from off-route points in the following de issue of July 26, 1967. If a hearing is Newcomerstown, and Coshocton; Ohio, to scribed territory; beginning at Coachella, deemed necessary, applicant requests it points in Ohio, Michigan, Indiana, and Calif., thence southeast to the Main All be held at Omaha, Nebr., or Washington, Pennsylvania; cast iron pipe, cast iron American Canal—Coachella Branch to D.C. pipe fittings, cast iron manhole covers, Winterhaven, Calif., thence south to the pig lead, and jute caulking, from New A pplications U nder S ections 5 and comerstown and Coshocton, Ohio, to California-Mexican international bound 210a(b) ary, thence westerly along the said points in West Virginia and Illinois; boundary line between the United States The following applications are gov scrap iron, pig iron, and returned ship and Mexico to junction Imperial-San erned by the Interstate Commerce Com ments of cast iron pipe and fittings, Diego County line, thence north along the mission’s special rules governing notice from points in West Virginia, and Illinois, Imperial-San Diego County line to junc of filing of applications by motor car to Newcomerstown and Coshocton, Ohio;_ tion California Highway 86, thence riers of property or passengers under sec radiators, from Newcomerstown and Co north on California Highway 86 to tions 5(a) and 210a(b) of the Interstate shocton, Ohio, to Chicago, 111.; cast iron Coachella, the point of beginning. Commerce Act and certain other pro pipe and cast iron pipe fittings, from Co- - (D) General commodities for mail ceedings with respect thereto. (49 CFR shocton, Ohio, to points in New York, order houses and their retail stores be 1.240.) with restriction; cast iron pipe, cast iron pipe fittings, iron fire hydrants, iron body tween points in California as follows: MOTOR CARRIERS OF PROPERTY Antioch, Auburn, Bakersfield, Chico, valves, iron valve boxes, lubricants, Coalinga, Concord, Corte Madera, Duns- No. MC-F-10128. Authority sought for nuts, bolts, and plastic or rubber gas muir, Eureka, Fremont, Fresno, Gilroy, purchase by MIDDLE ATLANTIC kets, from Coshocton, Ohio, to points Grass Valley, Hanford, Healdsburg, TRANSPORTATION CO., INC., 976 in Kentucky and Tennessee, with re Livermore, Lodi, Lompoc, Los Banos, Los West Main Street, New Britain, Conn. striction; and iron fire hydrants, body Gatos, Madera, Martinez,. Marysville, 06050, of the operating rights of SUTER, valves, iron valve boxes, lubricants, Merced, Mill Valley, Modesto, Petaluma, INC., 33680 Bainbridge Road, Solon, nuts, bolts, and plastic or rubber gaskets, Pittsburg, Pomona, Porterville, Red Bluff, Ohio 44139, and for acquisition by from Coshocton, Ohio, to points in Ohio, Redding, Riverside, Roseville, Sacra FRANCIS G. PALMER, 6575 West Michigan, Indiana, Pennsylvania, West mento, Salinas, San Diego, San Luis Vemor Highway, Detroit, Mich., of con Virginia, Illinois, and New York, with re Obispo, San Rafael, Santa Ana, Santa trol of such rights through the purchase. striction. Vendee is authorized to op Barbara, San Bernardino, Santa Cruz, Applicants’ attorney: John C. Bradley, erate as a commoh carrier in Illinois, Santa Rosa, Stockton, Taft, Tracy, Tu 618 Perpetual Building, Washington, Connecticut, Delaware, Indiana, Maine, lare, Turlock, Ukiah, Vacaville, Vallejo, D.C. 20004. Operating rights sought to Maryland, Massachusetts, Michigan, New Monterey, Ventura, Napa, Visalia, Na be transferred: General commodities, Hampshire, New Jersey, New York, North tional City, Walnut Cyeek, Oroville, except those of unusual value, classes A Carolina, Ohio, Pennsylvania, Rhode Watsonville, Oxnard, Woodland, Paso and B explosives, livestock, household Island, South Carolina, Vermont, Vir Robles, Yreka, Oakland (and points goods as defined by the Commission, ginia, West Virginia, and the District of within 50 miles of Oakland) and points commodities in bulk, commodities re Columbia; and as a contract carrier in within the irregular route areas author quiring special equipment, and those in Iowa, Kentucky, Missouri, Pennsylvania, ized to be served in the preceding section. jurious or contaminating to other lad Connecticut, Delaware, Maryland, Mas- , Regular Routes: (E) Lumber and forest ing, as a common carrier over a regular sachusetts, New Jersey, New York,- Ohio, route, between Chagrin Palls, Ohio, and Rhode Island, Virginia, West Virginia, products between points in California as Maine, New Hampshire, Vermont, follows: Serving all points on and within Cleveland, Ohio, serving all intermediate points; and under a certificate of regis Illinois, Indiana, Michigan, North Caro 15 miles of U.S. Highway 101 between lina, Tennessee, South Carolina, Wiscon Eureka and the Califomia-Oregon State tration, in Docket No. MC-61117 Sub-3, covering the transportation of property, sin, and the District of Columbia. line, as off-route points. N o t e : Dupli as a common carrier, in intrastate com Application has not been filed for tem cating authority to be eliminated. The porary authority under section 210a(b). purpose of this republication is to set for merce, within the State of Ohio. Vendee the authority sought. This amendment is is authorized to operate as a common No. MC-F-10130. Authority sought for directly related to MC-F-9857 and MC- carrier in New York, Michigan, New purchase by MOSS TRUCKING COM PANY, INC., 3027 North Tryon Avenue, F-9859, published in the F ederal R eg Jersey, Pennsylvania, Ohio, Connecticut, Massachusetts, and Rhode Island. Ap Charlotte, N.C. 28208, of a portion of the ister issue of August 23, 1967. If a hearing is deemed necessary, applicant plication has been filed for temporary operating rights of HOFFMAN RIG requests it be held at Los Angeles, Calif. authority under section 210a(b). N o t e : GING & CRANE SERVICE, INC., 560 Docket No. MC-44592 Sub-27 is a matter Cortlandt Street, Belleville, N.J. 07109, No. MC 124211 (Sub-No. 115), filed directly related. and for acquisition by T. BRAGG Mc- May 13, 1968. Applicant: HILT TRUCK No. MC-F-10129. Authority sought for LEOD, also of Charlotte, N.C., of control LINE, INC., 2648 Cornhusker Highway, purchase by GEORGE W. KUGLER, of such rights through the purchase. Post Office Box 824, Lincoln, Nebr. 68501. INC., 2800 East Waterloo Road, Akron, Applicants’ attorney and representative: Applicant’s representative: Thomas L. Ohio 44312, of the operating rights of Morton E. Kiel, 140 Cedar Street, New Hilt (same address as above). Authority WARD E. LANNING, INC., 1957 South York, N.Y. 10006, and Richard L. sought to operate as a common carrier, Sixth Street, Coshocton, Ohio, and for Amster, 11 Commerce Street, Newark, by motor vehicle, over irregular routes, acquisition by GEORGE W. KUGLER, N.J. Operating rights sought to be trans transporting: (1) Oils, greases, petro also of Akron, Ohio, of control of such ferred: Commodities which because of leum products, antifreeze, dispensers, rights through the purchase. Applicants’ size or weight require the use of special and related articles, from points in attorneys: John P. McMahon, 100 East equipment, and contractors’ materials, Buena Vista and Clay Counties, Iowa, Broad Street, Columbus, Ohio 43215, and supplies, and equipment, moving in con and Douglas County, Nebr., to points in John A. Childers, 40 South Third Street, nection therewith which do not neces the United States, except Hawaii; and Columbus, Ohio 43215. Operating rights sarily require the use of special equip (2) containers, additives, materials, and sought to be transferred: Metal casting, ment, and dining cars, as a common car supplies used in the manufacture, pro as a contract carrier, over irregular rier, Qver irregular routes, between points duction and sale of oils, greases, petro routes, between Coshocton, Ohio, and in the District of Columbia, on the one leum products, antifreeze, dispensers, points within 10 miles of Coshocton, and hand, and, on the other, that part of and related articles, from points in the Newcomerstown, Ohio, and points within Pennsylvania east of the Susquehanna United States, except Hawaii, to points 10 miles of Newcomerstown, on the one River, thé District of Columbia, Con in Buena Vista and Clay Counties, Iowa, hand, and, on the other, points in the necticut, Delaware, Maryland, Massachu and Douglas County, Nebr. N o t e : Appli Chicago, 111., commercial zone, as defined setts, New Jersey, New York, and Rhode cant states it does not seek any duplicat by the Commission; cast iron pipe and Island. Vendee is authorized to operate ing authority. This application is a fittings, cast iron manhole covers, radia as a common carrier in Georgia, Ar matter directly related to Docket No. tors, pig lead, jute caulking, and mate kansas, Kentucky, Illinois, Indiana, FEDERAL REGISTER, VOL. S3, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7845 Louisiana, Mississippi, Missouri, Ten intermediate point of Powell, Wyo., erty. through the transaction. Appli nessee, Alabama, Florida, North Caro restricted to pickup and delivery of live cants’ attorney: Spencer T. Money, Suite lina, South Carolina, Vermont, Virginia, stock, machinery, tractors, hardware, 411, Park Lane Building, 2025 Eye Street West Virginia, Ohio, Connecticut, Dela feed, petroleum products in containers, NW., Washington, D.C. Operating rights ware, Maine, Maryland, Massachusetts, and such building materials as are dealt sought to be controlled and purchased: Michigan, New Hampshire, New Jersey, in by retail lumber establishments; and Textile products, as a common carrier, New York, Pennsylvania, Rhode Island, all other intermediate points and the off- over irregular routes, from certain speci and the District of Columbia. Application route points 'within 15 miles of the above- fied points in North Carolina, to Balti has not been filed for temporary au specified route, restricted to pickup and more, Md., Richmond, Va., Washington, thority under section 210a(b). delivery of livestock only; dried beet D.C., Philadelphia, Pa., and New York, No. MC-F-10132. Authority sought for pulp, over irregular routes, from Billings, N.Y.; building materials, canned goods, purchase by WAI iLACE-COLEV HjLE Mont., to Powell, Wyo., and points within and sugar, from Wilmington, N.C., to MOTOR FREIGHT, INC., 404 North 10 miles of Powell; coal, from mines points within 50 miles of Hamlet, N.C., Sycamore, Post Office Box 1451, Spokane, within 3 miles of Bearcreek, Mont., to including Hamlet; canned goods, sugar, Wash. 99202, of the operating rights Powell, Wyo.; cement and plaster, from and spray materials, from Charleston, and property of OSCOR W. NELSON Trident and Hanover, Mont., to points in' S.C., to points within 50 miles of Hamlet, AND JOHN L. NELSON, doing business Park and Big Horn Counties, Wyo., N.C., including Hamlet; general com as NELSON TRANSPORTATION COM beans, peas, and empty sacks, between modities, except classes A and B explo PANY, AND COEUR D’ALENE MOTOR Powell, Wyo., on the one hand, and, on sives, household goods as defined by the FREIGHT, 311 North Second, Coeur the other, certain specified points in Commission, and commodities requiring d’Alene, Idaho 83814, and for acquisition Montana; livestock, between certain special equipment, from New York, N.Y., by OSCAR H. WILLIAMS, 3421 South specified points in Montana, on the one Washington, D.C., Richmond, Va., Man- Altamont, Spokane, Wash., of control of hand, and, on the other, points iii Park ville, N.J., York, Pa., Baltimore, Md., and such rights and property through the and Big Horn Counties, Wyo. points within 10 miles of Baltimore, to purchase. Applicants’ attorneys: William Uranium ore, in bulk, from certain points within 50 miles of Hamlet, N.C., B. Adams, 624 Pacific Building, Portland, specified points in Montana, to the including Hamlet; general commodities, Oreg. 97204, and Joseph L. Thomas, 711 Riverton Uranium Buying Station at except classes A and B explosives, house Old National Bank Building, Spokane, Riverton, Wyo., between certain specified hold goods as defined by the Commission, Wash. 99201. Operating rights sought points in Montana, restricted to ship commodities requiring special equipment, to be transferred: General commodities, ments having an immediately subsequent brick, dlay products, fertilizer, and fresh excepting, among others, household movement by railroad to points beyond fruits and vegetables, between points goods and commodities in bulk, as a Montana, between points in Carbon within 50 miles of Hamlet, N.C., includ common carrier, over regular routes County, Mont., and points in Park and ing Hamlet; fresh fruits and vegetables, between Coeur d’Alene, Idaho, and St. Big Horn Counties, Wyo., for further between points in North Carolina and Maries, Idaho, serving all intermediate movement in interstate commerce of rail; South Carolina, from points in North points except that no service is author livestock, emigrant movables, agricul Carolina and South Carolina, to New ized in the transportation of beer and tural commodities, machinery and York, N.Y., Newark and Elizabeth, N.J., containers, groceries, and newspapers machinery parts, farm equipment, build Philadelphia, Pa., Baltimore and Fred between Coeur d’Alene and points on ing materials, pipe, seed, and livestock erick, Md., Washington, D.C., and Nor US. Highway 95 north of Worley, Idaho, feed, between certain specified points in folk and Richmond, Va., including points and between Coeur d’Alene and points Wyoming; livestock and emigrant mov in the respective commercial zones of the north of St. Maries on Alternate U.S. ables, between certain specified points in above-named destination points; and Highway 95; mail, newspapers, and Wyoming, on the one hand* and, on the brick, clay products, and fertilizer, be express, between Spokane, Wash., and other, points in Colorado, Idaho, Mon tween points within 100 miles of Hamlet, Mullan, Idaho, serving all intermediate tana, Nebraska, and Utah; machinery N.C., including Hamlet. VIRGINIA- points in Idaho, and the off-route point and related machinery parts when their CAROLINA FREIGHT LINES, INCOR of Burke, Idaho; and beer and contain transportation is incidental to the trans PORATED, is authorized to operate as ers, groceries, and newspapers, between portation of machinery, and agricultural a common carrier in South Carolina, Spokane, Wash., and Coeur d’Alene, commodities, in bulk, between certain Virginia, North Carolina, Georgia, Ten Idaho, with no service between inter specified points in Wyoming, on the one nessee, Maryland, West Virginia, Penn mediate points, between Coeur d’Alene, hand, and, on the other, points in Mon sylvania, and the District of Columbia. Idaho, and all points north of Worley, tana; building material and pipe, be Application has been filed for temporary Idaho, between Coeur d’Alene, Idaho, tween certain specified points in authority under section 210a(b>. and all points north of St. Maries, Idaho. Wyoming, on the one hand, and, on the No. MC-F-10135. Authority sought Vendee is authorized to operate as a other, points in Montana, except Billings, for merger into WATKINS CARO common carrier in Washington and Mont.; and seed, livestock feed, and agri LINA EXPRESS, INC., Post Office Idaho. Application has not been filed for cultural commodities, except those in Box 10188, Federal Station, Green temporary authority under. section bulk, between certain specified points in ville, S.C. 29603, of the operating 210^0». Wyoming, on the one hand, and, on the rights and property of SOUTHERN EXPRESS, INC., Post Office Box No. MC-F-10133. Authority sought for other, points in Montana. Vendee is authorized to operate as a common car 10188, Federal Station, Greenville, S.C. Purchase by DICK JONES TRUCKING, 29603, and for acquisition by WATKINS Post Office Box 965, Powell, Wyo. 82435, rier in Wyoming, Montana, Colorado, Washington, Nebraska, South Dakota, MOTOR LINES, INC., 1120 West Griffin of a portion of the operating rights and Road, Lakeland, Fla. 33801, and, in turn certain property of J. W. COCKBURN, Idaho, North Dakota, and Utah. Appli by BILL WATKINS, Post Office Box 1738, doing business as COCKBURN COM cation has not been filed for temporary Atlanta, Ga. 30301, of control of such PANY, 556 Shoshone Street, Powell, authority under section 210a (b). rights and property through the trans Wyo. 82435, and for acquisition by No. MC-F-10134. Authority sought action. Applicants’ attorney and repre RICHARD R. JONES, also of Powell, for control by VIRGINIA-CAROLINA sentatives: Paul M. Daniell, Suite 1600, Wyo., of control of such rights and FREIGHT LINES, INCORPORATED, First Federal Building, Atlanta, Ga. Property through the purchase. Appli Post Office Box 832, Martinsville, Va. 30303, Bill Watkins, Post Office Box 1738, cants’ representative: Richard R. Jones, 24112, of JOHNSON’S EXPRESS, INC., Atlanta, Ga. 30301, and George W. Clapp, Post Office Box 965, Powell, Wyo. 82435. Post Office B'ox 571, Sanford, N.C., and Post Office Box 10188, Greenville, S.C. Operating rights sought to be trans for purchase by VIRGINIA-CAROLINA 29603. Operating rights sought to be ferred: General commodities, excepting, FREIGHT LINES, INCORPORATED, of merged: General commodities, except among others, household goods and com the operating rights of JOHNSON’S those of unusual value, classes A and B modities in bulk, as a common carrier, EXPRESS, INC., and for acquisition by explosives, dairy products, livestock, over a regular route, between Meeteetse, JAMES C. STONE, also of Martinsville, acids, household goods as defined by the Wyo., and Billings, Mont., serving the Va., of control of such rights and prop Commission, commodities in bulk, and FEDERAL REGISTER, VOL 33, NO. 105—WEDNESDAY, MAY 29, 1968 No. 105—Pt. 7846 NOTICES those requiring special equipment, as a TRANSPORTS, INC., Post Office Box CORPORATED, doing business as THE common carrier, over irregular routes, 2696, De Soto Station, Memphis, Tenn. SHORT LINE, 667 Cromwell Avenue, from points in New York in the New 38102, of the operating rights and prop Rocky Hill, Conn., and for acquisition York, N.Y., commercial zone as defined erty of HYMAN MOTOR SERVICE CO., by LOUIS A. DE VIVO and EDWARD P. by the Commission, Baltimore, Md., and 425 South Sixth Street, Post Office Box DE VIVO, both also of New Britain, certain specified points in New Jersey, to 508, Quincy, 111. 