FEDERAL REGISTER VOLUME 32 • NUMBER 154 Thursday, August 10,1967 • Washington, D.C. Pages 11511-11603

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Automotive Agreement Adjustment Assistance Board Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Housing Administration Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Housing and Urban Development Department Immigration and Naturalization Service Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Post Office Department Securities and Exchange Commission Soil Conservation Service Detailed list of Contents appears inside. Subscriptions Now Being Accepted

S L I P L A W S

90th Congress, 1st Session 1967

Separate prints of Public Laws, published immediately after enactment, with marginal annotations and legislative history references.

Subscription Price: $12.00 per Session

Published by Office of the Federal P.esister, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

r r n m I I 1 W n m C T m Published daily, Tuesday through Saturday (no publication on FFI1FRA1r j L U L I l i A y«AliFliISThR ^ K r t l L U l L J l L l l °nArchives the d&yafter and Records an omciai Service, Federai General h°uday)• Services the Administration offltce, tbe Fef®ral1 (mail add*®s SaSonai ^ the Area Code 202 ^ •**’<>"« 962-8626 Archives Building, Washington, D .C . 20408), pursuant to the authority co A dm in- Fed.»! Register AeCapproved July 36, 1935 (49 Stat 500v a. amended; 44.0UB.0, Oh. istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is maae o y y of Documents, U.S. Government Printing Office, Washington, D.C. 20402. m onth or $15 ber year, payable in The Federal R egisteb will be furnished by mail to subscribers, free of postag , for the first go pages and 5 cents for advance. The charge for individual copies varies in proportion to the size of the issue ( ® . SuDerihtendent of Documents, each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent U.S. Government Printing Office, Washington, D.C. 20402. _' . , ic niiHiiahed under 50 titles, pnr- The regulatory material appearing herein is keyed to the Code of F ederal Regulaxi , P ^ Superintendent of suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sola by v Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each mo • regulations. “ are no restrictions on thTrepublication of material appearing in the Federal Register or the Code of F ederal r e Contents

AGRICULTURAL RESEARCH Proposed Rule Making FEDERAL POWER COMMISSION SERVICE Milk in certain marketing areas: Dayton-Springfield, Ohio_____ 11535 Notices Rules and Regulations Puget Sound, Wash.; recom­ Atlantic Richfield Co. et al.; find­ Texas fever in cattle; restrictions mended decision______11567 ings and order*.______11582 on interstate movement of cat­ Wichita, Kans.; extension of tle, other animals, and certain time for comments______11566 FISH AND WILDLIFE SERVICE materials from Guam______11518 Peaches grown in Mesa County, Colo.; expenses and rate of as- Rules and Regulations AGRICULTURAL STABILIZATION sessment, 1967-68______11535 Hunting in wildlife refuge areas: Alaska; Aleutian Islands et al__ 11528 AND CONSERVATION SERVICE FEDERAL AVIATION Arizona and California: Rules and Regulations ADMINISTRATION Havasu Lake______11529 Havasu Lake et al______11528 Agricultural adjustment: Rules and Regulations Georgia; Blackbeard Island___ 11529 Conserving base and designated Control zones; alterations (2 docu­ Nebraska; Valentine (2 docu­ diverted acreage; miscellane­ ments)------u sía ments) ------11530 ous amendments______11515 Control zones and transition Oregon; William L. Finley,___ 11531 Rule of fractions______11515 areas; alterations (2 docu­ South Dakota; LaCreek______11531 Proposed Rule Making ments)------11519 Sport fishing in Valentine National Restricted area; alteration___ _ 11521 Wildlife Refuge, Nebraska____ 11531 Processor wheat marketing cer­ Transition areas: tificates ------11533 Alterations (4 documents)_____ 11520, FOOD AND DRUG 11521 AGRICULTURE DEPARTMENT Designations (2 documents) ___ 11520, ADMINISTRATION See Agricultural Research Serv­ 11521 Rules and Regulations ice; Agricultural Stabilization Proposed Rule Making Cheese, mozzarella; effective date and Conservation Service; Con­ Control zone; alteration______11574 of order regarding optional in- sumer and Marketing Service; Control zones ancfc transition gredients______11521 Soil Conservation Service. areas: Drugs; doxycycline antibiotics,,, 11522 Alteration______;___ 11575 Food additives; resinous and poly­ ATOMIC ENERGY COMMISSION Designation and alteration____ 11576 meric coatings, adhesives, com­ Private pilot solo cross-country ponents of paper and paper- Notices experience; requirements for board ------11521 Penwal, Inc.; petition for rule applicants on isolated islands, _ 11573 Proposed Rule Making m aking______11581 Transition area; alteration_____ 11575 Bread; termination of proposal AUTOMOTIVE AGREEMENT FEDERAL COMMUNICATIONS proceedings______11576 ADJUSTMENT ASSISTANCE COMMISSION Notices Petitions: BOARD Rules and Regulations Radio broadcast services; personal Food additives: Notices attacks; political editorials___ 11531 American Cyanamid Co_____ 11579 Certain workers of Ford Motor Notices Chas. Pfizer & Co., Inc______11579 Co., Pennsauken, N.J.; investi­ Fistere and Habberton______11579 gation ------11581 Hearings, etc.: Humble Oil & Refining Co.; Elim Bible Institute, Inc., et al_11587 correction ______11579 Laurel Cablevision Co. et al____ 11587 Pesticides; Ciba Agrochemical CIVIL AERONAUTICS BOARD Sinnett, Hugh Joseph (2 docu­ C o ------H579 Notices ments) ------11587 Air carrier discussions; air freight Western Union Telegram Co___ 11588 GENERAL SERVICES credit, billing, and collection_11580 FEDERAL HIGHWAY ADMINISTRATION Florida Air Taxi, Inc.; petition__ 11581 ADMINISTRATION Notices Notices Use of copper and copper sub­ CIVIL SERVICE COMMISSION stitutes; temporary regulation, _ 11587 Regrooved tires; sale or delivery Rules and Regulations for introduction into interstate . HEALTH, EDUCATION, AND commerce______11579 Excepted service; Transportation WELFARE DEPARTMENT Department; correction______11515 FEDERAL HOUSING See Food and Drug Administra­ Notices ADMINISTRATION tion. Director, Asian Division, Office of Rules and Regulations Assistant Secretary of Defense; HOUSING AND URBAN manpower shortage______11588 Housing and housing credit; mis­ cellaneous amendments (2 doc­ DEVELOPMENT DEPARTMENT uments) ______11526 See also Federal Housing Adminis­ COMMERCE DEPARTMENT tration. FEDERAL MARITIME ■Sec Maritime Administration. Notices COMMISSION Acting Regional Administrator, CONSUMER AND MARKETING Notices Atlanta; designation______11579 SERVICE Financial responsibility certifi­ Deputy Assistant Secretary and General Deputy, Renewal As­ Rules and Regulations cates: Peninsular and Oriental Steam sistance; delegation of author­ Plums grown in California; ship­ Navigation Co. et al______11588 ity; correction______11579 ment limitation______11516 Sun Line, Inc. (3 documents)__ 11588 (Continued on next page) 11513 11514 CONTENTS

IMMIGRATION AND JUSTICE DEPARTMENT POST OFFICE DEPARTMENT NATURALIZATION SERVICE See Immigration and Naturaliza­ Rules and Regulations tion Service. Transportation of mail beyond Rules and Regulations borders of U.S.; miscellaneous Aliens and nationality; miscella­ LAND MANAGEMENT BUREAU amendments------11527 neous amendments------11516 Notices U.S. citizen passengers; manifest SECURITIES AND EXCHANGE waivers ------______11517 California; partial termination of proposed withdrawal and reser­ COMMISSION INTERIOR DEPARTMENT vation of lands----— ------— 11577 Notices Montana; classification of public See Pish and Wildlife Service; Hearings, etc.: Land Management Bureau. lands for multiple use manage­ ment-_____l------11577 Income Fund of Boston, Inc., Utah: et al______11588 INTERNAL REVENUE SERVICE Opening of lands to entry and Interamerican Industries, Ltd— 11589 patenting—------11577 Penrose Industries Corp------11589 Proposed Rule Making Tel-A-Sign, Inc___ ;______*----- 11590 Income taxes: Proposed withdrawal and reser­ vation of lands------11578 Reporting of interest on deposits SOIL CONSERVATION SERVICE evidenced by negotiable time certificates of deposits— _— 11533 MARITIME ADMINISTRATION Rules and Regulations Supplemental unemployment Rules and Regulations Great Plains Conservation Pro­ benefit trusts; correction.— 11533 Shipping; war risk insurance; gram: miscellaneous amendments-----11527 Authority citation------.— ------11515 INTERSTATE COMMERCE Conservation materials or serv­ COMMISSION Notices ices______- 11515 List of foreign-flag vessels arriv­ Notices ing in North Vietnam on or after TRANSPORTATION DEPARTMENT Fourth section applications for Jan. 25, 1966______— 11578 See Federal Aviation Administra­ relief------11600 tion; Federal Highway Admin­ Motor carrier: istration. Broker, water carrier, and freight forwarder applica­ TREASURY DEPARTMENT tions _s______11590 Transfer proceedings------11600 See Internal Revenue Service.

List of CFR Parts Affected ' *hn ' f ».r~ V (Codification Guide) The following numerical guide is a list of the parts of each title of the Còde of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 5 CFR 9 CFR 24 CFR 213______— ------— 11515 72— ...... 11518 207— ______— ______11526 221______i______11526 7 CFR 14 CFR 231______- _____ 11526 1100______— ______11526 601 -(2 documents)------— 11515 71 (10 documents)_11519-11521 792 ______- H515 73___ ————— __ — 11521 793 ______- ______11515 P roposed R ules: 26 CFR 917______11516 61______11573 P roposed Rules: P roposed Rules: 71 (4 documents).__ —— 11574-11576 1 (2 documents)------— ------11533 777______-T______11533 919——______11535 21 CFR 39 CFR 1034______11535 19 ______— — 11521 541______— U 527 1073______11566 121______- 11521 1125______11567 141______^______11522 145 11523 46 CFR 308— ______11521 8 CFR 147______11523 211-______— ______11516 148z______11523 P roposed R ules: 47 CFR 212______11516 72 •• 11531 214 ______— ------H517 17____ — ______11576 231______11517 241______11517 50 CFR 282______11518 32 (8 documents)______11528-11531 292______11517 299______11518 33 ...... I1531 11515 Rules and Regulations

PART 601— GREAT PLAINS graph (a) and by adding a new suDpara- Title 5— ADMINISTRATIVE CONSERVATION PROGRAM graph (13) to paragraph (b), to read as follows: PERSONNEL Subpart— General Program Provisions § 792.3 Designation, use, and care of Chapter I— Civil Service Commission diverted acreage under the feed Conservation Materials or S ervices grain, upland cotton, wheat diver­ PART 213— EXCEPTED SERVICE sion, and wheat certificate program s; The regulations governing the Great approved conservation uses. Department of Transportation; Plains Conservation Program, 22 P.R. Correction 6851, as amended, are hereby further (a) ,Cropland eligible for designa­ amended as provided herein; tion. * * * In P.R. Doc. 67-9099 appearing in the Section 601.13 Conservation materials (5) Land on farms which have an old issue for August 4, 1967, at page 11313, or services is amended by deleting para­ farm cotton allotment. Such acreage subparagraph (8) was added to para­ graphs (b) and (e) in their entirety. shall be eligible only to the extent neces­ graph (a) of § 213.3394. It should have sary to enable the producers on the farm (Sec. 4, 49 Stat. 164, as amended; 16 U.S.C. read subparagraph (9) was added to 590d) to participate in the upland cotton pro­ paragraph (a) of § 213.3394. gram after all other acreage eligible un­ (5 UJS.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Done at Washington, D.C., this 7th day der this paragraph is designated. 3 CFR, 1954-58 Comp., p. 218) of August 1967. (6) Devoted to a conserving use under N orman M. Clapp, - an existing GPCP or ALSCP contract U nited S tates Civil S erv­ Acting Assistant Secretary. provided such land was intensively culti­ ice Commission, vated during at least one of the four [seal] James C. S pry, [F.R. Doc. 67-9374; Filed, Aug. 9, 1967; 8:48 a.m.] years prior to establishment of the con­ Executive Assistant to serving use. the Commissioners. (7) Land on which cotton or feed [F.R. Doc. 67-9406; Filed, Aug. 9, 1967; Chapter VII— Agricultural Stabiliza­ grains was planted but failed and which 8:51 a.m.] tion and Conservation Service was classified as cotton acreage or feed (Agricultural Adjustment), Depart­ grain acreage for purposes of price sup­ ment of Agriculture port payments: Provided: (i) The cotton or feed grain was planted in a workman­ Title 7— AGRICULTURE SUBCHAPTER D— PROVISIONS COMMON TO like manner, (ii) the residue of a chemi­ Chapter VI—-Soil Conservation Serv­ MORE THAN ONE PROGRAM cal used as a weed control makes it im­ [Arndt. 2] practicable to devote the land to a sub­ ice, Department of Agriculture sequent crop for harvest in the current PART 601— GREAT PLAINS PART 792— CONSERVING BASE AND year, (iii) the farm operator requests CONSERVATION PROGRAM DESIGNATED DIVERTED ACREAGE that the land be classified as cotton or feed gralh acreage for purposes of price Subparf— General Program Miscellaneous Amendments support payments and as diverted Provisions The regulations governing conserving base and designated diverted acreage are acreage, and (iv) the land is treated Authority amended as follows: throughout the remainder of the current The regulations governing the Great 1. Section 792.2 is amended by chang­ year in a manner acceptable for diverted Plains Conservation Program, 22 F.R. ing paragraph (b) (4), and by adding acreage in the area. 6851, as amended, are hereby amended paragraph (c)(7), to read as follows: (b) Cropland not eligible for designa­ as provided herein. § 792.2 Farm conserving base. tion. * * * Delete “Authority: The provisions of ***** (13) Land which is substantially less this Part 601 issued under sec. 4, 49 Stat. (b) Maintaining the conserving productive than the land normally de­ 164, as amended; 16 U.S.C. 590d. In­ base. * * * voted to the crop being diverted. terpret or apply secs. 7-17, 49 Stat. 1148 (4) Plantings for wildlife food plots or ***** as amended; 16 U.S.C. 590g-590q. Other wildlife habitat. Barley, com, grain sor­ (Titles in , IV, V, and VI of the Food and statutory provisions interpreted or ap­ ghums, oats, rice, rye, soybeans, and Agriculture Act of 1965, 79 Stat. 1187) plied are cited to text” and substitute wheat will qualify if the area and crop are designated by the operator and ap­ Effective date: Upon publication in in lieu thereof the following; proved by the county committee in writ­ the Federal R egister. Authority: The provisions of this Part 60] ing before planting and no grazing or Signed at Washington, D.C., on Au­ issued under sec. 4, 49 Stat. 164, as amended harvesting other than wildlife is per­ gust 4, 1967. 16 U.S.C. 590d. Interpret or apply sec. 16(b) mitted. JO Stat. 1115, 16 UJS.C. 590p(b). Other statu­ H. D. Godfrey, ary provisions interpreted or applied ar( * * * * * Administrator, Agricultural Sta­ cited to text. (c) Additional provisions relating to bilization and Conservation (Sec. 4, 49 Stat. 164, as amended; 16 U.S.C. the conserving base. * * * Service. 590d) (7) Acreage not planted because of [F.R. Doc. 67-9395; Filed, Aug. 9, 1967; Done at Washington, D.C., this 7th day natural disaster which is deemed to be 8:50 a.m.] of August 1967. devoted to cotton, wheat, or feed grains under the provisions of the programs for [seal] Howard B ertsch, those commodities shall not be consid­ PART 793— RULE OF FRACTIONS Acting Assistant Secretary. ered as being devoted to a conserving use. Sec. 793.1 Applicability. [PR. Doc. 67—9399; Filed, Aug. 9, 1967; 2. Section 792.3 is amended by adding 793.2 Basic rule of fractions. 8:50 a.m.] subparagraphs (5), (6), and (7) to para­ 793.3 Payments to producers.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11516 RULES AND REGULATIONS

Authority: The provisions of this Part Chapter IX— Consumer and Market­ 793 Issued under sec. 4, 49 Stat. 164, 16 U.S.O. ing Service (Marketing Agreements Title 8— ALIENS AND 590d; sec. 16(1), 79 Stat. 1190, 16 U.S.C. 590p (i); sec. 105(e) , 79 Stat. 1188, as amended, 7 and Orders; Fruits, Vegetables, U.S.C. 1441 note; sec. 602(q), 79 Stat. 1210, Nuts), Department of Agriculture NATIONALITY 7 U.S.C. 1838(q ); sec. 124, 70 Stat. 198, 7 [Plum Reg. 2, Amdt. 1] Chapter I— Immigration and Natu­ U.S.C. 1812; sec. 375, 52 Stat. 66, as amended, ralization Service, Department of 7 U.S.C. 1375; sec. 379j, 76 Stat. 630, 7 U.S.C. PART 917— FRESH PEARS, PLUMS, 1379); sec. 103(d), 79 Stat. 1194, 7 U.S.C. Justice 1444(d); sec. 203(g), 79 Stat. 13, 40 U.S.C. AND PEACHES GROWN IN CALI­ App. A; secs. 4 and 5, 62 Stat. 1070, 15 U.S.C. FORNIA MISCELLANEOUS AMENDMENTS 714 b and c; sec. 401, 63 Stat. 1054, 7 U.S.C. TO CHAPTER 1421; sec. 706, 68 Stat. 912, 7 U.S.C. 1785; sec. Limitation of Shipments 403, 61 Stat. 932, 7 U.S.C. 1153. Reference is made to the notice of pro­ Findings. (1) Pursuant to the mar­ posed rule making which was published § 793.1 Applicability. keting agreement, as amended, and in the F ederal R egister on July 14, 1967 This part is applicable to the acreage Order No. 917, as amended (7 CFR Part (32 F.R. 10370) pursuant to section 553 allotment and marketing quota programs 917), regulating the handling of fresh of Title 5 of the United States Code (P.L. and to all other programs set forth in pears, plums, and peaches grown in Cali­ 89-554, 80 Stat. 383) and in which there this Title 7 administered by the Agricul­ fornia, effective under the applicable was set out proposed amendments to tural Stabilization and Conservation provisions of the Agricultural Marketing chapter I of Title 8 of the Code of Fed­ Service under which price support is ex­ Agreement Act of 1937, as amended (7 eral Regulations pertaining to miscella­ tended or payments are made to farmers, U.S.C. 601-674), and upon the basis of neous amendments to Parts 211, 212, 214, except that it does not apply to the pric­ the recommendations of the Plum Com­ 241, and 292. No representations were ing and sales of agricultural commodities modity Committee, and upon other avail­ received. The rules as set out below are and it does not apply to the determina­ able information, it is hereby found that adopted. tion of acreage when a different rule is thb limitation of shipments of Queen Ann specifically provided in Part 718 of this variety of plums, in the manner herein PART 211— D O C U M EN TA R Y RE­ chapter. provided, will tend to effectuate the de­ QUIREMENTS: IMMIGRANTS; clared policy of the act. WAIVERS § 793.2 Basic rule of fractions* (2) It is hereby further found that it In making mathematical determina­ is impracticable and contrary to the pub­ § 211.1 [Amended] tions, all computations shall be carried to lic interest to give preliminary notice, The third sentence of subparagraph two decimal places beyond the required engage in public rule-making procedure, (1) Form 1-151, Alien registration re­ and postpone the effective date of this ceipt card of paragraph (b) Aliens re­ number of decimal places as specified in regulation until 30 days after publication turning to an unrelinquished lawful per­ the regulations governing each program. thereof in the F ederal R egister (5 U.S.C. manent residence of § 211.1 Visas is In rounding, digits of 50 or less beyond 553) in that, as hereinafter set forth, the amended to read as follows: “An alien the required number of decimal places time intervening between the date when regularly serving as a crewman in any shall be dropped; if the digits beyond information upon which this regulation capacity required for normal operations the required number of decimal places is based became available and the time and services aboard an aircraft or vessel when this regulation must become effec­ of American registry who is returning to are 51 or more, the figure at the last re­ tive in order to effectuate the declared an unrelinquished lawful permanent quired decimal place shall be increased policy of the act is insufficient; com­ residence in the United States after a by “1” as follows: pliance with the provisions of this regu­ temporary absence abroad not exceeding lation will not require of handlers any one year may, in lieu of an immigrant Required Decimal Computation Result preparation therefor which cannot be visa, present Form 1-151, duly issued to completed by the effective time hereof; him, notwithstanding travel to, in, or 6 and this amendment relieves restrictions through any of the restricted places 6.51 (or more)...... 7 on the handling of Queen Ann variety of 7.650 (or less)______7.6 named in this subparagraph pursuant 7.651 (or piore)__ ;----- 7.7 plums. to his employment as a crewman.” 8.84 It is, therefore, ordered that the pro­ 8.8451 (or more)...... - 8.85 9.63450 (or less)...... 9.634 visions of paragraph (a) (1) of § 917.390 9.63451 (or more)____ 9.635 (Plum Reg. 2, 32 F.R. 7741) are hereby PART 212— D O CU M EN TA RY RE­ Ten thousandths— 10.993150 (or less)_____ 10.9931 10.993151 (or more)...... 10.9932 amended to read as follows: QUIREMENTS: NONIMMIGRANTS; § 917.390 Plum Regulation 2. WAIVERS; ADMISSION OF CER­ § 793.3 Payments to producers. (a) Order. (1) During the period Au­ TAIN INADMISSIBLE ALIENS; PA­ Notwithstanding any other provision gust 5, 1967, through October 31, 1967, ROLE of this part, if due to the rounding of no handler shall ship any lot of packages § 212.8 [Amended] or containers of any variety of plums un­ fractions the sum of the payments or less such plums grade at least U.S. No. 1 : Subparagraph (5) of paragraph (b) wheat marketing dertificates distributed Provided, That plums of the Queen Ann Aliens not required to obtain labor cer­ among producers does not equal the total variety may be shipped if they are dam­ tifications of § 212.8 Certification re­ amount earned under the program, the aged but not seriously damaged by in­ quirement of section 212(a) (14) is ternal discoloration or dryness. amended to read as follows: “(5) an alien payments or certificates shall be ad­ who establishes satisfactorily that he has justed in order that the sum thereof will ***** been accepted by an institution of learn­ equal such total amount. The provisions of this amendment shall ing in the United States for a full course become effective August 5, 1967. of study of at least two full consecutive Effective date; Upon publication in (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. academic years and that he has sufficient the F ederal R egister. 601-674) financial resources to support himself Signed at Washington, D.C., on Dated: August 4,1967. and will not seek employment during August 4,1967. that period. “If it will be necessary foi H. D. G odfrey, P aul A. Nicholson, the spouse of such a student to accept Administrator, Agricultural Sta­ Deputy Director, Fruit and Veg­ bilization and Conservation etable Division, Consumer and employment in the United States, the Service. Marketing Service. spouse must obtain a labor certification notwithstanding the provisions of item [F.R. Doc. 67-9396; Filed, Aug. 9, 1967; [F.R. Doc. 67-9371; Filed, Aug. 9, . 1967; 8:50 a.m,] 8:48 a.m.] (2) of this paragraph.”

FÉDÉRAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11517 PART 214— NONIMMIGRANT sentative of record is amended to read as a completely executed set of Forms 1-94 CLASSES follows: “Except where otherwise spe­ prepared for and presented by each alien cifically provided in this chapter, when­ § 214.3 [A m ended] passenger except an immigrant, a Ca­ ever a notice, decision, or other paper is nadian citizen, or a British subject re­ The sixth sentence of paragraph (b) required to be given or served, it shall be siding in Canada or Bermuda. Supporting documents of § 214.3 Peti­ done by personal service or by first class, (b) Aircraft. The captain or agent of tions for approval of schools is amended certified, or registered mail upon the at­ every aircraft arriving in the United to read as follows: “Except in connec­ torney or representative of record or upon States from a foreign place or from an tion with a petition submitted by a school the person himself if unrepresented.” outlying possession of the United States, or school system owned and operated as (Sec. 103 , 66 Stat. 173; 8 U.S.C. 1103) except one arriving directly from Canada a public educational institution or sys­ on a flight originating in that country, tem by the United States or a State or This order shall be effective on the must present a manifest in the form of a political subdivision thereof, or by a date of its publication in the F ederal separate arrival-departure card (Form school listed in the current U.S, Office R egister. Compliance with the provi­ 1-94) prepared for and presented by each of Education publication, ‘Accredited sions of section 553 of Title 5 of the alien passenger on board. In addition, a Higher Institutions’ or ‘Education Di­ United States Code (P.L. 89-554, 80 Stat. properly completed Form 1-92 (Aircraft/ rectory, Part 3, Higher Education,’ or 383) as to delayed effective date is un­ Vessel Report) recording the total num­ by a secondary school operated by or as necessary because the amendment to ber of passengers (including U.S. citi­ part of a school so listed, a school cata­ § 211.1(b) (1) confers benefits upon per­ zens) that embarked at each port en logue, if one is issued, shall also be sub­ sons affected thereby; the amendment to route to the United States shall be pres­ mitted with each petition.” § 212.8(b) (5) is clarifying in nature; the ented by the captain to the immigrant amendment to § 214.3(b) relieves restric­ inspector at the first port of arrival in the tions; and the amendments to § 241.1 United States. An arrival-departure card PART 241— JUDICIAL RECOMMEN­ and § 292.5(a) relate to agency proce­ is not required for an arriving, through- DATIONS AGAINST DEPORTATION dure, and the persons affected thereby flight passenger at a U.S. port from which Section 241.1 is amended to read as fol­ will not require additional time to pre­ he will depart directly to a foreign place lows: pare for the effective date of the regula­ or an outlying possession of the United tions. States on the same flight, provided the § 241.1 Notice; recommendation. Dated: August 4, 1967. number of such through-flight pas­ For the purposes of clause 2 of section sengers is noted on the Bureau of Cus­ 241(b) of the Act, notice to the district R aymond F. F arrell, toms Form 7507 or on the International director having administrative jurisdic­ Commissioner of Civil Aviation Organization’s General tion over the place in which the court Immigration and Naturalization. Declaration and such passengers remain imposing sentence is located shall be [F.R. Doc. 67-9345; Filed, Aug. 9, 1967; during the ground time in a separate regarded as notice to the Service. The 8:46 a.m.] area under the direction and control of notice shall be transmitted to the dis­ the Service. trict director by the court, a court offi­ * * * * * U.S. CITIZEN PASSENGERS cial, or by counsel for the prosecution or 2. The second sentence of paragraph the defense, at least 5 days prior to the Manifest Waiver court hearing on whether a recommenda­ (d) Preparation of Arrival-Departure The following amendments to Chapter Card, Form 1-94 of § 231.1 Arrival mani­ tion against deportation shall be made. fests for passengers is amended to read If less than 5 days’ notice is received and I of Title 8 of the Code of Federal Regu­ lations are hereby prescribed: as follows: “For an immigrant, a Cana­ sufficient time remains to prepare proper dian citizen, or a British subject resid­ representations, due notice shall be re­ PART 231—ARRIVAL-DEPARTURE ing in Canada or Bermuda, only the first garded as having been made. When less MANIFESTS AND LISTS; SUPPORT­ four lines of the Form 1-94 shall be than 5. days’ notice is received and suffi­ completed.” cient time is not available to prepare ING DOCUMENTS proper representations, but the 30-day 1. Paragraphs (a) and (b) of § 231.1 3. Paragraphs (a) and (b) of § 231.2 statutory period will expire before proper are amended to read as follows: are amended to read as follows: representations can be prepared, an § 231.2 Departure manifests for passen­ objection shall be interposed to the rec- § 231.1 Arrival manifests for passen- gers. ommendation against deportation on the (a) Vessels. The master or agent of ground that due notice was not received. (a) Vessels. The master or agent ofevery vessel departing from the United If the notice is received after the run­ every vessel arriving in the United States States for a foreign place or an outlying ning of the 30-day statutory period, it from a foreign place or from an outlying possession of the United States, except shall be regarded as an invalid notice possession of the United States, except one departing directly to Canada on a and whatever Service proceedings are one arriving directly from Canada on a voyage terminating in that country, warranted shall be instituted, irrespective voyage originating in that country, must must present a manifest of all alien pas­ of the recommendation against deporta­ present a manifest of all alien passengers sengers on board to the immigration tion. The district director, or an official on board to the immigration officer at the officer at the port of departure. For ves­ acting for him, in presenting represen­ first port of arrival. For vessels that are sels that are given advance permission tations to the court, shall advise the given advance permission to use the pro­ to use the procedure, the manifest shall court the effect a favorable recommenda­ cedure, the manifest shall be in the form be in the form of a separate arrival- tion would have upon the alien’s present of a separate arrival-departure card departure card (Form 1-94) for each and prospective deportability. A recom­ (Form 1-94) prepared for and presented alien passenger. In addition, a properly mendation against deportation by the by each alien passenger. In addition, a sentencing court made to the district di­ properly completed Form 1-92 (Aircraft/ completed Form 1-92 (Aircraft/Vessel rector receiving the notice shall be re­ Vessel Report) recording the total num­ Report) setting forth each port of dis­ garded as made to the Attorney General. ber of passengers (including U.S. cit­ embarkation and the number of passen­ izens) that embarked at each port en gers (including U.S. citizens) destined PART 292— REPRESENTATION AND route to the United States shall be pre­ thereto shall be submitted by the carrier sented by the master to the immigrant to the immigration officer at the last APPEARANCES inspector at the first port of arrival in port of departure in the United States. § 292.5 [Amended] the United States. For vessels that are not given such advance permission the For vessels that are not given such ad­ The last sentence of paragraph (a) manifest shall be submitted on a Form vance permission, the manifest shall be Representative capacity of § 292.5 Serv- 1-418, executed in accordance with the submitted on a Form 1—418, executed in me upon and action by attorney or repre­ instructions on the reverse thereof, with accordance with the instructions on the

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11518 RULES AND REGULATIONS reverse thereof, with a fully executed immigrant departing on an aircraft Form 1-94 for each alien passenger ex­ proceeding directly to Canada on a flight Title 9— ANIMALS AND cept an alien permanent resident of the terminating in that country should sur­ United States, a Canadian citizen, or a render any Form 1—94 in his possession ANIMAL PRODUCTS British subject residing in Canada or to the airline agent at the port of depar­ Bermuda. For departing alien nonimmi­ ture or to the Canadian immigration of­ Chapter I— Agricultural Research grants the Form 1-94 given the alien at ficer at the port of arrival in that Service, Department of Agriculture the time of his last admission to the country. SUBCHAPTER C— INTERSTATE TRANSPORTATION United States should be utilized. Any OF ANIMALS AND POULTRY alien registration receipt card on Form PART 282— FORMS FOR SALE PART 72— TEXAS (SPLENETIC) FEVER 1-151 surrendered pursuant to Part 264 TO PUBLIC of this chapter shall be attached to the IN CATTLE manifest. The presentation of the de­ 4. Section 282.1 is amended to read parture manifest on vessels making reg­ as follows: Restrictions on Interstate Movement ularly scheduled voyages to and from § 282.1 Forms printed by the Public of Cattle, Other Animals and Cer­ the United States may be deferred as P rin te r. tain Materials From Guam follows: The Forms 1-94 of departing Pursuant to the provisions of sections nonim m igrant, aliens, together with the The Public Printer is authorized to print for sale to the public by the Super­ 1-4 of the Act of March 3, 1905, as name of the vessel and the date and intendent of Documents the following amended, sections 1 and 2 of the Act of place of departure, shall be presented forms prescribed by subchapter B of this February 2, 1903, as amended, and sec­ to the immigration officer at the port tions 4—7 of the Act of May 29, 1884, as of-departure within 96 hours from the chapter: G—28, 1—20, 1-92, 1-94,- 1—95, I-129B, 1-130, 1-131, 1-140, and 1-418. amended (21 U.S.C. 111-113, 115, 117, time of departure, exclusive of Satur­ 120, 121, 123-126), §§72.2 and 72.3 of days, Sundays, and legal holidays. On 5. The reference to Form 1-92 in the Part 72, Title 9, Code of Federal Regula­ those vessels using the Form 1—94 mani­ listing of forms in § 299.1 Prescribed tions, which quarantine certain areas be­ fest, the Forms 1-94 of all departing forms is amended to read as follows: cause of splenetic or tick fever in cattle, passengers, other than United States Form No. Title and description a contagious, infectious, and communi­ citizens and nonimmigrant aliens, shall 1-92______Aircraft/Vessel Report. be presented to the immigration officer cable disease, are hereby amended as at the port of departure within 30 cal­ follows: endar days from date of departure. On PART 299— IMMIGRATION FORMS § 72.2 [Amended] vessels using the Form 1-418 manifest, § 299.2 [Amended] 1. In §72.2, the section heading is the Forms 1-418, appropriately noted to amended to read: “Splenetic or tick show prior submission of Forms 1-94, 6. The first sentence of § 299.2 Forms available from the Superintendent of fever in cattle in Texas, Puerto Rico, and shall be presented to the immigration the Virgin Islands of the United States officer at the port of departure within Documents is amended to read as fol­ lows: “The following forms required for and vectors of said disease in the Island 30 calendar days from date of departure. of Guam: restrictions on movement of In the event a Form 1-94 for a departing compliance with the provisions of Sub­ chapter B of this chapter may be ob­ c a t t l e and the following provisions are nonimmigrant alien is not submitted substituted for the last sentence of said within the aforementioned 96 hour pe­ tained, upon prepayment, from the Su­ perintendent of Documents, Government section : “Notice is also hereby given that riod, a completed Form 1-94 for that ticks which are vectors of said disease person shall be attached to and shall be Printing Office, Washington, D.C.: G-28, submitted with the departure manifest, 1-20, 1-92, 1-94, 1-95, I-129B, 1-130, exist on the Island of Guam. Therefore, 1-131, 1-140, and 1-418.” portions of the State of Texas, and accompanied by an explanation as to Puerto Rico, the Virgin Islands of the why timely presentation was not made; § 299.3 [Amended] for good cause shown, such submission United States, and the Island of Guam shall not be regarded as lack of compli­ 7. The first sentence of § 299.3 Repro­ are hereby quarantined as provided in duction of forms by private parties is §§ 72.3, 72.4, and 72.5, and the move­ ance with section 231(d) of the Act. ment of cattle therefrom into any other (b) Aircraft. The captain or agent ofamended to read as follows: “The fol­ State or Territory or the District of Co­ every aircraft departing from the United lowing forms required for compliance lumbia shall be made only in accordance States for a foreign place or an out­ with the provisions of Subchapter B of with the provisions of this part and Part lying possession of the United States, this chapter may be printed or other­ except one departing directly to Canada 71 of this chapter.” on a flight terminating in that country, wise reproduced by an appropriate du­ 2. Section 72.3 is amended to read: plicating process by private parties at must present a manifest of all alien pas­ § 72.3 Areas quarantined in the Virgin sengers on board. In addition, a prop­ their own expense: 1-20,1-92,1-94,1-95, Islands of the United States and the erly completed Form 1-92 (Aircraft/ and 1-418.” Island of Guam. Vessel Report) setting forth each port of disembarkation and the number of (Sec. 103, 66 Stat. 173; 8 U.S.0.1103) The entire Territories of the Virgin passengers (including U.S. citizens) Islands of the United States and the This order shall become effective on Island of Guam are quarantined. destined thereto shall be submitted by August 21, 1967. Compliance with the the carrier to the immigration officer at (Secs. 4-7, 23 Stat. 32, as amended, secs. 1 the last port of departure in the United provisions of § 553 of Title 5 of the United and 2, 32 Stat. 791 and 792, as amended, secs. States. Aircraft departing on regularly States Code (P.L. 89-554, 80 Stat. 383) as 1-4, 33 Stat. 1264 and 1265, as amended; 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126; 29 scheduled flights from the United States to notice of proposed rule making is un­ F.R. 16210, as amended, 30 F.R. 5799, as may defer presentation for a period not in necessary in this instance because the amended) excess of 48 hours. The manifest shall be amendments relieve restrictions for Effective date. The foregoing amend­ in the form of a Bureau of Customs Form transportation lines. ments shall become effective upon pub­ 7507 or the International Civil Aviation Dated: August 4,1967. lication in the F ederal R egister. Organization’s General Declaration, a The amendments quarantine the is­ Form 1-92 and a separate arrival-depar­ R aymond F. F arrell, land of Guam because of the existence ture card (Form 1-94) for each alien pas­ Commissioner of there of vectors which may dissemina senger, except a through flight passenger Immigration and Naturalization. splenetic or tick fever. Hereafter, _wi restrictions of the regulations in 9 Cr for whom an arrival-departure card was [F.R. Doc. 67-9346; Filed, Aug. 9, 1967; Part 72, pertaining to the. interstate not prepared upon arrival. An alien non- 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11519 movement of cattle from quarantined (Sec. 307(a), Federal Aviation Act of 1958: areas, will apply thereto. Other restric­ 49 U.S.C. 1348) radius zone to the VOR, excluding the tions of the regulations with respect to portion which overlies the Minneapolis, Issued in Kansas City, Mo., on July 21. Minn., control zone and excluding the the interstate movement of animale; 1967. and certain materials will also apply to area within a 1-mile radius of Fleming such movements from Guam. Edward C. Marsh, Field (latitude 44°51'25” N., longitude The amendments impose certain re­ Director, Central Region. 93° 01'55” W.). This control zone is ef­ strictions necessary to prevent the inter­ Redesignate the Oshkosh, Wis., control fective during the specific dates and state spread of splenetic or tick fever, zone as that airspace within a 5-mile times established in advance by a Notice and must be made effective promptly to radius of Winnebago County Airport to Airmen. The effective date and time accomplish their purpose in the public (latitude 43°59'20” N., longitude 88°33'- will thereafter be continuously published interest. Accordingly, under the admin­ 15” W.) ; within 2 miles each side of the in the Airman’s Information Manual. istrative procedure provisions in 5 U.S.C. Oshkosh VOR 175° radial, extending [FH. Doc. 67-9354; Filed, Aug. 9, 1967; 553, it is found upon good cause that no­ from the 5-mile radius zone to 7 miles S 8:47 a.m.] tice and other public procedure tfith re­ of the VOR; and within 2 miles each side spect to the amendments are impracti­ of the Oshkosh ILS localizer W course, cable and contrary to the public interest, extending from the 5-mile radius zone to [Airspace Docket No. 66-EA-100] and good cause is found for making the 5.5 miles W of the W of Runway 9. This PART 71— DESIGNATION OF FED­ amendments effective less than 30 days control zone is effective during the spe­ ERAL AIRWAYS, CONTROLLED AIR­ after publication in the F ederal cific dates and times established in ad­ Register. vance by a Notice to Airmen. The effec­ SPACE, AND REPORTING POINTS Done at Washington, D.C., this 7th tive date and time will thereafter be Alteration of Control Zone and day of August 1967. continuously published in the Airman’s Information Manual. Transition Area E. P. R eagan, [F.R. Doc. 67-9353; Filed, Aug. 9, 1967; On page 7397 of the F ederal R egister Acting Deputy Administrator, 8:47 a.m.] for May 18, 1967, the Federal Aviation Agricultural Research Service. Administration published proposed regu­ [F.R. Doc. 67-9394; Piled, Aug. 9, 1967; lations which would alter the Dover, 8:50 a.m.j [Airspace Docket No. 67-CE-56] Del., Control Zone and 700-foot floor transition area. PART 71— DESIGNATION OF FED­ Interested parties were given 30 days ERAL AIRWAYS, CONTROLLED AIR­ ter publication in which to submit writ- Title 14— AERONAUTICS AND SPACE, AND REPORTING POINTS ten data or views. No objections to the Alteration of Control Zone proposed regulations have been received. SPACE In view of the foregoing, the proposed On page 7461 of the F ederal R egister regulations are hereby adopted effective Chapter I— Federal Aviation Adminis­ dated May 19, 1967, the Federal Aviation 0001 e.s.t., Septem ber^,1967. tration, Department of Transportation Administration published a notice of pro­ (Sec. 307(a), Federal Aviation Act of 1958" posed rule making which would amend 72 Stat. 749; 49 U.S.C. 1348) [Airspace Docket No. 67-CE-55] § 71.171 of Part 71 of the Federal Avia­ PART 71 — DESIGNATION OF FED­ tion Regulations so as to alter the control Issued in Jamaica, N.Y., on Julv 20 1967. * ’ ERAL AIRWAYS, CONTROLLED AIR­ zone at St. Paul, M inn, Interested persons were given 45 days W ayne Hendershot, SPACE, AND REPORTING POINTS to submit written comments, suggestions, Acting Director, Eastern Region. Alteration of Control Zone or objections regarding the proposed 1. Amend § 71.171 of Part 71 of the amendment. Federal Aviation Regulations so as to On pages 7461 and 7462 of the F ederal No objections have been received and Register dated May 19,1967, the Federal delete the coordinate 75°28'04” W. in the amendment as so proposed is hereby the Dover, Del., Control Zone and insert Aviation Administration published a adopted, subject to the folowing changes: notice of proposed rule making which in lieu thereof the coordinate 75° 27'50” (1) The St. Paul Downtown Airport W. and delete the words “excluding” l o m amend § 71.171 of Part 71 of the (Holman Field) coordinates recited in •f ederal Aviation Regulations so as to through “Wyoming, Del.” and insert in the St. Paul, Minn., control zone redesig­ lieu ^ thereof the words “excluding a alter the control zone at Oshkosh, Wis. nation as “latitude 44°56'06” N., longi­ Interested persons were given 45 days l-mile radius of the center 39°11'15” N. tude 93°03'39” W.” are changed to read 75°32'00” W. of Dover Airpark, Dover to submit written comments, suggestions, “latitude 44°56'10” N., longitude 93°03'- Del.”. °r objections regarding the proposed 40” W.” amendment. . (2)' The Fleming Field coordinates re­ 2. Amend § 71.181 of Part 71 so as to , , one comment received was from cited in the St. Paul, Minn., control zone add in the Dover, Del., 700-foot transi­ the Air Transport Association, which of­ redesignation as “latitude 44°51'29” N tion area after the phrase “8 miles south fered no objection to the proposal. How­ longitude 93°01'59” W.” are changed to of the LOM” the phrase “and within a ever, the Association believed that this read “latitude 44°51'25” N., longitude 5-mile radius of the center 39°13'05” Proposal should give consideration to the 93°01'55” W.” N., 75°35'55” W., of Delaware Airpark, construction of a new north/south run­ This amendment shall be effective Dover-Cheswold, Del.”. way at Winnebago County Airport which 0001 e.s.t., October 12,1967. [F.R. Doc. 67-9355; Filed, Aug. 9, 1967;' ;rey understood would be completed in 8:47 a.m.] oe near future. The new runway will not (Sec. 307(a), Federal Aviation Act of 1958* oe completed for some time and the pro- 49 U.S.C. 1348) Posed ILS for this runway is not planned Issued in Kansas City, Mo., on July 21 [Airspace Docket No. 66-EA-107] until fiscal year 1969. When the ap­ 1967. PART 71— DESIGNATION OF FED­ proaches to the new north/south run­ Edward C. Marsh, ERAL AIRWAYS, CONTROLLED AIR­ way are developed, the FAA will consider Director, Central Region. SPACE, AND REPORTING POINTS no fifspace changes required by the Redesignate the St. Paul, Minn., con­ use of the new runway. trol zone as that airspace within a 5- Alteration of Control Zone and „jp1 yiew of the foregoing, the proposed mile radius of St. Paul Downtown Air­ Transition Area amendment is hereby adopted without port (Holman Field) (latitude 44°56'10” On page 7856 of the F ederal R egister cnange and is set forth below. N., longitude 93°03'40” W.), and within This amendment shall be effective 0001 for May 30, 1967, the Federal Aviation e^.t., October 12,1967. 2 miles each side of the St. Paul VOR Administration published proposed regu­ 295° radial, extending from the 5-mile lations which would alter the Pittsburgh,

No. 15‘ 2 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11520 RULES AND REGULATIONS Pa. (Greater Pittsburgh), control zone 7-mile radius area to 8 miles northwest of In view of the foregoing, the proposed and transition area. the RBN; and within 2 miles each side regulations are hereby adopted effective Interested parties were given 30 days of the Berlin, N.H., VOR (44°38'05" N., 0001 e.s.t., September 14, 1967. after publication in which to submit 71°H'12" W.) 355° radial extending (Sec. 307(a), Federal Aviation Act of 1958; written data or views. No objections to from the 7-mile radius area to 8 miles 72 Stat. 749; 49 U.S.C. 1348) the proposed regulations have been north of the VOR;” and in the descrip­ tion of 1,200-foot floor transition area, Issued in Jamaica, N.Y., on July 20, received. 1967. In view of the foregoing, the proposed between coordinates 44°54'00" N., 71°- W ayne Hendershot, regulations are hereby adopted effective lO'OO" W. and 44°31'00" N., 70°55'00" Acting Director, Eastern Region. 0001 e.s.t., September 14, 1967. W., add, “to 44°50'00" N., 71°07'30" W.; to 44°50'30" N., 71°02'00" W.; to 44°40'- Amend § 71.181 of Part 71 of the (Sec. 307(a), Federal Aviation Act of 1958; 00" N., 71°00'30" W.” Federal Aviation Regulations so as to 72 Stat. 749; 49 U.S.C. 1348) [F.R. -Doc. 67-9357; Filed, Aug. 9, 1967; delete the description of the 700-foot Issued in Jamaica, N.Y., on July 20, 8:47 ajn.] floor Dublin, Va., transition area and in­ 1967. sert in lieu thereof: “That airspace ex­ Wayne Hendershot, tending upward from 700 feet above the Acting Director, Eastern Region. [Airspace Docket No. 66—EA—104] surface within a 7-mile radius of the PART 71— DESIGNATION OF FED­ center (37°08'10" N., 80°40'50" W.) of 1. Amend § 71.171 of Part 71 of the New River Valley Airport, Dublin, Va., Federal Aviation Regulations so as to ERAL AIRWAYS, CONTROLLED AIR­ and within 2 miles each side of Pulaski delete in the Pittsburgh, Pa. (Greater SPACE, AND REPORTING POINTS VOR 208° radial extending from the 7- Pittsburgh), control zone all after the Designation of Transition Area mile radius area to 8 miles southwest of words “west course, extending fronrthe the VOR.” 6-mile radius zone” and before “and On page 7292 of the F ederal R egister within 2 miles” and insert in lieu thereof for May 16, 1967, the Federal Aviation [F.R. Doc. 67-9359; Filed, Aug. 9, 1967; the words “to Creek, Pa., RBN”. Administration published proposed reg­ 8:47 ajn.] 2. Amend §71.181 of Part 71 of the ulations which would designate a 700- Federal Aviation Regulations so as to foot floor transition area over Morris- [Airspace Docket No. 67—CE—5] delete from the 700-foot floor Pittsburgh, ville-Stowe State Airport, Morrisville, Vt. Pa., transition area the words beginning Interested parties were given 30 days PART 71— DESIGNATION OF FED­ with “10—R-ILS localizer west course” after publication in which to submit ERAL AIRWAYS, CONTROLLED AIR­ through “8 miles west of the OM” and written data or views. No objections to SPACE, AND REPORTING POINTS the proposed regulations have been re- insert in lieu thereof “10—L—ILS localizer Alteration of Transition Area west course extending from the 8-mile ceived. radius area to the Creek, Pa., RBN”. In view of the foregoing, the proposed On page 7599 of the F ederal Register [F.R. Doc. 67-9356; Filed, Aug. 9, 1967; regulations are hereby adopted effective dated May 24,1967, the Federal Aviation 8:47 a.m.] 0001 e.s.t., September 14, 1967. Administration published a supplemen­ (Sec. 307(a), Federal Aviation Act of 1958; tal notice of proposed rule making which 72 Stat. 749; 49 U.S.C. 1348) would amend § 71.181 of Part 71 of the [Airspace Docket No. 66—EA—102] Federal Aviation Regulations so as to Issued in Jamaica, N.Y., on July 20, alter the transition area at Sioux Falls, PART 71— designation o f fe d ­ 1967. Wayne H endershot, S. Dak. er a l AIRWAYS, CONTROLLED AIR­ Interested persons were given 45 days SPACE, AND REPORTING POINTS Acting Director, Eastern Region. to submit written comments, suggestions Alteration of Transition Area Amend § 71.181 of Part 71 of the Fed­ or objections regarding the proposed eral Aviation Regulations by adding the amendment. 1 . . On page 7290 of the F ederal R egister following transition area; No objections have been received for May 16, 1967, the Federal Aviation Morrisville, Vt. and the proposed amendment is hereby Administration published proposed regu­ adopted without change and is set forth lations which would alter the 700- and That airspace extending upward from 700 feet above the surface within a 5-mile radius below. .. 1,200-foot floor Berlin, N.H. transition of the center (44°32'10" N., 72°36'55'' W.) This amendment shall be effective area. . of Morrisville-Stowe State Airport, Morris­ 0001 e.s.t., October 12,1967. Interested parties were given 30 days ville, Vt., and within 2 miles each side of (Sec. 307(a), Federal Aviation Act of 1958; after publication in which to submit the Morrisville RBN (44°35'13'' N., 72°35'10" written data or views. No objections to W.) 025° bearing extending from the 5-mile 49 U.S.C. 1348) the proposed regulations have been radius area to 8 miles northeast of the RBN. Issued in Kansas City, Mo., on July 21, received. [F.R. Doc. 67-9358; Filed, Aug. 9, 1967; 1967. In view of the foregoing, the proposed 8:47 a.m.] Edward C. Marsh, regulations are hereby adopted effective Director, Central Region. 0001 e.s.t., September 14,1967. [Airspace Docket No. 66—EA—109} That airspace extending upward from 700 (Sec 307(a), Federal Aviation Act of 1958; feet above the surface within a 17-miie 72 Stat. 749; 49 U.S.C. 1348) PART 71— DESIGNATION OF FED­ dius of the Sioux Falls VORTAC; that air­ ERAL AIRWAYS, CONTROLLED AIR­ space extending upward from 1,200 feet abov Issued in Jamaica, N.Y., on July 20, the surface within a 25-mile radius of Sioux 1967. SPACE, AND REPORTING POINTS Falls VORTAC extending from a line 5 mi W ayne H endershot, southwest of and parallel to the Sioux Acting Director, Eastern Region. Alteration of Transition Area VORTAC 336° radial clockwise to the no west edge of V-148, and extending from t Amend § 71.181 of Part 71 of the On page 7291 of the F ederal R egister south edge of V-120 east of Sioux FallIs doc* Federal Aviation Regulations so as to de­ for May 16, 1967, the Federal Aviation wise to the south edge of V-120 west of Sioux lete in the Berlin, N.H., Transition Area Administration published proposed reg­ Falls; and that airspace extending upw the description of the 700-foot floor from 5,000 feet MSL within a 43-mile ram transition area and insert in lieu thereof. ulations which would alter the Dublin, of Sioux Falls VORTAC, extending from t “That airspace extending upward from Va., 700-foot floor transition area. south edge of V-120 east of Sioux Fallscloc 700 feet above the surface within a 7- Interested parties were given 30 days wise to the south edge of V-120 west of Falls, excluding the area which overlies v * mile radius of the center of Berlin Air­ after publication in which to submit V-15E, V-148, V-181, and V-181W; and wi port, Berlin, N.H. (44°34'35" N., 71 10 written data or views. No objections to in a 33-mile radius of Sioux Falls VOR ’ 40" W .); within 2 miles each side of the the proposed regulations have been extending from a line 5 miles southw . Berlin, N.H., RBN (44°34'37" N., 71°10'- and parallel to the Sioux Falls VORTAC 3 47" W.) 334° bearing extending from the received.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11521 radial clockwise to the northwest edge of V-148, excluding the portion which overlies Amend § 71.181 of Part 71 of the Fed­ V-18L eral Aviation Regulations so as to desig­ Title 21— FOOD AND DRUGS nate a 700-foot floor Oxford, Ohio, [F.R. Doc. 67-9360; Filed, Aug. 9, 1967; transition area described as follows: Chapter I— Food and Drug Adminis­ 8:47 a.m.] O x f o r d , O h i o tration, Department of Health, Edu­ cation, and Welfare [Airspace Docket No. 67-CE-42] That airspace extending upward from 700 feet above the surface within a 5-mile radius SUBCHAPTER B— FOOD AND FOOD PRODUCTS PART 71— DESIGNATION OF FED­ of the center (39°30'10'' N., 84»47'15" W.) of Miami University Airport, Oxford, Ohio, PART 19— CHEESES, PROCESSED ERAL AIRWAYS, CONTROLLED AIR­ and within 2 miles each side of the Oxford, CHEESES, CHEESE FOODS, CHEESE SPACE, AND REPORTING POINTS Ohio, RBN (39°30'27" N., 84°46'50" W.) 225° bearing extending from the 5-mile radi­ SPREADS, AND RELATED FOODS Alteration of Transition Area; us area to 11 miles' southwest of the RBN. Low Moisture Mozzarella (Scamorza) Correction [F.R. Doc. 67-9362; Filed, Aug. 9, 1967; Cheese and Part-Skim Mozzarella 8:47 a.m.] On June 28, 1967, a Pinal Rule was (Scamorza) Cheese; Identity Stand­ published in the F ederal R egister (32 ards; Confirmation of Effective Date PR. 9156), F.R. Doc. 67-7270, which [Airspace Docket No. 67-EA-70] altered the Columbia, Mo., transition of Order Regarding Optional In­ area. In this redesignation, the direction PART 73— SPECIAL USE AIRSPACE gredients “SE” was erroneously used ; the direction Alteration of Restricted Area In the matter of amending the stand­ “SW” should have been used. Action is ards of identity for low moisture moz­ taken herein to make this correction. August 3, 1967. zarella cheese, low moisture scamorza Since this amendment is editorial in The purpose of this amendment to cheese (21CFR 19.605) and for low mois­ nature and imposes no additional burden Part 73 of the Federal Aviation Regula­ ture part-skim mozzarella cheese, low on any person, notice and public proce­ moisture part-skim scamorza cheese dure hereon are unnecessary. tions is to divide Restricted Area R-3704, (21 CFR 19.606) to provide for the use In consideration of the foregoing, the Fort Knox, Ky., into two subareas and to or sorbic acid, potassium sorbate, sodium redesignation of the Columbia, Mo., reduce the time of designation. sorbate, or combinations of these as op­ transition area, as set forth in FR. Doc. The U.S. Army has concurred in a Fed­ tional ingredients to retard mold growth : 67-7270, is amended effective 0001 e.s.t., eral Aviation Administration proposal Pursuant to the provisions of the August 17, 1967, as follows: “thence SE that Restricted Area R-3704 be divided Federal Food, Drug, and Cosmetic Act along a line 5 miles SE of and parallel to (secs. 401, 701, 52 Stat. 1046, 1055, as the Jefferson City VOR 041° and 221° into Subarea A extending from the sur­ amended 70 Stat. 919, 72 Stat. 948; 21 radials” is deleted and “thence SW along face to and including 10,000 feet MSL U.S.C. 341, 371) and in accordance with a line 5 miles SE of and parallel to the 0600 to 2400 hours, other times by the authority delegated to the Commis­ Jefferson City VOR 041° and 221° ra­ NOTAM 24 hours in advance and Sub- sioner of Food and Drugs by the Secre­ dials” is substituted therefor. area B extending from 10,000 feet MSL tary of Health, Education, and Welfare (Sec. 307(a), Federal Aviation Act of 1958; (21 CFR 2.120), notice is given that no 49 U.S.C. 1348) to 20,000 feet MSL activated by NOTAM objections are filed to the order in the 24 hours in advance. Issued in Kansas City, Mo., on July 21, above-identified matter published in the 1967. Since the proposed modification to F ederal R egister of June 10, 1967 (32 R-3704 is procedural in nature and re­ F.R. 8358). Accordingly, the amendments Edward C. Marsh, duces the burden on the public, notice promulgated by that order will become Director, Central Region. effective August 9, 1967. [F.R. Doc. 67-9361; Filed, Aug. 9, 1967; and public procedure hereon are un­ 8:47 am.] necessary. (Secs. 401,701, 52 Stat. 1046,1055, as amended In consideration of the foregoing, Part 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) [Airspace Docket No. 66-EA-103] 73 of the Federal Aviation Regulations is Dated: August 2, 1967. amended, effective upon publication in J. K. K irk, PART 71— DESIGNATION OF FED­ the F ederal R egister, as hereinafter set Associate Commissioner ERAL AIRWAYS, CONTROLLED AIR­ forth. for Compliance. SPACE, AND REPORTING POINTS In § 73.37 (32 F.R. 2310) Restricted [F.R. Doc. 67-9383; Filed, Aug. 9, 1967; 8:49 am.] Designation of Transition Area ik’ea R-3704 Fort Knox, Ky., is amended as follows: On page 7291 of the F ederal R egister for May 16, 1967, the Federal Aviation a. Delete the present description of the PART 121— FOOD ADDITIVES Administration published proposed regu­ designated altitudes and substitute “Sub- Subpart F— Food Additives Resulting lations which would designate a 700-foot area A surface to and including 10,000 From Contact With Containers or floor Transition Area over Miami Uni­ feet MSL. Subarea B from 10,000 feet Equipment and Food Additives versity Airport, Oxford, Ohio. MSL to 20,000 feet MSL.” Interested parties were given 30 days Otherwise Affecting Food after publication in which to submit b. Delete the,present description of the time of designation and substitute “Sub- R esinous and P olymeric Coatings, Ad­ written data or views. No objections to hesives, Components op P aper and “le Proposed regulations have been area A 0600 to 2400; other times by P aperboard received. NOTAM 24 hours in advance. Subarea B The Commissioner of Food and Drugs, In view of the foregoing, the proposed by NOTAM 24 hours in advance.” having evaluated the data in a petition regulations are hereby adopted effective (Sec. 307(a), Federal Aviation Act of 1958; (FAP 6B1969) filed by The Firestone 0001 es.t., September 14, 1967. 49 U.S.C. 1348) Tire & Rubber Co., 1200 Firestone Park­ (Sec. 307(a), Federal Aviation Act of 1958; Issued in Washington, D.C., on August way, Akron, Ohio 44317, and other rele­ 72 Stat. 749; 49 U.S.C. 1348) 3, 1967. vant material, has concluded that the food additive regulations should be Issued in Jamaica, N.Y., on July 20, William E. Morgan, 1967. Acting Director, Air Traffic Service. amended as set forth below to provide for the use of mono-n-butyl ester of 5-nor- Wayne Hendershot, [F.R. Doc. 67-9365; Filed, Aug. 9, 1967; bornene-2,3-dicarboxylic acid and poly Acting Director, Eastern Region. 8:48 a.m.] [2-(diethylamino) ethyl methacrylate]

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10. 1967 11522 RULES AND REGULATIONS phosphate as components of food-con- List of substances Limitations by the order and spècify with particu- tact articles. The^fore. Pursuant to the ^ ^ „ * * • larity the provisions of the order deemed —------objectionable and the grounds for the provisions Ol Uip r cuclal X uuu, US, »Aiu p rod u ced by copoly­ Cosmetic Act (sec. 409(c)(1), 72 Stat. objections. If a hearing is requested, the merizing vlnyi chloride objections must state the issues for the 1786; 21 U.S.C. 348(c)(1)), and under with one or more of the the authority delegated to the Commis­ monomers acrylonitrile; hearing. A hearing will be granted if the sioner by the Secretary of Health, Edu­ fumaric acid and its objections are supported by grounds cation, and Welfare (21 CFR 2.120), Part methyl, ethyl, propyl, legally sufficient to justify the relief 121 is amended in Subpart F as follows: butyl, amyl, hexyl, hep- sought. Objections may be accompanied 1. Section 121.2514(b)(3) is amended tyl, or octyl esters; by a memorandum or brief in support maleic acid and its thereof. by alphabetically inserting in subdivision methyl, ethyl, propyl, (xv) a new subitem under the item butyl, amyl, hexyl, Effective date. This order shall become “Vinyl chloride copolymerized with * * *” heptyl, or octyl esters; effective on the date of its publication in and by alphabetically inserting in sub­ maleic anhydride; 5- the F ederal R egister. division (xxix) a new item, as follows: norbornene-2, 3-dicar- boxylic acid, mono-n- (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 §121.2514 Resinous and polymeric butyl ester; vinyl ace­ (c)(1)) coatings. tate; and vinylidene Dated; August 2,1967. chloride. The finished copolymers shall con­ J. K. Kirk, (b) * * * tain at least 50 weight — Associate Commissioner (3) * * * percent pf polymer for Compliance. (xv) * * * units derived from vinyl chloride; shall [F.R. Doc. 67-9384; Filed, Aug. 9, 1967; Vinyl chloride copolymerized with one or contain no more than 8:49 a.m.] more of the following substances: 5 weight percent of ***** total polymer units 5-Norbornene-2, 3-dicarboxylic acid, mono- derived from fumaric DOXYCYCLINE ANTIBIOTIC DRUGS n-butyl ester; for use such that the fin­ and/or maleic acid ished vinyl chloride copolymers contain and/or their methyl, Under the authority vested in the Sec­ not more than 4 weight percent of total ethyl, propyl, butyl, retary of Health, Education, and Welfare polymer units derived from this co- amyl, heptyl, or octyl by the Federal Food, Drug, and Cosmetic momoer. monoesters or from Act (sec. 507, 59 Stat. 463, as amended; ***** maleic anhydride or 21 U.S.C. 357) and delegated by him to from mono-n-butyl es­ the Commissioner of Food and Drugs (xxix) * * * ter of 5-norbornene-2, Poly [2-(diethylamino) ethyl methacrylate] 3-dicarboxylic acid (21 CFR 2.120), Parts 141, 145, and 147 phosphate (minimum intrinsic viscosity in (however, in any case are amended and Part 148z is established water at 25° C. is not less than 9.0 deciliters the finished copolymers as follows to provide for the certification per gram as determined by ASTM Method shall contain no more of specified doxycycline antibiotic drugs: D 1243-60), for use only as a suspending than 4 weight percent agent in the manufacture of vinyl chloride of total polymer units PART 141— TESTS AND METHODS OF copolymers and limited to use at levels not derived from mono-n- ASSAY OF ANTIBIOTIC AND ANTI­ to exceed 0.1 percent by weight of the butyl ester of 5-nor- BIOTIC CONTAINING DRUGS copolymers. bornene-2,3 - dicarbox- ***** ylic acid). 1. The following new section is added 2. Section 121.2520(c) (5) is amended * * * to Part 141: by alphabetically inserting in the list of 4. Section 121.2571(b)(2) is amended.§ 141.550 Paper chromatography iden­ components a new item and by alpha­ oy alphabetically inserting in the list of tity test for tetracyclines. betically inserting a new subitem under substances a new item and by alpha­ the item “Polymers: Homopolymers betically inserting a new subitem under (a) Equipment—(1) Sheet (chroma­ * * as follows: tographic). Whatman No. 1 filter paper the item “Polymers: H o m o p o ly ­ for chromatography, 20 x 20 centimeters. § 121.2520 Adhesives. mers * * as follows: (2) Chamber (.chromatographic). Cy­ § 121.2571 Components of paper and lindrical glass chromatographic jar, (c) paperboard in contact with dry food. 25 x 12 x 25 centimeters, with a ground- (5) glass lid. (b) * * * (3) Preparation of solutions—(i) pH Components op Adhesives 3.5 buffer. Mix 13.93 volumes of 0.1M Substances Limitations ( 2) * * * List of substances Limitations citric acid with 6.07 volumes of 0.2M of Poly [ 2 ( diethylamino) • * • * * * disodium phosphate. ethyl methacrylate] > o 1 y [2-(diethylamino) ------(ii) Solvent (organic phase). Mix phosphate. ethyl methacrylate] chloroform, nitromethane, any pyridine phosphate. in volumetric proportions of 10:20:3, P o ly m ers: Homopoly­ ♦ * * * * * respectively. mers * * * 'olymers; Homopol- Basic polymer, (4) Procedure. Fill the chamber to a ymers * * * * * * * * * depth of 0.6 centimeter with freshly pre­ 5-Norbornene-2, 3-dicar­ pared solvent. Draw a starting line about boxylic acid, mono-n- i-Norbornene - 2,3 - dicar------— butyl ester. boxylic acid, mono-n- 2.5 centimeters from and parallel to the butyl ester. bottom of the sheet. Wet the sheet * * * * * * thoroughly with the pH 3.5 buffer and 3. In § 121.2526(b) (2) the item “Vinyl Any person who will be adversely af­ blot it firmly between sheets of absorbent chloride copolymers * * *” is revised to paper. Starting about 5 centimeters from i n c l u d e a n e w comonomer “5- fected by the foregoing order may at any ¡ime within 30 days from the date of its the edge of the sheet and at 1.5-centi­ norbornene-2,3-dicarboxylic acid, mono- starting mblication in the F ederal R egister file meter intervals, apply to the n-butyl ester,” as follows: vith the Hearing Clerk, Department of linn 2 microliters each of standard solu­ § 121.2526 Components of paper and health, Education, and Welfare, Room tion (1 milligram per milliliter), sample paperboard in contact with aqueous >440, 330 Independence Avenue SW., solution (1 milligram per milliliter), ana and fatty foods. Washington, D.C. 20201, written objec- a 1:1 mixture of the standard and sample ;ions thereto, preferably in quintupli- solutions. Allow a few minutes for the ;ate. Objections shall show wherein the sheet to dry partially, and while stin (b) damp place it in the chamber with the ( 2) person filing will be adversely affected

FEDERAL REGISTER, VOL. 3 2 / NO. 154-— THURSDAY, AUGUST 10, 1967 a RULES AND REGULATIONS 11523 bottom edge touching the solvent. When cific lot of homogeneous preparation of § 148.3 of this chapter. Its expiration the solvent front has risen about 10 centi­ a-6-deoxyoxy tetracycline. meters, remove the sheet from the cham­ date is 12 months. ber. Examine the dried sheet under a 3. Section 145.4(b) is amended by add­ (3) Requests for certification; samples. ing the following new subparagraph: In addition to complying with the re­ strong source of ultraviolet light and quirements of § 146.2 of this chapter, record the position of any fluorescent § 145.4 Definitions of the terms “unit” each such request shall contain: spots. Measure the distance the solvent and “ microgram” as applied to anti­ (i) Results of tests and assays on the front traveled from the starting line and biotic substances. batch for potency, toxicity, moisture, pH, the distance that the fluorescent spots ***** doxycycline content, identity, and are from the starting line. Calculate the (b) * * * crystallinity. R( value by dividing the latter by the former. (38) Doxycycline. The term “micro­ (ii) Samples required: 10 packages, gram” applied to doxycycline means the each containing approximately 300 doxycycline activity (potency) contained milligrams. PART 145— A N TIB IO T IC DRUGS; in 1.155 micrograms of the doxycycline (4) Fees. $5.00 for each package in the DEFINITIONS AND INTERPRETA­ master standard. sample submitted in accordance with TIVE REGULATIONS subparagraph (3) (ii) of this paragraph. (b) Tests and methods of assay—(1) 2. Section 145.3 is amended by adding PART 147— ANTIBIOTICS INTENDED Potency—(i) Culture media. Use ingredi­ new paragraphs (a) (36) and (b) (36), FOR USE IN THE LABORATORY DI­ ents that conform to the standards pre­ as follows: AGNOSIS OF DISEASE scribed by the U.S.P. or N.P. (a) Make nutrient agar for carrying § 145.3 Definitions of master and work­ 4. Section 147.1. Antibiotic sensitivity ing standards. the test organism as follows: discs; tests and methods of assay; po­ Peptone------6.0 gm. (a) * * * tency is amended as follows: Pancreatic digest of casein__ 4. 0 gm. (36) Doxycycline. The term “doxycy- a. In paragraphs (c)(3) and (d), the Yeast extract______3. 0 gm. cline master standard” means a specific Beef extract______1. 5 gm. lot of a-6-deoxyoxytetracycline desig­ following new items are alphabetically Dextrose :.___ ^______1. 0 gm. nated by the Commissioner as the stand­ inserted in the table: Agar------15. 0 gm. ard of comparison in determining the Distilled water, q.s______1, 000.0 ml. § 147.1 Antibiotic sensitivity discs; tests pH 6.5 to 6.6 after sterilization. potency of the doxycycline working and methods of assay; potency. standard. ***** (b) Make nutrient broth for preparing (b) * * * an inoculum as follows: (C) * * * (36) Doxycycline. The term “doxycy­ Peptone______5.0 gm. cline working standard” means a spe- (3) * * * Beef extract______l. 5 gm. Yeast extract______l. 5 gm. Medium Sodium chloride______3. 5 gm. Volume of suspension Suspension Dextrose ______._____ 1.0 gm. Antibiotic added to'each < 10 0 ml. of number Dipotasslum phosphate______3. 68 gm. seed agar used for test Base Seed Potassium dihydrogen phos­ layer layer phate------1.32 gm. Distilled water, q.s______1,000. 0 ml. * * * Milliliters * * * ♦ * * pH 7.0 after sterilization. Doxycycline...... 4 £ * * * * * * 1.5 ♦ * * * * * * A* * In lieu of preparing the media from the individual ingredients specified in this subdivision, the media may be made froin (d) * * * a dehydrated mixture that, when recon­ stituted with distilled water, has the Antibiotic Solvent Standard curve (antibiotic same composition as such media. Minor concentration per disc) modification of the individual ingredients * * * * * * * * * specified in this subdivision are permis­ Doxycycline...... 3.3, 6.3, 12.2, 23.4, 46.0 Mg. sible if the resulting media possess ♦ * * * ♦ * * * * growth-promoting properties at least equal to the media described. § 148z.l Doxycycline hyclate. (ii) Working standard. Prepare a stock 5. Section 147.2(a) is amended by solution by dissolving an appropriate (a) Requirements for certification— aliquot of the doxycycline working stand­ adding the following new subparagraph: (1) Standards of identity, strength, qual­ ard in sufficient 0.1N hydrochloric acid ity, and purity. Doxycycline hyclate is to give a concentration of 1,000 micro­ § 147.2 Antibiotic sensitivity discs; cer­ a crystalline hydrochloride hemiethano- tification procedure. grams of doxycycline per milliliter. This late hemihydrate salt of doxycycline. It stock solution should be stored under (a) * * * is so purified and dried that: refrigeration and may be used for 7 days. (30) Doxycycline: Not less than 5 fig. (1) Its potency is not less than 800 (iii) Preparation of sample. Dissolve nor more than 30 fig. nor more than 920 micrograms of doxy­ an appropriate quantity of the sample in cycline per milligram on an as is basis. sufficient 0.1 N hydrochloric acid to obtain * * * * * (ii) It passes the toxicity test. a concentration of 1,000 micrograms of 6. The following new part is added: (iii) Its moisture content is not less doxycycline per milliliter (estimated). than 1.4 nor more than 2.75 percent. Further dilute in 0.1 M potassium phos­ PART 148z— DOXYCYCLINE (iv) Its pH in an aqueous solution phate buffer, pH 4.5, to a final concen­ containing 10 milligrams per milliliter tration of 0.100 microgram of doxycycline Sec. per milliliter (estimated). 148z.l Doxycycline hyclate. is not less than 2.0 nor more than 3.0. (v) It contains not less than 82 nor (iv) Preparation of test organism. iloZ-2 Doxycycline monohydrate. The test organism is Staphylococcus au- i " j Doxycycline hyclate capsules. more than 90 percent doxycycline on an I48z.4 Doxycycline monohydrate for oral as is basis. reus (ATCC 6538P), which is maintained suspension. on slants of nutrient agar described in (vi) It gives a positive identity test for subdivision (i) (a) of this subparagraph. iia UTH08IrT: The provisions of this Part doxycycline hyclate. From a stock slant, inoculate a Roux 148z issued under sec. 507, 59 Stat. 463, as (2) Labeling. It shall be labeled in ac­ bottle containing the same agar and in­ amended; 21 U.S.C. 357. cordance with the requirements of cubate for 24 hours at 32° C.-35° C. Wash

