FEDERAL REGISTER VOLUME 31 • NUMBER 178

Wednesday, September 14,1966 • Washington, D.C. Pages 11999-12046

Agencies in this issne— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Defense Department Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interstate Commerce Commission Maritime Administration National Bureau of Standards National Park Service Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1966]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains over 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

Price: 40 cents

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FERERAL®REGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 V 1934 Phone 963-3261 'O/iiTtD* Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (40 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the-Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of F ederal R egulations. Contents THE PRESIDENT CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE SERVICE Rules and Regulations PROCLAMATION Rules and Regulations Montezuma National Wildlife Ref­ Implementing agreement con­ Grapefruit;'import regulations— 12012 uge, New York; hunting______12021 cerning automotive products Handling limitations: between United States and Lemons grown in California FOOD AND DRUG Canada------12003 and Arizona______12012 ADMINISTRATION Valencia oranges grown in Ari­ Rules and Regulations EXECUTIVE ORDER zona and designated part of Amending Executive Order NO. California______— 12012 Administrative functions, prac­ 11175 relating to the exclusion Milk in Des Moines, Iowa market­ tices, and procedures; color for original or new Canadian ing area; handling______12013 additives; miscellaneous amend­ issues where required for inter­ ments ______— 12018 national monetary stability.— 12005 Proposed Rule Making Frozen concentrate for artificially Authorizing the Secretary of Milk in n o r t h e r n Louisiana sweetened lemonade; definition Army and Governor of the marketing area______12023 and standard of identity______12019 Canal Zone, respectively, to Frozen concentrate for lemonade perform certain functions relat­ DEFENSE DEPARTMENT and for colored lemonade; con­ ing tlf~the Panama Canal and firmation of effective date of or­ the Canal Zone------12007 Rules and Regulations der amending identity stand­ Defense contract financing regu­ ards ______12020 lations; miscellaneous amend­ ments______12020 Notices EXECUTIVE AGENCIES Petitions filed regarding food ad­ FEDERAL MARITIME ditives : AGRICULTURAL RESEARCH American Cyanamid Co______12027 COMMISSION Pfizer, Chas., & Co., Inc______12027 SERVICE Rules and Regulations Pillsbury Co______12028 Rules and Regulations Oceangoing common Carriers and Temporary permits for market persons shipping for own ac­ testing; deviation from iden­ Pink boll worm; extension of count; correction.______12022 tity standard: quarantine______.— — 12023 Enriched bread______12028 Notices Flout ______12028 AGRICULTURAL STABILIZATION American Mail Line and Rederiak- tiebolaget Nordstjernan (John­ HEALTH, EDUCATION, AND AND CONSERVATION SERVICE son Line) ; agreement filed for WELFARE DEPARTMENT Rules and Regulations approval.______12028 American President Lines, et al.; See Food and Drug Administra­ Holding of referenda on market­ vacation of order to cancel pas­ tion. ing q u o t a s ; miscellaneous senger agency agreements------12028 amendments ______12011 INTERIOR DEPARTMENT FEDERAL POWER COMMISSION See Fish and Wildlife Service; Na­ AGRICULTURE DEPARTMENT Rules and Regulations tional Park Service. See Agricultural Research Service; Pipeline accidents and failures; INTERSTATE COMMERCE Agricultural Stabilization and reporting______12015 Conservation Service; Con­ COMMISSION sumer and Marketing Service. Notices Notices Hearing's, etc.: El Paso Natural Gas Co______12029 Fourth section application for re­ ATOMIC ENERGY COMMISSION Featherstone, Olen et al______12029 lief ______12032 Michigan Wisconsin Pipe Line Motor carrier: Rules and Regulations Co______12030 Alternate route deviation no­ Miscellaneous amendments to Mississippi River Transmission tices ______12032 chapter______12021 Corp______12030 Applications and certain other Northern Natural Gas Co_____ 12030 proceedings (2 documents)_ 12032, Proposed Rule Making 12037 United Gas Pipe Line Co____ _ 12031 Broker, water carrier and Marine navigational instruments; FEDERAL TRADE COMMISSION freight forwarder applica­ proposed exemption of tritium^ 12023 tions ______12039 Rules and Regulations Intrastate applications______12042 CIVIL AERONAUTICS BOARD Administrative opinions and rul- Temporary authority applica­ tions ______12043 Notices x ings: Proportionalized equal treat­ Transfer proceedings______12044 Port Colbome Plying Service; no­ ment for competing customers tice of hearing on application under three-way promotional MARITIME ADMINISTRATION for foreign air carrier permit. 12028 program involving receipts for Notices free distribution______12015 United States Lines Co.; applica­ COMMERCE DEPARTMENT Three-way promotional plan set tion for approval of certain up by radio station and fi­ cruises______.______12027 See Maritime Administration; Na­ nanced by participating re­ tional Bureau of Standards. tailers and their suppliers 12014 (Continued on next page) 12001 12002 CONTENTS