62301, and for acquisi Conn., of controLofsuch rights through certain specified points in North Caro tion by M. M. GORDON, 4271 Montrose, the purchase. Applicants’ attorneys: lina ; general commodities, excepting, Memphis, Tenn., A. W. GORDON, JR., Thomas W. Murrett, 410 Asylum Street, among others, household goods and com 4679 Walnut Grove, Memphis, Tenn., Hartford, Conn. 06103, and Reubin modities in bulk, between Greenville, JOHN K. GORDON, 3910 Paula Drive, Kaminsky, 410 Asylum Street, Hartford, S.C., on the one hand, and, on the other, Memphis, Tenn., ESTHER G. CATO, 329 Conn. 06103. Operating rights sought to points within 15 miles of Atlanta, Ga., Clawson Cove, Memphis, Tenn., MARY be transferred: Passengers and their between points in Mecklenburg County, G. CONAWAY, 3925 South Galloway baggage, and express, mail, and news N.C., between Charlotte, N.C., on the one Drive, Memphis, Tenn., and ESTATE papers, in the same vehicle with passen hand, and, on the other, certain specified OF A. W. GORDON, SR., 185 West gers, and baggage of passengers in a points in South Carolina and North McLemore, Memphis, Tenn., of con separate vehicle, as a common carrier, Carolina; textile products, from Gas trol of such rights and property through over a regular route, between Hartford, tonia, N.C., and points within 10 miles the transaction. Applicants’ attorney; Conn,, and Springfield, Mass., serving of Gastonia, to points in New York in James W. Wrape, 2111 Sterick Build all intermediate points. Restriction: the New York, N.Y., commercial zone as ing, Memphis, Tenn, 38103. Operat Service under the authority granted defined by the Commission, Baltimore, ing rights sought to be (1) transferred; herein shall be restricted against the Md., and certain specified points in and (2) controlled and merged: (1) Gen transportation of passengers and their Pennsylvania and New Jersey. eral commodities, excepting, among baggage, and express and newspapers, Cotton, between points in North Caro others, household goods and commodities in the same vehicle with passengers (1) lina and South Carolina; cotton waste, in bulk, as a common carrier, over a regu originating at Springfield, Mass., and between points within 5 miles of Gas lar route, between Minneapolis, Minn., destined to or terminating at New tonia, N.C., including Gastonia and those and Keokuk, Iowa, serving all intermedi London or Norwich, Conn., and (2) within 5 miles of Charlotte, N.C., includ ate points in Iowa on U.S. Highway 218 originating at New London or Norwich, ing Charlotte, on the one hand, and, on between Charles City, Iowa, and Keokuk, Conn., and destined to or terminating the other, points in South Carolina with Iowa, including Charles City, and the off- at Springfield, Mass. Vendee is authorized in 125 miles of Gastonia, and those in route point of Chemolite, Minn.; and (2) to operate as a common carrier in Con South Carolina within 125 miles of Char General commodities, excepting among necticut, Massachusetts, New Jersey, lotte; cotton yam (or warps), from Gas others, household goods and commodi New York, and Rhode Island. Applica tonia, N.C., and points within 5 miles ties in bulk, as a common carrier, over tion has been filed for temporary au thereof, to Graniteville and Woodruff, regular routes, between Quincy, 111., and thority under section 210a (b). S.C., and points within 5 miles of Gran St. Louis, Mo., serving points in the St. No. MC-F-10138. Authority sought iteville, from Clover, S.C., to Gastonia, Louis, Mo.-East St. Louis, 111., commer for purchase by THE SHORT LINE, N.C., and points within 5 miles thereof, cial zone as defined by the Commission INC., 1 Sabin Street, Providence, R.I., of between Gastonia, N.C., and points with (which includes East St. Louis and Mon the operating rights and property of in 5 miles thereof, on the one hand, and, santo, 111.), between Quincy, 111., and SHORE LINE BUS COMPANY, 25 on the other, certain specified points in Macomb, 111., serving all intermediate River Street, West Warwick, R.I., and South Carolina; empty warps and cases, points, and certain off-route points; over for acquisition by GEORGE M. SAGE, from Graniteville and Woodruff, S.C., one 'alternate route for operating con also of Providence, R.I., of control of and points within 5 miles of Graniteville, venience only. GORDONS TRANS such rights and property through the to Gastonia, N.C., and points within 5 PORTS, INC., is authorized to operate purchase. Applicants’ attorney: S. Har miles of Gastonia, between Gastonia, as a common carrier in Illinois, Tennes rison Kahn, 733 Investment Building, N.C., and points within 5 miles thereof, see, Missouri, , Indiana, Mississippi, Washington, D.C. 20005. Operating on the one hand, and, on the other, cer Louisiana, Alabama, Kentucky, Georgia, rights sought to be transferred: Passen tain specified points in South Carolina; Arkansas, Oklahoma, and Texas. Appli gers and their baggage, and express, mail, textile waste materials and used "bagging, cation has been filed for temporary au and newspapers in the same vehicle with and textile waste materials and cotton thority under section 210a(b). passengers, as a common carrier, over which are within the exemption of sec No. MC-F-10137. Authority sought for regular routes, between Wakefield, R.I., tion 203(b) (6) of the Interstate Com purchase by A. R. CRAWFORD, doing and Providence, R.I., between Narragan- merce Act, when transported in the same business as CRAWFORD FREIGHT sett Pier, R.I., and Point Judith, RX, vehicle with the commodities specified LINE, 1401 Fifth Avenue SE., Aber between Westerly, R.I., and Jamestown, herein, between points in Alabama, deen, S. Dak. 57401, of a portion of R.I., serving all intermediate points. Georgia, North Carolina, South Carolina, the operating rights of ALL-AMERICAN Vendee is authorized to operate as a Tennessee, and Virginia. WATKINS TRANSPORT, INC., 1500 Industrial common carrier in Rhode Island, Mas CAROLINA EXPRESS, INC., is author Avenue, Sioux Falls, S. Dak. 57104. Ap sachusetts, and Connecticut. Application ized to operate as a common carrier in plicants’ attorneys: James L. Nelson, 325 has been filed for temporary authority North Carolina, South Carolina, and Cedar Street, St. Paul, Minn. 55101, and under section 210a (b). Georgia. Application has not been filed R. G. May, 412 West Ninth, Sioux Falls, for temporary authority under section S. Dak. 57104. Operating rights sought to By the Commission. 210a(b). Note: WATKINS CAROLINA be transferred: General commodities, [seal] H. N eil G arson, EXPRESS, INC., controls SOUTHERN excepting, among others, household goods Secretary. EXPRESS, INC., through ownership of and commodities in bulk, as a common capital stock pursuant to authority carrier, over a regular route, between [F.R. Doc. 68-6360; Filed, May 28, 1968; granted in Docket No. MC-F-9351, effec Aberdeen, S. Dak., and Faith, S. Dak., 8:47 a.m.] tive June 1, 1967, and consummated Au serving certain intermediate and off- gust 28, 1967. route points. Vendee is authorized to [Notice 617] No. MC-F-10136. Authority sought for operate as a common carrier within the (1) purchase by GORDONS TRANS State of South Dakota. Application has MOTOR CARRIER TEMPORARY PORTS, INC., Post Office Box 2696, De not been filed for temporary authority AUTHORITY APPLICATIONS Soto Station, Memphis, Tenn. 38102, of under section 210a(b). M ay 24,1968. a portion of the operating rights of No. MC-F-10131. Authority sought for The following are notices of filing of EUGENE PIKOVSKY, doing business as purchase by DATTCO, INC., 99 Newing FREIGHT TRANSIT CO., 2690 North ton Avenue, New Britain, Conn., of a applications for temporary authority un Prior Avenue, St. Paul, Minn. 55113; and portion of the operating rights of THE der section 210a (a) of the Interstate (2) control and merger by GORDONS SHORT LINE OF CONNECTICUT, IN Commerce Act provided for under the FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7847 new rules of Ex Parte No. MC-67 (49 on the other, Cleveland, Ohio; St. Louis, 60604. Send protests to: Ellis L. Annett, CFR 340) published in the F ederal Mo.; West Helena, Ark.; (2) wearing District Supervisor, Interstate Commerce Register, issue of April 27,1965, effective apparel, loose on hangers, and materials Commission, Bureau of Operations, 677 July 1» 1965. These rules provide that and supplies used in the manufacture Federal Building, Des Moines, Iowa protests to the granting of an application of wearing apparel, between Philadel 50309. must be filed with the field official named phia, Pa., on the one hand, and, on the No. MC 113828 (Sub-No. 147 T A ), filed in the F ederal R egister publication, other, Amsterdam, N.Y.; Atlanta, Ga.; May 22, 1968. Applicant: O’BOYLE within 15 calendar days after the date Greenville, S.C.; Peekskill, N.Y.; Pitts TANK LINES, INCORPORATED, 4848 of notice of the filing of the application field, Mass.; Rutland, Vt.; (3) wearing Cordell Avenue, Washington, D.C. 20014. is published in the F ederal R egister. apparel, loose on hangers, from Phila Applicant’s representative: Fred H. One copy of such protest must be served delphia, Pa., to Hialeah and Miami, Fla.; Daly, 1819 H Street NW„ Washington, on the applicant, or its authorized rep (4) materials and supplies used in the D.C. 20006. Authority sought to operate resentative, if any, and the protests must manufacture of wearing apparel, be as a common carrier, by motor vehicle, certify that such service has been made. tween Philadelphia, Pa., on the one hand, over irregular routes, transporting: The protests must be specific as to the and, on the other, Hialeah and Miami, Titanium dioxide slurry, in bulk, from service which such protestant can and Fla., for 150 days. Supporting shipper: Baltimore, Md., to points in Maryland, will offer, and must consist of a signed The Villager, 19th and Alleghany Ave New Jersey, North Carolina, Ohio, Penn original and six copies. nue, Philadelphia, Pa. 19132. Send pro sylvania, Tennessee, and Virginia, for A copy of the application is on file, tests to: District Supervisor Walter J. 180 days. Supporting shipper: Glidden- and can be examined at the Office of the Grossmann, Bureau of Operations, In Durkee, Division of S.C.M. Corp., Balti Secretary, Interstate Commerce Com terstate Commerce Commission, 970 more, Md. Send protests to: Robert D. mission, Washington, D.C., and also in Broad Street, Newark, N.J. 07102. Caldwell, District Supervisor, Interstate the field office to which protests are to No. MC 61592 (Sub-No. 110 TA), filed Commerce Commission, Bureau of Oper be transmitted. May 21, 1968. Applicant: JENKINS ations, Room 1220, 12th and Constitu TRUCK LINE, INC., 3708 Elm Street, tion Avenue NW., Washington, D.C. M otor C arriers of P roperty Bettendorf, Iowa 52722. Applicant’s rep 20423. No. MC 27817 (Sub-No. 76 T A ), filed resentative: R. Connor Wiggins, Jr., 909 No. MC 114533 (Sub-No. 159 TA), filed May 22,1968. Applicant: H. C. GABLER, One Hundred North Main Building, May 20, 1968. Applicant: BANKERS INC., Rural Delivery No. 3, Chambers- Memphis, Term. 38103. Authority sought DISPATCH CORPORATION, 4970 South burg, Pa. 17201. Applicant’s representa to operate as a common carrier, by motor Archer Avenue, Chicago, 111. 60632. Ap tive: Christian V. Graf, 407 North vehicle, over irregular routes, transport plicant’s representative: Stanley Komosa Front Street, Harrisburg, Pa. 17101. Au ing: Flakeboard, hardboard, vinyl film, (same address as above). Authority thority sought to operate as a common plywood and dimensional lumber, in sought to operate as a common carrier, carrier, by motor vehicle, over irregular straight and in mixed shipments, from by motor vehicle, over irregular routes, routes, transporting: Vinegar, in bulk, Chester, San Diego, Los Angeles, San transporting: (1) Exposed and processed in tank vehicles, from Medina, N.Y., to Francisco, and Oroville, Calif., to Wright film and prints, complimentary replace Muscatine, Iowa, for 180 days. Support City and Union, Mo., for 180 days. Sup ment film, and incidental dealer han ing shipper: H. J. Heinz Co., Post Office porting shipper: Permaneer Corp., dling supplies (except motion picture Box 57, Pittsburgh, Pa. Send protests to: Wright City, Mo. (General Office: 3628 films and materials and supplies used in Robert W. Ritenour, District Supervisor, Laclede Avenue, St. Louis, Mo.) . Send connection with commercial and televi Interstate Commerce Commission, Bu protests to: Chas. C. Biggers, District sion motion pictures), between Chicago reau of Operations, 218 Central Indus Supervisor, Interstate Commerce Com and Mount Vernon, 111., on the one hand, trial Building, 100 North Cameron Street, mission, Bureau of Operations, 332 Fed and on the other, St. Louis, Mo., (2) eye Harrisburg, Pa. 17101. eral Building, Davenport, Iowa 52801. glasses, frames, lenses, and parts thereof, No. MC 38320 (Sub-No. 12 TA), filed No. MC 85255 (Sub-No. 30 T A ), filed between Chicago, 111., on the one hand, May 21, 1968. Applicant: CENTRAL MO May 22,1968. Applicant: PUGET SOUND and, on the other, St. Louis, Mo., for 150 TOR EXPRESS, INC., Post Office Box TRUCK LINES, INC., Pier 62, Seattle, days. Supporting shippers: King Optical 216, Campbellsville, Ky. 42718. Appli Wash. 98101. Applicant’s representative: Co., 1148-60 West Chicago Avenue, Chi cant’s representative: Robert M. Pearce, Clyde H. Maclver, Washington Building, cago, 111. 60622; Stanley Photo Service, Post Office Box E, Bowling Green, Ky. Seattle, Wash. 98101. Authority sought 2838 Market Street, St. Louis, Mo. 63103; 42101. Authority sought to operate as to operate as a common carrier, by motor Palmer Optical Co., 5 North Wabash, a common carrier, by motor vehicle, over vehicle, over irregular routes, transport Suite 826, Chicago, 111. 60602. Send pro irregular routes, transporting: Candy ing: Palletized metal and combination tests to: Roger L. Buchanan,- District and confectionery products, from the metal and fiberboard cans and can parts, Supervisor, Interstate Commerce Com plantsites and storage facilities of the between Portland, Oreg.,^and points in mission, Bureau of Operations, U.S. Reed Candy Co. at or near Campbells- Western Washington and from Seattle, Courthouse, Federal Office Building, ville Ky.,- to points in Georgia, South Wash., to Astoria, Oreg., for 150 days. Room 1086, 219 South Dearborn Street, Carolina, Tennessee, Ohio, Alabama, Supporting shipper: C. H. Costello, Pa Chicago, 111. 60604. Mississippi, Louisiana, Missouri, Illinois, cific Regional Traffic Manager, Conti No. MC 117903 (Sub-No. 6 TA), filed Indiana, and Pennsylvania, for 180 days, nental Can Co., Inc., Russ Building, San May 22, 1968. Applicant: GENE ADAMS supporting shipper: Frank Krause, Jr., Francisco, Calif. 94104. Send protests to: REFRIGERATED TRUCKING SERV director of Traffic, P. Lorillard Co., 200 E. J. Casey, District Supervisor, Bureau ICE, INC., 600 Cayuga Creek Road, “ ast 42d Street, New York, N.Y. 10017. of Operations, Interstate C om m erce Cheektowaga, N.Y. 14225. Applicant’s Send promts to: Wayne L. Merilatt, Commission, 6130 A rcade B u ildin g, representative: Herbert M. Canter, 345 istrict Supervisor, Interstate Commerce Seattle, Wash. 98101. South Warren Street, Syracuse, N.Y. orrunission, Bureau of Operations, 426 No. MC 107496 (Bub-No. 663 TA ), filed 13202. Authority sought to operate as a May 22, 1968. Applicant: RUAN TRANS 40202 ° fflCe Building* Louisville, - Ky. common carrier, by motor vehicle, over PORT CORPORATION, Keosauqua Way irregular routes, transporting: Meats, , . No- MC 52579 (Sub-No. 107 TA), filed at Third, 50309, Post Office Box 855, Des meat products, and meat byproducts, and 20, 1968. Applicant: GILBERT Moines, Iowa 50304. Applicant’s repre dairy products, as described in sections ARRIER CORP., l Gilbert Drive, Se- sentative: H. L. Fabritz (same address A and B of appendix I to the report in as above). Authority sought to operate re^ f . N-J- 07094. Applicant’s rep- Descriptions in Motor Carrier Certifi esentative: William Abel (same address as a common carrier, by motor vehicle, cates, 61 M.C.C. 209 and 766, and frozen over irregular routes, transporting: n * Authority sought to operate as Liquid fertilizer in suspension (slurry), foods, except those included in the above- f 1071 carrter> by motor vehicle, over specified commodities, from the commer regular routes, transporting: (l) Wear- in bulk, in tank vehicles, from Vergennes, HL, to Oakland City, Ind., for 150 days. cial zone of Boston, Mass., to Albany, lng apparel, loose on hangers, between Supporting shipper: Swift & Co., 115 N.Y., for further “tacking” with its Sub- adelphia, Pa., on the one hand, and, West Jackson Boulevard, Chicago, 111. No. 5 authority to points in New York FEDERAL REGISTER, VOL. 33, NO. TO5—WEDNESDAY, MAY 29, 1968 7848 NOTICES except points in Kings, Queens, Nassau, porting: Glue stock, in containers, from tween points in North Carolina moving and Suffolk Counties, for 180 days. Sup Winnfield, La., to Charleston, S.C., for on billing of exempt forwarders of house porting shippers: Pulton Packing Co., 180 days. Supporting shipper: Chembond hold goods, for 180 days. N o t e : Applicant Inc., 10 Newmarket Square, Boston, Corp., Winnfield, La. 71483. Send p ro-- states it intends to provide a pickup and Mass. 02118; Samuel M. Gertman Co., tests to: W. R. Atkins, District Super delivery and packing service. Supporting Inc., 40 Newmarket Square, Boston, visor, Bureau of Operations, Interstate shippers: Richardson Transfer & Stor Mass. 02118; Old Colony Packing Co., Commerce Commission, T-4009 Federal age Co. Inc., 940 South Santa Fe Avenue, 980 Massachusetts Avenue, Boston, Building, 701 Loyola Avenue, New Compton Calif.; Getz Bros. & Co. (U.S.), Mass.; Columbia Packing Co., 155 Orleans, La. 70113. Post Office Box 2230, Wilmington, Calif.; Southhampton Street, Boston, Mass, No. MC 129522 (Sub-No. 1 TA), filed Bekins Van Lines Co., 820 East D Street, market .Square, Boston, Mass. 02118; May 22, 1968. Applicant: QUALITY Wilmington, Calif.; American Ensign Universal C & R Beef Co., 50 Newmarket CARRIERS OF INDIANA, INC., 100 Van Service, Inc., Post Office Box 2270, Square, Boston, Mass. 02118; Colonial South Calumet Street, Post Office Box Wilmington, Calif. 90744. Send protests Provision Co., Inc., 1100 Massachusetts 339, Burlington, Wis. 53105. Applicant’s to: Archie W. Andrews, District Super Avenue, Boston, Mass. 02125; Morrison representative: "Fred H. Figge (same visor, Bureau of Operations, Interstate & Schiff, Inc., 35 Hichborn Street, Boston, address as above). Authority sought to Commerce Commission, Post Office Box Mass. Send protests to: George M. Park operate as a common carrier, by motor 10885, Cameron Village Station, Raleigh, er, District Supervisor, Interstate Com vehicle, over irregular routes, transport N.C. 27605. merce Commission, Bureau of Opera ing: Nonalcoholic beverages, from Mun By the Commission. tions, 518 Federal Office Building, 121 ster, Ind., to Chicago, Danville, Gurnee, Ellicott Street, Buffalo, N.Y. 14203. and Kankakee, 111., points in Kentucky; [ seal] H. N eil G arson, No. MC 124679 (Sub-No. 15 TA ), filed Kansas City and St. Joseph, Mo., for 180 Secretary. May 21, 1968. Applicant: C. R. ENG days. Supporting shipper: Pespi-Cola [F.R. Doc. 68-6361; Filed, May 28, 1968; LAND & SONS, INC., 228 West Fifth General Bottlers, Inc., 1745 North Kolmar 8:47 a.m.] South Street, Salt Lake City, Utah 84101. Avenue, Chicago, 111. 