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11524 RULES AND REGULATIONS the resulting growth from the agar sur­ ing 5.0 milligrams of doxycycline per plication. Care must be taken so that face with 50 milliliters of sterile U.S.P. milliliter of sterile U.SP. saline T.S. the moist sheets do not become too dry; saline T.S. Standardize the resulting (3) Moisture. Proceed as directed in a period of 5 to 10 minutes between im­ § 141a.26(e) of this chapter. pregnating the paper and placing it in bulk suspension so that a 1:20 dilution the chromatographic chamber is usually in U.S.P. saline T.S. will give 25-percent (4) pH. Proceed as directed in § 141a.5 light transmission, using a suitable Pho­ (b) of this chapter, using an aqueous satisfactory. Evenly apply a 0.100-milli­ toelectric colorimeter with a 580-milli­ solution containing the equivalent of 10 liter aliquot of a doxycycline solution to micron filter and a 13-millimeter diam­ milligrams of doxycycline per milliliter. the origin line of a sheet as a 15-centi- (5) Doxycycline content—(i) Equip­ meter-lopg streak. Place the sheets in eter test tube as an absorption cell. For the chamber and develop them in a the daily inoculum use approximately 1.0 ment—(a) Sheet (chromatographic). Whatman No. 4 filter paper for chroma­ descending manner for 2. hours. The milliliter of the bulk suspension for each doxycycline band should move approxi­ liter of the nutrient broth needed for the tography, 22 x 57 centimeters. mately 12.5 centimeters from the origin assay. (b) Chamber (chromatographic). line. Remove the sheets from the chamber (v) Procedure. Prepare solutions forSquare glass chromatography jar, 30 x and air-dry for about 10 minutes. the daily standard curve by diluting an 30 x 60 centimeters, equipped with 25- (vi) processing the chromatogram. aliquot of the stock working standard centimeter troughs for descending Examine each sheet under 366-millimi­ solution prepared as described in subdi­ chromatography. cron ultraviolet light and outline the vision (ii) of this subparagraph in 0.1 Af (ii) Preparation of solutions—(.a) main fluorescent doxycycline band with potassium phosphate buffer, pH 4.5, to 0.05N Methanolic hydrochloric acid. Di­ a pencil. The marked area should be ap­ the following concentrations: 0.064, lute 4.2 milliliters of concentrated hydro­ proximately 10 x 22 centimeters in size. 0.080, 0.100, 0.125, and 0.156. microgram chloric acid to 1 liter with methanol. Outline an area on the blank sheet of doxycycline per milliliter. Place 1.0 (b) pH 4.2 buffer. Mix 5.86 volumes approximately equal in size and in. the milliliter of each concentration of the of 0.1M citric acid with 4.14 volumes of same location as those outlined on the standard curve and of the sample solu­ 0.2M disodium phosphate. standard and sample sheets. Exposure of tion prepared as described in subdivision the sheets to ammonia or other alkaline (iii) of this subparagraph into each of (c) Chromatographic system. Mix tol­ uene, pyridine, and pH 4.2 buffer in vapors must be avoided. Cut the marked three replicate test tubes (16 millimeters areas from the sheets and then cut them x 125 millimeters). To each tube add 9 volumetric proportions of 20: 3: 10, re­ spectively. Allow the phases to separate. into approximately 2-centimeter squares. milliliters of the inoculated broth de­ Place the upper phase in the troughs For each sheet, place the squares into scribed in subdivision (iv) of this sub- a glass-stoppered 125-milliliter Erlen- paragraph and place immediately in a near the top of the chamber. Place the lower phase in the bottom of the cham­ meyer flask. The time between removing water bath at 37° C. for 3 to 4 horns. ber. Saturate the atmosphere of the the sheets from the chamber and placing Remove the tubes from the water bath highly sealed chamber for 24 hours before the squares into the Erlenmeyer flasks and add 0.5 milliliter of a 12 percent use by placing white blotters on two should be minimal, since excessive drying formaldehyde solution to each tube. De­ opposite sides of the chamber so that of the paper can lead to erratic elutions. termine the absorbance values of each their ends are immersed in the lower (vii) Elution. To each flask add 50 mil­ tube in a suitable photoelectric color­ phase in the bottom of the chamber. Re­ liliters of 0.051V methanolic hydrochlo­ imeter, using a wavelength of 530 milli­ place the solvent in troughs before the ric acid and agitate on a reciprocating microns. Set the instrument at zero ab­ shaker for 1 hour. Decant the contents sorbance with clear, uninoculated broth chromatograms are to be developed. (iii) Preparation of the doxycycline of each flask into another flask by pour­ prepared as directed in subdivision (i) ing through a small funnel fitted with a (b) of this subparagraph. standard solution. Accurately weigh about 50 milligrams of the doxycycline glass wool plug. - (vi) Estimation of potency. Plot the (viii) Doxycycline standard solution average absorbance values for each con­ working standard into a 5-milliliter volumetric flask and bring to volume for direct measurement of absorbance. centration of the standard curve on 1- Pipette a 0.100-milliliter aliquot of the cycle semilogarithmic graph paper with with 0.05N methanolic hydrochloric acid. Store in the refrigerator and use within doxycycline standard solution into each the absorbance values on the arithmetic of three 125-milliliter Erlenmeyer flasks. scale and concentrations on the logarith­ 7 days. Add 50 milliliters of 0.051V methanolic mic scale. Construct the best straight line (iv) Preparation of sample. Accurately hydrochloric acid to each of these flasks. through the points either by inspection weigh about 50 milligrams of the sample (ix) Absorbance measurement. Using or by use of the following equations: into a 5-milliliter volumetric flask and bring to volume with 0.05N methanolic a suitable spectrophotometer and 0.05N ' T 3a+26-+-c—e i= -----5-----’ hydrochloric acid. methanolic hydrochloric acid as the (v) Preparation of the chromatogram. reference solvent, determine the ab­ __ 36"f"2d!-f-ç—d sorbance of each eluate and of each H------g-----. Dip the chromatographic sheets into pH 4.2 buffer and lightly blot each sheet doxycycline standard solution at the where: between clean nonfluorescing, white absorption maximum at about 349 blotters. Use separate sheets for the L = Calculated absorbance value fpr the millimicrons. lowest concentration of the standard doxycycline standard solution, for each curve. doxycycline sample solution, and for (x) Calculation of percent doxycycline H = Calculated absorbance value for the blanks without standard or sample ap- in samples. Calculate as follows: highest concentration of the standard curve. Percent doxycycline=7 -7 —— XDoxycycline content of the working standard, a, b, c, d, e—Average absorbance values for \A» — A b ) \ r r u ) each concentration of the standard curve, lowest to highest, respectively. where : (xi) Recovery of the doxycycline Au=Absorbance of the eluate from the standard from the chromatogram. As Plot the values obtained for L and H and main doxycycline hand of the connect the points with a straight line. sample sheet. follows: A, —Absorbance of the eluate from the _ A .-A t^ lO O Average the absorbance values for the Percent recovery=— —X-jr sample and determine the doxycycline main doxycycline band on the concentration from the standard curve. standard sheet. Ajj—Absorbance of the eluate from the ncic. . Multiply the concentration by the ap­ area of the blank sheet correspond­ Ajj—Absorbance of the doxycycline stana- propriate dilution factor to obtain the ing to the area of the doxycycline ard solution described in subdivi­ doxycycline content of the sample. band of the standard sheet. sion (viii) of this subparagraph. (2) Toxicity. Proceed as directed in Wu=Weight in milligrams of sample. F=The fractional purity of doxycycline Wf=Weight in miUigrams of doxycycline standard solution described in su - § 141a.4 of this chapter, using as a test division (xii) of this subparagrap • dose 0.5 milliliter of a solution contain- working standard.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11525 If the recovery of the doxycycline stand­ (2) Toxicity. Proceed as directed in ance with subparagraph (3) (ii) (a) of ard from the chromatogram is less than' § 141a.75(b) of this chapter using as a this paragraph. 95 percent, repeat the chromatogram. test dose 0.5 milliliter of a suspension (b) Tests and methods of assay—(1) (xii) Determination of the fractionalcontaining 100 milligrams of doxycy­ purity of the doxycycline working stand­ cline per milliliter of sterile distilled Potency. Proceed as directed in § 148z.l ard. Determine F by means of the follow­ water. (b)(1), except prepare the sample for ing equation: assay as follows: Blend a representative (3) Moisture. Proceed as directed in number of capsules in a high-speed glass T? i (Ac A c b) ^ § 141a.26(e) of this chapter. blender with 0.1 N hydrochloric acid and (A c—Act-j-Ag—A j ) (4) pH. Proceed as directed in § 141a.- further dilute with 0.1 M p o ta ssium phos­ where: 5(b) of this chapter, using an aqueous Ac=Absorbance of the eluate from sec­ suspension containing the equivalent of phate buffer, pH 4.5, to the reference con­ tions of the standard chromatogram 10 milligrams of doxycycline per milli­ centration. The potency is satisfactory if containing nondoxycycline 349 mil­ liter. it is not less than 90 percent nor more limicron-absorbing contaminants. (5) Doxycycline content. Proceed as than 120 percent of the number of milli­ A-cb—Absorbance of the eluates from the grams of doxycycline that it is repre­ sections of the blank sheets corre­ directed in § 148z.l (b) (5). sented to contain. sponding to those sections of the (6) Identity. The infrared absorption nondoxycycline absorbing contami­ spectrum in the range of 2 to 15 microns (2) Moisture. Proceed as directed in nants of the standard sheets. of a 0.25 percent mixture of doxycycline § 141a.26(e) of this chapter. monohydrate in a potassium bromide (3) Identity. Proceed as directed in (6) Identity. The infrared absorption pellet compares qualitatively to that of § 141.550 of this chapter, except prepare spectrum in the range of 2 to 15 microns an authentic sample of doxycycline the standard and sample solutions as fol­ for a 0.25-percent mixture of the sample monohydrate. lows: Dissolve precise amounts of the in a potassium bromide pellet compares (7) Crystallinity. Proceed as directed doxycycline capsule contents and of the qualitatively to that of an authentic in § 148z.l(b) (7). doxycycline working standard in metha­ sample of doxycycline hyclate. nol and further dilute each solution to a (7) Crystallinity. Mount a few parti­ § 148z.3 Doxycycline hyclate capsules. concentration of 1 milligram of doxycy­ cles of the sample in mineral oil and (a) Requirements for certification— cline per milliliter. Prepare the sample- examine by means of a polarizing micro­ (1) Standards of identity, strength, qual­ standard mixed solution by mixing equal scope. The particles reveal the phenom­ ity, and purity. Doxycycline hyclate cap­ volumes of the final standard and sample ena of birefringence and extinction sules are composed of doxycycline hy­ solutions. The standard and sample must positions on revolving the microscope clate and one or more suitable and harm­ each produce a major, yellow fluorescent stage. less lubricants and diluents enclosed in a spot with the same Rf value, and the § 148z.2 Doxycycline monohydrate. gelatin capsule. Each capsule contains standard-sample mixed solution must doxycycline hyclate equivalent to 50 mil­ show no separation of major spots. (a) Requirements for certification— ligrams of doxycycline. The moisture (1) Standards of identity, strength, qual­ content is not more than 5.0 percent. It § 148z.4 Doxycycline monohydrate for ity, and purity. Doxycycline monohy­ passes the identity test for the presence oral suspension. drate is a crystalline hydrated compound of the doxycycline moiety. The doxycy­ (a) Requirements for certification— of doxycycline. It is so purified and dried cline hyclate used conforms to the stand­ that: (1) Standards of identity, strength, qual­ ards prescribed by § 148z.l. Each other ity, and purity. Doxycycline monohy­ .(i) Its potency is not less than 880 substance used, if its name is recognized micrograms nor more than 980 micro- drate for oral suspension is doxycycline in the U.SJP. or N.F., conforms to the monohydrate, with one or more suitable grams of doxycycline per milligram on standards prescribed therefor by such an as is basis. and harmless buffer substances, preserv­ official compendium. atives, diluents, colorings, and flavorings. (ii) It passes the toxicity test. (2) Labeling. It shall be labeled in ac­ (iii) Its moisture content is not less Its moisture content is not more than cordance with the requirements of § 148.3 3 percent. It passes the identity test for than 3.6 percent nor more than 4.6 per­ of this chapter. Its expiration date is 12 cent. the presence of the doxycycline moiety. months. When prepared as directed in the label­ (iv) Its pH in an aqueous suspension (3) Requests for certification; samples. containing the equivalent of 10 milli­ ing, each milliliter contains the equiva­ In addition to the requirements of § 146.2 lent of 5 milligrams of doxycycline and grams of doxycycline per milliliter is not of this chapter, each such request shall less than 5.0 nor more than 6.5. its pH is not less than 5.0 and not more contain: than 6.0. The doxycycline monohydrate (v) It contains not less than 90 per­ (i) Results of tests and assays on: cent nor more than 98 percent doxycyc- used conforms to the standards pre­ (a) The doxycycline hyclate used in scribed by § 148z.2. Each other substance line on an as is basis. making the batch for potency, toxicity, (vi) It gives a positive identity test used, if its name is recognized in the moisture, pH, doxycycline content, iden­ U.S.P. or N.F., conforms to the standards for doxycycline monohydrate. tity, and crystallinity. (2) Labeling. It shall be labeled in ac­ prescribed therefor by such official cordance with the requirements of § 148.3 (5) 'The batch for potency, moisture,compendium. of this chapter. Its expiration date is 12 and identity. (2) Labeling. It shall be labeled in ac­ months. (ii) Samples required: cordance with the requirements of § 148.3 (3) Requests for certification; samples. (a) The doxycycline hyclate used in of this chapter. Its expiration date is 12 In addition to complying \yith the re­ making the batch: 10 packages, each con­ months. quirements of § 146.2 of this chapter, taining approximately 300 milligrams. (3) Requests for certification; samples. each such request shall contain: (b) The batch: A minimum of 36 In addition to the requirements of § 146.2 (i) Results of tests and assays on the capsules. of this chapter, each such request shall batch for potency, toxicity, moisture, pH, (c) In case of an initial request for contain: doxycycline content, identity, and crys­ certification, each other ingredient used (i) Results of tests and assays on: . tallinity. in making the batch: One package of (a) The doxycycline monohydrate (ii) Samples of the batch: 10 pack­ each containing approximately 5 grams. used in making the batch for potency, ages, each containing approximately 300 (4) Fees. $0.75 for each capsule in the toxicity, moisture, pH, doxycyline con­ milligrams. sample submitted in accordance with tent, identity, and crystallinity. (4) Fees. $5 for each package in the subparagraph (3) (ii) (b) of this para­ (b) The batch for potency, moisture, sample submitted in accordance with graph; $4 for each immediate container pH, and identity. subparagraph (3) (ii) of this paragraph. in the sample submitted in accordance (ii) Samples required: (b) Tests and methods of assay—(1) with subparagraph (3) (ii) (c) of this Potency. Proceed as directed in § 148z.- (a) Doxycyline monohydrate used Kb) (l). paragraph; $5 for each immediate con­ in making the batch: 10 packages, each tainer in the sample submitted in accord­ containing approximately 300 milligrams.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11526 RULES AND REGULATIONS (b) The batch: A minimum of six the mortgage resulting from the certifi­ immediate containers. Title 24— HOUSING AND HOUSING cation of cost requirements shall not be (c) In case of an initial request for construed as a prepayment of the certification, each other ingredient used CREDIT mortgage. in making the batch: One package of (c) Late charge. The mortgage may each containing approximately 5 grams. Chapter 11—Federal Housing Admin­ provide for the collection by the mort­ istration, Department of Housing gagee of a late charge, not to exceed two (4) Fees. $4 for each container in the cents for each dollar of each payment to samples submitted in accordance with and Urban Development interest or principal more than 15 days subparagraph (3) (ii) (b> and (c ); $5 for each container in the sample sub­ SUBCHAPTER D— RENTAL HOUSING in arrears, to cover the expense involved INSURANCE in handling delinquent payments. Late mitted in accordance with subparagraph charges shall be separately charged to (3) (ii) (a) of this paragraph. PART 207— MULTIFAMILY HOUSING and collected from the mortgagor and (b) Tests and methods of assay—(1) MORTGAGE INSURANCE shall not be deducted from any aggre­ Potency. Proceed as directed in § 148z.l (b)(1), except prepare the sample for Subpart A— Eligibility Requirements gate monthly payment. assay as follows: Reconstitute the sample (Sec. 1101, 80 Stat. 1255, 1274; 12 U.S.C. SUBCHAPTER W— GROUP PRACTICE 1749aaa-l et seq.) as directed in the labeling. Using a suit­ FACILITIES INSURANCE able syringe, transfer an appropriate Issued at Washington, D.C., August 7, aliquot of the suspension to a volumetric PART 1100— MORTGAGE INSURANCE 1967. flask and dissolve with 0.1N hydrochloric FOR GROUP PRACTICE FACILITIES acid. Further dilute with 0.1M potassium Philip N. B rownstein, phosphate buffer, pH 4.5, to the reference Subpart A— Eligibility Requirements Federal Housing Commissioner. concentration. The potency is satisfac­ R efinancing T ransactions and P repay­ JP.B. Doc. 67-9390; Piled, Aug. 9, 1967; tory if it is not less than 90 percent nor ment P rivilege, P repayment and Late 8:50 a.m.] more than 125 percent of the number of Charges milligrams of doxycyline that it is rep­ In § 207.32 the introductory text of SUBCHAPTER G— HOUSING FOR MODERATE resented to contain. INCOME AND DISPLACED FAMILIES (2) Moisture. Proceed as directed in paragraph (a) is amended, paragraph § 141a.26(e) of this chapter. (b) is redesignated as paragraph (c), PART 221— LOW COST AND MODER­ (3) pH. Reconstitute as directed in the and a new paragraph (b) is added to read ATE INCOME MORTGAGE INSUR­ as follows: labeling and proceed as directed in ANCE § 141a.5(b) of this chapter, using the § 207.32 Eligibility of refinancing trans­ undiluted sample. actions. Subpart C— Eligibility Requirements— (4) Identity. Proceed as directed in ***** Moderate Income Projects § 141.550 of this chapter, except prepare (a) Except as provided in paragraph SUBCHAPTER I— HOUSING FOR ELDERLY the standard and sample solutions as fol­ (b), the principal of the new mortgage PERSONS lows: Dissolve precise amounts of the shall not exceed the lowest of these PART 231— HOUSING MORTGAGE doxycycline monohydrate for oral sus­ amounts: pension and of the doxycycline working ***** INSURANCE FOR THE ELDERLY standard in methanol and further dilute (b) Where the mortgage to be refi­ Subpart A— Eligibility Requirements each solution to a concentration of 1 mil­ nanced is one of several insured mort­ Miscellaneous Amendments ligram of doxycycline per milliiiter. Pre­ gages covering properties, the income of pare the sample-standard mixed solu­ which is being pooled, and the proceeds In § 221.510 the introductory text of paragraphs (a) (2) and (d) (2) is amend­ tion by mixing equal volumes of the final of the refinanced mortgage are to be applied to the indebtedness of one or ed to read as follows: concentration of the sample and stand­ more mortgages in such pool, the prin­ § 221.510 Eligible mortgagors. ard solutions. The sample and standard cipal amount of the new mortgage shall must each produce a major, yellow not exceed the original principal amount (a) Nonprofit, builder-seller, and re­ of the existing insured mortgage. habilitation sales mortgagors. * * * fluorescent spot with the same Rt value (2) The builder-seller mortgagor shall and the sample-standard mixed solution ***** be a special type of mortgagor approved must show no separation of major spots. (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ by the Commissioner which is organized: prets or applies sec. 207, 52 Stat. 16, as Data supplied by the manufacturer amended; 12 U.S.C. 1713) ***** concerning the safety and efficacy of f new construction where the mortgagor (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. s a nonprofit, builder-seller, public, co- 357) tween the mortgagor and the mortgagee. However, the mortgagor shall be per­ iperative, or investor-sponsor, the Com- Dated: August 4,1967. mitted to prepay up to 15 percent of the nissioner’s estimate of replacement cos J ames L. Goddard, original principal amount of the mort­ >f the property or project when the un- Commissioner of Food and Drugs. gage in any one calendar year without irovements are completed (the replace- any such additional charge. Any reduc­ nent cost may include the land, the pro- [PJR. Doc. 67-9876; Piled, Aug. 9, 1967; K>sed physical improvements, utilities 8:48 am.] tion in the original principal amount of

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11527 within the boundaries of the land, archi­ § 221.535a Supervision applicable to (a) through (c) of this section shall not tect’s fees, taxes, interest during con­ builder-seller mortgagors. be applicable to a project involving a struction, and other miscellaneous nonprofit mortgagor. charges incident to construction and ap­ (a) Builder-seller’s escrow. The mort­ proved by the Commissioner). gagee shall hold in escrow such amount (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. In­ as the Commissioner determines will be terprets or applies sec. 231, 73 Stat. 665; 12 ***** needed, in the event the project is not U.S.C. 1715v) (3) Repair or rehabilitation, (i) In the transferred to a nonprofit mortgagor at Issued at Washington, D.C., August 4, case of a project which is to be repaired final endorsement or within such addi­ 1967. or rehabilitated where the mortgagor is tional period as may be agreed to in writ­ a nonprofit, builder-seller, rehabilitation ing by the Commissioner, to reduce the P h il ip N. B row nstein, sales, public, cooperative, or investor- principal of the mortgage to an amount Federal Housing Commissioner. sponsor, the sum of the estimated cost of authorized for a limited distribution [FR. Doc. 67-9391; Filed, Aug. 9, 1967; the repairs or rehabilitation of the proj­ mortgagor. The amount held in escrow 8:50 am.] ect and the Commissioner’s estimate of may be disbursed to the mortgagor if the value of the property before repairs the transfer occurs at final endorsement or rehabilitation. or within such period as may be agreed ***** to by the Commissioner. Where the Title 39— POSTAL SERVICE transfer does not occur within the pre­ In § 221.515 paragraph (b) (1) and the scribed period, the escrow shall be ap­ Chapter I— Post Office Department introductory text of paragraph (c) (1) plied against the mortgage or in such PART 541— TRANSPORTATION OF are amended to read as follows: other manner as the Commissioner may direct. MAIL BEYOND BORDERS OF UNITED § 221.515 Adjusted mortgage amount— STATES rehabilitation projects. ***** ***** In § 221.550a paragraphs (a) and (d) Transportation and Protection of Mail (b) Property subject to existing mort­ are amended to read as follows: Between Post Offices and Ships gage. * * * (1) Nonprofit, builder-seller, public,§ 221.550a Certificate of actual cost— The regulations of the Post Office builder’s and sponsor’s profit and Department are amended as follows: cooperative, or investor-sponsor mort­ risk allowance. gagor. If the mortgagor is a nonprofit, I. In § 541.1 paragraph (c) is revised builder-seller, public, cooperative, or in­ (a) In general. The mortgagor’s certi­to show that a man is no longer required vestor-sponsor, the Commissioner’s esti­ ficate of actual cost shall include (ex­ to ride on the rear of a vehicle to pro­ mate of the cost of the repairs or re­ cept in a case involving a nonprofit, tect the mail as much of the mail is now habilitation plus such portion of the builder-s e 11 e r , cooperative, investor- containerized. outstanding indebtedness as does not ex­ sponsor, or rehabilitation sales mort­ § 541.1 Transportation and protection ceed the Commissioner’s estimate of the gagor) an allowance for builder’s and o f m ail betw een p o st offices a n d ships. value of such land and improvements sponsor’s profit and risk. The amounts of * * * * * the allowance shall be dependent upon a prior to the repairs or ^rehabilitation. (c) Vehicles and carriers. Carriers ***** determination by the Commissioner as to whether or not there exists an identity are accountable and answerable in fines (c) Property to be acquired. * * * of interest between the mortgagor or any for failure to: (1) Nonprofit, builder-seller, "public, of its officers, directors, stockholders, or (1) Carry the mail in a safe and secure cooperative, investor-sponsor, or reha­ partners and the general contractor. manner. The mail compartment of the bilitation sales mortgagor. If the mort­ completely closed van-type vehicle or gagor is a nonprofit, builder-seller, pub­ ***** trailer type container vehicle must be lic, cooperative, investor-sponsor, or (d) Nonapplicability to nonprofit, locked or sealed during transport from rehabilitation sales, the Commissioner’s builder-s eller, cooperative, investor- post office to pier. When open top trucks estimate of the cost of the proposed re­ sponsor, or rehabilitation sales mort­ are used, the sacks shall be covered by a pairs oy rehabilitation plus the lesser of gagor. The provisions of paragraphs (a) fireproof and rainproof tarpaulin which either of the following: through (c) of this section shall not be must be fastened securely to the body of ***** applicable to a project involving a non­ the truck. profit, builder-seller, cooperative, in­ (2) Guard the pouches and other mail In § 221.535 paragraph (a) is amended vestor-sponsor, or rehabilitation sales in their custody from theft or damage by to read as follows: mortgagor. water or any other source. § 221.535 Supervision applicable to in­ (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ * * * * * vestor-sponsor mortgagors. pret or apply sec. 221, 68 Stat. 599, as (5 U.S.C. 301, 39 U.S.C. 501, 505) (a) Investor-sponsor’s escrow. Theamended; 12 U.S.C. 17151) mortgagee shall hold in escrow such In § 231.11a paragraph (a) is amended T imothy J . May, amount as the Commissioner determines and a new paragraph (d) is added to read General Counsel. will be needed, in the event the project as follows: August 1, 1967. is not transferred to a cooperative within [F.R. Doc. 67-9348; Filed, Aug. 9, 1967; § 231.11a Builder’s and sponsor’s profit 8:46 am.] 2 years from the date of project com­ and risk allowance. pletion, to reduce the principal of the (a) In general. The mortgagor’s cer­ mortgage to an amount authorized for tificate of actual cost shall include (ex­ a limited distribution mortgagor. The cept in a case involving a nonprofit mort­ Title 46— SHIPPING amount held in escrow may be disbursed gagor) an allowance for builder’s and to the mortgagor if the transfer occurs sponsor’s profit and risk, the amount of Chapter II— Maritime Administration, within the 2-year period. Where the which shall be dependent upon a deter­ Department of Commerce mination by the Commissioner as to transfer does not occur within such whether or not there exists an identity SUBCHAPTER G— EMERGENCY OPERATIONS Period, the escrow shall be applied of interest between the mortgagor or any [General Order 75, 2d Rev., Amdt. 16] against the mortgage or in such other of its officers, directors, stockholders, or manner as the Commissioner may direct. partners and the general contractor. PART 308— WAR RISK INSURANCE ***** ***** Miscellaneous Amendments In § 221.535a paragraph (a) is amend­ (d) Nonapplicability to nonprofit Part 308 is hereby amended to reflect ed to read as follows: mortgagor. The provisions of paragraphs the following changes:

No. 154----- 3 FEDERAL REGISTER, VOL. 3 2 , NO. 154— THURSDAY, AUGUST 10, 1967 11528 RULES AND REGULATIONS

Amend § 308.6 Period of interim bind­ (1) Hunting is prohibited within one- Oklahoma ers and renewal procedure, § 308.106 fourth mile of any occupied dwelling or TISHOMINGO NATIONAL WILDLIFE REFUGE Standard form of war risk hull insurance concession operation. interim binder and optional disburse­ The provisions of this special regula­ Public hunting of mourning doves on ments insurance endorsement, § 308.206 tion supplement the regulations which the Tishomingo National Wildlife Ref­ Standard form of war risk protection and govern hunting on wildlife refuge areas uge, Okla., is permitted only on the area indemity insurance interim binder, and generally which are set forth in Title 50, designated by signs as open to hunting. § 308.305 Standard form of Second Sea­ Code of Federal Regulations, Part 32, and This open area, comprising 3,100 acres, men’s war risk insurance interim binder, are effective through January 7,1968. is delineated on maps available at refuge headquarters, Tishomingo, Okla., and by changing the expiration dates con­ IMPERIAL NATIONAL WILDLIFE REFUGE tained therein to read “midnight, March from the Regional Director, Bureau of 7,1968, G.m.t.” Public hunting of doves on the Im­ Sport Fisheries and Wildlife, Post Office perial National Wildlife Refuge, Ariz. Box 1306, Albuquerque, N. Mex. 87103. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. and Calif., is permitted only on the area Hunting shall be in accordance with all 1114) designated by signs as open to hunting. applicable State and Federal regulations Dated: August 4, 1967. This open area, comprising 38,540 acres, governing the hunting of mourning By order of the Acting Maritime is delineated on maps available at refuge doves subject to the following special headquarters, Yuma, Ariz., and from the conditions: Administrator. Regional Director, Bureau of Sport (1) The open season for hunting James S. D awson, Jr., Fisheries and Wildlife, Post! Office Box mourning doves on the refuge extends Secretary. 1306, Albuquerque, N. Mex. 87103. Hunt­ from September 1 through September 30, 1967, inclusive. [F.R. Doc. 67-9378; Filed, Aug. 9, 1967; ing seasons are as follows: Arizona— 8:49 a.m.] white-winged and mourning doves, from (2) Dogs may be used for the purpose September 1 through September 24,1967, of hunting and retrieving. inclusive; mourning doves only, from (3) A Federal permit is not required December 13, 1967, through January 7, to enter the public hunting area, but 1968, inclusive. California—white-winged hunters, upon entering and leaving, shall Title 50— WILDLIFE AND and mourning doves, from September 2 report at designated checking stations through October 11, 1967, inclusive. as may be established for the regulation FISHERIES Hunting shall be in accordance with ap­ of the hunting activity and shall fur­ Chapter I— Bureau of Sport Fisheries plicable State and Federal regulations nish information pertaining to their and Wildlife, Fish and Wildlife covering the hunting of doves. hunting, as requested. Service, Department of the Interior The provisions of this special regula­ The provisions of this special regula­ tion supplement the regulations which tion supplement the regulations which PART 32-—HUNTING govern hunting on wildlife refuge areas govern hunting on wildlife refuge areas generally which are set forth in Title 50, generally which are set forth in Title 50, Havasu Lake National Wildlife Ref­ Code of Federal Regulations, Part 32, Code of Federal Regulations, Part 32, and uge, Arizona and California, et al. and are effective through January 7,1968. are effective through September 30,1967. The following special regulations are K ansas Lewis R. Garlick, Acting Regional Director, issued and are effective on date of pub­ flint hills national wildlife refuge lication in the F ederal R egister. The Albuquerque, N. Mex. limited time ensuing from the date of the Public hunting of mourning doves, August 1,1967. adoption of the Federal migratory game rails, woodcock, and Wilson’s snipe on [F.R. Doc. 67-9333; Filed, Aug. 9, 1967; bird regulations to and including the the Flint Hills National Wildlife Refuge, 8:45 am.] establishment of State hunting seasons Kans., is permitted only on the area makes it impracticable to give public designated by signs as open to hunting. notice of proposed rule making. This open area, comprising 2,906 acres, PART 32— HUNTING is delineated on maps available at refuge, §32.12 Special regulations; migratory headquarters, Burlington, Kans., and Aleutian Islands National Wildlife game birds; for individual wildlife Refuge, Alaska, et al. refuge areas. from the Regional Director, Bureau of Sport Fisheries and Wildlife, Post Office The following special regulations are Arizona and California Box 1306, Albuquerque, N. Mex. 87103. Hunting seasons are as follows: Mourn­ issued and are effective on date of pub­ HAVASU LAKE NATIONAL W ILDLIFE REFUGE ing doves, from September 1 through lication in the F ederal R egister. Public hunting of doves on the Havasu October 30, 1967, inclusive; rails, from § 32.22 Special regulations; upland Lake National Wildlife Refuge, Ariz. and September 1 through November 9, 1967, game; for individual wildlife refuge Calif., is permitted only on the area des­ inclusive; woodcock, from October 21 areas. ignated by signs as open to hunting. This through December 24, 1967, inclusive; Alaska open area, comprising 9,846 acres, is de­ and Wilson’s snipe, from October 1 ALEUTIAN ISLANDS NATIONAL WILDLIFE lineated on maps available at refuge through November 19, 1967, inclusive. REFUGE Hunting shall be in accordance with all headquarters, Needles, California^ and Public hunting of upland game on all from the Regional'Director, Bureau of applicable State and Federal regulations Sport Fisheries and Wildlife, Post Office covering the hunting of doves, rails, lands within the Aleutian Islands Na­ Box 1306, Albuquerque, N. Mex. 87103. woodcock, and Wilson’s snipe subject to tional Wildlife Refuge, Alaska, is per­ Hunting seasons are as follows: Arir the following special conditions; mitted in accordance with all applicable zona—white-winged and m o u r n in g (1) Vehicle access shall be restricted State regulations governing upland game doves, from September 1 through Sep­ to designated parking areas and to exist­ hunting. Information relative to hunt­ tember 24, 1967, inclusive; mourning ing roads. doves only, from December 13, 1967, (2) Dogs—Not to exceed two per ing thereon may be obtained from the through January 7, 1968, inclusive. Cali­ hunter may be used for the purpose of Refuge Manager, Cold Bay, Alaska. fornia—white-winged and mourning hunting and retrieving. The provisions of this special regula­ doves, from September 2 through Octo­ The provisions of this special regula­ tion supplement the regulations which ber 11, 1967, inclusive. Hunting shall be tion supplement the regulations which govern hunting on wildlife refuge areas in accordance with all applicable State govern hunting on wildlife refuge areas generally, which are set forth in Title and Federal regulations covering the generally which are set forth in Title 50, hunting of doves subject to the following Code o’f Federal Regulations, Part 32, and 50, Code of Federal Regulations, Part 32, special condition: are effective through December 24, 1967. and are effective through June 30,1968.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11529 ARCTIC NATIONAL W ILDLIFE RANGE All coordinates are approximate. signs as open to hunting. This open area, Public hunting of upland game on all This area is delineated on maps avail­ comprising 9,846 acres, is delineated on lands within the Arctic National Wildlife able at Refuge headquarters and from maps available at refuge headquarters, Range, Alaska, is permitted in accord­ the Regional Director, Bureau of Sport Needles, Calif., and from the Regional ance with all applicable State laws gov­ Fisheries and Wildlife, Post Office Box Director, Bureau of Sport Fisheries and erning upland game hunting. Informa­ 3737, Portland, Oreg. 97208. Wildlife, Post Office Box 1306, Albuquer­ tion relative to hunting theron may be The provisions of this special regula­ que, N. Mex. 87103. Hunting seasons are obtained from the Refuge Supervisor, tion supplement the regulations which as follows: Arizona—quail, October 1 Bureau of Sport Fisheries and Wildlife, govern hunting on wildlife refuge areas through October 31, 1967, inclusive, and Post Office Box 500, Kenai, Alaska. generally, which are set forth in Title 50, December 1, 1967, through January 31, The provisions of this special regula­ Code j)f Federal Regulations, Part 32, 1968, inclusive; cottontail and jack rab­ tion supplement the regulations which and are effective through June 30, 1968. bits, September 1,1967, through January govern hunting on wildlife refuge areas KODIAK NATIONAL WILDLIFE REFUGE 31, 1968, inclusive. California—quail, generally, which are set forth in Title October 28, 1967, through January 1, 50, Code of Federal Regulations, Part 32, Public hunting of upland game on all 1968, inclusive; cottontail and jack rab­ and are effective through June 30, 1968. lands within the Kodiak National Wild­ bits, September 2, 1967, through January life Refuge, Alaska, is permitted in ac­ 1,1968, inclusive. Hunting shall be in ac­ CLARENCE RHODE NATIONAL W ILDLIFE RANGE cordance with all applicable State regu­ cordance with all applicable State regu­ Public hunting of upland game on all lations governing upland game hunting, lations governing the hunting of quail, lands Within the Clarence Rhode Na­ subject to the following special condi­ cottontail and jack rabbits subject to the tional Wildlife Range, Alaska, is per­ tions: following special conditions: mitted in accordance with all applicable (1) Except in the event of an emer­ (1) Hunting is prohibited within one- State regulations governing upland game gency, the landing of aircraft on the fourth mile of any occupied dwelling or Kodiak National Wildlife Refuge is re­ concessing operation. hunting. Information relative to hunt­ stricted to the lakes, streams, and other ing thereon may be obtained from the bodies of water. (2) Weapons—Shotguns only, not Refuge Manager, Bethel, Alaska. Information relative to hunting larger than 10 gage and incapable of The provisions of this special regula­ thereon may be obtained from the Refuge holding more than 3 shells. tion supplement the regulations which headquarters, Kodiak, Alaska. The provisions of this special regula­ govern hunting on wildlife areas gener­ The provisions of this special regula­ tion supplement the regulations which ally, which are set forth in Title 50, Code tion supplement the regulations which govern hunting on wildlife refuge areas of Federal Regulations, Part 32, and are govern hunting on wildlife refuge areas generally which are set forth in Title 50, effective through June 30, 1968. generally, which are set forth in Title Code of Federal Regulations, Part 32, and IZEMBEK NATIONAL W ILDLIFE RANGE 50, Code of Federal Regulations, Part 32, are effective through January 31,1968. Public hunting of upland game on all and are effective through June 30, 1968. B layne D. Graves, lands within the Izembek National Wild­ NUNIVAK NATIONAL WILDLIFE REFUGE Refuge Manager, Havasu Lake life Range, Alaska, is permitted in ac­ National Wildlife Refuge, cordance with all applicable State regu­ Public hunting of upland game on all Needles, Calif. lations governing upland game hunting, lands within the Nunivak National Wild­ subject to the following special condi­ life Refuge, Alaska, is permitted in J uly 31, 1967. tion: The landing of aircraft is pro­ accordance with all applicable State reg­ [F.R. Doc. 67-9334; Filed, Aug. 9, 1967; hibited except in the event of emergency. ulations governing upland game hunting. 8:45 a.m.] Information relative to hunting thereon Information relative to hunting on the may be obtained from the Refuge Super­ refuge may be obtained from Refuge visor, Bureau of Sport Fisheries and Supervisor, Bureau of Sport Fisheries PART 32— HUNTING Wildlife, Post Office Box 500, Kenai, and Wildlife, Post Office Box 500, Kenai, Alaska. Alaska. Blackbeard Island National Wildlife The provisions of this special regula­ The provisions of this special regula­ Refuge, Ga. tion supplement the regulations which tion supplement the regulations which The following special regulations are govern hunting on wildlife refuge areas govern hunting on wildlife refuge areas generally, which are set forth in Title 50, issued and are effective on date of pub­ generally, which are set forth in Title 50, lication in the F ederal R egister. Code of Federal Regulations, Part 32, Code of Federal Regulations, Part 32, and and are effective through June 30, 1968. are effective through June 30, 1968. § 32.22 Special regulations; u p lan d game; for individual wildlife refuge kenai national moose range J ohn D. F indlay, Acting Regional Director, Bu­ areas. Public hunting of upland game on all reau of Sport Fisheries and G eorgia lands within the Kenai National Moose Wildlife. blackbeard island national wildlife Range, Alaska, is permitted in accord­ REFUGE ance with all applicable State regula­ J uly 24, 1967. tions governing upland game hunting, [F.R. Doc. 67-9332; Filed; Aug. 9, 1967; Public hunting of wild turkey and rac­ subject to the fo llo w in g special 8:45 ajn.] coon on the Blackbeard Island National conditions: Wildlife Refuge, Ga., is permitted only on the area designated by signs as open (1) Except in the event of an emer­ PART 32— HUNTING to hunting. This open area, comprising gency, the landing of aircraft on that 4,585 acres is delineated on a map avail­ Portion of the Kenai National Moose Havasu Lake National Wildlife able at the refuge headquarters, Route 1, Range lying south of the Kenai River is Refuge, Ariz. and Calif. restricted to the following areas: Hardeeville, S.C. 29927, and from the Area No. Î. All lakes, streams and other The following special regulation is is­ Office of the Regional Director, Bureau bodies of water except that aircraft may sued and is effective on date of publica­ of Sport Fisheries and Wildlife, 809 tion in the F ederal R egister. Peachtree-Seventh Building, Atlanta, Pot be landed on any glacier. Ga. 30323. Hunting shall be in accord­ Area No. 2. The airstrip situated near § 32.22 Special regulations; u p lan d ance with all applicable State regula­ the south side of Upper Funny River at game; for individual wildlife refuge tions covering the hunting of turkey and longitude 150°26'50" W„ latitude 60°- areas. 12'20" N. raccoon subject to the following condi­ Arizona and California tions: Area No. 3. The airstrip situated near HAVASU LAKE NATIONAL W ILDLIFE REFUGE (1) Turkey gobblers and raccoons may the west side of Funny River at longitude be taken during the following open 150°44'52" W., latitude 60°20'12" N. Public hunting of quail, cottontail and periods: October 25 through October 28, Area No. 4. The airstrip situated near jack rabbits on the Havasu Lake National 1967; November 20 through November i ca nor^l1 side of Fox River at longitude Wildlife Refuge, Ariz. and Calif., is per­ 25, 1967; and December 27 through De­ 150°44' W., latitude 59°58'30" N. mitted only on the area designated by cember 30, 1967. FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11530 RULES AND REGULATIONS (2) Hunting hours will be from day­ width. Firearms, crossbows, and me­ grouse season in Nebraska, or until the chanical bows are prohibited. opening date of the regular State duck light to 9:30 a.m. and from 3:30 p.m. hunting season, whichever occurs first. to sunset daily. (5) Dogs are prohibited. (3) The bag limit for turkey is two (6) Camping and fires will be per­ (2) The open season for hunting gobblers per season. Turkey hunting will mitted only at the designated 'camping pheasants on the refuge extends from area. November 4, 1967, or the close of the be halted when a total of 20 gobblers are regular State , duck hunting season, in killed. No bag limit on raccoons. (7) Participants must arrange their the event that this occurs at a later date, (4) Only bows and arrows may be own transportation to the island and to the close of the regular State pheasant used. Bows must have not less than 40 may not enter the refuge more than season. pounds pull. Firearms, crossbows and three days in advance of each opening The provisions of this special regula­ mechanical bows are prohibited. date. tion supplement the regulations which (5) Dogs are prohibited. (8) Hunters will be restricted to the govern hunting on wildlife refuge areas (6) Camping and fires will be per­ camping area until the morning of the generally, which are set forth in Title 50, mitted only at the designated camping first day of each hunt period. Code of Federal Regulations, Part 32, area. (9) A Federal permit is required. Per­ and are effective through the close of the (7) Participants must arrange their mit applications must be received by the regular State 1967-1968 pheasant season. own transportation to the island, and Refuge Manager, Savannah National may not enter the refuge more than Wildlife Refuge, Route 1, Hardeeville, N ed I. P eabody, three days in advance of each opening S.C. 29927 by the following dates: Refuge Manager, Valentine Na­ date. tional Wildlife Refuge, Valen­ October 20 for the hunt beginning Oc­ tine, Nebr. (8) Hunters will be restricted to the tober 25. camping area until the morning of the November 14 for the hunt beginning August 2, 1967. first day of each hunt period. November 20. [F.R. Doc. 67-9336; Filed, Aug. 9, 1967; (9) A Federal permit is required. Per­ December 21 for the hunt beginning 8:45 a.m.] mit applications must be received by the December 27. Refuge Manager, Savannah National The provisions of this special regula­ PART 32— HUNTING Wildlife Refuge, Route 1, Hardeeville, tion supplement the regulations which S.C. 29927 by the following dates: govern hunting on wildlife refuge areas Valentine National Wildlife Refuge, October 20 for the hunt beginning generally which are set forth in Title 50, Nebr. October 25. Code of Federal Regulations, Part 32, November 14 for the hunt beginning and are effective through December 31, The following special regulation is is­ November 20. 1967. sued and is effective on date of publica­ tion in the F ederal R egister. December 21 for the hunt beginning James R. F ie l d in g , December 27. Acting Regional Director, Bu­ § 32.32 Special regulations; big game; The provisions of this special regula­ reau of Sport Fisheries and for individual wildlife refuge areas. tion supplement the regulations which Wildlife. N ebraska govern hunting on wildlife refuge areas generally which are set forth in Title 50, August 3, 1967. VALENTINE NATIONAL WILDLIFE REFUGE Code of Federal Regulations, Part 32, [F.R. Doc. 67-9335; Filed, Aug. 9, 1967; Public hunting of deer on the Valentine and are effective through December 31, 8:45 a.m.] National Wildlife Refuge, Nebr., is per­ 1967. mitted only on the area designated by signs as open to hunting. This open area, § 32.32 Special regulations; big game; PART 32— HUNTING for individual wildlife refuge areas. comprising 70,085 acres, is delineated on Valentine National Wildlife Refuge, maps available at refuge headquarters, Georgia Nebr. Valentine, Nebr. 69201, and from the of­ fice of the Regional Director, Bureau of BLACKBEARD ISLAND NATIONAL W ILDLIFE The following special regulation is REFUGE Sport Fisheries and Wildlife, 1006 West issued and is effective on date of pub­ Lake Street, Minneapolis, Minn. 55408. Public hunting for deer on Blackbeard lication in the F ederal R egister. Hunting shall be in accordance with Island National Wildlife Refuge, Ga., is § 32.22 Special regulations; * u p lan d all applicable State regulations govern­ permitted only on the area designated game; for individual wildlife refuge ing the hunting of deer with firearms by signs as open to hunting. This open areas. subject to the following special regu­ area, comprising 4,585 acres, is delineated N ebraska lations: . . on a map available at the refuge head­ (1) All hunters must possess a special quarters, Route 1, Hardeeville, S.C. 29927, VALENTINE NATIONAL WILDLIFE REFUGE Refuge Deer Hunting Permit for the same and from the Office of the Regional Di­ The public hunting of prairie grouse hunting unit as designated on their Ne­ rector, Bureau of Sport Fisheries and and pheasants on the Valentine National braska 1967 Deer License. This special Wildlife, 809 Peachtree-Seventh Build­ Refuge, Nebr., is permitted only on the permit is available at no cost at refuge ing, Atlanta, Ga. 30323. Hunting shall be area designated by signs as open to headquarters. in accordance with all applicable State hunting. This open area, comprising (2) The open season for hunting deer regulations covering the hunting of deer 40,765 acres for prairie grouse hunting on the refuge will extend from October subject to the following conditions: and 70,085 acres for pheasant hunting, 28,1967, through November 5,1967. (1) Deer of either sex may be taken is delineated on maps available at refuge The provisions of this special regula­ during the following open periods: Oc­ headquarters, Valentine, Nebr. 69201, tion supplement the regulations whic tober 25 through October 28, 1967; No­ and from the Office of the Regional Di­ govern hunting on wildlife refuge ar vember 20 through November 25, 1967; rector, Bureau of Sport Fisheries and generally, which are set forth ffi and December 27 through December 30, Wildlife, 1006 West Lake Street, Minne­ 50, Code of Federal Regulations, Part m 1967. apolis, Minn. 55408. and are effective through December ¿h (2) Hunting hours will be from day­ Hunting shall be in accordance with 1967. __ light to 9:30 a.m. and from 3:30 p.m. to all applicable State regulations govern­ N ed I. P eabody, sunset daily. ing the hunting of prairie grouse and Refuge Manager, Valentine Na­ (3) The season bag limit is two deer pheasants subject to the following spe­ tional Wildlife Refuge, Valen­ of either sex. cial conditions: tine, Nebr. . (1) The open season for hunting (4) Only bows and arrows may be August 2,1967. prairie grouse on the refuge extends used. Bows must have not less than 40 from September 16, 1967 through the [F.R. Doc. 67-9337; Filed, Aug. 9. I967’ pounds pull and arrows must be broad- 8:45 am.] head, seven-eighths inch or more in closing date of the regular prame

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 RULES AND REGULATIONS 11531 PART 32-—HUNTING State regulations covering the hunting of deer. Title 47— TELECOMMUNICATION William L. Finley National Wildlife The provisions of this special regula­ Refuge, Oreg. tion supplement the regulations which Chapter I— Federal Communications The following special regulation is is­ govern hunting on wildlife refuge areas Commission sued and is effective on date of publica­ generally which are set forth in Title 50, [Docket No. 16574; FCC 67-923] tion in the F ederal R egister. Code of Federal Regulations, Part 32, and are effective through November 26, p a r t 73— RADIO BROADCAST § 32.32 Special regulations; big game; 1967. SERVICES for individual wildlife refuge areas. J ohn W. Ellis, Oregon Refuge Manager, Lacreek Na­ Procedures in Event of Personal At­ tional Wildlife Refuge, Mar­ tack or Where Station Editorializes WILLIAM L. FINLEY, NATIONAL W ILDLIFE tin, S. Dak. 57551. as to Political Candidates REFUGE August 1, 1967. In the matter of amendment of Part The public hunting of deer on the Wil­ [F.R. Doc. 67-9340; Piled, Aug. 9, 1967; 73 of the rules to provide procedures in liam L. Finley National Wildlife Refuge 8:45 a.m.] the event of a personal attack or where is permitted on lands as posted from a station editorializes as to political can­ August 26 through September 17, Sep­ didates, Docket No. 16574. tember 30 through November 5,1967. Ad­ PART 33— SPORT FISHING ditional information may be obtained at Memorandum Opinion and Order. 1. Refuge headquarters approximately 15 Valentine National Wildlife Refuge, On July 5, 1967, the Commission adopted miles south of Corvallis, Oreg., and from Nebr. rules specifying procedures in the event the Regional Director, Bureau of Sport of certain personal attacks and where a Fisheries and Wildlife, 730 Northeast The following special regulation is is­ station editorializes as to political candi­ Pacific, Portland, Oreg. 97208. Hunting sued and is effective on date of publica­ dates. In subsection (b) of those rules, shall be in accordance with all appli­ tion in the F ederal R egister. we exempted certain situations where cable State regulations, subject to the § 33.5 Special regulations; sport fish­ the fairness doctrine generally, rather following special condition: ing; for individual wildlife refuge than the personal attack rule, may be ap­ 1. All hunters will check in and out of areas. plicable. Iir the processing of a recent Nebraska complaint, we have become aware of a the Refuge daily by use of self service further instance where clarification of permits. Valentine national w ildlife refuge The provisions of this special regula­ our rules is appropriate. tion supplement the regulations which Sport fishing on the Valentine Na­ 2. Specifically, the personal attack rule govern hunting on wildlife refuge areas tional Wildlife Refuge, Nebr., is per­ is inapplicable to the bona fide newscast generally, which are set forth in Title 50, mitted only on the areas designated by or on-the-spot coverage of a bona fide Code of Federal Regulations, Part 32, and signs as open to fishing. These open news event. In these situations the gen­ are effective through November 5, 1967. areas, comprising 3,100 acres of water eral fairness doctrine is applicable, and area on the refuge, are delineated on a licensees are required to make reasonable Eugene C. B arney, map available at the refuge headquarters good faith judgments upon the particular Acting Refuge Manager, William and from the Office of the Regional Di­ facts of the case in accordance with that L. Finley National W ildlife, rector, Bureau of Sport Fisheries and doctrine. See section 315(a) of the Com­ Refuge, Benton County, Oreg. Wildlife, 1006 West Lake Street, Minne­ munications Act of 1934, as amended; July 12,1967. apolis, Minn. 55408. Applicability of the Fairness Doctrine In Sport fishing shall be in accordance The Handling Of Controversial Issues (F.R. Doc. 67-9339; Piled, Aug. 9, 1967; with all applicable State regulations sub­ of Public Importance, 29 F.R. 10416. 8:45 a.m.] ject to the following special conditions: Thus, licensees must make good faith, (1) The open season for sport fishing journalistic judgments as to what is PART 32— HUNTING on the refuge will extend from January newsworthy and how it should be pre­ 1, 1968, through December 31, 1968, in sented. If the licensee adjudges an event Lacreek National Wildlife Refuge, those waters posted as open, except that containing a personal attack to be news­ S. Dak. all fishing is prohibited during the reg­ worthy, in practice he usually turns, as ular migratory duck hunting season. part of the news coverage to be presented The following special regulation is is­ (2) Hook and line fishing only is that day or in the very near future, to the sued and is effective on date of publi­ permitted. other side and again makes the same good cation in the Federal R egister. (3) Boats are permitted on lakes faith journalistic judgment as to its pre­ § 32.32 Special regulations; big game; opened to sport fishing, but the use of sentation and what fairness requires in for individual wildlife refuge areas. motors is prohibited. the particular circumstances. That is (4) The use of minnows, fish, or parts normal journalism and fairness in this S outh D akota thereof, for bait, or the possession of any area. To import the concept of notifica­ lacreek national wildlife refuge seine or net for capturing minnows is tion within a week period, with a presen­ prohibited. tation of the person attacked on some Public hunting of deer with firearms The provisions of this special regula­ later newscast when other news might on fee Lacreek National Wildlife Refuge, tion supplement the regulations which normally be broadcast, is impractical ■Dak., is permitted from October 28 govern sport fishing on wildlife refuge and might impede the effective execution tnrough November 5, 1967, and Novem- areas generally which are set forth in of the important news functions of li­ oer 24 through November 26, 1967, but Title 50, Code of Federal Regulations, censees or networks. Such a result is not only on the area designated by signs as Part 32, and are effective through De­ intended under the rules adopted. Pen to hunting. This, open area, com- cember 31, 1968. Finally, the exemption is also being ex­ THtiln^ 31? acres> locally known as the N ed I. P eabody, tended to on-the-spot coverage of a bona ttie White River recreational area, is fide news event, since this category is euneated on a map available at the Refuge Manager, Valentine Na­ tional Wildlife Refuge, Valen­ akin to the newscast area; in this con­ luge headquarters and from the Re­ tine, Nebr. nection, we have also taken into account gional Director, Bureau of Sport Fisher­ the consideration that the number of ies and Wildlife, 1006 West Lake Street, August 2, 1967. personal attacks occurring in on-the-spot Minneapolis, Minn. 55408. Hunting shall [FJR. Doc. 67-9338; Filed, Aug. 9, 1967; coverage of bona fide news events is un­ m accordance with all applicable 8:45 ajn.j likely to be large in number, that the

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11532 RULES AND REGULATIONS notification aspect is relatively less 4. It may be that experience will indi­ section 4(c), Administrative Procedure needed in this area, and that on the cate the need or desirability of other re­ Act. This proceeding is terminated. whole it can be administered readily by visions, clarifications, or waivers of the (Secs. 4, 303, 315, 48 Stat. as amended 1066, applying the fairness doctrine to the rule in particular factual situations. If 1082,1088; 47 U.S.C. 154, 303, 315) specific facts of each case, when and if so, we shall act promptly to make what­ Adopted: August 2,1967. disputes arise. ever changes the public interest in the 3. The exemption resulting from thelarger and more effective use of radio Released: August7,1967. above clarification does not extend, how­ requires. See, e.g., section 4(b), Adminis­ F ederal Communications ever, to editorials or similar commentary, trative Procedure Act. We stress again Commission,2 embodying personal attacks, broadcast the purpose of the rules: To delineate [seal] B en F. Waple, in the course of the newscasts. The fore­ better the licensee’s responsibilities in Secretary. going considerations are inapplicable. this important area and to afford the Rather, since the licensee has chosen to Commission a further needed sanction to In Part 73 of Chapter I of Title 47 of present a personal attack in his editorial, deal with those who flagrantly violate the the Code of F ederal Regulations, he should not be the one to determine underlying policies in situations where §§ 73.123(b), 73.300(b), 73.598(b), and wholly what the public shall or shall not there is no reasonable question as to the 73.679(b) are revised to read identically hear on the other side of a matter affect­ licensee’s responsibility. as set forth in § 73.123 below: ing the integrity, honesty, and like per­ 5. Authority for the rules herein § 73.123 Personal attacks; political edi­ sonal qualities of the person attacked. adopted is contained in sections 4 (i) and to rials. Under elemental fairness, the person (j), 303 (r) and 315 of the Communica­ * * * * * attacked should be afforded a comparable tions Act of 1934, as amended; see also, (b) The provisions of paragraph (a) opportunity to give that side, subject to § 1.108 of the Commission’s rules and of this section shall be inapplicable (1) to reasonable conditions set by the licensee. regulations. attacks on foreign groups or foreign pub­ See, e.g., Letter to Station WALG, FCC lic figures; (2) where personal attacks 65-50 (1965). More important, the per­ 6. Accordingly, it is ordered, That the rule revisions contained below are are made by legally qualified candidates, son attacked is the most appropriate their authorized spokesmen, or those as­ spokesman to inform the public of the adopted, effective August 14, 1967. See sociated with them in the campaign, on other side of the attack issue. As noted, other 'such candidates, their authorized the time and practical considerations, that a documentary, even though fairly pre­ spokesmen, or persons associated with discussed with respect to the news itself sented, may necessarily embody a point of the candidates in the campaign; and in par. 2, are not usually applicable to an view. We believe, therefore, that the person (3) to bona fide newscasts or on-the- editorial, and even if applicable in an attacked can readily, and should be, afforded spot coverage of a bona fide news event attenuated form, are outweighed by the the reasonable opportunity to present his side, as the most appropriate spokesman to (but the provisions shall be applicable to foregoing factors. Finally, the argument any editorial or similar commentary in­ that this might impede the presentation inform the public on a matter affecting his integrity, etc. cluded in such newscasts or on-the-spot of editorials containing personal attacks Similarly, the news interviews show, which coverage of news events). is simply an assertion by the licensee that is skin to many other talk programs, is not he wishes to broadcast such an editorial, Note: The fairness doctrine is applicable exempted. The licensee has chosen to provide to situations coming within (3), above, and, but only if he does not have to present one person with an “electronic platform” for in a specific factual situation, may be ap­ the other side of the attack issue or if an attack, and elemental fairness and the plicable in the general area of political he can wholly control what the public duty to inform the public in the most appro­ broadcasts (2), above. See, section 315(a) of may hear concerning this other side, priate manner, dictate that he should afford the Act, 47 U.S.C. 315(a) ; Public Notice: Ap­ the person attacked a comparable oppor­ plicability of the Fairness Doctrine in the rather than permitting the person so tunity. Again, the considerations set forth in Handling of Controversial Issues of Public vitally affected by his editorial and with par. 2 are inapplicable. Finally, we note that theré are already Importance. 29 Fed. Reg. 10415. the most knowledge of the issue a reason­ certain exemptions where the attacks are ***** able opportunity to reach his listeners.1 made by legally qualified candidates, their [F.R. Doc. 67-9400; Filed, Aug. 9, 1967; authorized spokesmen, or those associated 8:50 a.m.] 1 For similar reasons, we have exempted with them in the campaign, on other such news documentaries. We note that the latter candidates, their authorized spokesmen, or 3 Commissioners Bartley, Loevinger, and ordinarily do not involve the time and prac­ persons associated with the candidates in Wadsworth absent; Commissioner Cox con­ tical considerations discussed in par. 2, and the campaign. curring in the result.

FEDERAL REGISTER, VOL. 32, NO. T54— THURSDAY, AUGUST 10, 1967 11533 Proposed Rule Making

allowance or reimbursement for travel­ ception, for example, if an employer has DEPARTMENT OF THE TREASURY ing or other bona fide ordinary and nec­ established a plan providing for the pay­ Internal Revenue Service essary expenses, including an allowance ment of supplemental unemployment for meals and lodging or a per diem al­ compensation benefits for his hourly [ 26 CFR Part 1 ] lowance in lieu of subsistence; wage employees and such plan satisfies (o) A payment of a type determined the requirements of section 501(c) (17) INCOME TAX by the Commissioner to be paid as an (A) (even though the plan forms part Reporting of Interest on Deposits Evi- award to an informer or other payment of a voluntary employees’ beneficiary of a similar character made by the United association described in sec. 501(c) (9)), denced by Negotiable Time Certifi­ States, a State, Territory, or political the salaried employees of such employer cates of Deposits subdivision thereof, or the District of may establish a plan for themselves, and, Notice is hereby given that the regula­ Columbia, or any agency or instrumen­ if such plan provides for the same bene­ tions set forth in tentative form below tality of any one or more of the fore­ fits as the plan covering hourly wage are proposed to be prescribed by the going; and employees, both plans may be considered Commissioner of Internal Revenue, with (p) On and after (30 days from the as one plan in determining whether the the approval of the Secretary of the date of publication in the F ederal R eg­ plan covering the salaried employees Treasury or his delegate. Prior to the final ister of the final Treasury Decision), satisfies the requirement that it be non- adoption of such regulations, considera­ payments by a person carrying on the discriminatory as to coverage.” tion will be given to any comments or banking business of interest on a deposit 2. In § 1.503 (c)-l, a row of five as­ suggestions pertaining thereto which are evidenced by a negotiable time certificate terisks should appear between the intro­ submitted in writing, in duplicate, to the of deposit (but for reporting require­ ductory text of paragraph (c) and Commissioner of Internal Revenue, At­ ments as to payments made after Dec. 31, Example (5). tention: CC: LR: T, Washington, D.C. 1962, of interest on certain deposits, see 20224, within the period of 30 days from sec. 6049 and the regulations there­ the date of publication of this notice in under in this part). the Federal R egister. Any written com­ Par. 2. Paragraph (a) (2) of § 1.6049-2 DEPARTMENT OF AGRICULTURE ments or suggestions submitted after is amended to read as follows: Agricultural Stabilization and August 1, 1967, not specifically desig­ Conservation Service nated as confidential in accordance with § 1.6049—2 Interest subject to reporting, .26 CFR 601.601(b) may be inspected by (a) In general. * * * I 7 CFR Part 777 1 any person upon written request. Any (2) (i) Before (30 days from the date PROCESSOR WHEAT MARKETING person submitting written comments or of publication in the F ederal R egister suggestions who desires an opportunity of the final Treasury Decision), interest CERTIFICATE REGULATIONS to comment orally at a public hearing on deposits (except deposits evidenced Notice of Proposed Rule Making on these proposed regulations should by negotiable time certificates of depos­ submit his request, in writing, to the its) paid (or credited) by persons carry­ Notice is hereby given pursuant to sec­ Commissioner within the 30-day period, ing on the banking business. tion 4a, Administrative Procedure Act (60 hi such case, a public hearing will be (ii) On and after (30 days from the Stat. 238, 5 U.S.C. 553), that the Agricul­ held, and notice of the time, place, and date of publication in the F ederal R eg­ tural Stabilization and Conservation date will be published in a subsequent ister of the final Treasury Decision), in­ Service proposes to issue Amendment 5 to issue of the Federal R egister. The pro­ terest on deposits (except a deposit the Republication of the Processor Wheat posed regulations are to be issued under evidenced by a negotiable time certifi­ Marketing Certificate Regulations (31 the authority contained in section 7805 cate of deposit issued in bearer form) F.R. 13502). of the Internal Revenue Code of 1954 paid (or credited) by persons carrying Consideration will be given to all writ­ (68A Stat. 917; 26 U.S.C. 7805). on the banking business. For purposes ten comments or suggestions in connec­ [seal] William H. Smith, of this subdivision, a negotiable time tion with the proposed amendment filed, Acting Commissioner certificate of deposit shall not be con­ in duplicate, with the Director, Procure­ of Internal Revenue. sidered as issued in bearer form if it has ment and Sales Division, Agricultural been indorsed by the purchaser as pay­ Stabilization and Conservation Service, In order to change the requirements able to his order, and has not been in­ U.S. Department of Agriculture, Wash­ for information reporting with respect dorsed by any other person (other than ington, D.C. 20250, during the 15-day pe­ to interest on deposits evidenced by cer­ a banking institution). riod beginning with the date this notice tain types of negotiable time certificates ***** is published in the F ederal R egister. All deposits, the Income Tax Regulations [F.R. Doc. 67-9377; Filed, Aug. 9, 1967; written submissions made pursuant to '¿6 CFR Part 1) under sections 6041 8:49 a.m.] this notice will be made available for and 6049 of the Internal Revenue Code public inspection in the Office of the Di­ of 1954, are amended, effective for cal­ rector at the above address during regu­ endar years after 1966, as follows: C 26 CFR Part 1 ] lar business hours (7 CFR 1.27(b) ). Paragraph 1. S ection 1.6041-3 is The prosposed amendment is issued mended by revising paragraph (n), by SUPPLEMENTAL UNEMPLOYMENT pursuant to the Agricultural Adjustment evising paragraph (o), and by adding a BENEFIT TRUSTS Act of 1938, as amended (see sec. 379a to paragraph (p). These amended and 379j, 52 Stat. 31, as amended, 7 U.S.C. aaaed provisions read as follows: Notice of Proposed Rule Making 1379a to 1379j) to provide miscellaneous § 1.6041 3 Payments for which no re­ Correction changes in the Republication of the turn of information is required Processor Wheat Marketing Certificate under section 6041. In F.R. Doc. 67-8969, appearing at Regulations to require processors to make page 11217 of the issue for Wednesday, remittances for purchase of marketing August 2, 1967, the following corrections certificates to a Federal Reserve Bank or JV Amounts paid to persons in the are made: Branch Bank, if the Commodity Office no an International organization, 1. In § 1.501 (c) (17)-2(c) (4), the fifthhas not requested that the remittance be as defined in section 7701(a) (18), as an sentence should read: “Under this ex­ made directly to that office. This change

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11534 PROPOSED RULE MAKING is being made to expedite the deposit of §3 777.13 and 777.14 and detailed in­ 8. Appendix II is amended by changing Government funds. structions are provided in Appendices II the first sentence to read as follows: The proposed amendment would read and III. Processing reports which are Food processors reporting on the weight of as follows: accompanied by remittances for pur­ wheat basis shaU submit an original and chase of certificates shall be submitted one copy of Processing Report-Weight of 1. Section 777.3 (y) is added to read as Wheat Basis, Form CCC-160, as set forth in follows: to the FRB unless the Commodity Office has requested that the remittance be § 777.12(a).-* * * § 777.3 Definitions. made directly to that office. Processing 9. Appendix i n is amended by chang­ * * * * * reports not accompanied by remittances ing the first sentence to read as follows: (y) “Federal Reserve Bank” or “FRB” shall be submitted to the Commodity Office. Addresses of FRB’s are listed in Food processors reporting on a food prod­ means the Federal Reserve Bank or uct conversion factor basis shall submit an Branch which serves the area in which Appendix VI. original and one copy of the Processing Re­ the processor’s remitting office is located 5. Section 777.12(c) is amended by port-Conversion Factor Basis, Form CCC- or such other Federal Reserve Bank or striking out the second sentence, and by 159, as set forth in § 777.12(a). * * * Branch as is designated by the Kansas adding at the end thereof the following: 10. Appendix VI is added as follows: City Cohimodity Office. (See listing of “If the due date of a report falls on a banks in App. VI.) Saturday, Sunday, holiday, or other non­ Appendix VI—List op F ederal R eserve Banks § 777.10 [Amended] work day of the FRB or Commodity and Branches 2. Section 777.10(b) is amended to Office, and the report is received on the Federal Reserve Bank Address next succeeding workday, it shall be Boston______30 Pearl Street, Boston, read as follows: deemed to have been submitted on the Mass. 02106. (b) Sale by CCC. CCC will sell certifi­ New York______33 Liberty Street, New cates to food processors and others who due date.” York, N.Y. 10045. offer to purchase certificates from CCC 6. Section 777.12(g) is amended to Buffalo Branch— 160 Delaware Avenue, and who pay to CCC the face value of read as follows: Buffalo, N.Y. 14240. the certificates plus such interest as may If it is found that an incorrect proc­ Philadelphia______925 Chestnut Street, be required by the regulations of this essing report has been submitted, the Philadelphiaj'Pa. food processor shall promptly prepare 19101. part. Offers to purchase certificates for Cleveland______1455 East Sixth Street, wheat processed in a specific processing and. submit a corrected processing report Post Office Box 6387, report period may be made by submission with the applicable beginning and ending Cleveland, Ohio of a processing report as provided in dates for the period involvedT indicated 44101. § 777.12, with a remittance payable to thereon. A consolidated corrected report Cincinnati 105 West Fourth Street, Commodity Credit Corporation for the may, with the approval of the Director, Branch. Post Office Box 999, cost of the certificates, or by submission be submitted to cover more than one Cincinnati, Ohio of the remittance with advice that it is processing report period. Such report 45201. shall be identified as a “Corrected Re­ Pittsburgh 717 Grant Street, Post for purchase of wheat marketing certifi­ Branch. Office Box 867, Pitts­ cates and identification of the processor port” and transmitted with a letter of burgh, Pa. 15230. number of the plant and the processing explanation. If the processor is entitled Richmond______100 North Ninth Street, period. Offers to purchase certificates not to a certificate refund, he shall submit Richmond, Va. 23213. applicable to a specific processing period the corrected report to the Kansas City Baltimore 114—120 East Lexington shall be made by submission of a remit­ Commodity Office and indicate whether Branch. Street, Baltimore, Md. tance with advice that it is for purchase the amount of the refund should be paid 21203. to him or held for application to a sub­ Charlotte 401 South Try on Street, of CCC-145, Wheat Marketing Certifi­ Branch. Charlotte, N.C. 28201. cates, and the name and address of the sequent report. If the processor is re­ Atlanta______104 Marietta Street payee to be shown on the certificates. quired to purchase additional cer­ NW., Atlanta, Ga. All offers to purchase certificates and re­ tificates, he shall submit the corrected 30303. lated remittances shall be made to the report together with his remittance for Birmingham 1801 Fifth Avenue FRB unless the Commodity Office has such certificates to the FRB, unless the Branch. North, Post Office Box requested that the remittances be sent Commodity Office requests that it be sub­ 2574, Birmingham, to that office. Payment for certificates mitted directly to that office. If such cer­ Ala. 35202. tificates are surrendered to CCC later Jacksonville 515 Julia Street, Post shall be deemed to have been made when p mnp.11 Office Box 929, Jack­ payment is received at the FRB or the than the 15th calendar day after the close sonville, Fla. 32201. Commodity Office, except that if the due of the processing report period in which Nashville 301 Eighth Avenue date for payment without interest falls the wheat was processed into the food Branch. North, Nashville, on a Saturday, Sunday, holiday, or other products, the cost of any certificates ac­ Tenn. 37203. non-work day of the FRB or Commodity quired from CCC shall be the face value New Orleans 147 Carondelet Street, Office, and payment is received on the thereof pius interest at the rate of six Branch. Post Office Box 61630, next succeeding work day, it shall be percent per annum starting on the 16th Ney Orleans, La. calendar day after the close of the proc­ 70160. deemed to have been received on the due Chicago______230 South La Salle date. Form CCC-145 Will be issued for essing report period until the date of Street, Post Office Box certificates sold by CCC, except that surrender of the certificates. Any food 834, Chicago, HI. when certificates are purchased for processor, who has made an incorrect 60690. wheat processed in a specific processing processing report, corrected such report Detroit Branch— 160 Fort Street West, report period, CCC will establish a credit as provided in this section, and sur­ Post Office Box 1059, in favor of the food processor for the rendered any additional certificates due Detroit, Mich. 48231. with the corrected report, will not be sub­ St. Louis______411 Locust Street, Post amount of the certificates purchased in Office Box 442, bt. lieu of issuing Form CCC-145. ject to the forfeitures referred to in § 777.8 to the extent that the Adminis­ Louis, Mo. 63166. 3. Section 777.10(d) is amended by Little Rock 121 West Third Street, trator determines that the error in the Branch. Post Office Box 1261, striking out the third sentence. report was due to an honest mistake and Little Rock, Ark. was not intentional or the result of gross 72203. § 777.12 [Amended] negligence. Louisville 410 South Fifth Street, Branch. Post Office Box 899, 4. Section 777.12(a) is amended to § 777.15 [Amended] Louisville, Ky. 4020 . read as follows: 7. Section 777.15 is amended by chang­ Memphis , 170 Jefferson Street, (a) General. Processing reports shall Branch. Post Office Box > be submitted by each food processor as ing (b) of the first sentence to read as follows: “(b) to support all reports re­ Memphis» Tenn. defined in § 777.3(f). Descriptions of the 38101. processing reports are set forth in quired by the regulations in this part”«

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11535 Appendix VI—Continued U.S.C. 601-674), as the agency to ad­ 1. Under Issue 2 Basis for an expanded Federal Reserve Bank Address minister the terms and provisions marketing area, two new paragraphs are Minneapolis------73 South Fifth Street, thereof : added after the 19th paragraph. Minneapolis, M inn., ( 1 ) That the expenses that are reason­ 2. Under Issue 3 Milk to be priced and 55440. able and likely to be incurred by the Helena Branch. 400 North Park Avenue, pooled, the third and fourth sentences Helena, Mont. 59601. Administrative Committee during the pe­ in the seventh paragraph are revised. Kansas City____ _ 925 Grand Avenue, riod-March 1,1967, through February 29, 3. Under Issue 3 Milk -to be priced and Kansas City, Mo. 1968, will amount to $500. pooled, paragraphs 12-15 are revised by 64106. (2) That there be fixed, at $0.05 per substituting five paragraphs. Denver Branch_ 1111 17th Street, Den­ bushel basket, or equivalent quantity of 4. A new paragraph is added at the ver, Colo. 80217. peaches in other containers or in bulk, end of Issue 3 Milk to be priced and Oklahoma City 226 Northwest Third the rate of assessment payable by each pooled. Branch. Street, Oklahoma handler in accordance with § 919.41 of City, Okla. 73101. 5. Under Issue 4(a) Classification, of the aforesaid marketing agreement and milk, the 15th paragraph is revised by Omaha Branch_ 102 South 17Jh Street, order. Omaha, Nebr. 68102. substituting two paragraphs. Dallas______400 South Akard Street- All persons who desire to submit writ­ 6. Under Issue 4(b) Allocation, a new Station K, Dallas, ten data, views, or arguments in connec­ paragraph is added after the third Tex.75222. tion with the aforesaid proposals should paragraph. El Paso Branch_ 301 East Main Street, 7. Under Issue 5 Class Prices and Lo­ Post Office Box 100, file the same, in quadruplicate, with the El Paso, Tex. 79999. Hearing Clerk, United States Department cation Differentials, paragraph 44 is re­ Houston 1701 San Jacinto Street, of Agriculture, Room 112, Administration vised by substituting two paragraphs. Branch. Post Office Box 2578, Building, Washington, D.C. 20250, not 8. A new paragraph as Issue 6(c) is Houston, Tex. 77001. later than the 10th day after publication added at the end of Issue 6(b) Adminis­ San Antonio 210 West Nueva Street, of this notice in the F ederal R egister. trative provisions. Branch. Post Office Box 1471, All written submissions made pursuant The material issues on the record of San Antonio, Tex. to this notice will be made available for the hearing relate to: 78206. public inspection at the office of the 1. Equivalent prices; San Francisco____ 400 Sansome Street, San Francisco, Calif. Hearing Clerk during regular business 2. Expanding the marketing area; 94120. hours (7 CFR 1.27(b) ). 3. Milk to be priced and pooled; Los Angeles 409 West Olympic Bou­ Dated: August 7, 1967. 4. Classification and allocation; Branch. levard, Post Office 5. Class prices and location differen­ Box 2077, Los Angeles, P aul A. N icholson, tials; and Calif. 90054. Deputy Director, Fruit and 6. Revising and reissuing the entire Portland 915 Southwest Stark Vegetable Division, Consumer order (to apply to the “Miami Valley, Branch. Street, Post Office Box and Marketing Service. Ohio marketing area”) and incorporat­ 3456, Portland, Oreg. 97208. [F.R. Doc. 67-9397; Filed, Aug. 9, 1967; ing a number of other clarifying and Salt Lake City 120 South State Street, 8:50 a.m.] conforming changes in the administra­ Branch. Post Office Box 780, tive provisions of the order. Salt Lake City, Utah Separate consideration was given in an 84110. 17 CFR Part 1034] earlier decision issued on February 15 Seattle Brandi_ 1015 Second Avenue, [Docket No. AO 175-A25] 1967 (32 F.R. 3064) to Issue No. 1 Post Office Box 3567, “Equivalent Prices” and an “equivalent Seattle, Wash. 98124. MILK IN DAYTON-SPRINGFIELD, prices” provision was made effective in Effective date. It is proposed that this OHIO, MARKETING AREA the Dayton-Springfield order on Feb­ amendment be effective with respect to ruary 28, 1967, and is included also in remittances made beginning on Septem­ Decision on Proposed Amendments " the order which is part of this decision. ber!, 1967. to Tentative Marketing Agree­ Findings and conclusions. The follow­ ment and to Order Signed at Washington, D.C., on Au­ ing findings and conclusions on the ma­ gust 4,1967. Milk in the Dayton-Springfield, Ohio, terial issues are based on evidence pre­ sented at the hearing and the record H. D. Godfrey, marketing area (to be newly designated as Miami Valley, Ohio marketing area). thereof: Administrator, Agricultural Sta­ 2. Basis for an expanded marketing bilization and Conservation Pursuant to the provisions of the Agri­ Service. area. The order for the current Dayton- cultural Marketing Agreement Act of Springfield, Ohio, market should be ex­ IFJt. Doc. 67-9370; Filed, Aug. 9, 1967; 1937, as amended (7 U.S.C. 601 et seq.), panded to include all territory geo­ 8:48 am,] and the applicable rules of practice and graphically within the seven-county area procedure governing the formulation of of Champaign, Clark, Clinton (except the marketing agreements and marketing townships of Clark, Green, Jefferson, and Consumer and Marketing Service orders (7 CFR Part 900), a public hear­ ing was held at Dayton, Ohio, on Janu­ Washington), Greene, Miami, Mont­ gomery, and Preble, Ohio. The expanded I 7 CFR Part 919 ] ary 10-12, 1967, pursuant to notice thereof issued on December 14, 1966 (31 marketing area would be renamed as PEACHES GROWN IN MESA F.R. 16204). the “Miami Valley, Ohio, marketing area”. The enlarged marketing area COUNTY, COLO. Upon the basis of the evidence intro­ duced at the hearing and the record should include all reservations, installa­ Expenses and Rate of Assessment fo tions, institutions, or other similar es­ thereof, the Deputy Administrator, Reg­ tablishments therein which are occupied 1967—68 Fiscal Year ulatory Programs on June 8, 1967 (32 F.R. 8591; F.R. Doc. 67-6621) filed with by municipal, State, or Federal authori­ inw.nsideration being given to the fol the Hearing Clerk, U.S. Department of ties. Marketing conditions throughout- - Î ? f Proposals submitted by the Ad Agriculture, his recommended decision such expanded marketing area are such ministrative Committee, established un containing notice of the opportunity to that the purposes of the Act will be marketing agreement, a served by their inclusion under the file written exceptions thereto. regulation. and Order No. 919, as amende. The material issues, findings, and con­ dlin?2 Part 919>» regulating the han The handling of milk in the proposed clusions, rulings, and general findings of Miami Valley, Ohio, marketing area is OoirT ^ P ^ cb es grown in Mesa Counta the recommended decision (32 F.R. 8591; visinrU^i^il6 under ibe applicable pro in the current of interstate commerce F.R. Doc. 67-6621) are hereby approved and directly burdens, obstructs, or af­ Aîrrpïl Agricultural Marketim and adopted and set forth in full herein ement Act of 1937, as amended (' fects interstate commerce in milk and subject to the following modifications: its products.