NATIONAL BUREAU OF SECURITIES AND EXCHANGE STANDARDS COMMISSION Notices Notices Certain simplified practice recom­ Hearings, etc.: mendations a n d commercial Continental Vending Machine standards; notice of action on Corp______12031 proposed withdrawal ______12027 New England Electric System 12031

NATIONAL PARK SERVICE SMALL BUSINESS Notices ADMINISTRATION Administrative Assistant, Capital Proposed Rule Making Reef National Monument; dele­ S m all business manufacturer; gation of authority______12027 definition______12024

List of CFR Parts Affected (Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

3 CFR 7 CFR 21 CFR

P roclamations : 717- 12011 2—______12018 908- 12012 8______12018 3682 (see Proc. 3743)____ 12003 910- 12012 27 (2 documents)______12019,12020 3743______12003 944_ 12012 1079 12013 32 CFR Executive Orders : P roposed R ule Making: 163______12020 7676 (superseded in part by EO 301 ______...... 12023 11305)______12007 1096 ______12023 41 CFR 9-7______12021 8962 (superseded by EO 11305)__ 12007 10 CFR 9746 (superseded by EO 11305)__ 12007 9—12 12021 P roposed R ules: 9-16______12021 10595 (superseded by ÊO 11305)_ 12007 30______12023 11175 (amended by EO 11304)__ 12005 46 CFR 11198 (superseded in part by EO 13 CFR 510—______12022 11304)______12005 P roposed R ules: 11304______12005 121______12024 50 CFR 11305 12007 1 6 CFR 32 12021 15 (Z documents)______! 12014,12Ó15 18 CFR 260_____ 12015 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3743 FURTHER IMPLEMENTING AGREEMENT CONCERNING AUTOMOTIVE PRODUCTS BETWEEN THE UNITED STATES AND CANADA By the President of the United States of America A Proclamation WHEREAS the United States and Canada on January 16, 1965, entered into an Agreement Concerning Automotive Products, which provides that Canada shall accord duty-free treatment to imports of certain automotive products of the United States and that, after en­ actment of implementing legislation, the United States shall accord duty-free treatment to certain automotive products of Canada retro­ actively to the earliest date administratively possible following the date on which the agreement has been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537,38) ; WHEREAS the agreement of January 16, 1965, was implemented by Canada through the granting of the requisite duty-free treatment to United States products on January 18,1965 ; WHEREAS titles II and IV of the Automotive Products Trade Act of 1965 have been enacted to provide for modifications of the Tariff Schedules of the United States (19 U.S.C. 1202) to implement the agreement of January 16, 1965, such modifications to enter into force in the manner proclaimed by the President (79 Stat. 1016) ; WHEREAS sections 201 and 203 of the Automotive Products Trade Act of 1965 authorize the President to proclaim such modifica­ tions of the Tariff Schedules of the United States as will provide for the duty-free treatment of Canadian articles which are original motors vehicle equipment either if the modifications of such articles are set forth in title IV of that Act or if the President subsequently deter­ mines that the importation of the articles is actually or potentially of commercial significance and that such duty-free treatment is re­ quired by the agreement, such proclamation to provide for retroactive effect for such duty-free treatment as of the earliest date after January 17, 1965, which the President determines to be practicable; W H ER EA S, by Proclamation No. 3682 of October 21,1965 (30 F.R. 13683), the President pursuant to sections 201 and 203 proclaimed the modifications of the Tariff Schedules of the United States provided for in title IV of the Automotive Products Trade Act of 1965 ; and WHEREAS I determine (a) under subsection (b.) of section 201 that the importation of the Canadian articles which are original motor- vehicle equipment and which are dutiable under TSUS items 688.04, 688.06, and 688.15 is actually or potentially of commercial significance and that duty-free treatment of such Canadian articles is required to carry out the agreement of January 16,1965, and (b) under section 203 that the earliest date, after Januaiy 17,1965, as of which it is practi­ cable to give retroactive effect to this proclamation is January 18,1965 :