60639 (A. J. Croce, Applicant’s representative: Daniel B. Purchasing Agent and Traffic Manager). Johnson, Perpetual Building, Washing Send protests to: District Supervisor Lyle ton, D.C. 20004.«Authority sought to op D. Heifer, Interstate Commerce Com DEPARTMENT OF THE INTERIOR erate as a common carrier, by motor ve mission, Bureau of Operations, 135 West Bureau of Indian Affairs Wells Street, Room 807, Milwaukee, Wis. hicle, over irregular routes, transporting: [Bureau Order 551, Amdt. 118] Packinghouse products and poultry prod 53203. ucts, from Blackwood, N.J., and Phila No. MC 129744 (Sub-No. 1 TA), filed AREA DIRECTORS delphia, Pa., to points in New York, Con May 22, 1968. Applicant: KENNETH necticut, Rhode Island, Massachusetts, ENSMINGER, doing business as Delegation of Authority With Respect Maine, Vermont, and New Hampshire, ENSMINGER MOTOR LINES, 300 to Forestry Matters for 180 days. Supporting shippers: Wat Franklin, Frankfort, 111. 60423. Appli cant’s representative: Robert H. Levy, 29 M a y 22, 1968. son’s Quality Turkey Products, Inc., Box Bureau Order 551, an order by which 215, Blackwood, N.J. 08012; M. Lapin & South La Salle Street, Chicago, 111. 60603. Authority sought to operate as a common the Commissioner of Indian Affairs Sons Co., Inc., 316-336 Callowhill Street, delegates authority to Bureau Area Philadelphia, Pa. 19123. Send protests carrier, by motor vehicle, over irregular routes, transporting: Polysterene foam Directors, as amended, is further to: John T. Vaughan, District Super amended by the addition of a new sec visor, Bureau of Operations, Interstate plastic trays, from Frankfort, 111., to points in Wisconsin, Michigan, Indiana, tion, section 234. The revision will confer Commerce Commission, 6201 Federal upon the Area Directors, authority for Building, Salt Lake City, Utah 84111. and Ohio, for 180 days. Supporting ship per: Mobile Chemical Co., Foam Prod administration of timber sales from No. MC 126118 (Sub-No. 6 TA), filed ucts Department, 437 Center Road, certain submarginal lands. The new sec May 22, 1968. Applicant: GEORGE M. Frankfort, 111. 60423. Send protests to: tion 234 reads as follows: HILL, doing business as HILL TRUCK Roger L. Buchanan, District Supervisor, Sec. 234. Timber sales, submarginal ING COMPANY, Route 8, Johnson City, interstate Commerce Commission, Bu lands. Approval of timber sales from Tenn. 37601. Applicant’s representative: reau of Operations, 219 South Dearborn certain submarginal lands, administered Clifford E. Sanders, 321 East Center Street, Room 1086, Chicago, 111. 60604. pursuant to applicable regulations in 25 Street, Kingsport, Tenn. 37660. Author No. MC 129876 (Sub-No. 1 TA), filed CFR 141, as authorized in Amendment ity sought to operate as a common car May 22, 1968. Applicant: ROBERT F. 74 to Secretarial Order 2508 (33 F.R. rier, by motor vehicle, over irregular DUBOIS, doing business as DUBOIS 4341). routes, transporting: Malt beverages, TRUCKING, Post Office Box 502, Mont R obert L. B ennett, from Milwaukee, Wis., Cincinnati, Ohio, pelier, Vt. 05602. Authority sought to Commissioner. and Newark, N.J., to Johnson City, Tenn., operate as a contract carrier, by motor and from Newark, N.J., to Bristol, Va., [F.R. Doc. 68-6382; Filed, May 28, 1968; vehicle, over irregular routes, transport 8:49 a.m.] and Norton, Va., for 180 days. N o t e : Ap ing: Sand, gravel, and crushed stone, plicant intends to tack the authority from West Lebanon, N.H., to Randolph, sought herein with its existing author Vt., for 150 days. Supporting shippers: Bureau of Land Management ity under MC-126118 and various subs. Randolph Redi-Mix Co., 35 Central [New Mexico 1565] Supporting shippers: Holston Valley Street, Randolph, Vt.; Pinello Construc Distributing Co., Inc., 1110-1122 High tion Co., Gilead Road, Bethel, Vt. Send NEW MEXICO land Avenue, Bristol, Va.; Clyce Distrib protests to: Martin P. Monaghan, Jr., uting Co., Post Office Box 298, Johnson District Supervisor, Interstate Commerce Notice of Proposed Classification City, Tenn. 37601; Orange Crush Bot Commission, Bureau of Operations, Post M a y 22,1968. tling Co., 112 Jobe Street, Johnson City, Office Box 38, Montpelier, Vt. 05602. Tenn. 37601. Send protests to: J. E. Pursuant to section 2 of the Act of No. MC 129916 TA, filed May 21, 1968. September 19, 1964 (43 U.S.C. 1412). Gamble, District Supervisor, Bureau of Applicant: LEWIS A. HINSON, doing Operations, Interstate Commerce Com notice is hereby given of a proposal to business as BOWENS MOVING AND classify the lands described below for mission, Suite 803, 1808 West End Build STORAGE, 15 West Empire Street, Post ing, Nashville, Tenn. 37203. disposal through exchange, under the Office Box0 822, Goldsboro, N.C. 27530. Act of June 28, 1934 (48 Stat. 1269; 4d No. MC 128878 (Sub-No. 5 TA ), filed A p p lica n t’ s representative: J. Ruffin U.S.C. 315g) as amended, for lands May 22, 1968. Applicant: SERVICE Bailey, Post Office Box 2246, Raleigh, N.C. within Lincoln County, N. Mex. TRUCK LINE, INC., Post Office Box 728, 27802. Authority sought to operate as a The District Advisory Board, local Waskom, Tex. 75692. Authority sought to common carrier, by motor vehicle, over operate as a common carrier, by motor irreg u la r routes, transporting: Used governmental officials, and other in- vehicle, over irregular routes, trans household goods and personal effects, be terested parties have been notified of this FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7849 application. Information derived from Hub City Livestock Sales— Aberdeen. In section 10-B Organization and discussions and other sources indicate Kimball Livestock Exchange— Kimball. Functions, the statement for District Leola Livestock Sales— Leola. Offices is revised as follows: that these lands meet the criterion of 43 Loken’s Watertown Sales Pavilion— Water- CFR Part 2410.1-3(c) (4), which au town. District Offices—Obtains compliance thorizes classification of lands “for ex Madden’s Livestock Market, Inc.— St. Onge. with the Food, Drug, and Cosmetic Act as change under appropriate authority Martin Auction Company, Inc.— Martin.- amended (excluding the Drug Abuse where they are found to be chiefly val McLaughlin Commission Co., Inc.— McLaugh Control Amendments), and related Acts uable for public purposes because they lin. within the District. Conducts domestic have special values arising from the in Mobridge Livestock Comm. Co.— Mobridge. and import investigations and inspec terest of exchange proponents, for Rapid City Livestock Comm. Co.— Rapid City. tions to assure and encourage compli exchange for other lands which we Schnell Livestock Market, Inc.— Lemmon. ance with the laws and regulations en Sisseton Livestock Sales— Sisseton. forced by FDA in accord with broad pro needed for the support of a Federal pro South Dakota Livestock Sales Co.— Water- gram." Information concerning the town.. gram plans developed in cooperation with héadquarters. Collects and conducts lands, including the record of public dis Stockmen’s Livestock Auction Co.— Yankton. cussions, is available for inspection and laboratory and field analyses of samples. Sturgis Livestock Exchange, Inc.—-Sturgis. Conducts administrative hearings on al study in the Land Office, Bureau of Land Timber Lake Livestock Co.— Timber Lake. Management, U.S. Post Office and Fed leged violations of the Food, Drug, and eral Building, Santa Fe, N. Mex., and the Webster Livestock Exchange— Webster. Cosmetic Act as amended (excluding the Las Cruces District Office, 1705 North This action is based upon the termina Drug Abuse Control Amendments), and Seventh Street, Las Cruces, N. Mex. tion effective June 1, 1968, by the South related acts. Analyzes inspectional and For a period of 60 days from the date Dakota Livestock Sanitary Board, of the laboratory findings to determine com of this publication, interested parties may Memorandum of Understanding be pliance with the Food, Drug, and Cos submit comments to the District Man tween the South Dakota Livestock San metic Act as amended (excluding the ager of the Las Cruces District Office. itary Board and the Animal Health Drug Abuse Control Amendments) and The lands affected by this proposal Division under which the above-named related Acts, and initiates appropriate are located in Lincoln and Otero Coun enforcement action. Recommends appro stockyards were specifically approved priate legal actions to FDA headquarters ties, N. Mex., and are described as for purposes of the regulations in Part follows: or to Office of General Counsel, DHEW, 78, 9 CFR^ or to the concerned U.S. attorney (where New Mexico Principal Meridian, New Mexico On and after June I, 1968, the require direct reference seizures are authorized) T.8S., R. 11 E„ ments of the regulations in 9 CFR Part and assists in carrying out approved ac Sec. 30, SE%. 78 applicable to interstate movements of tion. Collaborates with other Districts on T. 23 S„ R. 13 E., domestic animals and bison to or from program activities that involve more Sec. 25. nonapproved stockyards will apply to than a single District. Provides analyt T.24 S„ R. 13 E., ical and inspectional support in pro Sec. 1, lots 1, 2, 3, 4, Si/2N%', and s y 2 . such movements to or from these stock- yards in South Dakota. grams involving food and color additive T. 24 S., R. 14 E„ petitions, pesticide pétitions, investiga Sec. 5,SW&SW%; This action imposes restrictions neces tional new drugs and new drug applica Sec. 7, lots 1, 2, 3, 4, E%WV&, and Ey2; sary to prevent the interstate dissemi Secs. 9,14, and 15. nation of brucellosis and should be made tions, and development of food stand effective on June 1,1968, to coincide with ards. Initiates and conducts educational The areas described aggregate 4030.28 and voluntary compliance programs at acres. the termination of the Memorandum of Understanding. Accordingly, under the the District level and participates with . W. J. A nderson, headquarters in the conduct of national State Director. provisions in 5 U.S.C. 553, it is found upon good cause that publication of programs. Provides laboratory support [P.R. Doc. 68-6334; Piled, May 28, 1968; notice of rule-making and other public services for drug abuse control programs 8:45 a.m.] procedure in connection with this action as required. Conducts research on labo are impracticable and good cause is ratory methodology and develops new found for making this action effective techniques. Provides headquarters with DEPARTMENT OF AGRICULTURE less than 30 days after publication here short-.and long-range plans and budget of in the F ederal R egister. proposals for the District and cooperates Agricultural Research Service E. E. S a u l m o n , with the Office of the Commissioner in SOUTH DAKOTA Director, Agricultural Research the development of formal plans and Service, Animal Health Divi budgets. Evaluates District Office oper Withdrawal of Approval of Certain sion. Stockyards ations and accomplishments, adjusts [P.R. Doc. 68-6384; Filed, May 28, 1968; overall district plans and priorities to 8:49 a.m.] Notice is hereby given that pursuant provide better coverage and to meet na to § 78.16 of the Brucellosis Regulations (9 CFR 78.16), specific approval is with tional goals and objectives, and apprises drawn for the following stockyards in the Commissioner of significant develop the State of South Dakota, which are DEPARTMENT OF HEALTH, EDU ments, activities and problem areas. currently on the list of stockyards spe Identifies District training needs and cifically approved by the Director of the CATION, AND WELFARE conducts training programs developed by Animal Health Division under said regu District or headquarters’ offices for Dis lations, and they are hereby removed Food and Drug Administration from said list, effective June 1, 1968: trict personnel or personnel from other DISTRICT OFFICES government agencies and industry. Auction Markets and Address Statement of Organization, Functions, Maintains liaison and develops coopera Aberdeen Livestock Sales Co., Inc.— Aberdeen. tive relations with Federal-State and Britton Sales Pavilion— Britton. and Delegations of Authority local enforcement agencies. Provides ad Canton Livestock Sales Co.— Canton. Part 10 (Food and Drug Administra Chamberlain Livestock Sales, Inc.— Cham ministrative management functions as berlain. tion) of the Statement of Organization, Functions, and Delegations of Authority delegated by headquarters. Edgemont Livestock Comm. Co.— Edgemor for the Department of Health, Educa Exhibit X10-1, Food and Drug Admin Eureka Livestock Sales Comm. Co.— Eurel Faith Livestock Commission Co.— Faith. tion, and Welfare (32 F.R. 10012) is istration Permanent Offices is revised as Gregory Livestock Auction— Gregory. hfereby amended as follows: follows: FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7850 NOTICES E x h i b i t X lO -1 E. I. DU PONT DE NEMOURS & CO., ÏOOD AND DRUG ADMINISTRATION— PERMANENT OFFICES INC. Type oi office Address ZIP Notice of Filing of Petition for Food code Additives Pursuant to the provisions of the Fed California: Los Angeles...... District office...... 1521 West Pico Blvd...... 00015 eral Food, Drug, and. Cosmetic Act (sec. SanFrancisco______- -do------Boom 518, Federal Office Bldg., 50 Fulton St__ 94102 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Colorado: Denver...______do— ...... Boom 573, New Customhouse Bldg., 20th and 80202 California Sts. (b )(5 )), notice is given that a petition District of Columbia: (FAP 8B2295) has been filed by E. I. Washington...... Headquarters...... 200 C St. SW...... 20204 du Pont de Nemours & Co., Inc., 1007 Georgia: Atlanta...... District office...... 60 Eighth St. NE______30309 Illinois: Chicago______do------—...... — Boom 1222, Main Post Office Bldg., 433 West 60607 Market Street, Wilmington, Del. 19898, Van Buren St. proposing that paragraph (b) (3) (xxv) Louisiana: New Orleans...... do...... - Boom 222, U.S. Customhouse Bldg., 423 Canal 70130 St. of § 121.2514 Resinous and polymeric Maryland: Baltimore...'...... do------900 Madison A ve...... '...... 21201 coatings be amended to lower from 300 Massachusetts: Boston______do...... - ...... 685 Commercial St______02109 Michigan: Detroit ...... do— ...... - ...... 1560 East Jefferson Ave...... 48207 to 100 the specified minimum centistokes Minnesota: Minneapolis_____ do...... 240 Hennepin Ave...... - 55401 viscosity of silicone release agents em Missouri: ployed in resinous and polymeric food- Kansas City...... District office...... 1009 CherryBt...... , ...... - 64106 St. Louis...... National Center for Drug Boom 1002, U.S. Courthouse and Customhouse 63101 contact coatings. Analysis. Bldg., 1114 Market St. New York: Dated: May 22, 1968. Brooklyn...... District office^...... 700 Federal Office Bldg., 850 Third A v e ...... 11232 Buffalo...... do------A 599 Delaware Ave...... ^ ...... 14202 R . E. D uggan, Ohio: Cincinnati...... i.___ do------:...... * 1141 Central Parkway...... - 45202 Acting Associate Commissioner Pennsylvania: Phila- ____do...... ----- Boom 1204, U.S. Customhouse Bldg., Second 19106 delphia. and Chestnut Sts. for Compliance. Texas: Dallas______do...------3032 Bryan St...... - 75204 Washington: Seattle______do------...... - Boom K)l, Federal Office Bldg., 909 First Ave— 98104 [F.R. Doc. 68-6378; Filed, May 28, 1968; 8:49 a.m.] Dated: May 23,1968. ► D onald F . S im p s o n , Assistant Secretary for Administration. ELANCO PRODUCTS CO. [F.R. Doc. 68-6374; Filed, May 28, 1968; 8:49 a.m.] Notice of Filing of Petition Regarding Pesticide Chemical ASTRA NUTRITION, DIVISION O F Street, Cambridge, Mass. 02142, propos Pursuant to the provisions of the Fed ASTRA PHARMACEUTICAL PROD ing that § 121.2599 Vinylidene chloride eral Food, Drug, and Cosmetic Act (sec. copolymer coatings for nylon film be 408(d)(1), 68 Stat. 512; 21 U.S.C. UCTS, INC. amended to provide for the safe use of 346a(d) (1) ), notice is given that a peti Notice of Withdrawal of Petition for phenyl acid phosphate as an optional tion (PP 8F0721) has been filed by the Food Additives adjuvant substance employed in the pro Elanco Products Co., a division of Eli Lilly duction of vinylidene chloride copolymer and Co., Indianapolis, Ind. 46206, propos Pursuant to the provisions of the Fed food-content coatings for nylon film. ing the establishment of tolerances for eral Food, Drug, and Cosmetic Act (sec. negligible residues of the herbicide tri- 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), Dated: May 22,1968. fluralin (a,a,a-trifluoro-2-,6-dinitro-JV,lV- the following notice is issued: R . E. D uggan, dipropyl-p-toluidine) in or on the raw In accordance with § 121.52 With Acting Associate Commissioner agricultural commodity groups nuts and drawal of petitions without prejudice of for Compliance. stone fruits at 0.05 part per million. the procedural food additive regulations [F.R. Doc. 68-6376; Filed, May 28, 1968; The analytical method proposed in the (21 CFR 121.52), Astra Nutrition, Divi 8:49 a.m.] petition for determining residues of the sion of Astra Pharmaceutical Products, herbicide is a gas chromatographic Inc., Neponset Street, Worcester, Mass. technique. 01606, has withdrawn its petition (FAP E. I. DU PONT DE NEMOURS & CO., 8A2259), notice of which was published INC. Dated: May 22,1968. in the F ederal R egister of February 9, R. E. D uggan, 1968 (33 F.R. 2802), proposing an amend Notice of Filing of Petition for Food Acting Associate Commissioner ment to § 121.1202 Whole fish protein Additives for Compliance. concentrate to provide for the safe use Pursuant to the provisions of the [F.R. Doc. 68-6379; Filed, May 28, 1968; of whole fish protein concentrate pre Federal Food, Drug, and Cosmetic Act 8:49 a.m.] pared from herring by solvent extraction (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. with isopropyl alcohol. 348(b) (5)), notice is given that a peti Office of the Secretary Dated: May 22,1968. tion (FAP 8B2293) has been filed by E. I. du Pont de Nemours & Co., Inc., OFFICE FOR CIVIL RIGHTS R . E . D uggan, 1007 Market Street, Wilmington, Del. Acting „Associate Commissioner 19898, proposing that paragraph (c) (4) Delegation of Authority for Compliance. (i) of § 121.2562 Rubber articles in On December 4, 1967, the Director of ]F.R. Doc. 68-6375; Filed, May 28, 1968; tended for repeated use be amended to the Office for Civil Rights officially dele 8:49 a.m.] change from 6 weight percent to 8 weight gated certain functions of his office w percent the specified maximum 1,4-hex- the Director of Operations (32 F.