No. 154----- 4 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11536 PROPOSED RULE MAKING There is substantial competition for discussed below. The principal measures regulated under the Tri-State order were route sales of fluid milk products be­ to be employed for this purpose are: opposed to certain of the proposals for tween persons to be regulated by the (1) The determination of minimum expansion. A handler located at Yellow ; proposed Miami Valley order and han­ prices to producers delivering to han­ Springs, Ohio (Greene County), re­ dlers under other orders. Distribution is dlers at levels contemplated under the quested exemption from regulation for made in the proposed marketing area by Agricultural Marketing Agreement Act raw milk bottled on his farm in the event handlers regulated under the North­ of 1937, as amended; of expansion of the regulation so as to western Ohio, Greater Cincinnati, Indi­ (2) The establishment of uniform cover his operation. anapolis, Northeastern Ohio, and Colum­ pricing to all handlers for milk received The two distributors at Sidney and bus orders. These marketing areas in­ from producers according to a classified Minster testified in opposition to expan­ clude territories in the States of Michi­ pricing plan based upon the utilization sion of the marketing area in any gan, Indiana, Kentucky, and Ohio. Milk made of the milk; manner which would regulate their op­ used for fluid milk and milk products (3) An impartial audit of handlers’ erations. They stated their belief that under each of the latter orders is in the records of receipts and utilization to in­ they would be unable to continue in busi­ current of, or burdens or affects inter­ sure uniform prices for milk purchased; ness if required to pay class prices and state commerce in milk or its products. (4) Assurance of accurate weights and make the necessary reports to the mar­ One handler presently regulated under tests of the milk of all producers; ket administrator. They asserted that the Dayton-Springfield order distributes (5) Provision for payment of uniform stable marketing conditions presently packaged sterilized cream products in the prices to producers supplying the market prevail in their area that supplies are proposed area which are purchased from based upon an equitable sharing by all adequate, and that their dairy farmers a firm in California. Moreover, fluid milk producers of both the higher returns are satisfied with present pricing policy. products distributed by persons not under from Class I milk and the lower returns In his brief, a Bellefontaine distributor regulation at present are in direct com­ from the sale of reserve milk; and proposed exclusion of Logan, Mercer, and petition in the fluid trade within the pro­ (6) Publication of information on milk Miami Counties from the marketing receipts and sales and other data relat­ area. He supported the position taken by posed marketing area with milk bottled the other two distributors and contended and distributed by handlers from the ing to milk marketing in the area. The present Dayton-Springfield, Ohio, that their supplies of milk could be Dayton-Springfield market and the jeopardized if the area were so expanded. above markets. marketing area consists of the cities of Dayton, Oakwood, and Springfield and Certain dairy farmers at these plants Dayton-Springfield handlers receive 11 specified townships in Clark, Greene, supported the position of their dis­ their producer supplies of milk from and Montgomery Counties, Ohio. tributors. farms located in Indiana and Ohio which The major cooperative association in The seven-county area of Champaign, milk is commingled in most plants serv­ the market proposed extending the mar­ Clark, Clinton (except the townships of ing the proposed area. Substantial keting area to include the 11 counties Clark, Green, Jefferson, and Washing­ amounts of producer milk in excess of of Auglaize, Champaign, Clark, Darke, ton) , Greene, Miami, Montgomery, and regulated handlers’ fluid milk require­ Greene, Logan, Mercer, Miami, Mont­ Preble, Ohio, which is herein proposed as ments also are regularly moved to the gomery, Preble, and Shelby, Ohio. Pour the Miami Valley marketing area, repre­ principal cooperative’s plant in Dayton of the presently regulated handlers sup­ sents the principal sales area of the for manufacture into nonfat dry milk ported the producers' proposal and pro­ handlers now regulated by the Dayton- which is disposed of in a market of na­ posed also the inclusion of the counties Springfield order. They distribute, in the tional scope. of Clinton, Highland, and Ross, Ohio. aggregate, over 77 percent of the milk A primary purpose of a Federal order Proponent cooperative stated that its sold for fluid consumption in this area. is to assure orderly marketing conditions proposal to expand the marketing area The marketing area should be defined for milk producers. Pursuant to statu­ is designed to include practically the mainly on the basis of county rather than tory authority this is accomplished by entire sales area of presently regulated city or township lines because much of establishing minimum uniform prices to Dayton-Springfield handlers. They the population is outside the several be paid by handlers according to the use pointed out that such handlers’ distribu­ sizable cities located within such seven- made of milk received, and a uniform tion routes now extend into all of the county area. The 1966 population for the basis for distributing returns to the pro­ proposed counties and are not limited area adopted was about 1.1 million as ducers for their milk. to the cities and townships in the pres­ compared to a population of about Not all milk distributed in the proposed ent Dayton-Springfield marketing area. 600,000 for the present Dayton-Spring­ expanded area is under a classified price Since the establishment of the present field marketing area. The sanitary re­ plan which insures uniformity of pric­ marketing area in 1945, a substantial quirements of the State of Ohio, which ing for persons similarly situated. In the population growth has occurred in cer­ are patterned after the U.S. Public case of unregulated milk, prices to pro­ tain of these outlying areas and han­ Health Ordinance and Code, now apply to ducers presently reflect the particular dlers’ routes have followed this growth. milk for human consumption throughout bargaining situation of individual pro­ The association proposed inclusion of both the present and the expanded mar­ ducers, or groups of producers, and, the the 11 counties for- the further purpose keting areas. persons to whom they sell. Generally, the of assuring regulation under the Miami The proposed area, which extends out unregulated distributors distributing Valley order of the bulk of its members’ from Dayton and Springfield, is located m ilk therein pay their dairy farmers a m ilk and in the interest of uniform pric­ in between the marketing areas of the price equivalent to, or slightly higher ing among producers throughout the Columbus, Ohio, order on the east, the than, the Dayton-Springfield blend price. area. The association stated that in pur­ Greater Cincinnati order on the south, These prices are not closely related to suit of these objectives its bottling plant and the Indianapolis order on the west. the use made of the milk since practi­ located within the proposed marketing Handlers from all these markets dis­ cally all the milk of the unregulated dis­ area at Greenville in Darke County (ap­ tribute fluid milk products in the pro­ tributors is in Class I. Other handlers in proximately 37 miles from Dayton), posed Miami Valley marketing area but the market, however, must pay minimum should be regulated under the Miami not to the same extent as present Class I prices as determined under the Valley order rather than under the In­ Dayton-Springfield handlers or the un- Dayton-Springfield or some other Fed­ dianapolis order as at present in order raornlotaH Hicfrihntnra m ith ClaSS I Sales eral order. that producers at that plant may receive in the area. The order included herein for the ex­ a m in im u m uniform price comparable to Montgomery, Greene, and Clark Coun­ panded marketing area will tend to ef­ that in the Dayton-Springfield milkshed ties, which include all the territory within fectuate the declared policy of' the Act where supplies for such plant are the present marketing area, are serv by assisting in the establishment and produced. primarily by Dayton-Springfield reg - maintenance of orderly marketing con­ Unregulated distributors with plants lated handlers. They distribute about w ditions, and thus provide the basis for at Bellefontaine, Minster, Sidney, Hills­ percent of the bottled milk for t insuring an adequate and dependable boro, and Chillicothe, a cooperative as­ counties. Except for minor sales maae supply of milk for consumers, as further sociation at Cincinnati, and a handler one unregulated distributor, consisting

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11537 his own production and packaged fluid ships of Clark, Green, Jefferson, and 1. The substantial quantities of milk milk products purchased from a regu­ Washington. they distribute in other unregulated lated plant, the remaining sales are made Dayton-Springfield h an d lers sup­ areas (Adams and Brown Counties) are by handlers regulated under other Fed­ ported addition of the three counties on in competition with milk of an unregu­ eral orders, including the Indianapolis the basis that they regularly distribute lated distributor there and with milk of regulated distributing plant of the Miami Class I milk in such counties. It was their other order handlers. Valley Cooperative Milk Producers at general position that full regulation of 2. They are not a part of the Dayton- Greenville, Ohio. local distributors in such counties, who Springfield “market system” since, un­ Class I sales in Champaign, Miami, are currently “partially regulated” under like most Dayton-Springfield handlers, and Preble Counties also are made the Greater Cincinnati order, would re­ they do not, and are not situated so as to mainly by handlers under the Dayton- sult in more uniform and stable selling rely on the Dayton cooperative to take Springfield order. These counties repre­ prices of bottled milk by all persons dis­ unneeded reserve supplies of milk or to sent an area of urban expansion from the tributing milk in such counties. The prin­ furnish them with supplemental supplies. more heavily populated counties of cipal cooperative supported this pro­ 3. Very few dairy farmers in the sup­ Montgomery, Greene and Clark. In fact, posal. ply area for these distributors ship to over 90 percent of the total population Four Dayton-Springfield regulated Dayton-Springfield handlers but rather for the entire area to be regulated is con­ handlers distribute 57 percent of the are identified with the Columbus, Tri- centrated in the four counties of Clark, total fluid milk sales in Clinton County. State, and Cincinnati markets. Greene, Miami, and Montgomery which One such handler has a distributing 4. Highland and Ross Counties are include Dayton and Springfield and their plant at Dayton and a distribution point rural with low population density, and environs. The Class I distribution of Day­ and cottage cheese manufacturing plant are at some distance from the main cen­ ton-Springfield handlers represent in at Washington Court House. About 30 ters of the proposed Miami Valley mar­ total over one-half of the Class I con­ percent of the sales for the entire county ket. sumption in these counties. As to the are made by Cincinnati regulated han­ individual counties, such handlers dis­ dlers. 5. Class I sales by Dayton-Spring­ tribute about 66 percent of the total fluid When the four townships of Clark, field handlers represent far less than a milk sold in Champaign County, 47 per­ Green, Jefferson, and Washington, in the majority of the sales made in these coun­ cent in Miami County, and 44 percent in southeastern portion of Clinton County, ties. Ift was contended that surveys of Preble County. While Dayton-Springfield are excluded, the majority of sales in the Dayton-Springfield handler sales in the handlers are, for the most part, the domi­ balance of the county is made by the two counties introduced into the record nant sellers in the three counties, ad­ Dayton-Springfield handlers and the re­ by proponent handlers tend to overstate ditional Class I sales are made in each of mainder by Cincinnati regulated han­ such sales because the data used to in­ these counties by other regulated dlers. The inclusion of the area in Clinton dicate total consumption in this rural handlers from at least one of the Greater County outside the four townships will area reflected consumption studies in Cincinnati, Indianapolis, Northeastern contribute to orderly marketing condi­ urban areas of characteristically higher Ohio, Northwestern Ohio, and Columbus, tions by assuring classified pricing as to per capita consumption than rural coun­ Ohio, markets. all milk which may be distributed in this ties One presently unregulated distributor area primarily served by Dayton-Spring­ 6. These counties should remain as a filed an exception to the inclusion of field handlers. buffer zone between the Columbus, Tri- Miami County in the marketing area, ap­ The seven counties (excluding the Statc, Greater Cincinnati, and Dayton- parently because of the possibility that southern four townships of C linton Springfield markets. the fluid milk sales of his company in County) discussed above when taken to­ A representative of a cooperative asso­ such county would bring it under regu­ gether form a contiguous area in which ciation in the Greater Cincinnati mar­ lation. One Dayton-Springfield regulated handlers who would be regulated by the ket also opposed the addition of Clinton handler and another presently unregu­ order handle about 80 percent of the and Highland Counties and a regulated lated distributor took exception to the total Class I sales. Most of the remaining handler under the Tri-State order op­ exclusion of Auglaize, Darke, Logan, sales are made from plants regulated by posed the addition of Ross County. From Mercert and Shelby Counties. The latter other Federal orders. Expansion of the a survey of distributor brands of fluid distributor, although making an appear­ marketing area to include the seven milk products in stores in selected cities ance at the hearing, did not testify con­ counties is necessary to assure Dayton- and towns in Clinton and Highland cerning his areas of distribution. Springfield handlers that as to their pri­ Counties, the Cincinnati representative Miami County is suburban to the mary areas of distribution, presently estimated that about 63 percent of the major city of Dayton and, as stated unregulated competitors will not be af­ sales in the two counties were made by aoove, is an area in which there is a forded significant price advantage in the Cincinnati regulated handlers, 16 per­ rapid growth of population. Dayton- purchase of milk for fluid sale. Orderly cent by Dayton-Springfield regulated kpnngfleld handlers are the dominant marketing will be promoted through handlers, and 16 percent by unregulated sellers in this county. A uniform price application of classified pricing. distributors. It was his conclusion that pian on all milk sold in such county will It is therefore concluded that the ex­ with Cincinnati handlers representing promote orderly marketing. As to the panded area should include Champaign, such a large percentage of sales in these Clark, Clinton (excluding the previously counties, orderly marketing would not be nn^ -.C0U^ties referred to above the quantity Of unregulated milk remaining named townships) Greene, Miami, Mont­ best served by their inclusion in the gomery, and Preble Counties. ]^deed sma11- It may not be con- Miami Valley marketing area. uaed from the evidence that there will Two local distributors, located at Hills­ The Tri-State handler proposed that l 7 J ? rice disadvantage for regu- boro (Highland County) and Chillicothe if Highland and Ross Counties were handlers selling in such counties. (Ross County) presented opposition tes­ added to the proposed Miami Valley mar­ timony on Clinton, Highland, and Ross ket, consideration should be given to hanlmf 1 sales of Dayton-Springfield Counties. As to Clinton County they par­ withdrawing Scioto and Pike Counties epthTerS and other order handler to- ticularly opposed inclusion of the four from the Tri-State marketing area and totíi n1repr^sent more than 72 Percent of above-named townships. They requested including such counties together with and S aSS 1 sales in Champaign County, that if such areas were to be included, Adams County in the Miami Valley mar­ cS L T PeTrcent in Miami County. All the hearing be reopened to consider also keting area because of the close relation­ Davtmi ! ales 5 Preble County are by (jjgj.g n"sPrmgfield or Indianapolis han- the addition of Adams and Brown Coun­ ship between Highland and Ross Coun­ ties which are an important part of then- ties and such other areas. sales areas. There were no proposals for Proponent handlers for expanding h!“ Proposal would add Clinton, the addition of the latter counties before and 11088 Counties to the mar- the area to Include Highland and Ross this hearing, however. Counties claimed to distribute in total adon¿daref- ? lis Proposal should be The Hillsboro and Chillicothe distribu­ about 34 and 41 percent, respectively, of c S í f only f lth respect to the area in tors opposed inclusion of Highland and nton County exclusive of the town- the Class I sales in such counties. The Ross Counties on the following grounds: Hillsboro distributor estimated, on the

FEDERAL REGISTER, V O L 32, NO. 154— THURSDAY, AUGUST 10 1967 11538 PROPOSED RULE MAKING other hand, that as to Highland Coun­ As previously noted, the producer’s Miami Valley order on the customary j ty, Dayton-Springfield handlers distrib­ proposal would also expand the market­ criterion of making greater sales in the ute only 23 percent of the total Class I ing area to include five less intensely Miami Valley- marketing area than in sales. The Chillicothe and Hillsboro dis­ populated counties, Auglaize, Darke, the Indianapolis marketing area. tributors stated their distribution as Logan, Mercer, and. Shelby, generally The average of Class I prices for 1965- j about 44 percent of the total Class I north and west of the marketing area 66 at the Greenville distributing plant j sales in Highland County compared to a herein adopted. In these counties there was about 25 cents less than the ap­ figure of 37 percent submitted by pro­ are only three cities exceeding a popula­ plicable price for Dayton-Springfield ! ponent handlers. In Highland County, tion of 10,000, Sidney (Shelby County), handlers. We see no purpose in including sales also are made by two handlers un­ Greenville (Darke County) and Belle- these counties unless there is opportu- j der the Columbus, Ohio, order and by fontaine (Logan County). Furthermore, nity to achieve greater price uniformity three handlers under the Greater Cin­ the total population of only one county, than currently, prevails. It seems un- ; cinnati order. Proponent handlers esti­ Darke (47,800), exceeds 40,000. likely that this could be accomplished mated further that the local distributors Sales in this five-county area are made without regulating the Greenville plant, make 33 percent of the sales in Ross by four unregulated distributors, certain a major distributor in these counties, County. Sales in Ross County are made Dayton-Springfield regulated handlers under this order. Under present circum­ also by two handlers under the Colum­ and regulated handlers from the Indian­ stances this would require making the bus, Ohio, order, a handler under the apolis, Northwestern Ohio, Northeastern Greenville plant a “captive” plant under Greater Cincinnati order, and two han­ Ohio, Greater Cincinnati, and Columbus, this order. dlers under the Tri-State order. Dayton- Ohio, markets. Two of the unregulated There were no problems presented Springfield handler distribution repre­ distributors, with relatively low volume which would justify such action. Com­ sents substantially less than a majority plants at Minster and Sidney, Ohio, dis­ petitive problems in selling milk in the of Class I sales in each of Highland and tribute practically their entire Class I five counties were not stressed by pro­ Ross Counties, and in the aggregate such sales within this five-county area. The ponent or by any other handler and the sales amount to less than 2 percent of the unregulated distributor at Bellefontaine record shows no appreciable adverse ef­ total Class I sales of the Dayton-Spring­ (Logan County) also distributes milk in fect on producer returns. Rather, the field market. at least one of these counties. A fourth cooperative stressed mainly that inter­ The local distributor at Chillicothe unregulated distributor from Van Wert nal administrative and operational prob­ does not distribute outside Ross County distributes minor volumes of Class I milk lems of the cooperative involving its in Auglaize County. Greenville and Dayton plants could be but bottles some milk for the Hillsboro minimized if both plants were under a distributor and for a distributor at Three Dayton-Springfield handlers single regulation. Georgetown, Ohio, partially owned by distribute about 32 percent of the total In view of the above considerations the Hillsboro distributor. The Hillsboro fluid milk sold in Auglaize County, 37 it is therefore concluded that the pro­ distributor processes and packages some __ percent in Darke County, 33 percent in posed inclusion of Auglaize, Darke, milk for the Chillicothe distributor and Logan County, 70 percent in Mercer Logan, Mercer, and Shelby Counties for the Georgetown distributor which County and 46 percent in Shelby County. should be denied. milk is sold primarily in unregulated The principal Dayton-Springfield han­ Although some of the route disposition areas in southern Ohio. The Hillsboro dler in this area distributes milk from a of handlers to be regulated will extend distributor also paokages Class I milk for plant at New Bremen (Auglaize County). beyond the boundaries of the counties a Columbus regulated handler at Wash-- In the aggregate Dayton-Springfield reg­ proposed for regulation, it is neither ington Court House. ulated handlers distribute about 10 per­ practical nor reasonable to stretch the The sales area of the Hillsboro distrib­ cent of their total Class I milk volume in regulated area to cover all areas where utor extends south into Adams, Brown, this area. a handler has or might develop some Clark, and Pike Counties, which were not A principal distributor in four of these route disposition. Nor is it necessary to proposed to be added to the Miami Val­ counties is the cooperative’s Indianap­ do so to accomplish effective regulation ley marketing area. This distributor sells olis regulated Greenville plant which under the order. The marketing area about 37 percent of his own Class I distributes about 47 percent of the total herein proposed is a practicable one in sales in Adams and Brown Counties, plus Class I milk sold in Darke County, 11 that it will encompass the great bulk of about 15 percent of the Class I milk of percent in Auglaize, 9 percent in Mercer the fluid milk sales of handlers to be the Chillicothe distributor. The George­ County, 4 percent in Shelby County and regulated. town distributor who buys his entire sup­ 2 percent in Logan. The Greenville dis­ All producer milk received at regulated ply of bottled milk from the two local dis­ tributing plant is located in Darke Coun­ plants must be made subject to classified tributors also makes sales in Adams and ty near the Ohio-Indiana State pricing under the order, however, re­ Brown Comities, in Highland County, boundary. About 85 percent of the milk gardless of whether it is disposed of and in several townships of Clermont handled by the Greenville plant is for within or outside the marketing area. County (Greater Cincinnati marketing fluid milk products. A large proportion Otherwise the effect of the order would area). The Columbus handler at Wash­ of its Class I sales are made to a grocery be nullified and the orderly marketing ington Court House distributes milk in chain which moves the milk to a distri­ process would be jeopardized. Payette (Columbus, Ohio, marketing bution center in the Indianapolis mar­ If only a pool handler’s “in-area” sales area) and Highland Counties. keting area, most of which is distributed were subject to classification, pricing and The partial regulation of the local through its stores in eastern Indiana. pooling, a regulated handler with Class I plants at Chillicothe and Hillsboro under The Indianapolis Class I price is subject sales both inside and outside the market­ the Greater Cincinnati order at the pres­ to a minus 13-cent location adjustment ing area could assign any value he chose ent time indicates a relationship to that at the Greenville location. to his outside sales. He thereby could re­ market at least as strong as that shown The cooperative, in proposing expan­ duce the average cost of all his Class i with the present Dayton-Springfield sion of the marketing area, stressed the milk below that of other regulated han' market. Moreover, the principal sellers in importance of achieving uniformity of dlers having all, or substantially all, Highland and Ross Counties also distrib­ pricing throughout the area it proposed. their Class I sales within the marketing ute a substantial portion of their Class I Fundamental to achieving reasonable area. uniformity of pricing in these five coun­ sales in the unregulated counties of Unless all milk of such a handler were ties, however, is the regulation of the fully regulated under the order, he Adams and Brown not under considera­ cooperative’s Greenville distributing effect would not be subject to e“ec^ . tion at this time. In view of these con­ plant under the expanded Miami Valley price regulation. The absence of siderations, the Miami Valley marketing order rather than under the Indianap­ classification, pricing and pooling of su area should not be extended to include olis order. However, this record gives no milk would disrupt orderly naarket“j® the four named townships in Clinton assurance that even if these five coun­ conditions within the regulated mar, . . County or Highland and Ross Counties ties were included such plant would be­ ing area and could lead to a ®9mp,lpr breakdown of the order. If a pool han on the basis of this record. come subject to regulation under the

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11539 were free to value a portion of his milk The marketing performance standards permitting determination of pooling at any price he chooses, it would be im­ also serve to minimize the effects of reg­ status on the basis of the combined per­ possible to enforce uniform prices to all ulation on handlers who have only a formance of the plants in meeting the fully regulated handlers or a uniform minor proportion of^ their distribution minimum total utilization requirement. basis of payment to the producers who in the regulated market. As described . These proposals were designed as supply the market. It is essential, there­ elsewhere, such handlers would be made alternative methods of assisting a pool fore, that the order price all the producer subject to partial regulation. Neverthe­ distributing plant to receive milk from milk received at a pool plant regardless less, any plant, wherever located, may handlers and other nonproducer sources of the point of disposition. qualify as a pool plant if it meets the for manufacturing without jeopardiz­ In the course of operation of the order marketing performance standards for ing its pool plant status. the question could arise as to whether regulation. These standards are similar Such handler operates two Dayton- territory within the boundaries of the for all plants similarly circumstanced. Springfield regulated distributing plants, designated marketing areas which is oc­ Pool distributing plant. Because of the located at Dayton and New Bremen. The cupied by Government (municipal, State, difference in marketing practices and New Bremen plant receives about 12 per­ or Federal) reservations, installations, functions between distributing plants cent of its total Class I sales in gallon and institutions, or other establishments is and supply plants, separate performance 10-quart dispenser units from its Dayton considered to be within the marketing standards for pooling are provided. plant while the New Bremen plant sup­ area. In order that there will be no doubt To qualify as a pool plant, a distribut­ plies the Dayton plant with cottage as to Çhe scope of the marketing area, ing plant would be required to meet per­ cheese and related products. It was con­ the definition states that the marketing formance standards as to both the pro­ tended that a handler with plants pres­ area shall include any territory wholly portion of its supply used in fluid dis­ ently in the market should not be forced or partly therein which is occupied by position and its disposition in the market­ by the order to reduce efficiency by hav­ Government (municipal, State, or Fed­ ing area. Thus, pool distributing plants ing to divide operations to modify the eral) reservations, installations, institu­ would include only those plants primar­ total Class I percentage at each plant tions, or other establishments. ily engaged in route distribution of fluid simply in order to meet the minimum 3. Milk to be priced and pooled. Inmilk products. The plant’s total route performance standards on an individ­ general terms, milk produced in com­ distribution both inside and outside the ual plant basis. pliance with the Grade A inspection re­ marketing area should be at least 50 per­ The proposal to permit automatic quirements of a duly constituted health cent of its receipts of Grade A milk from pooling of distributing plants in certain authority which is received regularly at dairy farmers, from other plants (exclud­ months should not be adopted. The re­ plants primarily engaged in processing ing receipts of bulk fluid milk products quirement that a distributing plant shall milk for distribution on retail or whole­ from other plants classified as Class n not have total route disposition less than sale routes in the marketing area, or at milk by agreement), and from coopera­ 40 percent of receipts in any month is plants which are regular and substan­ tives as handlers during each month necessary to assure that the plant is tial suppliers of milk to such processing from August through January, at least primarily engaged in the distribution of plants, should be made subject to pricing 45 percent during February and March and pooling. fluid milk products at all times. The and 40 percent during each month in the adoption of the revised requirements will The following principal definitions in­ April through July period. As to route accommodate existing operations and cluded in the attached order serve to disposition in the marketing area it identify the specific types of milk and should promote the efficient handling of should be, in each month, at least 15 per­ milk on the market by all handlers while milk products to be subject to full’regula­ cent of the plant’s total route disposition. discouraging the addition of milk sup­ tion, and those persons and facilities The principal cooperative proposed a plies to the pool simply for manufactur­ involved with the handling of such milk somewhat different basis for pooling. It and milk products. Definitions relating ing purposes. proposed that a distributing plant’s The recommended decision provided to handling and facilities are: “Route Class I total route sales should amount disposition”, “distributing plant”, “sup- that the 50 percent minimum require­ to at least 50 percent of its dairy farm ment should apply August through Feb­ i “Pool plant”, and “nonpool receipts during each month April ruary and that only those distributing plant”. Definitions of persons include: through July and to at least 60 percent Producer”, “handler”, and “producer- plants which had met such requirement of such receipts during each month during each month of the preceding Au­ handler”. Definitions relating to' milk August through March. The main sup­ and milk products are: “Producer milk”, gust through February period would be port for this proposal was a statistical permitted to meet a lower 40 percent re­ •Til» products”, and “other source table showing that, with the exception s « Ï' The application of certain of these quirement in the months of March of one plant regulated by the present through July. All other distributing definitions is discussed in detail. Other Dayton-Springfield order, all currently definitions used are deemed to be self- plants would be held to the 50 percent explanatory. Regulated plants reasonably could meet minimum in the latter months. After re­ such proposed minimum performance view of the exceptions, however, it is Poof plants. It is essential to the oper­ requirements. concluded that opportunity to meet the ation of the order to distinguish between A handler proposal, one of three al­ 40 percent minimum requirement April nose plants substantially engaged in ternatives suggested, would modify the through July should not be contingent rving the fluid needs of the regulated producers’ method for pooling a distrib­ on the plant’s performance during part arket and those plants which are not. uting plant by permitting any such plant or all of the preceding August through l , f is Particularly important to estab- which has disposed of at least 50 per­ March. Moreover, a plant should not lose Ur ^ lnimum. performance standards cent of its receipts as route disposition pool status if the minimum requirement plants which serve the market in in the marketing area for the months of for any 1 month is missed. A more orderly f-way or to a degree, that they should August through April, to be automati­ market supply situation will be promoted n *?/?ludeh in the market pool which cally qualified for pooling May through if a distributing plant is permitted to means of paying uniform July. A second alternative would dis­ meet the monthly shipping requirement urns to all producers on the market. tinguish the separate parts of any pool for the current month or for the imme­ n .ls ®ne of the essential means of distributing plant which processes diately preceding month to retain pool­ npr!ir uf market of adequate and de- Grade A milk and also has a Grade B ing status in the current month. penoable supplies of milk. Otherwise manufacturing operation so as to regu­ Proponent handler’s other proposals fnr ^ 9 cee<^s of the higher Class I price late, as a pool plant, only that portion for assuring pool plant status for its two u„ .. . S°M in the fluid market would where Grade A milk may be processed. distributing plants should not be adopted. riipvoSS1^a^e(^. on acquired by han- As a third alternative basis for pooling, The proposal to qualify distributing m ® Primarily for manufacturing pur- this handler proposed combining the plants operated by the same handler on not go the Primary pur- receipts and Class I utilization for dis­ the basis of combined performance will DenrtoKi assuring an adequate and de- tributing plants when two are operated not tend to insure.that the pool is ade­ able supply for the fluid market. in the market by the same handler, thus quately protected from dissipation of its

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11540 PROPOSED RULE MAKING lated milk other than to regulate it fully. A supply plant which meets the 50 per­ funds by plants and dairy farmers not cent shipping standard during each of regularly associated with this market. Nevertheless, it is concluded that in pres­ On the other hand, the requirements ent circumstances the application of the months of August through March “partial” regulation to plants having should be designated as a pool plant for I provided herein for pooling distributing the succeeding months of April through plants are reasonable in relation to expe­ less association than required for mar­ ketwide pooling (as later discussed) will July (unless a written request for non- i rience with past performance by all pool status is submitted to the market plants in the market. not jeopardize marketing conditions within the regulated marketing area. administrator) even though in such The second alternative proposal, i.e., to months such minimum shipping per­ separate the Grade A and Grade B opera­ Official notice was taken at the hearing tions of a plant, is not necessary to meet of the June 19, 1964, decision (29 F.R. centage is not met. 9002) supporting amendments to several As previously stated, distributing plant proponent’s situation or any other situa­ operators in this market do not rely upon tion indicated on the record. Ti\e need orders, including the Dayton-Springfield order, in which the matter of partial supply plants to any great extent since for such separation is avoided by con­ in most cases direct shipments from sidering only receipts of Grade A milk regulation was discussed. The operator of any partially regulated farms relatively close to the market are directly from producers, from other sufficient to fulfill their fluid needs, and plants (excluding receipts of bulk fluid plant would be afforded the options of; (1) Paying an amount equal to the dif­ especially so in the flush production milk products from other plants classi­ months. In the circumstances, there is no fied as Class II milk by agreement), and ference between the Class I price and the uniform price with respect to all apparent reason why the order should be receipts from any cooperative as a han­ constructed at this time so as to require dler, as the base for determining the Class I sales made in the marketing area; (2) purchasing at the Class I price un­ the operator of a supply plant which may percentage of route disposition to re­ become a pool plant to make shipments ceipts necessary for qualification as a der any Federal order sufficient Class I milk to cover his limited disposition with­ of milk to pool distributing plants during pool distributing plant. Thus, all un­ in the marketing area; or (3) paying his the flush production months in order to graded milk and bulk fluid milk products maintain pool plant status. Such ship­ received from other plants which is clas­ dairy farmers not less than the value of all their milk computed on the basis of ments might well be made at needless ex­ sified as Class II milk would be considered the classification and pricing provisions pense. A supply plant meeting the regu­ as other source milk and excluded from of the order (the latter representing an lar shipping requirements for pooling in the base used in determining the qualifi­ amount equal to the order obligation for each of the short production months of cation of a pool distributing plant. August through March would demon­ These minimum pooling standards for milk which is imposed on fully regulated handlers). strate its association with the market. a distributing plant will facilitate co­ While all fluid milk sales of the par­ The definition of supply plant should ordination in the marketing nf milk from tially regulated plant are not necessarily accommodate the efficient operation of a a supply area common to several markets. priced on the same basis as fully regu­ cooperative’s “balancing” or “supply The principal purpose of a minimum lated milk, the provisions described are, equalization” plant. The major coopera­ requirement on in-area distribution for however, adequate under most circum­ tive operates a supply equalization plant pooling eligibility is to assure that the stances to prevent sales of milk not fully which assists it in providing proprietary distributing plant is associated with the regulated (pooled) from adversely af­ handlers with whom it has selling ar­ market in a significant and regular man­ fecting operation of the order and the rangements for member milk the precise ner since the producers at pool plants fully regulated milk. They should be amounts of milk which such handlers re­ are eligible to share in the monthly Class adopted in this order to complement the quire and in disposing of quantities I proceeds of the market. Untier the pooling requirements on fully regulated which the latter do not require. Han­ Dayton-Springfield order a distributing plants adopted herein. dlers’ needs vary widely during the week, plant becomes regulated on the basis of Pool supply plant. A supply plant with supply requirements increasing on any distribution within the marketing should be pooled in any month in which heavy bottling days and diminishing to area. It is concluded, however, in con­ at least 50 percent of its receipts of Grade little or no milk needs on other days, sideration of the marketing area defined, A milk from dairy farmers at such plant such as weekends, when no milk Is that route disposition in the marketing during the month is shipped as fluid milk bottled. , area of 15 percent or more of the plant’s products to pool distributing plants or is While the supply equalization plant is total Class I route disposition will pro­ disposed of as route disposition within an integral part of the entire supply ar­ vide an appropriate measure of a plant’s the marketing area from such plant dur­ rangement for this market, its receipts association with the market. ing the month. and shipments fluctuate in such a man­ A distributing plant having more than This basis of determining the pool ner that it likely could not meet the nor­ 85 percent of its Class I route disposition plant status of a supply-type plant will mal minimum shipment requirements outside the marketing area should not be provide reasonable assurance that only for a supply-type plant. The operation ox considered substantially associated with a supply plant which is clearly associated such plant in this market, however, as­ this local fluid market and therefore with this market rather than some other sists afl producers in realizing the best should not be subject to full regulation. possible utilization of milk. Full regulation in this circumstance is market will be subject to full regulation Because of its important function suen not necessary to achieve the ends of the under this order. plant should be qualified for pooling- regulation in this market. A supply plant from which a lesser pro­ Since producer milk received at tnis The performance standards for pool­ portion of milk is received at pool dis­ plant represents, however, a relatively ing would not restrict any milk plant tributing plants should not be considered small portion of the total supply of 1 operator from disposing of any fluid milk as primarily associated with this mar­ cooperative, the cooperative should na product in the marketing area. Virtually ket and therefore should not be fully opportunity to qualify milk at such px& any plant having more than minor, or regulated. On the other hand the higher for pooling on the basis of the coopera­ accidental, association with the fluid milk percentage (65) proposed by producers tive’s total function of supplying han­ market could be eligible for pooling.^ On is not necessary to insure a sufficient dlers with milk. Because of the preem- the other hand, the operator of any plant supply of milk for the market. At the nence in this market of the bulk tans only marginally associated with the fluid present time, the market is mostly sup­ delivery method (primarily under ui milk market has reasonable opportunity plied with direct-shipped milk. There are auspices of the cooperative) as the m to make a choice of full or partial regula­ no regular supplies which come from efficient method of furnishing the pr tion, whichever might better serve his country supply plants. This market mary needs of handlers, such direct-sn v interest should be in a position to procure its milk should count toward the qualm Limited quantities (as provided in the needs if the minimum performance re­ tion of the supply equalization plant. attached order) of Class I milk may be quirements are similar to those in other nearby regulated markets. A minimum Thus, if a cooperative furnishes sold within the regulated marketing area proprietary handlers under the order from plants not under any Federal order. percentage of 50 will place all such mar­ kets on substantially equal terms in this percent or more of its total memberm There is, of course, no way to treat such either by direct delivery from farms unregulated milk uniformly with regu- regard.

FEDERAL REGISTER. VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11541 through its supply equalization plant, it This is particularly important in view of pool plant remains the responsibility of should have the same opportunity of automatic pooling privileges provided for the association in all respects—classifi­ pooling the producer milk received at certain months under nearby orders. cation; accounting, and payment. Such such plant as a regular supply plant In both circumstances, the handler milk could be that diverted for the ac­ which qualifies receipts by meeting the would be required to file receipts and use count of the association, or shrinkage (in minimum shipping standard, even reports with respect to the plant and this instance the loss of volume between though a substantial portion of the milk permit verification thereof by the mar­ farm and plant) of farm bulk tank milk received at the supply equalization plant ket administrator, even though it may on which the basis of settlement with the is not actually delivered to other han­ otherwise be exempt from this order. pool plant operator was not at the farm dlers during any given month. Such milk The “nonpool plant” definition as weights and butterfat tests. should be recognized as part of the total presently included in the Dayton- A producer-handler should be defined producer milk supply of the market. Springfield order should be expanded to as any person who operates a dairy farm Provision has been made where a coop­ include a “partially-regulated distribut­ and a distributing plant and who receives erative equalization plant may elect non­ ing plant” and an “unregulated supply fluid milk products only as milk from pool plant status at any time that it plant.” Presently this definition includes his own-farm production or from sources does not meet the minimum shipping re­ an “other order plant” and a “producer- where priced as Class I under a Federal quirements for a pool supply plant. Ob­ handler plant.” Other findings with re­ order. This definition conforms in princi­ viously, a request for nonpool status spect to such plants are included in ple to the definitions of producer-han­ would be made only under circumstances another section of this decision. This dler under other Federal orders. Pro­ where the plant has acquired substan­ term will facilitate reference to specific ducer-handlers are essentially exempt tial Class I sales in another market. The types of nonpool plants elsewhere in the from regulation except for making re­ order should not permit an association to order. The term applies to any milk ports to determine their status. pool its entire reserve milk supply in manufacturing, processing, or distribut­ A producer-handler, as distinguished this manner, however, unless all the ing plant which is not a pool plant dur­ from a pool handler who would be fully Class I sales associated with such re­ ing the month. . regulated, distributes to retail or whole­ serves are also included in the market The order also should contain a defini­ sale outlets milk which is mostly from pool. Accordingly, provision is made that tion of “route disposition” to assist in the his own-farm production. A pool han­ should an association elect nonpool plant identification of those plants which are dler, on the other hand, markets milk status under this order for its supply to be subject to regulation. “Route dis­ equalization plant in any month, such received from producers or from other position” therefore is defined as any de­ pool plants. The producer-handler main­ plant should be designated a nonpool livery of a fluid milk product classified plant for each of the succeeding 11 tains control of his milk from its source as Class I to retail or wholesale outlets at the farm until its ultimate disposition. months in which it did not qualify as a other than a pool plant or nonpool plant. pool supply plant under the regular He is, therefore, generally in a position Pickup by a vendor at a plant and sales to adjust his farm production closely to shipping requirements of 50, percent of through vending machines would be receipts from Grade A dairy-farmers. the needs of his fluid milk business and, considered as route disposition from the in turn, assumes himself the burden of A particular distributing or supply plant where the milk was processed and maintaining the reserve supply of milk plant may meet the pooling requirements packaged. This would apply also to fluid associated with his fluid milk operations. of more than one Federal order. Gen­ milk products custom-packaged for an­ When an individual operates a dairy erally speaking, when the pooling re­ other handler. In addition, as to fluid farm and a fluid milk business in such quirements of two orders are met the milk products moved from a milk plant manner, it has not been necessary to re­ plant is regulated only under the order to a distribution point, the distribution quire him to account for milk produced for the marketing area in which the beyond any such point also would be on his own farm at a particular mini­ greater volume of Class I sales are made considered as route disposition from the mum price. from the plant. It is possible, however, plant where packaged. that a distributing plant may have vir­ The situation in this market makes it Definitions of persons. The term “han­ appropriate that the producer-handler’s tually the same volume of distribution dler” should "be defined to include any exemption from pooling and pricing be m each of the two regulated markets, person who operates a distributing plant and with very minor changes in the pro­ contingent upon his meeting certain con­ or a supply plant. It also should include ditions. Such requirements are necessary portions distributed in the two markets, any cooperative association with respect the plant could be shifted from one reg­ to assure that his sale of milk will not to producer milk which it causes to be have a disruptive effect on the orderly ulation to the other on a month-to- delivered by bulk tank to other handlers marketing of producer milk in the regu­ month basis. This occurrence would not or which it diverts in accordance with lated market. 00 in the interest of orderly marketing terms set forth in the “producer milk” of producer milk. The definition, therefore, should définition discussed elsewhere in these clearly set forth the limits on the sources It is concluded, therefore, that the gen­ findings. A “producer-handler,” and any from which a person may receive milk- eral basis for regulatory treatment in person operating a nonpool plant cate­ and still retain producer-handler status. such situations as provided in the current gorized as a “partially regulated distrib­ A producer-handler sometimes may need Dayton-Springfield order be adopted uting plant” or an “other order plant,” supplemental milk supplies to meet daily Jf1“1 ?ertain modifications. A pool dis­ should be designated as a “handler” and seasonal changes in the demand for tributing plant which also meets the also. fluid milk. The terms adopted provide Pooling requirements under another or­ Such a definition is necessary to desig­ that the fluid milk supply of a producer- der would be pooled under this order if nate those persons who must report the handler must be limited to his own-farm auring the current month (1) it meets sources and the utilization of their production and to receipts of fluid milk the pooling requirements, and (2) a Grade A milk supply, the handling of products priced as Class I milk under greater volume of its fluid milk products which (except in the case of a producer- some Federal order which do not exceed . disposed of in the marketing area handler) is to be regulated either par­ 2,500 pounds per month. This will in­ in the current month and for each of the tially or fully, and who are responsible sure that the exempt producer-handler nree months immediately preceding. for paying for milk in accordance with will be responsible for his own surplus th*'Ur*'*ler’ a supply plant which meets the terms of the order. This definition but will permit the purchase of reason­ me pooling requirements under this or­ expands that of the present Dayton- able quantities of fluid milk products der as well as those of another order, Springfield order to designate persons (approximately 40 quarts per day) to would be exempt from "this order un- operating certain categories of nonpool supplement his own production. 1 ss the plant elects nonpool status under plants and to define the responsibility of The definition should indicate clearly me other order. This will assure that cooperatives as to certain of their han­ that such a person may not receive fluid suf>Pfy plant which may associate dling activities. milk products from nonregulated plants huUf with this pool will be regulated Milk for which a cooperative associa­ if he is to qualify for exempt status as a prmK* ^ is order only if it maintains a tion is the responsible handler but which producer-handler. Milk in fluid form ntinuing association with the market. is not delivered to another handler’s transferred to a producer-handler from

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11542 PROPOSED RULE MAKING any regulated plant is classified as Class and producer payment provisions of an­ At least one proprietary handler as­ L It follows that any supplemental milk other Federal order. sumes responsibility for handling the so purchased by a producer-handler will The term “producer milk” should in­ reserve milk at his plant during such not represent a lower-priced source of clude all milk produced by persons quali­ periods. Consequently, both proprietary supply as might be the case If he were fying as producers which is received at handlers and cooperatives should have permitted to purchase from unregulated pool plants, or under specified conditions, opportunity to divert on equal terms. The nonpool plants and still retain his exempt diverted to nonpool plants. Diversion of present provision which permits diver­ status. producer milk to a nonpool plant by a sion of producers on not more than one- It is intended, therefore, that the ex­ handler (cooperative or proprietary) third of the days of delivery during such emption from pricing and pooling of should be limited to not more than two- months should accommodate'such sup­ such operations be limited those who thirds of the days of delivery from a pro­ plies of milk and should be continued in are primarily dependent on milk of their ducer’s farm during the months of April the expanded order. own production and assume the risk in­ through July, and not more than one- The months of April through July are volved in the plant operation. The order third of the delivery days during the the months of relatively high seasonal consequently should provide, as criteria months of August through March. Di­ production and it is desirable that both of producer-handler status, that the versions of producer milk by handlers proprietary handlers and cooperatives be maintenance, care, and management of among pool plants should be permitted permitted a greater opportunity to divert at any time. than in the fall months. Although this the dairy animals and other resources decision institutes limits on diversions necessary to produce milk and the proc­ Under current order provisions, di­ in these months as compared to the essing and packaging of the milk handled versions of producer milk to nonpool present.unlimited diversion, such limits shall be the personal enterprises of the plants are not limited during the months should permit orderly disposition of the producer-handler and shall be conducted of April through July. During the seasonal surplus. Diversions of producers at his personal risk. Also, since he enjoys months of August through March diver­ to nonpool plants on not more than full benefit from his own sale of milk in sions are limited to not more than one- two-thirds of the day of delivery during fluid form (Class I) and does not share third of the days of delivery. For pricing these months should be permitted. such sale with other producers, he should purposes, diverted producer milk is Producer milk should include that not be considered as a producer on bulk deemed to have been received at the pool milk of a dairy farmer diverted within milk delivered to other handlers which plant of customary receipt. the prescribed limits for each month he does not need for his own bottling Producers proposed that only a coop­ and milk received at a pool plant. In the needs, i.e., he should not be eligible to erative association be eligible to divert event a producer’s milk is diverted more share in the Class I sales of other pro­ producer milk during the months of than the prescribed number of days, ducers also. August through March. They stated that only that milk overdiverted should be To permit verification of a producer- this would help assure the maximum considered as nonproducer milk and ex­ handler’s continuing status and to facili­ Class I use of producer milk and foster cluded from the pool. tate accounting with respect to the re­ the activities of the association as mar­ Diverted milk when moved to a non­ ceipts from pool handlers the order also keting agent for its member producers. pool plant should be priced at the loca­ provides that each producer-handler Also, they proposed that handlers be per­ tion of such plant. Producer’s proposal shall make reports in such manner as mitted to divert milk to nonpool plants would price at the location of the nonpool the market administrator shall require. during the months of April through plant any milk diverted to such a plant Although there are a number of gov­ July, but not for more than two-thirds which is located at a greater distance ernmental agencies (Federal) in this of the days, of delivery from a producer’s from Dayton than the pool plant where area which receive fluid milk products farm in each month. normally received. It was their position from handlers, the record is not clear The regulation should accommodate as that within 70 miles of Dayton there are whether such agencies have facilities to mucjras possible the efficient handling of adequate manufacturing facilities to produce and process fluid milk products any necessary market surplus, since the handle all diverted milk. for use only on such premises or to other day-to-day market requirements vary Since there are a number of nonpool governmental agencies. Generally milk widely. The diversion privilege, herein plants located within 70 miles of Dayton produced and sold by a governmental adopted, should promote efficiency in the (the Miami Valley production area), in agency would be primarily for purposes marketing of milk not needed at pool addition to the cooperative’s balancing within the agency. No useful purpose in plants for fluid milk requirements. plant which serves as the major outlet effective order regulation for the market Because there are nonpool plants lo­ for milk in excess of the fluid milk re­ would be served by regulation of such an cated in the Miami Valley production quirements of the market, there is little operation and could be disruptive to the area, it is possible for excess milk to be need to divert milk great distances at purposes of the dairy operation of such moved' directly from the farm to a non­ the expense of producers generally. In an agency. Therefore, it is concluded pool plant for processing instead of be­ conjunction with the recommended that, if one of these agencies does op­ ing received at a pool plant and then handler location differentials which use erate milk production and processing transferred to a nonpool plant. Diver­ multiple basing points located on the facilities, it should've exempt from regu­ sions may occur seasonally during the outer perimeter of the marketing are8» lation under this order. This is effected flush production months or to accommo­ pricing of diverted milk at the location ox by specific exemption of governmental date unneeded milk during holiday pe­ the nonpool plant in effect adopts the agencies from all provisions of the order. riods or on weekends. Therefore, speci­ cooperative’s proposal for determining The terms “producer” and “producer fied diversions of producer milk from the point of pricing. milk” should be modified from the defini­ pool plants to nonpool plants should be The pricing of diverted milk in such tion presently included in the Dayton- permitted, with the milk retained in the cases in the above manner should re­ Springfield order to incorporate neces­ pool if the handler, including an asso­ move the incentive for the operator oi sary changes brought about primarily by ciation of producers, accepts the respon­ a distant plant to meet the pooling re­ the expansion of the marketing area to sibility of accounting for such milk as quirements for the purpose of associat­ be regulated. producer milk at order prices. ing excessive quantities of milk with tne A “producer” should be defined as any The provision, however, should not market which milk would be intendea person except a producer-handler or a be so constructed as to encourage an ex­ for manufacturing use. Otherwise trier governmental agency, who produces, in cessive volume of milk to associate with would be potential for the distant pro­ compliance with the Grade A inspec­ the pool without need for fluid use. This ducer to receive the market blend price tion requirements of a duly constituted objective can be achieved during the when his milk actually was diverted o health authority, milk which is received months of August through March when a regular basis to a plant distant fro at a pool plant or diverted under specified supplies are lowest seasonally, by limit­ the market for manufacturing use. * conditions as discussed below. This defi­ ing diversions. Such diversions to non­ will further insure that pool produce nition is not intended to include, how­ pool plants are necessary only to assure in general will not subsidize transporta­ the orderly handling of unneeded week­ tion costs which are not incurred if suu ever, any person with respect to milk milk remains at the distant plant. which is fully subject to the class pricing end or holiday supplies. — FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11543 An exceptor requested clarification of ing a large portion of the water content the question arises as to whether there the definition of producer milk to ex­ from whole milk. This product is in­ are dispositions not disclosed on reports. clude diverted milk of dairy farmers sub­ tended for fluid consumption, and may In order to insure responsible reporting, ject to the pooling and pricing provi­ be restored by the consumer to the orig­ recordkeeping and equity among han­ sions of another order. The exclusion of inal whole milk form by addition of dlers, such discrepancy (where disposi­ such milk was intended in the order water. This is a Class I product for tion is less than receipts) should be language of the recommended decision. which the quantity to be accounted classified as a Class I quantity, except Because of this original intent and since for is the qauntity of milk normally for allowable Class n shrinkage as ex­ the language proposed would serve to used to produce it. Standard conver­ plained in later findings. clarify the provision, such change is sion factors for calculating the original On the other hand, if the total of all herein adopted in the definition of “pro­ volume would be applied. Accounting for Class I and Class II milk assigned to pro­ ducer milk”. such products on the basis of original ducer milk exceeds the amount of pro­ 4. Classification and allocation.—(a) volume, including all the water originally ducer milk reported received at the pool Classification of milk. Producer milk re­ associated with the milk solids, is neces­ plant of a handler, the milk in excess of ceived by handlers should be classified in sary to assure equity among handlers such receipts shall be “overage”. Any two classes according to the form in and to return to producers the full use overage should be assigned first to the which or the purpose for which it is used. value of their milk. available Class n utilization and any re­ Class I milk should include those forms Reconstituted milk or skim milk pre­ mainder to Class I. The overage in each of disposition intended for the fluid sents a sifhilar problem of accounting. class should be paid for by the handler market. Reconstitution is a process which may be at the applicable class prices. When The high quality requirements for carried on in a handler’s plant by mixing utilization records indicate a disposition consumption in fluid forms, as compared dry milk solids or condensed milk with greater than receipts it must be pre­ to manufacturing use, are specified pri­ water to produce a product which is simi­ sumed that the handler failed to report marily in newly revised sanitary regula­ lar to fluid "whole milk or skim milk. all of his receipts of producer milk. This tions of the State of Ohio. The extra cost Partial reconstitution may be carried “overage” is thus charged to him at the of producing such higher quality milk out by adding milk solids and water to applicable class price in the lowest avail­ and delivering it to market necessitates milk or skim milk. Class I disposition of able class use. that the price for milk used in Class I reconstituted milk or skim milk should Class II milk. Class n milk would in­ be considerably above the manufacturing be accounted for in a quantity which in­ clude all skim milk and butterfat used to milk price. The definition of Class I milk cludes the volume of water originally as­ produce any product other than a fluid in the manner described herein provides sociated in whole milk with the milk milk product. It thus would include milk the means of returning to producers the solids used in process of reconstitution. used in manufactured products such as higher price according to the quantity This is necessary for the same reasons as ice cream, ice cream mix, frozen desserts, of milk so used. in the case of concentrated milk. cottage cheese, evaporated and con­ Class n milk, on the other hand, in­ Fortified fluid milk products are densed milk, nonfat dry milk and butter cludes utilization for purposes to which another instance in which the weight and cheese as well as others in nonfluid Grade A requirements do not apply. In disposed of is not precisely the quantity form. such uses milk from producers competes of Class I disposition to be accounted for. Under the present Dayton-Springfield with ungraded milk from other sources Fortified fluid milk products are prepared order cultured sour cream mixes and and for these uses producer milk there­ by the addition of nonfat solids to milk packaged sterilized cream are included fore commands only a manufacturing or skim milk to yield a finished product as fluid milk products in Class I. Certain milk price. of higher than normal nonfat solids. handlers proposed the reclassification to Accordingly, milk and milk products For proper accounting of the skim Class n of sour cream mixes and steri­ received by handlers should be classified milk involved the nonfat milk solids lized products because Grade A quality on the basis of the form in which, or the added in fortification should be con­ ingredients are not required in process­ purpose for which, it is used or disposed verted to their skim milk equivalent. ing. Sterilized cream not made from of by the handler in substantially the This is necessary toTnsure uniformity of Grade A milk, and cultured sour cream same manner as under the present Day- application of the accounting system. It mixes using vegetable fat, are sold in the ton-Springfield order. The skim milk is not necessary, however, to price as market. It is concluded that a Class II and butterfat therein should be classi­ Class I all the water originally associated classification should be adopted for sour fied separately since the proportions of with the added solids. The addition of cream mixtures unless labeled as a Grade skim milk and butterfat in finished prod­ the solids used in fortification cannot be A product and for sterilized cream in ucts vary. considered as displacing producer milk hermetically sealed metal or glass Also, milk may be received by handlers in Class I except to the extent that the containers. from various sources, including dairy volume of product is increased^ The ad­ Proponent for the exclusion from the farmers, other regulated handlers, and dition of solids to make a more desirable fluid milk product definition of sterilized unregulated sources. Milk from all these product may in fact increase the sale of products in hermetically sealed glass or sources could be commingled in a han­ producer milk, and in any event would* metal containers took exception to the dler’s plant. Consequently, it is necessary not displace producer milk in Class I failure of the recommended decision to to have a plan for allocating the uses of beyond the minor increase in volume exclude also from such definition steri­ milk to each of the various sources of which results. lized products other than cream which supply in order to establish the appro­ Therefore, the skim milk to be classi­ are similarly packaged. There was no priate classification of producer milk. fied as Class I mille in such instances evidence in the record concerning such Class I milk. The dispositions included should be only that contained in an equal sterilized products other than cream on m Class I milk are those required by volume of unmodified product of the which a reclassification of these products applicable health authorities to be pro­ same nature and butterfat content, ex­ could be considered. The testimony re­ duced from “Grade A milk”. Class I cluding the dry weight of any nonmilk lated solely to sterilized cream. It is the mfik, therefore, should be basically additive such as flavoring, etc. The skim only such product being handled in the skim milk and butterfat disposed of by milk equivalent of the nonfat milk solids market at this time. Therefore, sterilized a handler in the form of fluid milk prod­ not classified as Class I milk should be products other than cream are retained ucts as previously defined, with limited classified as Class II milk. under the fluid milk product definition. exceptions as described below. It is necessary that the handler submit Besides manufactured dairy products, The measurement of the quantity of reports sufficient to reconcile all his re­ which compose the bulk of Class n use, Class I disposition of a particular milk ceipts of milk and dairy products with Class n milk also would include shrink­ p£°duct is normally the actual weight the disposition from his plant(s). If re­ age within certain limits, disposal in of the product as it leaves the handler’s ceipts and disposition cannot be recon­ Plant. In a few instances, however, the ciled from such reports, it is necessary fluid form for livestock feed, skim milk Class I quantity is more, or less, than that the handler be held responsible for dumped, and fluid milk products in bulk such weight. One exception is concen­ any unaccounted for receipts or disposi­ held in inventory at the end of the trated milk, which is produced by remov- tion. If disposition is less than receipts, month.

No. 154-----5 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11544 PROPOSED RULE MAKING Butterfat and skim milk should be con­ case of milk diverted by tank truck. An creases, the handler will receive a cor­ sidered disposed of when used to produce exception would be made in both in­ responding credit. Class II products. Thus, handlers must stances if the plant operator to whom The allocation section of the order maintain production records to establish the milk is diverted purchases the milk should provide that inventory of such use in Class II. on the basis of farm weights and tests. packaged fluid milk products on hand at Shrinkage. In the course of normal re­ The order contemplates that handlers the beginning of the month be sub­ ceiving, processing, and packaging of will report on an individual plant basis, tracted from Class I milk utilization im­ fluid milk products, some loss, or “shrink­ showing the receipts and utilization at mediately after the allocation of shrink­ age”, of skim milk and butterfat is ex­ each plant. Shrinkage should be ac­ age and packaged fluid milk products perienced. Since shrinkage represents counted for in each plant separately so from other orders and before making the disappearance of-milk for which no re­ that a handler having more than one other assignments therein provided. turn is realized, it should be considered plant may not offset overage in one plant Since the disposition of skim milk and as Class II milk to the extent that the against shrinkage in his other plant. butterfat in nonfluid milk products has amount is reasonable and is not the result If such handler transfers fluid milk been accounted for as Class II use when of incomplete or faulty records. In order products between his two plants, the used to produce a manufactured dairy to assure complete accounting, however, amount of shrinkage or overage at either product, such skim milk and butterfat the handler must establish the quantity plant would be affected by the accuracy should not be included in inventory. of actual loss of skim milk and butterfat. in accounting for the quantity of skim, Inventories of fluid milk products and The maximum shrinkage allowance in milk and butterfat transferred. The Class II products on hand at the begin­ Class II at each plant should be 2.5 per­ same care should be exercised as to ac­ ning of the first month in which this cent of milk from producers (less trans­ curacy of accounting for milk trans­ order becomes effective or during any fers of milk in bulk to other pool plants), ferred between plants of the same month in which a plant becomes regu­ plus 1.5 percent of milk transferred in handler as in the case of transfers be­ lated for the first time should be allo­ bulk to other pool plants, plus 1 percent tween plants of different handlers. cated to any available Class n utiliza­ of milk received in bulk tank lots from To assure an equitable assignment of tion of the plant during the month. This other plants or from a cooperative as­ total shrinkage, it should be prorated to procedure will preserve the priority of sociation which is the handler for such (1) those categories of receipts on which assignment to current receipts of pro­ milk. However, if the handler operating the above described limits apply, and ducer milk of the current Class I utiliza­ the pool plant which received bulk tank (2) other receipts in fluid form to which tion of the plant. milk through a cooperative association specific shrinkage limits do not apply. One handler objected to the potential files notice with the market administra­ Inventories. The order should provide inflation of Class I milk from the initial tor that he is purchasing such milk on classification of ending inventories of that inventory of fluid milk products on packaged fluid milk products in Class I the basis of farm weights the applicable hand at the end of the month should be percentage should be 2.5 percent on such for the purpose of computing the “Class I classified as Class II milk if in bulk, and utilization percentage” for the supply- milk. The provision of 2.5 percent shrink­ Class I if packaged, pending possible age allowance for the entire receiving reclassification in the following month. demand adjustment. and processing operation is in the present The computation of the monthly Class Dayton-Springfield order and there was Handlers have inventories of milk and I utilization percentage for the supply- milk products at the beginning and end demand adjustments which include Class no suggestion for revising this maximum of each month which must enter into the . allowance. > —I sales for the month following the effec­ The lower shrinkage allowance of accounting for receipts and utilization a,t tive date of the amended order should 1 percent of milk received by bulk tank the plant. The accounting procedure can be modified to offset the effect the truck from a cooperative handler recog­ be facilitated by providing that inven­ changeover to include monthly ending nizes that part of the shrinkage occurs tories of bulk fluid milk products on inventories of packaged fluid milk prod­ prior to receipt at the plant. Milk col­ hand at the end of the month be classi­ ucts in Class I. lected at the farm in bulk tank trucks is fied as Class II milk. The classification of packaged fluid measured at the farm. Some loss nor­ In the following month inventories in milk products in inventory in Class I mally occurs during the transfer opera­ bulk would be subtracted, under the allo­ is not intended to have any significant tion between the farm tank and the cation procedure, from any available effect on the “Class I utilization per­ plant. Class n milk. Any excess over available centage.” Accordingly, it should be pro­ To provide equitable application of Class II milk should be subtracted from vided that monthly ending inventories shrinkage provisions to all handlers who Class I milk. The higher-use value as of packaged fluid milk products for the may have various types of operations and Class I thus indicated should be reflected first month this amended order is effec­ sources of milk receipts, the rate of 1 per­ in-returns to producers in that month. tive, should be deducted from the ag­ cent shrinkage allowance should apply This would be at the rate of the differ­ gregate pounds of producer milk in Class to all plant receipts in bulk, whether ence between the Class n price in the I milk in computing the utilization per­ from other pool plants, unregulated first month and the Class I price in the centage for each of the third, fourth, and plants or a cooperative association act­ •second month. fifth month, respectively, after this in g 's a bulk tank handler. The only Fluid milk products on hand in pack­ amended order is first made effective. exception to this would be in the case of aged form at the end of the month The maximum adjustment which receipts of other source milk for which should be classified as Class I milk. This would have occurred during the period Class II utilization is requested. In the classification conforms with the ultimate from January 1966, through November latter case, since the entire receipt is utilization of most of the packaged fluid 1966, would haveHbèeïr^a reduction of for Class II use, there is no need to es­ milk products in inventory. This results 453,000 pounds in aggregate Class I sales. tablish a limit of shrinkage that may in fewer adjustments in classification Such an adjustment, computed for each be classified as Class II. and handlers’ obligations than if classi­ month for the period from May 1966, In computing a handler’s total shrink­ fied in Class II as in the case of bulk through January 1967, resulted in no age allowance, 1 percent of fluid milk milk. change in the current utilization for such products disposed of in bulk tank lots to To insure that all handlers pay the months. Since monthly ending inven­ plants of other handlers by transfer current month’s Class I milk price for tories for the market change from should be deducted. This is necessary to fluid milk disposed of during the month, month-to-month, there is no fixed vol­ carry out the present order provision of it is provided that, if the Class I milk ume of Class I sales that can be used allowing 1.5 percent for the receiving and price increases over the previous month, to adjust the aggregate pounds of pro­ handling operations on such transfers. the handler will be charged the differ­ duced milk in Class I milk used to com­ The second plant would be allowed, as ence between the Class I milk price for pute the supply-demand adjustor. stated previously, 1 percent on the trans­ the current month and the Class I milk It is therefore concluded that the order price for the preceding month on the language should provide for such an fer of fluid milk products. adjustment to eliminate any significan The allowance of 1 percent of milk quantity of ending inventory assigned to Class I milk in the preceding month. effect on the resulting supply-demand transferred in bulk tank truck from adjustment. After the' fifth month, the farm to plant would apply also in the Likewise, if the Class I milk price de­ FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11545 adjustment is not required for this pur­ fication and, specified conditions are more than 100 miles from the market pose. met: (1) The operator of the nonpool logically would be utilized for fluid con­ Proof of class use. Except for the quan­ plant should maintain adequate books sumption in view of the transportation tities of Class II shrinkage provided for and records showing utilization of all cost involved. in ih e order, all skim milk and butter- skim milk and butterfat received at the Such transfer rule does not comport fat for which a handler cannot establish plant; and (2) if requested the operator well, however, with the diversion rule utilization must be classified as Class I should make these books and records adopted herein under which diverted milk. This provision is necessary to re­ available to the market administrator milk is priced at the location of the plant move any advantage that might accrue for purposes of verifying such receipts to which diverted. At the present time to handlers who fail to keep complete and utilization. Verification by the mar­ handlers distribute virtually all their and accurate records. The burden of ket administrator is necessary to insure fluid milk products in Class I within a proof should be on the handler to estab­ proper application of the classification hundred-mile radius of Dayton, in fact, lish the ultization of any milk as being procedures of the order. primarily within the proposed Miami other than Class I milk. If the above conditions are met, classi­ Valley marketing area. Any such prod­ Transfers and diversions. Milk trans­ fication of the transferred or diverted ucts sold beyond such distance are very ferred from a pool plant to another plant milk would be made in accordance with likely to be disposed of in another reg­ should be classified in accordance with the following procedure : ulated market where verification of use specific rules. Receipts of packaged fluid milk prod­ is readily made. The rules of classification herein pro­ ucts at the nonpool plant from pool On the other hand, milk may move vided would apply to transfers to other plants or other order plants would be first from farms to market from greater dis­ pool plants or to nonpool plants, and assigned to Class I in the nonpool plant. tances under today’s conditions. In the to milk diverted from the farm to non­ Then, if the nonpool plant makes any event producer milk had to be diverted pool plants or to pool plants of other Class I route disposition in this market­ for manufacturing use, possibly caused handlers. ing area, this Class I should be assigned by unforeseen circumstances not under Fluid milk products transferred or di­ first to fluid milk products transferred control of the producers or handlers verted from a pool distributing or sup­ from pool plants, then pro rata to re­ involved, to plants beyond 100 miles, the ply plant to the pool distributing plant ceipts from other order plants, and present provision would not accommo­ of another handler should be classified finally to receipts from dairy farmers date such movements. It is concluded as Class I milk unless utilization as Class who the market administrator deter­ that the present mileage rule would not n milk is claimed by both handlers on mines constitute the regular source of promote orderly marketing under the reports submitted for the month to the Grade A milk for the nonpool plant. If terms of the revised order. market administrator. However, sufficient the nonpool plant makes any Class I The order also provides for transfers Class H utilization must be available disposition on routes in the marketing of fluid milk products to other order at the transferee plant for such assign­ area of another Federal order, this plants. The classification of such milk ment to Class n after allocation of re­ should be assigned first to fluid milk is covered in the following findings with ceipts of unregulated milk, other order products transferred or diverted from respect to allocation. milk, inventory and shrinkage. Similarly, plants fully regulated by that order, then (b) Allocation. The value of producer sufficient Class I milk must be present pro rata to fluid milk products received milk is established on the basis of its in the transferee plant to cover Class I from plants regulated by this and all classification and the class prices. Since classification of the transferred milk. other Federal orders, and thereafter to handlers also may receive milk from If the shipping plant receives, during the nonpool plant’s regular Grade A sources other than producers, the order the month, other source milk of the type dairy farmer supply as determined by the must provide a method of assignment to to which a surplus value applies (such as market administrator. classes of receipts from all sources during nonfat dry milk) the skim milk and but- Any Class I utilization remaining in the month. terfat in fluid milk products transferred the nonpool plant after the above as­ The system of allocating a handler’s should be classified so as to allocate the signment should be assigned first to the receipts to the two classes is virtually least possible Class I utilization to such plant’s regular Grade A dairy farmer the same as that adopted in the decisions other source milk. Also, if the shipping supply and then pro rata to unassigned of the Assistant Secretary issued June handler receives other source milk from receipts from plants regulated by this 19,1964, for 76 milk orders, including the an unregulated supply plant or an other order and other orders. Dayton-Springfield order.1 These deci­ order plant, the transferred quantities, After the preceding assignments are sions were designed to integrate into the up to the total of such other source re­ made at the nonpool plant, any remain­ regulatory plan of each of the affected ceipts, should not be Class I to a greater ing receipts of bulk fluid milk products Federal orders milk which is not subject extent than would be applicable to a like from pool plants should be classified in to classified pricing under any order, and quantity of such other source milk re­ sequence starting with Class n milk if also to apply the regulatory plan of each ceived at the transferee plant. These the shipping handler requested classifi­ of the orders to milk received from plants rules are necessary to provide the same cation under this procedure. regulated under another order. kind of classification for transferred This method for classifying transfers The producers’ proposal recognized the fluid milk products as for utilization and diversions of milk to nonpool plants necessity for interorder coordination within a pool plant. provides equitable treatment for milk and contained allocation provisions Fluid milk products transferred or of order handlers as well as other order identical to those contained in the afore­ diverted from a pool distributing plant handlers in the classification of milk, mentioned decisions. Inasmuch as those to a pool supply plant should be classi­ Further, it gives priority to dairy farmers decisions set forth the standards for fied first as Class n milk to the extent directly supplying a nonpool plant with dealing with unregulated milk under Class n utilization is available, at the respect to sales outside regulated areas. Federal orders generally, it is necessary pool supply plant. Such movements of The proposed method of classification at that the general system of allocation milk generally would be made for the the same time allows orderly disposition under this order be the same. Also, the Purpose of manufacturing milk, which is of reserve supplies of milk which cannot treatment of other order milk should m excess of the bottling requirements of economically be handled at pool plants. be the same as the plan included in those the distributing plant, into Class H prod­ Thé present Dayton-Springfield order decisions so as to have a coordinated ucts. Also, this would deter the move­ contains a transfer rule which requires system of regulations on movements of ment of milk solely for the purpose of fluid milk products (except bulk cream) milk among Federal order markets. qualifying for additional location to be classified as Class I milk if moved Because of the separate pricing of milk credits. beyond 100 miles from Dayton or Spring- used to produce cottage cheese as com- Fluid milk products transferred or field, Ohio. This provision was adopted diverted in bulk to a nonpool plant (not a number of years ago primarily to an other order plant or producer-handler 1 Official notice was taken at the hearing simplify verification procedure on the of the decision (29 F.R. 9002) in which is Plant) should be classified as Class I milk presumption that under the then exist­ included the amendment affecting the unless the handler claims Class n classi- ing conditions any milk moved on resale Dayton-Springfield milk order.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11546 PROPOSED RULE MAKING pared to other Class II milk products, it milk for Class II use, a method as de­ months of April through July and Sep­ is necessary to design the allocation pro­ scribed herein must be provided for as­ tember through December a seasonal in­ visions so as to insure the application of signing the unregulated bulk milk to centive plan of pricing is in effect. For the price differential to producer milk classes of use. By assigning it pro rata the purpose of computing a rate of pay­ used in cottage cheese manufacture. with regulated milk (within limits), its ment on unregulated milk during these Thus, the method adopted will assure indeterminate character as Class I or n months, a weighted average price must generally the assignment of other source will be recognized up to the limit pro­ be computed in a manner identical with milk receipts in series beginning with vided. the computation of the uniform price in Class II products other than cottage A limit must be placed on the amount other months. cheese, then to milk used to produce cot­ of unregulated milk which may share There can be no question that the tage cheese prior to any assignment full classification with regulated milk. Class I price basically should apply to thereof to Class I. The receipt^ of unregulated milk in a both regulated and unregulated milk Milk received at regulated plants from regulated handler’s operation is always a used in a fully regulated plant as Class I unregulated plants. When unregulated source of danger to the regulatory plan. milk. To attribute any different valua­ milk eligible for distribution in the Handlers often obtain unregulated milk tion on the unregulated milk would auto­ market in fluid form is received by a because it is a cheaper source of supply matically result in inequity as compared regulated handler at his pool plant, pro­ than regulated milk. Unless some limita­ with regulated milk similarly utilized. vision must be made for its allocation tion is placed on the volume of unregu­ Although there is no room for doubt as to the total available classification of lated milk that may be prorated, a han­ to the need to attribute a Class I value the pool plant, and for providing an dler with a supply of regulated milk ade­ for any milk so utilized (the minuend), appropriate rate of payment to the quate for his Class I requirements could the proper credit to be allowed to milk producer-settlement fund on any such acquire cheaper unregulated milk to from unregulated plants is not clear, i.e., milk allocated to Class I. increase his manufacturing uses. This what subtrahend should be used in such The order should provide that fluid milk would share in Class I utilization a payment formula. It may be expected milk products moved from an unregu­ while an equal volume of-regulated milk that in many situations a payment at any lated plant to a pool plant be classified would be assigned to the expanded sur­ lesser rate than the difference between as Class n milk if so reported by the plus use. This would impair the effec­ the Class I minimum price and the value operator of the regulated plant. tiveness of the regulation. of such milk as surplus would give un­ Milk may be purchased by a pool plant The limit placed on the amount of un­ warranted pried advantage to unregu­ operator from an unregulated plant regulated milk to be assigned pro rata lated milk over producer milk similarly either for use in his manufacturing oper­ with regulated milk is such that when, utilized. ation or in connection with his Class I as a result of proration or assignment, Milk at unregulated plants may be requirements. When the purchase is for as much as 20 percent of all regulated purchased from dairy farmers on a flat manufacturing, the order should accom­ milk in the handler’s plants is assigned price basis without regard to use classifi­ modate this by providing that such milk to Class n , all additional unregulated cation. Although most of the milk so pur­ be allocated to the lowest price class milk will then be assigned to Class II. chased by the unregulated plant operator utilization in the pool plant. A reserve of milk for fluid requirements may be intended for local distribution This treatment of unregulated milk on a marketwide basis more or less than outside the regulated market, excess milk received at pool plants will further serve 20 percent of all handlers’ receipts may supplies on a daily and seasonal basis to accommodate unregulated plants be required, depending upon seasonal will arise as they also do in regulated which have surplus milk but do not have and other considerations. plants. manufacturing facilities, since it will An individual handler associated with This frequently leaves excess milk at make available as an outlet the manu­ a regulated fluid market (whose main unregulated plants which is truly surplus facturing facilities of pool plants without purpose is to furnish Class I milk to the to the normal fluid needs of those plants. involving the unregulated plant in the market) will not need unregulated milk This situation is accentuated at certain regulation. When, however, manufactur­ for the purpose of maintaining an ade­ times of the year when there are char­ ing utilization in a regulated plant is quate supply to service Class I sales in acteristic seasonal increases in the pro­ insufficient for the assignment of all amounts which will increase his reserve duction of milk without corresponding fluid milk products from unregulated above 20 percent of his total receipts in increases in the demand for milk. If it plants to the agreed manufacturing use, any given month. Even though a situa­ were not for the sale in the regulated the remainder, of course, must be tion could conceivably arise where be­ market, such milk would have no higher allocated to Class I. cause of the disruption of normal sup­ Other categories of milk receipts as­ plies, a handler receives milk from value to the plant operator than its sur­ signed first to Class II use (down al­ unregulated sources in excess of the plus value. located) should include receipts from quantities that may be prorated, the In such circumstances, the operator of producer-handlers, receipts from gov­ attainment of effective regulation never­ such an unregulated plant, including the ernmental agencies exempt from regu­ theless requires the imposition of this fringe distributor, has great incentive to lation, receipts without Grade A certifi­ limit. “dump” his surplus milk into the regu­ cation, and reconstituted milk. The rea­ It is provided that in assigning unreg­ lated market or its supply system at any sons for such assignment are explained ulated bulk milk for purposes of classifi­ price higher than a surplus price and in subsequent findings on these specific cation, the overall utilization of the han­ thereby obtain a competitive advantage types of receipts. dler at all of his plants regulated under for such milk over regulated milk. Reg­ With respect to the general category the order2 (rather than the utilization at ulated handlers cannot similarly convert of unregulated plant milk (other than a single plant) should be used. This is otherwise surplus Class II milk into from producer-handlers or governmental necessary for the same reasons, set forth Class I utilization without accounting to agencies) received at a pool plant, the later in this decision, which apply to re­ the producer-settlement fund at the full order should provide that (within limits) ceipts of milk from plants regulated by difference between thèse two utilizations, such unregulated milk in bulk, which is other orders. i.e., they account at Class I rather than not specifically designated for manufac­ Payment at the difference between the Class n . There would then appear to be turing use, be classified pro rata with Class I and uniform prices should be substantial justification for the same regulated milk in the pool plant. made by the receiving handler into the rate of charge against milk from unregu­ Classification of bulk milk cannot be producer-settlement fund on the portion lated plants obtained and used in similar determined on the basis of its inherent of unregulated milk which is assigned to circumstances. characteristics as either Class I (i.e., in Class I through proration. During the Notwithstanding the fact that surplus fluid form) or as surplus (i.e., as in manu­ milk Ts obviously available to handlers factured products) but rather its clas­ 2 Such total utilization would be subject to from time to time, there is no indication sification must depend upon its utiliza­ certain prior deductions for receipts assigned that they have exploited their opportu­ tion by the handler who receives it. Un­ to the surplus classification as mentioned in nities to use such milk. It is concluded, less the regulated handler accepts the prior findings. therefore, in the light of the decision

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11547 of the Supreme Court in the Lehigh Val­ stabilizing the market in the manner would not be appropriate to allow the ley case, and because of the administra­ prescribed by the statute. Consequently, regulated handler credit from the pro­ tive difficulty in determining whether the Secretary must protect, to the ex­ ducer-settlement fund at more than a particular milk from an unregulated tent consistent with the Act, the regula­ surplus price for any such purchases. plant utilized as Class I in this market tory plan in any marketing area against Inasmuch as a producer-handler’s ap­ actually might have only a surplus value defeat or impairment because of the propriate competitive relationship with or cost at source, that the charge should introduction into the marketing area of other handlers and with other producers be limited to the difference between the milk from unregulated sources which is depends upon the producer-handler as­ Class I price and the market order uni­ not subject to full regulation. suming the burden of his own surplus, form price (weighted average price for In this market only limited quantities an equitable relationship among the sev­ the months of April through July and of packaged milk are received at pool eral groups would not be achieved if a September through December), both plants from unregulated plants. Never­ producer-handler were allowed to dispose adjusted for butterfat content and the theless, a rule for dealing with such situ­ of his surplus and obtain the uniform location of the unregulated plant from ations must be provided. In the absence price for such surplus. which the milk was received. of specific evidence as to the method of As long as the producer-handler has Although the use of the uniform price dealing with such receipts, it should be the advantage of enjoying the full bene­ as the subtrahend will not assure com­ provided that packaged milk received' fit of his own Class I route sales without plete removal of the minimum price from an unregulated plant will be treated sharing them with other producers he advantage which may exist for some the same as bulk milk. should not also receive Class I benefit milk for the reasons just stated, it never­ Producer-handler or governmental from a market pool at the expense of theless will serve to minimize this ad­ agency surplus, reconstituted milk, non- producers for any of his milk which he vantage in such cases. Generally, it Grade A milk. Certain milk by its very is unable to sell in such way. Surplus should be an equitable means of provid­ nature must be treated as surplus when milk purchases from producer-handlers, ing a reasonable measure of protection received at market pool plants regulated operating under another order have the to the regulatory plan. If subsequent ex­ by a Federal order and, therefore, must same potential for creating disorderly perience shows that such payment is not be assigned a surplus value. Two such marketing conditions as surplus from protecting the regulatory plan, then, on sources ~ST8~ milk receive I at a regulated producer-handlers operating in the local the basis of specific evidence, another .plant, in either bulk or packaged form, market. Therefore, no distinction in rate of payment or another plan will from a producer-handler (under any treatment should be provided. need to be devised. Federal order) or a plant of a govern­ As a means of carrying out the equal­ The order should provide, therefore, mental agency exempt from regulation. that milk received from producer- ization provided by market pooling, Another source is milk produced by the regulated handlers are required to pay handlers at a pool plant should first be reconstitution to fluid form of manu­ assigned to Class II milk at the pool this minimum uniform price to their own factured dairy products, such as fluid producers, and in addition, are required plant. If any is then assigned to Class I, skim milk made by the addition of water a payment into the producer-settlement to pay to the producer-settlement fund to nonfat dry milk. Still another source the full difference between the Class I fund at the Class I surplus price differ­ is milk of manufacturing grade (non- ence should be applied. price and such uniform price on all regu­ Grade A milk) which is not eligible for lated milk classified as Class I because disposition for fluid consumption in the Such rate of payment on receipts by of its use as fluid milk. Unregulated milk market. federally regulated handlers of milk similarly used as Class I milk by a reg­ As to milk from these sources a pay­ from producer-handlers was ratified by ulated handler likewise should carry a ment into the producer-settlement fund Congress at the time provisions of the payment to the producer-settlement at the difference between the Class I and Agricultural Adjustment Act of 1933, as . fund at least at the same rate as that surplus prices must be required of the amended in 1935, authorizing the issu­ required on regulated milk. receiving handler whenever such milk ance of milk orders, were reenacted by If the handler buys regulated milk is allocated to Class I, following “down the passage of the Agricultural Market­ at a price in excess of the uniform price, allocation” to the extent it can be ab­ ing Agreement Act of 1937. During the he receives no credit for this excess pay­ sorbed in lower priced uses. period between August 24,1935, and June ment in accounting to the producer- In this order, as in most other orders 3, 1937, the effective date of the latter settlement fund. Neither should he re­ the producer-handler is exempt from the Act, six Federal milk- orders were issued ceive credit for any amount paid for pooling and pricing provisions. This ex­ under such Agricultural Adjustment Act. unregulated milk iri excess of the uni­ emption is based on the principle that Two of such milk orders (Greater form price. Both the regulated and the producer-handler assumes the bur­ Kansas City, Mo., and Fall River, Mass.), unregulated milk, therefore, will be den of disposing of his milk supplies in placed in effect during this period, con­ credited at only the uniform price in excess of his Class I milk needs. Being tained provisions requiring handlers who accounting to the producer-settlement exempt from these provisions of the use bulk milk received from producer- fund. order makes it possible for the producer- handlers in other than the lowest priced These payments are not unfair or handler to retain the full return from his classification to pay the difference be­ burdensome to the dairy farmer supply­ Class I sales of milk on routes even tween the class use price and the lowest ing the unregulated plant, whose milk is though such sales are in competition class (surplus) price for such milk as used as Class I milk by a federally regu­ with regulated handlers. part of the handler’s total obligation for lated handler. The allowance of a credit Producer-handlers are primarily en­ milk. Such payment was distributed, to­ for milk from unregulated plants used gaged in the distribution of Class I milk. gether with the classified value of pro­ as Class I by the regulated handler at the Normally they do not maintain facilities ducer milk of the handler, through the uniform price level will provide oppor­ for processing and manufacturing any market pool.® tunity to the unregulated plant operator milk produced in excess of the Class I to pay his farmers at least the uniform needs. Because of seasonality of m ilk 3 7 U.S.C. sec. 672, which contains the codi­ Price on these Class I sales. The order production and for other reasons, pro­ fied language of sec. 4 of the Agricultural ducer-handlers will produce some milk- M arketing Agreement A ct of 1937, as am end­ in excess of their Class I needs. The best ed states in paragraph (a) “Nothing in this Pay this full uniform price to him. Act shall be construed as invalidating any available outlets for this surplus milk- marketing agreement, license, or order, or .T h e order must contain provisions of usually are to fully regulated plants in any regulation relating to or any provision of, this kind which adequately serve to re­ the market. In view of a producer-han­ or any act of the Secretary of Agriculture in late to the total scheme of regulation dler’s limited capacity for utilizing excess connection with any such agreement, li­ that milk received by regulated handlers supplies of milk, it is often economically cense or order which has been executed, is­ which is not subject to full regulation, advantageous for him to dispose of such sued, approved, or donë under secs. 601-608, otherwise, the very existence of the excess at surplus prices to regulated 608a, 608b, 608c, 608d-612, 613, 614-619, 620, market pool order may establish the con­ handlers. Such milk, therefore, would be 623, 624 of this title, but such marketing dition which makes impractical the at­ agreements, licenses, orders, regulations, pro­ available to regulated handlers at surplus visions, and acts are expressly ratified, legal­ tainment of the regulatory objective of prices. Under these circumstances, it ized, and confirmed.”