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12004 THE PRESIDENT NOW, THEREFORE, I, LYNDON B. JOHNSON, under the au­ thority vested in me by the Constitution and the statutes, particularly sections 201(b) and 203 of the Automotive Products Trade Act of 1965, do proclaim that the Tariff Schedules of the United States are modified by inserting in proper numerical sequence new items 688.05,688.07, and 688.16, each sueh item having the article description “If Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) subordinate to the immediately preceding article description and having “Free” in rate of duty column numbered 1. Such modifications shall enter into force on the day following the date of this proclamation and shall be effective with respect to articles which are or nave been entered for consumption, or for warehouse, on or after January 18,1965. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this eighth day of September in the year of our Lord nineteen hundred and sixty-six, and of [ s e a l ] the Independence of the United States of America the one hundred and ninety-first. L yndon B. J ohnson By the President : George W . B all, Acting Secretary of State. , [F.R. Doc. 66-10086; Filed Sept. 12,1966; 2 :13 p.m.]

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 THE PRESIDENT 12005

Executive Order 11304 AMENDING EXECUTIVE ORDER NO. 11175 RELATING TO THE EX­ CLUSION FOR ORIGINAL OR NEW CANADIAN ISSUES WHERE REQUIRED FOR INTERNATIONAL MONETARY STABILITY WHEREAS I have determined that the exclusion from the interest equalization tax, to the extent provided in this order, is necessary to avoid such consequences for Canada as to imperil or threaten to imperil the stability of the international monetary system; NOW, THEREFORE, by virtue of the authority vested in me by section 4917 (a) of the Internal Revenue Code of 1954, as added by sec­ tion 2 of the Interest Equalization Tax Act, approved September 2, 1964 (Public Law 88-563), by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that Execu­ tive Order No. 11175,1 dated September 2, 1964, be, and it is hereby, amended to read as follows: S ection 1. Except as provided in section 2, the tax imposed by section 4911 of the Internal Revenue Code of 1954 shall not apply to the acqui­ sition by a United States person of stock or a debt obligation of Canada or a political subdivision thereof, any agency or instrumentality of Canada, any corporation, partnership, or trust organized under the laws of Canada or a political subdivision thereof, or any individual resident in Canada, if such stock or debt obligation is acquired as all or part of an original or new issue as to which there is filed the notice of acquisition prescribed by the Secretary of the Treasury or his delegate. S ec. 2. The exclusion from tax provided in section 1 shall not apply to the following: (a) Any acquisition of stock or a debt obligation of a company regis­ tered under the Investment Company Act of 1940 (54 Stat. 847; 15 U.S.C. 80a-l to 80a-52); and (b) Any acquisition of stock or a debt obligation of a Canadian corporation, partnership, or trust formed or availed of for the prin­ cipal purpose of acquiring stock or debt obligations of a Canadian or other foreign issuer or obligor, other than stock or debt obligations described in section 1 or in section 4916(a) of the Internal Revenue Code of 1954. Sec. 3. The provisions of sections 1 and 2 shall be applicable to any acquisition by a commercial bank of a debt obligation described in such sections, and section 3 of Executive Order No. 11198, dated February 10,1965, is hereby superseded. Sec. 4. The Secretary of the Treasury or Ips delegate is authorized to prescribe from time to time regulations, rulings, directions, and instructions to carry out the purpose of this order. Sec. 5. This order shall be effective upon its filing for publication in the F ederal R egister and shall apply to all acquisitions made during the period this order is in effect. L yndon B. J ohnson T he W hite H ouse, September 12,1966. [F.R. Doc. 66-10085; Filed, Sept. 12, 1966; 1:45 p.m.] 129 F.R. 12605 ; 3 CFR 1964^upp., p. 18.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 \ THE PRESIDENT 12007