«- adiene polymer content of ethylene-pro UBS CHEMICAL CO. 17899). I hereby delegate to each Re pylene- 1,4-hexadiene copolymer elasto gional Civil Rights Director the operating mers employed in the formulation of Notice of Filing of Petition for Food functions detailed in paragraphs 1,*> rubber articles intended for repeated Additives and 3 of that delegation of authority, food-contact use. with the exception of the acceptance Pursuant to the provisions of the Fed Dated: May 22,1968: statements of compliance for continuing eral Food, Drug, and Cosmetic Act (sec. State programs under § 80.4(G) of the 409(b)(5), 72 Stat. 1786; 21 U.S.C. R . E . D uggan, Acting Associate Commissioner regulation. For the present time I also 348(b) (5)) , notice is given that a peti reserve authority to determine whether tion (FAP 8B2294) has been filed by UBS for Compliance. recipients which are subject to a termina Chemical Co., a division of the A. E.. [F.R. Doc. 68-6377; Filed, May 28, 1968; tion Order have returned to compliance Staley Manufacturing Co., 491 Main 8:49 a.m.] FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 2», 1968 NOTICES 7851 and are again eligible to receive Federal emmental Relations effective Nov. 27, 1967 [Docket No. 18265] (32 F.R. 17496, Dec. 6,1967) ) aid. REOPENED TU MVL GA USSR Dated: May 23,1968. Effective date. This redelegation of authority shall be effective as of May 2, (AEROFLOT) R u b y A . M artin, 1968. Notice of Hearing Director, Operations Division, F rancis D. F ish er , Office for Civil Rights. Regional Administrator, Region IV. Notice is hereby given, pursuant to the provisions of the Federal Aviation [F.R. Doc. 68—6380; Filed, May 28, 1968; [F.R. Doc. 68-6345; Filed, May 28, 1968; 8:49 a.m.] Act of 1958, as amended, that a hearing 8:46 a.m.] in the above-entitled proceeding will be held on May 31, 1968, at 10 a.m., e.d.s.t., in Room 911, Universal Building, 1825 DEPARTMENT OF HOUSING Connecticut Avenue NW., Washington, ATOMIC ENERGY COMMISSION D.C., before Examiner Robert L. Park. [Docket No. 50-321] AND URBAN DEVELOPMENT Dated at Washington, D.C., May 24, DIRECTOR, MODEL CITIES STAFF, GEORGIA POWER CO. 1968. REGION III (ATLANTA) Notice of Receipt of Application for [ seal] T h om as L. W r e n n , Chief Examiner. Redelegation of Authority With Re Construction Permit and Facility License [F.R. Doc. 68-6348; Filed, May 28, 1968; spect to Model Cities Program 8:46 a.m.] Redelegation of authority. The Direc Georgia Power Co., 270 Peachtree tor, Model Cities Staff, Region III Street NW., Atlanta, Ga. 30303, has filed (Atlanta), is hereby authorized to exer an application dated May 3, 1968, pur cise the power and authority of the suant to section 104(b) of the Atomic FEDERAL MARITIME COMMISSION Energy Act of 1954, as amended, for au Secretary of Housing and Urban Devel thorization to construct and operate a opment to the extent redelegated to the COMPAGNIE MALGACHE DE NAVI boiling water nuclear power reactor on GATION AND LYKES BROS. STEAM Regional Administrator and to the its approximately 2,100-acre site on the Deputy Regional Administrator in sec south side of the Altamaha River in SHIP CO., INC. tion A of the redelegations of authority northwestern Appling County, about 11 by the Assistant Secretary for Demon Notice of Agreement Filed for miles north of Baxley, Ga. Approval strations and Intergovernmental Rela The proposed nuclear power plant, tions effective November 27,1967 (32 F.R. designated by the applicant as the Edwin Notice is hereby given that the follow 17496, Dec. 6, 1967), with respect to the I. Hatch Nuclear Plant Unit 1 is designed ing agreement has been filed with the Model Cities Program under Title I of for initial operation at approximately Commission for approval pursuant to the Demonstration Cities and Metropoli 2,436 megawatts thermal with a gross section 15 of the Shipping Act, 1916, as tan Development Act of 1966 (42 U.S.C. electrical output of approximately 813 amended (39 Stat. 733, 75 Stat. 763, 46 3301-3313) except the authority to megawatts. U.S.C. 814). authorize waivers of contract provisions. A copy of the application is available Interested parties may inspect and ob (Redelegations of Authority by Assistant for public inspection at the Commis tain a copy of the agreement at the Secretary for Demonstrations and Intergov sion’s Public Document Room, 1717 H Washington office of the Federal Mari ernmental Relations effective Nov. 27, 1967 Street NW., Washington, D.C. (32 F.R. 17496, Dec. 6, 1967)) time Commission, 1321 H Street NW., Dated at Bethesda, Md. this 22d day of Room 609; or may inspect agreements at Effective date. This redelegation of May 1968. authority shall be effective as of Feb the offices of the District Managers, New ruary 9,1968. For the Atomic Energy Commission. York, N.Y., New Orleans, La., and San E dward H . B axter, P eter A. M orris, Francisco, Calif. Comments with refer Regional Administrator, Region III. Director, ence to an agreement including a request [F.R. Doc. 68-6344; Filed, May 28, 1968; Division of Reactor Licensing. for hearing, if desired, may be submitted 8:46 a.m.] [F.R. Doc. 68-6332; Filed, May 28, 1968; to the Secretary, Federal Maritime Com 8:45 a.m.] mission, Washington, D.C. 20573, within DIRECTOR, MODEL CITIES STAFF, 20 days after publication of this notice REGION IV (CHICAGO) in, the F ederal R egister. A copy of any Redelegation of Authority With Re CIVIL AERONAUTICS BOARD such statement should also be forwarded spect to Model Cities Program [Docket No. 19625] to the party filing the agreement (as in dicated hereinafter) and the comments SHULMAN, INC. The Director, Model Cities Staff, should indicate that this has been done. Region IV (Chicago), is hereby author ized to exercise the power and authority Notice of Prehearing Conference Notice of agreement filed for approval of the Secretary of Housing and Urban Aggregate weight rule proposed by by: Development to the extent redelegated to Shulman, Inc. Mr. J. Curl, Assistant Vice President Traffic, the Regional Administrator and to the Notice is hereby given that a prehear Dykes Bros. Steamship Oo., Inc., 821 Gravier Deputy Regional Administrator in sec ing conference in the above-entitled Street, New Orleans, La. 70150. tion A of the redelegations of authority matter is assigned to be held on June 5, Agreement No. 9722, between Com- by the Assistant Secretary for Demon 1968, at 10 a.m., e.d.s.t., in Room 211, pagnie Malgache De Navigation and strations and Intergovernmental Rela Universal Building, 1825 Connecticut Lykes Bros. Steamship Co., Inc., proposes tions effective November 27,1967 (32 F.R. 17496, Dec. 6, 1967), with respect to the -Avenue NW., Washington, D.C., before the establishment of a through billing model cities program under Title I of Examiner Robert M. Johnson. arrangement for the movement of cargo Jhe Demonstration Cities and Metropoli Dated at Washington, D.C., May 23, from ports in Malagasy, Mauritius, Re tan Development Act of 1966 (42 U.S.C. 1968. union, and the Comores Islands to U.S. 3301-3313) except the authority to [seal] T h o m as L. W r enn , Gulf ports with transshipment at South authorize waivers of contract provisions. Chief Examiner. and East African ports (Cape Town to (Redelegatl°ns of Authority by Assistant [F.R. Doc. 68-6347; Filed, May 28, 1968; Mombasa, inclusive), or at Tamatave or retary for Demonstrations and' Intergov- 8:46 a.m.] other Malagasy ports, in accordance with FEDERAL REGISTER, VÔL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7852 NOTICES the terms and conditions set forth in the mission for approval pursuant to section conditions beyond the control of the agreement. 14b of the Shipping Act, 1916, as amend Conference under which it may increase Dated: May 24,1968. ed (75 Stat. 762, 46 U.S.C. 814). rates on not less than 15 days’ written Interested parties may inspect a copy notice to the Merchant who retains the By order of the Federal Maritime of the current contract form and of the right to notify the Conference in writing Commission. petition, reflecting the changes proposed of his intent to suspend the contract in T h o m as L is i, to be made in the language of said con sofar as such increase is concerned. Secretary. tract, at the Washington office of the Dated : May 24,1968. [P.R. Doc. 08-6354; Hied, May 28, 1968; Federal Maritime Commission, 1321 H 8:47 a.m.] Street NW., Room 609; or at the offices By order of the Federal Maritime Com of the District Managers, New York, N.Y., mission. COMPAGNIE MALGACHE DE NAVI New Orleans, La., and San Francisco, T h om as Lis i, Calif. Comments with reference to the Secretary. GATION AND LYKES BROS. STEAM proposed changes and the petition, in [F.R. Doc. 68-6356; Filed, May 28, 1968; SHIP CO., INC. cluding a request for hearing, if desired, 8:47 a.m.] Notice of Agreement Filed for may be submitted to the Secretary, Fed eral Maritime Commission, Washington, Approval D.C. 20573, within 20 days after publica Notice is hereby given that the follow tion of this notice in the F ederal R egis CIVIL SERVICE COMMISSION ing agreement has been filed with the ter. A copy of any such statement should Commission for approval pursuant to also be forwarded to the party filing the DISTRICT OF COLUMBIA section 15 of the Shipping Act, 1916, as petition (as indicated hereinafter), and GOVERNMENT amended (39 Stat. 733, 75 Stat. 763, 46 the comments should indicate that this Manpower Shortage; Notice of U.S.C. 814). has been done. Listing Interested parties may inspect and ob Notice of application to modify an ap tain a copy of the agreement at the proved Exclusive Patronage (Dual Rate) Under the provisions of 5 U.S.C. 5723, Washington office of the Federal Mari Contract filed by: the Civil Service Commission has found time Commission, 1321 H Street NW., Mr. Burton H. White, Burlingham, Under on May 23, 1968, that there is a man Room 609; or may inspect agreements at wood, Wright, White and Lord, 25 Broad power shortage for the single position the offices of the District Managers, New way, New York, N.Y. 10004. of Vice President for Administration and York, N.Y., New Orleans, La., and San Finance, Washington Technical Insti There has been filed on behalf of the tute, Washington, D.C. Francisco, Calif. Comments with refer North Atlantic Mediterranean Freight ence to an agreement including a re U nited S tates C iv il S erv quest for hearing, if desired, may be sub Conference (Agreement No. 9548, as amended) an application to modify its ice C o m m is s io n , mitted to the Secretary, Federal Mari J am es C. S p r y , time Commission, Washington, D.C. form of merchant’s contract pursuant to Executive Assistant to 20573, within 20 days after publication section 14b of the Shipping Act, 1916. The the Commissioners. of this notice in the F ederal R egister. proposed contract modification in Article A copy of any such statement should [F.R. Doc. 68-6352; Filed, May 28, 1968; 11(a) adds currency devaluation to those 8:46 a.m.] also be forwarded to the party filing the agreement (as indicated hereinafter) and the comments should indicate that ATTORNEY (ESTATE TAX), NATIONWIDE 1 this has been done. Notice of agreement filed for approval Notice of Adjustment of Minimum Rates and Rate Ranges by: Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service Mr. J. Curl, Assistant Vice President Traffic, Commission has established special minimum salary rates and rate ranges as Lykes Bros. Steamship Co., Inc., 821 Gravier follows: Street, New Orleans, La. 70150. GS-905 Attorney (Estate Tax) Geographic Coverage: Nationwide Agreement No. 9723, between Com- Effective Date: First day of thé first pay period beginning on or after May 19,1968. pagnie Malgache De Navigation and Lykes Bros. Steamship Co., Inc., pro PEE ANNUM RATES poses the establishment of a through billing arrangement for the movement Grade 1 1 2 3 4 5 6 7 8 9 10 of packaged general cargo from U.S. Gulf GS-7...... $7,634 $7,859 $8,084 $8,309 $8,534 $8,759 $8,984 $9,209 $9,434 $9,659 ports (Brownsville to Key West, inclu GS-9...... 8,592 8,861 9,130 9,399 9,668 9,937 10,206 10,475 10,744 11, Old sive) to ports in Malagasy, Comores, Mauritius, and the Reunion Islands with 1 Corresponding statutory rates: GS-7—5th; GS-9—3d. transshipment at South African ports (Cape Town to Beira, inclusive) or at All new employees in the specified oc basic compensation at the corresponding ports in the Malagasy Republic, in ac cupational levels will be hired at the new numbered rate authorized by this letter cordance with the terms and conditions minimum rates. on and after such date. The pay adjust set forth in the agreement. As of the effective date, the agency ment will not be considered an equivalent increase within the meaning of 5 U.S.C. Dated: May 24,1968. will process a pay adjustment to increase the pay of employees on the rolls in the 5335. By order of the Federal Maritime Com affected occupational levels. An employee Under the provisions of section 3-2b, mission. who immediately prior to the effective Chapter 571, PPM, agencies may pay T h om as L i s i , Secretary. date was receiving basic compensation the travel and transportation expenses at one of the statutory rates shall receive to first post of duty, under 5 U.S.C. [P.R. Doc. 68-6355; Filed, May 28, 1968; 8:47 a.m.] 5723, of new appointees to positions cited. 1 N o t e : This action extends to the newly established job category of Attorney (Estate U nited S tates C ivil S erv NORTH ATLANTIC MEDITERRANEAN Tax), G S -905-7/9, the special rates estab ic e C o m m is s io n , FREIGHT CONFERENCE lished for Estate Tax Examiner, G S -920-7/9. [seal] Jam es C. S p r y , The action is being taken primarily as an Executive Assistant to Notice of Petition Filed for Approval interim device to permit a period of orderly the Commissioners. transition as the recruitment of persons for Notice is hereby given that the follow estate tax work in the Internal Revenue Serv [F B . Doc. 68-6353; Filed, May 28, 1968, ing petition has been filed with the Com ice is shifted from series GS-920 to GS-905. 8:47 a.m.] FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7853 kc, 250 w, U, Class IV; Eastern Carolina contain the customary condition regard' FEDERAL COMMUNICATIONS Broadcasters, Inc., Florence, S.C., Dock ing severance of said connections with et No. 18199, File No. BP-17083, Requests the existing station. COMMISSION 1490 kc, 250 w, 1 kw-LS, U, Class IV; for 7. From the information before the [Docket No. 18137; FCC 68M-830] construction permits. Commission it appears that except as 1. The Commission has before it the indicated by the issues specified below, CHICKASAW TELEPHONE CO. AND above-captioned applications which are the applicants are qualified to construct AMERICAN TELEPHONE AND TELE mutually exclusive in that simultaneous and operate as proposed. However, be GRAPH CO. operation of the stations as proposed cause the applications are mutually ex would result in prohibitive overlap as clusive, they must be designated for hear Order Continuing Hearing defined by § 73.37 of the Commission’s ing in a consolidated proceeding on the In the matter of Chickasaw Telephone rules. issues set forth below. Co., and American Telephone and Tele 2. Based on figures and information 8. Accordingly, it is ordered, That, pur graph Co. (A.T. & T .), Revision of A.T. & provided by Eastern Carolina Broad suant to section 309(e) of the Communi T. Tariff PCC No. 260, Private Line Serv casters, Inc. (Eastern Carolina), it will cations Act of 1934, as amended, the ice, to establish a monthly supplemental need a total of $44,380 to construct and applications are designated for hearing charge for Type 2001 channels; and sup operate the proposed station for 1 year in a consolidated proceeding, at a time plemental charges for foreign exchange without revenue. This applicant pro and place to be specified in a subsequent (Type 2006 channels) in general. poses to meet its financial requirements order, upon the following issues: Pursuant to a prehearing conference through the sale of its capital stock in Cl) To determine the areas and popu as of this date, It is ordered, That the the amount of $25,000 and a bank loan lations which would receive primary hearing now scheduled for June 19, 1968, commitment of $25,000. However, al service from the proposed operations and be and the same is hereby continued though the two major subscribers (119 the availability of other primary service without date. shares ($11,900) each) of the corpora to such areas and populations. tion’s capital stock have submitted bal (2) To determine, with respect to the Issued: May 22,1068. ance sheets, neither reflects sufficient application of Eastern Carolina : Released: May 23,1968. quick assets with which to meet their (a) Whether the two major stock sub aforesaid respective stock purchase com scribers, Frank L. Martin and A. P. Skin F ederal C ommunications mitments. Hence, a financial issue is ner III, have sufficient quick assets to C o m m is s io n , included as to this applicant. meet their stock purchase commitments; [seal] B en F . W aple, ' 3. After examination of section IV of Secretary. (b) Whether, in light of evidence ad each of the captioned applications, the duced pursuant to (a) above, the appli [PH. Doc. 68-6367; Filed, May 28, 1968; Commission is unable to conclude that cant is financially qualified. 8:48 a.m.] the applicants have met all four infor mational requirements set out in Min- (3) To determine the efforts made by shall Broadcasting Company, Inc., 11 the above applicants to ascertain the [Docket No. 18135; FCC 68M-829] FCC 2d 796 at 797. Thus, we are unable to community needs and interests of the areas to be served and the means by BRIAN E. COBB determine whether the applicants are aware of and responsive to the needs of which the applicants propose to meet Order Continuing Hearing their respective communities. Accord those needs and interests. In re application of Brian E. Cobb, ingly, a Suburban issue1 is included as to (4) To determine whether the pro Reno, Nev., Docket No. 18135, File No. both applicants. posal of Community Broadcasting Com BPH-6064, for construction permit. 