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11548 PROPOSED RULE MAKING Governmental agencies operating bot­ II. But should any manufacturing grade the importation of milk by a handler with tling plant(s) would be exempt from milk be assigned to Class I, a payment a higher proportion of milk in Class II regulation under the Miami Valley or­ into the producer-settlement fund at the than the market average because it would der. Because of this exemption fluid milk difference between the Class I and sur­ assign a disproportionate share of local products received at a pool plant from plus prices likewise would be necessary producers’ milk to Class n . such plants which they do not need for to remove the competitive advantage this The particular classification which is fluid use should be classified as Class II milk would have in relation to producer given to bulk transfers from other orders milk. Fluid milk products received by milk. Health authorities require that the will be within the control of the receiv­ such plants from a pool plant or a co­ source of milk eligible for fluid consump­ ing handler and there will be no mone­ operative association in its capacity as a tion (Grade A milk) must be identified. tary obligation placed on him for this handler should be Class I milk. Any receipts from unidentifiable sources milk by the receiving market order. In­ A surplus value likewise is properly as­ must therefore be treated as milk of asmuch as other Federal orders from signed to reconstituted milk (for in­ manufacturing grade. which milk might be received have pro­ stance, the result of combining nonfat Receipts from other order plants. The visions corresponding to those herein dry milk- or condensed milk with water). order should provide for the assignment adopted, the situation will not arise The products used in such reconstitu­ to Class I (i.e„ to be deducted from gross where milk transferred would be classi­ tion process are made from milk which Class I milk in the receiving plant) of fied as Class I in the shipping market always carries a manufacturing, or sur­ 98 percent of packaged fluid milk prod­ and Class n in this market since the plus value. Producer milk used to pro­ ucts received from a fully regulated plant same classification would apply in both duce such products is priced as surplus. under another order. The remaining 2 markets. Since the milk used to produce these percent should be assigned to Class II. Assigning the bulk receipts from other order plants to the handler’s system utili­ products is originally priced as surplus The 2 percent may be considered as a milk, payment into the producer-settle­ zation will prevent a handler with more safeguard against possible “overassign­ than one plant from discriminating ment fund at the difference between the ment” of milk to Class I in the originat­ Class I and surplus price is necessary to against either his own producers or those ing market (i.e., the assignment to such supplying the other Federal order market insure competitive equity with producer market of a transferred quantity which milk when reconstituted milk is used in is greater, from a practical standpoint, by importing milk not serving a bona fide Class I. No recognition should be given than normally can be disposed of as need for Class I use. It should be pro­ to processing costs involved in the manu­ Class I in the receiving market). Since vided, therefore, that assignments of in­ facture of the produets derived from un­ it is reasonable to expect some route re­ terorder bulk milk should be made over regulated milk and used in reconstitution, turns will be associated with intermarket all utilization of milk at all the handler’s since similar costs are incurred in proc­ transfers just as there are in connection regulated plants in the receiving mar­ essing produced milk into such products. with milk locally processed in the re­ ket. In this order allocation is on a plant- Nonfat dry milk and condensed milk ceiving market, a small allowance of 2 by-plant basis. Accordingly, provision is also may be added to fluid milk products percent for such returns, which must made herein that the allocation of bulk to increase the nonfat solids content thus receipts from other orders at a plant fall into surplus use, should be included shall be on a system basis, irrespective of making so-called “fortified” fluid milk to avoid such overassignment in Class I. products. The incentive for handlers to individual-plant accounting for other Prior to amendments to orders effec­ purposes of the order. use nonfat milk solids to fortify fluid tive August 1, 1964, a variety of classi­ milk products arises from the specific Handlers who receive milk from other fication methods had applied to inter­ orders or from unregulated plants should demands of consumers. The increased market transfers of bulk milk. Such a emphasis on low-fat diets and the high be precluded from transferring such milk variety of methods could not achieve the tp regulated plants of other handlers at nutritional value of nonfat solids in rela­ objective of appropriately integrating tion to their weight have contributed to a utilization higher than would have re­ into the respective regulatory schemes, sulted from a direct receipt at the second the increased demand for added nonfat in a uniform and consistent way, solids in fluid milk products. plant. Unless the order so provides it intermarket shipments of regulated would be possible to use a plant with Such products are distinguished from milk. Following the pattern of such high Class I utilization as a conduit for reconstituted products, however, in that amendments, “surplus” classification receiving milk from plants subject to the resulting volume of fluid product is (Class n milk) should apply whenever other orders and avoid the allocation not increased appreciably since no water the parties involved agree that the snip- provisions of the order which apply to is added. The essential economic differ- ment is for manufacturing use in the milk received directly from other orders énce in the use of milk solids for fortifi­ second market. A higher classification and from unregulated plants. cation of fluid milk products versus their would result only when it is found on use for reconstitution is recognized in the In any month in which bulk milk is verification that some portion of the received in the market (without agree­ class use definitions. The class use defi- milk could not have been used for manu­ ¡nitions, which provide that the fluid ment as to Class I classification on the facturing uses. This portion would then part of the handlers involved in the equivalent of the added solids shall be be reclassified as Class I. Class II (excepting the minor quantity transfer) it will be necessary that the ad­ of increase in volume of the fortified Interorder shipments of bulk milk ministrator in the shipping market know product), and the allocation provisions which are not classified as Class n by the classification of such milk on or which would assign the fluid equivalent agreement should be classified as Class about the date when handler reports are of solids used to Class II milk, accomplish I and Class n on the basis of the market­ due under that order. Since the report­ appropriate accounting and result in a wide utilization of producer milk. Such ing dates under orders are very similar, proper obligation against the handler. classification should be limited, however, it is possible the market administrator so that the quantity of milk assigned to may not have complete information to Milk of manufacturing grade is not Class II is not greater than the receiving compute his exact marketwide utiliza­ eligible for fluid (Class I) uses under the handler has utilized as Class n . tion of producer milk by the time the requirements of the health authorities The order should not provide for mar­ classification of a transfer is needed by in the market. In dual-purpose plants, the administrator in the shipping mar­ however, such milk could find its way ketwide proration of milk received from into Class I in the pool plant. The ap­ another order plant when the receiving ket. propriate value which attaches to such handler has a greater proportion of milk It is provided, therefore, that, when milk is the surplus price because such in Class II than the average in the re­ necessary, the market administrator will price accurately reflects its value as ceiving market. Marketwide proration of estimate the marketwide utilization of manufacturing milk only. The manu­ receipts of milk from other markets is producer milk for purposes of determin­ facturing value is the price which proc­ designed to deal primarily with milk re­ ing the allocation of bulk milk received essors pay for this grade of milk. ceived by a handler who is supplementing from other orders. Such estimate will be his local supply for Class I use. Receipts at a market pool plant of publicly announced to the nearest whole manufacturing grade milk therefore Marketwide proration would tend to percentage and, for this purpose, will be should be assigned first to use in Class encourage unduly and uneconomically final.

FEDERAI REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11549 Federal orders generally provide that plants in Minnesota and Wisconsin for different method of determining Class I the administrator of any order receiving the preceding month, as reported by the price levels. bulk milk from an other Federal order Department. Such price is adjusted to a Class II price. Except for skim milk will promptly notify the administrator 3.5 percent butterfat test by a butterfat used for cottage cheese, the price per of the shipping market of the allocation differential obtained by multiplying the hundredweight for Class H milk should of such milk so that a compatible clas­ Chicago butter price by 0.120. be the lesser of the Minnesota-Wisconsin sification on such milk may be applied Official notice is taken of the findings manufacturing price or a formula price under the shipping orders. Information in the decision of April 25,1967, support­ based on the market prices of butter and as to the classification of such milk must ing the amendment to the Dayton- nonfat dry milk. The Class II price for be passed on by the respective adminis­ Springfield order effective May 1, 1967, skim milk used in cottage cheese should trators to the handlers involved so that which established the basic formula be such lesser price plus 20 cents per handlers may know the basis of their price at a minimum of $4.05 for the pur­ hundredweight. obligation on such milk. This order pro­ pose of pricing Class I milk for each The major cooperative association pro­ vides similarly for such interchange of month for the period May 1, 1967, posed the following methods for pricing information. through April 1968. Such amendment Class II milk: (1) The lower of the basic Situations may arise where plants sub­ also provides for an addition of 20 cents formula price or a price resulting from a ject to this and another Federal order to the Class I price differential for each butter-nonfat dry milk formula for milk ship milk back and forth during the month through April 1968. Similar ac­ used in all Class II items other than same month (i.e., each plant ships milk to tion was taken in other Federal order cottage cheese, and (2) an additional the other plant). If such shipments are markets on the same decision. Such 25 cents for milk used to produce cottage of a similar nature (packaged milk, bulk pricing provisions are included in the cheese. milk designated for surplus disposal, or order set forth for similar reason. Proponent testified that the Class II bulk milk not so designated) only trans­ A differential over manufacturing price should be at a level that will per­ fers of milk between two plants which are milk prices is necessary to cover the mit the orderly movement of market not offset by an equal quantity of milk extra cost of meeting quality require­ reserves into manufacturing channels received from the second plant need be ments in the production of milk and to but not be so low that handlers will be considered. Since the classification of compensate for transportation costs to encouraged to procure milk supplies this milk in the shipping market is based the fluid market where such milk is con­ solely for the purpose of converting them upon its allocation in the receiving sumed. The differential thus provides a into Class II products. Proponent also market, only the net difference in trans­ necessary incentive for dairy farmers to stressed that the proposal would bring ferred quantities (in terms of butterfat produce and deliver an adequate supply about better alignment of Class II prices and skim milk separately as may be nec­ of pure and wholesome milk to meet con­ with neighboring markets. essary) need be allocated in the receiving sumer demands. Handler opposition was limited to the market. Otherwise, from a mechanical Monthly utilization of producer milk application of the 25-cent differential on standpoint, neither market could allo­ the price for producer milk used for cot­ cate receipts of milk to'"classes until all in Class I under the Dayton-Springfield tage cheese as proposed. They contended milk had been classified, including the order generally has ranged from 69 to 87 percent. For the periods 1965 and 11 that (1) the proposed differential would shipment to the other market. create misalignment of prices with other 5. Class Prices and Location Differen­months in 1966, utilization of producer milk in Class I averaged 78.45 and 77.2 markets for such use, placing Dayton tials—Class I prices. Minimum class handlers at a price disadvantage on cot­ prices should be established at a level percent, respectively. At such utilization tage cheese sales, particularly on sales which will assure the maintenance of an levels, sufficient milk has been available to satisfy bottling needs and to provide in other markets, (2) competitive pricing adequate, but not excessive, supply of is essential under today’s improved pack­ quality milk for the marketing area, and a generally adequate reserve. Milk sup­ plies have been neither excessive nor aging and rapid transportation, (3) at the same time assure the orderly dis­ cottage cheese processors should not be position of the necessary market reserve short for any prolonged period. Adoption of the present method of computing required to subsidize the butter-nonfat supply. dry milk manufacturer, and (4) cottage The present Dayton-Springfield order, Class I prices should tend to promote under the expanded order a reasonable cheese sales are in a declining trend na­ which applies to more than 77 percent tionally. One handler engaged in cottage of the milk which would be covered by balance between producer milk supplies and Class I sales and thus be in con­ cheese production suggested a price dif­ the new Miami Valley order, provides for ferential on milk for cottage cheese of a monthly Class I price computed by formance with the pricing requirements of the statute. The relatively small addi­ 15 cents over other Class n milk. adding $1.24 per hundredweight to a basic Official notice is taken of the Under formula price. This amount is subject to tional receipts and sales to be included Secretary’s decision of February 21, 1962 a supply-demand adjustor which re­ through expansion of the marketing area (27 F.R. 1802), to incorporate the Minne­ flects changes in the relationship of should not make a significant difference sota-Wisconsin price series in the Day­ market receipts and sales for the Dayton- in the application of the supply-demand adjustor now in use. ton-Springfield order as well as 35 other Springfield and Cincinnati markets orders throughout the Midwest as the combined. The proponent cooperative as­ The Class I price in this market should basic formula price for computing the sociation proposed the continuation of have, of course, a reasonable relation­ Class I price. Such decision found that such pricing formula and no objections ship to Class I price levels in other the Minnesota-Wisconsin price series is were raised at the hearing. markets of the region because the main a more appropriate measure of manu­ A Class I price determined by adding sources of supply for this market are facturing milk values for such use in the a differential to a basic formula price contiguous to or overlapping with those orders than the basic price formulas gives appropriate reflection to the eco­ of existing Federal order markets. There which had been used previously. nomic factors underlying changes in the is a substantial intermarket relation­ Because of its importance in reflecting general level of prices for milk and man­ ship of supply and demand conditions manufacturing milk values the Minne­ ufactured dairy produces. The market for a n v therefore, a close similarity of sota-Wisconsin price series also has been manufactured dairy products is nation­ Class I price levels is desirable. Such incorporated as the surplus use price in wide and the prices for such products and other markets are outlets for most pro­ many orders throughout the Midwest. the milk used in them reflect, to a large ducers who supply this market. Also, Normally, this price series will establish extent, changes in general economic con­ milk supplies under the other orders a reasonable level of price for milk used ditions affecting the supply and demand represent ready alternative sources of for most manufactured milk products for milk. The formula reflects such fac­ supply for this market. As discussed not requiring Grade A milk. tors automatically. below under location differentials, the The basic formula price for Class I appropriate intermarket alignment calls Typically, the proprietary handlers in for the application of the same Class I this market process fluid milk, and in pricing presently used in the Dayton- some cases cottage cheese and ic^ cream. kpringfield order is the average price price throughout the entire marketing They do not engage to any great extent Paid dairy farmers at manufacturing area. There were no proposals for a in processing storable dairy products

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11550 PROPOSED RULE MAKING such as butter, nonfat dry milk, or hard ducer milk for cottage cheese produc­ Grade A milk and some transportation cheese. The great bulk of the milk in tion. Under the State of Ohio Health cost is involved when competitive cottage excess of fluid needs is handled by the Code they are required to have this milk cheese is distributed from other markets cooperative through its own manufactur­ or ingredients from milk of equivalent in local competition. ing plant which is primarily a nonfat dry quality. The largest population centers The addition of 20 cents possibly could milk plant, although it is also used as a in the defined marketing area are Day- affect a handler’s competitive position in “balancing” plant for the fluid market. ton and Springfield, which represent the selling in other markets, although such Actually, a substantial number of the principal market outlets for the cottage amount is equivalent to less than 12 handlers have “full supply” contracts cheese produced by handlers. cents per pound on the finished product with the cooperative under which they As found above, producer milk dis­ varying somewhat depending on yield. need accept only the amount of producer posed of in manufacturing uses should Milk should not be priced under this milk they request. The cooperative offers be priced under the order at a level order, however, at a level which en­ such contracts to all handlers. Most of which will result in the orderly market­ courages a milk supply of such propor­ the market’s reserve milk which cannot ing of such milk. Within this concept, tions that local handlers are induced to be used in cottage cheese or ice cream is however, the price level should be that seek substantial cottage cheese outlets in moved to the association’s manufactur­ which will provide the highest possible other markets. Milk supplies are not ex­ ing plant or, on occasion, to other plants returns to producers. If there is addi­ cessive in this market in relation to the where butter and spray process nonfat tional value in producer milk for cottage Class I requirements of local handlers dry milk are-the principal items pro­ cheese purposes, such value should be and should be directed to Class I uses duced. reflected in the returns to producers. to the greatest extent possible. The Minnesotâ-Wisconsin manufac­ In this market handlers choosing not The special Class II price should apply turing price will reasonably reflect sur­ to use producer milk in making cottage up to the amount of skim milk in pro­ plus milk values in this area under most cheese would need to import dry cottage ducer milk assigned to the handler’s cot­ circumstances. However, in considera­ cheese curd or nonfat dry milk. In either tage cheese utilization. Within this limit, tion of the importance of butter and case, the quality of the other source milk the charge should apply even though the nonfat dry milk as the final uses when would have to be equivalent to that of handler uses some nonfat dry milk or dry no other outlets are available, it is appro­ local producer milk since manufacturing curd in making cottage cheese. This is priate that an alternative Class H price grade milk may not be used for this consistent with the regulatory scheme of become effective whenever the Minne­ product. the order whereby producer milk gener­ sota-Wisconsin price exceeds by more There are no dependable sourcës of ally has priority assignment to highest- than 10 cents their per hundredweight graded milk for this purpose within the priced uses over other source milk in a value as reflected by product prices on normal milkshed area from which pro­ form interchangeable with it for the uses the open market. ducer milk is supplied to the markfet. involved. Further there is considerable competi­ The only nearby milk of the necessary The charge should not apply, however, tion in some Class II products by han­ quality is attached to other fluid mar­ in the case of cottage cheese curd which dlers in this and the other nearby mar­ kets in Ohio and Indiana and would be a handler has imported for use in mak­ kets as well as overlapping of market available only sporadically. In view of ing cottage cheese. This cottage cheese supply areas. This formula will providè the cost involved in purchasing milk, curd is not interchangeable with pro­ a close intermarket alignment of prices dry curd or nonfat dry milk from more ducer skim inilk for the manufacturer of on milk for those products not requiring distant sources, some differential above other Class H products. Thus, its assign­ Grade A milk since a similar formula is the general level of the Class II price ment to other Class II uses in order that in use in neighboring markets. adopted herein is reasonable to reflect producer skim milk could be assigned to The revised Class II price formula, ap­ the factor of milk quality and cost cottage cheese production would not be plied to 1966 data, results in an increase involved. appropriate. The 20-cent charge should in the Class H price. The 1966 weighted It is reasonable that the return to pro­ be applicable to both the skim milk used average price for all Class II milk at test ducers above the regular Class II price by the handler in making cottage cheese (about 4.99 percent) under such amend­ should at least partially offset the cost curd and the skim milk contained in ments would have been about 6 cents per which they have incurred to deliver milk cream which he may subsequently add to hundredweight higher. Official notice is to the handler at the city location for the curd in making creamed cottage taken of the statistical announcements cottage cheese, as compared to putting cheese. of the market administrator since the it to manufacturing use. A 20-cent Butterfat differentials. Milk in each close of the hearing. differential over the lesser of the Min­ class is priced to handlers at a basic test The order should provide also for a nesota-Wisconsin price or the butter- of 3.5 percent, subject to adjustment for price differential on skim milk in pro­ nonfat dry milk formula price should variations in the proportions of skim ducer milk which is used to produce cot­ achieve this purpose while maintaining milk and butterfat used in each class. tage cheese over the general level for such outlet for producer milk. This is accomplished by adjusting the producer milk used in other manufac­ Testimony of handlers contended that class prices to each handler by appro­ tured products. the differential proposed by producers priate butterfat differentials. The major cooperative association sup­ might place them at a competitive dis­ The values resulting from multiplying plying milk to the market proposed that advantage relative to handlers in other the Chicago butter price by 0.120 for the price for milk used for cottage markets who would have a somewhat Class I milk and 0.115 for Class II milk cheese be fixed at a 25-cent differential lower cost. Handlers pointed out that will provide an appropriate means for over the lower of the Minnesota-Wis- they are competing for cottage cheese adjusting the prices in the market for , consin price or the butter-nonfat dry sales in other areas, some of which are each one-tenth percent variation in the milk formula price as discussed above. at a considerable distance from Dayton, butterfat content of milk used in various Proponent testified that milk for cottage where local cottage cheese need not be products. Use of the Chicago butter price cheese has an additional value because made from graded milk. In support of as a basis for establishing butterfat dif­ the revised State of Ohio Health Code this position one handler specifically ferentials provides assurance for both requires that only milk of the same in­ proposed limiting the differential to 15 producers and handlers that such differ­ spected quality as is required for fluid cents per hundredweight over the lower entials will reflect changes in butterfat milk products maj be used. It was con­ of the producers’ proposed formula values on the national market. tended further that although cottage prices. Producers’ proposal to reduce the Class cheese sales vary to some extent sea­ Under normal circumstances the ap­ I butterfat differential to 0.12. times the sonally, it is produced on a year-round plication of a 20-cent differential should average butter price (presently 0.127) basis, requiring a regular supply of milk, not adversely affect the handlers’ com­ and the Class II butterfat differential to and accounts on the average for nearly petitive position in the Miami Valley 0.115 (presently about 0.12) times the 35 percent of all Class n milk. market. There would be additional cost butter price, should be adopted. They ob­ Handlers in this market currently rely involved to substitute prepared curd or jected to the reduction in the total value entirely on local Grade A supplies of pro­ nonfat dry milk derived from outside of Class I milk, which has occurred in

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11551 recent years due to the present Class I in line with the cost of moving milk to Exception was taken to (1) use of mul­ bvtterfat differentials and the declining the market, designed to bring about tiple basing points, (2) location differen­ butterfat content of all Class I milk. It price uniformity f.o.b. market to han­ tials for plans located less than 70 miles was their position that with the decrease dlers who may receive milk for Class I from Dayton, and (3) the establishment in demand for butterfat in fluid milk use from different sources at varying of a rate of less.than 12 cents for such products, the butterfat differential should distances from the market. distance. The recommended decision be reduced in order that the nonfat solids Fluid-milk products, because of their provided for a rate of 6 cents for outlying portion of milk would more nearly reflect bulky, perishable nature, incur a rela­ plants located more than 50 miles from its proportion of the Class I value. tively high transportation cost. The value the nearest of five basing points. The The average butterfat content of Class at the distant pcint is thereby reduced increase in rate to 9 cents will reflect the I milk decreased from about 3.65 percent compared to milk delivered directly from same 1.5 cents per 10-mile adjustment in 1957 to 3.4 percent in 1966. This de­ the farm to a distributing plant in the for nearby plants as now provided for crease reflects the general decline in the market. Providing location differentials more distant plants and approximates butterfat content of most Class I milk related to the cost of moving milk to the cost of transporting milk to market products. Sales in 1966 of Class I products the market is necessary to insure price by efficient means. It is a rate that has of 3.5 percent butterfat content or more, uniformity under the order of Class I been generally-accepted for use in Fed­ decreased an average of about 2.5 per­ milk among handlers, regardless of their eral milk orders and is in line with the cent, from 1965. On the other hand, Class sources of supply. proposal of the producer association to I products of less than 3.5 percent butter­ Handlers distribute milk in this mar­ which no objection was made. Such re­ fat content increased an average of about ket from plants which are npt located vised schedule will maintain Class I 17 percent. These low-fat products have in one central'city, but rather are located prices at plants at various locations increased from about 19 percent of total in several cities in and near the market. which are reasonably aligned with prices Class I sales in 1965 to about 23 percent Most handlers distribute milk through­ in other nearby markets and provide an in 1966, reflecting a continuing upward out the marketing area. If price uniform­ equitable basis for intermarket competi­ trend in the sales of such products in ity for Class I milk is to be maintained tion in procurement. For reasons given recent years. among handlers, the same Class I price above, multiple basing ¡joints are re­ Producers further requested a lower should apply to all plants within this tained. Exceptor’s request to use a single Class II butterfat differential to reduce compact marketing area] The same Class basing point (Dayton) therefore is the value of butterfat which must be I price has applied to all such plants un­ denied. used in manufactured products. The de­ der the present order. Further, the ap­ Uniform prices to be paid producers clining use of butterfat in Class I prod­ plication of no location adjustment with­ supplying plants at which location differ­ ucts has resulted in more butterfat used in this area should assure an adequate entials are applicable likewise should be in Class II products. They pointed out supply of milk for these handlers com­ adjusted on similar basis to reflect the that because most nearby Federal order peting in the same area for producer value of the milk at the plant where markets use the proposed Class II factor milk supplies. received from the farm. in their formulas, it is essential to have From all locations within or near the No location adjustment should apply like factor to assure the orderly dispo­ marketing área adopted herein, milk can to Class n milk. Manufactured dairy sition of surplus milk from this market in move efficiently from farms directly to products are much less perishable and competition with other markets. The pro­ pool distributing plants without assem­ the components of manufactured prod­ posed Class II butterfat differential is in bly at supply plants. At present all pro­ ucts may be transported in manufac­ line with differentials of the nearbjrCin- ducer milk moves to pool distributing tured form. The record does not indicate cinnati and Northwestern Ohio markets plants in this manner. Thus, it is not pos­ that there is value in the milk used for and will contribute to uniformity of sible to distinguish differences in the manufacturing purposes which can be pricing for Class II milk in these markets. value of producer milk delivered directly equated to plant location with respect Thus, the lower Class II butterfat differ­ to plants within such area. Consequently, to this market. ential will remove any price disadvantage no location adjustrhents should be ap­ Location differentials to handlers on to the association in handling reserve plicable within the marketing area. Class I milk are credited from pool funds milk for the market. Therefore, the pro­ There were no proposals for a different and are deductible from returns to pro­ ducers’ proposal should be adopted. method of determining Class I price ducers computed at the f.o.b. market The producer butterfat differential has levels. Class I value. They therefore should be the purpose of prorating returns among For milk received at a plant located held to the minimum which will accom­ producers to the extent their milk differs outside the marketing area and beyond modate the movement of the necessary from the basic 3.5 percent butterfat test. 50 miles from any of several basing supplies of milk to fulfill the require­ The butterfat differential thus used in points, location adjustments should ap­ ments of the Class I market. As pre­ making uniform price payments to pro­ ply. Such adjustments should apply to viously stated, this market has been sup­ ducers should be calculated at the aver­ milk classified as Class I and, with cer­ plied, up to the present, almost entirely age value for use of producer butterfat tain limitations, to fluid milk products by milk shipped directly from farms to in the two classes. This would be the transferred from such a plant to an­ pool distributing plants. There is not average of the Class I and Class n butter­ other pool plant as Class I milk. The now, and never has been, a supply plant fat differentials weighted by the propor­ basing points from which location ad­ attached to this market other than thè tion of butterfat in producer milk classi­ justment credits would be computed “market equalization” plant of the local fied in each class. Thus, producer returns should be the main Post Offices in Day- cooperative association located at Day- for butterfat will reflect changes in the ton, Piqua, Springfield, Urbana, and Wil­ ton. While the market has relied to a use of their butterfat in each class. mington, Ohio. No location adjustment minor extent upon sources other than Since the Class I butterfat differential would apply at any plant located outside producer milk to fulfill Class I demands, herein adopted is identical to that pres- the marketing area which is within 50 it is desirable for marketing efficiency ^tly used for the producer butterfat miles of the nearest of such basing points. that the direct-shipped milk be utilized differential, and Class I butterfat rep­ Use of these basing points, which rep­ to the fullest extent possible for Class I resents -about 70 percent of the total resent sizable communities located near purposes. Under usual conditions, this butterfat, only a minor reduction in the the perimeter of the marketing area, will milk should be assigned to Class I use Producer butterfat differential will occm insure a constant level of Class I price àt the handlers’ plant before transpor­ because of the reduction of the Class II throughout the marketing area. tation allowance is given for milk im­ butterfat differential. The Class I price applicable at more ported from distant plant sources. Location differentials. The Class I anc distant plants should be reduced nine Some tolerance should be allowed, uniform prices should be adjusted for the cents if the plant is more than 50 miles however, in the assignment to Class I location of the plant at which the mill; from the nearest basing point, plus an of milk brought in from pool supply is received. additional 1.5 cents for each 10 miles or plants. A representative of certain Wis­ The major producer association pro­ fraction thereof that such distance ex­ consin cooperatives suggested that milk posed a schedule of location adjustments, ceeds 60 miles. from supply plants be prorated to Class

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 No. 154-----6 11552 PROPOSED RULE MAKING I along with direct-delivered producer plants. In fact, certain similarities of producers. The order should contain pro­ rhilk for the purpose pf providing loca­ function between supply plants and re­ visions which describe the means where­ tion adjustment. credits. The effect of load points were referred to in the rec­ by payments made by handlers for this proposal would be to increase the ord. Proponent also stated its belief that milk at class prices are converted to uni­ amount of transportation credit avail­ producer identification would be assisted form prices to be paid to producers. The able to cover the cost of importing dis­ where distant milk is involved. provisions should specify also the terms tant plant supplies as needed to supple­ A representative of certain Wisconsin under which such payments must be ment nearby producer milk. cooperatives and a representative of the made. The greater the amounts deducted for State of Wisconsin opposed the location The order should provide for market­ transportation the lower the uniform pricing of milk at reload points, as pro­ wide pooling of the value of producer price will be. At present the market is posed by the local cooperative, on the milk used by all handlers. Under a mar- fully supplied with milk costing the di­ basis that it might result in less oppor­ ketwide pool, the total money obligation rect-ship producer an average of 27 cents tunity for distant milk to compete for of all handlers in the market is combined per hundredweight to deliver to market. market outlets in the Miami Valley mar­ to compute a uniform price applicable If the order is to encourage the procure­ keting area. A Dayton handler expressed to all producer milk. To accomplish this ment of milk for the market at the low­ opposition to adoption of a reload-point purpose it is necessary that there be an est possible cost, the direct-ship pro­ definition at this time on the ground that exchange of money among handlers such ducers should not have to pay for the reload points are not a significant factor that each handler is enabled to pay the transportation of their own milk and, in at this time and that more experience is marketwide uniform price. The transfer addition, help to pay for the importation needed to develop a proper application. of money would be made through a pro­ of more distant milk at a significantly This record does not show a sufficient ducer settlement fund, as hereinafter higher transportation cost unless they need for differentiating the pricing of discussed, operated by the market ad­ are unable to fulfill the market's needs milk at reload points based on their ministrator. at reasonable prices. location. Each handler would pay into the pro­ In the event, however, a handler needs At present there are five points in the ducer-settlement fund any plus differ­ more distant milk, his cost should not be milkshed at which the bulk tank milk of ence of the value of his producer milk at excessive in relation to those handlers producers is reloaded. All such reload class prices over its value at the market with adequate quantities of direct-ship points are located within 70 miles of uniform price. A handler whose producer milk. Therefore, if the handler receiving Dayton. Reloading is done at the con­ milk has a lesser use value at the class the milk from the pool supply plant has venience of the hauler, presumably for prices than at the market uniform price direct-delivered producer milk supplies efficiency in transportation. As in the would receive payment at such difference less than 110 percent of his Class I milk case of direct shippers, the producers in­ from the producer-settlement fund. This during the month, milk received from volved pay the full hauling charge for the arrangement enables each handler to pay pool supply plants should be assigned to distance Jjetween their farms and the the uniform price to producers irrespec­ Class I on a pro rata basis with the direct- distributing plant in the market where tive of his own use of milk. The operation shipped milk, other order milk and un­ the milk is received. Individual producer of marketwide pooling as applicable in regulated supply plant milk subject to milk weight and butterfat test data ac­ this market would be subject to a modifi­ location credit. company the milk to the plant. cation commonly known as a seasonal This pro rata assignment to Class I There has been no experience in this incentive (“Louisville”) plan, described disposition in the pool distributing plant market with more distant reload opera­ elsewhere in these findings. of all producer milk, whether received di­ tions although the association’s proposal The Dayton-Springfield order has pro­ rectly from producers’ farms or from an­ presumes that in such cases the handler vided for marketwide pooling for the other pool plant, will reduce whatever would incur the hauling cost between the more than 20 years of its operation in cost advantage handlers purchasing milk reload point and his distributing plant. the market. The continuance of market­ directly from producers’ farms enjoy as While the latter is likely in the case of wide pooling was proposed by the coop­ compared to those who purchase some milk moved from supply plants, it may erative association supporting the^ ex­ milk from supply plants. not necessarily be the case, however, with pansion of the order to a larger To mitigate any abuse of location cred­ respect to reloaded milk. We believe a marketing area. It proposed marketwide its the assignment of Class I milk to wiser course is to gain further experi­ pooling to insure that each producer sup­ transferor plants should be made in each ence with reloading operations in order plying the market will receive his pro rata instance, first at plants at which no loca­ that any provision for pricing reloaded share of returns for the Class I and Class tion adjustment credit is applicable, and milk may take into account factors and II utilization. Marketwide pooling is con­ then in sequence beginning with the experience which could not be explored sidered necessary in this market to pre­ plants at which the lowest amount of on this record. For these reasons, the vent unequal allocation of the burden of adjustment credit would apply. For pur­ proposed definition of reload point for market reserves on producers. There was poses of uniformity, the same provision pricing purposes is denied. no objection at the hearing to this meth­ would apply to any shipment of bulk or Use of equivalent prices. If for any rea­ od of pooling. packaged fluid milk products between son a price quotation or factor required The marketwide pooling of returns to pool plants. by the order for computing class prices producers will promote efficient handling The major cooperative association or for other purposes is not available in of milk in the area as expanded. The proposed to include in the order a defini­ the manner described, the order should enlarged marketing area and its supply tion of “reload point.” Their purpose in provide for use of a price or factor deter­ area encompass a fairly wide geographi­ establishing the reload point was to pro­ mined by the Secretary to be equivalent cal territory in which the supply of milk vide location pricing at points beyond 70 to that specified. As indicated in the par­ readily available for some plants varies miles of Dayton where bulk tank milk tial decision on this record issued Febru­ considerably from the supply at others. is reloaded and commingled en route to ary 14, 1967, there may be unavoidable Most handler plants disposing of milk distributing plants in the Miami Valley occasions when a price or factor ordi­ in the proposed marketing area have lit­ market as well as at supply plants. While narily employed in the order becomes tle, if any, facilities for manufacturing there are no reload points beyond such unavailable. Including a provision in the reserve milk. Such plants normally limit distance from the market at this time, order for determination of an equivalent their receipts of producer milk to the proponent stated that a reload point will leave no uncertainty with respect to quantity needed for Class I and procure definition would assist to modernize the the procedure which shall be followed in supplemental supplies for Class I use as regulatory program. the absence of any price quotation or needed. In contrast to the present situation, factor and thereby will prevent any un­ One of the cooperative’s plants is the the producers’ proposal would price pro­ necessary interruption in the operation major manufacturing facility and pro­ ducer milk at more distant reload points of the order and its important pricing vides an available outlet through which (beyond the 70-mile radius from Day- function. proprietary handlers can readily market ton) on the basis of the schedule of loca­ 6. Revising and reissuing the entiresurplus milk. Thus, the latter plant is tion differentials applicable for supply order—(a) Distribution of proceeds to able to carry adequate supplies of milk

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11553 on a year-round basis. The marketwide Northeastern Ohio (f.o.b. market) blend eastern Ohio market without allowance pool will enable any handler who has prices compared to Dayton-Springfield for the relative distances of the markets manufacturing facilities or the coopera­ (f.o.b. market) blend prices. from the producer’s farm, a proper com­ tive association to handle reserve sup­ The representative of the principal parison which nevertheless may favor plies and yet be able to pay producers the cooperative association, which represents the Northeastern Ohio market does not same price as is paid by handlers who do a large majority of producers on the adequately support elimination of the not assume the responsibility of carry­ market, opposed elimination of the sea­ Louisville plan from this market. It may ing the necessary reserve. sonal incentive plan. As earlier stated, simply indicate that the other market As earlier stated, a large part of the the association is the principal handler may be a more lucrative one for the milk supply for handlers in this market of reserve milk on this market, botlr producer’s milk. The proposed elimina­ is furnished by the cooperative associa­ weekly and seasonally. This witness tion of the Louisville seasonal pricing tion on a full supply basis. A marketwide pointed out that average daily deliveries plan therefore is denied. pool also will make it possible for han­ per producer for the fall months have Producer-settlement fund. Inasmuch dlers, including any cooperative asso­ substantially improved from 82 percent as all producers will receive payment at ciation, to divert to nonpool plants re­ of spring month deliveries in 1953 (the the marketwide uniform price each serve milk supplies when these are not first year of the Louisville plan), tp about month (adjusted during certain months needed by pool plants but return to the 98 pereent of such deliveries in 1959-63. for “Louisville plan” payments), and be­ producers of such milk the uniform price. He observed, on the other hand, that cause the payment due from each Without marketwide pooling, the main immediately following a reduction of handler at the applicable class prices burden of the Class n returns could fall withholding rates in 1964, the seasonality may be more or less than he is required upon members of the cooperative asso­ of producer deliveries increased some­ to pay directly to his producers, a specific ciation. The handling of reserve milk by what. The ratio of fall deliveries to spring method of balancing these differences is the cooperative is a necessary service to deliveries achieved in the years 1959- necessary. the market in insuring an adequate sup­ 63, decreased to 95 percent in 1966. For this purpose the order should ply at all times. The cooperative’s witness contended that provide for a producer-settlement fund A marketwide pool, on the other hand, to remove the seasonal priding incentive to be operated by the market adminis­ will result in equitable distribution would (1) necessitate, at increased cost trator. A handler whose obligation at among all producers of the lower re­ to the market, facilities to handle the class prices according to his utilization turns from reserve milk rather than increase in volume of producer milk is more than he is required to pay his placing the burden of such milk on cer­ surplus in the spring months, which producers, shall pay such difference into tain producers. It will thereby contribute would be costly to maintain during other the producer-settlement fund. A handler to market stability and the attainment periods of decreased production, and (2) who is required to pay less according to of an adequate and dependable supply of disrupt the seasonal alignment of prices his utilization than he is required to pay producer milk for the market. with nearby markets. his producers shall receive such differ­ The “Louisville seasonal pricing plan” The primary purpose of the seasonal ence from the producer-settlemenlrfund. should be retained. production incentive plan is to induce For efficient functioning of the fund, a The Louisville seasonal pricing plan dairy farmers to increase fall production reasonable operating reserve should be under the Dayton-Springfield order pro­ in relation to spring production, thus to set aside each month to cover such con­ vides for the withholding from the uni­ encourage a more even pattern of milk tingencies as the failure of a handler to form price for each of the months of deliveries throughout the year. It pro­ pay his monthly billing promptly or for April, May, June, and July, respectively, vides a continuing inducement to dairy making additional payments due a han­ of 20, 25, 25, and 20 cents per hundred­ farmers to increase production during dler from the fund by reason of audit weight of producer milk. Accumulated the period of greatest Class I demand adjustments. The reserve would be a re­ funds are paid back to producers on their and at the time of the year when produc­ volving fund to be adjusted each month September, October, November, and tion costs tend to be highest. The Louis­ by withholding from the pool computa­ December milk on the basis of the follow­ ville plan is the main incentive (other tion not less than four cents nor more ing percentages of such monies:. 20, 30, than the relatively small seasonal than $ cents per hundredweight of pro­ 30, and 20 percent, respectively. The changes in the basic formula price) pro­ ducer milk. One-half of the unobligated Louisville plan provision has been vided for maintaining seasonal produc­ reserve so accumulated would be added amended twice since its adoption in 1953. tion in line with Class I sales and thus to the next monthly pool in computing In 1957, the month of September was reducing the burden of handling sea­ the uniform price. This would continue added as one of the “pay-back” months. sonal surplus to the benefit of all the same arrangement as is currently In April 1964, the “take-put” rates were producers. in operation under the Dayton-Spring­ reduced for April, May, June, and July We are in accord with the view that field order. from 20,35, 35, and 30 cents, respectively, greater efficiency in handling the milk If the balance in the producer-settle­ to 20,25,25, and 20 cents. supply will be achieved if an even pattern ment fund is insufficient to cover the A dairy farmer representing a small of production exists and that the Louis­ payments due handlers, the market group of producers on the Dayton mar­ ville plan should be continued as a means administrator should uniformly reduce ket proposed elimination of the Louis­ of insuring this condition. payments per hundredweight to such ville plan. He contended that producers While these western Ohio counties are handlers. In order to minimize such are now able to produce milk in a more an area of common supply for the Day­ occurrences, milk received by any even seasonal pattern than when the ton-Springfield and Northeastern Ohio handler who has failed to make the Louisville plan was adopted some 14 markets, dairy farmers who ship milk required payments for the preceding years ago. Furthermore, that this at­ directly to the Northeastern Ohio market month would not be included in the tainment of a relatively even seasonal will incur hauling charges reflecting the computation of the uniform price. The production fulfills the purpose of the greater distance to the Northeastern remaining amounts due such handlers Louisville plan and thus the plan is no Ohio marketing area. Plants located in should be paid as soon as the balance in longer needed. He stated that the plan the Northeastern Ohio market area are the fund is sufficient to meet such pay­ withholds monies during the spring at least 150 miles from this supply area ments. Producers, in turn, must receive months when farmers most need their while the distance to Dayton-Springfield full payment from handlers. returns from milk for the purchase of outlets is 60 miles or less. Any Northeast­ Any payments on partially regulated farm supplies. He stated further that ern Ohio regulated plant located in this milk received by the market adminis­ monies which must be borrowed by pro­ supply area would be subject to a location trator from any handler also would be ducers during the spring months to meet adjustment of 22 cents (based on 150- expenses carry a higher interest rate mile distance). deposited in the producer-settlement than those earned by funds withheld for' While levels of minimum blend prices fund. Money thus deposited would be Payment back to producers in the fall for the Dayton-Springfield market may included in the uniform price computa­ Pay-back” months. In further support not be appropriately compared to the tion and thereby distributed to all he pointed to higher returns possible at minimum blend price level for the North­ producers on the market.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11554 PROPOSED RULE MAKING Payments to producers and coopera­ elation will be better able to discharge virtually eliminate the type of problem tive associations. Each handler should its responsibilities to its members and presented by the cooperative. pay each producer (for whom payment give service to the market. The record evidence fails to show a is not made to a cooperative association) A handler also should be required to history of late or delinquent payments not less than the uniform price, adjusted pay a cooperative association for all milk required to be made by handlers regu­ by butterfat and location differentials, purchased during the month from such lated by the Dayton-Springfield order. for milk received from him. Provision association in its capacity as a handler Without more indication of a need for should be made also for a cooperative on or before the 16th day of the follow­ the proposed provisions to solve a mar­ association, if it so desires, to receive ing month. In the event the cooperative keting problem for producers or their payment at the uniform price for pro­ is the handler for producer milk delivered . cooperatives or some administrative ducer milk marketed by it to other directly (including milk reloaded from problem which may not be resolved by handlers. Payment to the individual one tank truck to another) from the the changes adopted herein, it would producer should be made on or before farm to another handler’s plant, such be difficult to find on the evidence that the 17th day of the following month. A payment should be made at not less than the plan proposed by the producers is a partial payment covering milk he de­ the uniform price adjusted by the ap­ necessary feature of an order in this livers during the first 15 days of the plicable butterfat and location adjust­ market at this time. Such plan therefore month should be made on or before the ments. For other milk which a coopera­ is denied. 27th day of such month. These are the tive may deliver from its plant to another (b) Administrative provisions. Certain present arrangements under the Day- handler’s plant, payment should be at other provisions are needed in the order ton-Springfield order. the class prices according to the classifi­ to carry out the administrative steps nec­ The Dayton cooperative’s proposed cation of milk transferred. essary to accomplish the purposes of the rate of partial payment to producers proposed regulation. Except for updating At the time settlement is made for of language for clarity and consistency, or cooperatives of the Class n price milk received from producers the han­ rounded to the nearest 50 cents, should these terms are generally the same as dler should be required to furnish to have applied for many years under the be adopted. It was the cooperative’s posi­ each producer (or his cooperative as­ tion that the partial payment should Dayton-Springfield order to more than sociation) a supporting statement. This 77 percent of the milk which will be sub­ more nearly reflect changes in the Class statement should show the pounds and H price rather than does the present ject to pricing under the Miami Valley butterfat tests of milk received from order. The proponent cooperative asso­ schedule of fixed rates. The fixed rates such producer, the rate of payment for in the present order have been sub­ ciation testified as to their importance such milk and the description of any and requested their continued applica­ stantially less than Class II prices in re­ deduction claimed by the handler in cent periods. tion under the expanded order. order that the producer may know the (1) Terms and definitions. In addition A handler opposed the proposed rate basis on which he is paid. of partial payment on the basis it would to the definitions discussed earlier in this The principal cooperative association decision which establish the scope of represent an excessive “investment” on proposed a revision in the presently em­ the part of handlers. This handler ob­ regulation, certain other terms and defi­ ployed method by which producers re­ nitions are desirable for the purpose of jected to paying producers for their milk ceive payment for milk from handlers. prior to his receipt of payment for fin­ brevity and to assure that each use of The association proposal would replace the term implies the same meaning. Such ished products made from the milk. the present system with one under which The arrangement elected by the terms, as : defined in the attached order, each handler would pay into the pro­ are common to most Federal orders. handler for receiving payment for his ducer-settlement fund his full class price finished products should not be a factor (2) Market administrator. The order use value of milk and the market ad­ should provide for the appointment by to postpone a timely and reasonable ministrator would take over the task of partial payment rate to producers. It the Secretary of a market administrator paying the individual producers (or in to administer the order and should set is therefore concluded that the partial some cases their cooperatives) at the payment of the Class 33 price (rounded forth powers and duties of the market uniform price. Reasons given by pro­ administrator. to the nearest 50 cents) for milk deliv­ ponent in support of this proposal were ered to a handler during the 15 days (3) Records and reports. Provisions that (1) it would identify the handler’s should be included in the order requiring of the month, on the 27th of the month total cost of milk with his obligation to should be provided. handlers to maintain adequate records The Act provides for the payment by the producer-settlement fund, and (2) of their operations and to make the it would definitely establish a date of reports necessary to establish the proper handlers to cooperative associations for producer payment on a uniform basis milk delivered on behalf of members and classification and pricing of milk and permits the reblending of all proceeds among all handlers. payments due producers for milk. Ob­ from the sale of member milk. There­ One handler who purchases consider­ viously, time limits must be prescribed fore, each handler, if so requested, able quantities of milk from nonmem­ for filing such reports and for making should pay a cooperative association ber producers testified in opposition to payments to producers. Similarly, dates with respect to producers for whom it the adoption of these proposed payments must be established for the announce­ is authorized to collect the full amount to the producer-settlement fund. This ment of prices by the market admin­ due for their milk, in lieu of making handler and nonmember producers ship­ istrator. payments to the individual producers. ping milk to his plant indicated their It is essential that handlers’ reports Handlers should be required to pay preference to continue to be paid for be submitted to the market adminis­ the association 1 day before payment is their milk by the handler. trator not later than the seventh day of required to ^e made to individual pro­ The proposed producer payment plan each month. The market administrator ducers. This will enable the association should not be adopted. The problem should announce the uniform price for to pay producers for whom it markets- raised concerning prompt payment for the previous month’s milk on or before milk on the same date that other pro­ milk seemed to be related to the pro­ the 12th day of each month. The market ducers are to be paid by handlers. An vision of the present order which per­ administrator should also notify han­ association, however, should provide for mits the cooperative association and the dlers of the amount due on milk handled reimbursement of any loss incurred be­ handler to come to an agreement as to during the month on or before the 12th cause of an improper claim. which of them will be accountable to the day after the end of the month to per­ The collection of payments for milk of pool for milk marketed. -Contrarily, the mit sufficient time for handlers to submit producers for whom it markets milk will requirement of the revised provision will payments due to the producer-settlement assist an association in facilitating the be. that the handler must account to fund on or before the 14th day after the transfer and diversion of milk among the cooperative at not less than the uni­ month. The payroll report of each han­ handlers and aid in the orderly move­ form price and will be required to pay dler should be submitted to the market m ent-of reserve milk to other plants to the market administrator any balance administrator on or before the 20th day either by transfer or diversion for manu­ of his classiflèd use value over its value of each month. It should include such facturing use. Thus, a cooperative asso- at the uniform price. This revision should information as weights, butterfat tests,

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11555 payments for milk and authorized other source milk allocated to Class I parable to those of a fully regulated deductions.' (except milk so assessed under another handler and such assessment is sub­ Handlers must maintain and make Federal order) and receipts from a co­ stantially the same as for a fully regu­ available to the market administrator all operative association in its capacity as lated handler. records and accounts of their operations a handler of bulk tank milk. There is reason to believe, however, which are necessary to determine the The maximum rate of administrative that in some instances such an assess­ accuracy of the information reported to assessment of two cents per hundred­ ment might make possible a financial ob­ the market administrator or any other weight herein adopted is identical with ligation under the order in excess of his information upon which the classifica­ the rate currently in effect under the total obligation through the alternative tion of producer milk depends. The mar­ Dayton-Springfield order and is appro­ of electing to make a payment into the ket administrator likewise must be per­ priate for the Miami Valley order. This producer-settlement fund. From the mitted to check the accuracy of weights rate appropriately provided funds for the financial standpoint such a situation and tests of milk and milk products re­ market administrator to meet the neces­ provides little practical alternative to ceived and handled and to verify all pay­ sary cost of administering the Dayton- such handler but to pay the required pool ments required under the order. Springfield order. Since the funds from payment. In order to give more mean­ Detailed reports to the market admin­ this rate of assessment have proved ade­ ingful effect to the choice of an alterna­ istrator by handlers would be used also quate for the expense of prior adminis­ tive, the pro rata share of the adminis­ to determine whether plants qualify as tration of that regulation, it is expected trative expense of the order should be pool plants. that this rate will likewise provide ade­ the regular assessment rate applied to The market administrator should re­ quate funds to cover the initial adminis­ such milk as is actually disposed of as port' to each cooperative association, trative costs in establishing this regula­ Class I in the regulated area that exceeds which so requests, the percentage of milk tion. The quantity of milk to be covered Class I milk received from other regu­ delivered by its members and utilized is only moderately increased from that lated plants or other order plants, irre­ in each class at each pool plant receiving subject to the present Dayton-Spring­ spective of whether the option to pay into such milk. For the purpose of this report field order. the producer-settlement fund is elected the percentage of members’ milk in each This order specifies minimum perform­ by the unregulated distributor. pool plant should be prorated in the pro­ ance standards which must be met to In the case of unregulated milk which portion that producer milk was utilized obtain regulated status. With certain enters the market through a fully regu­ by that handler. These reports are neces­ specified exceptions, operators of plants lated plant , for Class I use, it is the sary for cooperative associations to mar­ not meeting such standards would, under regulated handler who utilizes the un­ ket their member milk efficiently so that the provisions included in this decision, regulated milk and who must report to available producer milk will be chan­ be required to either make specified pay­ the market administrator the receipt and neled to Class I uses to the fullest extent ments into the producer-settlement fund use of such milk as well as on all other possible. on route distribution in the marketing milk received and utilized. Also, the re­ It is necessary that handlers retain area in excess of offsetting purchases of ceipts and utilization of all milk at his records to prove the utilization of the Federal order Class I milk or otherwise plant are subject to verification by the milk received and that proper payments pay into such fund and/or dairy farmers, market administrator. It is concluded, were made therefor. Since the books of an amount not less than the full classi­ therefore, that the regulated handler all handlers associated with the market fied use -value of receipts (computed as should be responsible, as under the cannot be audited immediately, it is nec­ though such plant were a fully regulated present Dayton-Springfield order, for essary that such records be kept for a plant). payment of the administrative assess­ reasonable period of time. The order The market administrator, in admin­ ment with respect to such unregulated should provide limitations on the period istering an order as it applies to the milk. of time handlers shall be required to nonpool route distributor, must incur The market administrator must have retain books and records and on the expenses in essentially the same man­ funds sufficient to enable him to admin­ period of time in which obligations ner as in applying the order to pool ister the order. The order is designed to under the order should terminate. handlers. Partial regulation (as pre­ share this cost equitably among all The obligations of any handler under scribed) of such distributor does not, handlers distributing milk in the pro­ the order shall terminate 2 years after however, provide the same benefits to posed marketing area. However, to pre­ the last day of the month during which such handler as accrue to the fully vent duplication an assessment should the market administrator receives the regulated handler; i.e., the privilege of not be made on other source milk on handler’s utilization report on the milk participation in the market pool and which an assessment was made under involved in such obligation, unless the assurance of uniform price payments to another Federal order. handler fails or refuses to make avail­ his dairy farmers. Provision should be made so that the able all required books and records or a If the nonpool route distributor elects Secretary may reduce the amount of the handler’s obligation involves fraud or to make a payment on his in-area sales administrative assessment without the willful concealment of a fact. The provi­ at the difference between the Class I necessity of amending the order. The rate sions made in this order are identical in price and the uniform price for the mar­ can thus be reduced when experience principle to those adopted for all milk ket, the expenses incurred by the market indicates a lower rate will be sufficient to orders in operation on July 30, 1947, fol­ administrator in administering the terms provide adequate funds for the adminis­ lowing the Secretary’s decision of Janu­ of the order on such handler are nominal tration of the order. ary 26, 1949 (14 F.R. 444). Official notice and payment of the administrative as­ (5) Marketing service. Provisions, of such decision is taken. The reasons for sessment on his in-area sales reasonably should be made in the order for provid­ such provisions as are set forth in that would constitute his pro rata share of ing for marketing services to producers, decision are similarly applicable to the administrative expense. such as the verification of tests and situation in this market and the provi­ In the situation where such a distribu­ weights of producer milk and furnishing sions should be adopted in this order for tor for any reason actually pays his dairy them with market information. The proper administration. farmers the full use value of their milk services should be provided by the market 4. Expense of administration. The Act (computed at order price) it has in the administrator and the cost should be requires handlers to pay the cost of oper­ past on the basis of substantial record borne by producers for whom the services ating.an order through an assessment on evidence in promulgation hearings, are rendered. A qualified cooperative as­ milk handled. Each handler should be been found necessary in many areas to sociation, approved for such activity by required to pay to the market adminis­ require payment by such distributor of the Secretary, may perform such services trator, as his proportionate share of the an administrative assessment on his for its member producers in lieu of such cost of administering the order, 2 cents, total receipts of milk in order to defray services by the market administrator. or such lesser amount as the Secretary the costs of complete plant auditing to There is need for continuing the may prescribe, on all receipts within the verify the utilization and payments as marketing service program in connection month of producer milk, including milk claimed. In large measure, such a dis­ with the administration of the order of such handler’s own production, any tributor’s operations are more com­ in this area. Orderly marketing will be

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11556 PROPOSED RULE MAKING promoted by assuring individual pro­ plant of a cooperative association), (1) Receipts of producer milk (includ­ ducers that they have obtained accurate “other source milk” and “route disposi­ ing such handler’s own production) ; weights and tests of their milk. Complete tion”; “reports of receipts and utiliza­ (2) Other source milk allocated to verification requires that butterfat tion”; “Class n milk price”; and “compu­ Class I pursuant to §§ 1034.45(a) (4) and tests and weights of an individual pro­ tation of the net pool obligations of each 1034.45(a) (8) and the corresponding ducer’s deliveries as reported by the pool handler”. These clarifications of steps of § 1034.45(b) ; and handler are proved to be accurate. order provisions will assist in the effective (3) Packaged Class I milk disposed An additional phase of this market administration of the order. of from partially regulated distributing service program is to furnish producers Rulings on proposed findings and con­ plants as route disposition in the mar­ with current market information. Effi­ clusions. Briefs and proposed findings keting area that exceeds the hundred­ ciency in the production, utilization and and conclusions were filed on behalf of weight of Class I milk received during marketing of milk will be promoted by certain interested parties. These briefs, the month at such plants from pool providing for the dissemination of cur­ proposed findings and conclusions and plants and other order plants. rent market information on a market­ the evidence in the record were con­ Rulings on exceptions. In arriving at wide basis to all producers. sidered in making the findings and con­ the findings and conclusions, and the To enable the market administrator to clusions set forth above. To the extent regulatory provisions of this decision, furnish these marketing services, pro­ that the suggested findings and con­ each of the exceptions received was care­ vision should be made for a maximum clusions filed by interested parties are fully and fully considered in conjunc­ deduction of 6 cents per hundredweight inconsistent with the findings and con­ tion with the record evidence pertaining with respect to receipts of milk from pro­ clusions set forth herein, the requests to thereto. To the extent that the findings ducers for whom he renders marketing make such findings or reach such con­ and conclusions, and the regulatory pro­ services. This is the same rate as now clusions are denied for the reasons visions of this decision are at variance provided in the Dayton-Springfield previously stated in this decision. with any of the exceptions, such excep­ order and it has provided funds neces­ General findings. The findings and tions are hereby'Overruled for the rea­ sary to conduct the program under that determinations hereinafter set forth are supplementary and in addition to the sons previously stated in this decision. regulation at the time of promulgation. Marketing agreement and order. An­ If later experience indicates that findings and determinations previously marketing services can be performed at made in connection with the issuance of nexed hereto and made a part hereof a lesser rate, provision is made in this the aforesaid order and of the previously are two documents entitled, respectively, order whereby the Secretary may adjust issued amendments thereto ; and all of - “Marketing Agreement Regulating the the rate downward without the necessity said previous findings and determina­ Handling of Milk in the Miami Valley, of a hearing. In the event a qualified co­ tions are hereby ratified and affirmed, Ohio, Marketing Area”, and “Order operative association has been deter­ except insofar as such findings and Amending the Order Regulating the mined to be performing such marketing determinations may be in conflict with Handling of Milk in the Miami Valley, services for its members, handlers would the findings and determinations set forth Ohio, Marketing Area”, which have been be required to pay to the cooperative herein. decided upon as the detailed and appro­ association such deductions as are au­ (a) The tentative marketing agree­ priate means of effectuating the fore­ thorized by its producer members. ment and the order, as hereby proposed going conclusions. (6) Adjustment of errors. T h e co­ to be amended, and all of the terms and It is hereby ordered, That all of this operative association proposed a revision conditions thereof, will tend to effectuate decision, except the attached marketing in the time requirement applicable to the declared policy of the Act; agreement, be published in the Federal payment of monies due various persons (b) The parity prices of milk as R egister. The regulatory provisions of when errors are discovered on audit of determined pursuant to section 2 of the said marketing agreement are identical any handler’s reports, books, records, or Act are not reasonable in view of the with those contained in the order as accounts. Under the present Dayton- price of feeds, available supplies of feeds, hereby proposed to be amended by the Springfield order audit adjustments re­ and other economic conditions which attached order which will be published sulting in monies due are paid on the affect market supply and demand for with this decision. date of the next scheduled payment m iiir in the marketing area, and the Referendum order; determination of specified in the particular section of the m in im u m prices specified in the proposed representative period; and designation order under which such adjustment oc­ marketing agreement and the order, as of referendum agent. It is hereby di­ curred. Pursuant to the proposal such hereby proposed to be amended, are such rected that a referendum be conducted adjustments would be carried to the next prices as will reflect the aforesaid factors, to determine whether the issuance of payment date if they were discovered less insure a sufficient quantity of pure and the attached order regulating the han­ than five days before the date ordinarily wholesome milk, and be in the public dling of milk in the Miami Valley, Ohio, due. interest; and marketing area, is approved or favored The provision relating to “adjust­ (c) The tentative marketing agree­ by the producers, as defined under the ment of errors” should be expanded to ment and the order, as hereby proposed terms of the order, as amended and as cover audit adjustments resulting in to be amended, will regulate the handling hereby proposed to be amended, and monies due the market administrator of milk in the same manner as, and will who, during the representative period, from a handler and a handler from the be applicable only to persons in the were engaged in the production of milk market administrator, as well as from respective'classes of industrial and com­ for sale within the aforesaid marketing the handler to a producer or cooperative mercial activity specified in, a marketing area. association. Such adjustments should be agreement upon which a hearing has The month of June 1967 is hereby de­ paid to the appropriate person on or be­ been held; termined to be the representative period fore the next date for making final pay­ (d) All milk and milk products han­ for the conduct of such referendum. ment under the section in which such dled by handlers, as defined in the order Fred W. Issler is hereby designated error occurred. The evidence failed to as hereby amended, are in the current agent of the Secretary to conduct such indicate the necessity for postponing of interstate commerce or directly bur­ referendum in accordance with the pro­ such payment where discovery is made den, obstruct, or affect interstate com­ cedure for the conduct of referenda to within 5 days of the next payment date, determine producer approval of milk as proposed. The revisions made will im­ merce in milk or its products; and (e) It is hereby found that the neces­ marketing orders (7 CFR 900.300 et seq.), prove administrative practice. Such re­ such referendum -to be completed on or vised provisions should assure prompt sary expense of the market administrate r for the maintenance and functioning of before the 30th day from the date this payment of monies found due upon audit decision is issued. and provide sufficient time for payment. such agency will require the payment by (c) Clarifying changes have been made each handler, as his pro rata share of Signed at Washington, D.C., on Au­ in other provisions which were pointed such expense, 2 cents per hundred­ weight or such amount not to exceed 2 gust 7, 1967. out in exceptions. These changes relate G eorge L. Mehren, to the definitions of “distributing plant”, cents per hundred weight as the Secre­ Assistant Secretary. “supply plant”, “pool plant” (balancing tary may prescribe, with respect to: FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUS T 10, 1967 PROPOSED RULE MAKING 11557 Order1 Amending the Order Regulating Sec. (5) It is hereby found that the neces­ the Handling of Milk in the Miami 1034.86 A djustm ents of errors. sary expense of the market administra­ Valley, Ohio, Marketing Area 1034.87 M arketing services. 1034.88 Expense of adm inistration. tor for the maintenance and function­ Definitions ing of such agency will require the pay­ Sec. Effective T im e, Suspension or T ermination ment by each handler, as his pro rata 1034.1 Act. 1034.90 Effective time. share of such expense, 2 cents per hun­ 1034.2 Secretary. 1034.91 Suspension or term ination. 1034.3 dredweight or such amount not to ex­ Department! 1034.92 C ontinuing power an d duty of the ceed 2 cents per hundredweight as the 1034.4 Person. market administrator. 1034.5 Cooperative association. Secretary may prescribe, with respect 1034.93 Liqu id atio n after suspension or ter­ to: 1034.6 Miami Valley, Ohio, marketing area. m ination.. 1034.7 Producer. (i) Receipts of producer milk (includ­ 1034.8 Handler. Miscellaneous Provisions ing such handler’s own production) ; 1034.9 Producer-handler. 1034.10 Plant. 1034.100 Term in atio n of obligations. (ii) Other source milk allocated to 1034.11 Distributing plant. 1034.101 Agents. Class I pursuant to § 1034.45(a) (4) and 1034.12 Supply plant. 1034.102 Separability of provisions. (8) and the corresponding steps of 1034.13 Pool plant. Authority: The provisions of this Part § 1034.45(b) ; and 1034.14 Nonpool plant. 1034 issued under sections 1-19, 48 Stat. 31, (iii) Packaged Class I milk disposed of 1034.15 Producer milk. as amended; 7 U.S.C. 601-674. 1034.16 Fluid milk product. from partially regulated distributing 1034.17 Other source milk. § 1034.0 Findings and determinations. plants as route disposition in the mar­ 1034.18 Route disposition. keting area that exceeds the hundred­ The findings and determinations here­ weight of Class I milk received during Market Administrator inafter set forth are supplementary and the month at such plants from pool 1034.20 Designation. in addition to the findings and determi­ plants and other order plants. nations previously made in connection 1034.21 Powers.- Order relative to handling. It is there­ 1034.22 Duties. with the issuance-of the aforesaid order and of the previously issued amendments fore ordered, that on and after the ef­ Reports, Records, and Facilities thereto ; and all of said previous findings fective date hereof the handling of milk 1034.30 Reports of receipts and utilization. and determinations are hereby ratified in the Miami Valley, Ohio, marketing 1034.31 Other reports. and affirmed, except insofar as such find­ area shall be in conformity to and in 1034.32 Payroll reports. ings and determinations may be in con­ compliance with the terms and condi­ 1034.33 Records and facilities. tions of the aforesaid order, as amended 1034.34 flict with the findings and determina­ Retention of records. tions set forth herein. and as hereby amended, as follows: Classification (a) Findings upon the basis of the The provisions of the proposed mar­ 1034.40 Skim milk and butterfat to be clas­ hearing record. Pursuant to the provi­ keting agreement and order amending sified. sions of the Agricultural Marketing the order contained in the recommended 1034.41 Classes of utilization. Agreement Act of 1937, as amended (7 decision issued by the Deputy Adminis­ 1034.42 Shrinkage. U.S.C. 601 et seq.), and the applicable trator, Regulatory Programs, on June 8, 1034.43 Transfers. rules of practice and procedure govern­ 1967, and published in the F ederal R eg­ 1034.44 Computation of the skim milk and ing the formulation of marketing agree­ ister on June 15, 1967 (32 F.R. 8591; butterfat in each class. F.R. Doc. 67-6621), subject to revisions 1034.45 Allocation of skim milk and butter­ ments and marketing orders (7 CFR fat classified. Part 900), a public hearing was held of §§ 1034.11, 1034.12, 1034.13 (a) and 1034.46 Responsibility of handlers. upon certain proposed amendments to (c), 1034.15 (introductory text), 1034.17 the tentative marketing agreement and (a)(1), 1 0 3 4 .1 8, 1034.30(a) (l)(i), Min im u m Prices to the order regulating the handling of 1034.45, 1034.52(b), and 1034.54(a); and 1034.50 Basic formula price. milk in the Miami Valley, Ohio, market­ addition of § 1034.70(g) shall be and are 1034.51 Class I milk prices. ing area. Upon the basis of the evidence the terms and provisions of this order 1034.52 Class H milk prices. introduced at such hearing and the rec­ amending the order and the order is set 1034.53 Butterfat differentials to handlers. forth in full herein. 1034.54 Location adjustment to handlers. ord thereof, it is found that: 1034.55 Use of equivalent prices. (1) The said order as hereby amended, D efinitions Application of Provisions and all of the terms and conditions § 1034.1 Act. thereof, will tend to effectuate the de­ 1034.60 Producer-handlers and governmen­ tal agencies. clared policy of the Act; “Act” means Public Act No. 10, 73d 1034.61 Plants subject to other Federal (2) The parity prices of milk, as de­ Congress, as amended, and as reenacted orders. termined pursuant to section 2 of the and amended by the Agricultural Mar­ 1034.62 Obligation of a handler operating a Act, are not reasonable in view of the keting Agreement Act of 1937, as partially regulated distributing price of feeds, available supplies of feeds, amended (7 U.S.C. 601 et seq.). plant. and other economic conditions which § 1034.2 Secretary. Determination of P rices to P roducers affect market supply and demand for milk in the said marketing area, and “Secretary” means the Secretary of 1034.70 Computation of the net pool obliga­ Agriculture of the United States or any tion of each pool handler. the minimum prices specified in the 1034.71 Computation of uniform price. order as hereby amended are such prices officer or employee of the United States as will reflect the aforesaid factors, in­ authorized to exercise the powers or to P ayments sure a sufficient quantity .of pure and perform the duties of the Secretary of 1034.80 Time and method of payment for wholesome milk, and be in the public Agriculture. producer milk. interest; § 1034.3 Department. 1034.81 Butterfat differential to producers. 1034.82 Location differentials to producers (3) The said order as hereby amended, “Department” means the U.S. Depart­ and on nonpool milk. regulates the handling of milk in the ment of Agriculture or any other Federal 1034.83 Producer-settlement fund. same manner as, and is applicable only agency authorized to perform the price 1034.84 Payments ^fco producer-settlement to persons in the respective classes of reporting functions of the U.S. Depart­ fund. industrial or commercial activity spec­ ment of Agriculture. 1034.85 Payments out of the producer-set­ ified in, a marketing agreement upon § 1034.4 Person. tlement fund. which a hearing has been held; (4) All milk and milk products han­ “Person” means any individual, part­ 1 This order shall not become effective nership, corporation, association, or unless and until the requirements of § 900.14 dled by handlers, as defined in the order other business unit. °f the rules of practice and procedure as hereby amended, are in the current governing proceedings to formulate market­ of interstate commerce or directly bur­ § 1034.5 Cooperative association. ing agreements and marketing orders have den, obstruct, or affect interstate com­ been met. “Cooperative association” means any merce in milk or its products; and cooperative marketing association of

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11558 PROPOSED RULE MAKING producers which the Secretary deter­ aged and from which route disposition (b) A supply plant from which during mines, after application by the associa­ is made within the marketing area; the month the volume of fluid milk prod­ tion: (b) Receives from pool plants or other ucts shipped to and received at plants (a) To be qualified under the provi­ order plants during the month fluid milk qualified pursuant to paragraph (a) of sions of the Act of Congress of February products of not more than 2,500 pounds ; this section and route disposition from 18, 1922, as amended, known as the (c) Has route disposition consisting such plant within the marketing area, if “Capper-Volstead Act”; only of skim milk and butterfat obtained any, is not less than 50 percent of the (b) To have full authority in the sale from pool plants or other order plants volume of Grade A milk received from of milk of its members and is engaged in in the form of fluid milk products or from dairy farmers at such plant (including making collective sales of or marketing his own production; receipts from a handler pursuant § 1034.8 milk or milk products for its members; (d) Receives no .milk from other (c) but not receipts of other milk on and dairy farmers ; and diversion pursuant to § 1034.15). Any (e) The maintenance, care and man­ supply plant which is qualified by reason (c) To have all of its activities under of meeting the required percentage of the control of its members. agement of the herd(s) and other re­ sources necessary to the production, this paragraph during the months of Au­ § 1034.6 Miami Valley, Ohio, marketing processing and packaging of own-farm gust through March shall continue to be a rea . milk are the personal enterprise and risk so qualified for the following months of The “Miami Valley, Ohio, marketing of such person. April through July even if the required percentage pursuant to this paragraph area”, hereinafter called the “market­ § 1034.10 Plant. ing area”, means all the territory geo­ is not met in the latter months, unless graphically within the places listed be­ “Plant” means the land and buildings such operator requests the market ad­ low, including all premises wholly or together with their surroundings, facili­ ministrator in writing that such plant partly therein occupied by government ties» and equipment constituting a single should not be so qualified, such revised (municipal, State, or Federal) reserva­ operating unit or establishment which is status to be effective the first month fol-, tions, installations, institutions, or other operated exclusively by one or more per­ lowing such notice and thereafter until similar establishments : sons and used for the bulk handling or the plant requalifies under this section processing of milk or milk products. on the basis of shipments. Ohio Counties (c) A plant, other than a distributing Champaign. Greene. § 1034.11 Distributing plant. plant, operated by a cooperative associa­ Clark. Miami. “Distributing plant” means a plant tion if, during the month, more than 50 Clinton (except Montgomery. which is approved by any duly consti­ percent of the total milk supply of pro­ Clark, Green, Jef- Preble, tuted health authority for the processing ducer members of such cooperative as­ ferson, and Wash­ or packaging of milk for fluid consump­ ington Town­ sociation is shipped to one or more dis­ ships) . tion in the marketing area and from tributing plants of other handlers which during the month route disposition qualified under paragraph (a) of this § 1034.7 Producer. is made. section either from such plant of the co­ “Producer” means any person, except § 1034.12 Supply plant. operative association or pursuant to a producer-handler as defined in any § 1034.8(c), except that on written re­ order (including this part) issued pur­ “Supply plant” means a plant in which quest for nonpool status made to the suant to the Act, who produces milk in some milk approved by any duly consti­ market administrator prior to the be­ compliance with inspection require­ tuted health authority for fluid consump­ ginning of any month, the plant shall be ments of a duly constituted health au­ tion in the marketing area is assembled a nonpool plant for such month and for thority for fluid consumption in the and shipped in bulk as a fluid milk each of the succeeding 11 months in marketing area which milk is (a) re­ product to a distributing plant. which it does not qualify pursuant to ceived at a pool plant, or (b) diverted § 1034.13 Pool plant. paragraph (a) or (b) of this section on as producer milk pursuant to § 1034.15. the basis of shipments. “Pool plant” means a plant specified in “Producer” shall not include any such § 1034.14 Nonpool plant. person with respect to milk which is fully paragraph (a), (b), pr (c) of this section, subject to the class pricing and producer except the plant of a producer-handler “Nonpool plant” means any milk re­ payment provisions of another order is­ or a plant exempt pursuant to § 1034.61. ceiving, manufacturing or processing sued pursuant to the Act. (a) A distributing plant from which plant other than a pool plant. The fol­ lowing categories of nonpool plants are § 1034.8 Handler. during the month: (1) Route disposition made within thp further defined as follows: “Handler” means : marketing area is at least 15 percent of (a) “Other order plant” means a plant (a) Any person who operates one or its total route disposition; that is fully subject to the pricing and more pool plants ; and pooling provisions of another order (b) Any cooperative association with (2) At least 50 percent of the total re­ issued pursuant to the Act. respect to producer milk diverted from ceipts of Grade A milk at such plant from (b) “Producer-handler plant” means a pool plant to another pool plant or to dairy farmers, other plants (excluding a plant operated by a producer-handler a nonpool plant ; receipts of bulk fluid milk products from as defined in any order (including this (c) Any cooperative association with other plants which are assigned as Class part) issued pursuant to the Act. respect to producer milk it delivered n milk pursuant to § 1034.45(a) (5) (i) (c) “Partially regulated distributing directly from the farm to the pool plant and (iii) and (10)), and cooperatives as plant” means a nonpool plant that is of another handler in a tank truck or handlers pursuant to § 1034.8, including neither an other order plant nor a pro­ trailer owned or operated by, or under any such milk diverted to other plants ducer-handler plant from which there contract to, such cooperative association pursuant to § 1034.15 by the handler op­ is route disposition in the marketing for its account; erating such plant, is route disposition area during the month. (d) Any person who operates a par­ during each of the months of August (d) “Unregulated supply plant” means tially regulated distributing plant; through January, at least 45 percent a nonpool plant that is neither an other (ë) A producer-handler; and February and March, and at least 40 per­ order plant nor a producer-handler plant (f ) Any person who operates an other cent during other months, except that a and from which fluid milk products are order plant described in § 1034.61. plant which qualifies as a pool plant by shipped to a pool plant. § 1034.9 Producer-handler. complying with the preceding require­ § 1034.15 Producer milk. “Producer-handler” means any person ments of this subparagraph during the who meets all of the following condi­ immediately preceding month shall con­ “Producer milk” means all skim milk tions: tinue to be a pool plant during the cur­ and butterfat contained in milk of any (a) Operates a dairy farm and a dis­rent month even if the minimum per­ producer, other than milk received at a tributing plant in which milk from his centage requirement for the current pool plant by diversion from a plant at own production is processed and pack­ month is not met. which such milk would be fully subject