4. On the basis of the application of pany of Hartsville would provide coverage Community Broadcasting Company of of the city sought to be served, as re It is ordered, Pursuant to the under quired by § 73.188(a) (1) of the Commis standing reached during prehearing con Hartsville (Hartsville), as amended, this proposal fails to provide the nighttime sion’s rules, and, if not, whether cir ference, that the hearing in the above- cumstances exist which would warrant p entitled proceeding is hereby continued city coverage required by § 73.188(a) of the rules in that the proposed nighttime waiver of said section. from June 12, 1968 to September 4, 1968, (5) To determine whether the trans and will be convened on that date at 10 limitation contour does not cover the en tire city of Hartsville. Therefore, an ap mitter site proposed by Eastern Carolina a.m., in the offices of the Commission, Broadcasters, Inc. is satisfactory with Washington, D.C. propriate city coverage issue is specified herein as to Hartsville. particular regard to any conditions that Issued: May 22,1968. 5. The site photograph of Eastern may exist in the vicinity of the antenna Released: May 23,1968. Carolina is inadequate in that it is not system which would distort the proposed of sufficient clarity to determine whether antenna radiation pattern. F ederal C ommunications there are any structures or obstructions (6) To determine, in the light of sec C o m m is s io n , of any kind in the vicinity of the an tion 307(b) of the Communications Act [seal] B en F . W aple, tenna site which would cause re-radia- of 1934, as amended, which of the pro Secretary. tion and distortion of the proposed posals would better provide a fair, effi [F.R. Doc. 68-6366; Filed, May 28, 1968; omnidirectional radiation pattern. Ac cient, and equitable distribution of radio 8:48 a.m.] cordingly, a transmitter site issue is in service. cluded as to this applicant. (7) To determine, in the light of the 6. Regarding Eastern Carolina, Frank [Docket Nos. 18198,18199; FCC 68- 564] evidence adduced pursuant to the fore L. Martin will be president, general man going issues which, if either, of the appli COMMUNITY BROADCASTING COM ager, and 44 percent owner; A. P. Skin cations should be granted. PANY OF HARTSVILLE AND -EAST- ner III, will be vice president, secretary, 9. It is further ordered, That, in the station manager, and 44 percent owner; tRN CAROLINA BROADCASTERS, event of a grant of the Eastern Carolina and M. W. Pell will be treasurer, chief Broadcasters, Inc., application, the con engineer, and 10 percent owner. In view struction permit shall contain the follow Order Designating Applications for of the fact that Messrs. Martin and Pell ing condition: are presently sales manager and chief Consolidated Hearing on Stated Program tests will not be authorized Issues engineer, respectively, of standard broad cast Station WOLS, Florence, S.C. (the until permittee has submitted satisfac tory evidence that Frank L. Martin has applications of Harold Bleds same town to be served by Eastern Caro lina), any grant to this applicant will severed all connections with Station 8« rw ?mon<* F‘ Baddour doing busim WOLS, Florence, S.C., and that M. W. Har+°m-?ilUnity Br°adcasting Company Pell is no longer chief engineer. >“?• Hartsville, S.C, Docket I 1 Suburban Broadcasters, 3 FCC 1021, 20 10. It is further ordered, That, in the , File No. BP-16995, requests: 14 HR 951 (1961). event of a grant of the Community No. 105—-pt. I----- e FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7854 NOTICES Broadcasting Company of Hartsville ap ally exclusive in that operation by the 7. It is further ordered, That the Fed plication, the construction permit shall applicants as proposed would result in eral Aviation Administration is made a contain the following condition: mutually destructive interference. party to the proceeding. Horizontal inverse distance field in 2. Since no determination has yet 8. It is further ordered, That to avail tensity at 1 mile shall be reduced to es been reached on whether the antenna sentially 160 mv/m per 1 kilowatt or 80 themselves of the opportunity to be proposed by International Radio, Inc., heard, the applicants and party respond mv/m for 250 watts by the addition of a would constitute a menace to air navi series resistor in the transmission line. ent herein, pursuant to § 1.221(c) of the gation, an issue regarding this matter Commission’s rules, in person or by at Before program tests are authorized, the is required. permittee shall submit sufficient field in torney shall, within twenty (20) days of 3. According to its application Inter the mailing of this order, file with the tensity measurement data to show that national Radio, Inc., would require a radiation has been reduced as proposed. Commission in triplicate, a written ap total of approximately $80,000 to con pearance stating an intention to appear 11. It is further ordered, That, in the struct and operate for 1 year without event of a grant of either application, the on the date fixed for the hearing and revenue. To meet this requirement it present evidence on the issues specified construction permit shall contain the relies on funds on deposit of $2,680, a in this order. following condition: loan from a stockholder of $20,000 and Permittee shall accept such interfer 9. It is further ordered, That the ap profits from existing operations of plicants herein shall, pursuant to section ence as may be imposed by existing 250 $6,000, for a total of $28,680. Therefore, watt Class IV stations in the event they 311(a) (2) of the Communications Act of an issue will be specified to determine the 1934, as amended, and § 1.594 of the are subsequently authorized to increase availability of the additional $51,320 power to 1,000 watts. Commission’s rules, give notice of the which would be required for construction hearing, either individually or, if feasible 12. It is further ordered, That, to avail and first-year operation. themselves of the opportunity to be and consistent with the rules, jointly, 4. International Radio, Inc., proposes within the time and in the manner pre heard, the applicants herein, pursuant to approximately 50 percent duplicated pro § 1.221(c) of the Commission’s rules, in scribed in such rule, and shall advise the grams while Radio KYNO, Inc., proposes Commission of the publication of such person or by attorney, shall, within 20 independent operation. Therefore, evi days of the mailing of this order, file notice as required by § 1.594(g) of the dence regarding program duplication rules. with the Commission, in triplicate, a will be admissible under the standard written appearance stating an intention Adopted: May 22, 1968. to appear on the date fixed for the hear comparative issue. When duplicated pro graming is proposed, the showing per Released: May 24, 1968. ing and present evidence on the issues mitted under the standard comparative specified in this order. issue will be limited to evidence concern F ederal C ommunications 13. It is further ordered, That the ap o m m is s io n ing the benefits to be derived from the C ,1 plicants herein shall, pursuant to section proposed duplication, and a full com [ seal] B e n F . W aple, 311(a) (2) of the Communications Act of Secretary. 1934, as amended, and § 1.594 of the parison of the applicants’ program pro posals will not be permitted in the ab [F.R. Doc. 68-6369; Filed, May 28, 1968; Commission’s rules, give notice of the 8:48 a.m.] hearing, either individually or, if feasible sence of a specific programing inquiry— and consistent with the rules, jointly, Jones T. Sudbury 8 FCC 2d 360, FCC within the time and in the manner pre 67-614 (1967). [Docket Nos. 18193-18195; FCC 68M-831] 5. Except as indicated below, the ap scribed in such rule, and shall advise the SERVICE ELECTRIC CABLE TV, INC Commission of the publication of such plicants are qualified to construct and notice as required by § 1.594(g) of the operate as proposed. However, because of Order Scheduling Hearing rules. their mutual exclusivity, the Commission is unable to, make the statutory finding In re requests for order to show cause Adopted: May 22,1968. that a grant of the applications would directed against the following CATV Released: May 24, 1968. serve the public interest, convenience and operations: Service Electric Cable TV, necessity, and is of the opinion that the Inc., trading as Mountain City TV Co., F ederal C ommunications applications must be designated for Hazelton, Pa., Docket No. 18193, SR- C o m m is s io n ,2 hearing on the issues set forth below. 3716, SR-1710; Service Electric Cable [ seal] B en F . W aple, 6. It is ordered, That, pursuant to sec TV, Inc., trading as TeleService Co. of Secretary. tion 309(e) of the Communications Act Wyoming Valley, Wilkes-Barre, Pa, [F.R. Doc. 68-6368; Filed, May 28, 1968; of 1934, as amended, the applications Docket No. 18194, SR^3716, SR-278; 8:48 a.m.] are designated for hearing in a consoli Service Electric Cable TV, Inc., Mahanoy dated proceeding, at a time and place to City, Pa., Docket No. 18195, SR-3716, be specified in a subsequent order, upon SR-5710, SR-276. [Docket Nos. 18202,18203; FCC 68-566] the following issues: It is ordered, That Chester F. Naumo- RADIO KYNO, INC., AND INTER 1. To determine whether there is a wicz, Jr. shall serve as Presiding Officer NATIONAL RADIO, INC. reasonable possibility that the tower in the above-entitled proceeding; that height and location proposed by Inter the hearing therein shall be convened Order Designating Applications for national Radio, Inc., would constitute a on July 24, 1968, at 10 a.m.; and that Consolidated Hearing on Stated menace to air navigation. a prehearing conference shall be held Issues 2. To determine whether International on June 28, 1968, commencing at 9 a.m.; Radio, Inc., has available to it the addi and, It is further ordered, That all pro In re applications of Radio KYNO, tional $51,320 required to cover con ceedings shall take place in the offices Inc., Fresno, Calif., Docket No. 18202, struction and first-year operation of its of the Commission, Washington, D.C. File No. BPH-6118, Requests: 95.5 me, proposed station and thus demonstrate Issued: May 20, 1968. No. 238; 50 kw; 318 feet; International its financial qualifications. Radio, Inc., Fresno, Calif., Docket No. 3. To determine, if issues one and two Released: May 23, 1968. 16203, File No. BPH-6202, Requests: 95.5 are resolved in International Radio, Inc.’s F ederal C ommunications me, No. 238; 50 kw; 272 feet; for con favor, which of the proposals would struction permits. C o m m is s io n , better serve the public interest. [ seal] B e n F . W aple, 1. The Commission has under con 4. To determine in the light of the Secretary. sideration the above captioned and evidence adduced pursuant to the fore described applications which are mutu- [F B . Doc. 68-6370; Filed, May 28, 1968; going issues, which of the applications 8:48 a.m.] for construction permit should be 2 Commissioner Wadsworth absent. granted. 1 Commissioner Wadsworth absent. FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1963 NOTICES 7855 T. 13 N., R. 2 W ., connection of its facilities with the fa FEDERAL POWER COMMISSION Sec. 15, lots 4, 5, 6, 10, 11; cilities proposed to be constructed by Ap Sec. 22, lots 2, 8; plicant and to sell and deliver to Appli LANDS WITHDRAWN IN PROJECT Sec. 23, lots 5 ,10 ,1 1 ,1 3 ,1 4 ; cant volumes of natural gas, all as more NOS. 1015 AND 1042 Sec. 26, lots 20, 28, 29, 30, 33,34; Sec. 35, lots 5, 7, 8,14,15. . fully set forth in the application which Order Vacating Withdrawals Under is on file with the Commission and çpen Applicant advises that some of the to public inspection. Section 24 of the' Federal Power Act subject lands are involved in proposed Specifically, Applicant proposes to pro M a y 21,1968. land exchanges which will result in vide firm natural gas service to the Application has been filed by the U.S. measureable benefit to the United States Franklin County Consolidated School Forest Service (Applicant) for vacation because of a more efficient administra No. 288 presently under construction in of the power withdrawals pertaining to tion of National Forest lands. Franklin County, Kans. The estimated the following described lands of the The above-descriSed lands lie a few peak-day and annual requirements are United States located within the Prescott miles south of Prescott, Ariz. 120 Mcf and 3,800 Mcf, respectively. The lands described in A above, com National Forest: The Applicant proposes to construct A. All unpatented portions of the lands prising about 8 acres, are withdrawn and operate 4,135 of 2-inch main, 10 feet located approximately in section 30, T. pursuant to the filing on August 22, 1929 of 2-inch service line, one regulator, one 121/2 N., R. 1 W., Gila and Salt River of an application for license for trans meter and one odorizer. Total estimated Meridian, lying within 25 feet of the mission line Project No. 1015. The lands cost is $7,217. Since Applicant has re center line of the transmission line loca described in B above, comprising about ceived a state certificate authorizing the tion beginning at the end of the existing 44 acres, are withdrawn pursuant to the proposed service, no statement with re Sheldon Transmission Line, thence in a filing on December 12, 1929, as supple spect to financing is submitted pursuant southwesterly direction through Prescott mented on May 6, 1932, and June 18, to § 250.6(12) of the Commission’s regu National Forest to proposed Chase Mine 1936, of an application for license for lations under the Natural Gas Act. transmission line Project No. 1042. Substation, Chase Mine, as shown on a Protests or petitions to intervene may map designated “Exhibit K ” and entitled While licenses for Project Nos. 1015 and 1042 were issued their surrender was be filed with the Federal Power Commis “Showing The Arizona Power Company’s sion, Washington, D.C. 20426, in accord Right-of-Way—Chase Mine Transmis accepted by the Commission by its order issued August 1, 1944 (not published) in ance with the rules of practice and pro sion Line—Through Prescott National cedure (18 CFR 1.8 or 1.10) on or before Forest and Private Lands, Prescott, which the Commission found that the June 17,1968. Yavapai County, Arizona, July 29, 1929”, transmission lines comprising Project Nos. 1015 and 1042, among other lines, G ordon M. G rant, and filed in the office of the Federal Secretary. Power Commission on August 22,1929. “serve primarily as parts of the licensee’s public utility system, and are not within [F.R. Doc. 68-6329; - Filed, May 28, 1968; B. All unpatented portions of the lands 8:45 am .] located approximately in unsurveyed the licensing authority of the Commis sections 34,35, 36, T. 12 V2 N., R. 2 W., and sion under the Federal Power Act.” Fol section 3, T. 12 N., R. 2 W., Gila and lowing the Commission’s action, some of [Docket No. RI63-346 etc.] the lines were dismantled and the lands Salt River Meridian, lying within 25 feet SUN OIL CO. of the center line of the transmission line occupied thereby were restored to a con location shown on a map designated dition satisfactory to Applicant. The re Order Severing and Terminating “Exhibit K” and entitled “Showing The maining lines are operating under Forest Proceedings Arizona Power Company’s Right-of-Way, Service special use permits Whether or M ay 21,1968. Davis Dunkirk Mines Transmission Line, not they are within the power with Prescott National Forest, Public and drawal area. Sim Oil Co. (Sun) on February 8,1968, Private Lands, Prescott, Yavapai County, The Commission finds: The power filed a motion in the above-captioned Arizona”, and filed in the office of the value of the subject lands is for trans proceedings requesting termination of Federal Power Commission on December mission line purposes, all as recognized such proceedings which cover a jurisdic 12, 1929. by the Forest Service Special Use Per tional sale of natural gas derived from All unpatented portions of the lands mits. The withdrawals pertaining to the new gas well gas from the Brown Bassett located approximately in unsurveyed lands pursuant to the filing of applica Field, Crockett County, Tex., Permian NEy4, Sec. 35, T. 12y2 N„ R. 2 W., Gila tions for licenses serve no useful purpose Basin area, under its FPC Gas Rate and Salt River Meridian,, lying within and should be vacated. Schedule No. 151. These proceedings in 25 feet of the center line of the trans- The Commission orders: The with volve an increase in rate from 16 cents to nussion line location shown on a map drawals of the subject lands pursuant 17 cents per Mcf, less contractual de S e a te d “Exhibit K ” and entitled to the applications for licenses for Project ductions for treating the gas, which re Showing Right , of Way of the Arizona Nos. 1015 and 1042 are hereby vacated. sults in a net price of less than 14.25 Power Company Harlan Transmission By the Commission. cents per Mcf from its purchaser, El Line through Prescott National Forest, Paso Natural Gas Co.1 The contract pro Prescott, Yavapai County, Arizona*’, and Tseal] G ordon M . G rant, vides for the deduction by the buyer of hied in the office of the Federal Power Secretary. the actual cost of removing the diluent commission on May 6, 1932. [FJt. Doc. 68-6328; Filed, May 28, 1968; content in the delivered’ gas, but not in AH portions of the following tracts 8:45 a.m.] excess of 4.5 cents per Mcf. wtthin 25 feet of the center line In its motion, Sun states that on i the transmission line location shown [Docket No. CF68-313] July 12,1966, it filed a quality statement, on a map designated “Exhibit K ” and in compliance with Opinion No. 468, 34 TOled “Map Showing Right of Way of GAS SERVICE CO. AND PANHANDLE FPC 241, which reflects an applicable ne Arizona Power Corporation, Groom EASTERN PIPE LINE CO. area ceiling rate of 14.25 cents per Mcf « , Transmission Line, Amendment (a base rate of 16.5 cents, less treating £0 2 to Project No. 1042 Through Public, Notice of Application cost of 1.92 cents and downward B.t.u. t/Jj» and Prescott National Forest M ay 21, 1968. adjustment of 0.33 cent per Mcf), and, fwi? filed in the office of the among other things, that its net price Take notice that on May 14, 1968, The received in these proceedings has ranged 193(3* Power Commission on June 18, Gas Service Co. (Applicant), 700 Scarritt Building, Kansas City, Mo. 64142, filed 1 These proceedings cover a- locked-in pe Gila and Salt R iver Meridian in Docket No. CP68-313 an application riod. A higher increased rate of 18 cents per N., R. 2 W „ (unsurveyed), pursuant to section 7(a) of the Natural Sec. 23, Wi/2w y2; Mcf subject to contractual dedications for Gas Act for an order of the Commission a net rate of 14.055 cents per Mcf has been 26, Wy2wy2; directing Panhandle Eastern Pipe Line accepted subsequent to the commencement Seo» 35> NW%NWî4 î Co. (Respondent) to establish physical of these proceedings. FEDERAL REGISTER, VOL 33, NO. 105—WEDNESDAY, MAY 29, 1968 7856 NOTICES from a low of 12.5 cents to a maximum 4. This inquiry is instituted under the panies, whose trust assets in many cases of 13.947339 cents per Mcf. authority of section 14(a) of the Natural are not of sufficient size to make the es By-order issued August 5, 1965, as Gas Act (52 Stat. 828 (1938) ; 15 U.S.C. tablishment of their own legal common amended by order issued November 12, 717(m) to aid in the enforcement of trust funds practical. 1965, 34 PPC 424,1287, Docket Nos. RI63- section 4(e), 5(a), 8(a), and 10(a) of Applicant is presently authorized to 346 and RI66-18 were consolidated in the the Act (52 Stat'. 822, 823, 825, 826 (1938) ; issue 300,000 shares of capital stock of Permian Basin show cause proceeding, 76 Stat. 72 (1962) ; 15 U.S.C. 717c, 717d, $1 par value. Purchase of Applicant’s Docket No. AR61-1. Accordingly, since 717g, 717i). shares is limited by the New York statute the net contract rate collected by Sun 5. Any interested person may submit to trust companies and state or national under the rate proceedings herein is less to the Federal Power Commission, Wash banks having trust powers which have than the applicable area ceiling rate, ington, D.C. 20426 not later than Sep their principal offices within the State good cause exists for severing these pro tember 3, 1968, data, views, and com of New York, and their nominees. Thus, ceedings from the show cause proceeding ments in writing concerning the matter it is restricted to intrastate operation, in Docket No. AR61-1, for terminating under investigation. An original and 14 within the exemption of section 3(a) (11) the proceedings in Docket Nos. RI63-346 conformed copies should be filed with of the Securities Act of 1933. Banks or and RI66-18, and for discharging the re the Commission. It may later appear ap trust companies operating their own funding obligations in said terminated propriate to require cross service among legal common trust funds are not eli proceedings. the parties submitting views and com gible to purchase applicant’s shares. The Commission orders: For the fore ments. Submissions to the Commission Applicant started in business on going reasons, Docket Nos. RI63-346 and should indicate the name and address April 29, 1955. On October 31,1955, Ap RI66-18 are severed from the show cause of the person to whom correspondence plicant’s shares were held by 31 banks proceeding in Docket No. AR61-1, the should be addressed. Those who have no and . trust companies holding 23,289 refund obligations in Docket Nos. RI63- present comments or requests but want shares with an aggregate value of $2,- 346 and RI66-18 are discharged, and the to receive correspondence in this matter 375,160.53. As of October 31, 1967, there proceedings in Docket Nos. RI63-346 and should also submit the name and address were 56 participating banks and trust RI66-18 are terminated. of the person to whom correspondence companies holding 216,308 shares having should be addressed. It may also appear an aggregate market value of $25,227,- By the Commission. appropriate to hold conferences in this 987.71. Present indications are that fu [ seal] G ordon M . G rant, matter; written comments should include ture growth, if any, will be somewhat Secretary. any request for a conference together more limited. with the reasons and agenda therefor. Applicant, since its inception, has had [F.R. Doc. 68-6330; Filed, May 28, 1968; a contract with the Manufacturers Han 8:45 a.m.] We are directing Leo E. Forquer, Assist ant General Counsel, of our staff to be over Trust Company of New York City chairman of conferences in this matter. to serve as custodian, investment adviser, [Docket No. RI68-625] The Commission will consider all submis transfer agent, registrar, and depositary sions before acting on this inquiry. for Applicant’s funds. DATA FOR CONTINUING REGULA Applicant’s powers to invest are limited TION OF INDEPENDENT PRODUCER By direction of the Commission. both by law and regulation of the Bank RATES [ seal] G ordon M . G rant, ing Board of the State of New York so that, except for obligations of the United Notice of Inquiry Secretary. [F.R. Doc. 68-6331; Filed, May 28, 1968; States, Applicant may not invest more M a y 21, 1968. 8:45 a.m.] than 10 percent of its.assets in the se 1. The Supreme Court recently af curities of any one issuer nor may its in firmed the Commission’s opinion and vestments in the stock of any corpora orders in the Permian Basin Area Rate tion'exceed 5 percent of the total num Cases,_____ U.S.______(Nos. 90, et al., SECURITIES AND EXCHANGE ber of shares of stock of such corpora October Term 1967, decided May 1,1968). tion as are outstanding at the time of The Commission now desires the as acquisition by Applicant. COMMISSION Investment in and redemption of Ap sistance of interested parties in develop [812-2265] ing the means by which the Commission plicant’s shares by those qualified to hold may secure relevant up-to-date informa BANK FIDUCIARY FUND the same are permitted only on desig tion for continuing review of producer nated valuation dates. The Banking rates. While sources for some informa Notice of Filing of Application for Board of the State of New York has fixed tion may now be available,1 it appears Exemption the last business days of January, April, July, and October of each year as man that the Commission may have to collect M ay 23,1968. data directly through the establishment datory valuation dates, and Appli of a report to be regularly supplied by Notice is hereby given that Bank cant’s Board of Directors has power to independent producers. Fiduciary Fund (“Applicant” ) , c/o Dor designate such other dates as it may sey, Burke & Griffin, 44 Wall Street, New deem desirable. The value of each share 2. The Commission requests the views York, N.Y. 10005, a New York corpora of Applicant’s stock shall be determined and suggestions of interested persons tion which is registered as a diversified on any designated valuation date on the about what Commission data collection open-end management investment com basis of market value according to the system would be most appropriate for pany under the Investment Company formula prescribed by the New York continuing producer rate regulation. Act of 1940 (“Act” ) has filed an applica Statue Banking Board which has been in Those submitting comments favoring tion pursuant to section 6(c) of the Act corporated in Applicant’s bylaws. data collection are requested also to sub requesting an order of the Commission mit proposed report forms. Applicant’s enabling statute empowers exempting it from the provisions of sec the Banking Board of the New York 3. This notice is a first step toward tion 22(e) and thereby permitting it to State Banking Department to regulate establishing ah appropriate data system. value its assets quarterly for the purpose the conduct and management of Appli We anticipate other steps, including con of redemptions. cant’s affairs and to prescribe, .among ferences and publication for comment Applicant was organized under a New other things: (1) The records and ac of any data system or report form the York statute which authorized the crea counts to be kept by Applicant; (2) the Commission designs. tion of mutual trust investment com procedures to be followed in the sale or panies to serve as a medium for the com redemption of Applicant’s shares; (3) 1 Such sources may well be strengthened as the methods and standards to be em a result of the work of the Interagency mon investment of trust funds held by Petroleum Statistics Task Force (under the small banks and trust companies in the ployed in determining the value of Appli leadership of the Department of the Interior) State of New York. Applicant was de cant’s shares and the investment of its and the American Petroleum Institute’s signed to provide an investment medium assets; and (4) the maximum propor Petroleum Statistics Liaison Group. for these smaller banks and trust com tionate shares of Applicant which may FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7857 be apportioned or sold to any one trust except under certain conditions specified notified if the Commission shall order a company or bank. Applicant’s activities in section 22(e). hearing thereon. Any such communica are regulated accordingly under General In light of the statutory limitation on tion should be addressed: Secretary, Regulation No. 19 promulgated on De Applicant’s investment activities and the Securities and Exchange Commission, cember 29, 1954, by the Banking Board supervision of the New York State Bank Washington, D.C. 20549. A copy of such of the State of New York. ing Department, Applicant believes that request shall be served personally or by Applicant contends that compliance compliance with the provisions of section mail (airmail if the person being served with section 22(e) of the Investment 22(e) of the Investment Company Act of is located more than 500 miles from the Company Act of 1940 would be burden 1940 is not required for the protection of point of mailing) upon Applicant at the some not only on participating banks but the trusts of participating banks. Al address stated above. Proof of such serv especially its own operations. Applicant though the Board of Directors of the ice (by affidavit or in case of an attorney points out that it was established to pro Applicant does have the right to change at law by certificate) shall be filed con vide economical common trust fund fa the valuation dates, the matter has never temporaneously with the request. At any cilities for participating banks ar 1 that been considered by the Board because the time after said daté, as provided by Rule all expenses for operating Bank Fiduci quarterly dates have proven entirely 0-5 of the rules and regulations promul ary Fund are chargeable to the income satisfactory. gated under the Act, an order disposing account. Accordingly, it is represented For these reasons, Applicant requests of the application herein may be issued that the increase in operating expenses that the Commission enter an order pur by the Commission upon the basis of the which compliance with section 22(e) suant to section 6(c) exempting Appli information stated in said application would entail would adversely affect cant from the provisions of section 22(e) unless an order for hearing upon said earnings of the Fund and would be a of the Investment Company Act of 1940 application shall be issued upon request heavy burden on the beneficiaries of and urges that such an exemption is or upon the Commission’s own motion. small trusts which the Fund was sup necessary and appropriate in the public Persons who request a hearing or advice posed to benefit and thus far has bene interest and consistent with the protec as to whether a hearing is ordered will fited. tion of investors and the purposes fairly Specifically, applicant seeks to be re intended by the policy and provisions of receive notice of further developments in lieved from compliance with the provi the Investment Company Act of 1940. this matter, including the date of the sions of section 22(e) of the Investment Notice is further given that any in hearing (if ordered) and any postpone Company Act of 1940 which, in sub terested person may, not later than June ments thereof. stance, prohibits a registered investment 10,1968, at 5:30 p.m., submit to the Com For the Commission (pursuant to dele company from suspending the right of mission in writing a request for a hearing gated authority). redemption or postponing the date of bn the matter accompanied by a state payment for satisfaction upon redemp ment as to the nature of his interest, the [ sea Li O rval L . D ttB o is , tion of any redeemable securities, in reasons for such request and the issues Secretary. accordance with its terms, -for more than of fact or law proposed to be contro [F.R. Doc. 68-6333; Filed, May 28, 1968; 7 cfays after the tender of such security, verted, or he may request that he be 8:45 a.m.] FEDERAL REGISTER, VOL. 33, NO. 105—-WEDNESDAY, MAY 29, Ï968 7858 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— MAY 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 May. 3 CFR Page 7 CFR— Continued Page 12 CFR— Continued Page P roclamations : 1040______6614 222______6967 3848 ______6599 1065 ______6624 224______6708 3849 ______7225 1066 ______6624 555______7298 3850 ______7227 1134______6634 611______7819 3851 ______7483 1201______7068 P roposed R u l e s : 1421___ 7068, 7069, 7296, 7442, 7663, 7667 E xecu tive O rders: 9— _____ — ___ 7687 1425______7071 8647 (see PLO 4417)______7685 221______7263 1427______7230, 7443 541______7261 11183 (amended by EO 11410) _ 6911 1434______6936 11248 (amended by EO 11409) _ 6601 545______— ___ 7261 11394 (amended by EO 11411) _ 7145 1438—______7071 563______7262,7263 11409 ______6601 P roposed R u l e s : 11410 __ 6911 18____ -______7455 13 CFR 11411 ______7145 52______6784 120______7621, 7751 P residential D ocum en ts O ther 301______7155 Ch. IX ______7155 123______— 7622 T h a n P roclamations and E x e c u 905______7328 305______6854 tive O rders: 908_-______6667 P roposed R u l e s : Reorganization Plan No. 3 of 911______7823 121______7263 1967 (see Reorganization 915______7823 Plan No. 3 of 1968)______7747 932—______7823 14 CFR Reorganization Plan No. 2 of 953______6878 1968______■___ 6965 1001 ______7184,7831 21______6856 Reorganization Plan No. 3 of 1002 ______7184, 7190, 7687, 7831 37______6812 1968______7747 1003 ______7184 39______—______6855, Reorganization Plan No. 4 of 1004 ______7184 7019, 7073, 7110, 7298, 7486, 7566, 1968______7749 1006 ____ |______7119 7751. 1007 ______7444 61______6772 4 CFR 1009______6937 71______6645, P roposed R u l e s : 1015______7184, 7831 6708-6710, 6859, 6913-6917, 7019, 20______7331 1016—___ 7184 7020, 7231, 7232, 7299, 7566, 7669, 1030 ______7516 7717-7719. 5 CFR 1031 ______7516 73______6917, 7669, 7719 1036______7156 75______L— 6710, 6917 213______6809, 7295, 7555, 7817 1038 ______7516 91______6856, 7623 351______7109 1039 ______-.______7516 95______7147 353_____ 7229 1045______7516 97______6773, 6918, 7020, 7300, 7670 550______6932, 7032 1051------7516 121______6772 630______6645 1063 ______6977, 7516 233______7751 734 ______6809 1064 ______6713, 7576 288______6645, 7315 735 ______6809 1090______6714 399______6652 772______7715 1131______7087 P roposed R u l e s : 831______7715 1138______7761 17 7041 1205______7157, 7243 39______6719, 6937 7 CFR 61______7764 1_^______—_ 7295 8 CFR 63______6720 15______£____ 7065 103------7751 71______i ______6721, 51______7619 211------7485 6722, 6881, 6882, 6937-6940, 7042- 61______7619 238------7485 7045, 7258-7260, 7329-7331, 7581, 68______6971, 7229, 7817 289------7485 7696-7698, 7726, 7727. __ 7728 215______6973 316a------7485 73_ ___ 6940 250______6973 P roposed R u l e s : 75_ 301______7555, 7557, 7563, 7818 91_ i _ __ 7764 601______7019 204------_------7498 121 ___ 7698 722______6701, 6705, 7564 127 _ 7698 724______7619 9 CFR 151 7582 __ 7582 730______7065 7 4 „ ____ — ______6810, 6932 171______7764 751______7495 78______7109 207 798___ 7066 328______7620 241 _ 6986 811______c_____ —— 7496 355___ 6707 814 ------6851 P roposed R u l e s : 15 CFR 815 ______6706 7073 310------7761 i o ______845______»______6936 30______7624 862______7437 10 CFR P roposed R u l e s : 905______- 67062------6707 908____ 6603, 6707, 6974, 7229, 7295, 7620 1000______- ______6788, 7577 910______6809, 7067, 7440, 7717 P roposed R ules : 916 ------7440, 7564, 7565 140------_.------6978, 7458, 7835 16 CFR 917 ------7441, 7497 4q — ___ 7032 __ 7032 918 ------7117, 7296, 756512 CFR 945______6936 204____ 6769 jg ______6810, 967______7442 207______7230, 7485 7486~7487, 7566, 7567, 7569, 7752- 991______7229 220______7231 7756. „„on 1033______6604 221______7231, 7485 15__;___ 6860, 7111, 7149, 7488, 7489, 7720 FEDERAL REGISTER 7859 16 CFR— Continued Page 22 CFR—Continued page 32 CFR— Continued 24______7405 Proposed R u l e s : 203______7758 213______6811 30______7424 244------— ------6940 200______7034 23 CFR 241______6869 17 CFR 255______7820 706____ 7759 150______7624 882______6970 200______7 6 2 5 P roposed R u l e s : 230 7682 255______7261 32A CFR 04O ______7075, 7682 NSA (Ch. X V in ): 049 7075 24 CFR OPR-2______6710, 7035 250IIIIII______— - 7682 51______— 6654 Proposed R u l e s : Proposed R u le s: 200______6655, 7490 1______7240 203______7081, 7112OIA (Ch. X ) : 207______7081 OI Reg. 1______7822 213______7081 18 CFR 33 CFR 141______7668 220 ______7081 260------7668 221-______7082 117______7035, 7082 231 ______7082 207 _____ 7626, 7723 Proposed R ules: 232 ______7082 208 ______!______... ______7571 6989 2______- — 234______7082, 7112401______- ___ 7083 lOOf______7082 19 CFR 1100______7082 36 CFR 1 _____ „ ______6860 6 ______—______6710 4 ______— — 7819 25 CFR 7 ______7084, 7444 8______6603,6811 31______6968 326______7626 13______7820 221 ____ 6656 504_____ 6656 16______7077, 7111 Proposed R u l e s : Proposed R u l e s : 19 ______7819 7______6667, 7086, 7240, 7444 21______7819 221______7240 24______7626 26 CFR 38 CFR 20 CFR 1______,__ _ 6968 8 _ 7326 36______6974 405______7317 173____ 6812 621..______7570 175—______6814 194______6814 39 CFR Proposed R u le s: 200 ______6814 Ch. I—______- ______6875,7114 404______7244 201 ______6814 141_____ 6933 250 ______— 6817 155______7232 21 CFR 251 ______6818 158______6933, 7760 1.— ______6861 601______- ____6819, 7082 171______6934 2 ______7324, 7684, 7720 Proposed R u l e s : 222______7114 3 ______6967 1 ______7155,747 7822______7426 14------6861 912______— 7036, 7233 27------J______6862-6865, 7077, 7232 29 CFR P roposed R u l e s : 31------6653 71______7113 151______7575 120 ------6653, 6967, 7111, 7489, 7720 121 ------6654, 511______7571 850___ *______7683 41 CFR 6867, 6868, 7112, 7324, 7684, 7685, P roposed R u l e s : 1_12______7429 7757. 5-1______— ______7430 130.— ______7077, 7758 11______7695 1500______— 6719, 7243 5-12______7431 145______7324, 7721 8 - 19______6876 146a------7490, 7722 148------77 23 30 CFR 9- 3_ 7150 149a______;___ 7324 9-4—______- 7115 Proposed R u l e s : 9-7 ____ 7572 191------7685 2 ______—_____ 6828 9-15______7431 Proposed R ules: 9-16______7115 1------6828, 7726 31 CFR 14-6— ______7037 3------7087 407— ______-______7149 14-7______7432 5------6828 14-8______7436 17...