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11559 to pricing and pooling under the terms plant store or through vendor or vending (h) Verify handlers’ reports and pay­ and provisions of another order issued machines) of any fluid milk product to ments to the extent necessary, by any pursuant to the Act, which is: a retail or wholesale outlet either directly appropriate means including audit of the (a) Received during the month at one or through a distribution point other handler’s records and, if made available or more pool plants; than a plant. of the records of any other person upon (b) Diverted during the month by a Market Administrator whose utilization the classification of handler from a pool plant to another skim milk or butterfat depends. pool plant; or § 1034.20 Designation. (i) Publicly announce (by posting in (c) Diverted by a handler from a pool The agency for the administration of a conspicuous place in his office and by plant to a nonpool plant for not more this part shall be a market administra­ such other means as he deems appro­ than one-third of the days of delivery priate) : during any month from August through tor, appointed by the Secretary, who shall be entitled to such compensation (1) On or before the sixth day of each March, and for not more than two-thirds month the minimum price for Class I of the days of delivery during any month as may be determined by, and shall be subject to removal by the Secretary. milk pursuant to § 1034.51 and the Class from April through July. Producer milk- I butterfat differential p u rsuant to diverted by a handler shall be priced at § 1034.21 Powers. § 1034.53 (a) both for the current month, the location of the plant to which The market administrator shall have and the minimum price for Class H diverted; the following powers with respect to this milk pursuant to § 1034.52 and the Class (d) Received by a cooperative asso­ part: n butterfat differential pursuant to ciation in its capacity as a handler pur­ (a) To administer its terms and pro­ § 1034.53(b) both for the preceding suant to § 1034.8(c), in addition to that visions; month. pursuant to paragraph (a) of this sec­ (b) To receive, investigate and report (2) On or before the 12th day after tion; and to the Secretary complaints of violations ; the end of each month the uniform price (e) Delivered in a farm tank pickup (c) To make rules and regulations to computed pursuant to § 1034.71 and the truck, except that delivered by a coop­ effectuate its terms and provisions; and butterfat differential computed pursuant erative association as a handler pursuant to § 1034.81 for such month. to § 1034.8(c), to more than one pool (d) To recommend to the Secretary plant shall be deemed to have been re­ amendments thereto. (j) Notify on or before the 12th day ceived at the first pool plant where any § 1034.22 Duties. after the end of each month each han­ of the milk is withdrawn from the tank dler who reported pursuant to § 1034.30 truck. The market administrator shall per­ of: form all duties necessary to administer (1) The amount and value of such § 1034.16 Fluid milk product. the terms and provisions of this part. handler’s milk in each class computed “Fluid milk product” means milk, skim His duties shall include but not be limited pursuant to § 1034.45 and § 1034.70; milk, flavored or cultured milk or skim to those specified in this section. (2) The uniform price computed pur­ milk, buttermilk, concentrated milk, (a) Within 30 days following the date suant to § 1034.71; and sweet or sour cream, and any fluid mix­ on which he enters upon his duties exe­ (3) The amount to be paid by such ture of cream and milk or skim milk, cute and deliver to the Secretary a bond handler pursuant to §§ 1034.62, 1034.84, including prepared milk shake mixes effective as of the date on which he 1034.87, and 1034.88 and the amount, if containing less than 15 percent total enters upon his duties as market admin­ any, due such handler pursuant to milk solids. The term includes these istrator and conditioned upon the faith­ § 1034.85. products in fluid, frozen (except cream), ful performance of such duties, in an (k) On or before the 12th day after fortified or reconstituted form, but does amount and with surety thereon satis­ factory to the Secretary. the end of each month report to each not include sterilized cream in hermet­ cooperative association for such month ically sealed metal or glass containers, (b) Employ and fix the compensation with respect to each pool plant, the utili­ eggnog, ice cream mix, or other frozen of such persons as may be necessary to zation on a pro rata basis of producer dessert mixes, aerated cream products, enable him to administer the terms and milk, payment for which is to be made storage cream, cultured sour mixtures provisions of this part. to such cooperative association pursuant disposed of as other than sour cream un­ (c) Obtain a bond in a reasonable to § 1034.80. less labeled as a Grade A product, and amount, and with satisfactory surety therein, covering each employee who (l) Whenever required for purpose of evaporated or condensed milk or skim allocating receipts from other order milk in either plain or sweetened form. handles funds entrusted to the market administrator. plants pursuant to § 1034.45(a) (9) and § 1034.17 Other source milk. (d) Pay, out of the funds provided by the corresponding step of § 1034.45(b), Other source milk” means all skim § 1034.88, the cost of his bond and of the the market administrator shall estimate milk and butterfat contained in or rep­ bonds of his employees, his own com­ and publicly announce the utilization (to resented by: pensation, and all other expenses (except the nearest whole percentage) in each (a) Receipts during the month in the those incurred under § 1034.87) neces­ class during the month of skim milk and form of fluid milk products except: (1) sarily incurred by him in the mainte­ butterfat, respectively, in producer milk Producer milk (including own farm pro­ nance and functioning of his office and of all handlers. Such estimate shall be duction), (2) fluid milk products re­ in the performance of his duties. based upon the most current available ceived from other pool plants either by (e) Keep such books and records as data and shall be final for such purpose. transfer or diversion, and (3) sterilized will clearly reflect the transactions pro­ (m) Report to the market administra­ cream received and disposed of in the vided for in this part, and, upon request tor of the other order, as soon as pos­ same hermetically sealed metal or glass by the Secretary, surrender the same to sible after the report of receipts and utili­ container; » his successor or to such other person as zation for the month is received from a (b) Products other than fluid milk the Secretary may designate. handler who has received fluid milk products from any source (including (f) Publicly disclose to handlers and products from an other order plant, the those produced at the plant) which are producers, unless otherwise directed by classification to which such receipts are reprocessed, repackaged, converted into the Secretary, the name of any person allocated pursuant to § 1034.45 pursuant or combined with another product during who, within 2 days after the day upon to such report, and thereafter any change the month; and which he is required to perform such in such allocation required to correct er­ (c) Any disappearance of nonfluidacts, has not made (1) reports pursuant rors disclosed in verification of such milk products not otherwise accounted to §§ 1034.30 and 1034.32 or (2) pay­ report. for. ments pursuant to §§ 1034.80, 1034.84, (n) Furnish to each handler operating § 1034.18 Route disposition. 1034.86,1034.87, and 1034.88. a pool plant who has shipped fluid milk (g) Submit his books and records to products to an other order plant, the Route disposition” means a delivery examination by the Secretary and fur­ classification to which the skim milk and (including that custom-packaged for an­ nish such information and reports as butterfat in such fluid milk products were other person, and disposition from a the Secretary may request. allocated by the market administrator

No. 154----- 7 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11560 PROPOSED RULE MAKING of the other order on the basis of the re­ and 1034.62(b) shall make reports to the litigation or when the records are no port of the receiving handler; and, as market administrator at such time and longer necessary in connection therewith. necessary, any changes in such classifica­ in such manner as the market adminis­ Classification trator may request.' tion arising in the verification of such § 1034.40 Skim milk and butterfat to be report. § 1034.32 Payroll reports. (0) Prepare and make available for classified. the benefit of producers, handlers and (a) Each handler pursuant to § 1034.8 All skim milk and butterfat required consumers, statistics and information (a), (b), or (c) shall submit to the mar­ to be reported pursuant to §§ 1034.30 concerning the operation of this part ket administrator on or before the 20th and 1034.31 shall be classified by the which do not reveal confidential infor­ day after the end of the month, his pro­ market administrator as Class I milk or mation. ducer payroll for that month which shall Class II milk subject to the conditions show for each producer: of this section and §§ 1034.41 through R eports, R ecords and F acilities (1) The daily and total pounds of milk 1034.46. When nonfat milk solids derived § 1034.30 Reports of receipts and uti­ received from such producer with the from nonfat dry milk, condensed skim average butterfat test thereof; and milk or any other product condensed lizatio n . (2) The net amount of such handler’s from milk or skim milk are utilized or On or before the seventh day of each payments to such producer with the unaccounted for by the handler, the total month the following handlers shall re­ price, deductions and charges involved. pounds of skim milk classified shall re­ port for the preceding month to, and in (b) Each handler operating a partially flect a volume equivalent to the skim detail on forms prescribed by, the market regulated distributing plant shall report milk used to produce such nonfat milk administrator as follows: to the market administrator on or before solids, except that if the solids are uti­ (a) Each handler who operates a pool the 20th day after the end of the month lized to fortify fluid milk products the plant(s) shall report for each such plant: the same information as is required pur­ actual weight of any such product shall (1) Receipts of skim milk and butter- suant to paragraph (a) of this section be included in classifying the total prod­ fat in: of a handler operating a pool plant if he uct weight. (1) Producer milk (including own wishes his obligation under § 1034.62 to farm production) received; be computed according to § 1034.62(a). § 1034.41 Classes of utilization. (ii) Fluid milk products received from Such report shall include payments to The classes of utilization of milk shall other pool plants ; dairy farmers delivering Grade A milk: be as follows: (iii) Other source milk, with the - (a) Class I milk. Class I milk means identity of each source; § 1034.33 Records and facilities. skim milk (except as provided for forti­ (2) Inventories of fluid milk products Each handler, including any partially fied fluid milk products pursuant to on hand at the beginning of the month regulated handler, shall maintain and § 1034.40) and butterfat: in bulk and in packaged form, sep­ make available to the market adminis­ (1) Disposed of in the form of fluid arately; trator or to his representative during the milk products other than those speci­ (3) The utilization or disposition of all usual hours of business such accounts fied pursuant to paragraphs (b) (2), (3), receipts required to be reported, includ­ and records of his operations, together and (4); ing separate data relative to: with such facilities as are necessary for (2) In inventory of fluid milk prod­ (i) Bulk fluid milk products on hand at the market administrator to verify or ucts in packaged form on hand at the the end of the month; establish the correct data with respect to: end of the month; and (ii) Packaged fluid milk products on (a) Receipts of producer milk and (3) Not accounted for as Class II milk. hand at the end of the month; and other source milk and the utilization of (b) Class II milk. Class II milk means (iii) Route disposition inside and out­ such receipts at each of his plants; skim milk and butterfat: side the marketing area; and (b) Weights and tests for butterfat (1) Used to produce any product other (4) Such other information with re­ and other content of all milk, skim milk, than a fluid milk product; spect to receipts and utilization as the cream, and other milk products handled; (2) Disposed of and used for livestock market administrator may request; (c) The pounds of skim milk and but­ feed or as skim milk dumped; (b) Each cooperative association shall terfat contained in or represented by all (3) Contained (skim milk only) in report with respect to producer milk for milk products on hand at the beginning that portion of fortified fluid milk which it is the handler but not other­ and end of each month at each plant; products not classified as Class I milk wise reported under paragraph (a) of and . pursuant to paragraph (a) of this this section or § 1034.46(b) : (d) Payments to producers, other dairy section; .rlr ,!Si!a SMMK y^ (1) Receipts of skim milk and butter- farmers, and cooperative associations (4) Contained in inventory of bulk fat in producer milk; including the amount and nature of any fluid milk products on hand at the end (2) The utilization of skim milk and deductions made and the disbursement of the month; butterfat handled; of money so deducted. (5) In shrinkage of skim milk and (3) The quantities of skim milk and butterfat, respectively, assigned pursuant butterfat caused to be delivered to pool § 1034.34 Retention of records. to § 1034.42(c) (1) and (3); and plants of other handlers or to nonpool (6) In shrinkage of skim milk and plants; All books and records required under butterfat, respectively, assigned pursuant (4) Such other information with re­ this part to be made available to the mar­ to § 1034.42(0(2). spect to the receipts and utilization of ket administrator shall be retained by the milk- as the market administrator may handler for a period of 3 years to begin § 1034.42 Shrinkage. at the end of the month to which such request; and Skim milk and butterfat, respectively, (c) Each handler who operates a par­ books and records pertain. If, within such 3-year period, the market administrator at each pool plant to be classified as tially regulated distributing plant shall Class n milk pursuant to § 1034.41(b) report for such plant the information notifies the handler in writing that the retention of such books and records or of (5) and (6) shall be computed as follows: required by paragraph (a) of this sec­ (a) If the sum of the quantities of tion, except that receipts of milk ap­ specified books and records, is necessary in connection with a proceeding under skim milk and butterfat, respectively, proved by any duly constituted health classified as Class I and Class II milk authority for fluid consumption in the section 8c(15) (A) of the Act or a court action specified in such notice, the han­ pursuant to § 1034.41 (a) and (b) (!'• marketing area shall be reported as if (2), (3), and (4) equals or exceeds the producer milk. Such report shall include dler shall retain such books and records, or specified books and records, until fur­ receipts of skim milk and butterfat, re­ separate data on route disposition in the spectively, required to be reported pur­ marketing area. ther written notification from the mar­ ket administrator. In either case the suant to § 1034.30, no skim milk or but­ § 1034.31 Other reports. market administrator shall give further terfat, respectively, shall be_classified as written notification to the handler Class II milk pursuant to § 1034.41(b) (a) Each producer-handler and each (5) and (6); handler exempt pursuant to §§ 1034.61 promptly upon the termination of the

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11561 (b) Compute the total shrinkage of of such other source milk received at skim milk and butterfat; and (2) If transferred in bulk form, class­ the transferee plant. ification shall be in the classes to which (c) Subject to the conditions of sub- (4) If the movement Is from a pool allocated as a fluid milk product under paragraph (3) of this paragraph, pro distributing plant to a pool supply plant, the other order (including allocation rate the resulting amounts between the it shall be considered Class n utiliza­ under the conditions set forth in sub- quantities specified in subparagraphs (1) tion to the extent such utilization is paragraph (3) of this paragraph) ; and (2) of this paragraph. The amounts available at the receiving plant. assigned to the quantities in subpara­ (3) If the operators of both the trans­ (b) As Class I milk, if moved to a feror and transferee plants so request graph (1) of this paragraph shall not producer-handler or a plant exempt pur­ in the reports of receipts and utilization exceed 2.5 percent of such quantities suant to § 1034.60(b); filed with their respective market ad­ and the amounts assigned to the other (c) As Class I milk, if transferred or ministrators, transfers in bulk form source milk included in subparagraph diverted in bulk to a nonpool plant that shall be classified as Class n to the ex­ (2) of this paragraph shall equal the is neither an other order plant, nor a tent of the Class II utilization (or com­ actual shrinkage allocated to these producer-handler plant, unless the re­ parable utilization under such other quantities. quirements of subparagraphs (1) and (1) The receipts of producer milk at order) available for such assignment (2) of this paragraph are met, in which pursuant to the allocation provisions of such plant less transfers of fluid milk case the skim milk and butterfat so the transferee order; products in bulk form to other pool transferred or diverted shall be classi­ (4) If the classification to which al­ plants; plus 60 percent of the fluid milk fied in accordance with the assignment located under the other order is not products transferred in bulk to other resulting from subparagraph (3) of this pool plants; and plus 40 percent of the paragraph: available to the market administrator fluid milk products received in bulk from for purposes of establishing classifica­ (1) ITie transferring or diverting tion pursuant to this paragraph, class­ other pool plants and other order plants, handler claims classification pursuant to exclusive of the quantities from other ification shall be as Class I, subject to the assignment set forth in subparagraph adjustment when such information is order plants for which Class n utilization (3) of this paragraph in his report sub­ available; was requested by the operator of such mitted to the market administrator pur­ plant and the handler; (5) For purposes of this paragraph, suant to § 1034.30 for the month within if the transferee order provides for more (2) Other source milk in the form of which such transaction occurred; than two classes of utilization, milk al­ fluid milk products exclusive of that (2) The operator of such nonpool located to a class consisting primarily of specified in subparagraph (1) of this plant maintains books and records paragraph; and fluid milk products shall be classified as showing the utilization of all skim milk Class I, and milk allocated to other (3) .If settlement by a handler on milk and butterfat received at such plant received from a cooperative association classes shall be classified as Class H; and which are made available if requested (6) If the form in which any fluid pursuant to § 1034.8(c) is made on the by the market administrator for the pur­ basis of weights and butterfat tests deter­ milk product is transferred to an other pose of verification; and order plant is not defined as a fluid milk mined at the farm and the market ad­ (3) The skim milk and butterfat so ministrator is so notified of such basis of product under such other order, classi­ transferred shall be classified on the fication shall be in accordance with the settlement by the date the handler is re­ basis of the following assignment of uti­ provisions of § 1034.41. quired to submit his monthly report pur­ lization at such nonpool plant in excess suant to § 1034.30, 2.5 percent shrinkage of receipts of packaged fluid milk prod­ § 1034.44 Compulation of the skim shall'be allowed the handler with respect ucts from all pool plants and other milk and butterfat in each class. to all such milk, otherwise to 60 percent order plants: For each month, the market adminis­ of such receipts and the balance (com­ (i) Route disposition in the marketing trator shall correct for mathematical puted at the 2.5 percent rate) to the area of another order issued pursuant to and other obvious errors the report of re­ cooperative association supplying the the Act shall be first assigned to receipts milk. ceipts and utilization for each pool plant from plants fully regulated by such or­ and shall compute the pounds of butter­ § 1034.43 Transfers. der, next pro rata to receipts from pool fat and skim milk in Class I milk and plants and other order plants not reg­ Class II milk at each such plant. Skim milk or butterfat in the form ulated by such order, and thereafter to of a fluid milk product disposed of by a receipts from dairy farmers who the § 1034.45 Allocation of skim milk and handler from a pool plant shall be classi­ market administrator determines con­ butterfat classified. fied ; stitute regular sources of supply of fluid After making the computations pur­ (a) At the utilization indicated by the milk products for such nonpool plant; suant to § 1034.44, the market adminis­ operators of both plants, otherwise as (ii) Class I utilization in excess of trator shall determine, for each pool Class I milk, if transferred or diverted to that assigned pursuant to subdivision (i) plant, the classification of producer milk another pool plant, subject to the follow­ of this subparagraph shall be assigned received thereat. In making the alloca­ ing conditions: first to remaining receipts from dairy tions for this purpose under paragraphs (1) The skim milk or butterfat so as­ farmers who the market administrator (a) and (b) of this section, any subtrac­ signed to either class shall be limited to determines constitute the regular source tions of receipts of skim milk or butterfat the amount thereof remaining in such of supply of fluid milk products for such (except other source milk received as class in the transferee plant after com­ nonpool plant and Class I utilization in cottage cheese curd to be subtracted pur­ putations pursuant to § 1034.45 (a) (9) excess of such receipts shall be assigned suant to subparagraph(4) (i) of this par­ and (b); pro rata to unassigned receipts at such agraph) to begin with Class n milk shall (2) if the transferor plant received nonpool plant from all pool and other be made in series starting with skim milk during the month other source milk to be order plants; and and butterfart other than that used to allocated pursuant to § 1034.45(a) (4), (iii) To the extent that Class I utili­ produce cottage cheese, then skim milk the skim milk and butterfat so trans- zation is not so assigned to it, the skim and butterfat used to produce cottage eired or diverted shall be classified so milk and butterfat so transferred shall be cheese, prior to any such subtractions as to allocate the least possible Class I classified as Class II milk; and from Class I milk. R a t io n to such other source milk; and (d) As follows, if transferred to an (a) Skim milk shall be allocated in the (3) if the transferor handler received other order plant in excess of receipts following manner: uring the month other source milk to from such plant in the same category (1) Subtract from the total pounds of oe allocated pursuant to § 1034.45 (a) (9) as described in subparagraph (1), (2), skim milk in Class II the pounds of skim and (b), the skim milk and butterfat so or (3) of this paragraph: milk classified as Class II pursuant to ransferred or diverted up to the total of (1) If transferred in consumer pack­ § 1034.41(b)(5); rio r®ce^Pts shall not be classified as ages, classification shall be in the classes (2) Subtract fr o m t h e remaining milk to a Skater extent than to which allocated as a fluid milk prod­ pounds of skim milk in each class the uid be applicable to a like quantity uct under the other order; pounds of skim milk in fluid milk prod-

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11562 PROPOSED RULE MAKING II at such plants, the pounds of such ex­ ucts received in packaged form from pool plant (s) of such handler shall be adjusted in the reverse direction by an cess shall be subtracted from the pounds other order plants as follows: of skim milk remaining in Class I after (i) From Class n milk, the lesser of the identical amount in sequence beginning with the nearest other pool plant of such such proration at the pool plants at pounds remaining or two percent of such which received; receipts; and handler at which such adjustment can (ii) From Class I milk, the remainderbe made; (iii) Except as provided in subdivision (ii) of this subparagraph, should prora­ of such receipts; (iii) The pounds of skim milk in re­ (3) Except for the first month this ceipts of fluid milk products in bulk from tion pursuant to either subdivision (i) order is effective with respect to each an other order plant in excess of similar or (ii) of this subparagraph result in handler, subtract from tjie remaining transfers to such plant, but not in excess the amount to be subtracted from any pounds of skim milk in Class I, the of the pounds of skim milk remaining class exceeding the pounds of skim milk pounds of skim milk in inventory of fluid in Class II milk, if Class n utilization was remaining in such class in the pool plant at which such skim milk was re­ m ilk products in packaged form on hand requested by the operator of such plant at the beginning of the month; and the handler; ceived, the pounds of skim milk in such (4) 'Subtract successively from the (6) Subtract from the pounds of skim class shall be increased to the amount pounds of skim milk remaining in each m ilk remaining in each class, in series to be subtracted and the pounds of skim class in series beginning with Class II, beginning with Class II, the pounds of milk in the other class shall be decreased skim milk in inventory of bulk fluid milk a like amount. In such case the utiliza­ the pounds of skim milk in each of the tion of milk at other pool plant(s) of following: products (and for--the first month the (i) Other source milk in a form other order is effective with respect to each such handler shall be adjusted in the .than that of a fluid milk product, pro­ handler, the pounds of fluid milk prod­ reverse direction by an identical amount vided that any such milk received as cot­ ucts in packaged form) on hand at the in sequence beginning with the nearest tage cheese curd shall be subtracted beginning of the month; other pool plant of such handler at which directly from the handler’s cottage cheese (7) Add to the remaining pounds of such adjustment can be made; utilization. skim milk in Class II milk, the pounds (10) Subtract from the pounds of (ii) Receipts of fluid milk products subtracted pursuant to subparagraph (1) skim milk remaining in each class the for which Grade A certification is not of this paragraph; pounds of skim milk received in fluid established or which are from unidenti­ (8) (i) Subtract from the pounds of m ilk products from pool plants of other fied sources; skim milk remaining in each class, pro handlers according to the classification (iii) Receipts of fluid milk products rata to the total pounds of skim milk re­ assigned pursuant to § 1034.43(a); and from a producer-handler as defined un­ maining in each class in all pool plants (11) If the pounds of skim milk re­ der this or any other Federal order; and of the receiving handler, the pounds of maining in both classes exceed the (iv) Receipts of fluid milk products skim milk in receipts of fluid milk prod­ pounds of skim milk in producer milk, from a plant exem pt pursuant to ucts from unregulated supply plants that, subtract such excess from the pounds of § 1034.60(b); were not subtracted pursuant to subpara­ skim milk remaining in each class in (5) Subtract, in the order specifiedgraph (5) (i) or (ii) of this paragraph; series beginning with Class n . Any below, from the pounds of skim milk re­ (ii) Should such proration result in amount so subtracted shall be known as maining in Class II: ■ the amount to be subtracted from any “overage”. (i) The pounds of skim milk in re­ class exceeding the pounds of skim milk (b) Butterfat shall be allocated in ac­ ceipts of fluid milk products from unreg­ remaining in such class in the pool plant cordance with the procedure outlined for ulated supply plants for which the han­ at which such skim milk was received, skim milk in paragraph (a) of this sec­ dler requests Class II utilization (other the pounds of skim milk in such class tion; and than cottage cheese manufacture) but shall be increased to the amount to be (c) Combine the amounts of skim not in excess of the pounds of skim milk subtracted and the pounds of skim milk m ilk and butterfat determined pursuant in the other class shall be decreased a remaining in such Class n uses; like amount. In such case the utilization to paragraphs (a) and (b) of this section (ii) The pounds of skim milk remain­ of milk at other pool plant (s) of such into one total for each class and deter­ ing in receipts of fluid milk products from mine the weighted average butterfat handler shall be adjusted in the reverse Content of producer milk in each class. unregulated supply plants which are in direction by an identical amount in se­ excess of the pounds of skim milk deter­ quence beginning with the nearest other § 1034.46 Responsibility of handlers. mined as follows: pool plant of such handler at which such (a) Multiply the pounds of skim milk (a) Except as provided in paragraph adjustment can be made; (b) of this section, all skim milk and remaining in Class I milk (excluding (9) Subtract from the pounds of skim Class I transfers between pool plants of butterfat shall be classified as Class I milk remaining in each class the pounds m ilk unless the handler who first re­ the handler) at all pool plants of the of skim milk in receipts of fluid milk ceives such skim milk or butterfat handler by 1.25; products in bulk from an other order proves to the market administrator that (b) Subtract from the result the sum plant, in excess in each case of similar such skim milk or butterfat should be of the pounds of skim milk at all such transfers to the same plant, that were classified otherwise. pool plants in producer milk, in receipts not subtracted pursuant to subparagraph (b) Producer milk in bulk delivered by from other pool handlers and in receipts (5) (iii) of this paragraph pursuant to a cooperative association as a handler in bulk order from other order plants; the following procedure: under § 1034.8(c) to the pool plant of and (i) Subject to the provisions of sub­ another handler, or caused to be diverted (c) (I) Multiply any resulting plus divisions (ii) and (iii) of this subpara­ by the cooperative association from one quantity by the percentage that receipts graph, such subtraction shall be pro rata pool plant to another, shall be classified of skim milk in fluid milk products from to whichever of the following represents according to use or disposition at the unregulated supply plants remaining at the higher proportion of all Class II milk. receiving plant, and the value thereoi this plant is of all such receipts remain­ (a) The estimated utilization of skim at the class prices shall be included m ing at all pool plants of such handler, milk in each class, by all handlers, as the net pool obligation computed for after any deductions pursuant to subdi­ announced for the month pursuant to such handler pursuant to § 1034.70. For vision (i) of this subparagraph; § 1034.22(1); or purposes of location adjustments Pdf' (2) Should such computation result (b) The pounds of skim milk in each suant to § 1034.54 and administrative in a quantity to be subtracted from Class class remaining at all pool plants of the expense pursuant to § 1034.88, such “H*" II, which is in excess of the pounds of handler; Shall be treated as producer milk of tne (ii) Should proration pursuant to sub­ skim milk remaining in Class II, the receiving handler. ’ pounds of skim milk in Class II shall be division (i) of this subparagraph result in the total pounds of skim milk to be (c) Any skim milk or butterfat shall increased to the quantity to be subtracted be reclassified if verification by the and the pounds of skim milk in Class I subtracted from Class n at all pool plants of the handler exceeding the market administrator discloses that tn shall be decreased a like amount. In such original classification was incorrect. case the utilization of skim milk at other pounds of skim milk remaining in Class

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11563 Minimum P rices (3) For the third month this sub-Class I location adjustment credit, § 1034.50 Basic formula price. paragraph is effective, the monthly end­ at the appropriate distance rate as ing inventory of packaged fluid milk set forth in paragraph (a) of this The basic formula price shall be the products for the month preceding such average price per hundredweight for section, in a volume not in excess of 110 month shall be deducted in computing percent of Class I milk (exclusive of pro­ manufacturing grade milk, f.o.b. plants the 3 months’ Class I milk total under in Wisconsin and Minnesota, as reported ducer milk diverted as Class I milk to subparagraph (1) above and the same nonpool plants) at the transferee plant by the Department for the month. Such adjusted monthly Class I milk total shall price shall be adjusted to a 3.5 percent less the sum of receipts at such plant di­ be used in the two successive 3 months’ rectly from producers and Class I milk butterfat basis by a butterfat differential Class I milk total in subparagraph (1). rounded to the nearest one-tenth cent assigned to receipts from other order computed at 0.12 times the simple aver­ § 1034.52 Class II milk prices. plants and unregulated supply plants. Such assignments shall be made first to age of the daily wholesale selling prices Subject to the provisions of § 1034.53, (using the midpoint of any range as one transferor plants at which no location the prices per hundredweight for Class adjustment credit is applicable and then price) per pound of Grade A (92-score) H milk for the month shall be computed bulk creamery butter at Chicago, as re­ in sequence beginning with the plant at by the market administrator as follows: which the least location adjustment ported for the month by the Department (a) Except as provided in paragraph (hereinafter referred to as the Chicago would apply. If a pool distributing plant (b) of this section, the amount for the has direct receipts from producers less butter price). The basic formula price month computed pursuant to § 1034.50, shall be rounded to the nearest full cent. than 110 percent of Class I milk at such but not more than the sum of the plant any bulk transfers to such plant For the purpose of computing Class I amounts computed pursuant to subpara­ prices from the effective date hereof from another pool plant to which a lo­ graphs (1) and (2) of this paragraph cation credit applies shall be assigned to through April 1968, the basic formula (rounded to nearest cent), plus 10 cents: price shall be not less than $4.05., the Class I disposition at the transferee (1) From the Chicago butter-price plant prorated with the sum of receipts § 1034.51 Class I milk prices. computed pursuant to § 1034.50, subtract at such plant of producer milk and the 3 cents and multiply by 4.2; and pounds assigned as Class I to receipts Subject to the provisions of § 1034.53 (2) From the weighted average of the price per hundredweight for Class I from other order plants and unregulated carlot prices per pound of sprays process supply plants. milk for the month shall be determined nonfat dry milk for human consumption by the market administrator as follows: f.o.b. manufacturing plants in the Chi­ § 1034.55 Use of equivalent prices. (a) Add $1.24, plus 20 cents through cago area, as published for the period If for any reason a price quotation or April 1968, to the basic formula price for from the 26th day of the preceding the preceding month plus or minus a factor required by this part for comput­ month through the 25th day of the cur­ ing class prices or for other purposes is “supply-demand adjustment” of not rent month by the Department, deduct more than 39 cents computed as follows: not available in the manner described, 5.5 cents and multiply by 8.2. the market administrator shall use a (1) Divide the aggregate .pounds of (b) For skim milk in producer miiir price or factor determined by the Secre­ producer milk in Class I milk (including used to produce cottage cheese the tary to be equivalent to the price or fac­ inventory except as. provided in sub- amount computed for the month pur­ tor which is required. paragraph (3) of this paragraph, and suant to paragraph (a) of this section “overage”, but adjusted to eliminate du­ plus 20 cents. Application of P rovisions plications due to interhandler and inter­ § 1034.60 Producer-handlers and Gov­ market plant transfers >~under this part § 1034.53 Butterfat differentials to han­ ernmental Agencies. dlers. and Part 1033 of this chapter (Greater (a) Sections 1034.40 through 1034.55 Cincinnati order) for the second, third, (a) Class I price. Multiply the Chicago and §§ 1034.61 through 1034.88 shall not and fourth months preceding by the ag­ butter price computed pursuant to apply to a producer-handler. gregate pounds of producer milk receipts § 1034.50 for the immediately preceding (b) None of the provisions of this part under such parts for the same months, month by 0.120. except § 1034.14 shall apply to a plant multiply the result by 100 and round to (b) Class II price. Multiply the Chi­ operated by a governmental agency. the nearest whole number. The result cago butter price for the month by 0.115. shall be known as the “Class I utilization § 1034.61 Plants subject to other Fed­ § 1034.54 Location adjustment to han­ eral orders. Percentage”; dlers. (2) For each full percentage point that The provisions of this part other than the Class I utilization percentage is (a) The price for Class I milk at a §§ 1034.30, 1034.31, 1034.32, 1034.33, and above the applicable maximum standard plant located outside the marketing area 1034.34 shall not apply to: utilization percentage listed below in­ and more than 50 miles by the shortest (a) A distributing plant during any crease the Class I price differential by 3 hard-surface highway distance as de­ month in which the milk at such plant cents; and for each full percentage point termined by the market administrator would be subject to the classification that the Class I utilization percentage is from the nearest of the main post of­ and pricing provisions of another order below the applicable minimum standard fices of Dayton, Piqua, Springfield, issued pursuant to the Act, unless such utilization percentage listed below de­ Urbana, or Wilmington, Ohio, shall plant qualified as a pool plant pursuant crease such differential by 3 cents. be the price computed pursuant to to § 1034.13(a) and a greater volume of § 1034.51(a) reduced according to the fluid milk products is disposed of from rates set forth in the following schedule such plant to retail or wholesale outlets Standard utili­ zation percent­ for the distance of the plant from such in the Miami Valley, Ohio, marketing Month for which Preceding months nearest basing point: price 1s being ages area and to pool plants under this part used in computa­ than in the marketing area and to pool computed tion Rate per Mini­ Maxi­ plants regulated by such other order mum mum hundred­ weight during the current month and each of the Distance from basing point (cents) three months immediately preceding. January___ Sept., Oct., Nov.. 66 69 February.." Oct., Nov., Dec_ 68 Less than 50 m iles.______;______q (b) A supply plant meeting the re­ March__ 71 More than 50 miles but not more t.han quirements of § 1034.13(b) which also April_IIIH Nov., Dec., Jan.. 69 72 May___' ~ Dec., Jan., Feb__ 68 71 60 miles______g q continues to have pool plant status un­ Jah., Feb.. Mar... 68 71 For each additional 10 miles or fraction Ju ne" Feb., Mar., Apr... 66 69 der another Federal order. July...'" ' Mar., Apr., May.. 60 63 thereof in excess of 60 miles, an August___ Apr., May, June.. 54 57 additional______:______j g § 1034.62 Obligation of a handler oper­ September May, June, July— 52 55 ating a partially regulated distribut­ October....." June, July. Aue... 53 56 (b) Fluid milk products received by a in g p la n t. November...'' July, Aug., Sept.. 58 61 December...'" Aug., Sept., Oct-. 62 65 handler at a pool plant from another Each handler who operates a partially pool plant shall be assigned for regulated distributing plant shall pay to

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11564 other order plants, except that deducted § 1034.71 Computation of uniform the market administrator for the pro­ p rice. ducer-settlement fund on or before the under a similar provision of another 25th day after the end of the month order issued pursuant to the Act; For each month the market adminis­ either of the amounts (at the handler’s (3) Combine the amounts of skim trator shall compute the uniform price election) calculated pursuant to para­ miiir and butterfat remaining into one per hundredweight of producer milk, of graph (a), or (b) of this section. If the total and determine the weighted average 3.5 percent butterfat content, as follows: handler fails to report pursuant to butterfat content; and (a) Combine into one total the values §§ 1034.30 and 1034.32 the information (4) From the value of such milk at computed pursuant to § 1034.70 for all necessary to compute the amount speci­ the Class I price applicable at the loca­ handlers, except those of handlers who fied in paragraph (a) of this section, he tion of the nonpool plant, subtract its failed to make payments required pur­ shall pay the amount computed pursuant value at the weighted average price ap­ suant to §§ 1034.80 and 1034.84 for the to paragraph (b) of this section. plicable at such location (not to be less preceding month; (a) An amount computed as follows: than the Class H price) . (b) Add an amount equal to the sum (1) (i) The obligation that would D etermination of P rices to P roducers of the location differential adjustments have been computed pursuant to computed pursuant to § 1034.82; § 1034.70 had such plant been a pool § 1034.70 Computation of the net pool (c) Subtract, if the weighted average plant. For purposes of such computation, obligation of each pool handler. butterfat test of all producer milk is receipts at such nonpool plant from a The net pool obligation of each pool greater than 3.5 percent, or add if the pool plant or an other order plant shall handler during each month shall be a weighted average butterfat test of such be assigned to the utilization at which sum of money computed by the market milk.is less than 3.5 percent an amount classified at the pool plant or other order administrator as follows: computed by multiplying the difference plant, transfers from such nonpool plant (a) Multiply the quantity of producer between such weighted average butterfat to a pool plant or an other order plant rpilic in each class for such handler, as test and 3.5 by the butterfat differential shall be classified as Class II milk if computed pursuant to § 1034.45(c), by computed pursuant to § 1034.81; allocated to such class at the pool plant the applicable class prices (adjusted pur­ (d) Add an amount representing not or other order plant and be valued at suant to §§ 1034.53 and 1034.54) and add less than ond-half the unobligated bal­ the weighted average price of the respec­ the resulting amounts. ance in the producer-settlement fund; tive order is so allocated to Class I milk. (b) Add the amount obtained from (e) Divide the resulting amount by There shall be included in the obligation multiplying the pounds of overage de­ the sum of the following for all handlers so computed a charge in the amount ducted from each class pursuant to included in these computations: specified in § 1034.70(f) and a credit in § 1034.45(a) (11) and the corresponding (1) The total hundredweight of pro­ the amount specified in § 1034.84(b) (2) step of § 1034.45(b) by the applicable ducer milk; and with respect to receipts from an un­ class prices. (2) The total hundredweight for regulated supply plant, unless an obliga­ (c) Add the amount obtained from which a value is computed pursuant to tion with respect to such plant is multiplying the difference between the § 1034.70(f); computed as specified in subdivision (ii) Class II price for the preceding month (f) Subtract not less than 4 cents nor of this subparagraph. ~~ . and the Class I price for the current more than 5 cents per hundredweight. (ii) If the operator of the partially month by the hundredweight of skim The result shall be the “weighted average regulated distributing plant so requests, milk and butterfat subtracted from Class price” and, except for the months speci­ and provides with his reports pursuant I pursuant to § 1034.45(a) (6) and the fied below, shall be the “uniform price” to §§ 1034.30 and 1034.32, similar reports corresponding step of § 1034.45(b). for milk received from producers; with respect to the operations of any (d) Add an amount determined by (g) For the months specified in para­ other nonpool plant which serves as a multiplying the difference between the graphs (h) and (i), of this section, sub­ supply plant for such partially regulated Class I price for the preceding month tract from the amount resulting from the distributing plant by ¡shipments to such and the Class I price for the current computation pursuant to paragraphs (a) plant during the month equivalent to the month by the hundredweight of skim through (d) of this section an amount requirements of § 1034.13(b), with agree­ milk and butterfat subtracted from Class computed by multiplying the hundred­ ment of the operator of such plant that I pursuant to § 1034.45(a) (3) and the weight of milk specified in paragraph the market administrator may examine corresponding step of § 1034.45(b). If the (e) (2) of this section by the weighted the books and records of such plant for Class I price for the current month is average price; C ^ purposes of verification of such reports, less than the Class I price for the pre­ (h) Subtract for each of the months there will be added the amount of the ceding month the result shall be a minus of April, May, June, and July an amount obligation computed at such nonpool amount. computed by multiplying the total hun­ supply plant in the same manner and • (e) Add an amount equal to the dif­ dredweight of producer milk for such subject to the same conditions as for the ference between the value at the Class I month by the following amounts: 20 partially regulated distributing plant. price applicable at the pool plant and cents in April, 25 cents in May and June, (2) From this obligation there will be the value at the Class n price, with re­ and 20 cents in July; deducted the sum of: 1 spect to skim milk and butterfat in other (i) Add for each of the months of Sep­ (i) The gross payments made by such source milk subtracted from Class I tember, October, November, and Decem­ handler for Grade A milk received during pursuant to § 1034.45(a) (4) and the ber, 20, 30, 30, and 20 percent, respective­ the month from dairy farmers at such corresponding step of § 1034.45(b). ly, of the obligated balance in the pro­ plant and like payments made by the (f) Add an amount equal to the value ducer-settlement fund pursuant to operator of a supply plant(s) included at the Class I price adjusted for location § 1034.83(b) on August 31, immediately in the computations pursuant to sub- (in the manner provided pursuant to preceding; paragraph (1) of this paragraph; and § 1034.54) of the nearest nonpool (j) Divide the resulting sum by the (ii) Any payments to the producer- plant (s) from which an equivalent vol­ total hundredweight of producer muK settlement fund of another order under ume was received, with respect to skim included in these computations; and which such plant is also a partially milk and butterfat subtracted from (k) Subtract not less than 4 cents nor regulated distributing plant. Class I pursuant to § 1034.45(a) (8) and more than ,5 cents per hundredweight. (b) An amount computed as follows: the corresponding step of § 1034.45(b). The result shall be the “uniform price (1) Determine the respective amounts (g) Add, with respect to a cooperative for milk received from producers. of skim milk and butterfat disposed of association which is allocated shrinkage as route disposition (other than to pool of skim milk or butterfat pursuant to P ayments plants) in the marketing area; § 1034.42(c) (3), an amount computed by § 1 0 3 4 .8 0 Time and method of payment (2) Deduct the respective amounts of multiplying hundredweight of such for producer milk. skim milk and butterfat received as shrinkage by the Class H milk price (adjusted pursuant to §§ 1034.53 and (a) Except as provided in paragraphs Class I milk at the partially regulated (b ), (c), and (d ) of this section, eacn distributing plant from pool plants .and 1034.54).

FEDERAL REGISTER, VOL. 32, NO. 154—THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11565 handler shall make payment for pro­ receives milk for which a cooperative (a) The sum of the net pool obligation ducer milk received during the month as association is the handler during the computed pursuant to § 1034.70 for such follows: month pursuant to § 1034.8(c) shall pay handler for the month; and (1) On or before the 27th day of each such cooperative association for such (b) The sum of: month to each producer who did not dis­ milk at the uniform price, adjusted by (1) The value of producer milk re­ continue shipping milk to such handler applicable butterfat and location differ­ ceived by such handler at the applicable before the 15th day of the month not less entials; and uniform price specified in § 1034.71 (in than the Class II price for the preceding (e) None of the provisions of this sec­ the case of a cooperative association as a month computed to tjie nearest 50 cents tion shall be construed to restrict any pool handler pursuant to § 1034.8(c) the multiplied by the hundredweight of milk cooperative association qualified under value of milk so delivered to the pool received from such producer during the section 8c (5) (P) of the Act from making plant of another handler shall be com­ first 15 days of the monta, less proper de­ payment for milk to its member pro­ puted as a receipt of the latter); and ductions authorized by such producer to ducers in accordance with such provi­ (2) The value at the weighted aver­ be made from payments due pursuant to sion of the Act. this subparagraph; age price (s) applicable at the location (2) On or before the 17th day of the § 1034.81 Butterfat differential to pro­ of the plant(s) from which received (not following month to each producer, not ducers. to be less than the value at the Class II less than the uniform price, adjusted by The uniform price for producer milk price) with respect to other source milk for which a value is computed pursuant the butterfat and location differentials shall be increased or decreased for each to § 1034.70(f). jji to producers, multiplied by the hundred­ one-tenth of 1 percent that the butter­ weight of milk received from such pro­ fat content of such milk is above or § 1034.85 Payments out of the pro­ ducer during the month, subject to the below 3.5 percent, respectively, at the ducer-settlement fund. following adjustments: rate determined by multiplying the On or before the 16th day after the (i) Less payments made to such pro­ pounds of butterfat in producer milk al­ end of each month the market admin­ ducer pursuant to subparagraph (1) of located to Class 'I and Class II milk istrator shall pay to each handler the this paragraph ; pursuant to § 1034.45 by the respective amount, if any, by which the amount (ii) Less marketing service deductions butterfat differential for each class, di­ computed pursuant to § 1034.84(b) ex­ made pursuant to § 1034.87 ; viding the sum of such values by the ceeds the amount computed pursuant to (iii) Plus or minus adjustments for total pounds of such butterfat and round­ § 1034.84(a). The market administrator errors made in previous payments made ing the resultant figure to the nearest shall offset any payment due any handler to such producer; and one-tenth cent. against any payments due from such (iv) Less proper deductions author­ § 1034.82 Location differentials to pro­ handler. ized in writing by such producer. ducers and on nonpool milk. (3) If by such date for final payment, § 1034.86 Adjustments of errors. such handler has not received full pay­ (a) For the purposes of § 1034.71, the Whenever audit by the market admin­ ment from the market administrator uniform price at a pool plant shall be istrator of any handler’s reports, books, pursuant to § 1034.85 for such month, he reduced on the basis of the applicable records, or accounts discloses adjust­ may reduce pro rata his payments to amount or rate for the location of such ments to be made, for any reason, which producers by not more than the amount pool plant pursuant to § 1034.54; results in monies due (a) the market ad­ of such underpayment. Payments to pro­ . (b) For the purpose of computations ministrator from such handler, (b) such ducers shall be completed thereafter not pursuant to § 1034.84 the weighted aver­ handler from the market administrator, later than the date for making payments age price shall be adjusted on the basis or (c) any producer or cooperative as­ pursuant to this paragraph next follow­ of the applicable amount or rate pur­ sociation from such handler, the market ing after the receipt of the balance due suant to § 1034.54, applicable at the loca­ administrator shall promptly notify such from the market administrator; tion of the nonpool plant from which the handler of any such amount due, and (b) Payments required in paragraph milk was received. payment thereof shall be made on or be­ (a) of this section shall be made to a § 1034.83 Producer-settlement fund. fore the next date for making payments cooperative association, qualified under set forth in the provision under which § 1034.5, or its duly authorized agent, The market administrator shall estab­ such error occurred. with respect to milk of producers which lish and maintain a separate fund the market administrator determines known as the “producer-settlement § 1034.87 Marketing services. have authorized such cooperative asso­ fund”, which shall function as follows: (a) Deductions. Except as set forth ciation to collect payment for their milk (a) All payments made by handlers in paragraph (b) of this section, each and the cooperative association has pre­ pursuant to §§ 1034.62, 1034.84, and handler shall deduct an amount not sented the handler with a written request 1034.86 shall be deposited in such fund exceeding 6 cents per hundredweight, for such payments. Payments to the co­ and out of which shall be made all pay­ or such lesser amount as the Sec­ operative association under this para­ ments pursuant to §§ 1034.85 and retary from time to time may prescribe, graph shall be made 1 day in advance of 1034.86, except that any payments due from the payments made pursuant to the applicable payment dates in para­ to any handler shall be offset by any pay­ § 1034.80, with respect to all milk re­ graph (a), subject to the condition that ments due from such handler; and ceived by such handler during each the association has provided the handler (b) All amounts subtracted pursuant month from producers (not including with a written promise to reimburse the to § 1034.71 (h) shall be deposited in this such handler’s own production) and handler the amount of any actual loss fund and set aside as an obligated bal­ from associations of producers, and shall incurred by such handler because of any ance until withdrawn to effectuate pay such deductions to the market ad­ improper claim on the part of the coop­ § 1034.80 in accordance with the Require­ ministrator on or before the 14th day erative association; ments of § 1034.71 (i). after the end of such month. Such (c) On or before the 15th day of the moneys shall be used by the market ad­ loiiowing month, each handler shall pay § 1034.84 Payments to the producer- settlement fund. ministrator to verify weights, samples, to each cooperative association for milk and tests of such milk received by the handler receives during the month On or before the 14th day of the fol­ handlers and to provide such producers P°°l Plant operated by such as- lowing month each handler, including a ftnd" associations of producers with ciation, not less than the m in im u m cooperative association which is a market information, such services to be f°r milk in each class, subject handler, shall pay to the market admin­ performed in whole or in part by the m the applicable location and butterfat istrator the amount, if any, by which the market administrator or by an agent differentials; total amount specified in paragraph (a) engaged by him and responsible to him. f .®n or before the 15th day of the of this section exceeds the amount (b) By cooperative associations. In the uowmg month, each handler, in his specified in paragraph (b) of this sec­ case of producers for whom a cooperative pacity as operator of a pool plant, who tion: association is actually performing as

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11566 PROPOSED RULE MAKING tifies a handler, the said 2-year period determined by the Secretary, the services all receipts and disbursements, and when so directed by the Secretary, deliver all with respect to such'obligation shall not set forth in paragraph (a) of this section, begin to run until the first day of the each handler shall make, in lieu of the funds or property on hand, together with the books and records of the market month following the month during which deductions specified in paragraph (a) of all such books and records pertaining this section, such deductions from the administrator, or such person,' to such person as the Secretary may direct, and to such obligations are made available payments to be made to such producers to the market administrator or his repre­ as authorized by such producers and, on (3) if so directed by the Secretary, ex­ ecute such assignments or other instru­ sentatives. or before the 16th day after the end of (c) Notwithstanding the provisions of the month, pay over such deductions to ments necessary or appropriate to vest in such person full title to all funds, prop­ paragraphs (a) and (b) of this section, the cooperative association rendering a handler’s obligation under this part to such services. erty, and claims vested in the market administrator or such person pursuant pay money shall not be terminated with § 1034.88 Expense of administration. hereto. respect to any transaction involving fraud or willful concealment of a fact, As his prorata share of the expense of § 1034.93 Liquidation after suspension material to the obligation, on the part administration of the order, each handler or termination. (excluding a cooperative association in of the handler against whom the obliga­ its capacity as a handler pursuant to Upon the suspension or termination of tion is sought to be imposed. § 1034.8(c) with respect to milk delivered any or all provisions of this part, the (d) Any obligation on the part of the to pool plants) shall pay to the market market administrator, or such person as market administrator to pay a handler administrator on or before the 14th day the Secretary may designate shall, if so any money which such handler claims after the end of the month, 2 cents per directed by the Secretary, liquidate the to be due him under the terms of this hundredweight or such lesser amount as business of the market administrator’s part shall terminate 2 years after the the Secretary may prescribe, with respect office and dispose of all funds and prop­ end of the month during which the milk involved in the claim was received if to: ; . erty then in his possession or under his (a) Producer milk (including such control together with claims for any an underpayment is claimed, or 2 years handler’s own production) ; funds which are unpaid or owing at the after the end of the month during which (b) Other source milk allocated to time of such suspension or termination. the payment (including deduction or set Class I pursuant to §§ 1034.45(a) (4) and Any funds collected pursuant to the pro­ off by the market administrator) was 1034.45(a) (8) and the corresponding visions of this part, over and above the made by the handler if a refund on such steps of § 1034.45(b) ; and amounts necessary to meet outstanding payment is claimed, unless such handler, (c) Packaged Class I milk disposed of obligations and the expenses necessarily, within the applicable period of time from partially regulated distributing incurred by the market administrator or files, pursuant to section 8c (15) (A) of plants as route disposition in the market­ such person in liquidating and distribut­ the Act, a petition claiming such money. ing area that exceeds the hundredweight ing such funds, shall be distributed to § 1034.101 Agents. of Class I milk received during the month the contributing handlers and producers in an equitable manner. The Secretary may, by designation in at such plants from pool plants and other writing, name any officer or employee of order plants. M iscellaneous P rovisions the United States to act as his agent or E ffective T ime, S uspension or § 1034.100 Termination of obligations. representative in connection with any of T ermination The provisions of this section shall ap­ the provisions of this part. § 1034.90 Effective time. ply to any obligation under this part for § 1034.102 Separability of provisions. The provisions of this part, or any the payment of money. If any provision of this part, or the amendments to its provisions, shall be­ (a) The obligation of any handler to application thereof to any person or cir­ come effective at such time as the Secre­ pay money required to be paid under the cumstances, is held invalid, the re­ tary may declare and shall continue in terms of this part shall, except as pro­ mainder of the part and the application force until suspended or terminated. vided in paragraphs (b) and (c) of this of such provision to other persons or section, terminate 2 years after the last § 1034.91 Suspension or termination. day of the month during which the mar­ circumstances shall not be affected thereby. The Secretary may suspend or termi­ ket administrator receives the handler’s utilization report on the milk involved in [F.R. Doc. 67-9398; Filed, Aug. 9, 1967; nate this part or any provision of this 8:50 ajn.] part, whenever he finds that it obstructs, such obligation, unless within such or does not tend to effectuate the de­ 2-year period the market, administrator clared policy of the Act. This part shall notifies the handler in writing that such [ 7 CFR Part 1073 1 money is due and payable. Service of terminate, in any event, whenever the [Docket No. AO 173-A21] provisions of the Act authorizing it cease such notice shall be complete upon mail­ to be in effect. ing to the handler’s last known address, MILK IN WICHITA, KANS., and it shall contain but need not be § 1034.92 Continuing power and duty limited to, the following information: MARKETING AREA of the market administrator. (1) The amount of the obligation; Notice of Extension of Time for Filing (a) If, upon the suspension or termi­ (2) The month (s) during which the Exceptions to Recommended De­ nation of any or all provisions of this milk, with respect to which the obliga­ tion exists, was received or handled; and cision on Proposed Amendments to part, there are any obligations arising Tentative Marketing Agreement under this part, the final accrual or as­ (3) If the obligation is payable to one certainment of which requires further or more producers or to an association and Order acts by any handler, by the market ad­ of producers, the name of such pro­ ducer (s) or association of producers, or Pursuant to the provisions of the Agri­ ministrator, or by any other person, the cultural Marketing Agreement Act oi power and duty to perform such further if the obligation is payable to the market administrator, the account for which it 1937, as amended (7 U.S.C. 601 et seq ) . acts shall continue notwithstanding such and the applicable rules of practice ana suspension or termination. Any such acts is to be paid. (b) If a handler fails or refuses, with procedure governing the formulation o required to be performed by the market marketing agreements and marketing administrator shall, if the Secretary so respect to any obligation under this part, to make available to the market adminis­ orders (7 CFR Part 900), notice is hereby directs, be performed by such other per­ given that the time for filing exceptions son, persons, or agency as the Secretary trator or his representatives all books and records required by this part to be made to the recommended decision with re­ may designate. spect to the proposed amendments to tn (b) The market administrator, or available, the market administrator may, within the 2-year period provided for in tentative marketing agreement and such other person as the Secretary may the order regulating the handling of mus. designate, shall (1) continue in such paragraph (a) of this section, notify the handler in writing of such failure or re­ in the Wichita, Kans., marketing area, capacity until discharged by the Sec­ which was issued July 28, 1967 (32 F. retary, (2) from time to time account for fusal. If the market administrator so no­

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11567 11233), is hereby extended from August 7 6. Providing for nonproducer miiir condensed milk, cottage cheese, ice cream to August 15, 1967. status on milk from other markets (not and ice cream mix. Signed at Washington, D.C., on Au­ Federal order markets) used solely for The association proposed a Class HI gust 4, 1967. manufacturing purposes under the Puget milk price the same as the present Class Sound order; and Clarence H. Girard, H, and a price for skim milk and butter­ 7. Miscellaneous and conforming fat utilized as Class H products 25 cents Deputy Administrator, changes. Regulatory Programs. over such Class HI price and, with one Findings and conclusions. The follow­ exception, subject to the same location [Fit. Doc. 67-9372; Piled, Aug. 9, 1967; ing findings and conclusions on the ma­ differentials as are now applicable to , 8:48 a.m.] terial issues are based on evidence pres­ Class I milk. Location adjustments for ented at the hearing and the record this purpose would be limited to a max­ thereof: 17 CFR Part 1125 ] imum of 25 cents per hundredweight. 1. Classification and pricing of milk The association proposals for classifi­ [Docket No. AO 226-A16] used in manufactured products. The cation and pricing in effect would ex­ order should be amended to divide the MILK IN PUGET SOUND, WASH., tend the present plus adjustment (25 present Class II classification into two cents per hundredweight) now applicable MARKETING AREA classes. The new Class H should include to usage in certain Class H products in Notice of Recommended Decision and all skim milk and butterfat used to pro­ certain parts of the market to apply on duce ice cream, ice cream mix, frozen Opportunity To File Written Ex­ a marketwide basis, as well as making it desserts, aerated cream products, plastic applicable to additional products, prin­ ceptions on Proposed Amendments cream, soured cream dressing, yogurt, cipally evaporated milk and cheeses hav­ to Tentative Marketing Agreement eggnog, cottage cheese, bakers’ cheese, ing less than 50 percent butterfat on a and to Order pot cheese, cream cheese and neufchatel dry basis. At plants outside District 1 and cheese. Condensed milk and skim milk not located in Kitsap, Mason, or Pierce Pursuant to the provisions of the Agri­ used to produce any Class II milk prod­ Counties, the proposed Class H price cultural Marketing Agreement Act of uct, and fluid milk products disposed of would be adjusted by the location differ­ 1937, as amended (7 U.S.C. 601 et seq.), in bulk to a commercial food processing entials now applicable to Class I milk. and the applicable rules of practice and establishment should also be classified as In support of their position on these procedure governing the formulation of Class EL proposals the proponent association indi­ marketing agreements and marketing Class III would include all other manu­ cated that handlers in the market have orders (7 CFR Part 900), notice is hereby factured dairy products currently classi­ demonstrated a preference for Grade A given of the filing with the Hearing Clerk fied as Class II. The principal items in milk and skim milk for use in the man­ of this recommended decision with re­ Class HI would include all skim milk and ufactured products in the proposed spect to proposed amendments to the butterfat used to produce evaporated Class n classification. tentative marketing agreement and or­ milk, condensed milk and skim milk (not The Cow Milkers' Association and der regulating the handling of milk in otherwise classified as Class H ), butter, most regulated handlers generally ob­ the Puget Sound, Wash., marketing nonfat dry milk solids, powdered whole jected to an increase in order m inim um area. Interested parties may file written milk, casein, Cheddar and Italian cheeses, prices for certain manufactured prod­ exceptions to this decisions with the milk in shrinkage and in fluid milk prod­ ucts, particularly for skim milk and but­ Hearing Clerk, U.S. Department of Agri­ ucts dumped, or disposed of for livestock terfat utilized in evaporated and con­ culture, Washington, D.C. 20250, by the feed. densed milk and in the Italian and other 15th day after publication of this deci­ The new Class HI would be priced at types of cheeses having less than 50 per­ sion in the F ederal R egister. The excep­ the present Class H price and the new cent butterfat on a dry basis. Generally, tions should be filed in quadruplicate. All Class n utilization would be priced 25 their testimony was directed to the sim­ yntten submissions made pursuant to cents above that figure. ilarity in the competitive situation rela­ this notice will be made available for The order presently provides for a tive to the sale of evaporated and con­ public inspection at the office of the two-class pricing system whereby most densed milk and the Italian type cheeses Hearing Clerk during regular business manufactured products are classified as with butter and powder on a national hours (7 CFR 1.27(b)). Class II. The Class H price is based on Preliminary statement. The hearing on market. Mozzarella cheese, the principal the Minnesota-Wisconsin price series, Italian variety of cheese manufactured the record of which the proposed amend­ not to exceed a limit related to butter and ments, as hereinafter set forth, to the in the market, is sold in Washington and nonfat dry milk values. Oregon and some quantities are sold to tentative marketing agreement and to In addition, the order now provides for the order as amended, were formulated, outlets located in Alaska and Japan. A a plus 25 cent per hundredweight loca­ substantial distribution of evaporated was conducted at Seattle, Wash., on tion adjustment applicable to milk in milk products is made to outlets located March 14-16, 1967, pursuant to notice certain Class II uses (principally con­ thereof which was issued March 6, 1967 in Utah and as far south as the Mexican (32 F.R. 3834). densed, cottage cheese, ice cream and border. ice cream mix) at District 1 plants or It is concluded that the present Class .The material issues on the record of those located in the counties of Kitsap, the hearing relate to: II products for which the Class H pre­ Mason, or Pierce. mium location adjustment is now appli­ 1. Establishing a higher priced class The United Dairymen’s Association, ior specified manufacturing products and cable in District 1 (and the three-county representing about two-thirds of the area), principally cottage cheese, ice applying Class I location differentials producers on the market, proposed a new cream and ice cream mix and condensed thereto; Class HE to include skim'milk and but­ 2. Modification of the basis of com- milk, should be included in the new Class terfat used to produce butter, nonfat dry n classification and be priced 25 cents Nation adjustment appli- milk, powdered whole milk, Cheddar per hundredweight higher than the pres­ eaoie to the excess price as a corollary to cheese, milk dumped and in shrinkage. cnanges in classification and pricing; ent Class n milk price. Skim milk and They modified their proposal on the butterfat utilized in manufactured prod­ /i ^districting certain counties in record to include in Class HI milk utilized d adjacent to the marketing area for ucts such as evaporated milk, butter, in all cheeses (including Cheddar) hav­ hard and Italian type cheeses and dry Purposes of revising location adjustments ing 50 percent or more butterfat on a eiass prices and in paying producers; milk solids, whole or nonfat, should be dry basis (generally cheeses manufac­ classified as Class HI and priced on the mi* “h^hiation of provisions which per- tured from whole milk) and in Class H, basis of the present Class H pricing . , *iool Plant status of reload facilities all other cheeses not meeting this but­ formula. r PPhits for pricing producer milk; terfat standard. Other items proposed for Condensed milk utilized in the manu­ .-Providing for the proration of re- inclusion in Class H were evaporated among several handlers with re- facture of any product as here defined as milk and the products to which the spe­ Class H should also be classified as Class lnswi * split deliveries of a bulk tank cial Class H location adjustment is now °ad of producers’ milk; H. Condensed not so utilized should be applicable in the District 1 area, mainly Class HE.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 No. 154- -8 11568 PROPOSED RULE MAKING Ice cream, ice cream mix, and cottage less than the cost of moving an equiv­ III products produced in his plant but cheese constitute a substantial outlet for alent volume of fluid skim milk in an also must establish his actual disposition reserve market supply of producer milk. unconcentrated state. Hence, to allow and month-end inventory of such prod­ Also, the ice cream and cottage cheese location differentials based on the cost ucts. The necessary changes in this re­ market is a year-round market requiring of moving whole milk or skim milk in a gard are provided in the attached order. regularity of supply of producer milk to volume equivalent to the solids in the 2. Computation of the location adjust­ meet the market needs. During 1965, concentrated product would result in ments for excess milk. Money paid by about 25 percent of producer milk was so producers paying the cost of transporting handlers for Class n milk in excess of utilized. The principal use of condensed to District 1, the water, which was re­ the Class n i price should be distributed milk in the market is in the manufacture moved from the skim milk at the coun­ to producers in all districts through the of these products. try plants. excess milk location adjustment in a Although there is no requirement To prevent this, the rate of location manner similar to that now provided for throughout the area that Grade A milk differential on Class I products should be in District 1. The funds made available be used in the manufacture of ice cream, established at one-half the rate appli­ through the pool would for any month ice cream mix and cottage cheese, there cable to Class I milk. No change should be prorated over all producer excess milk is, however, a general demand by han­ be made in the rate of the location pooled for that month. This will assure dlers for Grade A milk and skim milk on differential applicable to the uniform that all producers on the market will a regular basis for such uses. price paid to producers. share uniformly in returns in utilization Handlers manufacturing ice cream and Proponents proposed that the location in the higher valued Class H products. cottage cheese in this market rely upon differential on Class II milk should not The amount available should first be cooperative associations for a substantial exceed 25 cents regardless of the location applied to excess milk except that the quantity of the Grade A supply of pro­ of the plant. Otherwise, producers could location adjustment rate to apply on ex­ ducer milk for such purposes. receive a price less than the Class in cess milk should not exceed a maximum The added value now associated with price for a portion of their milk. Fixing of 25 cents per hundredweight for Dis­ producer milk in such uses in the Dis­ the location differential for Class II milk trict 1 and specified lesser amounts in trict 1 area above that of other manu­ at one-half the rate established for Class other districts. Any amount in excess factured products should attach also to I milk will eliminate the possibility, since of that required to pay the excess loca­ all the milk so utilized by handlers regu­ the maximum rate applicable to Class I tion adjustment should be added to the lated under the order. This, together with milk is 40 cents per hundredweight. base pool. appropriate adjustments for location as While Italian type cheeses and evapo­ 3. Location adjustments. The order hereinafter adopted, will promote uni­ rated milk in many cases contain Grade now divides the marketing area and ad­ formity in pricing among handlers, re­ A milk, they are not products required jacent portions of the milkshed into sev­ gardless of the location of their plants, under the applicable health regulations eral districts for the purpose of pricing and will return unif ormly to all producers to be made from Grade A milk. They are producer milk in accordance with its on the market the proceeds for such storable, easily transported and compete location value. Certain of these districts higher valued uses. in the national market with similar prod­ should be redefined as follows: (1) ucts from other sources (both federally Thurston and Grays Harbor Counties, The Everett-Seattle-Tacoma metro­ now in District No. 1, where there are politan areas are the predominant popu­ regulated and unregulated) where the applicable price approximates the Puget no applicable location adjustments, lation centers in the market and thus should be included in the 15-cent and 20- represent the principal outlets for fluid Sound Class III price (the present Class II price). cent per hundredweight location ad­ milk products as well as ice cream, cot­ justment zones, respectively; and (2) tage cheese and other Class II products. As stated earlier, Mozzarella cheese processed by regulated handlers in this Mason County (not a part of the desig­ Slightly more than two-thirds of the market is «old throughout the entire nated marketing area) now included in milk which would be classified and priced coastal region as well as to outlets lo­ the zero location adjustment zone, as Class n is now received at'District &?■ cated in Alaska and Japan. Evaporated should be, for location pricing only, in­ plants. Of the remainder, some moves milk produced by local plants is regularly cluded in the 15-cent per hundredweight to the market in the form of cottage disposed of to outlets as far away as the zone. The present five districts should be cheese. This cheese is manufactured at a Mexican border. regrouped into four districts, numbered plant located at Chehalis, Wash., which Mozzarella and other varieties of from one to four generally in order of is in. District 3. cheese manufactured at plants located distance from and the cost of transport­ Much of the remaining milk which in Wisconsin and elsewhere are obtain­ ing milk to the market. No change in would be classified as Class II and which able in the Puget Sound market at prices the boundaries of the defined marketing is received at plants outside District 1 is competitive with those of the local manu­ area, however, is involved in these moved in the form of condensed skim facturing plants. Unrealistically high amendments. for use in ice cream and ice cream mixes. prices for Italian type cheeses and evap­ The United Dairymen’s Association The volume of milk moving to the cen­ orated milk would only discourage the proposed to include Grays Harbor tral market in condensed form has been use of producer milk in their manu­ County with Lewis and Pacific Counties increasing steadily. facture, resulting in a loss of important in the 20-cent location adjustment zone; Inasmuch as handlers located in the outlets for reserve milk supplies. Mason County (not in the defined mar­ central market area generally are de­ The order should continue to include keting area) and Thurston County in the pendent upon supplemental Grade A evaporated milk and all cheese except 15-cent zone; and the three northern milk supplies from the other pricing dis­ cottage cheese (and specialty cheeses, tiers of townships in Snohomish County tricts of the marketing area, the differ­ i.e., baker’s, pot, cream, neufchatel) in in a new 10-cent zone. Presently the ences in cost of transporting producer the lowest surplus classification together counties of Grays Harbor, Mason, Thurs­ milk for the higher valued Class II uses with butter, dry milk solids and related ton, and Snohomish are a part of District should be reflected in the relative returns products. The three-class system as here 1 where no location adjustments apply- to producers in the respective districts. adopted provides for classification and The most economical means for suP" The proponents recommended that the pricing of manufactured dairy products plying the Class I needs of the marke location differentials applicable to Class similar to that provided under the Inland is for nearby milk to be delivered fr°m II milk be at the same rate as those Empire order market, the nearest fed­ farms to bottling plants to the full ex­ applied to Class I milk. erally regulated market to the Puget tent available and for more distant sup* As noted above, however, a very sub­ • Sound market. plies to be delivered only when The changed basis for establishing and Seasonal day-to-day reserves can then stantial and increasing proportion of the be diverted economically to manufactur­ milk which would be classified as Class II classifying skim milk and butterfat used at plants located outside District 1 moves to produce manufactured dairy products ing plants in areas where there are faCl1' requires various changes in the order. ties. This optimum arrangement may e to District 1 plants in concentrated form. more nearly achieved by the redistricting The cost of moving skim milk in the form These are necessary since a handler must of cottage cheese or condensed is much not only account for Class n and Class as here adopted.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11569

Producer groups and handlers gener­ plants for manufacturing into such prod­ Differential ally were favorable to the proposed re­ ucts as cheese and ice cream. At the pres­ Plant location cents per cwt. districting of Grays Harbor County. Con­ ent time because of its location in District District 1 or Kitsap or Pierce Counties. 0 troversy centered chiefly on the change 1, no location differential applies to this District 2 or Mason County______15 with respect to Thurston County. milk. Accordingly, the incentive for the District 3 (including the entire counties Grays Harbor County is located at the movement of this milk to the principal of Lewis or Pacific) or Kittitas County. 20 base of the Olympic Peninsula of Wash­ population center, namely Seattle and District 4 and other locations outside the marketing area______40 ington and is presently one of the count- Tacoma, for use in the higher valued ties comprising District 1, in which there fluid milk products is lacking in that pro­ 4. Reload points. Present order provi­ are no applicable location adjustments ducers are paid the same uniform prices sions which provide pool plant status to on Class I milk. The principal population at these outlying manufacturing facilities reload facilities should be eliminated. center in the county consists of the as they would receive if their milk were This change would effect a shift in the neighboring cities of A b e r d e e n and shipped to bottling plants in Seattle or point of the pricing of such milk from Hoquiam. Tacoma. the location of the reload point to the Since the inception of the Puget Sound The present absence of a location ad­ location of the pool plant. order in 1951, Grays Harbor County has justment applicable to this county, Currently, the buildings, premises, and been included in District 1. At the outset therefore, tends to hinder the'efficient facilities of a reload point which meet of regulation for this market, a high movement of milk to nearby Tacoma the approval by an appropriate health percentage of Grade A milk produced in and Seattle, where the milk is needed authority, constitute a “plant” as defined the Aberdeen-Hoquiam milkshed (gen­ for use in Class I. As a consequence, under the order unless all milk handled erally Grays Harbor and Mason Coun- plants located in the central market through such reload facilities during the | ties) was utilized as Class I milk. During have had to draw upon more distant month is moved to a single plant in the 1951,72 percent of such producer receipts sources in the market to supplement same district. Reload facilities which \ at plants located in Grays Harbor County their needs and at an additional cost to have “plant” status likewise have the was disposed of as Class I route disposi­ producers sharing in the marketwide status of pool supply plant under the tion. Since this time, however, most local pool. order if such facility is located in the bottling and manufacturing outlets have Currently, Mason County (although marketing area, or if it is located outside closed. A case in point is the plant located not a part of the marketing area) is the marketing area and moves specified at Satsop which at one time provided an included in the defined area in which no percentages of its Grade A milk in fluid outlet in Grays Harbor County for the location differential applies. form to pool distributing plants during manufacture of reserve milk not required the month. for fluid use. Substantial quantities of Jthe There are presently no known regu­ The United Dairymen’s Association re­ milk produced in this area now move to lated plants in the county to which such quested that the reload points be elimi­ manufacturing facilities located to the provisions are applicable. If, however, a nated from the pricing provisions of the east such as the plant at Chehalis, Wash, plant located in the county should be­ order. (located in the 20-cent location adjust­ come regulated, the producer milk should The Cow Milkers’ Association sup­ ment zone) or to plants located in the be subject to the same 15-cent per hun­ ported the elimination of reload points Seattle area. dredweight location- differential as is adopted herein for regulated plants lo­ for pricing purposes but was opposed to The principal remaining bottling plant cated in Thurston County. The same any change which would affect its own operation in the county is located at marketing conditions which warrant the status as a handler under the order by Hoquiam, Wash. Except for this rela­ inclusion of Thurston County in the 15- virtue of its being an operator of a re­ tively small plant, the principal suppliers cent per hundredweight adjustment zone load facility, a qualified pool plant under of fluid milk and fluid milk products on apply equally to the marketing situation the order. The association representative routes in the consuming centers of the with respect to Mason County. stated, however, that the maintenance county are located outside the county. of handler status under the order is a Since 1961, less' than 30 percent of the In the case of Thurston and Mason temporary problem inasmuch as they P?°^ucer milk in the Grays Harbor milk- counties, no filed hauling rates are indi­ had applied to the Department for recog­ shed has been utilized as Class I milk. cated on the record. However, the 15- nition as a cooperative under § 1125.5 of The 20-cent location adjustment as cent per hundredweight rate corresponds the order. Official notice is taken of the adopted herein for Grays Harbor County closely to filed rates in other parts of fact that this association has now. been the marketing area where conditions and recognized as a qualified cooperative as­ Is the current hauling rate filed by han- terrain are similar. The rate conforms pers with the Public Utility Com m ission sociation under the terms of the order. In Olympia, Wash. also to hauling costs experienced by the As such, the association would be a han­ proponent association in moving milk A witness testifying on behalf of a from this area. dler with respect to its bulk tank ship­ small association of producers located in ments of milk from member farms to the county favored the continuation of The proposal to redistrict a portion pool plants or by diversion of the milk tee present location zone status of Grays of Snohomish County was not sufficiently of its member producers from a pool harbor County but indicated that the ap­ supported by evidence in the record to plant to a nonpool plant. With this ex­ warrant consideration at this time and ception, there was no opposition to the plication of a 20-cent per hundredweight is, therefore, denied. »cation adjustment for the county prob­ changes in reload pricing as adopted ably would result in no long-term dis­ The following portions of the market­ herein. advantage to the producers. This associa- ing area definitions and handler location Appropriate order provisions relating “on presently ships, on a monthly basis, adjustment provisions of the order re­ to the handling of milk through reload pproximately 385,000 pounds of milk to flect the changes adopted by these points must conform to the functions of e Hoquiam bottling plant and approxi- findings. reload facilities in a particular market. in c * 650,000 pounds to outlets located Puget Sound, Wash., marketing area. Such functions vary from one market to . e> Seattle is the primary market “District 1” shall include that portion another. A case in point is that reload ior their producer milk. of the marketing area in King, Pierce, points used as a point of transfer for milk nJt?? changed marketing situation char- and Snohomish Counties. “District 2” moving to the market from distant sources of supply is not characteristic in in Grays Harbor County is simi- shall include Thurston, Skagit, and ™ that which has occurred in Thurs- the Puget Sound market as it is in cer­ Island Counties. “District 3” shall in­ tain other markets. Further, the func­ n .u ty’ now In the district (District nnyil. P-® no location adjustments are clude that portion of the marketing area tions of reload facilities change over time in Grays Harbor, Lewis, Pacific, and in a market as evidenced from testimony PPlieable. Bottling plants which in the on the record. lnr^ w®re located in the county are no Whatcom Counties. "District 4” shall in­ longer in operation. clude San Juan County. Five reload points were in operation tenr^ Induced in this area has since Location adjustments to the Class I as of January this year, all located in Dis­ uea to move to local regulated supply trict 1 of the marketing area. Such facil­ and uniform prices: ities located at Stanwood and Arlington