______7696 32 CFR i4-10______7436 18------6977, 7456 Ch. I______6913 14-11______7436 20______7834 1 ______7347 51-1______7627 27______7119 2 ______7358 60-1______7804 42------7328, 7498 3 ______— 7358 101-25______7668 53------6667 4 ______7359 101-26______7151 80------6828 5______7359 101-35______—_____— 6657 !20------6880, 6881, 7120 6 ______7359 P roposed R u l e s : 125------6828 7 ______7363 50-204______7695 !30------7762 8______- ______7364 131------»______7087 9 __ 7399 42 CFR 10 ______7400 73__ s_____ ;______6658 22 CFR 11 _;___ 7401 5... ____ 7078 12 ______7401 43 CFR 6. — '____ 7078 15______i ______7402 41.. ____ 7669 16 ______7402 P ublic L and O rders: 42.. 7425, 7626 18______7403 559 (see PLO 4417) — ______7685 133. ____ 7081 22 __ a______7404 4412 ______-______6659 201. ____ 6769 23 ______7405 4413 ______6826 7860 FEDERAL REGISTER 43 CFR—Continued Page 47 CFR page 47 CFR— Continued P ublic L and O rders—Continued Ch. I______7820 P roposed R ules— Continued 4414 ______7039 0 ______7152, 7153 91------7157 4415______- _____ 7151 1 ______7152, 7490 93------7157 4416 __ 7572 17______— 703949 CFR 4417______- _____ 7685 21______7234, 7572 P roposed R u l e s : l ______6711, 6876, 7039, 7493 73_____ 6959, 6662, 6934, 7120, 7490, 7573 93______------7821 3000______7575 87______— 6663, 7154, 7724 95______— ______6913 3180______7119 91______6664 173______— 7493 177______1— 7493 44 CFR 95— ______— 7724 1033______7495 P roposed R u l e s : 97______— ______7153 1041______— ______6711, 7629 1048______6771,7436 401______— ______- 7630 P roposed R u l e s : 1100— ______7821 45 CFR 21— ______P roposed 7157 R u l e s : 801— ______7760 23______7157 1042 _____ 6882 25______7157 1043 _____ 7120 1048______7836 46 CFR 73 ______6668, 1084______7120 524______, ______7116 6669, 7120, 7157, 7158, 7583, 7586, 536______7152 7835. 50 CFR P roposed R u l e s : 74 ______7157 13______...... 6827 504______6788 28______— _ 7686 531______7498 87______7157 32 ______— 6711,6935 536______7498, 7728 89____ ^______7157 33 ______6665,6712, 7085 FEDERAL REGISTER VOLUME 33 • NUMBER 105 Wednesday, May 29, 1968 • Washington, D.C. P A R T II Department of Agriculture Standby Defense Food Orders No. 105—Pt. n ___1 7862 NOTICES (b) “Order Administrator” means any formal or informal hearing on such ap DEPARTMENT OF AGRICULTURE person designated to administer the De peal either upon its own initiative or fense Food Order which is the subject of upon request by the appellant. Office of the Secretary a petition or appeal. (b) If a hearing is to be held, the PROCEDURE GOVERNING PETITIONS (c) “Appeals Board” means the U.S. Appeals Board shall fix the date, time, Department of Agriculture Defense Food and place and shall so notify the appel AND APPEALS AND FOOD MAN Order Appeals Board established pur lant and the Order Administrator. The AGEMENT suant to section 6 hereof. Appeals Board may. also arrange for Notice of Standby Defense Food (d) “Petition” means a written request participation in such hearing by other signed by a person, or his authorized appropriate persons or government of Orders representative, seeking relief from the ficials. An appellant may be represented On May 3, 1967, there were published provisions of a Defense Food Order. by counsel or other person. If he is rep in the Federal R egister (32 F.R. 6826, (e) “Appeal” means a written request resented by counsel or other person but et seq.) notices of Proposed Standby De signed by a person, or his authorized is not present at the hearing, the appel fense Food Order No. 1, relating to pro representative, seeking review by the lant must notify the Appeals Board in cedures governing petitions and appeals, Appeals Board of final action taken on writing that he has authorized such and Proposed Standby Defense Food a petition by the Order Administrator. counsel or other person to represent Order No. 2, relating to food manage Sec. 3. Basis for petitions. The basis him. ment. Interested persons were afforded a for a petition shall be exceptional or (c) The Chairman of the Appeals period of 90 days for submitting written unreasonable hardship or other grounds Board shall notify in writing the appel data, views, or comments. On August as may be provided in the Defense Food lant, the Order Administrator, and other 2, 1967 (32 F.R. 11239) the 90-day period Prder under which a petition is filed. parties to the appeal, of its decision. was extended to September 5,1967. Sec. 4. Procedure for filing and con Within 15 days following receipt of such After consideration of data, views, and tents of petitions. Petitions shall be filed notification of the decision of the Ap comments filed pursuant to the said with the appropriate Order Adminis peals Board, -the appellant or any other notices, and other information available trator. Each petition shall set forth all party to the appeal may file a request to the Department, it has been concluded pertinent facts, the Defense Food Order that such decision be reconsidered. Upon that Proposed Standby Defense Food involved, the nature of the relief sought, a showing of good cause in such request, Order No. 1 should be adopted in the and the justification therefor. the Appeals Board shall reconsider its form in which it was published; and Sec. 5. Action on petitions and right decision, and promptly notify the parties Standby Defense Food Order No. 2 as of appeal, (a) The Order Administrator of its final action. proposed should be adopted with certain shall consider the petition and notify minor modifications. the petitioner in writing as to the action Standby Defense Food Order No. 2 Accordingly, Standby Defense Food taken. Within 10 days after receiving Orders No. 1 and No. 2 are published such notification of the action taken, the FOOD MANAGEMENT below. Both are part of the regular, on petitioner may request in writing re Sec. consideration thereof by the Order Ad 1 Purpose. going defense preparedness plans of the 2 Definitions. Department. Both are standby measures, ministrator, stating new evidence or 3 Territorial scope. designed to be issued and made effective, other basis for such reconsideration. 4 Applicability. under applicable authority, only if this (b) Following reconsideration, the 5 Contracts and other obligations. country is attacked with nuclear Order Administrator shall promptly 6 Resupply bases. weapons. notify the petitioner in writing of his 7 Regulatory provisions. determination. The petitioner may file 8 Petitions for relief from hardship. Standby Defense Food Order No. 1 an appeal, in the manner prescribed in 9 Exceptions. 10 Reports, records and communications. PROCEDURE GOVERNING PETITIONS AND section 7 of this order, within 15 days 11 Investigations, inspections and audits. APPEALS after receiving such notification of the 12 Violations. Sec. determination. A u t h o r i t y : Secs. 101, 701-705, 707, 709, 1 Purpose. Sec. 6. Appeals Board. There is hereby 2 Definitions. 713, 64 Stat. 799 et seq., as amended (50 3 Basis for petitions. established a United States Department U.S.C. App. 2071, 2151-2155, 2157, 2159, 2163); 4 Procedure for filing and contents of of Agriculture Defense Food Order Ap E.O. 10480, as amended (50 U.S.C. App., Note petitions. peals Board, which shall consider all under sec. 2153) ; E.O. 10998 (27 F.R. 1524, 5 Action on petitions and right of appeal. appeals filed pursuant to this order. The 3 CFR, 1959-63 Comp., p. 543>; Defense Mo 6 Appeals Board. Secretary of Agriculture shall appoint bilization Order 8400.1 (28 F.R. 12164, 32A 7 Procedure for filing appeals. the_ Appeals Board consisting of three CFR/DMO 8400.1); Assignment of D e fe n s e 8 Action on appeals. members, each with an alternate, one of Responsibilities in USDA (29 F.R. 3820), as amended; Delegation 1— Emergency D e le g a A u t h o r i t y : Secs. 101, 701-705, 707, 709, 713, whom shall be appointed as Chairman. tion of Priorities and Allocations Powers (29 64 Stat. 799 et seq., as amended (50 U.S.C. In the absence of a member of the Board, ■F.R. 3824). App. 2071, 2151-2155, 2157, 2159, 2163); E.O. his alternate shall act in his place. 10480, as amended (50 U.S.C. App., Note under Agreement by two members of the Ap Sec. 1. Purpose. The purpose of this sec. 2153); E.O. 10998 ( 27 F.R. 1524, 3 CFR, rder is to provide a means for the or- 1959-63 Comp., p. 543); Defense Mobilization peals Board shall constitute a determina tion by the Board. erly maintenance of processing, storage, Order 8400.1 (28 F.R. 12164, 32A CFR DMO nd wholesale distribution of food in the 8400.1). Sec. 7. Procedure for filing appeals. An appeal shall be filed with the Order resent emergency. It provides also a Section 1. Purpose. This order sets leans of encouraging conservation ana forth the procedure for filing petitions, Administrator anchshall set forth (1) the name, address, and business of the ap fficient utilization of food. It is intended for actions on such petitions, and for ap s a temporary mechanism, to be re peals from such actions, pursuant to pellant; (2) the nature of the action appealed from, including but not being laced by more specific and specially Defense Food Orders providing for pe lilored procedures when conditions id” titions and appeals under this order. limited to, its date, case, or other identi fying number, and the Defense Food rove sufficiently to render such pro- Sec. 2. Definitidns. (a) “Defense Food Order involved; (3) the basis for the edures practicable. Order” means (l)a . Defense Food Order, appeal; and (4) a request for a hearing Sec. 2. Definitions. As used in this or- Suborder, or Amendment thereof issued and the justification therefor, if the ap- er and in suborders issued pursuant by an authorized representative of the pellent desires a hearing in the matter. U.S. Department of Agriculture, or (2) Sec. 8. Action on appeals, (a) The (a) “Order Administrator” means the other order, regulation, or directive under Order Administrator shall forward such ecretary of Agriculture or any ed* defense authorities, administered in appeal promptly to the Appeals Board. loyee of the U.S. Department of Agricui- whole or in part by the U.S. Department The Appeals Board shall docket such ire to whom authority has been of Agriculture. appeal and, in its discretion, may hold a ereafter may be delegated to issue a FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7863 administer this Order or suborders pur tion of an institutional or in-plant food (b) To any or all persons with respect suant to its provisions. service or other away-from-home eating to distribution of food, except those per (b) “Person” means any individual, place; or (3) on-site preparation of food sons specifically and individually ex corporation, partnership, association, or incidental to on-site consumption or sale empted from the provisions hereof by an any other organized group of persons, to ultimate consumers. applicable suborder issued pursuant or legal successor or representative of (j) “Customer” means any person, hereto: Provided, That no such subor any of the foregoing. For purposes of this other than an ultimate consumer, to der shall be issued unless and until the order, the term also includes the U.S. whom a food wholesaler or food proc Order Administrator is satisfied that dis Government and any agency thereof, and essor sells or delivers food under the pro tribution of the food stocks of the per the government of each of the States, visions of this order or to whom he sons thus exempted is being regulated by Commonwealths, and Territories, the customarily has sold or delivered food. the government of the State or a sub District of Columbia, and any of their (k) “Ultimate consumer” means any division thereof in a manner having sub •political subdivisions and agencies, but natural person or household procuring, stantially the same effects as those re such inclusion is with respect only to holding, or preparing food for final con quired to accomplish the purposes hereof their status as customers. sumption by such a person or within such ,with respect to distribution of food. (c) “Food” means all commodities and a household, and any person receiving Sec. 5. Contracts and other obliga products, simple, mixed, or compound, food service at an institutional, in-plant tions. (a) Except with respect to mili or compliments to such commodities or or other away-from-home eating place. tary requirements as provided for in sec products, that are capable of being eaten (l) “Distribute” or “distribution” tion 7(e) hereof, the provisions of this or drunk, by either human beings or means the act of consigning or physically order and of suborders issued pursuant animals, irrespective of other uses, to moving, transferring or delivering food hereto and the requirements thereunder which such commodities or products may to customers. shall be observed without regard to con be put, at all stages of processing from (m) “Lot” or “shipment” means any tracts or obligations heretofore or here the raw commodity to the products specific quantity, usually a number of after entered into, or any rights accrued thereof in vendible form for human or packages or a bulk quantity by weight or payments made thereunder. animal consumption. For the purposes or volume, of food being or to be (1) (b) No person shall be held liable for of this Order the term “food” shall also sold, offered, or contracted for sale; (2) damages or penalties for.any default un include all starches, sugars, vegetable processed, offered, or contracted for der any contract when such default re and animal fats and oils, cotton, tobacco, processing; or (3) transported, offered, sults directly or indirectly from compli wool, mohair, hemp, flax fiber, and naval or contracted for transportation. ance with this order or any suborder is stores but shall not include any ^such (n) “Resupply base” means either or sued pursuant hereto or any require material after it loses its identity as an both of the specific terms defined as fol ments thereunder. agricultural commodity or agricultural lows; product. Sec. 6. Resupply bases— (a) General. (1) “Special Product Base” is a quan Resupply bases shall be one or the other, (d) “Food facilities” means any or all tity to which a special and separate per or both, of the kinds defined in para individual plants or establishments in centage rate of resupply is applied, and graph (n) of section 2 hereof. They shall which or from which food is processed, means that quantity, in terms of dollar be established according to the general stored, or distributed to customers. volume, of sugar and sweeteners, or other rules set forth ih this section, and to (e) “Food producer” means any per specified food or group of foods found the specific provisions of any applicable son operating a farm, ranch, or other to be in critically short supply or because suborder issued pursuant hereto. In the enterprise for the production of unproc of its nature to be inappropriate for in event of termination of suborders pur essed food for sale. clusion in a General Products Base, which suant to the provisions of section 7(a) (2) (f) “Food processor” means any per a particular respondent distributed to a (i) hereof, resupply bases established son engaged in the business of altering particular customer during a specified pursuant to any terminated suborders or converting food from a raw, live,' or base period, computed in accordance with shall remain in full force and effect un semiprocessed state to a processed prod section 6 hereof; less and until a subsequent suborder is uct ready for consumption or further (2) “General Products Base” is an ag processing. sued pursuant hereto requires modifica gregate quantity to which a general per tion or termination thereof. (?) “Food wholesaler” means any per centage rate of resupply is applied, and son engaged in the business of assem (b) Who shall establish resupply means that quantity, in terms of aggre bases. (!) Each respondent shall estab bling food for sale or other distribution gate dollar volume, of all of the types or to persons other than ultimate con kinds of food, except foods excluded pur lish from his own records resupply bases sumers. The term includes purveyors to suant to section 6(c) (3) hereof, which a for each of his regular Customers as re hotels and restaurants; the bulk ware- particular respondent distributed to a quired under this order or any suborder nouse operations of any person distribut- particular customer during a specified issued pursuant hereto: Provided, That g food primarily to his wholly owned, base period, computed in accordance with in the case of the Armed Forces of the ember, or associated, food retailers; section 6 hereof. United States, no such bases shall be es cn persons as assemblers or country tablished; and in lieu thereof, the pro Sec. 3. Territorial scope. The provi visions of section 7(e) hereof shall be W *® * of fruits and vegetables, eggs, sions of this order and of any suborders applicable. °the/ foods similarly handled; and issued pursuant hereto shall be appli LTf Pr! dl!cers when selling or distribut cable within______1 (2) The Order Administrator shall i f J001* of their own production to other establish resupply bases for persons for Sec. 4. Applicability. Subject to the ex whom respondents have no records of assemblers, country shippers, proc- ceptions provided for in section 9 hereof, ssors, or ultimate consumers. The term prior distribution, and in doing so he may the provisions qf this order and of any rely upon the records of such persons or fnnrt Is 0Idy f° establishments where suborders issued pursuant hereto shall naririis assembled, stored, packed, or re- apply: upon such other information as is avail r f cl, ori otherwise handled, and ex able to him. cludes brokers and other agents. (a) To any or all persons with re (c) General rules for establishment of spect to the operation and utilization of resupply bases. (1) For purposes of this nrnî^cc f^boudent” means any food their respective food facilities; and jert or food wholesaler whirls sub order, each respondent shall classify his ject to the provisions of this Order. operations according to the following 1 E x p l a n a t o r y N o t e (Not part of this classes: (i) “Continuous,” meaning that retailer” means any person order) : This Order may be issued simul respondent’s distribution of food pro f0Æ ln the business of distributing taneously at any or all operating levels of ceeds at a substantially constant rate amnnff consumers including the USDA emergency organizations. Only this throughout the year, or (ii) “Inter the onpva*Krs’ any person engaged in (1) provision and the suborders provided for will vary. The description of the specific juris mittent,” meaning that respondent’s whollv/Î!,10ju OÎ f00d stores which are diction to be inserted in this space may be of orky a °hain or are members amended from time to time by the Order distribution of food characteristically ODerntf^f°Clated a wholesaling co- Administrator at State or higher levels to increases or decreases markedly in cer e or association; (2) the opera - meet prevailing conditions. tain seasons of the year because of the FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7864 NOTICES seasonal activities of some or all of his agement within the territorial scope of sonable precautions to assure that food customers; or that it varies seasonally one Order Administrator may inter distributed by him for human consump because of the seasonal nature of pro change or combine the resupply bases tion is fit for such consumption, or is such duction and distribution of the food established by each such facility: Pro that the end products processed there processed or distributed. If the Order vided, That any such interchange or from will be fit for such1 consumption Administrator determines that any re combination shall maintain the identity when processing is completed. spondent is incorrectly classified, he may and integrity of individual customer re (2) Whenever the Order Administrator require such respondent to change such supply bases, and that notice thereof has knowledge, from any source deemed classification as the Order Administrator shall be given immediately to the Order by him to be authoritative, that food deems appropriate to accomplish the Administrator and each affected cus being processed or distributed, or offered purposes of this order. tomer. for processing or distribution for human (2) A Special Product Base shall be Sec. 7. Regulatory provisions— (a) consumption, is unfit for such consump established separately for sugar and General. (1) No person shall process or tion or unlikely to be fit for such con other sweeteners and for each food or distribute food, or contract or otherwise sumption after processing, he shall combination of foods identified in appro agree to do so, contrary to the applicable restrict or prohibit, by suborder issued priate suborders issued pursuant hereto. provisions of this Order or of any sub pursuant hereto, the processing or dis Each such Special Product Base shall be order issued pursuant hereto. tribution of such food, or require the the average weekly dollar volume of the (2) Suborders issued pursuant hereto processing thereof into specified food particular food distributed by a respond and applicable within a Metropolitan products; and any such restriction, pro ent to a particular customer during a Area, a county or a State shall be subject hibition or requirement may apply to specified base period. to the following limitations: any or all foods, singly or by groups or (3) Each General Products Base shall (1) Whenever an' Order Administrator classifications, or to any or all individual be the average weekly dollar volume of issues any suborders pursuant hereto, lots or .shipments thereof, or may specify distribution by a respondent to a partic he shall provide therein as he deems nec points or areas of origin from which any ular customer during a specified base essary or advisable for supersedure, on or all shipments for processing or period, except that there shall be ex dates specified, of any or all suborders distribution are restricted or prohibited, cluded from such bases the dollar volume theretofore issued by Order Administra or may effect any combination of the of (i) foods for which Special Product tors of lesser territorial scope within his foregoing, as the Order Administrator Bases are required; (ii) foods with re jurisdiction; deems necessary to accomplish the pur spect to which a respondent is excepted (ii) In any event, whenever this order poses of this paragraph. from the provisions hereof by the provi is terminated all suborders issued pur (d) Distribution for civilian use. (1) As sions of section 9 hereof; and (iii) non suant to it likewise shall terminate ex a condition of obtaining food for his food products. cept as to completion of products then operations, each respondent is required (4) The base periods for the purposes being processed and to deliveries already hereby to supply food to customers for of establishing resupply bases shall be in transit pursuant thereto; and whom resupply bases have been estab (i) for continuous respondents, the 8 (iii) The termination of this order or lished by or assigned to him pursuant to calendar weeks last preceding the first of any suborder issued pursuant to it the applicable provisions of section 6 nuclear attack upon the United States, shall not operate to relieve any respond hereof and of suborders issued pursuant or such earlier 8-week period as is speci ent of liability pursuant to section 12 hereto. Such distribution by each fied by the Order Administrator; and (ii) hereof with respect to any violation respondent shall be substantially equi for intermittent respondents a moving committed prior to such termination. table among such customers, including period consisting of the quarter year 1 (b) Food processing. (1) Food proc assigned customers, in relation to their year prior to the quarter in which dis essors shall use raw food, partially respective shares of the aggregate of all tribution is being made or is to be made processed food and ingredients in such such resupply bases established by or pursuant hereto. manner and in such minimum or maxi assigned to such respondent, but no (d) Adjustment of resupply bases. The mum proportions, at such maximum respondent shall be held responsible for Order Administrator may adjust any re rates, and for the processing of such food failure to distribute as required for supply base when he determines that products, as are specified from time to reasons beyond his control. If for any such base is incorrect, unrepresentative, time in applicable suborders issued pur reason a respondent cannot supply food or in any manner inconsistent with the suant hereto. to a particular customer, he immediately purposes of this order. Any request for shall notify the Order Administrator. (2) No food processor shall process (2) No respondent shall distribute food such adjustment shall be treated as a food products in excess of such maximum Petition for Relief Prom Hardship pur to any customer at rates in excess of aggregate quantities or such maximum such percentages of aggregate and suant to the applicable provisions of output rates as are specified from time section 8 hereof. individual General Products Bases and to time in applicable suborders issued Special Product Bases as are prescribed (e ) -Assignment and reassignment ofpursuant hereto, or process products the resupply bases. (1) The Order Adminis in applicable suborders issued from time processing of which is prohibited by any to time pursuant hereto, except that a trator may assign all or part of the suborder issued pursuant hereto. respondent need not break cases, boxes, resupply bases established by him pur (3) Respondents having more than bags, or other customary pricing units suant to section 6(b) (2) hereof to one one facility under common general man solely to comply with such rates. or more respondents, who thereafter agement within the territorial scope of. (3) Distribution for civilian use shall shall treat the persons for whom they one Order Administrator may inter be on the basis of 1 week’s supply: Pr0~ are established as their regular cus change or combine such maximum ag vided, however, That the Order Admin tomers. The Order Administrator shall gregate quantities or maximum output istrator (i)' may authorize individual give notice of such an assignment to the rates as are established pursuant to sub respondents to distribute multiples of 1 assignee or assignees. section (b) (2) of this section: Provided, week’s supply at correspondingly longer (2) The Order Administrator may re That no such interchange or combination intervals, to any or all of their customers assign any or all resupply bases among shall (i) operate to increase the t6tal in view of unusual circumstances, and respondents for as long as is necessary to quantity or total rate of processing (ii) may authorize all respondents, by accomplish the purposes of this order. otherwise authorized; (ii) adversely af suborder issued pursuant hereto, to dis In so doing he shall recognize to the fect any customer with respect to de tribute multiples of 1 week’s supply, extent practicable the historical re liveries required or permitted pursuant at correspondingly longer intervals, to spondent-customer relationships, and to the provisions of this section 7; or (iii) any or all of their customers if he deter shall give notice of such a reassignment be put into effect without immediate mines that such action will promote more to both the initial and subsequent notice to affected customers and the orderly and efficient distribution. assignees. Order Administrator. (e) Set-asides for Armed Forces. (1> (3) Respondents having more than (c) Fitness for human consumption. Any respondent who supplied one or more one facility under common general man (1) Each respondent shall take all rea kinds of food to the Armed Forces of the FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 NOTICES 7865 United States during the 12 calendar date of this order, or such other period agricultural fats and oils, naval stores, months last preceding the date of the as may4 be prescribed in applicable sub or other agricultural products defined as first nuclear; attack upon the United orders issued pursuant hereto. Unless the food but not ingestible by humans; States shall set aside for such Armed Armed Forces furnish, confirm or revise . (j) In his capacity as a carrier or Forces, (i) a portion of his inventory of delivery schedules within such period, public warehouseman, with respect to each such kind of food on hand on the the set-aside required by this subpara food in his custody but not owned by effective date of this order, and (il) a graph shall terminate. him; or portion of his subsequent daily receipts (5) Any respondent who has con (k) Who otherwise is a respondent or processing output of each such kind tracted to furnish to such Armed Forces but is identified in ahy suborder issued of food in accordance with the require food of types and in packages custom pursuant to section 4(b) hereof as ments of subparagraphs (2) and (3) of arily distributed in civilian commercial exempt from the provisions hereof with this paragraph: Provided, That no such 'channels shall set aside the undelivered respect only to distribution of food. set-asides shall be required with respect portions of such contracts for a period S ec. 10. Reports, records and com to any food which by its nature cannot of 30 days after the effective date of this be set aside and stored as required in munications. (a) All reports required to order or the date of processing or acqui be filed hereunder and all communica this paragraph, nor shall any such set- sition thereof subsequent to the effective aside be required in addition to those tions concerning this order, unless other date of this order, or such other period wise provided, shall be addressed to the provided for in subparagraphs (4) and as may be prescribed in applicable sub (5) of this paragraph during the period orders issued pursuant hereto. Unless the Order Administrator, Defense Food in which deliveries are being made pur Armed Forces furnish, confirm or revise Order No. 2, in care of the Chairman suant to outstanding contracts with the delivery schedules within such period, of the USDA County or Metropolitan Armed Forces. the set-aside inquired by this subpara-, Area Defense Board having jurisdiction (2) The quantity of each such kind of over the location of the respondent graph shall terminate. making the report. food to be set aside by a respondent shall (6) ’ Any food owned by the Armed be not less than (i) the percentage which Forces shall be set aside and remain (b) Each respondent, within two days his volume of deliveries of such food to under the control of and subject to dis after the effective date hereof or after the Armed Forces, during such twelve position by such Armed Forces, regardless Civil Defense authorities permit access month period, was of his total deliveries of location or temporary custody for to his business premises, shall report as of such food to all customers during such storage or processing. above, by any means available, his food period; or (ii) such other percentage as S ec. 8. Petitions for relief from hard stocks ready for distribution, his remain may be prescribed by the Order Admin ship. Any person affected by this order ing capability to process, store, or dis istrator in an applicable suborder issued or any suborder issued pursuant hereto tribute food (whichever is applicable) pursuant hereto. The quantity of each who considers feat compliance there and the specific reasons for any inability such food to be set aside shall be deter with would work an exceptional or unrea to function at preemergency capacity. mined on the basis- of weight, measure, sonable hardship upon him may file a Supplemental information relating to number, or dollar volume, at the . option petition for relief pursuant to the provi food stocks ready for distribution, capa of the respondent. sions of Defense Food Order No. 1. bility, requirements for goods and serv (3) For purposes of subparagraphs S ec. 9. Exceptions. Except as provided ices, and availability of raw materials (1) and (2) of this paragraph, there is otherwise in applicable suborders issued may be required at any subsequent time. established hereby a set-aside period pursuant hereto, this order shall not (c) Each respondent shall maintain during which quantities of food required apply to any person: complete and accurate records from to be set aside shall remain available for (a) In his capacity as an ultimate which he determined General Products purchase, or for contracts to purchase, by consumer; and Special Product Bases, and of his use the Armed Forces. The initial set-aside (b) In his capacity as a food retailer; of, inventories of, and transactions in period shall be the 30 calendar days, or (c) In his capacity as a producer using food, for a period of 3 years after the such other number of days as may be food for feeding poultry or livestock or date of suspension or termination of this specified in a suborder issued pursuant for planting crops; Defense Food Order No. 2 or such shorter hereto, next following the effective date (d) With respect to processing or dis period as may be authorized in writing of this order. The quantités required to tributing agricultural products and by by the Order Administrator (or other au be set aside during such initial set-aside products commonly classed as “animal thorized représentative of the Secretary period shall be cumulative with respect or poultry feed,” and by their nature of Agriculture). Records may be retained to the applicable percentage of daily re either unfit for human consumption or in the original form or by microfilm or ceipts or processing output, in addition unfit for such consumption without fur other legible, permanent process. to the same percentage of the quantity ther processing; S ec. 11. Investigations, inspections and in inventory at the beginning of such (e) With respect to processing or dis audits. The Order Administrator or any period. Thereafter, such set-aside period tributing "seed” in its commonly under designated representative of the Secre shall progress or move forward, a day stood meaning, including all seeds which tary of Agriculture is authorized to make at a time, so that the end of a current customarily are sold for planting for the such investigations and to make such in set-aside period occurs at the close of production of agricultural crops; spections and audits of the books, rec each calendar day. Quantities required ords, and other writings, premises and 10 *?e set aside after the initial set-aside (f) With respect to distribution of raw, live, unprocessed or semiprocessed food stocks of any person subject to this Period shall be cumulative only with re order, as he may deem necessary for the spect-to receipts or processing output food or ingredients to a respondent for processing; enforcement or administration of this ouring each set-aside period. Quantities order or any suborder issued hereunder, oi food set aside prior to the commence- (g) With respect to moving to a safer and in connection therewith to exercise ent of any such set-aside period no place food in danger of loss or damage the subpoena power under section 705 of onger shall be required to remain set from the elements or the effects of the Defense Production Act of 1950, as aside. attack, or moving food from one loca amended (50 U.S.C. 2155), after defining (4) Any respondent who has con- tion to another for such purposes as the scope and purpose of the investiga fa£;ed t°. furnish to the Armed Forces storage, salvage, regrading, repacking or tion, inspection or audit to which the n. United States, food of types or in other handling necessary for its preser subpoena relates. vation in good condition; rhrir es n°k customarily distributed in S ec. 12. Violations. Any person who _ • conimercial channels shall set (h) With respect to assembling, pre violates or who conspires to violate any „ „ ,e ^ ^delivered portions of such paring for market in fresh form, and provision of this order or any suborder tho r «cH / or a period of 60 days after distributing fluid milk or fresh fruits issued pursuant hereto may be denied all i t e:~eictlve date of this order or the and vegetables except potatoes; benefits under any order or suborder a „°idprocess*ng’ acquisition or pack- (i) With respect to cotton, tobacco, issued under defense authorities and ad S thereof subsequent to the effective wool, mohair, hemp, flax fiber, inedible ministered by the U.S. Department of FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968 7866 NOTICES Agriculture, enjoined from further viola tion, and in case of willful violation, pros ecuted under any or all applicable laws. The foregoing Standby Defense Food Orders are adopted, and shall be issued by Order Administrators under the pre scribed conditions unless modified by the Secretary of Agriculture prior to such issuance. The exercise of such delegated authority by any person shall not operate to limit the emergency authority other wise delegated to such person. Done at Washington, D.C., this 23d day of May 1968. O rville L. F reeman, Secretary. [F.R. Doc. 68-6339; Filed, May 28, 1968; 8:50 a.m.] FEDERAL REGISTER, VOL. 33, NO. 105—WEDNESDAY, MAY 29, 1968