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10,. 1967 11570 PROPOSED RULE MAKING first plant at which milk is received after shown to affect the orderly marketing (Snohomish County) are operated by of milk in the area. Carnation Company and the Cow Milk­ it leaves the farm. ers’ Association, respectively. The re­ The marketing conditions discussed Rulings on proposed findings and con­ maining three facilities are located in earlier in these findings with respect to clusions. Briefs and proposed findings Snohomish, Thurston, and Grays Har­ changing the pricing of milk moving and conclusions were filed on behalf of bor Counties and are operated by affili­ through reload facilities apply equally certain interested parties. These briefs, ates of United Dairymen’s Association. to the circumstances relating to the split­ proposed findings and conclusions and Testimony of representatives of United ting of a bulk tank load of commingled the evidence in the record were con­ Dairymen’s Association and the Cow producer milk among several handlers. sidered in making the findings and con­ Milkers’ Association was directed to cer­ Under the present terms of the order, a clusions set forth above. To the extent tain marketing practices relating to the handler may “receive” a token portion that the suggested findings and conclu­ movement of milk through reload points of a tank load of milk at a District I plant sions filed by interested parties are in­ which were disruptive to the orderly and cause the remaining portion to be consistent with the findings and conclu­ marketing of milk in the area. It was the backhauled to plants located in the out­ sions set forth herein, the requests to consensus of these witnesses that the lying areas where location adjustments make such findings or reach such conclu­ advantages of reload pricing were far are applicable. Since the entire load is sions are denied for the reasons pre­ outweighed by the uneconomical prac­ considered to have been received at the viously stated in this decision. tices which developed as a consequence. first plant, the producers of such milk General findings. The findings and de­ Milk is being moved from districts in receive the uniform price f.o.b. the cen­ terminations hereinafter set forth are the marketing area where a 15 to 20 cent tral market even though the milk is supplementary and in addition to the per hundredweight location differential is actually utilized at a plant where loca­ findings and determinations previously applicable to reload facilities in District tion differentials apply. This actually made in connection with the issuance of 1 (area of no location differentials) and results in the cost of the extra trans­ the aforesaid order and of the previously then moved back to plants in the origi­ portation being borne by all producers issued amendments thereto; and all of nating district for processing into manu­ on the market. said previous findings and determina­ factured milk products. The costs of such 6. Provision for “other market” milk. tions are hereby ratified and affirmed, uneconomical movements of milk are re­ Provisions for defining producers for except insofar as such findings and de­ flected in lower returns to all producers other markets (not Federal order mar­ terminations may be in conflict with the on the market. Pricing milk at the loca­ kets) in order that milk which is sur­ findings and determinations set forth tion of the pool plant which processes plus to another market’s requirements herein. the milk received through the reload, might be disposed of for manufacturing (a) The tentative marketing agree­ facilities will serve to eliminate such use by handlers regulated under the ment and the order, as hereby proposed marketing practices. Puget Sound order without such milk to be amended, and all of the terms and It is concluded that treatment of a re­ becoming pooled should not be adopted conditions thereof, will tend to effectuate load point under the order in a manner at this time. the declared policy of the Act; identical to that of a pool supply plant Although producer proponents pointed (b) The parity prices of milk as deter- with respect to pricing, location differ­ out that a similar provision relating to .mined pursuant to section 2 of the entials to handlers and performance milk from other Federal order markets Act are not reasonable in view of the requirements for pool status is no longer is already provided for under the terms price of feeds, available supplies of feeds, - serving the conditions of orderly market­ of the order, testimony failed to show and other economic conditions which af- ing in this area and should be discon­ that a serious problem now exists with 'fect market supp’y and demand for milk tinued. A reload point used primarily as respect to milk imports from unregu­ in the marketing area, and the minimum a location at which milk is transferred lated markets. The association’s proposal prices specified in the proposed market- from one farm pickup tank truck to an­ was mot included in the notice of hear­ ing agreement and the order, as hereby other or to an over-the-road.tank truck ing. If at some future time the situation proposed to bs amended, are such prices should not, therefore, be considered a is shown to contribute to market in­ as will reflect the aforesaid factors, in­ plant. This would shift the location of stability, a hearing may be held giving sure a sufficient quantity of pure and pricing on milk moving through reload all interested parties the opportunity wholesome milk, and be in the public points from the location of the reload to be fully heard. interest; and point to the location of the processing 7. Miscellaneous and conforming (c) The tentative marketing agree­ pool plant. changes. The adoption of various pro­ ment and the order, as hereby proposed Any reloading operations on the prem­ posals necessitates," of course, certain to be amended, will regulate the handling ises of a plant engaging in other milk changes in the specific provisions in­ of milk- in the same manner as, and win handling and processing operations volved, as well as conforming changes in be applicable only to persons in the re­ should, however, continue to constitute several other sections of the order. The spective classes of industrial and com- part of the operations of such plant. establishment of a three-class system of mercial activity specified in, a marketing 5. Proration of receipts on split de­pricing milk has also required numerous agreement upon which a hearing o liveries of bulk tank milk. Producer milk changes with respect to references to been held. received at two or more plants-from one “Class II milk” throughout the order. Recommended marketing agreement load shall be priced at the point of actual Two dairy farmers testified briefly that and order amending the order. The io - receipt. Receipts at each plant location in certain milk markets of the U.S. lowing order - amending the order as shall be prorated among the producers powdered whole milk and nonfat dry amended regulating the handling of mus making up the load. milk solids are used in combination with in the Puget Sound, Wash., m a tin g In a corollary proposal to reload pric­ nondairy ingredients in the manufac­ area is recommended as the detailed an ^ ing, the United Dairymen’s Association ture of products which are competitive appropriate means by which the o requested a change in the point of pric­ with milk sold for fluid bottling use. going conclusions may be carried • ing and “accountability” for milk of two The recommended marketing agreem or more producers which is commingled Although their testimony suggested a reclassification of nonfat dry milk solids is not included in this decision because into one bulk tank load and subsequent­ the regulatory provisions thereof worn ly split between two or more plants. In and powdered whole milk to_a higher use classification than is now provided under be the same as those contained m such a situation, they recommended that order, as hereby proposed to be amena the receipts of such milk at the several the Puget Sour.a order (Class II), the plants be prorated among the producers relevancy of such a development else­ § 1125.6 [Amended] whose milk makes up the load. where in, the country to the current mar­ keting situation in the Puget Sound 1. In § 1125.6, the last paragraph^ The present marketing practice for revised to read: “ ‘District 1’ shall me fixing the responsibility for purchase, market was not established. Full con­ that portion of the marketing area and thus the compliance with order re­ sideration of this matter, therefore, should be deferred until such time that King, Pierce, and Snohomish C o ^ - quirements for payment and accurate re­ ‘District 2’ shall include Thurst porting, rests with the operator of the a development of this nature may be

FEDERAL REGISTER, VOL. 32, NO. 154—rTHURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11571 Skagit, and Island Counties. ‘District 3’ ><2ttii); at the end of (b) Class II milk. Class n milk shall tor of the plant to which the milk is a spmi C 4be Period is changed to be all skim milk and butterfat: diverted purchases such milk on the basis a d d e d - an<1 4be w°rd “and” is (1) Used to produce ice cream, and of farm weights and individual producer to read n b f iiew Paragraph (d) is added ice cream mix, frozen desserts, aerated tests, the applicable percentage shall be as follows: cream products, plastic cream, soured 2 percent;

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11572 PROPOSED RULE MAKING and used to receiye milk or milk prod­ tity of such disposition to the second (6) In shrinkage at each pool plant nonpool plant; and as computed pursuant to § 1125.42 (b) (2); ucts required by applicable health au­ thority regulations to be kept physically (4) As follows, if transferred to an and • other order plant in excess of receipts (7) In shrinkage resulting from milk separate from Grade A milk shall be clas­ sified in accordance with the provisions from such plant in the same category for which a cooperative association is the as described in subdivision (i), (ii), or handler pursuant to § 1125.10 (e) or (f) of paragraph (b) of this section; and (5) If the transferor plant received (iii) of this subparagraph: not being delivered to pool plants and (i) If transferred in packaged form, nonpool plants, but not in excess of one- during the month other source milk to be allocated pursuant to § 1125.46(a) classification shall be in the classes to half percent of such receipts, exclusive which allocated as a fluid milk product of those for which farm weights and (6) and (7) and the'corresponding steps of § 1125.46(b), the skim milk and but­ under the other order; individual producer tests are used as the (ii) If transferred in bulk form, clas­ basis of receipt at the plant to which terfat so transferred up to the total of such receipts shall not be classified as sification shall be in Class I if allocated delivered. Class I milk to a greater extent than as a fluid milk product to Class I under § 1125.42 [Amended] would be applicable to a like quantity of the other order, in Class II if allocated 7. In paragraph ,(b) (1) of § 1125.42 such other source milk received at the to Class II under an order that provides the reference “§ 1125.41(b) t6) ” is transferee plant. three classes and in Class III if allocated changed to “§ 1125.41(c) (5)”; and in (b) To a pool supply plant as Class III to Class III under the other order or if paragraph (b) (2) of such section the milk, subject to the following conditions: allocated to Class II under the order reference “§ 1125.41(b) (6) (iv) and (v)” (1) The skim milk or butterfat so as­ that provides only two classes (includ­ signed to Class HI milk shall be limited ing allocation under the conditions set is changed to “§ 1125.41(c) (5) (iv) and forth in subdivision (iii) of this subpara­ (b) ”. to thè amount thereof remaining in Class in milk in the transferee plant after graph) ; i J 8. In § 1125.43, paragraph (a) is revised computations pursuant to § 1125.46(a) (iii) If the operators of both the to read as follows: (7) and the corresponding step of transferor and transferee plants so re­ § 1125.43 Responsibility of handlers § 1125.46(b) for such plant, and any ad­ quest in the reports of receipts and and reclassification of milk. ditional amounts of such skim milk or utilization filed with their respective butterfat shall be assigned to Class n market administrators, transfers in bulk (a) All skim milk and butterfat shall milk to the extent such utilization is form shall be classified as Class II or be Class I milk unless the handler who available. Any additional amounts of Class III to the extent of the Class II first received such skim milk or butter- such skim milk and butterfat shall be as­ or Class HE utilization (or comparable fat can prove to the market administra­ signed to Class I milk and credited to utilization under such other order) avail­ tor that such skim milk or butterfat transfers from transferor plants in the able for such assignment pursuant to should be classified otherwise. sequence at which the least location ad­ the allocation provisions of the trans­ ***** justment applies; feree order; 9. Section 1125.44 is revised to read as (2) If more than one transferor plant (iv) If information concerning the classification to which allocated under follows: is involved, the available Class III and/or Class n milk shall first be assigned to the other order is not available to the § 1125.44 Interplant movements. transferor plants located outside Dis­ market administrator for purposes of Skim milk and butterfat moved by trict 1 and Kitsap and Pierce counties, establishing classification pursuant to transfer, and by diversion under para­ and then in sequence to the plants at this subparagraph, classification shall graph (c) of this section, as fluid milk which the greatest location adjustment be as Class I, subject to adjustment when such information is available; and products from a pool plant shall be as­ applies; signed (separately) to each class in the (3) If Class HI and/or Class n milk is (v) If tlie form in which any fluid milk following manner: not available in amounts equal to the product is transferred to an other order (a) To a pool distributing plant: As sum of the quantities to be assigned pur­ plant is not defined as a fluid milk Prod­ Class I milk to the extent Class I milk is suant to subparagraph (2) of this para­ uct under such other order, classifica­ available at the transferee plant after graph to plants having the same location tion shall be in accordance with the pro­ computations pursuant to § 1125.46(a) adjustments, the transferee handler may visions Of § 1125.41. (7) and the corresponding step of designate to which of such plants the § 1125.45 [Amended] § 1125.46(b), subject to the following available Class in and/or Class II shall provisions: 10. In § 1125.45, the reference be assigned; and “§§ 1125.53 and 1125.54” where it ap­ (1) In the event the quantity trans­ (c) To a nonpool pianti ferred exceeds the total of receipts from (1) Except as provided for in sub- pears in the second sentence of producers and other pool plants at the paragraphs (3) and (4) of this para­ graph (a), is changed to “§ 1125.53 . transferor plant, such excess shall be graph, as Class I milk, if transferred or § 1125.46 [Amended] assigned to the available milk in each diverted to a nonpool plant located out­ 11. In § 1125.46, the term “Class H* class at the transferee plant in series be­ side the marketing area. where it appears in two places in para ginning with Class HE; (2) As Class I milk, if transferred or graph (a)(1), once in (a) (2) (11» (2) If more than one transferor plant diverted to a producer-handler as defined in (a) (3), once in (a) (5), and in (a) (» is involved, the available Class I milk in any order (including this part) issued is changed to “Class HI”. shall first be assigned to pool plants lo­ pursuant to the Act, or to the plant-of such a producer-handler; 12. In § 1125.46 the reference “§ 1125.- cated in District 1, and the counties of 41(b)(6)” as it appears in paragrapu Pierce and Kitsap, and then in sequence (3) As Class n milk to the extent such utilization is available and then to Class (a) (1) is changed to “§ (5 ■ to the plants at which the least location the text of subparagraph (4) immea adjustment applies; ttt milk, if transferred or diverted to a nonpool plant from which fluid milk ately preceding subdivision (i)M» su (3) If Class I milk is not available in paragraph is changed to read Su _ ’ amounts equal to the sum of the quanti­ products are not distributed on routes, subj ect to the following conditions : in the order specified below in sequ ties to be assigned pursuant to subpara­ beginning with Class HI, graph (2) of this paragraph to plants (i) The transfer or diversion shall be classified as Class I milk unless the mar­ pounds of skim milk remaining in oias having the same location adjustments, II and Class m but not in excess of g the transferee handler may designate to ket administrator is permitted to audit the records of the nonpool plant for pur­ quantity:”; the phrase “Ciass li t f i^ which of such plants the available Class tion” where it appears m both sub I milk shall be assigned; poses of verification; (ii) If such nonpool plant disposes of sions (i) and (iii) of subparagraph w , (4) Notwithstanding the prior provi­ is changed to “Class II or C^ss m u sions of this paragraph, any such skim fluid milk products to any other nonpool lization”; and the text of subdivisionead milk and butterfat transferred in bulk plant distributing fluid milk products on routes, the transfer or diversion shall be of subparagraph (7) is changed rthc from a pool plant to a pool distributing “In series beginning with Class ^ plant in which facilities are maintained classified as Class I milk up to the quan-

ppitm n d c a i c t e d u o i m NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11573 pounds determined by multiplying the ant to § 1125.51 less a location adjust­ the value of producer milk allocated to pounds of such receipts by the larger of ment for such plant shown in the table Class II pursuant to § 1125.46 at the Class the percentage of estimated Class II and below: II price adjusted for location of the re­ Class III utilization of skim milk an­ spective pool plants exceeds the value nounced for the month by the market Adjustment of producer milk so allocated to Class administrator pursuant to § 1125.22 (m) (cents/cwt) Plant location H at the Class III price. The resulting or the percentage that Class II and Class amount is divided by the value of excess m utilization remaining is of the total Class I Class II location adjustments at the applicable remaining utilization of skim milk of the rates set forth in subdivision (i) of this handler; and”. District 1 or Kitsap or Pierce subparagraph and rounded to the second Counties__ 0 0 13. Section 1125.51 is revised to read District 2 or Mason County...... 15 7.5 decimal place. as follows: District 3 (including the entire (b) In making payments to a co­ counties of Lewis and Pacific) § 1125.51 Class prices. or Kittitas County.____...... 20 10.0 operative association pursuant to § 1125.- District 4 and other locations out­ 80(d) deductions may be made at the Subject to the provisions of §§ 1125.52 side the marketing area...... 40 20.0 rates specified in § 1125.53 for the loca­ and 1125.53, the minimum class prices per tion of the plant at which the milk was hundredweight of milk for the month § 1125.67 [Amended] received from the cooperative associa­ shall be as follows: tion. (a) Class I milk. The price for Class I 16. In § 1125.67, the term ‘‘Class II (c) For purposes of computations pur­ milk shall be the basic formula price for milk” where it appears in subparagraph suant to §§ 1125.84 and 1125.85 the the preceding month plus $1.65, and plus (1) (i) of paragraph (a) is changed to weighted average price for all milk shall 20 cents through April 1968. “Class II or Class HI milk”; the term be adjusted at the rates set forth in (b) Class II milk. The price for Class “Class H price” where it appears in para­ § 1125.53 for Class I milk applicable at II milk shall be the Class HI price com­ graph (b) (4) is changed to “Class HI the location of the nonpool plant from puted pursuant to paragraph (c) of this price”, -s’ which the milk was received. section, plus 25 cents per hundredweight. § 1125.70 [Amended] (c) Class III milk. The price for Class § 1125.82 [Amended] III milk shall be the basic formula price 17. In § 1125.70, the reference “§§ 1125. 21. In § 1125.82 the words “and Class for the month but not to exceed the 52, 1125.53 and 1125.54” where it appears IH” are added immediately following the price computed as follows: in paragraph (a) is changed to “§§ 1125. words “Class n ”. 52 and 1125.53” and the words “Class II (1) Multiply the-Chicago butter price § 1125.84 [Amended] by 4.2; ^ price” where they appear in paragraph (2) Multiply by 8.2 the weighted aver­ (d) are changed to “Class HI price”. 22. In § 1125.84, the words “Class II age of carlot prices per pound for nonfat § 1125.72 [Amended] price” where they appear in paragraph (a) (3) are changed to “Class n i price”. dry milk solids, spray process, for human 18. In § 1125.72(a) (2), the words consumption, f.o.b. manufacturing plants “Class II price” are changed to read Signed at Washington, D.C., on August in the Chicago area, as published for the “Class IH price”. 7, 1967. period from the 26th day of the immedi­ Clarence H. G irard, ately preceding month through the 25th § 1125.80 [Amended] Deputy Administrator, day of the current month by the Depart­ 19. In § 1125.80, the reference “§§ 1125. Regulatory Programs. ment; and 53 and 1125.54” where it appears in para­ [F.R. Doc. 67-9373; Filed, Aug. 9, 1967; (3) From the sum of the results ar­ graph (c) is changed to “§ 1125.53”. rived at under subparagraphs (1) and (2) 8:48 a.m.] of this paragraph subtract 48 cents, and 20. Section 1125.81 is revised to read round to the nearest cent. as follows: 14. Section 1125.52 is revised to read§ 1125.81 Location adjustments to pro­ DEPARTMENT OF as follows: ducers and on nonpool milk. (a) In making payments to producers TRANSPORTATION § 1125.52 Butterfat differentials to han­ pursuant to § 1125.80(a), subject to the dlers. application of § 1125.12(c), the following Federal Aviation Administration If the average butterfat content of adjustments for location are applicable: Class I milk, Class II milk or Class III (1) Deduction may be made per hun­ [ 14 CFR Part 61 ] milk computed pursuant to § 1125.46, dredweight of base milk received from [Docket No. 7791; Notice 67-36] differs from 3.5 percent, there shall be producers at respective plant locations added to, or subtracted from, the appli­ at the same per hundredweight rates as PRIVATE PILOT SOLO CROSS­ cable class price (§ 1125.51) for each one- specified for Class I milk in the table set COUNTRY EXPERIENCE tenth of 1 percent that the average but­ forth in § 1125.53; and terfat content of such class is respec­ (2) There shall be added to the uni­ Requirements for Applicants on tively above, or below, 3.5 percent, a form price for excess milk received from Isolated Islands outterfat differential computed as fol­ producers at the respective plant loca­ The Federal Aviation Administration lows, rounded to the nearest one-tenth tions the lesser of the applicable rates cent: shown in subdivision (i) or (ii) of this is considering amending Part 61 of the h if'* c toss I milk. Multiply the Chicago subparagraph: Federal Aviation Regulations to expand outter price for the preceding month by (i) Plant location: the scope of § 61.85(b) to cover all ap­ u.125; and Rate plicants for private pilot certificates who (cents/ew t.) are located on isolated islands and can lw i? . Class 11 milk and Class 111 m ilk- Multiply the Chicago butter price for the District 1 or Kitsap or Pierce Counties__ 25 only complete the cross-country require­ current month by 0.120. District 2 or Mason County______10 ments of § 61.85(a) (3) by making long Districts (including the entire counties overwater flights. § 1125.54 [Revoked] of Lewis and Pacific) or Kittitas Interested persons are invited to par­ , ■f®- Section 1125.54 is revoked, and County ______5ticipate in the making of the proposed District 4 and other locations outside 125.53 is revised to read as follows: the marketing area______0 rule by submitting such written data, 1125.53 Location adjustments on Class views, or arguments as they may desire. 1 and Class II milk. (ii) The rates per hundredweight de­ Communications should identify the reg­ termined by multiplying the adjustments ulatory docket or notice number and be mn?e tprice of Class I and Class n shown in subdivision (i) of this sub- submitted in duplicate to: Federal Avia­ nni + , a.ck Plant shall be, regardless of paragraph by a percentage computed as tion Administration, Office of the Gen­ iri u • ^Position within or outside the set forth below and rounded to the near­ eral Counsel, Attention: Rules Docket arketing area, that computed pursu­ est full cent: Determine the amount that GC-24, 80£LIndependence Avenue SW.,

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11574 PROPOSED RULE MAKING Washington, D.C. 20590. All communi­ quired to make two round trip solo flights Issued in Washington, D.C., on cations received on or before October 9, between the two airports that are far­ August 4,1967. 1967, will be considered by the Admin­ thest apart. J ames F. R udolph, istrator before taking action on the pro­ In consideration of the foregoing, it Director, Flight Standards Service. posed rule. The proposal contained in this is proposed to amend § 61.85 of the Fed­ [FJt. Doc. 67-9363; Filed, Aug. 9, 1967; notice may be changed in the light of eral Aviation Regulations by amending 8:47 a.m.] comments received. All comments sub­ subparagraph (a) (3) and paragraphs (b) and (c), and by adding new para­ mitted will be available, both before and [ 14 CFR Part 71 1 after the closing date for comments, in graphs (d) and (e), to read as follows: [Airspace Docket No. '67—CE—92] the Rules Docket for examination by § 61.85 Airplane rating: Aeronautical interested persons. experience. CONTROL ZONE Section 61.85(b) was originally pro­ (a) * * * Proposed Alteration mulgated as SR—434 on July 9, 1959, in (3) Except as provided in paragraph response to the petition of Naha Flying

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 PROPOSED RULE MAKING 11575 This amendment is proposed under the (latitude 37°14'35" N., longitude 93°23'20" authority of section 307(a) of the Fed­ W.); within 2 miles each side of the 324» gional Air Traffic Division Chief. Any eral Aviation Act of 1958 (49 U.S.C. beaaing from the Springfield RBN, extend­ data, views, or arguments presented dur­ 1348). ing from the 7-mile radius area to 8 miles ing such conferences must also be sub­ northwest of the RBN; within 5 miles west mitted in writing in accordance with Issued at Kansas City, Mo., on July 21, and 8 miles east of the Springfield ILS local­ this notice in order to become part of 1967. izer south course, extending from 1 mile the record for consideration. The pro­ Edward C. Marsh, north to 12 miles south of the OM; and that posal contained in this notice may be Director, Central Region. airspace extending upward from 1,200 feet above the surface within a 25-mile radius changed in the light of comments re­ [F.R. Doc. 67-9364; Filed, Aug. 9, 1967; area of the Springfield Municipal Airport; ceived. 8:47 a.m.] within 7 miles northwest and 10 miles A public docket will be available for southeast of the Springfield VORTAC 210° examination by interested persons in the radial, extending from the 25-mile radius Office of the Regional Counsel, Federal [ 14 CFR Part 71 3 area to 44 miles southwest of the VORTAC; Aviation Administration, Federal Build­ [Airspace Docket No. 67-CE-93] within 7 miles northwest and 10 miles south­ ing, 601 East 12th Street, Kansas City, east of the Springfield VORTAC 240° radial, Mo. 64106. TRANSITION AREA extending from the 25-mile radius area to-37 miles southwest of the VORTAC; within 7 Due to a one-degree change in the Proposed Alteration miles south apd 10 miles north of the Spring- radial for the VOR Runway 8 approach field VORTAC 261° radial, extending from procedure to Cedar Rapids Municipal The Federal Aviation Administration the 25-mile radius area to 51 miles west of Airport and the modification of the NDB is considering amending Fart 71 of the the VORTAC; within a 26-mile radius area (ADF), ILS and VOR approach proce­ Federal Aviation Regulations so as to of the Springfield VORTAC, within 7 miles dures to this airport by placing the pro­ alter the transition area at Springfield, northeast and 10 miles southwest of the cedure turns on the south side of the ap­ Mo. Springfield VORTAC 337° radial, extending proach courses, it is necessary to alter Interested persons may participate in from the 26-mile radius area to 40 miles northwest of the VORTAC; within 7 miles the Cedar Rapids control zone and 700- the proposed rule making by submitting southeast and 10 miles northwest of the foot floor transition area to protect air­ such written data, views, or arguments as Springfield VORTAC 028° radial, extending craft executing these approach proce­ they may desire. Communications should from the 26-mile radius area to 41 miles dures. It is also proposed to alter the be submitted in triplicate to the Director, northeast of the VORTAC; within 7 miles Cedar Rapids 1,200-foot floor transition Central Region, Attention:' Chief, Air southeast and 10 miles northwest of the area and add a 3,500-foot MSL floor Traffic Division, Federal Aviation Ad­ Springfield VORTAC 058° radial, extending transition area in order to permit the ministration, Federal Building, 601 East from the 26-mile radius area to 44 miles Chicago Air Route Traffic Control Center 12th Street, Kansas City, Mo. 64106. All northeast of the VORTAC; and within 8 miles southeast and 11 miles northwest of to provide more efficient air traffic radar communications received within 45 days the Dogwood, Mo., VORTAC 053° and 233° vectoring services to aircraft operating after publication of this notice in the radiais, extending from 7 miles northeast to in the Cedar Rapids and Iowa City, Iowa, Federal R egister will be considered be­ 14 miles southwest of the VORTAC. terminal areas. fore action is taken on the proposed This amendment is proposed under In consideration of the foregoing, the amendment. No public hearing is con­ Federal Aviation Administration pro­ templated at this time, but arrangements the authority of Section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. poses to amend Part 71 of the Federal for informal conferences with Federal Aviation Regulations as hereinafter set Aviation Administration officials may be 1348). forth: _ made by contacting the Regional Air Issued at Kansas City, Mo., on July 21, (1) In § 71.171 (32 F.R. 2071), the fol­ Traffic Division Chief. Any data, views, 1967. lowing control zone is amended to read: or arguments presented during such con­ Edvard C. Marsh, Cedar Rapids, I owa ferences must also be submitted in writ­ Director, Central Region. ing in accordance with this notice in or­ That airspace within a 5-mile radius of [F.R. Doc. 67-9366; Filed, Aug. 9, 1967; Cedar Rapids Municipal Airport (latitude der to become part of the record for con­ 8:48 a.m.] sideration. The proposal contained in 41°53'05'' N., longitude 91°42'45" W.), within 2 miles each side of the Cedar Rapids this notice may be changed in the light ILS localizer west course extending from the of comments received. I 14 CFR Part 71 ] 5-mile radius zone to 8 miles west of the A public docket will be available for [Airspace Docket No. 67-CE-53] OM, within 2 miles each side of the Cedar examination by interested persons in the Rapids, Iowa, VORTAC 264° radial extending Office of the Regional Counsel, Federal CONTROL ZONE AND TRANSITION from the 5-mile radius zone to 8 miles west Aviation Administration, Federal Build­ of the VORTAC, and within 2 miles each side ing, 601 East 12th Street, Kansas City, AREA of the Cedar Rapids VORTAC 092° radial ex­ Mo. 64106. Proposed Alteration tending from the 5-mile radius zone to 9.5 Turbojet and turboprop aircraft op­ miles east of the VORTAC. erations are oh the increase in the The Federal Aviation Administration (2) In § 71.181 (32 F.R. 2148), the fol­ Springfield, Mo., terminal area. In order is considering amending Part 71 of the lowing transition area is amended to to improve air traffic service in this ter­ Federal Aviation Regulations so as to al­ read : minal area, it is necessary to establish ter the control zone and the transition Cedar R apids, Iowa area at Cedar Rapids, Iowa. additional holding patterns for these air­ That airspace extending upward from 700 craft and to alter the 1,200-foot floor Interested persons may participate feet above the surface within a 7-mile radius transition area at Springfield, Mo., to in the proposed rule making by submit­ of Cedar Rapids Municipal Airport (latitude encompass these holding patterns. The ting such written data, views, or. argu­ 41°53'05" N., longitude 9I°42'45" W.), and present 700-foot floor transition area at ments as they may desire. Communica­ within 5 miles north and 10 miles south of Springfield will not be changed as a re­ tions should be submitted in triplicate the Cedar Rapids, Iowa, VORTAC 090° and sult of this proposal. to the Director, Central Region, Atten­ 270° radials extending from 3 miles east to tion: Chief, Air Traffic Division, Federal 13 miles west of the VORTAC; and that air­ hi consideration of the foregoing, the space extending upward from 1,200 feet Federal Aviation Administration pro­ Aviation Administration, Federal Build­ above the surface within an area bounded poses to amend Part 71 of the Federal ing, 601 East 12th Street, Kansas City, by a line beginning at latitude 42°05'00" N., Aviation Regulations as hereinafter set Mo. 64106. All communications received longitude 91°00'00" W., thence south along forth: within 45 days after publication of this longitude 91°00'00" W., to and west along . In § 71.181 (32 F.R. 2148), the follow­ notice in the F ederal R egister will be the north edge of V—434, to and north along ing transition area is amended to read: considered before action is taken on the longitude 92°00'00" W„ to latitude 41°21'00" proposed amendment. No public hearing N., thence northwest along a line extending Springfield, Mo. is contemplated at this time, but arrange­ from latitude 41°21'00" N., longitude 92°00'- 00" W., to latitude 41°30'00" N., longitude That airspace extending upward from 700 ments for informal conferences with 92°15'00" W., thence north along longitude leetabore the surface within a 7-mile radius Federal Aviation Administration offi­ 92°15'00” W., to and west along the north the Springfield, Mo., Municipal Airport cials may be made by contacting the Re­ edge of V-6, to and northeast along the

No. 154-----9 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11576 PROPOSED RULE MAKING east and 10 miles southwest of the Mitchell southeast edge of V—294, to and north along in this notice may be changed in the VOR 300° radial, extending from the VOR to longitude 92°15'00" W., to and east along light of comments received. 19 miles northwest of the VOR; within 5 latitude 42°05'00" N., to the point of begin­ A public docket will be available for miles southwest and 8 miles northeast of the ning; and that airspace extending upward examination by interested persons in the Mitchell VOR 149° radial, extending from from 3,500 feet MSL within an area bounded Office of the Regional Counsel, Federal the VOR to 12 miles southeast of the VOR; on the north by the arc of a 29-mile radius and within 5 miles each side of the Mitchell circle centered on the Waterloo, Iowa, Aviation Administration, Federal Build­ ing, 601 East 12th Street, Kansas City, VOR 120° radial extending from the VOR VORTAC, on the east by longitude 92°15'00" to 12 miles southeast of the VOR. W., on the south by the north edge of V-172, Mo. 64106. on the west by longitude 92“53'00" W., and Since qualified personnel of North Cen­ These amendments are proposed under on the northwest by the southeast edge of tral Airlines have agreed to provide the authority of section 307(a) of the V—161, and within an area bounded on the weather reporting services at the Mitch­ Federal Aviation Act of 1958 (49 U.S.C. north by the south edge of V—172, on the east ell, S. Dak., Municipal Airport on a daily by longitude 92°15'00'' W.,- on the south­ 1348). east and south by the northwest and north part-time basis, a part-time control zone Issued in Kansas City, Mo., on July 21, edge of V-294, and on the west by longitude can be designated at this location. The weather reporting services will be pro­ 1967. 92°53'00'' W. Edward C. Marsh, vided during the hours that the control Director, Central Region. These amendments are proposed under zone is effective, initially from 0600 to the authority of section 307(a) of the 2100 hours local time daily. The proposed [F.R. Doc. 67-9368; Filed, Aug. 9, 1967; Federal Aviation Act of 1958 (49 U.S.C, control zone, during the times it is in 8:48 a.m.] 1348). effect, will provide controlled airspace Issued at Kansas City, Mo., on June 15, protection for departing aircraft in their 1967. climb to 700 feet above the surface and Daniel E. Barrow, for aircraft executing the prescribed in­ DEPARTMENT OF HEALTH, EDUCA­ Acting Director, Central Region. strument y approach procedures during descent below 1,000 feet above the sur­ TION, AND WELFARE [F.R. Doc. 67-9367; Filed, Aug. 9, 1967; face. In addition, the VOR special instru­ 8:48 a.m.] ment approach procedures for Runways Food and Drug Administration 12/30 and the VOR public instrument [21 CFR Part 171 approach procedure for Runway 12 for [ 14 CFR Part 71 1 the Mitchell, S. Dak., Municipal Airport BAKERY PRODUCTS [Airspace Docket No. 67-CE—89] have been modified. Therefore, it is nec­ Bread; Withdrawal of Petition and essary to alter the Mitchell transition Termination of Proposed Rulemaking CONTROL ZONE AND TRANSITION area to protect aircraft executing these AREA revised approach procedures. In the matter of amending the defini­ In consideration of the foregoing, the tion and standard of identity for bread Proposed Designation and Alteration Federal Aviation Administration pro­ (21 CFR 17.1) to permit the use of poses to amend Part 71 of the Federal tallowyl-/3-lactic acid as an optional The Federal Aviation Administration Aviation Regulations as hereinafter set ingredient: . is considering amending Part 71of the forth: A notice of proposed rulemaking in Federal Aviation Regulations so as to (1) In § 71.171 (32 F.R. 2071), the fol­ the above-identified matter was pub­ designate a control zone and alter the lowing control zone is added: lished in the F ederal R egister of May 21, transition area at Mitchell, S. Dak. Mitchell, S. Dak. 1966 (31 F.R. 7412), based on a petition Interested persons may participate in filed by Swift & Co., Packers and Ex­ the proposed rule making by submitting Within a 5-mile radius of Mitchell Muni­ change Avenues, Chicago, 111. 60609. such written data, views, or arguments cipal Airport (latitude 43°46'25" N., longi­ tude 98°02'25" W.); within 2 mUes each Notice is given that the petitioner has as they may desire. Communications side of the Mitchell VOR 149° radial, extend­ withdrawn its petition and the rulemak­ should be submitted in triplicate to the ing from the 5-mile radius zone to 8 miles ing proceeding in this matter is termi­ Director, Central Region, Attention: southeast of the VOR; and within 2 miles nated. The withdrawal of this petition Chief, Air Traffic Division, Federal Avia­ each side of the Mitchell VOR 300° radial, is without prejudice to a future filing- tion Administration* Federal Building, extending from the 5-mile radius zone to This action is taken pursuant to the 601 East 12th Street, Kansas City, Mo. 8 miles northwest of the VOR. This control provisions of the Federal Food, Drug, and 64106. All communications received zone is effective during the specific times es­ Cosmetic Act (secs. 401, 701, 52 Stat. within 45 days after publication of this tablished in advance by a Notice to Airmen. The effective date and time will thereafter 1046, 1055, as amended 70 Stat. 919, 72 notice in the F ederal R egister will be be continuously published in the Airmen’s Stat. 948; 21 U.S.C. 341, 371) and under considered before action is taken on the Information Manual. the authority delegated to the Commis­ proposed amendments. No public hearing sioner of Food and Drugs by the Secre­ is contemplated at this time, but arrange­ (2) In § 71.181 (32 F.R. 2148), the fol­ tary of Health, Education, and Welfare ments for informal conferences with lowing transition area is amended to (21 CFR 2.120). Federal Aviation Administration officials read: may be made by contacting the Regional Mitchell, S. Dak. Dated: August 2, 1967. Air Traffic Division Chief. Any data, That airspace extending upward from 700 J. K. Kirk, views, or arguments presented during feet above the surface within a 9-mile radius Associate Commissioner such conferences must also be submitted of Mitchell Municipal Airport (latitude * , for Compliance. in writing in accordance with this notice 43°46'25'' N., longitude 98°02'25" W.); and that airspace extending upward from 1,200 [F.R. Doc. 67-9385; Filed, Aug. 9, 1967; in order to become part of the record for 8:49 a.m.] consideration. The proposals contained feet above the surface within 6 miles north-

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11577 Notices

2. No adverse comments were receivedT. 4 S., R. 60 E., DEPARTMENT OF THE INTERIOR following publication of a notice of pro­ Secs. 5 to 8, inclusive; posed classification (31 F.R. 131), or at Secs. 17 to 20, inclusive; Bureau of Land Management the public hearing at Ridgway, Mont., Sec. 25; [Sacramento 079389] Secs. 27 to 34, inclusive; held on May 31, 1967. The record show­ Sec. 36. CALIFORNIA ing the comments received and other in­ T. 5 S., R. 60 E., formation is on file and can be examined Secs. 3 to 11, inclusive; Notice of Partial Termination of Pro­ in the Miles City District Office, Miles . Secs. 14 to 36, inclusive. T. 6 S„ R. 60 E. posed Withdrawal and Reservation City, Mont. The public lands affected by T. 7 S., R. 60 E. of Lands this classification are located within the T. 8 S., R. 60 E. J uly 28, 1967. following described areas and are shown T. 9 S., R. 60 E. Notice of a Bureau of Land Manage­ T. 4 S., R. 61 E., on maps on file in the Miles City District Secs. 19 to 21, inclusive; ment, U.S. Department of the Interior^' Office and at the Land Office of the Bu­ Secs. 28 to 33, inclusive. application, Sacramento 079389 for reau of Land Management, Federal T. 5 S.. R. 61 E., withdrawal and reservation of lands for Secs. 2,10, and 11; recreation purposes, was published as Building, Billings, Mont. Secs. 14 and 15; P.R. Doc. No. 65-3338 on page 4261 of the Principal Meridian, Montana, Secs. 19 to 36, inclusive. T. 6 S., R. 61 E. issue for April 1, 1965. The applicant Carter County agency has canceled its application inso­ T. 7 S., R. 61 E. T.1S..R.55E. T. 8 S., R. 61 E. far as it affects the following described T. 2S..R .55E. T. 9 S., R. 61 E. lands: T. 3 S., R. 56 E. T. 5 S., R. 62 E., Mount D iablo Meridian, California T. 4 S.; R. 55 E., Secs. 30 to 32, inclusive. Secs. 1 to 16, inclusive; T. 6 S., R. 62 E. T. 14 N., R. 11 W., Secs. 21 to 28, inclusive; T. 7 S., R. 62 E. Sec. 17, lot 7. Secs. 33 to 36, inclusive. T. 8 S., R. 62 E. The area described contains 40 acres T. 5 S., R. 55 E. T. 9 S., R. 62 E. in Mendocino County. T. 8 S., R. 56 E., T. 6 S , R. 63 E. Secs. 1 and 2; T. 7 S., R. 63 E. Therefore, pursuant to the regulations Secs. 11 to 15, inclusive; T. 8 S., R. 63 E. contained in 43 CFR Part 2311, such Secs. 20 to 29, inclusive; T. 9 S., R. 63 E. lands at 10 a.m., on August 30, 1967, will Secs. 32 to 36, inclusivë. T. 1 N., R. 55 E. be relieved of the segregative effect of T. 9 S., R. 55 E. T. 2 N., R. 55 E. the above-mentioned application. T. 1 S., R. 56 E. T. 3 N., R. 55 E. T. 2 Bit R. 56 E. T. 4 N., R. 55 E. R. J. Litten, T. 3 S., R. 56 E. T. 1 N., R. 56 E. Chief, Lands Adjudication Section. T. 4 S., R. 56 E. T. 2 N., R. 56 E., T. 5 S., R. 56 E. Sec. 31.' [P.R. Doc. 67-9344; Filed, Aug. 9, 1967; T. 6 S., R. 56 E„ T. 3 N., R. 56 E„ 8:46 a.m.] Secs. 1 to 33, inclusive; Secs. 6, 7,18,19, 29, and 30. Secs. 35 and 36. T. 7 S., R. 56 E. The areas described above aggregate [Montana 1626] T. 8 S., R. 56 E. approximately 490,588 acres. T. 9 S., R. 56 E. 3. For a period of 30 days, interested MONTANA T. 1 S., R. 57 E. , parties may submit comments to the Notice of Classification of Public Lands T. 2 S., R. 57 E. Secretary of the Interior, LLM, 721, T. 3 S., R. 57 E. for Multiple Use Management Washington, D.C. 20240 (43 CFR 2411.1- T. 4 S., R. 57 E. 2 (d)). August 4, 1967. T. 5 S., R. 57 E. T. 6 S„ R. 57 E. H arold T ysk, 1. Pursuant to the Act of SeptemberT. 7 S., R. 57 E. State Director. 19, 1964 (43 CFR 1411-18) and to the T. 8 S., R. 57 E. [FR. Doc. 67-9341; FUed, Aug. 9, 1967; regulations in 43 CFR Parts 2410 and T. 9 S., R. 57 E. 8:46 am.) 2411, the public lands within the areas T. 1 S., R. 58 E., described below together with any lands Secs. 6 and 7; Secs. 18 and 19; [Utah 3242] therein that may become public lands in Secs. 30 to 33, inclusive. the future are hereby classified for T. 2 S., R. 58 E. UTAH multiple use management. Publication of T. 3 S., R. 58 E. this notice has the effect of segregating T. 4 S., R. 58 E. Order Opening Lands to Entry and the described lands from appropriation T. 5 S., R. 58 E. Patenting only under the agricultural land laws (43 T.5% S., R. 58 E. U.S.C. Parts 7 and 9; 25 U.S.C. sec 334) T. 6 S., R. 58 E. August 4, 1967. and from sales under section 2455 of the T. 7 S., R. 58 E. 1. In an exchange of lands made under T.8S., R.58E. the provisions of section 8 of the Act of Revised Statutes (43 U.S.C. 1171) and the T. 9 S., R. 58 E. lands shall remain open to all other ap­ T. 2 S., R. 59 E. June 28,1934 (48 Stat. 1269), as amended plicable forms of appropriation, includ­ T. 3 S., R/59 E. (43 U.S.C. 315g), the following described e s the mining and mineral leasing laws. T. 4 S., R. 59 E. lands have been reconveyed to the United As used herein, “public lands” means any T. 5 S., R. 59 E. States: lands withdrawn or reserved by Execu­ T. 6 S., R. 59 E. Salt Lake Meridian tive Order No. 6910 of November 26,1934, T. 7 S., R. 59 E. T. 18 S., R. 14 E., as amended, or within a grazing district T. 8 S., R. 59 E. Sec. 8, SE % NE y4, less right-of-way for established pursuant to the Act of June T. 9 S., R. 59 E. Denver & Rio Qrande Western Railroad T. 3 S., R. 60 E., Co. T934 (48 Stat: 1269), as amended, Sec. 7; which are not otherwise withdrawn or Secs. 18 to 23, inclusive; The area described aggregated 39.4 reserved for a Federal use or purpose. Secs. 26 to 35, inclusive. acres.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11578 NOTICES F lag of Registry 2. The lands are located in Emery drawn as requested by the applicant agency. Gross County near Woodside, Utah. Topog­ Name of Sh ip tonnage raphy is rolling Mancos shale hills with The determination of the Secretary on shallow, poorly developed soils. The lands the application will be published in the British—Continued have values for watershed, grazing, wild F ederal R egister. A separate notice will * »Rosetta Maud (trip to North life, and recreation which can best be be sent to each interested party of record. Vietnam under ex-name, Ard- managed under principles of multiple If circumstances warrant, a public tara—British). Santa Granda------7,229 use. hearing will be held at a convenient time and place, which will be announced. Shienfoon______7,127 3, Subject to valid existing rights, the Shirley Christine------6,724 provision of existing withdrawals, and The lands involved in the application Yungfutary ------5,388 are: the requirements of applicable law, the Salt Lake Meridian, Utah lands will at 10 a.m. on September 10, Cypriot (5 ships)------'- 35,962 T. 1 N„ R. 8 E., 1967, be opened to application, petition, Public Lands Acme..______7,173 location and selection. All valid applica­ ,* »Agenor (trips to North Viet­ tions received at or prior to 10 a.m. on sec. 28, sy2Nwy4Nwy4, sy2Nwy4; nam—Greek). September 10, 1967, shall be considered Sec. 29, Ey2SW%NE%NE%, SE^NE% »»Alkon (trips to North Viet­ as simultaneously filed at that time. NE sy2NE%, NE14SE1/4NW&, S % nam—Greek—broken u p). SE%NW%; Those received thereafter shall be con­ Sec. 30, Lot 4, SE^SW ^. SW%SE&. »Amflali------7,110 sidered in the order of filing. A m fltriti______7,147 Nonpublic Lands A m on------— ------7,229 Inquiries concerning the lands should Antonia II______7,303 be addressed tqjbhe Bureau of Land Man­ Sec. 30, SE%SE%. agement, Post Office Box 11505, Salt Lake The areas described including both Greek (2 ships)------14,289 City, Utah 84111. public and non-public lands aggregate R. D. N ielson, 384.66 acres. * »Agenor (now Cypriot)------■— 7,139 State Director. R. D. N ielson, »»Alkon (now Cypriot—broken up) ______—------7,150 [P.R. Doc. 67-9342; Piled, Aug. 9, 1967; State Director. Italian (1 ship)------8,380 8:46 a.m.] [P.R. Doc. 67-9343; Plied, Aug. 9, 1967; 8:46 am.] »Agostino Bertani______8,380 [Utah 3637] Maltese (1 ship)------7,304 UTAH DEPARTMENT OF COMMERCE Am alia______7,304 Notice of Proposed Withdrawal Maritime Administration Panamanian: * »Saimanca (trips to and Reservation of Lands North Vietnam under ex-name, [Report No. 14] Milford—British). August 4, 1967. Polish (28 ships)------177,490 The U.S. Forest Service, Department LIST OF FOREIGN FLAG VESSELS AR­ of Agriculture, has filed an application RIVING IN NORTH VIETNAM ON AndrZej Strug------6,919 for the withdrawal of the lands described OR AFTER JAN. 25f 1966 Beniowski______------i 10,443 below, from all forms of appropriation Djakarta ------6,915 S ection l^The President has approved •Energetyk------10,876 except the general mining and mineral a policy of denying the carriage of U.S. General Sikorski.------6,785 leasing laws. Government-financed cargoes shipped Hanka Sawicka------6,944 The applicant desires the land for ex­ from the United States on foreign-flag H anoi______6,914 Hugo Kollataj------3,755 tending the boundaries of the Wasatch vessels which called at North Vietnam 6,748 National Forest. ports on or after January 25, 1966. Jan Mate] ko------Jozef Conrad__ s______8,730 For a period of 30 days from the date The Maritime Administration is mak­ Kapitan Kosko------6,629 of publication of this notice, all persons ing available to the appropriate U.S. Kochanowskl______8,231 who wish to submit comments, sugges­ Government Departments the following Konopnicka------9, 690 tions, or objections in connection with list of such vessels which arrived in »Kraszewski ------10,363 the proposed withdrawal may present North Vietnam ports on or after January Lelewel ------7, 817 their views in writing to the undersigned 25, 1966, based on information received Marceli Nowotko------6,660 Marian Buczek------7,053 officer of the Bureau of Land Manage­ through August 3, 1967. This list does 5.512 not include vessels under the registration Norwid______ment, Department of the Interior, Post Phenian______6,923 Office Box 11505, Salt Lake City, Utah of countries, including the Soviet Union Stefan Okrzeja------6,620 84111. and Communist China, which normally Trans portowiec------10, 854 The Department’s regulations (43 CFR do not have vessels calling at U.S. ports. Wienlawski______9,190 6, 919 2311.1-3 (c)) provide that the authorized F lag of Registry Wladyslaw Broniewski. officer of the Bureau of Land Manage­ Name of Sh ip Gross Sec. 2. In accordance with approved ment will undertake such investigations tonnage procedures, the vessels listed below which as are necessary-to determine the exist­ Total, all flags (45 ships) — _ 313,467 called at North Vietnam on or after ing and potential demand for the lands January 25, 1966, have reacquired eligi­ and their resources. He will also under­ British: (13 ships)------70,042 bility to carry U.S. Government-financed take negotiations with the applicant Ardgroom ------—— 7,051 cargoes from the United States by virtue agency with the view of adjusting the Ardrossmore------5,820 o f/ the persons who control the vessels application to reduce the area to the Ardrowan —------7,300 having given satisfactory certification minimum essential to meet the appli­ **Ardtara (now Rosetta Maud— cant’s needs, to provide for the maxi­ British) ______:------JU- 5.795 and assurance: mum concurrent utilization of the lands D artford------2,739 (a) that such vessels will not, thence­ for purposes other than the applicant’s, Greenford______---•______— 2,964 forth, be employed in the North Vietnam to eliminate lands needed for purposes Isabel Erica______7,105 trade so long as it remains the policy of more essential than the applicant’s, and *Kingford ^------2,911 * »Milford (now Salamanca—Pan­ the U.S. Government to discourage such to reach agreement on the concurrent amanian) ______1,889 management of the lands and their trade and; resources. »Added to Report No. 13 appearing in the (b) that no other vessels under their The authorized officer will also prepare F ederal Register issue of June 20, 1967. control will thenceforth be employed in a report for consideration by the Secre­ * »Ships appearing on the list that have the North Vietnam trade, except as pro­ tary of the Interior who will determine been scrapped or have had changes in name whether or not the lands will be with­ and/or flag of registry. vided in paragraph (c) and;

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11579 (c) that vessels under their control Aug. 5, 1967, item (2) should read as (p-chlorophenoxy) phenyl) - 1,1-dimeth- which are covered by contractual obli­ follows: ylurea in or on the raw agricultural com­ gations, including charters, entered into (2) Subparagraph If of section A is modities soybeans and soybean hay. prior to January 25, 1966, requiring their revised to read: The analytical method proposed for employment in the North Vietnam trade determining residues of the herbicide in­ shall be withdrawn from such trade at volves hydrolysis to p-chlorophenoxyani- the earliest opportunity consistent with line, diazotization, and coupling with N- such contractual obligations. DEPARTMENT OF HEALTH, EDU­ 1-naphthylethylenediamine to form ' a F lag of Registry colored compound which is determined a. Since last report: None. Number CATION, AND WELFARE spectrophotometrically at 578 millimicrons. b. Previous reports: of ships Food and Drug Administration B ritish______,______1 Dated: August 2,1967. AMERICAN CYANAMID CO. Dated: August 4,1967. J. K. Kirk, By order of the Acting Maritime Notice of Filing of Petition for Food Associate Commissioner Administrator. Additive Sulfamerazine for Compliance. James S. Dawson, Jr., Pursuant to the provisions of the Fed­ [F.R. Doc. 67-9388; Filed, Aug. 9, 1967; Secretary. eral Food, Drug, and Cosmetic Act (sec. 8:49 ajn.] [F.R. Doc. 67-9379; Piled, Aug. 9, 1967; 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 8:49 a.m.] (b)(5)), notice is given that a petition has been filed by American Cyanamid FISTERE AND HABBERTON Co., Agricultural Division, Post Office Notice of Filing of Petition for Food Box 400, Princeton, N.J. 08540, proposing Additives the issuance of a food additive regulation DEPARTMENT OF HOUSING AND to 'provide for the safe use of sulfa­ Pursuant to the provisions of the merazine for the control of furunculosis Federal Food, Drug, and Cosmetic Act URBAN DEVELOPMENT in rainbow trout, brook trout, and brown (sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C. trout. 348(b) (5)), notice is given that a petition ACTING REGIONAL ADMINISTRATOR, (FAP 4B1483) has been filed by Fistere REGION III (ATLANTA) Dated: August 2, 1967. and Habberton, 1012 14th Street NW., J. K. Kirk, Washington, D.C. 20005, proposing an Designation Associate Commissioner amendment to § 121.2526 Components of The officers appointed to the following for Compliance. paper and paperboard in contact with listed positions in Region HI (Atlanta) [F.R. Doc. 67-9386; Filed, Aug. 9, 1967; aqueous and fatty foods to provide for are hereby designated to serve as Acting 8:49 a.m;] the safe use of a modified polyamide-epi- Regional Administrator, Region in, dur­ chlorohydrin resin as a retention aid and ing the absence-of the Regional Admin­ flocculant in the manufacture of paper istrator, with all the powers, functions, CHAS. PFIZER & CO., INC. and paperboard intended for food-con­ tact use. and duties redelegated or assigned to Notice of Filing of Petition for Food Dated: August 2,1967. the Regional Administrator, provided Additives Oleandomycin and Di- that no officer is authorized to serve as ethylstilbestrol J. K. Kirk, Acting Regional Administrator unless Associate Commissioner Pursuant to the provisions of the Fed­ for Compliance. all other officers whose titles precede his eral Pood, Drug, and Cosmetic Act (sec. in this designation are unable to serve [F.R. Doc. 67-9389; Filed, Aug. 9, 1967; 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 8:50 a.m.] by reason of absence: (b)(5)), notice is given that a petition 1. Deputy Regional Administrator. has been filed by Chas. Pfizer & Co., Inc., 2. Regional Counsel. 235 East 42d Street, New York, N.Y. HUMBLE OIL & REFINING CO. 10017, proposing the issuance of a food 3. Assistant Regional Administrator additive regulation to provide for the Notice of Filing of Petition for Food for Administration. safe use in cattle feed of oleandomycin Additives 4. Assistant Regional Administrator for growth promotion and feed efficiency, for Program Coordination and Services. alone or in combination with diethylstil- Correction This designation supersedes the desig­ bestrol added for fattening beef cattle. In F.R. Doc. 67-8840, appearing at nation effective June 13, 1962 (27 P.R. page 11091 of the issue for Saturday, 8331, Aug. 21, 1962). Dated: August 2, 1967. July 29, 1967, the section number read­ (Delegation May 4, 1962, 27 F.R. 4319; In­ J. K. Kirk, ing "§ 221.2553” should read “§ 121.2553”. terim Order II, 31 F.R. 815, Jan. 21, 1966) Associate Commissioner for Compliance. Effective as of August 10, 1967. [FJR. Doc. 67-9387; Filed, Aug. 9, 1967; Edward H. Baxter, 8:49 ajn.] DEPARTMENT OF Regional Administrator, Region III. [Fit. Doc. 67-9375; FUed, Aug. 9, 1967; TRANSPORTATION 8:48 a.m.] CIBA AGROCHEMICAL CO. Federal Highway Administration Notice of Filing of Petition Regarding REGROOVED TIRES Pesticides DEPUTY ASSISTANT SECRETARY FOR Sale or Delivery for Introduction in RENEWAL ASSISTANCE AND GEN­ Pursuant to the provisions of the Fed­ Interstate Commerce eral Food, Drug, and Cosmetic Act (sec. ERAL DEPUTY, RENEWAL ASSIST­ 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a On September 9, 1966, the National ANCE (d )(1)), notice is given that a petition Traffic and Motor Vehicle Safety Act of (PP 7F0618) has been filed by CIBA 1966 (the Act) was enacted. Section 204 Redelegations of Authority Agrochemical Co., A division of CIBA (a) of the Act prohibits any person from Correction Corp., Post Office Box 1105, Vero Beach, selling, offering for sale, or introducing Fla. 32960, proposing the establishment for sale or delivering for introduction in Tn PJt. Doc. 67-9203, appearing at of a tolerance of 0.1 part per million for interstate commerce, any tire or motor Page 11390 of the issue for Saturday, negligible residues of the herbicide 3-(p- vehicle equipped with any tire which has

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11580 NOTICES been regrooved. Subsection (b) of sec­ By petition filed July 5, 1967, the Air tual customers.5 We would note in this tion 204 makes violators of the section Freight Forwarders Association (AFFA) regard that the direct carriers have not subject to civil penalties and injunction. on behalf of its 29 members1 requests expressed an interest in attempting to Section 204(a) allows the Secretary to approval for joint meetings between the develop a joint direct-indirect air carrier permit the sale of regrooved tires if they forwarders and the direct air carriers to agreement. It is appropriate, however, are designed and constructed in a man­ discuss air freight credit, billing and col­ for the forwarders to appear at the meet­ ner consistent with the purposes of the lection practices, and for meetings among ings of the direct air carriers, and, since Act. One request for permission to sell the air f reight forwarders themselves in­ the Board's prior order (E-25340, supra), regrooved tires was received July 13, volving the same matters. AFFA cites provides for shipper and indirect air 1967. the recent order2 of the Board authoriz­ carrier comments and appearances, no Preliminary investigation indicates ing discussions among the direct air car­ revision of the terms of the Board’s prior that regrooved tires ^are still being used, riers on the same subject and states that order is necessary or warranted in this particularly on commercial vehicles. the matters to be discussed are of con­ respect. Section 110 of the Act provides that cern to the forwarders in their role as It is not the intent of the Board, how­ “whenever practicable, the Secretary customers of the airlines. In addition, ever, to preclude joint exploration of a shall give notice to any person against AFFA states its belief that the forwarders form of interline settlement between whom an action for injunctive relief is should sit jointly with the direct air car­ forwarders and airlines. contemplated and afford him an oppor­ riers to consider expansion of the air­ Accordingly, pursuant to the Federal tunity to present his views, * * lines’ interline settlement plan (clearing Aviation Act of 1958, and particularly Pursuant to the provisions of sections house) to include forwarders, as well as sections 204(a), 412, and 414 thereof, 204(a), 204(b), and 110(a) of the Na­ the prospect of the total air freight in­ It is ordered, That: tional Traffic and Motor Vehicle Safety dustry reaching a common agreement on 1. All air freight forwarders engaged Act of 1966, anyone who sells, offers for some or all of the practices applicable in interstate or overseas air transporta­ sale, or introduces for sale or delivery to the customers of the whole industry, tion are authorized for a period of 120 for introduction into interstate com­ such as uniform credit and billing ar­ days from the date of this order to merce any tire or motor vehicle equipped rangements, and customer credit criteria. engage in discussions with respect to with any tire that has been regrooved AFFA states that is would undertake to air freight credit, billing, and collection is hereby given opportunity to present notify all Board-authorized AFFA-non- practices in interstate or overseas air views, information and data as to why member forwarders of all meetings, in­ transportation^/ the Secretary should not seek an injunc­ vite them to attend and participate fully 2. A notice of any meeting called pur­ tion in a U.S. district court to restrain in the discussions, and to become signa­ suant to this order to be attended by air such action. Persons subject to this notice tories to any agreements reached. freight forwarders only, ànd an agenda are further offered the opportunity to No objection to the AFFA petition has of matters to be discussed, shall be filed supply information and data which, to been received.3 with the Board in this docket at least 5 their best knowledge and belief, would Upon consideration of the request, the calendar days in advance; form the basis for a request to the Secre­ Board will authorize the domestic air 3. A notice of any meeting called pur­ tary to permit the sale of regrooved tires freight forwarders to discuss and agree suant to this order to be attended by both pursuant to section 204(a) of the Act. on their credit practices and rules. It air freight forwarders and shippers, and Such information and data should in­ is reasonably and desirable that-the for­ an agenda of matters to be discussed, clude but not be limited to the safety of warders, as an industry, strive for uni­ shall be filed with the Board in this such tires under the following conditions form rules and practices,4 with respect docket at least 15 calendar days in ad­ or combinations of conditions, for the to themselves and their customers, and vance; full range of highway operating speeds: it is evident that any'revision of direct 4. All meeting notices and agendas Wet, dry or icy surfaces; air carrier rules and practices might ne­ shall also be mailed to shippers and all Rigid or flexible pavements; and cessitate a revision by the forwarders. air freight forwarders with such notice Various vertical and horizontal high­ The Board does not agree, however, that to include an invitation to submit com­ way alignments. forwarders and airlines must jointly ments upon the agenda matters and to An original and 15 copies of statements establish uniform credit and billing rules request appointments for personal ap­ in response to this notice shall be filed no and practices with respect to their mu- pearances at the carriers’ meetings; later than the close of business August 31, 5. The Board reserves the right to 1967, with the National Highway Safety 1 Acme Air Cargo, Inc., ADD Airfreight have one or more observers in attendance Bureau, Washington, D.C. 20591. Oorp., Aero Special Air Freight, Airborne at all meetings of thé carriers; Freight Carp., Air-Cargo Specialists, Inc., 6. Complete and accurate minutes Any other person may also submit Air-Land Freight Consolidators, Inc., Air-Sea gba.li be kept of b 11 meetings and a true written statements in response to this Forwarders, Inc., Airways Air Freight, Amer- copy thereof filed with the Board not notice. ford International Corp., American Express later than 15 days (excluding Saturdays Co., Barnett Air Cargo, Inc., Berklay Air and Sundays) after the conclusion of Issued in Washington, D.C., on Services Corp., Peter A. Bemacki, Inc., Cal- each meeting; August 2, 1967. Air Forwarders, Inc., Circle Air Freight, Direct Air Freight Corp., Domestic Air Express, 7. Any agreement or agreements L o w e l l K. B r id w e l l, Emery Air Freight Corp., Globe Shipping Co., reached as a .result of such discussions Federal Highway Administrator. Inc., Hensel, Bruckmann & Lorbacher, Inc., shall be filed with the Board in accord­ [F.R. Doc. 67-9369; Filed, Aug. 9, 1967; International Customs Service, Inc., Karr, ance with section 412 of the Act and 8:48 ajn.] Ellis & Co. Inc., H. G. Ollendorff, Inc., Pa­ approved by the Board prior to being cific Air Freight, Inc., Panalpina Air Freight, placed into effect; and Inc., Penson Forwarding Corp., Routed Thru- Pac, Inc., Traffic Dynamics, Inc., WTC Air 'Freight. s as to credit, billing, and collection pe­ CIVIL AERONAUTICS BOARD 8 Order E-25340 dated June 23,1967, Docket riods, the current forwarder agreement cited 18720. in 4 above is unlike the existing direct air [Docket No. 18720; Order No. E-25488] * Several shippers have advised the Board carrier agreement referred to in Order E- AIR CARRIER DISCUSSIONS that they would like to be notified of the 25340, supra (Agreement CAB 6150-A32, ap­ carrier meetings in order to attend and pre­ proved by the Board on September 4, 1962, Order Concerning Air Freight Credit, sent their views. Order E-18769). The airline agreement was * An agreement on uniform credit, billing, filed with the Board on Aug. 13, 1962, fo.- Billing and Collection Practices and collection practices is currently in effect lowed by the forwarder agreement 18 days Adopted by the Civil Aeronautics among 18 forwarders (Agreement CAB 16648, later (Aug. 31, 1962), and in most respects, Board at its office in Washington, D.C., approved by the Board on Oct. 10, 1962, the forwarder agreement is more liberal than on the 3d day of August 1967. Order E-18896). the airline agreement.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11581 8. The petition of Air Freight For­elude the following findings and con­ warders Association in Docket 18720 is clusions: ’ ATOMIC ENERGY COMMISSION denied in all other respects. 1. That the fair and reasonable final This order will be published in the service mail rate to be paid to Florida [Docket No. PRM-40-11] Federal R egister. Air Taxi, Inc., pursuant to Section 406 FENWAL, INC. of the Federal Aviation Act of 1958 for By the Civil Aeronâutics Board. the transportation of mail by aircraft, Notice of Filing of Petition for [seal] H arold R. Sanderson, as authorized by Order E-25491, Au­ Rule Making Secretary. gust 4, 1967, the facilities used and use­ Notice is hereby given that Fenwal In­ [F.R. Doc. 67-9380; Filed, Aug. 9, 1967; ful therefor, and the services connected corporated, Ashland, Mass., by letter 8:49 a.m.] therewith shall be six cents per pound dated May 19,1967, supplemented by let­ for all mail transported. ters dated June 7, 1967, and-July 20, 2. The final service mail rate here 1967, has filed with the Commission a [Docket No. 18753; Order No.E-25492] fixed and* determined is to be paid in petition for rule making to amend the FLORIDA AIR TAXI, INC. its entirety by the Postmaster General. Commission’s regulations pertaining to Accordingly, pursuant to the Federal the licensing of source material. Order To Show Cause; Establishment Aviation Act of 1958 and particularly The petitioner requests that the Com­ of Final Service Rate for Trans­ sections 204(a) and 406 thereof, the reg­ mission amend its regulation “Licensing portation of Mail ulations promulgated in 14 CFR 302, and of Source Material,” 10 CFR Part 40 so the authority delegated by the Board in as to increase the quantity of uranium Issued under delegated authority Au­ 14 CFR 385.14(f), which is exempt from licensing require­ gust 4, 1967. It is ordered, That: ments pursuant to § 40.13(d) of 10 CFR Florida Air Taxi, Inc. (Florida), an Part 40. The petitioner requests that the air taxi operator providing air transpor­ 1. All interested persons and particu­ larly Florida Air Taxi, Inc., the Post­ quantity of uranium specified in § 40.13 tation under the provisions of Part 298 master General, National Airlines, Inc., (d) for use in fire detection units be in­ of the Board’s Economic Regulations, by and Eastern Air Lines, Inc., are directed creased from 0.005 microcurie to one mi­ petition filed June 30,1967, has requested to show cause why the Board should not crocurie of uranium. the Board to establish a final service adopt the foregoing proposed findings The petitioner states that “the basis mail rate of 6 cents per pound for the and conclusions and fix, determine, and for the request is that with the increased transportation of mail by aircraft be­ publish the final rate specified above as quantity, the cost and reliability of the tween Gainesville and Fort Myers on the the fair and reasonable rate of compen­ detector could be appreciably improved one hand, and Tampa, Fla., on the other. sation to be paid to Florida Air Taxi, and, with the proposed method of bond­ In its petition requesting establishment Inc., for the transportation of mail by ing the uranium to the substrate as de­ of this final service mail rate, Florida aircraft, the facilities used and useful scribed in the petition, there will be no states it considers its proposed rate to be therefor and the services connected safety hazard.” fair and reasonable for the services per­ therewith as specified above; The petitioner states that it has con­ formed. In its answer, the Post Office sidered several types of alpha sources and Department supports the proposed rate, 2. Further procedures herein shall be has selected U232 as giving a “sufficient and states that the proposed service will in accordance with 14 CFR Part 302; amount of ionization current per given provide substantially better mail service and, if there is any objection to the rate area along with a reasonable half life.” than can be obtained under the existing or to the other findings and conclusions A copy of the petition for rule making transportation arrangements. No objec­ proposed herein, notice thereof shall be is available for public inspection In the tion has been filed to the level of the filed within 10 days, and if notice is filed, Commission’s Public Document Room at proposed rate. written answer and supporting docu­ 1717 H Street NW., Washington, D.C. ments shall be filed within 30 days after By Order E-25491, August 4, 1967, in the date of service of this order; Dated at Washington, D.C., this fourth this docket, the Board determined to per­ day of August 1967. mit Florida to provide the proposed air 3. If notice of objection is not filed transportation of mail for the period within 10 days, or if notice is filed and if For the Atomic Energy Commission. terminating December 31, 1968. Since answer is not filed within 30 days after service of this order, all persons shall W. B. McCool, no mail rate is presently in effect for this Secretary. carrier, it is necessary to fix and deter- be deemed to have waived the right to Hhne the fair and reasonable rate of a hearing and all other procedural steps [F.R. Doc. 67-9331; FUed, Aug. 9, 1967; compensation to be pai.d Florida by the short of a final decision by the Board, 8:45 a.m.] Postmaster General for the air transpor­ and the Board may enter an order in­ tation of mail. corporating the findings and conclusions The Board, therefore, finds it in the proposed herein and fix and determine AUTOMOTIVE AGREEMENT Public interest to fix and determine the the final rate specified herein; fair and reasonable rate of compensa­ ADJUSTMENT ASSISTANCE BOARD tion to be paid to Florida by the Post­ 4. If answer is filed presenting issues master General for the transportation of for hearing, the issues involved in de­ [APTA No. 6-001] mail by aircraft, the facilities used and termining the fair and reasonable final CERTAIN WORKERS OF FORD MOTOR useful therefor, and the services con­ rate shall be limited to those specifically CO., PENNSAUKEN, N.J. nected therewith, between the aforesaid raised by the answer, except insofar as points. Upon consideration of the peti­ other issues are raised in accordance Notice of Investigation Regarding tion, the Postmaster General’s answer Possible Termination of Certification thereto, and matters officially noticed, the with Rule 307 of the rules of practice Board proposes to issue an order1 to in­ (14 CFR 302.307); and On April 14, 1966, the Automotive 5. This order shall be served upon Agreement Adjustment Assistance Board certified a group of workers of the Ford ti+^S order to show cause does not con­ Florida Air Taxi, Inc., the Postmaster Motor Co., Delaware Valley Parts Depot, stitute a Unal action and merely affords in­ General, National Airlines, Inc., and Pennsauken, N.J., as eligible to apply terested persons an opportunity to be heard Eastern Air Lines, Inc. °n the matters herein proposed, it is not for adjustment assistance (31 F.R. 5982). r*'£?rded as subject to the review provisions This order will be published in the The Board has reason to believe that the or Part 385 (14 CFR, Part 385). The provi­ F ederal R egister. sions of that Part dealing with petitions for operation of the United States-Canadian oard review will be applicable to any final [seal] H arold R. S anderson, Automotive Products Agreement is no action which may be taken by the staff in Secretary. longer the primary factor in causing sep­ matter under authority delegated in [F.R. Doc. 67-9381; Filed, Aug. 9, 1967; section 385.14(g). arations of workers from this subdivision 8:49 a.m.] of the firm. Therefore, in accordance

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11582 NOTICES with the Board regulations (48 CFR ing prices established by the Commis­ ments and/or supplements herein, will be 501.15), the Board is initiating an inves­ sion’s statement of general policy No. made in interstate commerce, subject to tigation to determine whether the certi­ 61-1, as amended, or involve sales for the jurisdiction of the Commission, and fication should be terminated. If the which permanent certificates have been such sales by the respective Applicants, investigation should result in a termina­ previously issued: except that the sales together with the construction and op­ tion, it will not affect any workers who from the Permian Basin area of Texas eration of any facilities subject to the have already been certified. are authorized to be made below the ap­ jurisdiction of the Commission necessary Interested persons may make written plicable area base rates and under the therefor, are subject to the requirements submission of their views within 10 days conditions prescribed in Opinion Nos. 468 of subsections (c) and (e) of section 7 of of the publication of this notice in the land 468-A. the Natural Gas Act. Federal Register. The Board may also By order issued June 21,1966, in Dock­ (3) The respective Applicants are able provide an opportunity to present views et Nos. G-6832 et al., a certificate of and willing properly to do the acts and orally if anyone so requests within the public convenience and necessity was is­ to perform the services proposed and to sued in Docket No. CI66-1054 to H. B. conform to the provisions of the Natural 10-day period. Gas Act and the requirements, rules and Written submission or requests to pre­ Lively authorizing the continuation in part of the sale of natural gas thereto­ regulations of the Commission sent views orally should be addressed to fore authorized in Docket No. CI61-353 thereunder. Edgar I. Eaton, Executive Secretary, Au­ (4) The sales of natural gas by the re­ tomotive Agreement Adjustment As­ to be made pursuant to Harold R. Bil­ sistance Board, c/o U.S. Department of lingsley, trustee, et al., FPC Gas Rate spective Applicants, together with the Labor, 14th and Constitution Avenue Schedule No. 2. The nontract compris­ construction and operation of any facili­ ing said rate schedule was also accepted ties subject to the jurisdiction of the NW., Washington, p.C. 20210. for filing as H. B. Lively FPC Gas Rate Commission necessary therefor, are re­ (Sec. 302, Automotive Products Trade Act Schedule No. 4. Billingsley has advised quired by the public convenience and of 1965, 79 Stat. 1018; Executive Order 11254, necessity and certificates therefore 30 F.R. 13569; Automotive Agreement Ad­ the Commission that Lively has suc­ justment Assistance Board regs., 48 CFR Part ceeded to the entire interests covered by should be issued as hereinafter ordered 501, 31 F.R. 827; Board Order No. 1, 31 F.R. Billingsley’s certificate and rate sched­ and conditioned. 858) ule. Therefore, the certificate issued in (5) It is necessary and appropriate in Docket No. CI61-535 will be terminated, carrying out the provisions of the Natural Dated: August 2, 1967. the related rate schedule will be can­ Gas Act that Docket Nos. CI67-1525, Automotive Agreement Adjust­ celed, and the certificate in Docket No. CI67-1574, and CI67-1656 should be can­ ment Assistance Board, CI66-1054 will be amended to denote celed and that the applications filed Edgar I. Eaton, a complete succession in interest. herein should be processed as petitions Executive Secretary. The Commission’s staff has reviewed to amend the certificates heretofore is­ [F.R. Doc. 67-9347; Filed, Aug. 9, 1967; each application and recommends each sued in Docket Nos. CI64-1349, G-10158, 8:46 a.m.] action ordered as consistent with all and CI65-925, respectively. substantive Commission policies and re­ - (6) It is necessary and appropriate in quired by the public convenience and carrying out the provisions of the Natural necessity. Gas Act and the public convenience and FEDERAL POWER COMMISSION After due notice, a petition to inter­ necessity require that the certificate au­ vene by Long Island Lighting Co. and a thorizations heretofore issued by the [Docket Nos. G-3894 etc.] notice of intervention by the Public Commission in Docket Nos. G-3894, ATLANTIC RICHFIELD CO. ET AL. Service Commission of the State of New G-7223, G-7648, G-9935, G-10158, York were filed in Docket No. CI67-46, in G—11917, G—12960, G-13885, G-14925, Findings and Order After Statutory the matter of the application filed on G-18112, G-18371, CI60-216, CI61-991, Hearing July 14,1966, in said docket. The petition CI61-1773, CI63-1139, CI64-898, CI64- to intervene and the notice of interven­ 946, CI64-1211, CI64-1349, CI65-925, July 31, 1967. tion have been withdrawn, and no other CI66- 66, CI66-856, and CI67-285 should Findings anci orders after statutory petitions to intervene, notices of inter­ be amended as hereinafter ordered and hearing issuing certificates of public vention, or protests to the granting of conditioned. convenience and necessity, canceling any of the respective applications or (7) It is necessary and appropriate docket numbers, amending certificates, petitions in this order have been re­ in carrying out the provisions of the permitting and approving abandonment ceived. Natural Gas Act that the certificates of service, terminating certificates, can­ At a hearing held on July 20, 1967, the heretofore issued in the following dock­ celing rate schedule, redesignating pro­ Commission on its own motion received ets should be amended to reflect the ceeding, and accepting related rate and made a part of the record in these deletion of acreage where new certificates schedules and supplements for filing. proceedings all evidence, including the are issued herein to authorize service Each of the Applicants listed herein applications, amendments, and exhibits from the subject acreage: has filed an application pursuant to sec­ thereto, submitted in support of the re­ Amend to New tion 7 of the Natural Gas Act for a cer­ spective authorizations sought herein, delete acreage certificates tificate of public convenience and neces­ and upon consideration of the record, CI61—348 ______0167-46 sity authorizing the sale and delivery of The Commission finds: CI61-1658___v.__ r— CI67-1552 natural gas in interstate commerce, for (1) Each Applicant herein is a CI61—1658______— CI67-1556 permission and approval to abandon “natural-gas company” within the CI64-13 CI67-1552 service, or a petition to amend an exist­ CI64-13 _____ '___CI67-1555 meaning of the Natural Gas Act as here­ CI64-1143_____CI67-1557 ing certificate authorization, all as more tofore found by the Commission or will fully described in the respective applica­ be engaged in the sale of natural gas in (8) It is necessary and appropriate in tions and petitions (and any supplements interstate commerce for resale for ulti­ carrying out the provisions of the Natural or amendments thereto) which are on mate public consumption, subject to the Gas Act that the certificate heretofore file with the Commission. jurisdiction of the Commission, and will issued in Docket No. CI61-535 should The Applicants herein have filed re­ therefore, be a “natural-gas company” be terminated, that Harold R. Billings­ within the meaning of said Act upon the ley, trustee, et al., FPC Gas Rate Sched­ lated FPC gas rate schedules and pro­ commencement of the service under the ule No. 2 should be canceled, and that pose to initiate or abandon, add or delete respective authorizations granted the certificate in Docket N o . - CI66-1054 natural gas service in interstate com­ hereinafter. should be amended as hereinafter merce as indicated by the tabulation (2) The sales of natural, gas herein­ ordered. " herein. All sales certificated'-herein are before described, as more fully described (9) The sales of natural gas proposed at rates either equal to or below the ceil- in the respective applications, amend­ to be abandoned by the respective Appli"

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11583 cants, as hereinbefore described, all as proceeding shall not foreclose nor prej­ more fully described in the respective (1) It is the express understanding udice any further proceedings or objec­ of ah parties involved in the subject sale applications and in the tabulation herein, tions relating to the operation of any are subject to the requirements of sub­ that the pricing provisions of the con­ price or related provisions in the gas tract covering said sale are intended to section (b) of section 7 of the Natural purchase contracts herein involved. Nor Gas Act, and such abandonments should be consistent, and not in conflict, with shall the grant of the certificates afore­ the provisions of section 154.93 of the be permitted and approved as herein­ said for service to the particular cus­ after ordered. regulations under the Natural Gas Act, tomers involved imply approval of all and in particular with paragraph (b-1) (10) It is necessary and appropriate of the terms of the respective contracts in carrying out the provisions of the of said section, which paragraph was particularly as to the cessation of service added by the Commission’s Order No. Natural Gas Act that the certificate upon termination of said contracts, as 329, issued December 1, 1966, in Docket heretofore issued to Shell Oil Co. in provided by section 7(b) of the Natural No. R—298, and reads as follows: Docket No. CI62-58 should be amended Gas Act. Nor shall the grant of the cer­ by deleting therefrom authorization to tificates aforesaid be construed to pre­ Section 154.93 rate schedule defined. • * * sell natural gas from the acreage as­ the permissible provisions for a change in clude the imposition of any sanctions rate are: • * * (b-1) Provisions that permit signed to R. R. Kennedy et al.; and that pursuant to the provisions of the Natural a change in price to the applicable just and permission and approval should be Gas Act for the unauthorized commence­ reasonable area ceiling rate which has been, granted to R. R. Kennedy et al., in ment of any sales of natural gas subject or which may be, prescribed by the Commis­ Docket No. CI67-1586 to abandon the to said certificates. sion for the quality of the gas involved; sale of gas from the acreage acquired (D) The grant of the certificates and from Shell Oil Co. issued herein on all applications filed (2) The initial rate shall not exceed 15 (11) It is necessary and appropriate after April 15, 1965, is upon the condi­ cents per Mcf at 14.65 p.s.i.a. adjusted for in carrying out the provisions of the tion that no increase in rate which would B.t.u. content of the gas as provided for Natural Gas Act that the certificates of exceed the ceiling prescribed for the in the contracts. public convenience and necessity here­ given area by paragraph (d) of the Com­ (3) In the event the Commission, by tofore issued to the respective Applicants mission’s statement of general policy amendment of its policy statement No. relating to the abandonments herein­ No. 61-1, as amended, shall be filed prior 61-1, adjusts the boundary between the after permitted and approved should be to the applicable date, as indicated by Panhandle area and the “Other” Okla­ terminated. footnote 27 in the attached tabulation. homa area so as to increase the initial (12) It is necessary and appropriate (E) The initial rates for sales author­ wellhead price for new gas in the area of in carrying out the provisions of the ized in Docket Nos. G-3894 and G-7223 the sales involved herein, Applicants may Natural Gas Act that the proceeding shall be the applicable base area rates thereupon substitute the new rates re­ pending in Docket No. RI64-478 should prescribed in Opinion No. 468, as modified flecting the amount of such increases, be redesignated from Val R. Reese & by Opinion No. 468-A, as adjusted for and thereafter collect the new rates Associates, Inc., to Petroleum Consul­ quality, or the contract rates, whichever prospectively in lieu of the initial rate tants, Inc., to reflect the change in are-lower; and no increases in rate in herein required. corporate name. excess of said initial rates shall be filed (J) A certificate is issued herein in (13) It is necessary and appropriate In before January 1,1968. Docket No. CI67-1462 authorizing Appli­ carrying out the provisions of the Natural (F) If the quality of the gas delivered cant to continue the sale of natural gas Gas Act that the respective related rate by Applicants in Docket Nos. G-3894 and which was initiated without prior Com­ schedules and supplements as designated G-7223 deviates at any time from the mission authorization by the predecessor. in the tabulation herein should be ac­ quality standards set forth in Opinion (K) A certificate is issued herein in cepted for filing as hereinafter ordered. No. 468, as modified by Opinion No. 468- Docket No. CI67-1694 authorizing Appli­ The Commission orders; A, so as to require a downward adjust­ cant to continue the sale of natural gas (A) Certificates of public convenience ment of the existing rate, a notice of which was , initiated without prior Com­ and necessity are issued upon the terms change in rate shall be filed pursuant mission authorization. and conditions of this order, authorizing to the provisions of section 4 of the (L) Applicant in Docket No. CI67-1555 the sales by the respective Applicants Natural Gas Act; Provided, however, shall file three copies of a revised billing herein of natural gas in interstate com­ That adjustments reflecting changes in statement reflecting a rate of 15 cents merce Tor resale, together with the con­ B. t.u. content of the gas shall be com­per Mcf at 14.65 p.s.i.a. struction and operation of any facilities puted by the applicable formula and (M) Docket Nos. CI67-1525, CI67- subject to the jurisdiction of the Com­ charged without the filing of notices of 1574, and CI67-1656 are canceled. mission necessary for such sales, all as changes in rate. (N) The certificates heretofore issued hereinbefore described and as more fully (G) Within 90 days from the daté of in Docket Nos. G-3894, G-7223, G-11917, described in the respective applications, initial delivery Applicants in Docket Nos. G—12960, G—14925, G-18371, CI63-1139, amendments, supplements, and exhibits G-3894 and G—7223 shall file rate sched­ CI64-946, CI64-1349, CI66-856, and CI- m this proceeding. ule quality statements in the form pre­ 67-285 are amended by adding thereto or (B) The certificates granted in para­ scribed in Opinion No. 468-A. deleting therefrom authorization to sell graph (A) above are not transferable and (H) The initial rate for sales author­ natural gas to the same purchasers and shall be effective only so long as Appli­ ized in Docket Nos. CI67-495, CI67-993, in the same areas as covered by the orig­ cants Continue the acts or operations and CI67-1500 shall be 15 cents per Mcf inal authorizations pursuant to the rate hereby authorized in accordance with at 14.65 p.s.i.a., including tax reimburse­ the provisions of the Natural Gas Act ment, plus B.t.u. adjustment; however, schedule supplements as indicated in the and the applicable rules, regulations, in the event that the Commission amends tabulation herein. and orders of the Commission. its policy statement No. 61-1, by adjust­ (O) The certificates heretofore issued (C) The grant of the certificates is­ ing the boundary between the Panhandle in the following dockets are amended to sued in paragraph (A) above shall not area and the “Other” Oklahoma area so reflect the deletion of acreage where new be construed as a waiver of the require­ as to increase the initial wellhead price certificates are issued herein to authorize ments of section 4 of the Natural Gas for new gas in the area involved herein, Act or of Part 154 or Part 157 of the Applicants thereupon may substitute the service from the subject acreage: Commission’s regulations thereunder, new rates reflecting the amount of such Amend to New and is without prejudice to any findings increases, and thereafter collect such det&te acreage certificates °£,orders which have been or may here­ new rates prospectively in heu of the CI61-348______CI67—46 after be made by the Commission in any initial rate herein required. CI61-1658______CI67-1652 Proceedings now pending or hereafter CI61-1658______CI67-1556 (I) The certificates issued herein in CI64-13------CI67-1552 nstituted by or against the respective Docket Nos. CI67-1587 and CI67-1617 Cl64—13------CI67-1555 Applicants. Further, our action in this are subject to the following conditions: Cl64-1143______CI67-1557

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 No. 154-----10 11584 NOTICES

(P) The certificate heretofore issued FPC rate schedule to be accepted in Docket No. G-7648 is amended to re­ Purchaser, field, Docket No; and location flect that the sale of natural gas hereto­ and Applicant Description and date No. Siipp. fore authorized to be made pursuant to date filed of document the contract dated December 28, 1934, will hereafter be made pursuant to the G-3894____ _ Atlantic Richfield Co. El Paso Natural Gas Co., Supplemental agree­ 62 13 contract dated March 1, 1967. Langlie-Mattix Field, ment 2-1-66.8 O 3-7-66» Lea County, N. Mex. Supplemental agree­ 62 14 (Q) The certificates heretofore issued C 7-27-66» ment 7-11-66.8 in Docket Nos. G—9934, G—10158, G- G-7223...... Standard Oil Co. of El Paso Natural Gas Co., Supplemental agree­ 3 13 13885, CI61-1773, CI64-898, CI64^1211, O 4-3-67 » Texas,, A Division of Langlie-Mattix and ment 2-1-66.3 Chevron Oil Co.3 Cooper-Jal Fields, Lea Supplemental agree­ 3 14 CI65-925, and CI66-66 are amended by County, N. Mex. ment 7-11-66.8 changing the certificate holders to the Mobil Oil Corp...... United Gas Pipe Line (5)(6) 286 18 G-7648.... Co., White Point, respective successors in interest as in­ 4-11-67 * Saxet et al., Fields, dicated in the tabulation herein. San Patricio and (R) The acceptance for filing of the Nueces Counties, Tex. G-9935...... William H. Putnam et Gas Transport, Inc., B. H. Pufnam (Opera­ related rate filing in Docket No. CI64- E 2-11-65 al. (successor to B. Putnam Gas Field, tor), FPC GRS No. 1211 is contingent upon Applicant’s fil­ H. Putnam) (Opera­ Wood and Jackson 3. Counties, W. Va. ' Supplementary agree­ ing three copies of a billing statement as tor). ment 3-20-60.8 Assignment 6-28-64 required by the Regulations under the Assignment 7-1-64 •__ Natural Gas Act. Letter agreement (S) The certificates heretofore issued 11-8- 66. >«»»; M obil Oil Corp. United Gas Pipe Line Assignment 12-1-65 »* »*. in Docket Nos. G-18112, CI60-216, and G-11917___ Co., Green Field, CI61-991 are amended to reflect the D 5-25-67 Karnes County, Tex. change in corporate name from Val R. 0-12060. Cabot Corp. (South­ Colorado Interstate Gas Assignment 4-26-6615 **— D 5-2-66 west Division) (Op­ Co., Mocane Field, Reese & Associates, Inc., to Petroleum erator) et al. Beaver County, Okla. Consultants, Inc. G-13885__ Fred Whitaker (Op­ Texas Gas Transmission International Helium, erator) et al. (suc­ Corp., Carthage Field, Inc. (Operator) et al., (T) The proceeding pending in Docket E 3-28-67 Panola County, Tex. FPC GRS No. 6. No. RI64-478 is redesignated from Val. R. cessor to International Supplemental Nos. 1-2.. Helium, Inc. (Op­ Notice of succession Reese & Associates, Inc., to Petroleum erator) et al.). 3-24-67. Consultants, Inc., to reflect the change Assignment 7-12-66IS... Assignment 7-13-6618—. in corporate name. Assignment 7-13-66 »7. .. (U) The certificate heretofore issued Assignment 7-13-66 *8.., in Docket No. CI61-535 is terminated; Assignment 7-15-66 »»__. Assignment 7-15-66 »... Harold R. Billingsley, trustee, et al., PPC Assignment 7-25-66 »... Gas Rate Schedule No. 2 is canceled; and Assignment 8-12-66 »... the certificate heretofore issued in Assignment 9-23-66 »._ Docket No. CI66-1054 is amended to Effective date: 8-1-661— G-14925___ Gulf Oil Corp. Transwestern Pipeline Letter Agreement denote that the sale authorized therein D 5-25-67 Co., Block 27, McKee 5-12-67.13 « to be made by H. B. Lively will be made Field, Crane Comity, from the complete interests of Harold R. Petroleum Consultants, El Paso Natural Gas Co., Val R. Reese & Associ­ G-18112... Bisti Field, San Juan ates, Inc. (Operator) et Billingsley, trustee, et al. 5-8-67 » Lie. (Operator) et al. al., FPC GRS No. 2. (formerly Val R. County, N. Mex. 1-3 (V) Permission for and approval of Reese & Associates, Supplemental Nos. 1-3. the abandonment of service by the re­ Notice of name change Inc. (Operator) et 3-29-67.» spective Applicants, as hereinbefore de­ al.). Effective date: 1-11-65. scribed, all as more fully described in Aztec Oil & Gas Co— El Paso Natural Gas Co., Supplemental agree­ G-18371...... Basin Dakota Pool, ment 4-21-67.3 » t the respective applications and in the C 5-31-67 » San Juan County, N. tabulation herein are granted. Mex. (W) The certificate heretofore issued CI60-216-. Petroleum Consultants, El Paso Natural Gas Co., Val R. Reese & Associ­ 4-4-67 25 Inc. (Operator) et al. acreage in Rio Arriba ates, Inc. (Operator), to Shell Oil Co. in Docket No. CI62-58 (formerly Val R. County, N. Mex. et al., FPC GRS is amended by deleting therefrom au­ No. 1. Reese & Associates, Supplement Nos. 1-5.. 1-5 thorization to sell natural gas from the Inc. (Operator), et Notice of name change acreage assigned to R. R. Kennedy et al., al.). 3-29-67.» Effective date: 1-11-65. and permission and approval are granted Val R. Reese & Associ­ to R. R. Kennedy et al., in Docket No. CI61-991.. Petroleum Consultants, do. ates, Inc., FPC GRS 4-4-67» Inc. (formerly Val R. No. 3. CI67-1586 to abandon the sale of gas Reese & Associates, Supplement Nos. 1-3_ 1-3 from the acreage acquired from Shell Inc.). Notice of name change Oil Co. 3-20-67.» (X) The certificates heretofore issued Effective date: 1-11-65. CI61-1773... Conroy, Inc. (Oper­ Kansas-Nebraska Nat­ South Texas Develop­ in Docket Nos. G—4724, G—16828, E 5-20-67 ator) et al. (successor ural Gas Co., Inc., Sur­ ment Co. (Operator), G-16830, G-16832, G-17491, CI61-566, to South Texas Devel­ veyor Creek Field, FPC GRS No. 2. opment Co. (Opera­ Washington County, Notice of succession CI65-179, and CI65-217 are terminated. Colo. 5-24-67. tor)). Assignment 12-26-66 ». (Y) The respective related rate sched­ Effective date: 12-1-66. ules and supplements as indicated in the 32 CI63-1139™ Harper Oil Co. (Opera­ Arkansas Louisiana Gas Amendatory agreement tabulation herein are accepted for filing; C 5-29-67 tor) et al. Co., North Drummond 3-22-67.3 » further, the rate schedules relating to Area, Garfield County,- the successions herein are accepted and Okla. Filing code: A—Initial service. redesignated, subject to the applicable B—Abandonment. Commission regulations under the Nat­ C—Amendment to add acreage. D—Amendment to delete acreage. ural Gas Act to be effective on the dates E—Succession. as indicated in the tabulation herein. \ F—Partial succession. By the Commission. See footnotes at end of table. [seal! Gordon M. Grant, Secretary.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 FPC rate schedule to be accepted Docket No. Purchaser, field, FPC rate schedule to be accepted and Docket No: Purchaser, field, Applicant and location and Applicant date filed Description and date No. and location Supp. date filed Description anfl date No. Supp. of document of document CI64-898.... Ralph L. Warner (suc­ Consolidated Gas Supply • R. G. Lawton, FPC 8 C167-1462__ Charles A. Laughlin. The Manufacturers Light 1 E 6-18-67 cessor to R. G. Corp., Grant District, GRS No. 1. A 3-28-67 « Contract 10-26-50...... Lawton). Marion County, W. Va. Notice of succession and Heat Co., Porter Assignment 6-19-63 48.. 1 1 5-17-67. Township, Clarion Assignment 6-25-63 43 .. 1 2 Assignment 10-21-65 31 __ 1 County, Pa. Assignment 7-8-63 48___ 1 3 8 Assignment 8-18-64 « . . 1 4 Assignment 12-28-65 33. . 8 2 Effective date: 8-18-64 Assignment 3-30-6633__ 8 3 C167-1500... Jones & Pellow Oil Co. Panhandle Eastern Pipe Letter agreement 6-20- 8 4 A 4-26-67 Contract 4-3-67...... 6 66.3‘ (Operator) et al. Line Co., Valley Centei Compliance (undat- 6 1 Indenture and assign­ 8 5 West Area, Dewey ed).349 ment 3-28-67.3! County .Okla. CI67-1520_ Fain-Porter Drilling Michigan Wisconsin Pipe Contract 1-13-673...... 3 Effective date: 3-11-67.. A 4-28-67 Corp. (Operator) CI64-946__ Tenneco Oil Co. (Op­ Michigan Wisconsin Pipe Amendatory agree- 139 5 Line Co., Northwest C 5-26-67 erator) et al. Line Co., Garvie ment 4-26-67.1 et al. Doby Springs Field, Area, Woodward Harper County, Okla. County, Okla. CI67-1525___ Neal Rudder (partial Equitable Gas Co. Notice of partial can- 5 1 CI64-1211... R. R. Sheets (succes­ (C 164-1349) abandonment). Union District, Ritchie celiatimi 4-25-67.13 31__ El Paso Natural Gas Co., Fred V. Shadid et al., 1 D 4-28-67« County, W. Va. E 6-22-67 sor to Fred V. Shadid South Erick Field, FPC GRS No. 1.»« C167-1552 et al.). Greer County, Okla. Notice of succession Eagle Oil Co., Inc. Panhandle Eastern Pipe Contract 4-10-6133_____ 2 5-15-67. (CI61-1658) (Operator) et al. Line Co., Carver Contract 12-23-58. r 2 X F 5-1-67 (successor to Joseph Robbins Field, Pratt Assignment 1-10-61 ' 2 2 Assignment 2-9-66 33__ 1 1 E. Newman (Opera­ County, Kans. 2 3 Assignment 2-9-66 33__ 1 2 tor) et al.). Assignment 2-9-6639__ 1 3 2 4 Assignment 2-9-66 «__ 1 4 Assignment 3-20-65 « __ 2 5 Effective date: 2-9-66__ Effective date: 4-1-65... CI66-66..... The Permian Corp. (Op­ Tennessee Gas Pipeline McWood Corp. (Op­ 2 Certificate of amend- 2 6 E 6-25-67 erator) (successor to Co., a Division of erator), FPC GRS ment 9-12-66.44 McWood Corp.) (Op­ Tenneco. Inc.. Fort No. 5. C167-1552... Effective date: 9-12-66.. erator). Jessup Field Area, Notice of succession (C164-13) Contract 5-21-63 45_____ 3 Sabine Parish, La. 5-16-67. F 5-1-67 Assignment 6-8-66 43___ 3 1 Assignment 4-3-6741__ 2 1 Effective date: 6-8-66... Assignment 4-14-67 42._. 2 2 Certificate of amend­ 3 2 NOTICES Effective date: 3- 1 -67 ...... ment 9-12-66.44 CI66-866__ Oklahoma Natural Gas Arkansas Louisiana Gas Amendatory agreement 32 2 C167-1555... Effective date: 9-12-66.. C 6-26-67 Co. Co., South Bokoshe 4-28-67.« International Oil Corp., Panhandle Eastern Pipe Contract 5-21-63 44J____ 1 Field, Le Flore County, (C164-13) Inc. (Operator) et al. Line Co.. Carver Assignment 3-20-6543__ 1 1 Okla. F 5-1-67 (successor to Joseph Robbins Field, Pratt Effective date: 4-1-65... CI67-46.. __ Arnold H. Bruner & Southern Natural Gas Ratified 6-20-66 «*»...... 2 ...... E. Newman (Opera­ County, Kans. Assignment 6-11-65 43__ . 1 2 (CI61-348) Co., Inc. (successor to Co., Franklin Field, St. Contract 8-30-60...... tor), et al.). Effective date: 6-11-65.. E 7-14-66 43 The California Co., a Mary Parish, La. C167-1556___ ..—do...... do. Contract 4-10-6143_____ 2 division of Chevron (CI61-1658) C ontract 12-23-58 2 X Oil Co.). F 5-1-67 Assignment 1-10-61____ 2 2 CI67-285...... Gulf Oil Corp...... Transwestern Pipeline Letter agreement 320 1 Assignment 2-27-62 2 3 C 4-28-67» Co., Northwest Men- 2-15-67.« Amended 6-20-63...... 2 4 dota Field, Hemphill Amended 5-22-63...... 2 5 County, Tex. Assignment 3-20-6643__ 2 6 C167-495__ Jennings Petroleum Michigan Wisconsin Pipe Contract (ratified) 5 C167-1557___ Effective date: 4-1-65... A 10-18-66 Corp. Line Co., Woodward .do. Cities Service Gas Co., Contract 2-10-64 «« 3 6-22-66.« (CI64-1143) Gereke Pool, Pratt Assignment 3-20-65 43__ Area, Major County, Contract 8-25-60...... 5 1 F 5-1-67 County, Kans. 3 1 Okla. Compliance 4-29-67 « ... 5 2 CI67-1574___ Pan American Petro­ Effective date: 4-1-65__ CI67-993.. Yale Oil Association.. Panhandle Eastern Pipe Contract 11-23-66...... 2 Trunkline Gas Co., Burch Spears, Inc., 479 A 2-6-67 (G-10168) leum Corp. (successor Medio Creek Field, Bee FPC GRS No. 1. Line Coy Selling Field, Compliance 4-26-671 **.. 2 1 E 5-1-67 « to Burch Spears, County, Tex. Dewey County, Okla. Inc.). Supplement Nos. 1-8-... 479 1-8 CI67-1367.. . Pioneer Petroleum, Consolidated Gas Supply Contract 7-22-663...... 10 Notice of succession A 4-3-67» Inc., et al. Corp., Freeman’s Creek 4-26-67. District, Lewis County. Assignment 3-23-67 « . . . 479 9 W. Va. CI67-1584__ Effective date: 4-1-67__ CI67-1372__ W. H. Mossor et al. Consolidated Gas Supply Contract 6-6-66 3____ 67 Neal Rudder et al. Equitable Gas Co., Notice of cancellation 6 1 A 4-4-67 » (CI65-217) Central District, 4-28-67.»34 Corp., Glenville Dis­ B 5-8-67 Doddridge County, trict, Gilmer County, W. Va. W. Va. CI67-1586-... CI67-1374__ Raymond N. Beim Consolidated Gas Supply Contract 9-21-663 1 R. R. Kennedy et al... Transwestern Pipeline Assignment 12-1-66 » . . . A 4-4-67» et al., d.b.a. Will- (C162-58) M Co., acreage in Ward Letter agreement , Corp., Grant District, B 5-8-67 County, Tex. Ray Oil Co. et al. Ritchie County, W. Va. CI67-1587__ Flag Oil Corp. of 3-20-67.«« CI67-1400.... Bowser Gas & Oil Co... Consolidated Gas Supply Contract 9-28-663 11 Panhandle Eastern Pipe Contract 3-21-67... 2 A 4-7-67 » A 6-8-67 Delaware. Line Co., Northeast Compliance 6-15-673 «4__ Corp. Center District, Soiling Field, Dewey 2 1 Calhoun County, W. County, Okla. Va. CI67-1617.... W. B. Osborn, Jr. (Op­ Panhandle Eastern Pipe Contract 4-15-67...... 25 See footnotes at end of table. A 5-11-67 erator), et aL Line Co., Acreage in Compliance 6-12-67.3 « .. Woods County, Okla. 25 1 11585

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11586

FPC rate schedule to be accepted u DeleteJaweage^ssigned*to Amoid Petroleum Co. who has not filed for certificate authorization to cover the subject acreage. , „ . Docket No. Purchaser, field, » Assigns to Fred Whitaker the interest of J. L. Bunyard. and Applicant and location w Assigns to Fred Whitaker the interest of International Helium, Inc. date filed Description and date No. Supp. 1? Assigns to Fred Whitaker the interest of Virginia Barber, and Earl Barber, of document u Assigns to Fred Whitaker the interest of Cummins Diesel Sales of Colorado Co. » Assigns to Fred Whitaker the interest of Gus Layton. C167-1656...... C BA International, Panhandle Eastern Pipe Oil and Gas Property 88 Assigns to Fred Whitaker the interest of Big West Drilling Co. (C 165-925) Ltd. (Operator), Line Co., Einsel Field, Management, Inc. 81 Assigns to Fred Whitaker the interest of Ivan Greene. E 5-17-67 88 et al. (successor to Kiowa County, Kans. (Operator), et al., 88 Assigns to Fred Whitaker the interest of Edward Marvin Briggs. Oil and Gas Prop­ FPC GRS No. 23. 88 Assigns to Fred Whitaker the interest of Continental Oil Co. erty Management, Notice of succession 88 Production of gas no longer economically feasible. . . . , . , , Inc. (Operator), et al.) 5-15-67. 88 Application to reflect corporate name change; no change in interest lnvoivea. r „_ Ttie „„ evi. Assignment 12-29-66 88.. 88 Reflects change in corporate name from Val R. Reese & Associates, Inc. to Petroleum Consultants, ., denced by an attached certificate of incorporation (Titled: c®rtif)®®te m0 61-1 as amended Effective date: 12-31-66- 88 Jan. 1,1968, moratorium pursuant to the Commission s statement of general policyJNo. 61 l, as ammaea. C167-1666...... Pan American Petro­ Arkansas Louisiana Gas Contract 4-12-67 M— . .. 477 88 Adds acreage and deletes favored-nation pricing provisions and 1.0 cents per Mcf minimum guarantee for liquids A 5-22-67 88 leum Corp. Co., Danville Field, Contract 4-28-668_____ 477 Bienville Parish, La. 10v tA ^ ^ de^ 1oTlcereage from South Texas Development Co. (Operator) to Conroy, too. (Operatnr) et al. CI67-1684__ _ Weva OH Corp. Consolidated Gas Supply Contract 12-27-668 68---- 88 Adds acreage and deletes indefinite pricing provisions as to the subject acreage (reserves stipulated to be in the A 5-26-67 88 Corp., Lee District, Calhoun County, W .Va. - M8^Awi|nm^T^ofZpart’ial interest in Manley, et al., lease from R. G. Lawton to Bruce K. Brown, et al. C167-1689... Humble Oil & Refining Northern Natural Gas Contract 5-10-678. 426 88 Assignment of Jim Manuel, et al., lease from Mutual Oil Co., to Guardian Petroleum, Lie. A 5-29-67 Co. Co., Mocane-Laveme 88 Assignment of Manley, et al., lease from Lawton and Brown, et al., to No CI64-898 Field, Harper County, 88 Adds acreage; Jim Manuel Lease. This acreage was not covered by the certificate granted in Docket No. 0 164 Okla. (Jan. 1,1968, moratorium applicable to the added acreage). .■ . Ashland Oil & Refin­ Northern. Natural Gas Notice of cancellation 168 Instrument whereby Ralph L. Warner acquired properties mvolved. C167-1690__ » The contract covers acreage under two leases only. ‘ wl11,omo Mnwalr T Pas« in sec 9 T 7 (C 165-179) ing Co. Co., West Lemon 5-25-67.» « 88 From O. P. Russell to Applicant covering five-eighths interest in the Williams-Nowak Lease m sec. v, B 5-29-67 Field, Haskell County, Kans. From Fred V. Shadid to Applicant covering one-fourth interest in the Williams-Nowak Lease in sec. 9, T. 7 N., CI67-1691... Humble Oil & Refining Panhandle Eastern Pipe Contract 5-2-67 *- A 5-29-67 Co. Line Co., Northwest Dombey Field, Texas R»From Fred V. Shadid to Applicant covering one-fourth interest in the Sun Oil Co. Lease in sec. 9, T. 7 N., R, County, Okla. ^ ‘^From O. P. Russell to Applicant covering five-eighths interest in the Sun Oil Co. Lease in sec. 9, T. 7 N., R. CI67-1694... J. C. Walker. Consolidated Gas Supply Contract 6-5-678. Corp., Benezette Town­ 24 W. A 5-19-67 < n Conveys properties from McWood to Occidental Petroleum Corp.

ship, Elk County, Pa. NOTICES C167-1695... American Metal Montana-Dakota Utilities Notice of cancellation 42 Prvnvpvs nronerties from Occidental Petroleum Corp. to The Permian Corp. (Q-4724) Climax, Inc. Co., West Greybull 5-26-6718 81 88 Application noticed as an initial service' filing, further Staff review reveals this to bek,,v^on^l^as^he Cali- B 5-31-67 Unit, BigHom 43* Basic contract between The California Co., seller and Southern Natural Gas Co., as buyer, on file as The County, Wyo. CI67-1696—. Texas Oil & Gas Corp. Coastal States Gas Pro­ Notice of cancellation f°r« Ratifies Aug^S^¿e^contrSt^etween Pan American Petroleum Corp. and Michigan Wisconsin; on file as Pan (G-17491) (Operator), et al. ducing Co., Appling 5r-25-67.18 61 B 5-29-67 Field, Calhoun ^Accents femporary certificate issued by letter order dated Feb. 9,1967 and providesfor downward B.t.u. adjust­ County, Tex. ment (compliance previously accepted by letter dated May 24,1967). By letter dated June 2,1967, Applicant expresse CI67-1697__ Coastal States Gas Pro­ Notice of cancellation willingness to accept a permanent certificate conditioned as the temporary certificate. / __. (G-16828) ducing Co., Texana 6-25-67. » “ 88 Accepts temporary certificate issued by letter order dated Mar. 24, 1967. Contract rate is 1 7 .0 cents, however, B 5-29-67 Field, Jackson County, bv letter dated May 29,1967, Applicant expressed willingness to accept a permanent certificate similar to conditions Tex. t e S ^ S c ^ w h ^ are similar to Opinion No. 350, excluding R-199^^l»ffl^ o f r ^ e Sfilings ever CI67-1698__ .do. Coastal States Gas Pro­ Notice of cancellation 88 Sale being rendered without prior Commission authorization by predecessor (no certificate or rate filings ever (G-16832) ducing Co., Appling 5-25-67 » « made by predecessor). . , . ,. , .. B 5-29-67 Field, Calhoun County, Tex. CI67-1699__ -do- ...... do...... Notice of cancellation (G-16830) 5-25-67.» « B 5-29-67 application will be construed as a petition to amend the certificate issued in Docket No. 0164-1349. C167-1700__ Coastal States Gas Pro­ South Texas Natural Gas Notice of cancellation 37 81 Source of gas depleted. ______T „ (CI61-566) ducing Co. Gathering Co., South 5-10-67.» « 88 On file as Joseph E. Newman (Operator) et al., FPC GRS No. 2. B 5-29-67 Tabasco Field Area, 88 Assigns acreage from Joseph E. Newman et al. to El Dorado Petroleum Corp., Inc. Hidalgo County, Tex. 88 Changes El Dorado Petroleum Corp., Inc., name to Eagle Oil Co., Inc. CI67-1702... Tennero Oil Co. Transwestern Pipeline Contract 5-5-678. 88 On file as Joseph E. Newman (Operator) et al., FPC GRS No. 4. __ Co., Gatesby Field, 88 Assigns acreage from Kansas Oil Exploration, lnc., to El Dorado Petroleum Corp., Inc. A 5-31-67 88 Assigns acreage from Joseph E. Newman et al., to Applicant. Ellis County, Okla. 88 On file as Joseph E. Newman (Operator) et al., FPC GRS No. 5...... th. 88 Application erroneously assigned Docket No. CI67-1574 will be construed as a petition to amend the certifl * Jan. 1, 1968, moratorium provided by Opinion No. 468. , „ ■ „ , . cate issued in Docket No. G-10158 and Docket No. CI67-1574 will be canceled, 8 By letters filed M ay 31,1967, and M ay 19,1967, Applicants in Docket Nos. G-3894and G-7223, respectively , agreed w Transfers properties from Burch Spears, Inc., to Pan American Petroleum Gorp. _ Acreage Dresently to accept authorization for the additional acreage containing conditions similar to those imposed by Opinion No. « R. R. Kennedy et al., did not make any prior filings to reflect acquisition of toe Shelli interest. Acreage preseni y 468, as modified by Opinion No. 468-A. covered by Shell Oil Co.’s certificate in Docket No. CI62-58 (no sales made by Kennedy et al., since they acquirea 8 Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). . an interest in the property). * Amendment to the certificate filed to reflect the new contract. „ . ®2 From Shell Ou Co., to R. R. Kennedy et si* , T a /■Qvmivc ■ppp riTJo 0/55) insofsr * Replaces basic contract dated Dec. 28,1934, as amended. The Dec. 28,1934, contract provides for the sale of gas S3 Transwestem snd Kennedy et si. esneel the Shell contrsct of June 9,1967 (Shell s FP y..., ' .^ from a general area. The Mar. 1, 1967, contract provides for the sale from specific leases. as i t r s n r a s s i g n e d acreage. Well incapable of producing into Transwestem s system. Gas will be sold to 8 Contract accepted by Commission’s order issued Apr. 20,1967, in Docket No. RI67-356 and designated as Sup­ Cabot Corp. under percentage agreement for resale to Transwestem. . mnflirt with Commis- plemental No. 18 to Mobil’s FPC GRS No. 286. S . ; 88 Confirms understandifig that contractual pnemg provisions are consistent. md n ^ 8 Additional certificate filing submitted Feb. 19, 1965; additional rate filing subm itted Apr. 17,1967. sion’s regulations. Also indicates Applicant is willing to accept a permanent certificate conditioned to 15.0 cent price 8 Extends contract term to Dec. 31,1967. plus applicable B.t.u. adjustment (contract provides for 17.0-cent plus B.t.u. adjustment). certificate 8 Adds“ et al.” party. 65 Application erroneously assigned Docket No. CI67-1656 will be construed as a petition to ament the certificate 10 Extends contract term to Dec. 31,1967. issued in Docket No. CI65-925 and Docket No. CI67-1656 will be canceled. »Effective date: Date of transfer of properties. , .. , „ . . ____ „ 14 Transfers properties from Applicant to Cattle-Land Oil Co. and Edwin L. Cox to a depth of 8,647 feet. Acreage presently nonproductive. FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11587 ** Assigns the interest of Nicholas R. du Pont to Applicant; Applicant was appointed operator by Oil & Gas Prop­ erty Management and other coowners. ^ P2-12-7710, issued to Hugh Joseph Sin­ " Adopts; the terms of the contract dated Apr. 28.1966; on file as Continental Oil Co. PPC GRS No 314 nett whose address appears above. " Seller excepts and, reserves from this agreement all sands and formations below the bottom of the Berea S and. w Sale being rendered without prior Commission authorization. In accordance with the provisions of [F.R. Doc. 67-9209; Filed, Aug. 9, 1967; 8:45 a.m.] section 303 (m) (2) of the Communica­ tions Act of 1934, as amended, Sinnett filed with the Commission a timely re­ Commission, Washington, D.C., because quest for hearing on the Commission’s GENERAL SERVICES ADMINIS­ of a conflict in the Examiner’s schedule. Order released January 26, 1967, sus­ Issued: August 3, 1967. pending for three months his Radiotele­ TRATION graph First Class Operator License and Released: August 4, 1967. , [Federal Procurement Regs.; Temporary his Radiotelephone Second Class Opera­ Reg. 1®] F ederal .Communications tor License. Commission, _ Under the provisions of section 303 COPPER AND COPPER SUBSTITUTES [seal] B en F. Waple, (m) (2) of the Communications Act of Use Secretary. 1934, as amended, Hugh Joseph Sinnett [F.R. Doc. 67-9401; Filed, Aug. 9, 1967; is entitled to a hearing in this matter and To: Heads of Federal Agencies: 8:51 a.m.] by filing a timely written request for a 1. Purpose. This regulation continues hearing, the Commission’s Order of sus­ in effect the provisions of FPR Tempo­ pension is held in abeyance until the rary Regulation No. 5, March 23, 1966 [Docket Nos. 17538-17540; FCC 67M-1329] conclusion of the proceeding in this (31 F.R. 4976). LAUREL CABLEVISION CO. ET AL. matter. 2. Effective date. This regulation is It is ordered, Under authority con­ effective August 24,1967. Order Scheduling Further Prehearing tained in section 303(m) (2) of the Com­ 3. Expiration date. This regulation ex­ Conference munications Act of 1934, as amended, pires February 24, 1969, unless sooner and § 0.311(a) (5) of the Commission’s revised or canceled. In re petitions by: Laurel Cablevision Co., Somerset, Pa., Docket No. 17538, File rules that the matter of the suspension 4. Background. FPR Temporary Regu­ of the commercial radio operator licenses lation No. 5 was issued as a result of No. CATV 100-24; Punxsutawney TV Cable Co., Inc., Punxsutawney, Pa., of Hugh Joseph Sinnett is hereby desig­ heavy demands for available copper and nated for hearing at a time and place in the interest of making certain that Docket No. 17539, File No. CATV 100- 155; for authority pursuant to § 74.1107 before a hearing examiner to be specified the procurement activities of the Gov­ by further Order of the Commission upon ernment take advantage of opportuni­ of the rules to operate CATV systems in the Johnstown-Altoona Television Mar­ the following issues: ties for savings flowing from the use of 1. To determine whether Hugh Joseph copper substitutes. Continued applica­ ket and in re application of New York- PeiuTMicrowave Corp., Brockport, Pa., Sinnett, while serving as the sole radio tion of the policies and procedures con­ operator on board the vessel “SS Berke­ tained in that regulation are deemed Docket No. 17540, File No. 7793-C1-P-66; for construction permit for new point- ley Victory,” failed to carry out the law­ advisable. ful orders of the master of the vessel. 5. Agency implementation; Agencies to-point microwave radio station. shall comply with the provisions of FPR Pursuant to an oral ruling of the Hear­ 2. To determine in the light of the evi­ Temporary Regulation No. 5. ing Examiner in the prehearing confer­ dence adduced in the preceding issue ence held August 2, 1967: It is ordered, whether the terms of the original Order Dated: August 3,1967. That the hearing heretofore scheduled of Suspension should be made final, Lawson B. K nott, Jr., for September 14, 1967 is continued rescinded, or modified. Administrator of General Services. without date pending Commission action It is further ordered, That a copy of on reconsideration petitions of the ap­ this Order be transmitted by Certified [F.R. Doc. 67-9382; Filed, Aug. 9, 1967; plicants. Mail—Return Receipt Requested, to 8:49 ajn.] It is further ordered, That a further Hugh Joseph Sinnett, and that Sinnett prehearing conference will be held on notify the Commission in writing within September 14, 1967 at 9 a.m. 10 days after receipt of this Order that he will appear in person or by counsel at said FEDERAL COMMUNICATIONS Issued: August 2, 1967. hearing. Released: August 4, 1967. COMMISSION Adopted: July 28,1967. F ederal Communications Released: July 31,1967. [Docket Nos. 17570-17573; FCC67M-1333] Commission, ELIM BIBLE INSTITUTE, INC., ET AL. [seal] B en F. Waple, F ederal Communications Secretary. Commission, Order Rescheduling Prehearing [F.R. Doc. 67-9402; Filed, Aug. 9, 1967; [seal] B en F. Waple, Conference 8:51 ajn.] Secretary. [FJEl. Doc. 67-9403; Filed, Aug. 9, 1967; In re applications of Elim Bible In­ 8:51 a.m.] [Docket No. 17632] stitute, Inc., Lima, N.Y., Docket No. 17570, File No. BP-16869; “What the HUGH JOSEPH SINNETT - [Docket No. 17632; FCC 67M-1339] Bible Says, Inc.”; Henrietta, N.Y., Order Designating Matter for Hearing Docket No. 17571, File No. BP-17001; HUGH JOSEPH SINNETT Oxbow Broadcasting Corp., Geneseo, In the matter of Hugh Joseph Sinnett, Order Scheduling Hearing 3925 California Avenue, Carmichael, N.Y., Docket No. 17572, File No. BP- Calif. 95608, Docket No.. 17632; suspen­ In the matter of Hugh Joseph Sinnett, 17399; John B. Weeks, Warsaw, N.Y., sion of radiotelegraph first class opera­ 3925 California Avenue, Carmichael, Docket No. 17573, File No. BP-17400; for tor license and radiotelephone second Calif. 95608, Docket No. 17632; suspen­ construction permits. class operator license. sion of radiotelegraph first class operator On the Hearing Examiner’s own mo­ The Commission, by the Chief of its license and radiotelephone second class tion: It is ordered, That the prehearing Field Engineering Bureau, has under operator license. consideration the suspension of the conference heretofore scheduled for Sep­ It is ordered, That David I. Kraushaar Radiotelegraph First Class Operator Li­ shall serve as Presiding Officer in the tember 18, 1967, is postponed to October cense, T l-21-309, and the Radiotele­ above-entitled proceeding, and that the 4, 1967, at 9 a.m., in the Offices of the phone Second Class Operator License, hearings therein shall be convened on

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11588 NOTICES Sun Line Inc. (Sun Line). September 12, 1967, at 10 a.m., in San Matson Navigation Co., The Oceanic Steam- , ship Co. (Matson Lines). Certificate' No. Dated: August 7, 1967. Francisco, Calif. A C—1,042. Issued: August 4,1967. Moore-McCormack Lines, Inc., Certificate T homas Lisi, No. C—1,043. Secretary. Released: August 4,1967. United States Lines, Inc. (United States Lines). Certificate No. C-1,044. [F.R. Doc. 67-9410; Filed, Aug. 9, 1967; F ederal Communications Wisconsin & Michigan Steamship Co. (Clip­ 8:51 ajn.] Commission, per Line). Certificate No. C-1,045. [seal] B en F. WapLe, Atlantic Far East Lines, Inc. (Orient Over­ Secretary. seas Line). Certificate No. C-1,046. SUN LINE INC. Canadian Ndtional Steamship Co., Ltd. (CN). [F.R. Doc. 67-9404; Filed, Aug. 9, 1967; Indemnification of Passengers for 8:51 a.m.] , Certificate No. C-1,047. Evangeline Steamship Co., S.A. Certificate Nonperformance of Transportation; No. C—1,048. Notice of Issuance of Certificate [Docket No. 17554; FCC 67M-1334] Chicago Duluth & Georgian Bay Transit Co. (“Georgian Bay Line”). Certificate No. C— (Performance) WESTERN UNION TELEGRAM CO. 1,049. Sun Line Inc. (Sun Line). Certificate No. Notice is hereby given that pursuant Order Rescheduling Prehearing C—1,050. to the provisions of section 3, Public Law Conference The Peninsular & Occidental Steamship Co. 89-777 (80 Stat. 1357, 1358) and Federal (P & O Steamship Co.). Certificate No. Maritime Commission General Order 20 In the matter of proposed revisions in C—1,051. (46 CFR Part 540) that a Certificate of the rates of The Western Union Telegram Companhia De Navegacao Lloyd Brasileiro Financial Responsibility for Indemnifi­ Co. for tieline domestic interstate tele­ (Lloyd Brasileiro). Certificate No. C—1,052. cation of Passengers for Nonperformance graph services, Docket No. 17554. Greene Line Steamers, Inc. Certificate No. of Transportation has been issued to the On the unopposed oral request of coun­ C—1,053. y following: sel for Western Union: It is ordered, That Dated: August 7, 1967. Sun Line Inc. (Sun Line). Certificate No. the prehearing conference is further re­ T homas Lis i, P-58. Effective date: August 2,"1967. scheduled from August 17 to September Secretary. 8,1967, at 10 a.m. Dated: August 7, 1967. [F.R. Doc. 67-9408; Filed, Aug. 9, 1967; Issued: August 3,1967. Thomas Lisi, 8:51 a.m.] Secretary. Released: August4,1967. [JF.R. Doc. 67-9411; Filed, Aug. 9, 1967; F ederal Communications SUN LINE INC. 8:51 a.m.] Commission, Financial Responsibility To Meet Lia­ [seal] B en F. Waple, Secretary. bility Incurred for Death or Injury [F.R. Doc. 67-9405; Filed, Aug. 9, 1967; to Passengers or Other Persons on CIVIL SERVICE COMMISSION 8:51 a.m.] Voyages; Notice of Application for DIRECTOR, ASIAN DIVISION, OFFICE Certificate [Casualty] OF THE ASSISTANT SECRETARY OF Notice is hereby given that pursuant to DEFENSE (SYSTEMS ANALYSIS) the provisions of section 2, Public Law FEDERAL MARITIME COMMISSION 89-777 (80 Stat. 1357, 1358) and Federal Manpower Shortage PENINSULAR AND ORIENTAL STEAM Maritime Commission General Order 20, Under the provision of 5 U.S.C, 5723, NAVIGATION CO. (P & O LINES) Amendment 2 (46 CFR Part 540) the fol­ the Civil Service Commission has found, ET AL. lowing persons have applied to the effective August 2, 1967, that there is a Federal Maritime Commission for a Cer­ manpower shortage for the single posi­ Application for Certificate of Financial tificate of Financial Responsibility to tion of Director, Asian Division, Office Responsibility To Meet Liability In­ Meet Liability Incurred for Death or of the Assistant Secretary of Defense curred for Death or Injury to Pas­ Injury to Passengers or Other Persons (Systems Analysis), GS-015-17, Depart­ sengers o'r Other Persons on Voy­ on Voyages: ment of Defense, Washington, D.C. Sun Line Inc. (Sun Line). The appointee may be paid for the ex­ ages; Notice of Issuance of Cer­ pense of travel and transportation to his tificate [Casualty] Dated: August 7,1967. first post of duty. Notice is hereby given that pursuant to T homas Lis i, U nited S tates Civil S erv­ the provisions of section 2, Public Law Secretary. ice Commission, 89-777 (80 Stat. 1356, 1357) and Federal [F.R. Doc. 67-9409; Filed, Aug. 9, 1967; [ seal] James C. S pry, Maritime Commission General Order 20, /8:51 a.m.l Executive Assistant to (46 CFR Part 540) that a Certificate of the Commissioners. Financial Responsibility to Meet Liabil­ [F.R. Doc. 67-9407; Filed, Aug. 9, 1967; ity Incurred for Death or Injury to Pas­ SUN LINE INC. 8:51 a.m.] sengers or Other Persons on Voyages has Indemnification of Passengers for been issued to the following (all effec­ tive on August 7,1967) : Nonperformance of Transportation; Notice of Application for Certificate The Peninsular & Oriental Steam Navigation SECURITIES AND EXCHANGE Co. (P & O Lines). Certificate No. C-1,034. (Performance) Aegean Cruises, S.A. and Unitours, Inc. Notice is hereby given that pursuant COMMISSION (Aegean: Epirotiki Lines). Certificate No. to the provisions of section 3, Public [812-2153] C-1,035. Kavim Shipping Co., Ltd./Jamaica Shipping Law 89-777 (80 Stat. 1357, 1358) and INCOME FUND OF BOSTON, INC., Lines, Ltd. Certificate No. C-1,036. Federal Maritime Commission Gênerai ET AL. State of Alaska. Certificate No. C-1,037. Order 20 (46 CFR Part 540) the follow­ American Export Isbrandtsen Lines, Inc. ing persons have applied to the Federal Notice of Application for Temporary Certificate No. C—1,038. Exemption American President Lines, Ltd. (APL). Cer­ Maritime Commission for a Certificate of tificate No. C-1,039. Financial Responsibility for Indemni­ August 4, 1967. Delta Steamship Lines, Inc. (Delta Line). Notice is hereby, given that an appli" Certificate No. C-1,040. fication of Passengers for Nonperform­ Grace Line, Inc. Certificate No. 0-1.041. ance of Transportation: cation has been filed pursuant to sec-

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11589 tion 6(c) of the Investment Company tively, presently held as assets of skid Washington, D.C. 20549. A copy of such Act of 1940 ("Act”) by The Income Fund estate as hereinabove set forth. request shall be served personally or by of Boston, Inc, (“Fund”) , its investment Section 15(a) of the Act provides, mail (airmail if the person being served adviser, Boston Administrative & Re­ among other things, that it shall be un­ is located more than 500 miles from the search Co., Inc. (“Adviser”) , and Securi­ lawful for any person to serve or act as an point of mailing) upon application at the ties Co. of Massachusetts Inc. (“Securi­ investment adviser of a registered in­ address stated above. Proof of such serv­ ties”) , 581 Boylston Street, Boston, Mass., vestment company except pursuant to a ice (by affidavit or in case of an attorney- the sole underwriter of the Fund, re­ written contract which has been ap­ at-law by certificate) shall be filed con­ questing an order of the Commission proved by the vote of a majority of the temporaneously with the request. At any exempting Adviser and the Fund from outstanding voting securities of such time after said date, as provided by Rule the requirements of sections 15(a) and registered investment company and pro­ 0-5 of the rules and regulations promul­ 15(c) of the Act respectively, during the vides in substance for its automatic gated under the Act, an order disposing period from May 24, 1967, to and termination in the event of its assign­ of the application herein may be issued including the final adjournment of the ment by the investment adviser. by the Commission upon the basis of the special meeting of shareholders to be Section 15(b) provides, among other showing contained in said application, held on August 31, 1967, and exempting things, that it shall be unlawful for any unless an order for hearing upon said Securities from the requirements of sec­ principal underwriter for a registered application shall be issued upon request tion 15(b) for the period from May 24, open-end company to offer for sale, sell or or upon the Commission’s own motion. 1967, to May 31,1967. All interested per­ deliver after sale any security of which Persons who request a hearing or advice sons are referred to the application such company is the issuer except pursu­ as to whether a hearing is ordered will which is on file with the Commission for ant to a written contract with such com­ receive notice of further developments a statement of the representations pany, which contract shall provide for its in this matter, including the date of the therein which are summarized below. automatic termination in the event of hearing (if ordered) and any postpone­ The investment advisory agreement assignment by such underwriter. ments thereof. between the Fund and Adviser and the Section 15(c) provides, among other things, that it is unlawful for any regis­ For the Commission (pursuant to distribution contract between the Fund delegated authority). and Securities contain the provisions re­ tered investment company having a quired by section 15 of the Act that they board of directors to enter into, renew, or [seal] N ell ye A. Thorsen, shall terminate automatically in the perform any investment advisory or un­ Assistant Secretary. event of their “assignment”, which under derwriting contract unless the terms of [F.R. Doc. 67-9349; Filed, Aug. 9, 1967; the Act includes any direct or indirect the contract and any renewal thereof 8:46 a.m.] transfer of a controlling block of the are approved by a majority of the direc­ outstanding voting securities of the in­ tors who are not parties to such contract vestment adviser or the principal under­ or affiliated persons of any such party INTERAMERICAN INDUSTRIES, LTD. writer. or by the vote of % majority of the out­ On May 24, 1967, Joseph Furst, holder standing voting securities of such Order Suspending Trading of all the outstanding capital stock of company. August 4,1967. Adviser and Securities died at Boston, Fund and Securities request an order /It appearing to the Securities and Ex­ Mass., leaving a will. The stock of Ad­ exempting Securities from the provisions change Commission that the summary viser and Securities is presently held as of section 15(b) for the period from suspension of trading in the capital stock an asset of the estate of Joseph Furst to May 24, 1967, to and including the close of Interamerican Industries, Ltd., Cal­ be administered by the executors named of business on May 31, 1967, because Se­ gary, Alberta, Canada, being traded in in the will. Four executors are designated curities received and accrued income the United States otherwise than on a to serve under the will, of whom one is from the sale of shares of the Fund dur­ national securities exchange is required a director and chief executive officer of ing that period when no written under­ in the public interest and for the pro­ the Fund, Adviser and Securities; one is writing contract was in effect. tection of investors; an officer and director of each such cor­ Fund and Adviser request the order It is ordered, Pursuant to section 15(c) poration; and two are directors of the exempting Adviser and Fund from the (5) of the Securities Exchange Act of Adviser. provisions of section 15(a) and 15(c) of 1934, that trading in the United States On May 317 1967, the Board of Di­ the Act respectively, in order that the in such securities otherwise than on a rectors of the Fund by affirmative vote of normal operations of Fund may continue without interruption pending approval by national securities exchange be sum­ the directors who were not also directors marily suspended, this order to be effec­ or officers of Adviser approved continua­ Fund’s shareholders of a new advisory contract. tive for the period August 7, 1967, tion of the present investment advisory through August 16, 1967, both dates contract with Adviser pending approval Section 6(c) of the Act provides that inclusive. by the shareholders of the Fund of a new the Commission, by order upon applica­ investment advisory contract at the tion, may conditionally or uncondition­ By the Commission. special meeting of shareholders to be ally exempt any person or transaction [ seal] Nell ye A. T horsen, held August 31, 1967. In addition, those from any provision of the Act or of any Assistant Secretary. rule or regulation thereunder, if and to directors of the Fund who were not also [FR. Doc. 67-9360; Filed, Aug. 9, 1967; directors or officers of Securities voted to the extent that such exemption is nec­ 8:46 u s .] approve and authorize execution of a essary to or appropriate in the public in­ new distribution contract with Securities terest and consistent with the protection containing terms and conditions identical of investors and the purposes fairly in­ (File No. 1-1277] to the distribution contract which auto­ tended by the policy and provisions of matically terminated when Mr. Furst the Act. PENROSE INDUSTRIES CORP. died. Notice is further given that any in­ Order Suspending Trading This application for exemption is con­ terested person may, not later than Au­ ditioned upon the undertaking of each oi gust 24, 1967, at 5:30 p.m., submit to the August 4, 1967. the applicants to file with the Securities Commission in writing a request for a The common stock $2 par value, of and Exchange Commission such addi­ hearing on the matter accompanied by a Penrose Industries Corp., being listed tional applications for exemption and statement as to the nature of his interest, and registered on the American Stock of the Fund to secure such further ap­ the reason for such request and the issues Exchange pursuant to provisions of the proval of its shareholders as may be re­ of fact or law proposed to be contro­ Securities Exchange Act of 1934 and the quired under the Act in connection with verted, or he may request that he be no­ 5 percent Cumulative Convertible Pre­ any transfer or distribution, in whole oi tified if the Commission should order a ferred stock, $20 par value of Penrose m part, by the executors under the will oi hearing thereon. Any such communica­ Industries Corp., being traded otherwise Joseph Furst of the capital stock of the tion should be addressed: Secretary, than on a national securities exchange; Adviser and of the Underwriter, respec­ Securities and Exchange Commission, and

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11590 NOTICES It appearing to the Securities and Ex­ mission’s general rules of practice (49 Way, Pocatello, Idaho. Applicant’s rep­ change Commission that the summary CFR, as amended), published in the resentative : Maurice H. Greene, 334 suspension of tradingr in such securities F ederal R egister issue of April 20, 1966, First Security Bank Building, Boise, on such Exchange and otherwise than on effective May 20, 1966. These rules pro­ Idaho 83702. Authority sought to operate a national securities exchange is required vide, among other things, that a protest as a common carrier, by motor vehicle, in the public interest and for the protect to the granting of an application must be over regular routes, transporting: Gen­ tion of investors; filed with the Commission within 30 days eral commodities (except household It is ordered, Pursuant to sections 15 after date of notice of filing of the appli­ goods as defined by the Commission, (c)(5) and 19(a)(4) of the Securities cation is published in the F ederal R egis­ petroleum products in tank vehicles, and Exchange Act of 1934, that trading in ter. Failure seasonably to file a protest commodities requiring special equip­ such securities on the American Stock will be construed as a waiver of opposition ment (other than such equipment as is Exchange and otherwise than on a na­ and participation in the proceeding. A required for use in transporting ma­ tional securities exchange be summarily protest under these rules should comply chinery, tank, and other commodities suspended, this order to be effective for with § 1.247(d) (3) of the rules of prac­ requiring the use of flatbed trucks), serv­ the period August 7, 1967, through Au­ tice which requires that it set forth spe­ ing the point of Longview, Wash., as an gust 16, 1967, both dates inclusive. cifically the grounds upon which it is off-route point in connection with ap­ made, contain a detailed statement of plicant’s regular route authority be­ By the Commission. Protestant’s interest in the proceeding tween Tacoma, Wash., and Portland, [ SE AL ] OR-VAL LrDuBoiS, (including a copy of the specific portions Oreg., over U.S. Highway 99. Note: Secretary. of its authority which protestant believes Applicant states it may presently serve Longview, Wash., because it is within [F.R. Doc. 67-9351; Filed, Aug. 9, 1967; to be in conflict with that sought in the 8:46 a.m.] application, and describing in detail the the commercial zone of Kelso, Wash., a method—whether by joinder, interline, point on U.S. Highway 99 between or. other means—by which protestant Tacoma and Vancouver. Applicant seeks [File No. 1—4078] would use such authority to provide all specific authority to serve the point of TEL-A-SIGN, INC. or part of the service proposed), and Longview so that it may serve points shall specify with particularity the facts, within the commercial zone of Longview Order Suspending Trading matters, and things relied upon, but shall in which the plants of the shipper sup­ porting the application are located. If August 4, 1967. not include issues or allegations phrased .generally. Protests not in reasonable a hearing is deemed necessary, applicant The common stock of Tel-A-Sign, compliance with the requirements of the requests it be held at Portland, Oreg. Inc., being listed and registered on the rules may be rejected. The original and No. MC 531 (Sub-No. 234), filed July American Stock Exchange pursuant to one copy of the protest shall be filed with 27, 1967. Applicant: YOUNGER BROTH­ provisions of the Securities Exchange the Commission, and a copy shall be ERS, INC., 4904 Griggs Road, Post Office Act of 1934, and being traded otherwise served concurrently upon applicant’s Box 14287. Houston, Tex. 77021. Appli­ than on a national securities exchange; representative, or applicant if no repre­ cant’s representative: Wray E. Hughes and sentative is named. If the protest in­ (same address as applicant). Authority It appearing to thé Securities and Ex­ cludes a request for oral hearing, such sought to operate as a common carrier, change Commission that the summary requests shall meet the requirements of by motor vehicle, over irregular routes, suspension of trading in such securities § 1.247(d) (4) of the Special Rule, and transporting: Wine vinegar, in bulk, in on such Exchange and otherwise than on shall include the certification required tank vehicles, from Reedley, Calif., to a national securities exchange is re­ therein. Chicago, 111., and Terre Haute, Ind. quired in the public interest and for the Section 1.247(f) of the Commission’s Note: Common control may be involved. protection of investors; rules of practice further provides that If a hearing is deemed necessary, appli­ It is ordered, Pursuant to sections 15 each applicant shall, if protests to its cant requests it be held at San Francisco, (c)(5) and 19(a)(4) of the Securities application have been filed, and within Exchange Act of 1934, that trading in Calif: 60 days of the date of this publication, No. MC 1824 (Sub-No. 41), filed July such security on the American Stock notify the Commission in writing (1) Exchange and otherwise than on a na­ 19,1967. Applicant: PRESTON TRUCK­ tional securities exchange be summarily that it is ready to proceed and prosecute ING COMPANY, INC., 151 Easton Boule­ suspended, this order to be effective for the application, or (2) that it wishes to vard, Preston, Md. 21655. Applicant’s withdraw the application, failure in representative: Frank V. Klein (same the period August 5, 1967, through Au­ which the application will be dismissed gust 14, 1967, both dates inclusive. address as applicant). Authority sought by the Commission. to operate as a common carrier, by motor By the Commission. Further processing steps (whether vehicle, over regular routes, transport­ [SEAL] NELLYE A. THORSEN, modified procedure, oral hearing, or ing : General commodities, except classes Assistant Secretary. other procedures) will be determined A and B explosives, household goods as generally in accordance with the Com­ defined by the Commission, commodities [F.R. Doc. 67-9352; Filed, Aug. 9, 1967; mission’s General Policy Statement in bulk, and those requiring special 8:46 a.m.] Concerning Motor Carrier Licensing equipment, (1) between junction U.S. Procedures, published in the F ederal Highways 611 and 209, near Strouds­ R egister issue of May 3, 1966. This as­ burg, Pa., and junction U.S. Highways signment will be by Commission order 9W and 209 near Kingston, N.Y., over INTERSTATE COMMERCE which will be served on each party of U.S. Highway 209; (2) between junction record. U.S. Highway 11 and New York Highway COMMISSION The publications hereinafter set forth 7, neai Binghamton, N.Y., and junction MOTOR CARRIER, BROKER, WATER reflect the scope of the applications as New York Highways 5 and 7 at Schenec- filed by applicants, and may include . tady, N.Y., over New York Highway 7; CARRIER AND FREIGHT FOR­ descriptions, restrictions, or limitations (3) between junction U.S. Highways 1 WARDER APPLICATIONS / which are not in a form acceptable to and 17 at Fredricksburg, Va., and Han­ [Notice 1093] the Commission. Authority which ulti­ cock, Md., from junction U.S. Highways mately may be granted as a result of the 1 and 17 at Fredricksburg, over U.S. August 4, 1967. applications here noticed will not neces­ Highway 17 to junction U.S. Highway 50 The following applications are gov­ sarily reflect the phraseology set forth at Paris, Va., thence over U.S. Highway erned by Special Rule 1.2471 of the Com- in the application as filed, but also will 50 to junction U.S. Highway 522 at Win­ eliminate any restrictions which are not chester, Va., thence over U.S. Highway acceptable to the Commission. 522 to Hancock, Md., and return over the 1 Copies of Special Rule 1.247 (as No. MC 263 (Sub-No. 179), filed amended) can be obtained by writing to the same route; and (4) between junction Secretary, Interstate Commerce Commission, July 24, 1967. Applicant: GARRETT Washington, D.C. 20423. FREIGHTLINES, INC., 2055 Garrett U.S. Highway 11 and N.Y. Highway IT

: . , - v - . . ■ FEDERAL REGISTER, VOL. 32, NO. 154—THURSDAY, AUGUST 10, 1967 NOTICES 11591 at Binghamton, N.Y., and junction U.S. and supplies, which, because of size or (same address as applicant). Authority Highway 15 and N.Y. Highway 17, at weight, do not require the use of special sought to operate as a common carrier, Painted Post, N.Y., over N.Y. Highway equipment when moving in mixed loads by motor vehicle, over regular routes, 17; as alternate routes for operating with structural and fabricated steel transporting: General commodities, ex­ convenience only in (1), (2), (3), and which, because of size or weight, require cept those of unusual value, class A and (4), above, serving no intermediate the use of special equipment, from New B explosives, green hides, household points. N ote : If a hearing is deemed nec­ York, N.Y., to points in Middlesex and goods as defined by the Commission, essary, applicant requests it be held at Union Counties, N.J., to points in Maine, commodities in bulk, and those requir­ Washington, D.C. Vermont, New Hampshire, Massachu­ ing special equipment, serving Kebert No. MC 2860 (Sub-No. 16), filed setts, Rhode Island, Connecticut, New Park, Pa. (formerly known as Keystone July 11, 1967. Applicant: NATIONAL York, New Jersey, Pennsylvania, Dela­ Ordnance Works, located approximately FREIGHT, INC., 57 West Part: Avenue, ware, Maryland, and the District of 10 miles south of Meadville, Pa.), as an Vineland, N.J. 08360. Applicant’s repre­ Columbia, (2) iron and steel articles, off-route point in connection with car­ sentative: Alvin Altman, 1776 Broadway, from New York, N.Y., to points in Maine, rier’s authorized regular route to and New York, N.Y. 10019. Authority sought Vermont, New Hampshire, Massachu­ from Erie, Pa., and, to and from Pitts­ to operate as a common carrier, by motor setts, Rhode Island, Connecticut, New burgh, Pa. Note: If a hearing is deemed vehicle, over irregular routes, transport­ York, New Jersey, Pennsylvania, Dela­ necessary, applicant requests it be held ing: Glass containers, and fibre board ware, Maryland, and the District of Co­ at Washington, D.C. boxes, set up or knocked down between lumbia, and (3) damaged shipments of No. MC 29079 (Sub-No: 36) (Amend­ Marienville, Parkers Landing, Knox, the above-described commodities, from Kane, Sheffield, and Elk Township, Pa., ment), filed May 4, 1967, published in points in the above-specified destination the F ederal R egister issues of May 18, on the one hand, and, on the other, points territory to New York, N.Y., and points 1967, amended July 7, 1967, and re­ in Connecticut, Delaware, Maine, Mary­ in Union and Middlesex Counties, N.J. published as amended, this issue. Appli­ land, Massachusetts, New Hampshire, Note: If a hearing is deemed necessary, cant: BRADA MILLER FREIGHT SYS­ New Jersey (except points in Atlantic, applicant requests it be held at New TEM, INC., 1210 South Union, Kokomo, Camden, Cumberland, Gloucester, and York, N.Y. Ind. 46901. Applicant’s representative: Salem Counties, N.J.), New York, Rhode No. MC 8984 (Sub-No. 78), filed July Carl L. Steiner, 39 South La Salle Street, Island, Vermont, and the District of 20, 1967. Applicant: WESTERN GIL­ Chicago, HI. 60603. Authority sought to Columbia. N ote: If a hearing is deemed LETTE, INC., 2550 East 28th Street, operate as a common carrier, by motor necessary, applicant requests it be held at Post Office Box 15274, Vernon Station, vehicle, over irregular routes, transport­ Philadelphia, Pa., or New York, N.Y. Los Angeles, Calif. 90058. Applicant’s ing: Diammonium phosphate, in bulk, in No. MC 3581 (Sub-No. 12), filed July representative: R. Y. Schureman, 1010 dump vehicles, from the plantsites, ware­ 27,1967. Applicant: THE MOTOR CON­ Wilshire Boulevard, Los Angeles, Calif. houses and facilities of the kew Jersey VOY, INC., Post Office Box 432, Hape- 90017. Authority sought to operate" as a Zinc Co., located at or near Depue, Col­ ville, Ga. 30054. Applicant’s representa­ common carrier, by motor vehicle, over fax, and Riverdale, HI., Des Moines, tive: Paul M. Daniell, 1600 First Federal regular routes, transporting: General Iowa, to points in Hlinois, Indiana, Iowa, Building, Atlanta, Ga. 30303. Authority commodities (except household goods Kansas, Michigan, Minnesota, Missouri, sought to operate as a common carrier, as defined by the Commission, commod­ by motor vehicle, over irregular routes, Nebraska, North Dakota, Ohio, South ities in bulk, and commodities requiring Dakota, and Wisconsin. Note: The pur­ transporting: Automobiles, trucks, and special equipment) , serving the Argonne pose of this republication is to broaden farm-type tractors, in secondary move­ Industrial District, in Du Page and Will the origin point by adding Colfax, and ment in truckaway service, between Mo­ Counties, 111., as an off-route point in to delete Dubuque. If a hearing is deemed bile, Ala., on the one hand, and, on the connection with carrier’s presently au­ necessary, applicant requests it be held other, points in Louisiana. N ote : Appli­ at Chicago, HI. cant intends to tack the proposed au­ thorized regular route operations to thority at Mobile, Ala., with presently and from Chicago, HI., restricted against No. MC 33641 (Sub-No. 64), filed held authority, serving points in. Vir­ the transportation of traffic originating July 11, 1967. Applicant: IML FREIGHT, ginia, Tennessee, North Carolina, South at or destined to points in the Chicago, INC., Post Office Box 2277, Salt Lake Carolina, Georgia, Mississippi, and Flor­ 111., commercial zone, as defined by the City, Utah 84110. Applicant’s representa­ ida. If a hearing is deemed necessary, Comn^jission. N ote: If a hearing is tive: Marshall G. Berol, 100 Bush Street, applicant requests it be held at Jackson­ deemed necessary, applicant requests it 21st floor, San Francisco, Calif. 94104. ville, Fla., Atlanta, Ga., or New Orleans, be held at Chicago, 111. Authority sought to operate as a com­ La. No. MC 10761 (Sub-No. 218), filed July mon carrier, by motor vehicle, over reg­ No. MC 5470 (Sub-No. 27), filed 31, 1967. Applicant: TRANSAMERICAN ular routes, transporting: General com­ July 26, 1967. Applicant: ERSKINE & FREIGHT LINES, INC., 1700 North modities (except those of unusual value, SONS, INC., Rural Delivery No. 5, Waterman Avenue, Detroit, Mich. 48209. classes A and B explosives, household Mercer, Pa. 16137. Applicant’s represent­ Applicant’s representative: A. Alvis goods as defined by the Commission, and ative: Theodore Polydoroff, Munsey Layne, Pennsylvania Building, Washing­ commodities in bulk), (1) between Building, Washington, D.C. Authority ton, D.C. 20004. Authority sought to op­ Cheyenne, Wyo., and Topeka, Kans., sought to operate as a common carrier, erate as a common carrier, by motor ve­ from Cheyenne, over U.S. Highway 30 by motor vehicle, over irregular routes, hicle, over regular routes, transporting: (or Interstate Highway 80) to junction transporting: Graphite, in bulk, in dump General commodities, except those of Nebraska Highway 10 (near Kearney, unusual value, classes A and B explosives, Nebr.), thence over Nebraska Highway vehicles, from Niagara Falls, N.Y., to household goods as defined by the Com­ fechneider, Ind. N ote: If a hearing is 10 to junction U.S. Highway 136, thence - deemed necessary, applicant requests it mission, commodities in bulk, commodi­ over U.S. Highway 136 to junction Ne­ ties requiring special equipment, and braska Highway 14, thence over Nebras­ ton D at Pittsburgh’ Pa- or Washing- those injurious or contaminating to other ka Highway 14 to junction Nebraska lading, serving Honeoye Falls, N.Y., as an Highway 8 (near Superior, Nebr.), 91 N? n M C 6078 (sub-No. 62), filed July off-route point in connection with car­ thence over Nebraska Highway 8 to i4oc 967' APPBcant: D. F. BAST, INC., rier’s authorized regular route service junction U.S. Highway 81, thence 1425 North Maxwell Street, Allentown, between Buffalo and Rochester, N.Y., and over U.S. Highway 81 to junction Ba. Applicant’s representative: Bert between Buffalo and Syracuse, N.Y. Highway 36, thence over U.S. Highway Mffims, 140 Cedar Street, New York, N ote: If a hearing is deemed necessary, 3§ to junction U.S. Highway 75, thence x. 10006. Authority sought to operate applicant requests it be held at Rochester over U.S. Highway 75 (or alternate U.S. a common carrier, by motor vehicle, or Buffalo, N.Y. Highway 75) to Topeka, Kans., and re­ pj? "regular routes, transporting: (1) No. MC 13123 (Sub-No. 43), filed July turn over the same route, as an alternate «oneated and structural steel, which 27, 1967. Applicant: WILSON FREIGHT route for operating convenience only, because of size or weight, requires the COMPANY, a corporation, 3636 Follett serving no intermediate points, but serv­ J*p.ecial equipment, and structural Avenue, Cincinnati, Ohio 45223. Appli­ ing the junction of U.S. Highway 75 and fabricated steel and related material cant’s representative: Milton H. Bortz U.S. Highway 24 (near Topeka, Kans.),

No. 154----- 11 FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11592 NOTICES COMPANY, a corporation, 1970 South as a point of joinder with carrier’s other­ Diammonium phosphate, in bulk, from wise authorized regular routes at said Depue, Colfax and Riverdale, HI., and Broadway, Green Bay, Wis. 54306. Appli­ Des Moines, Iowa, to points in Illinois, cant’s representative: K. L. Laird (same junction, and (2) between Cheyenne, address as applicant). Authority sought Wyo., and junction Kansas Highway 8 Iowa, Wisconsin, Missouri, Minnesota, Nebraska, Kansas, South Dakota, North to operate as a common carrier, by motor and U.S. Highway 36 (near Athol, vehicle, over irregular routes, transport­ Kans.), from Cheyenne, Wyo., as above Dakota, Indiana, Ohio, and Michigan. Note: Common control and dual opera­ ing: Liquid chemicals, in bulk, in tank specified to junction Nebraska Highway vehicles, from Muskegon, Mich., and 10 and U.S. Highway 136, thence over Ne­ tions may be involved. The purpose of this application is to add the origin point within 5 miles thereof, to points in Iowa, braska Highway 10 and Kansas Highway Missouri, Kansas, Nebraska, and Minne­ 8 of Colfax, 111., and to delete the origin to junction U.S. Highway 36, and return sota (except St. Paul, Minn.). Note: over the same routes, as an alternate point of Dubuque, Iowa. If a hearing is deemed necessary, applicant requests it The purpose of this republication is to route for operating convenience only, correct the origin point. If a hearing is serving no intermediate points. Note: be held at Chicago, 111. No. MC 50069 (Sub-No. 382), filed July deemed necessary, applicant requests it Common control may be involved. If a be held at Lansing or Detroit, Mich. hearing is deemed necessary, applicant 24, 1967. Applicant: REFINERS TRANS­ PORT & TERMINAL CORPORATION, No. MC 58902 (Sub-No. 11), filed does not specify. 930 North York Road, Hinsdale, HI. Ap­ July 24, 1967. Applicant: MANLEY No. MC 35628 (Sub-No. 278), filed TRANSFER COMPANY, INC., 312 July 27, 1967. Applicant ^INTERSTATE plicant’s representative: Robert H. Levy, 29 South La Salle Street, Chicago, 111. North Santa Fe, Chanute, Kans. Appli­ MOTOR FREIGHT SYSTEM, a corpora­ cant’s representative: Tom B. Kretsinger, tion, 134 Grandville Southwest, Grand 60603. Authority sought to operate as a common carrier, by motor vehicle, over 450 Professional Building, Kansas City, Rapids, Mich. 49502. Applicant’s repre­ Mo. 64106. Authority sought to operate sentative: Leonard D. Verdier, Jr., 1 irregular routes, transporting: Liquid chemicals, in bulk, in tank vehicles, from as a common carrier, by motor vehicle, Vandenberg Center, Grand Rapids, over regular routes, transporting: Classes Mich. 49502. Authority sought to operate Muskegon, Mich., and points within 5 miles thereof, to points in Iowa, Missouri, A, B, and C explosives, between Par­ as a common carrier, by motor vehicle, sons, Kans., and the Kansas City, Mo.- over regular routes, transporting: Gen­ Kansas, Nebraska, and Minnesota. Note: Common control and dual opera­ Kans., Commercial Zone as defined by eral commodities (except classes A and tions may be involved. If a hearing is the Commission, from Parsons, Kans., B explosives, household goods as defined over U.S. Highway 59 to junction Inter­ by the Commission, and commodities in deemed necessary, applicant requests it be held at Chicago, HI. state Highway 35, thence over Interstate bulk),, serving Lima, N.Y., as an inter­ Highway 35 to the Kansas City, Mo.- mediate point, and Honeoye Falls, N.Y., No. MC 52110 (Sub-No. 105), filed July 21, 1967. Applicant: BRADY Kans. Commercial Zone, as defined by as an off-route point, in connection with the Commission, and return over the applicant’s regular route operations be­ MOTORFRATE, INC., 2150 Grand Ave­ nue, Des Moines, Iowa 50312. Applicant’s same route, serving no intermediate tween the Ohio-Pennsylvania State line points. N ote: If a hearing is deemed nec­ and Boston, Mass. Note: If a hearing representative: Homer E. Bradshaw, 11th Floor Des Moines Building, Des essary, applicant requests it be helfi is deemed necessary, applicant requests at Kansas City, Mo. it be held at Rochester or Buffalo, N.Y. Moines, Iowa 50309. Authority sought to operate as a common carrier, by motor No. MC 64932 (Sub-No. 423) (Amend­ No. MC 39414 (Sub-No. 15), filed ment), filed January 30, 1967, published July 21,1967. Applicant: TYLER TRUCK vehicle, over irregular routes, transport­ ing : Meats, meat products, meat byprod­ in the F ederal R egister issues of Febru­ LINES, INC., 2824 Judge Road, Rural ary 24, 1967, and May 18, 1967, and re­ Delivery No. 1, Oakfield, N.Y. 14125. Ap­ ucts and articles distributed by meat packinghouses as described in Sections A published as amended this issue. Ap­ plicant’s representative: Robert V. Gian- plicant: ROGERS CARTAGE CO., a niny, 900 Midtown Tower, Rochester, and C of Appendix I to the report in Descriptions in Motor Carrier Certifi­ corporation, 1439 West 103d Street, Chi­ N.Y. 14604. Authority sought to operate cago, 111. 60643. Applicant’s representa­ as a contract carrier, by motor vehicle, cates 61 MC 209 and 766 (except hides and commodities in bulk in tank ve­ tive: Carl L. Steiner, 39 South La Salle over irregular routes, transporting: Street, Chicago, HI. 60603. Authority Building materials, gypsum and gypsum hicles) , from the plantsite of Iowa Beef Packers, Inc., at or near Luveme, Minn., sought to operate as a common carrier, products, equipment, materials and sup­ by motor vehicle, over irregular routes, plies used in the installation, manufac­ to Aurora, Bloomington, Chicago, East St. Louis, Elgin, Joliet, Peoria, and Rock­ transporting: Diammonium phosphate, ture and application of such commodi­ in bulk, except in dump vehicles from ties, (1) from the plants and warehouses ford, HI., Kansas City, St. Joseph, and St. Louis, Mo., Covington and Louisville, Depue, Colfax, and Riverdale, HI., ana of United States Gypsum Co. at or near Dubuque and Des Moines, Iowa, to points Oakfield, N.Y., to points in Connecticut, Ky., and points in Iowa, Indiana, Ohio, and the lower peninsula of Michigan. in Illinois, Iowa, Wisconsin, Missouri, Delaware, Indiana, Kentucky, Maryland, Minnesota, Nebraska, Kansas, South Massachusetts, Michigan, New Hamp­ Noté: If a hearing is deemed necessary, applicant requests it be held at Des Dakota, North Dakota, Indiana, Ohio, shire, New Jersey, New York, Ohio, and Michigan. N ote: The purpose of Pennsylvania, Rhode Island, Vermont,_ Moines, Iowa, or Chicago, HI. No. MC 52861 (Sub-No. 11), filed this republication is to broaden the origin Virginia, West Virginia, and the District point by adding Colfax and Riverdale, of Columbia, and (2) returned shipments July 21, 1967. Applicant: HAROLD W. STEWART, INC., 2535 Center Street, m. If a hearing is deemed necessary, ap­ and materials, equipment, and supplies plicant requests it be held at Chicago, used in the manufacture and distribu­ Cleveland, Ohio 44113. Applicant’s repre­ tion of the commodities described in (1) sentative: Paul F. Beery, 100 East Broad Hi. Street, Columbus, Ohio 43215. Authority No. MC 69116 (Sub-No. above, on return, under contract with July 25, 1967. Applicant: SPECTOK U.S. Gypsum Co. Note: If a hearing is sought to operate as a common carrier, by motor vehicle, over irregular routes, FREIGHT SYSTEM, INC., 205 West deemed necessary, applicant requests it Wacker Drive, Chicago, HI. 60606. Ap­ be held at New York or Rochester. N.Y. transporting: Lime, (1) from Painesville Township, Lake County, Ohio, to points plicant’s representative: Jack Goodman. No. MC 50069 (Sub-No. 375) (Amend­ in ’Michigan, Indiana, Kentucky, West 39 South La Salle Street, Chicago, m- ment), filed February 13, 1967, pub­ Virginia, Pennsylvania, and New York 60603. Authority sought to operate as a lished in the F ederal R egister issues of and (2) from Scioto Township, Delaware common carrier, by motor vehicle, ove March 9, 1967, April 6, 1967, and May regular routes, transporting: Genera 18, 1967, amended June 23, 1967, repub­ County, Ohio, to points in Kentucky. Note: If a hearing is deemed necessary, commodities, except classes A and B ex lished as amended this issue. Applicant: plosives, livestock, household 8°°~ .. REFINERS TRANSPORT & TERMINAL applicant requests it be held at Colum­ bus, Ohio. defined by the Commission, commodities CORPORATION, 930 North York Road, in bulk, and those requiring special Hinsdale, HI. Applicant’s representative: No. MC 55236 (Sub-No. 152) (Correc­ tion) , filed July 14,1967, published in the equipment, serving Kebert Park, Pa^, Robert H. Levy, 29 South La Salle Street, an off-route point in connection vn Chicago, HI. Authority sought to operate F ederal R egister issue of July 27, 1967, and republished as corrected, this issue. applicant’s regular route operations ,_ as a common carrier, by motor vehicle, U.S. Highways 19, 20, 22, and 322. Now. over irregular routes, transporting: Applicant: OLSON TRANSPORTATION

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1947 NOTICES 11593 If a hearing is deemed necessary, appli­ FER, INC., 801 Livestock Exchange necessary, applicant requests it be held cant requests it be held at Washington, Building, Omaha, Nebr. 68107. Appli­ D.C. at Washington, D.C., or Pittsburgh, Pa. cant’s representative: Donald L. Stem, No. MC 96498 (Sub-No. 28), filed July No. MC 76032 (Sub-No. 215), filed 630 City National Bank Building, Omaha/ July 26, 1967. Applicant: NAVAJO 24, 1967. Applicant: BONIFIELD BROS. Nebr. 68102. Authority sought to operate TRUCK LINES, INC., Post Office Box FREIGHT LINES, INC.,. 1205 South as a common carrier, by motor vehicle, Platte River Drive, Denver, Colo. 80223. 40, West Frankfort, 111. 62896. Appli­ over irregular routes, transporting: cant’s representative: R. W. Burgess, Applicant’s representative: O. Russell 4*rain bins, confined feeding houses and Jones, 215 Lincoln Avenue, Post Office 8514 Midland Boulevard, St. Louis, Mo. auxiliary feed mill equipment, tanks 63114. Authority sought to operate as a Box 2228, Santa Pe, N. Mex. 87501. Au­ knocked down, and related iron and thority sought to operate as a common common carrier, by motor vehicle, over steel articles, from Kansas City, Mo., to regular routes, transporting: General carrier, by motor vehicle; over regular points in Arkansas, Kentucky, Louisiana, routes, transporting: Classes A, B, and commodities (except those of unusual Tennessee, Mississippi, Wisconsin, Ohio, value, classes A and B explosives, house­ C explosives, ammunition not included Michigan, and points in Alabama on and in Classes A, B, and C explosives, com­ hold goods as defined by the Commission, west of Interstate Highway 65 (except commodities in bulk, commodities re­ ponent parts of explosives and ammuni­ Birmingham, Montgomery, and Mobile) tion, and general commodities, except quiring special equipment, and those and damaged and rejected shipments on injurious to or contaminating to other commodities in bulk, those of unusual return. Note: If a hearing is deemed value, household goods as defined by the lading), between Evansville, Ind., and necessary, applicant requests it be held Chicago, 111., from Evansville, over Commission, commodities requiring spe­ at Kansas City,’Mo. U.S. Highway 41 to the junction of Indi­ cial equipment, livestock, farm products, No. MC 95490 (Sub-No. 27), filed ana Highway 64, thence over Indiana grain and hay, fresh milk, fresh vegeta­ July 24, 1967. Applicant: UNION CART­ Highway 64 to the Wabash River Bridge, bles, perishable products which require AGE COMPANY, 9A Southwest Cutoff, thence over the Wabash River Bridge to refrigeration, lumber, in bulk, in truck- Worcester, Mass. Applicant’s repre­ Illinois Highway 1, thence over Illinois loads, sand and gravel, coal in bulk, rock sentative: Leonard A. Jaskiewicz, 1155 Highway 1 to Chicago, and return over asphalt, corrosive acids, and new auto­ 15th Street NW„ Washington, D.C. 20005. the same route, serving no interme­ mobiles, between Albuquerque, N. Mex., Authority sought to operate as a com­ and El Paso, Tex.; from Albuquerque diate points, as an alternate route for mon carrier, by motor vehicle, over operating convenience only. Note: If a over Interstate Highway 25 (U.S. High­ irregular routes, transporting: Feed hearing is deemed necessary, applicant way 85) to junction U.S. Highway 70 at grade urea, in dump vehicles and bags, requests it be held at St. Louis, Mo., or or near Las Cruces, N. Mex., thence over from ports of entry on the international Chicago, 111. U.S. Highway 70 to junction Interstate boundary line, between the United States Highway 10 at or near Las Cruces, No. MC 100666 (Sub-No. 104), filed and Canada at Ogdensburg and Alex­ July 24, 1967. Applicant: MELTON N. Mex., thence over Interstate High­ andria Bay, N.Y., to points in Maine, way 10 (U.S. Highway 85) to El Paso, TRUCK LINES, INC., Post Office Box Massachusetts, New Hampshire, Ver­ 7295, Shreveport, La. 71107. Applicant’s Tex., and return over the same route, mont, Rhode Island, Connecticut, New serving no intermediate points, as an representative: William L. Williamson, York, New Jersey, and Pennsylvania. 450 American National Building, Okla­ alternate route for operating conven­ Note: If a hearing is deemed-necessary, ience only, in connection with carrier’s homa City, Okla. 73102. Authority sought applicant requests it be held at New York, to operate as a common carrier, by motor authorized regular route operations. N.Y. Note: If a hearing is deemed necessary, vehicle, over irregular routes, transport­ applicant requests it be held at Santa Fe No. MC 95540 (Sub-No. 704), filed ing: (1) Roofing and roofing materials, July 20, 1967. Applicant: WATKINS from Meridian, Miss., to points in Arkan­ or Albuquerque, N. Mex., or El Paso, Tex. MOTOR LINES, INC., 1120 West Griffin No. MC 78228 (Sub-No. 14), filed sas, Louisiana, Oklahoma, Texas, Mis­ Road, Lakeland, Fla. Applicant’s repre­ souri, Tennessee, Kentucky, Alabama, July 26, 1967. Applicant: THE J. MILL­ sentative: Alan E. Serby, 1600 First Fed­ ER COMPANY, a corporation, 147 Nichol Georgia, and Florida and (2) materials eral Building, Atlanta, Ga. 30303. Au­ and supplies used in the manufacture of Avenue, McKees Rocks, Pa. 15136. Ap­ thority sought to operate as a common plicant’s representative: Henry M. Wick, roofing, from destination states named Jr., 2310 Grant Building, Pittsburgh, Pa. carrier, by motor vehicle, over irregular in (1) above to Meridian, Miss. N ote: routes, transporting: Foodstuffs, from Applicant states it could tack with (1) 15219. Authority sought to operate as Peoria, 111., to points in Alabama, Ar­ a common carrier, by motor vehicle, over its Sub 67 at Duke, Okla., and serve irregular routes, transporting: Scrap kansas, Connecticut, Delaware, Florida, points in New Mexico or Colorado, and metal, in bulk, in dump vehicles, be­ Georgia, Louisiana, Maine, Maryland, (2) its Sub 1 at Shreveport, La., and Massachusetts, Mississippi, New Hamp­ serve New Mexico, and at any point in tween Niagara Palls, N.Y., on the one shire, New Jersey, New York, North Caro­ Arkansas, Louisiana, or Missouri, within band, and, on the other, points in Penn­ lina, Oklahoma, Pennsylvania, Rhode 250 miles of Texarkana and serve points sylvania, West.Virginia, Ohio, Kentucky, Island, South Carolina, Tennessee, in Kansas. If a hearing is deemed nec­ Indiana, Illinois, Michigan, New Jersey, Texas, Vermont, West Virginia, Virginia, essary, applicant requests it be held at Note: Maryland, Delaware, and Virginia. and the District of Columbia. Note: If a Jackson, Miss., or Shreveport, La. If a hearing is deemed necessary, appli- hearing is deemed necessary, applicant cant requests it be held at Washing­ No. MC 103880 (Sub-No. 379) (Amend­ ton, D.C. requests it be held, at Chicago, 111., St. ment) , filed Januapr 30, 1967, published Louis, Mo., or Washington, D. C. F ederal R egister issue of February 24, No. MC 82841 (Sub-No. 35), filed No. MC 96324 (Sub-No. 12), filed 1967, amended and republished as 1967. Applicant: R. D. TRANS- July 25, 1967. Applicant: GENERAL amended this issue. Applicant: PRO­ c jij 661 Livestock Exchange DELIVERY, INC., 1822 Morgantown DUCERS TRANSPORT, INC., 215 East Building, Omaha, Nebr. 68107. Appli- Avenue, Post Office Box 1816, Fairmont, Waterloo Road, Akron, Ohio 44306. Ap­ representative: Donald L. Stem, W. Va. Applicant’s representative: Harold plicant’s representative: Carl L. Steiner, wo City National Bank Building, Omaha, G. Hernly, 711 Fourteenth Street NW., 39 South La Salle Street, Chicago, 111. Nebr. 68102. Authority sought to operate Washington, D.C. 20005. Authority 60603. Authority sought to operate as a us a common carrier, by motor vehicle, sought to operate as a common carrier, common carrier, by motor vehicle, over over irregular routes, transporting: by motor vehicle, over irregular routes, irregular routes, transporting: Diammo­ excavating machines, from transporting: Materials and supplies nium phosphate, in bulk (except in dump woodbine, Iowa,'to points in the United used in the manufacture and shipping vehicles), from Depue and Colfax, 111., states (except Alaska and Hawaii). of glass containers (except commodities to points in Illinois, Indiana, Iowa, Kan­ ^ a hearing is deemed necessary, in bulk and tank vehicles), from points sas, Minnesota, Missouri, Nebraska, Neb Cant requests U t* held at Omaha, in Pennsylvania, Ohio, Kentucky, Mary­ North Dakota, South Dakota, Michigan, land, New Jersey, New York, and Vir­ Ohio, and Wisconsin. N o te: The purpose No. MC 82841 (Sub-No. 36), filed ginia (except Big Island) to Fairmont, of this republication is to add the origin Juiy 24, 1967. Applicant: R. D. TRANS­ W. Va. Note: If a hearing is deemed point of Colfax, 111. If a hearing is deemed

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11594 NOTICES necessary, applicant requests it be held No. MC 106943 (Sub-No. 95), filed vehicle, over irregular routes, transport­ at Chicago, 111. July 31, 1967, Applicant: EASTERN EX­ ing: Diammonium phosphate (1) from No. MC 103993 (Sub-No. 291), filed PRESS, INC., 1450 Wabash Avenue, the piantsite of The New Jersey Zinc Co., July 28, 1967. Applicant: MORGAN Terre Haute, Ind. 47808. Applicant’s rep­ in Depue, HI., to points in Hlinois, Iowa,, DRIVE-AWAY, INC., 2800 West Lexing­ resentative: James E. Lesh, 3737 North Wisconsin, Missouri, Minnesota, Ne­ ton Avenue, Elkhart, Ind. 46514. Appli­ Meridian Street, Indianapolis, Ind. braska, Kansas, South Dakota, North cant’s representative: Robert G. Tessar 46208. Authority sought to operate as a Dakota, Indiana, Ohio, and Michigan, (same address as applicant). Authority common carrier, by motor vehicle, over (2) from Riverdale, HI., to points in sought to operate as a common carrier, regular routes, transporting: General Hlinois, Indiana, Michigan, Ohio, and by motor vehicle, over irregular routes, commodities, except classes A and B ex­ Wisconsin, and (3) from Des Moines, transporting: Car and truck camper plosives, livestock, grain, petroleum Iowa and Colfax, HI., to points in Iowa, units, from points in Adams County, products, in bulk, household goods as de­ Hlinois, Kansas, Minnesota, Missouri, Colo., to points in Utah, Wyoming, Kan­ fined by the Commission, and commodi­ North Dakota, South Dakota, and Wis­ ties requiring special equipment, serving consin. Note: The purpose of this repub­ sas, Nebraska, Arizona and New Mexico. lication is to add the origin point of Col­ Note: If a hearing is deemed necessary, the piantsite of Pittsburgh Plate Glass applicant requests it be held at Denver, Co. at or near Kebert Park, Pa. (approxi­ fax, HI., to (3) above. If a hearing is mately 10 miles south of Meadville, deemed necessary, applicant requests it Colo. Pa.), as'an off-route point in connection be held at Des Moines, Iowa, or Chicago, No. MC 105375 (Sub-No. 32), filed with carrier’s authorized regular route HI. July 21, 1967. Applicant: DAHLEN operations. Note : If a hearing is deemed No. MC 107515 (Sub-No. 585), filed TRANSPORT OF IOWA, INC., 875 North necessary^ applicant requests it be held July 26, 1967. Applicant: REFRIGER­ Prior Avenue, St. Paul, Minn. 55104. Ap­ at Washington, D.C. ATED TRANSPORT CO., INC., Post Of­ plicant’s representative ^Leonard A. Jas- No. MC 107227 (Sub-No. 96), filed July fice Box 10799—-Station A, Atlanta, Ga. kiewicz, 1155 15th Street NW., Washing­ 24, 1967. Applicant: INSURED TRANS­ 30310. Applicant’s representative: B. L. ton, D.C. 20005. Authority sought to op­ PORTERS, INC., 1944 Williams Street, erate as a common carrier, by motor Gundlach (same address as applicant). San Leandro, Calif. 94577. Applicant’s Authority sought to operate as a common vehicle, over irregular routes, transport­ representative: John G. Lyons, 1418 Mills carrier, by motor vehicle, over irregular ing: Chemicals, in bulk, in tank or hop­ Tower, San Francisco, Calif. 94104. Au­ per-type vehicles, from the piantsite of routes, transporting: Candy and confec­ thority sought to operate as a common tionery products, from Dunn, N.C., to Chemplex Co. at or near Clinton, Iowa, carrier, by motor vehicle, over irregular points in Alabama, Mississippi, Louisi­ to points in Alabama, Arkansas, Colo­ routes, transporting: (1) Trucks, in ini­ rado, Connecticut, Delaware, Florida, ana, Florida, Georgia, and Kentucky. tial movements, in driveaway and truck- Note : Common control may be involved. Georgia, Illinois, Indiana, Kansas Ken­ away service, and (2) bodies, cabs and tucky Louisiana, Maine, Maryland, Mas­ Applicant states it could tack the parts of, and accessories for, such vehicles authority sought in this application with sachusetts, Michigan, Minnesota, New when moving in connection therewith, York, Mississippi, Missouri, Nebraska, its presently held authority in Sub 498 at from the piantsite of the International Doraville, Ga., to serve the State of Ten­ New Hampshire, New Jersey, North Car­ Harvester Co., in San Leandro, Calif., to olina, North Dakota, Ohio, Oklahoma, nessee. If a hearing is deemed necessary, points in the United States (except applicant requests it be held at Raleigh, Pennsylvania, Rhode Island, South Car­ Alaska, Arizona, California, Colorado, olina, South Dakota, Texas, Tennessee, N.C., or Washington, D.C» Hawaii, Idaho, Montana, Nevada, New No. MC 108119 (Sub-No. 19), filed July Vermont, Virginia, West Virginia, and Mexico, Oklahoma, Oregon, Texas, Utah, Wisconsin. Note : If a hearing is deemed 24, 1967. Applicant: E. L. MURPHY Washington, and Wyoming). Note: If a TRUCKING CO., a corporation, 2330 necessary, applicant requests it be held hearing is deemed necessary, applicant at Des Moines, Iowa, or Chicago, 111. West County Road C, St. Paul, Minn. requests it be held at San Francisco, 55113. Applicant’s representative: Val No. MC 105813 (Sub-No., 154), filed Calif. July 24, 1967. Applicant: BELFORD M. Higgins, 1000 First National Bank No. MC 107295 (SUb-No. 110), filed Building, Minneapolis, Minn. 55402. TRUCKING CO., INC., 3500 Northwest July 17, 1967. Applicant: PRE-FAB 79th Avenue, Post Office Box 154, M.I.A. Authority sought to operate as a common TRANSIT CO., a corporation, 100 South carrier, by motor vehicle, over irregular Station, Miami, Fla. 33148. Authority Main Street, Farmer City, HI. 61842. Ap­ sought to operate as a common carrier, routes, transporting: Lumber, posts and plicant’s representative: Mack Stephen-» poles, from points in Colorado, to points by motor vehicle, over irregular routes, son, 42 Fox Mill Lane, Springfield, HI. transporting: Frozen foods from St. in Minnesota, Wisconsin, Missouri, Hli­ 62707. Authority sought to operate as a nois, and Iowa. Note: If a hearing is Joseph, Marshall, Macon, Carrollton, common carrier, by motor vehicle, over Milan, and Moberly, Mo., to points in deemed necessary, applicant requests it irregular routes, transporting: Insulating be held at Denver, Colo.. Alabama, Georgia, North Carolina, materials, and when shipped therewith, South Carolina, and Tennessee. Note: If supplies used in the installation thereof, No. MC 108449 (Sub-No. 248) (Amend­ a hearing is deemed necessary, applicant from Service, Tex., to points in Arkansas ment), filed January 23, 1967, published in F ederal R egister issues of February requests it be held at Washington, D.C. and Oklahoma. Note: Applicant states No. MC 106760 (Sub-No. 81), filed it can or will tack at points in Oklahoma 16, 1967, and May 18, 1967, and repub­ July 20, 1967. Applicant: WHITEHOUSE with its present authority in MC 107295 lished as amended, this issue. Applicant: TRUCKING, INC., 2905 Airport High­ wherein it conducts operations in the INDIANHEAD TRUCK LINE, INC., 1947 way, Toledo, Ohio 43614. Applicant’s rep­ States of Michigan, Indiana, Ohio, Ken­ West County Road C, St. Paul, Minn. resentative: Leonard A. Jaskiewicz, tucky, Tennessee, Hlinois, Missouri, 55113. Applicant’s representative: Madison Building, 1155 15th Street NW., Iowa, and Wisconsin. If a hearing is Adolph J. Bieberstein, 121 West Doty Washington, D.C. 20005. Authority deemed necessary, applicant requests it Street, Madison, Wis. 53703. Authority sought to operate as a common carrier, be held at Dallas, Tex., or Washing­ sought to operate as a common carrier, by motor vehicle, over irregular routes, ton, D.C. by motor vehicle, over irregular routes, transporting: Prefabricated buildings, transporting: Diammonium phosphate, No. MC 107496 (Sub-No. 528) in bulk, from Depue, Colfax, and River- complete, knocked down, or in sections, (Amendment), filed February 6, 1967, including all component parts, materials, dale, HI., and Dubuque and Des Moines, published F ederal R egister issues of Iowa, to points in Illinois, Iowa, Wiscon­ supplies and fixtures when shipped with March 2, 1967, and May 18, 1967, such buildings, accessories used in the sin, Missouri, Minnesota, Nebraska, Kan­ amended and republished as amended sas, South Dakota, North Dakota, Indi­ erection, construction and completion this issue. Applicant: RUAN TRANS­ thereof, from Des Moines and Clarina, ana, Ohio, and Michigan. Note : The pur­ PORT CORPORATION, Keosauqua Way pose of this republication is to expand Iowa, to points in Kansas, Nebraska, at Third, Post Office Box 855, Des Minnesota, North Dakota, South Dakota, the origin area by adding Colfax, HI. If Moines, Iowa 50304. Applicant’s repre­ a hearing is deemed necessary, applicant and Montana. Note: If a hearing is sentative: H. L. Fabritz (same address deemed necessary, applicant does not as applicant). Authority sought to requests it be held at Chicago, HI., ox specify a location. operate as a common carrier, by motor Minneapolis, Minn.

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11595 No. MC 108859 (Sub-No. 46) (Amend­ 1967, and republished, as amended this is deemed necessary, applicant requests ment), filed June 12, 1967, published issue. Applicant: KAMPO TRANSIT, it be held at Washington, D.C., Cleveland, Federal R egister issue of July 7, 1967, INC., 200 West Cecil Street, Neenah, Wis. Ohio, or Memphis, Tenn. amended July 21, 1967, and republished Applicant’s representative: E. Stephen as amended this issue. Applicant: No. MC 113325 (Sub-No. 119) (Amend­ Heisley, 529 Transportation Building, ment) , filed February 20,1967, published CLAIRMONT TRANSFER CO., a cor­ Washington, D.C. 20006. Authority poration, 1803 Seventh Avenue North in F ederal R egister issue of March 9, sought to operate as a common carrier, 1967, and May 18, 1967, amended June Escanaba, Mich. 49829. Applicant’s rep­ by motor vehicle, over irregular routes,^ resentative: William B. Elmer 22644 27, 1967, and republished as amended transporting: Diammonium phosphate, this issue: Applicant: SLAY TRANS­ Gratiot Avenue, East Detroit, Mich. in bulk, in tank or hopper-type vehicles, 48021. Authority sought to operate as a PORTATION CO., INC., 2001 South from Depue, Colfax, and Riverdale, 111., Seventh Street, St. Louis, Mo. 63104. Ap­ common carrier, by motor vehicle, over and Dubuque and Des Moines, Iowa, to regular routes, transporting: General plicant’s representative: Kenneth C. points in Illinois, Iowa, Wisconsin, Min­ Dillman (same address as applicant). commodities (except those of ufiusual nesota, Missouri, Nebraska, Kansas, Authority sought to operate as a common value, classes A and B explosives, live­ South Dakota, North Dakota, Indiana, carrier, by motor vehicle, over irregular stock, household goods as defined by the Ohio, and Michigan. Note: The purpose routes, transporting: Diammonium Commission, and commodities in bulk), of this republication is to broaden the phosphate, dry, in bulk, from the plant- between St. Ignace and Cheboygan, origin point by adding Colfax, HI. If a site of the New Jersey Zinc Co., at or Mich., from St. Ignace over Interstate hearing is deemed necessary, applicant near Depue, Colfax, and Riverdale, 111., Highway 75 to junction U.S. Highway requests it be held at Chicago, HI. and from Des Moines, Iowa, to points in 23, thence over U.S. Highway 23 to Che­ No. MC 111434 (Sub-No. 68), filed Illinois, Iowa, Wisconsin, Missouri, Min­ boygan, and return over the same route, July 19, 1967. Applicant: DON WARD, nesota, Nebraska, Kansas, South Dakota, (a) restricted against service at points INC., 241 West 56th Avenue, Denver, intermediate to Ignace and Cheboygan, North Dakota, Indiana, Ohio, and Mich­ Colo. 80216. Applicant’s representative: igan. Note : The purpose of this applica­ and (b> restricted to traffic transported J. Albert Sebald, 1700 Western Federal tion is to broaden the origin point by either from or to otherwise authorized Building, Denver, Colo. 80202. Authority adding Colfax, 111., and to delete points in the Upper Peninsula of Mich­ sought to operate as a common carrier, Dubuque, Iowa, as an origin point. If a igan west of Interstate Highway 75, U.S. by motor vehicle, over irregular routes, hearing is deemed necessary, applicant Highway 2, and Michigan Highway 48 transporting: Lime, lime products and requests it be held at Chicago, HI., or between St. Ignace and Sault Stq. Marie, limestone and limestone products, (1) St. Louis, Mo. and points in Wisconsin north of U.S. from points in Garfield County, Colo., Highway 18 between Milwaukee and the No. MC 113828 (Sub-No. 133), filed to points in New Mexico, Utah, and July 26, 1967. Applicant: O’BOYLE Mississippi River. N ote: This applica­ Wyoming and (2) between points in tion is accompanied by a petition seek­ TANK LINES, INCORPORATED, 4848 New Mexico, Utah, and Wyoming on Cordell Avenue, Washington, D.C. 20014. ing a modification to applicant’s present shipments immediately preceded or fol­ certificate in Docket No. MC 108859 Applicant’s representative: William P. lowed by rail shipment. Note : If a hear­ Sullivan, 1825 Jefferson Place NW., against the transportation of any traffic ing is deemed necessary, applicant re­ which originates in the Lower Peninsula Washington, D.C. 20036. Authority quests it be held at Denver, Colo. sought to operate as a common carrier, of Michigan and is destined to points No. MC 112801 (Sub-No. 63) (Amend­ in the Upper Peninsula of Michigan on by motor vehicle, oyer irregular routes, ment, filed January 20, 1967, published transporting: Ground mica, in bulk, and east of Interstate Highway 75, U.S. in the F ederal R egister issues of Febru­ Highway 2, and Michigan Highway 48 from points in Yancey and Mitchell ary 2, 1967, and April 6, 1967, and re­ Counties, N.C., to points in Alabama, between St. Ignace, Mich., and Sault published as ^amended this issue. Ap­ Ste. Marie, Mich., and similarly restricted California, Colorado, Connecticut, Dela­ plicant: TRANSPORT SERVICE CO., a ware, Florida, Georgia, Illinois, Indiana, against the transportation of traffic corporation, 5100 West 41st Street, Chi­ Iowa, Kansas, Kentucky, Maine, Mary­ which originates in the described area in cago, 111. Mail: Post Office Box 272 the Upper Peninsula of Michigan and is land, Massachusetts, Michigan, Minne­ (Cicero Station), Chicago, 111. Applicant’s sota, Mississippi, New Jersey, New York, destined to points in the Lower Penin­ representative: Robert H. Levy, 29 South sula of Michigan. Applicant states the North Carolina, Ohio, Pennsylvania, La Salle Street, Chicago, 111. Authority South Carolina, Tennessee, Texas, Vir­ Proposed extension of service is expressly sought to operate as a common carrier, conditioned upon the modification of ginia, Wisconsin, and the District of by motor vehicle, over irregular routes, Columbia. Note: If a hearing is deemed applicant’s present certificate as above transporting: Diammonium phosphate, necessary, applicant requests it be held described. The purpose of this republi­ in bulk, from the plant sites, warehouses cation is to remove the restriction des-’ at Washington, D.C. and facilities of The New Jersey Zinc No. MC 114019 (Sub-No. 177), filed ignated as (c), as previously published. Company, located at or near Depue, If a hearing is deemed necessary, appli­ July 24, 1967. Applicant: MIDWEST Colfax, and Riverdale, 111., and Des EMERY FREIGHT SYSTEM, INC., 7000 cant requests it be held at Lansing or Moines, Iowa to points in Illinois, Iowa, Escanaba, Mich. South Pulaski Road, Chicago, HI. 60629. Wisconsin, Missouri, Minnesota, Ne­ Applicant’s representative: Carl Steiner, No. MC 109478 (Sub-No. 105), filed braska, Kansas, South Dakota, North 39 South La Salle Street, Chicago, HI. July 24, 1967. Applicant: WORSTER Dakota, Indiana, Ohio, and Michigan. 60603. Authority sought to operate as a MOTOR LINES, INC., Gay Road, North Note: The purpose of this republication common carrier, by motor vehicle, over East, Pa. Applicant’s representative: is to broaden the origin point by adding irregular routes, transporting: Chemi­ William W. Knox, 23 West 10th Street, Colfax, 111., and to delete Dubuque, Iowa, cals, chemical compounds and cleaning Erie, Pa. 16501. Authority sought to oper­ as an origin point. If a hearing is deemed compounds, except in bulk, from Utica, ate as a common carrier, by motor ve­ necessary, applicant requests it be held HI., to points in Colorado, Illinois, In­ hicle, over irregular routes, transporting: at Chicago, HI. diana, Iowa, Kansas, Kentucky, Michi­ Vegetable oils, in bulk, in tank vehicles, No. MC 113267 (Sub-No. 178), filed gan, Minnesota, Missouri, Nebraska, from the plantsite and storage facilities July 27, 1967. Applicant: CENTRAL & North Dakota, Ohio, South Dakota, Ten­ of A. E. Staley Manufacturing Co., lo­ SOUTHERN TRUCK LINES, INC., 312 nessee, West Virginia, Wisconsin, and cated at or near Decatur, HI., to Buffalo West Morris Street, Caseyville, 111. Ap­ Wyoming. Note: If a hearing is deemed and Lockport, N.Y. N ote : If a hearing is plicant’s representative: Dale Woodall, necessary, applicant requests it be held at deemed necessary, applicant requests it 900 Memphis Bank Building, Memphis, Chicago, HI. D c ^ icago, HI., or Washington, Tenn. 38103. Authority sought to operate No. MC 115257 (Sub-No. 40), filed as a common carrier, by motor vehicle, July 24, 1967. Applicant: SHAMROCK No. MC 110088 (Sub-No. 232) (Amend­ over irregular routes, transporting: VAN LINES, INC., Post Office Box 5447, ment), filed January 30, 1967, published Frozen foods, from Paducah, Ky., to Dallas, Tex. 75222. Applicant’s repre­ u the Federal R egister issues of Febru­ points in the United States (except sentative : Max G. Morgan, 460 American ary 24, 1967, May 18, 1967, and May 25, Alaska and Hawaii). Note: If a hearing National Building, Oklahoma City, Okla.

FEDERAL REGISTER, V O L 32, NO. 154— THURSDAY, AUGUST 10, 1967 11596 NOTICES essary, applicant requests it be held at 73102. Authority sought to operate as a No. MC 116280 (Sub-No. 4), filed common carrier, by motor vehicle, over July 25, 1967. Applicant: W. C. Mc- Sioux City, Iowa. QUAHDE, INC., 153 Macridge Avenue, No MC 117250 (Sub-No. 5), filed July irregular routes, transporting: Cartoned 19, 1967. Applicant: JAMES WILSON & new furniture, between Rome, Ga., on Johnstown, Pa. 15904. Applicant’s repre­ sentative: Chistian V. Graf, 407 North SONS TRUCKING CORP., 200 King the one hand, and, on the other, points Street, Brooklyn, N.Y. 11231. Applicant’s in Oklahoma, Texas, Kentucky, Mis­ Front Street, Harrisburg, Pa. 17101. Au­ thority sought to operate as a common representative: Edward M. Alfano, 2 sissippi, Louisiana, Tennessee, North West 45th Street, New York, N.Y. 10036. Carolina, South Carolina, Missouri, carrier, by motor vehicle, over irregular routes, transporting: General commodi­ Authority sought to operate as a contract Kansas, Iowa, Indiana, Ohio, Michigan, carrier, by motor vehicle, over irregular Minnesota, Wisconsin, New Mexico, ties (except classes A and B explosives, household goods as defined by the Com­ routes, transporting: Such commodities Arkansas, Nebraska, and Colorado. as are dealt in by manufacturers of N ote: If a hearing is deemed necessary, mission, commodities in bulk, commodi­ ties requiring special equipment, and paints, colors, chemicals, and pigments, applicant requests it be held at Memphis, and materials and supplies used in con­ Term., or Atlanta, Ga. those injurious or contaminating to other lading), between the Greater Pittsburgh nection therewith, except in bulk, in tank No. MC 115331 (Sub-No. 223) (Amend­ or hopper-type vehicles, from points in ment), filed March 17, 1967, published Airport, Moon Township, Allegheny County, Pa., on the one hand, and, on Bergen, Camden, Essex, Hudson, Mid­ F ederal R egister issue of April 6, 1967, dlesex, Morris, Passaic, Somerset, and amended and republished as amended the other, points in Cambria, Blair, Bed­ ford, Huntingdon, Fulton, and Somerset Union Counties, N.J., to New York, N.Y., this issue. Applicant: TRUCK TRANS­ under contract with Sherwin-Williams PORT, INCORPORATED, 707 Market Counties, Pa. Restriction: Tlxe authority granted herein is restricted to trans­ Co. N ote: Applicant states the purpose Street, St. Louis, Mo. 63101. Applicant’s portation of traffic having a prior or sub­ of this application is to serve same representative: Thomas F. Kilroy, 913 shipper from new plant. If a hearing is Colorado Building, 1341 G Street NW., sequent movement by air. Note: Appli­ cant is also authorized as a contract car­ deemed necessary, applicant requests it Washington, D.C. 20005. Authority rier in Permit No. MC 88299, therefor, be held at New York, N.Y. sought to operate as a common carrier, dual operations may be involved. If a No. MC 118474 (Sub-No. 4) (Amend­ by motor vehicle, over irregular routes, hearing is deemed necessary, applicant ment), filed June 22, 1967, published in transporting: Diammonium phosphate, F ederal R egister issue of July 7, 1967, in bulk, from (1) Depue and Colfax, 111., requests it to be held at Johnstown or Harrisburg, Pa. amended July 20, 1967, and republished to points in Illinois, Iowa, Wisconsin, as amended, this issue. Applicant: AIR Missouri, Minnesota, Nebraska, Michigan, No. MC 116414 (Sub-No. 13), filed July 24, 1967. Applicant: LEAVITTS VAN LINES, INC., 135 Post Road, An­ Kansas, South Dakota, North Dakota, chorage, Alaska, also Post Office Box Indiana, and Ohio, (2) Riverdale, HI., to FREIGHT SERVICE, INC., Route 1, Box 170 B, Springfield, Oreg. Applicant’s rep­ 3158, ECB, Anchorage, Alaska. Appli­ points in Illinois, Indiana, Michigan, cant’s representative: Wyman C. Knapp, Ohio, and Wisconsin, (3) Des Moines, resentative: Earle V. White, 2400 South­ west Fourth Avenue, Portland, Oreg. 825 City National Bank Building, 606 Iowa to points in Iowa, Illinois, Wiscon­ South Olive Street, Los Angeles, Calif. sin, North Dakota, South Dakota, 97201. Authority sought to operate as a contract carrier, by motor vehicle, over 90014. Authority sought to operate as a Nebraska, Kansas, Minnesota, and Mis­ common carrier, by motor vehicle, over souri, and (4) Dubuque, Iowa, to points irregular routes, transporting: Pressure treated poles, piling and lumber, from irregular routes, transporting: House­ in Iowa, Illinois, Wisconsin, North hold goods, as defined by the Commis­ Dakota, South Dakota, Nebraska, Kan­ Oroville, Calif., to points in Oregon, un­ der a continuing contract with Koppers sion, when moving on through bills of sas, Minnesota, and Missouri. N ote : lading, between points in the Seattle, Common control and dual operations Company, Inc. If a hearing is deemed Wash., commercial zone, restricted to may be involved. The purpose of this re­ necessary, applicant requests it be held shipments moving to and from the State at Portland, Oreg. publication is to add the origin point of of Alaska. N ote: Applicant does not pro­ Colfax, 111., in (1) above. If a hearing is No. MC 116720 (Sub-No. 6), filed July pose to restrict itself to transporting deemed necessary, applicant requests it 25, 1967. Applicant: DONALD E. MILL­ shipments which only originate or termi­ be held at St. Louis, Mo., or Washington, ER, 15-A,Third Street West, Lemmon, nate in the aforesaid commercial zone, D.C. S. Dak. Applicant’s representative: Val but will receive shipments from and de­ No. MC 116273 (Sub-No. 85) (Amend­ M. Higgins, 1000 First National Bank liver shipments to connecting carriers ment) , filed January 29, 1967, published Building, Minneapolis, Minn. 55402. Au­ within said zone. The purpose of this in the F ederal R egister issues of Febru­ thority sought to operate as a contract republication is to delete '“of an exempt ary 16, 1967 and May 18, 1967, amended carrier, by motor vehicle, over irregular freight forwarder,” as previously pub­ and republished as amended, this issue. routes, transporting: Malt beverages, in lished. If a hearing is deemed necessary, Applicant: D & L TRANSPORT, INC., containers, and supplies, signs, and ma­ applicant requests it be held at Seattle, 3800 South Laramie Avenue, Cicero, 111. terials used in the sale thereof, from Mil­ Wash., or Portland, Oreg. 60650. Applicant’s representative: Carl waukee and La Crosse, Wis., to Lemmon No. MC 119577 (Sub-No. 14) (Amend­ L. Steiner, 39 South La Salle Street, and Mobridge, S. Dak., under contract ment), filed April 13, 1967, published Chicago, HI. 60603. Authority sought to with Interstate Beverage Co. N ote: If a F edehal R egister issue of April 27, 1967, operate as a common carrier, by motor hearing is deemed necessary, applicant amended and republished as amended vehicle, over irregular routes, transport­ requests it be held at Rapid City, S. Dak., this issue. Applicant: OTTAWA CARl- ing: Diammonium phosphate, in bulk, or Minneapolis, Minn. AGE, INC., Post Office Box 458, Ottawa, except in dump vehicles, from Depue, No. MC 116949 (Sub-No. 8), filed July 111. Applicant’s representative: Robert H. Colfax, and Riverdale, 111., and Des 26, 1967. Applicant: BURNS TRUCK­ Levy, 29 South La Salle Street, Chicago, Moines, Iowa, and points within 5 miles ING, INC., Route 1, South Sioux City, Til. 60603. Authority sought to operate as of each, to points in Illinois, Indiana, Nebr. Applicant’s representative: Paul W. a common carrier, by motor vehicle, over Iowa, Kansas, Michigan, Minnesota, Mis­ Deck, 222 Davidson Building, Sioux City, irregular routes, transporting: Diaw- souri, Nebraska, North Dakota, Ohio, Iowa 51101. Authority sought to operate monium phosphate, in bulk from the South Dakota, and Wisconsin. N ote: Ap­ as a contract carrier, by motor vehicle, plantsites, warehouses, and facilities oi plicant states there is possibility of tack­ over irregular routes, transporting: New, the New Jersey Zinc Co., located at or ing with present authority in MC 116273 used and/or wrecked semitrailers and near Depue, Colfax, and Riverdale, In., Sub 20, wherein it is authorized to oper­ parts and equipment therefor between and Des Moines, Iowa, to points in Illi­ ate in Michigan, Illinois, Minnesota, the plantsite of Jason Manufacturing, nois, Iowa, Wisconsin, Missouri,. Minne­ Iowa, Missouri, North Dakota, South Da­ Inc., located at or near Hampton, Iowa, sota, Nebraska, Kansas, South Dakota, kota, Nebraska, and Kansas. N ote : The on the one hand, and, on the other, North Dakota, Indiana, Ohio, and Mich­ purpose of this republication is to add points in the United States (except igan. N ote: The purpose of this repubh- Colfax, 111., and to delete Dubuque, Iowa, Alaska and Hawaii), under contract with cation is to add the words “in bulk, w as origin points. If a hearing is deemed Jason Manufacturing, Inc., of Hampton, the commodity description, and to aa necessary, applicant requests it be held Colfax, HI., to the origin point and delete at Chicago, 111. Iowa. N ote: If a hearing is deemed nec­

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11597 Dubuque, Iowa, from the origin point. If Gunder Cooperative Cheese Factory. 1967, amended and republished as a hearing is deemed necessary, applicant N o t e : If a hearing is deemed necessary, amended this issue. Applicant: JACK requests it be held at Chicago, 111., or applicant requests it be held at Waukon, GRAY TRANSPORT, INC., 3200 Gibson New York, N.Y. Dubuque, Davenport, or Des Moines, Transfer Road, Hammond, Ind. 46323. No. MC 119895 (Sub-No. 14), filed Iowa. Applicant’s representative: Carl L. Stein­ July 27, 1967. Applicant: INTERCITY No. MC 123819 (Sub-No. 12), filed er, 39 South La Salle Street, Chicago, EXPRESS, INC., Post Office Box 1055, July 27, 1967. Applicant: ACE FREIGHT HI. 60603. Authority sought to operate as Port Dodge, Iowa 50501. Applicant’s rep­ LINE, INC., Post Office Box 2103, Mem­ a common carrier, by motor vehicle, over resentative: William A. Landau, 1307 phis, Tenn. Applicant’s representative: irregular routes, transporting: Diam­ East Walnut Street, Des Moines,. Iowa Bill R. Davis, Suite 1600, First Federal monium phosphate, in bulk, in dump 50306. Authority sought to operate as a Building, Atlanta, Ga. Authority sought vehicles, from Depue, Colfax, and River­ common carrier, by motor vehicle, over to operate as a common carrier, by motor dale, 111., and Des Moines and Dubuque, irregular routes, transporting: Meats, vehicle, over irregular routes, transport­ Iowa, and points within 5 miles of each, meat products, meat byproducts, and ing: Bags, from New Orleans, La., to to points in Illinois, Iowa, Kansas, commodities distributed by meat pack­ points in Hillsboro, Pasco and Polk Minnesota, Missouri, Nebraska, North inghouses, as described in sections A and Counties, Fla. N o t e : If a hearing is Dakota, Ohio, South Dakota, Wisconsin, C of appendix 1 to the report in Descrip­ deemed necessary, applicant requests it Indiana, and Michigan. N o t e : The pur­ tions in Motor Carrier Certificates, 61 be held at New Orleans, La. pose of this republication is to add Col­ M.C.C. 209 and 766 (except commodities No. MC 124078 (Sub-No. 262) (Amend­ fax, HI., as an origin point. If a hearing in bulk in tank vehicles), from the plant- ment) , filed January 26, 1967, published is deemed necessary, applicant requests site and storage facilities of I. D. Pack­ in F ederal R egister issues of February, it be held at Chicago, HI. ing Co., Des Moines, Iowa, to Austin, 16, 1967, and May 18, 1967, and repub­ No. MC 126126 (Sub-No. 5), filed Minn., and Fremont, Nebr., restricted to lished as amended, this issue. Applicant: July 24, 1967. Applicant: RABB BROS. the transportation of traffic originating SCHWERMAN TRUCKING CO., a cor­ TRUCKING, INC., Post Office Box 736, at and destined to the points named. poration, 611 South 28th Street, Milwau­ San Joaquin, Calif. Applicant’s repre­ Note: If a hearing is deemed necessary, kee, Wis. 53246. Applicant’s representa­ sentative: Martin J. Rosen, 140 Mont­ applicant requests it be held at Des tive: Richard H. Prevette (same address gomery Street, San Francisco, Calif. Moines, Iowa. as applicant). Authority sought to oper­ 94104. Authority sought to operate as a No. MC 121142 (Sub-No. 8), filed July ate as a common carrier, by motor vehi­ contract carrier, a motor vehicle, over 10, 1967. Applicant: J & G EXPRESS, cle, over irregular routes, transporting: irregular routes, transporting: Alumi­ INC., 489 Julienne Street, Jackson, Miss. Diammonium phosphate, in bulk, from num pipe, including couplings and 38202. Applicant’s representative: James Colfax, Depue, and Riverdale, HI., and fittings, irrigation pumps, pump com­ N. Clay m , 2700 Sterick Building, Mem­ Des Moines, Iowa, to points in Illinois, ponents and accessories, in specially phis, Tenn. 38103. Authority sought to Indiana, Iowa, Kansas, Michigan, Minne­ designed shipper-owned trailers, from operate as a common carrier, by motor sota, Missouri, Nebraska, North Dakota, the plantsite of West Side Pump Co., lo­ vehicle, over irregular routes, transport­ Ohio, South Dakota, and Wisconsin. cated in Fresno County, Calif., to points ing: General commodities (except house­ N o t e : Applicant states it would tack the in Arizona, Nevada, Oregon, Utah, hold goods as defined by the Commission, proposed authority with its Sub 225 at Washington and Idaho, under contract commodities in bulk and those of un­ Indianapolis, Ind., to serve Kentucky. with West Side Pump Co. N o t e : If a usual value), (1) between Grenada, The purpose of this republication is to hearing is deemed necessary, applicant Winona, Vaiden, Durant, Goodman, broaden the origin point by adding Col­ requests it be held at San Francisco, Pickens, Canton, Madison, Ridgeland, fax, HI., and to delete Dubuque, Iowa, as Calif. and Jackson, Miss., on the one hand, and, an origin point. If a hearing is deemed No. MC 126428 (Sub-No. 1) (Amend­ on the other, points in Mississippi on and necessary, applicant requests it be held ment), filed March 16,1967, published in north of U.S. Highway 82 and on and at Chicago, HI. the F ederal R egister issues of March 30, west of Interstate Highway 55; and (2) No. MC 124813 (Sub-No. 38) (Amend­ 1967, and May 18,1967, amended June 27, Regular Route, serving Raymond, Miss., ment) , filed March 24,1967, published in 1967, and republished as amended, this as an off-route point in conjunction with the F ederal R egister issue of April 20, issue. Applicant: ZIBERT TRANS­ its authorized regular route operations 1967, amended and republished as PORT CO., a corporation, Post Office between Jackson and Holly Springs, amended this issue. Applicant: UMTHUN Box 65, 2828 Market Street, Peru, HI. Miss. N o te : Applicant states that tack- TRUCKING CO., a corporation, 910 61354. Applicant’s representative: Rob­ mg could take place at Grenada, Miss., South Jackson Street, Eagle Grove, Iowa ert H. Levy, 29 South La Salle Street, or on Mississippi Highway 7, north of 50533. Applicant’s representative: Wil­ Chicago, 111. 60603. Authority sought to Grenada where it is west of Interstate liam A. Landau, 1307 East Walnut Street, operate as a common carrier, by motor Highway 55 to join with the territory Des Moines, Iowa 50306. Authority sought vehicle, over irregular routes, transport­ being sought. If a hearing is deemed to operate as a common carrier, by motor ing Diammonium phosphate, in bulk, necessary, applicant requests it be held vehicle, over irregular routes, transport­ from the warehouses, facilities, and the at Greenwood or Greenville, Miss. ing: Diammonium phosphate, in bulk, plantsites of the New Jersey Zinc Co. at No. MC 123011 (Sub-No. 2), filed July (1) from Depue, HI., to points in Illinois, or near Depue, Colfax, and Riverdale, 27,1967. Applicant: GERALD SCHNEI­ Indiana, Iowa, Kansas, Michigan, Min­ 111., Des Moines, Iowa, to points in Iowa, DER, Rural Free Delivery 1, Postville, nesota, Missouri, Nebraska, North Da­ Wisconsin, Missouri, Minnesota, Ne­ "jo. 52162. Applicant’s representative: kota, Qhio, South Dakota, and Wiscon­ braska, Kansas, South Dakota, North Arthur H. Jacobson, 25 First Avenue sin, and (2) from Des Moines and Du­ Dakota, Indiana, Ohio, Michigan, and NW-> Waukon, Iowa 52172. Authority buque, Iowa and Colfax and Riverdale, Illinois. N o t e : The purpose of this re- sought to operate as a contract carrier, HI., to points in Illinois, Indiana, Iowa, publication is to broaden the origin point, by motor vehicle, over regular routes, Kansas, Michigan, Minnesota, Missouri, by adding Colfax. If a hearing is deemed transporting: Cheese, from the site of Nebraska, North Dakota, Ohio, South Da­ necessary, applicant requests it be held the Gunder Cooperative Cheese Factory, kota, and Wisconsin. N o t e : The purpose at Chicago, HI. Gunder, Iowa, to the site of Borden Co., of this republication is to add Colfax, No. MC 126822 (Sub-No. 14), filed joscobel, Wis., from Gunder, over Coun­ HI., as an origin point. Applicant is also July 24, 1967. Applicant: PASSAIC ty Road to junction U.S. Highway 18, authorized to conduct operations as a GRAIN AND WHOLESALE COMPANY, tnence over U.S. Highway 18 through contract carrier in Permit No. MC 118468 INC., Post Office Box 23, Passaic, Mo. jrairie du Chien and Bridgeport to junc­ and Subs thereunder, therefor, dual op­ Applicant’s representative: CarU V. tion Wisconsin Highway 60, thence over erations may be involved. If a hearing is Kretsinger, 450 Professional Building, Wisconsin Highway 60 to junction U.S. deemed necessary, applicant requests it 1103 Grand Avenue, Kansas City, Mo. highway 61, thence south on U.S. High­ be held at Des Moines, Iowa. 64106. Authority sought to operate as a way 61 to Boscobel, serving no inter­ No. MC 125777 (Sub-No. 110) (Amend­ common carrier, by motor vehicle, over mediate points, and cheese factory sup- ment), filed March 22, 1967, published Irregular routes, transporting: Animal Phes, on return, under contract with in the F ederal R egister issue of April 6, hides and pelts, from points in Missouri,

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11598 NOTICES Kansas, Nebraska, Iowa, Illinois, and souri, Minnesota, Nebraska, Kansas, N.Y. Note: The purpose of this repub­ Indiana, to ports of entry on the interna­ South Dakota, North Dakota, Indiana, lication is to amend applicant’s com­ tional boundary line between the United Ohio, and Michigan. N o t e : The purpose modity description. If a hearing is States and the Province of Manitoba, of this republication is to add the origin deemed necessary, applicant requests it Canada, located in North Dakota and point of Colfax, HI., and delete the origin be held at Boston, Mass. Minnesota for export into the Province point of Dubuque, Iowa. If a hearing is No. MC 128746 (Sub-No. 6), filed July of Manitoba. N o t e : If a hearing is deemed necessary, applicant requests it 24, 1967. Applicant: D’AGATA NA­ deemed necessary, applicant requests it be held at Chicago, HI., or New York, TIONAL TRUCKING CO., a corpora­ be held at Minneapolis, Minn., or Bis- N.Y. tion, 3240 South 61st Street, Philadelphia, in q T*nlr N TYfi lr No. MC 128273 (Sub-No. 11), filed Pa. 19153. Applicant’s representative: No. MC 126899 (Sub-No. 26), filed July 24, 1967. Applicant: MIDWESTERN G. Donald Bullock, Box 103, Wyn- July 21, 1967. Applicant: USHER EXPRESS, INC., Post Office Box 189, cote, Pa. 19095. Authority sought to op­ TRANSPORT, INC.* 1415 South Third Fort Scott, Kans. 66701. Applicant’s rep­ erate as a common carrier, by motor Street, Paducah, Ky. 42001. Applicant’s resentative: John Jandera, 641 Harrison vehicle, over irregular routes, transport­ representative: George M. Catlett, 703- Street, Topeka, Kans. 66603. Authority ing: (1) Malt beverages, in containers 706 McClure Building, Frankfort, Ky. sought to operate as a common carrier, and (2) advertising materials, from New­ 40601. Authority sought to operate as a by motor vehicle, over irregular routes, ark, N.J., to points in Pennsylvania. common carrier, by motor vehicle, over transporting: Fertilizer (except in bulk, N o t e : If a hearing is deemed necessary, irregular routes, transporting: Malt bev­ in tank and hopper vehicles), from Texas applicant requests it be held at Newark, erages, in containers, from Milwaukee, City, Tex., to points in Montana, North N. J., or New York, N.Y. Wis., to Evansville, Ind. Note: If a hear­ Dakota, South Dakota, Minnesota, Iowa, No. MC 128806 (Sub-No. 2) (Amend­ ing is deemed necessary, applicant re­ Illinois, Wisconsin, Arkansas, Kansas, ment), filed May 10, 1967, published in quests it be held at Evansville, Ind., or Oklahoma, and Missouri. N o te : Appli­ the F ederal R egister issue of May 25, Louisville, Ky. cant states no duplicating authority 1967, amended June 23, 1967, and repub­ No. MC 126930 (Sub-No. 2), filed July sought. If a hearing is deemed necessary, lished as amended this issue. Applicant: 16, 1967. Applicant: BRAZOS TRANS­ applicant requests it be held at Kansas NUNES TRUCKING CO., INC., 114 Lib­ PORT CO., a corporation, East Highway City, Mo. erty Street, Barrington, 111. Applicant’s 80, Post Office Drawer 2679, Abilene, No. MC 128273 (Sub-No. 12) filed representative: Albert A. Andrin, 29 Tex. 79604. Applicant’s representative: July 26, 1967. Applicant: MIDWESTERN South La Salle Street, Chicago, 111. Au­ Jerry Prestridge, Post Office Box 1148, EXPRESS, INC., Box 189, Fort Scott, thority sought to operate as a common Austin, Tex. 78767. Authority sought to Kans. 66701. Applicant’s representative: carrier, by motor vehicle, over irregular operate as a common carrier, by motor John Jandera, 641 Harrison Street, To­ routes, transporting: Diammonium vehicle, over irregular routes, transport­ peka, .Kans. 66603. Authority sought to phosphate, in bulk, from the plantsites, ing : Gypsum products, gypsum, asbestos* operate as a common carrier, by motor warehouses, and facilities of The New cement products, building materials vehicle, over irregular routes, transport­ Jersey Zinc Co., located at or near Depue, (except lumber), roofing materials, and ing: Fertilizer and fertilizer materials, Colfax, and Riverdale, HI., and Des insulating materials, and materials and dry, in bulk and in packages, and insec­ Moines, Iowa, to points in Illinois, Iowa, supplies used in the installation of such ticides, fungicides, herbicides, in pack­ Wisconsin, Missouri, Minnesota, Ne­ commodities (except liquid commodities, ages, from the plantsite of Gulf Oil braska, Kansas, South Dakota, North in bulk, in tank vehicles), from Medicine Corp. (Faustina Works) at or near Dakota, Indiana, Ohio, and Michigan. Lodge, Kans., to points in Missouri and Donaldsonville, La., to points in Ala­ N o t e : The purpose of this republication returned shipments, on return. N o t e : bama, Arkansas, Mississippi, Missouri, is to broaden the origin point by adding Common control may be involved. If a Oklahoma, Tennessee, Texas, and Loui­ Colfax, HI., and to delete Dubuque, Iowa, hearing is deemed necessary, applicant siana. N o te : If a hearing is deemed as an origin point. If a hearing is deemed requests it be held atJWashington, D.C., necessary, applicant does not specify a necessary, applicant requests it be held at or Dallas, Tex. location. Chicago, 111., or New York, N.Y. No. MC 127478 (Sub-No. 1), filed July No. MC 128401 (Sub-No. 3) (Amend­ No. MC 128814 (Sub-No. 4) (Clarifica­ 25, 1967. Applicant: WILLIAM M. ment) , filed June 9, 1967, amended tion) , filed June 26, 1967, published F ed­ HAYES, doing business as HAYES July 11, ”1967, and republished as eral R egister issues of July 13, and July TRUCKING CO., Post Office-Box 31, amended this issue. Applicant: ROS- 27,1967, and republished as clarified, this Winterville, Ga. 30683. Applicant’s rep­ BOROUGH REFRIGERATED EXPRESS issue. Applicant: TRI-STATE MOTOR resentative: Ariel V. Conlin, Suite 626, COMPANY, INC., 345 Hartford Avenue, TRANSIT CO. (temporary operator of Fulton National Bank Building, Atlanta, North Bellingham, Mass. 02057. Appli­ H. Messick, Inc.), a corporation, Post Ga. 30303. Authority sought to operate as cant’s representative: F. T. 0 !Sullivan, Office Box 113, Joplin, Mo. 64802. Appli­ a common carrier, by motor vehicle, over 372 Granite Avenue, Milton, Mass. 02186. cant’s representative: Max G. Morgan, irregular routes, transporting: Beer, Authority sought to operate as a common 450 American National Building, Okla­ from Milwaukee, Wis., Fort Wayne, Ind., carrier, by motor vehicle, over irregular homa City, Okla. 73102. Authority sought St. Joseph, Mo., and Peoria, 111., to Ashe­ routes transporting: (1) Frozen prepared to operate as a contract carrier, by motor ville, N.C. N o t e : If a hearing is deemed foods, and (2) commodities, the trans­ vehicle, over irregular routes, transport­ necessary, applicant requests it be held portation of which is ^partially exempt ing: Explosives, blasting agents and sup­ at Washington, D.C., or Atlanta, Ga. under the provisions of sections 203(b) plies, between Hampton and St. Paul, No. MC 128205 (Sub-No. 4) (Amend­ (6) of the Interstate Commerce Act if Minn., and points within 5 miles thereof, ment), filed May 10, 1967, published transported in vehicles not used in carry­ on the one hand, and, on the other, F ederal R egister issue of May 25, 1967, ing any other property, when moving in points in Minnesota, Iowa, Wisconsin, amended and republished as amended the same vehicle at the same time with North Dakota, South Dakota, and the this issue. Applicant: BULKMATIC frozen prepared foods, from points in Northern Peninsula of Michigan under TRANSPORT COMPANY, a corporation, Bristol, Essex, Middlesex, Norfolk, Suf­ contract with Hercules, Inc. N o te : Ap­ 4141 West George Street, Schiller Park, folk, and Worcester Counties, Mass., to plicant holds common carrier authority HI. Applicant’s representative: Irving points in New York, on and west of U.S. under MC 109397 and subs thereunder, Stillerman, 29 South La Salle Street, Highway 9, on and north of U.S. High­ therefore dual operations may be in­ Chicago, 111. 60603. Authority sought to way 6^J from junction U.S. Highway 6 volved. The purpose of this republication operate as a common carrier, by motor and U.S. Highway 9 to the interchange is to show that applicant, pursuant to vehicle, over irregular routes, trans­ of U.S. Highway 6 with New York High­ MC-F-9594, may temporarily operate H- porting : Diammonium phosphate, in way 17 at Goshen, N.Y., and on and Messick, Inc. If a hearing is deemed bulk, from- the plantsites, warehouses, north of New York Highway 17 from the necessary, applicant requests it be held and facilities of The New Jersey Zinc Co., interchange of New York Highway 17 at Chicago, 111., or Minneapolis, Minn. located at or near Depue, Colfax, and with U.S. Highway 6 at Goshen to the Riverdale, 111., and Des Moines, Iowa, to interchange of New York Highway 17 No. MC 128951 (Sub-No. 3), filed points in Illinois, Iowa, Wisconsin, Mis­ with Interstate Highway 90 at Westfield, July 24, 1967. Applicant: ROBERT

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11599 DITTRICH, doing business as BOB ating under the exemption provisions of DITTRICH TRUCKING, 312 North Gar­ Highway 36, and empty containers on section 402(b) (2) having an immediately return. N o t e : If a hearing is deemed den, New Ulm, Minn. 56073. Applicant’s prior or subsequent out-of-State line- necessary, applicant requests it be held representative: C. Allen Dosland, State haul movement by rail, motor, water, or at Madison or Milwaukee, Wis., or and Center Streets, New Ulm, Minn. air. N o t e : If a hearing is deemed neces­ Chicago, 111. 56073. Authority sought to operate as a sary, applicant requests it be held at common carrier, by motor vehicle, over Charlotte or Raleigh, N.C. No. MC 129278, filed July 27, 1967. irregular routes, transporting: Refrigera­ No. MC 129067 (Amendment), filed Applicant: MATTINGLY MOVING & tor gaskets and related items, from New STORAGE CO., INC., 2625 Magazine May 5, 1967, published in F ederal R egis­ Street, Louisville, Ky. 40211. Applicant’s Ulm, Minn., to Amana, Iowa. N o t e : If a ter issue of May 18, 1967, and repub­ hearing is deemed necessary, applicant lished as amended, this issue. Applicant: representative: Paul F. Sullivan, Suite requests it be held at New Ulm or Man­ ILLINOIS VALLEY CARTAGE, INC., 913, Colorado Building, 1341 G Street kato, Minn. Box 45, Peru, 111. Applicant’s representa­ NW., Washington, D.C. Authority sought No. MC 128979 (Sub-No. 1), filed tive: Robert H. Levy, 29 South La Salle to operate as a common carrier, by motor July 28, 1967. A p p lican t: SMITH Street, Chicago, 111. Authority sought to vehicle, over irregular routes, transport­ TRANSFER, INC., 1024 East Pike Street, operate as a common carrier, by motor ing: Household goods, as defined by the Seattle, Wash. 98122. Applicant’s repre­ vehicle, over irregular routes, transport­ Commission, restricted to shipments sentative: E. L. Hahn (same address as ing: Diammonium phosphate, in bulk, moving in containers and having an im­ applicant!. Authority sought to operate from the plantsites, warehouses, and mediately prior or subsequent movement as a common carrier, by motor vehicle, facilities of the New Jersey Zinc Co., lo­ by rail, motor, water, or air and moving over irregular routes, transporting: cated At or near Depue, Colfax, and on through bills of lading of forwarders, Household goods, as defined by the Com­ Riverdale, HI., and Des Moines and operating under the section 402(b) (2) mission, between points in King, Kitsap, Dubuque, Iowa, to points in Hlinois, In­ exemption, between points in Jefferson, Island, Pierce, Thurston, Mason, and diana, Iowa, Kansas, Michigan, Minne­ Hardin, Oldham, Carroll, Meade, Bullit, Snohomish Counties, Wash., restricted to sota, Missouri, Nebraska, North Dakota, Shelby, Nelson, Anderson, Henry, and shipments having a prior or subsequent Franklin Counties, Ky.; and points in Ohio, South Dakota, and Wisconsin. Harrison, Floyd, Crawford, Clark, and out-of-State movement. N o te : If a hear­ N ote : The purpose of this republication ing is deemed necessary, applicant re­ is to broaden the origin point by adding Scott Counties, Ind. N o t e : If a hearing quests it be held at Seattle, Wash. Colfax, HI. If a hearing is deemed neces­ is deemed necessary, applicant requests it be held at Washington, D.C., or Louis­ No. MC 129020 (Amendment), filed sary, applicant requests it be held at ville, Ky. April 13, 1967, published F ederal R egis­ Chicago, ni. No. MC 129283, filed July 26, 1967. ter issue April 27, 1967, and republished No. MC 129164 (Sub-No. 1), filed [ as amended, this issue. Applicant: JOHN July 17, 1967. Applicant: MEMPHIS- Applicant: RAY THOMPSON MOVING I ALBERT RAVEN, doing business as ALABAMA XPRESS, INC., 4926 Still- & STORAGE, INC., Post Office Box 1.064, | AMERICAN MOTOR SERVICE, 5819 wood Drive, Nashville, Tenn. 37220. Ap­ Power Street, Clarksville, Tenn. 37040. | West 109th Street, Chicago Ridge, 111. plicant’s representative: Clarence Evans, Applicant’s representative: Paul F. Sulli­ | 60415. Applicant's representative: Albert 710 Third National Bank Building, Nash­ van, Suite 913, Colorado Building, 1341 A. Andrin, 29 South La Salle Street, ville, Tenn. 37219. Authority sought to G Street NW., Washington, D.C. Au­ I Chicago, HI. 60603. Authority sought tq operate as a common carrier, by motor thority sought to operate as a common | operate as a common carrier, by motor vehicle, over regular routes, transport­ carrier, by motor vehicle, over irregular ! vehicle, over irregular routes, transport­ ing: General commodities (except those routes, transporting: Household goods, ing: Diammonium phosphate, in bulk, of unusual value, classes A and B explo­ as defined by the Commission, between : fr“0® the plantsites, warehouses, and sives, household goods as defined by the points in Montgomery and Stewart facilities of the New Jersey Zinc Co., Commission, commodities in bulk, com­ Counties, Tenn., and Christian County, located at or near Depue, Colfax, and modities requiring equipment, and those Ky., restricted to shipments moving in Riverdale, 111., and Des Moines, Iowa, to injurious or contaminating to other containers and having an immediately points in Illinois, Iowa, Wisconsin, Mis- lading), (1) between Memphis, Tenn., prior or subsequent movement by rail, ®>uri, Minnesota, Nebraska, Kansas, and Florence, Ala., (a) over U.S. High­ motor, water, -or air and moving on way 72, serving no intermediate points, through bills of lading of forwarders, South Dakota, North Dakota, Indiana, operating under the section 402(b)(2) Ohio, and Michigan. N ote : The purpose but serving points within 10 miles of of this republication is to add the words Memphis and Florence as off-route exemption. N o te ; If a hearing is deemed in bulk”, to the commodity description, points, and (b) from Memphis, over U.S. necessary, applicant requests it be held and to add Colfax, 111., to the origin point Highway 64 to Savannah, Tenn., thence at Washington, D.C., or Memphis, Tenn. and delete Dubuque, Iowa, from the over Tennessee Highway 69 to the Ten- No. MC 129285, filed July 26, 1967. °ngin point. If a hearing is deemed nec­ nessee-Alabama State line, thence over Applicant: DON CUIN AND L. B. CUIN, essary, applicant requests it be held at Alabama Highway 20 to Florence; and a partnership, doing business as RED Chicago, ill., or New York, N.Y. return over the same routes serving no DESERT SERVICE, Post Office Box 72, No. MC 129028 (Sub-No. 1), filed July intermediate points, but serving points Wamsutter, Wyo. 82336. Applicant’s rep­ ^0,1967. Applicant: BAUCOM’S TRANS­ within N) miles of Memphis, Tenn., and resentative: Ward A. White, Post Office Florence, Sheffield, Tuscumbia, and Mus­ Box 568, Cheyenne, Wyo. 82001. Authority FER & STORAGE CO., INC., 2529 North sought to operate as a common carrier, iryon Street, Charlotte, N.C. 28206. Au- cle Shoals, Ala., as off-route points, and by motor vehicle, over irregular routes, ority sought to operate as a common serving Russellville, Ala., as an off-route transporting: Wrecked and disabled arner, by motor vehicle, over irregular point. N o t e : If a hearing is deemed nec­ motor vehicles and trailers, and replace­ n!wfS’ transPorting: Used household essary, applicant requests it be held at poods, between points in Alamance, Alex­ Memphis, Tenn., or Florence, Ala. ment motor vehicles for wrecked or dis­ ander An^n, Burke, Cabarrus, Caldwell, No. MC 129225 (Sub-No. 1), filed abled motor vehicles, by towing and y-atawba, Chatham, Cleveland, Cumber- July 24, 1967. Applicant: JEROME J. truckaway method, between points in nd, Davidson, Davie, Durham, Forsyth, MARTIN, Sullivan, Wis. 25930. Appli­ Wyoming, on the one hand, and, on the «■aston, Guilford, Hoke, Iredell, Lee, Lin- cant’s representative: Nancy J. Johnson, other, points in Colorado and Utah. No t e : If a hearing is deemed necessary, m, Mecklenburg, Montgomery, Moore, 111 South Fairchild Street, Madison, applicant requests it be held at Chey­ Randolph, Richmond, Rowan, Wis. 53703. Authority sought to operate enne, Wyo. nrJ ixrf?r<*’ Scotland, Stanly, Union, as a common carrier, by motor vehicle, pha , a^e Counties, N.C., and points in over irregular routes, transporting: Dairy M otor Carriers of Passengers erokee, Chester, Fairfield, Greenville, products as described in section B of ap­ No. MC 228 (Sub-No. 60), filed July f a s t e r , Lexington, Richland, Spar- pendix I to the report in Descriptions in 26, 1967. Applicant: HUDSON TRANSIT r S 11?' Union> and York Counties, S.C., Motor Carrier Certificates, 61 M.C.C. LINES, INC., 17 Franklin Turnpike, m J?ct®d to the transportation of ship- 209, ice cream and fruit juices, from Mahwah, N.J. 07430. Applicant’s repre­ hni ft ^1) moving on the through Whitewater, Wis., to points in Iowa and sentative: John R. Sims, Jr., 1700 Penn­ oi lading of a freight forwarder oper­ points in Illinois on and north of U.S. sylvania Avenue NW., Washington,

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 No. 154- -12 11600 NOTICES D.C. 20006. Authority sought to operate applicant requests it be held at New Freight Bureau, agent (No. B-9003), for as a common carrier, by motor vehicle, Haven, Conn., or Washington, D.C. interested rail carriers. Rates on cement over regular routes, transporting: Pas­ and related articles, in carloads, from Applications in W hich Handling W ith­ Dewey and Tulsa, Okla., to points in sengers, their baggage, newspapers and out Oral Hearing Have B een R equested express in the same vehicle with pas­ Nebraska and Wyoming. sengers, (1), between junction U.S. High­ No. MC 59617 (Sub-No. 3), filed July Grounds for relief—Market competi­ way 209 and U.S. Highway 44 and junc­ 24, 1967. Applicant: WARE’S VAN & tion. tion Interstate Highway 87 and New STORAGE CO., INC., 810 Chestnut Tariff—Supplement 91 to Southwest­ York Highway 17K (Interchange 17), Street, Vineland, N.J. Applicant’s rep­ ern Freight Bureau, agent, tariff ICC from junction U.S. Highway 209 and resentative: Leonard A. Jaskiewicz, 1155 4587. U.S. Highway 44 at or near Kerhonkson, 15th Street NW., Washington, D.C. Au­ FSA No. 41089—Sulphur from Fort N.Y., over U.S. Highway 44 to junction. thority sought to operate as a common Stockton, Tex. Filed by Southwestern New York Highway 299, thence over carrier, by motor vehicle, over irregular Freight Bureau, agent (No. B-9004), for New York Highway 299 to junction Inter­ routes, transporting: (1) Used household interested rail carriers. Rates on sulphur, goods as defined by the Commission and crude, unground and unrefined, in state Highway 87, at Interchange 18, carloads, from Fort Stockton, Tex., to near New Paltz, N.Y., thence over Inter­ (2) furniture in containers, (a) between Vineland, N.J., an

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 NOTICES 11601 must be specified in their petitions with points in Edgar County, 111. W. L. Jor­ as S. P. Rutherford Transfer and Storage, particularity. dan, 201 Merchants Saving Building, 7 1034 Fifth Street, Bristol, Tenn. 37621, No. MC-FC-69584. By order of July South Sixth Street, Terre Haute, Ind. of certificate in No. MC-94190, issued 31, 1967, the Transfer Board, approved 47801; representative for applicants. August 27, 1941, to C. R. Phillips, 1605 the transfer to Southard Trucking Co., No. MC-FC-69739. By order of July 31, Edgemont Avenue, Bristol, Tenn. 37622, lnc. , Clinton, Ind., of Certificate No. 1967, the Transfer Board approved the authorizing the transportation of: Lum­ MC-114293, issued April 30, 1959, to transfer to Modern Trucking Corp.; ber, building materials, and supplies, Isaac F. Dunn, doing business as Ike Bethel, Pa., of permit in No. MC-127837, contractors equipment, heavy machinery, Dunn, Chrisman, HI., and authorizing issued October 20,1966, to Ray A. Ritchie, crushed stone, sand and gravel, and the transportation of: Agricultural im­ Bethel, Pa., authorizing the transporta­ nursery stock, between points in Ten­ plements, from La Porte, Ind., to points tion of: Concrete, cinder, and slag prod­ nessee and Virginia within 150 miles of in Edgtar County, 111., agricultural lime­ ucts, and clay tile from points in Bethel Bristol, Tenn., including Bristol. stone, from points in Putnam County, Township, Pa., to points in Delaware, No. MC-FC-69780. By order of July 31, lnd. , to points in Edgar County, HI.; Kentucky, Maryland, New Jersey, New 1967, the Transfer Board approved the cinders, from Terre Haute, Ind., to points York, North Carolina, Ohio, Tennessee, transfer to Arthur W. 'Watson, doing in Edgar County, HI.; brick and clay Virginia, West Virginia, and the District business as Watson’s Express, Wellesley products, from Brazil and Putnamville, of Columbia; Materials used in the pro­ Hill, Mass., of the certificate in No. Ind., to points in Edgar County, HI.; and duction and distribution of' concrete, MC-30800, issued December 19, 1940, to coal, from points in Clay, Vermillion and cinder and slag products, from points in Charles Edgar Holmes, doing business as Vigo Counties, Ind., to points in Edgar Delaware, Kentucky, Maryland, New Warren’s Express, Wellesley Hills, Mass., County, HI.; grain, from Montezuma, York, North Carolina, Tennessee, Vir­ authorizing the transportation of: Gen­ West Union, Hillsdale, and Dana, Ind., ginia, West Virginia, the District of eral commodities, excluding household to Paris, 111.; gravel, from Montezuma, Columbia, and parts of New Jersey, and goods, commodities in bulk, and other Ind., to points in Edgar County, 111.; Ohio, to points in Bethel Township, Pa., specified commodities, over specified reg­ limestone, gravel, sand, rock, dirt, and clay tile, from points in Ohio to points in ular routes, between Wellesley, Mass., coal, from points in Montgomery, Parke, Bethel Township, Pa., and, concrete, and Boston, Mass. George C. O’Brien, 33 Fountain, Putnam, Vigo, and Clay Coun­ cinder and slag products from a specified Broad Street, Boston, Mass. 02109 ties, Ind., to points in Vermilion, Cham­ part of New Jersey to points in Bethel and Charles J. Kickham, Jr., 31 Milk paign, Douglas, Edgar, Clark, Cumber­ Township, Pa. John M. Musselman, 400 Street, Boston, Mass. 02109, attorneys for land, and Coles Counties, HI.; livestock, North Third Street, Harrisburg, Pa. applicants. from points in Edgar County, 111., to In­ dianapolis, Ind.; stock feed, from In­ 17108, attorney for applicants. [seal] H. N eil Garson, dianapolis, Ind., to points in Edgar Coun­ No. MC-FC-69741. By order of July 31, Secretary. ty, 111., and sand and gravel, from points 1967, the Transfer Board approved the [F.R. Doc. 67-9393; Filed, Aug. 9, 1967; in Vigo and Vermillion Counties, Ind., to transfer to Edith R. Allen, doing business 8:50 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 154— THURSDAY, AUGUST 10, 1967 11602 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— AUGUST

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 August. Page 3 CFR Page 8 CFR Page 17 CFR Proposed R ules: P roclamations : 211______- ___ H516 212______H516 274 ___ 11286 3797 ______— H259 214______. ______H517 275 ___ 11288 3798 ______——------H373 231-__ — ____ ------11517 279______11288 Executive Orders: 241— ______H517 11327 (superseded in part by 282______11518 18 CFR EO 11366)______— — H411 292______P roposed 11517 R ules: 11365 ______— H299 ill ______—------11518 11366 ______, ______114H 601______11330 4 CFR 9 CFR 21 CFR 72_ ___ — _____ — 11518 11521 20_„— 11313 19 76— 1—______27 11376______- ___ 11263 5 CFR 310______-______11135 120— ______11157, 11263, 11321 213______11313, 11375, 11515 P roposed R ules: 121- — — ______11157, 11432, 11521 201______— ______11334 141______11210, 11522 1001------11113 318__ 11385 141a— ____ -______11210 7 CFR x 328______- ______— - 11236 145 ______¿______11523 52______11467 147— — I ______— ______11523 148z______- ______11523 601______11515 10 CFR 191______11322,11323 701_____ — 11117, 11261 2 11379 724 __rrzr______- ______11203 ______11379 Proposed R ules: 725 ______—— H413 17 11576 7Q2 ______11515 P roposed Rules 121—______—___ 11334, 11443 793______— H515 50______— — ...... - H278 893______—______H467 115— ______H278 22 CFR 908 ______H203, 11375, 11467 201. 11264 910______& ___ „ 11375, 11413 12 CFR 502. 11157 917______11516 1 — ______11379 925______11413 19*...... ______11136 24 CFR 958______11203, 11261 11157 993 ______11313 208— — _____ - ______11208, 11262 7______11468 looilllllllllll ...... 11204, 11414 263—___ ——______11140 200 ______1012______11206 308------11147 201 _- _____ 11328 207— ______11526 1013______*— ______— 11414 P roposed R ules: 11526 1050______11207 220— ___ ;______11237 221______231______11526 1068 ______- ______11415 11526 1073______•______11130 13 CFR 1100______— 1090______11130 1101______11131 121...... 11208 26 CFR 1103______11132 1_____ — 11468 1106______1H 34 14 CFR 11210 1126______- ______1H 34 211______3 9 ___ 11154, 11209, 11314, 11380, 11381 P roposed R ules: 1128__ h ______11134 71______11154-11156, 1138____:______H135 1...... — 11217, 11533 1421______------H376 11314,11381,11429,11519-11521 1464______11416 73 11381, 11521 95— 11429 28 CFR 1488______11416 ______11160 1823______11417, 11425 97—1—I______11315 0 1891______—— H417 208______— 11156 2 1 4 -______H I56 P roposed R ules: 29 CFR 295______11156 11433 27 - ______11278 1209______¿sE------i- 11209 462_____ 81______11279 1240______11262 722 ______11475 724 ______r ______11225 P roposed R ules : 31 CFR 39 _____ 11166, 11335, 11336 P roposed R ules: 777______- ______H533 11216 919______11535 61— 1______- ...... 11573 306______921 ______— H333 71 ______11167 922 ______11333 11168, 11282, 11385, 11477 32 CFR 923 ______11333 11574-11576. 11382 Subchapter E. 11160 924 ______11475 75 „ 11336 280______958______- _____ - ______11475 121—7—...... 11160. 11477 11265 518_____ 11469 980______11281 202 ______11170 536______981______11476 203 ______11170 11265 730______11324 987______1H64 216— ______11480 1260—______989______—— 11226 217______- ______11337 993______11233, 11476 375______11480 32A CFR 1004______^______11334 389______11278 11382 1034______11535 OI Reg. 1_____ — 1073 11233, 11566 16 CFR P roposed R ules: 1125______— 11476, 11567 _ 11225 1133______11476 13—_____ 11432, 11467 OIA (Ch. X) FEDERAL REGISTER 11603

33 CFR Page 41 CFR—Continued Paße 47 CFR—Continued page 1—L ------11210 11-3------H470 Proposed R ules: 101-26------1H62 73------11283, 11285, 11338 38 CFR 14------1116243 CFR 49 CFR 17------11382P roposed R ules: 4120------.------11192 1_------11276 39 CFR 3------11472 5------•_ 11473 142------45 11328 CFR 100------11214 541------;__ 11527 121------11434 195------_------11277 822------:______11384 801------H440 P roposed Rules: 1100------a ______11215 239------11477-11480 41 CFR 46 CFR 276------i,'______11170 5A-1_------11384 308------i,------11527 5A-3------___------11384 50 CFR 5A-16------_____— ______11384 47 CFR 10------11163 5A-73------L -r.__ 11384 0— 1------T_------11213 32 ------11163, 9-1------11328, 11433 1------11214 11276, 11440, 11441, 11473, 11474, 17------11266 11528-11531. 9-8__------__;------H328 64------11274 33 ------— ------11531 9-15______H328 73------11214, 11471, 11472, 11531 Proposed R ules: 9-58------H328 87__ 11275 32------11224

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS • Messages to the Congress • Public speeches and letters • The President's news conferences public Papers of the presidents • Radio and television reports to OF the united states the American people Lyndon B. Johnson • Remarks to informal groups

Containiug the Public Messages, Speeches, and PUBLISHED BY Statements of the President 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

PRIOR VOLUMES

Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson-1965 year of President Johnson are available at comparable prices from the Superintendent of Docu­ Book I (January 1-May 31, 1965) ™,CE ment^, U.S. Government Printing Book II (June 1-December 31, 1965) $6*25 Office, Washington, D.C. 20402. V ' EACH