Executive Order 11305 AUTHORIZING THE SECRETARY OF ARMY AND THE GOVERNOR OF THE CANAL ZONE, RESPECTIVELY, TO PERFORM CERTAIN FUNCTIONS RELATING TO THE PANAMA CANAL AND THE CANAL ZONE By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code and by the Canal Zone Code (76A Stat.), and as President of the United States, it is hereby ordered as follows : S ection 1. The following provisions of this section shall constitute Subpart A of Part 3 of Title 35 (Panama Canal) of the Code of Fed­ eral Regulations—§ 3.1 Delegations to Secretary of the Army. (a) The Secretary of the Army shall exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code : (1) 2 C.Z.C. 1331 (1), (2), and (3) (76A Stat. 46), relative to pre­ scribing and amending regulations governing (i) the navigation of the harbors and other waters of the Canal Zone, (ii) the passage and con­ trol of vessels through the Canal or any part thereof, including the locks and approaches thereto, and (iii) pilotage in the Canal or the approaches thereto through the adjacent waters. (2) 2 C.Z.C. 701 (76A Stat. 29), relative to prescribing and amend­ ing regulations governing aircraft, air navigation, air-navigation facil­ ities, and aeronautical activities within the Canal Zone. (3) 2 C.Z.C. 911 (76A Stat. 36), relative to prescribing and amend­ ing regulations governing matters of health, sanitation, and quarantine for the Canal Zone. (4) 2 C.Z.C. 1191 (76A Stat. 41), relative to prescribing and amend­ ing regulations governing the issuance and revocation of licenses to practice the healing art. ( 5 ) 2 C.Z.C. 1441 (76A Stat. 49), relative to prescribing and amend­ ing regulations for levying, assessing, and collecting ad valorem, excise, license, and franchise taxes in the Canal Zone. (6) 2 C.Z.C. 731 (76A Stat. 29), relative to prescribing and amend­ ing regulations relating to (i) the manufacture and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor, and (ii) the importation of alcoholic beverages into, and exportation thereof from, the Canal Zone. (b) The Secretary of the Army, after consultation with the Secre­ tary of State, shall exercise the powers vested in the President of the United States by 2 C.Z.C. 841 (76A Stat. 32), relative to making and amending regulations governing (1) the rights of persons to enter, remain upon or pass over any part of the Canal Zone, and (2) the detention of persons entering the Canal Zone in violation of the regu­ lations, and their return to the countries whence they came. (c) The Secretary of the Army may redelegate to the Governor of the Canal Zone (hereafter in this subpart referred to as “the Gov­ ernor”) all or any designated portion of the powers delegated to the Secretary of the Army by § 3.1 (a). § 3.2 Secretary of the Army as representative of President. (a) Pursuant to 2 C.Z.C. 31 and 62(b), respectively (76A Stat. 7 and 9), the Secretary of the Army is designated as the officer of the United States to supervise the administration of the Canal Zone Gov­ ernment by the Governor, and to act as “stockholder” of the Panama Canal Company. (b) In performing his functions under § 3.2(a), the Secretary of the Army shall act as the direct representative of the President of the United States, and not in his capacity as the head of the Department of the Army.

No. 178------2 FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12008 THE PRESIDENT § 3.3 Delegations to Governor. (a) The Governor shall.exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code: (1) 2 C.Z.C. 1001 (76A Stat. 37), relative to making, publishing, enforcing, and amending rules and regulations for the use of public highways and roads in the Canal Zone, for the regulation, licensing, and taxing of the use and operation of all self-propelled vehicles using the public highways and roads, and for the other matters referred to in 2 C.Z.C. 1001. (2) 2 C.Z.C. 1002 (76A Stat. 37), relative to making mutual agree­ ments with the Republic of Panama concerning (i) the reciprocal use of the public highways and roads of the Canal Zone and the Republic \ of Panama by self-propelled vehicles, (ii) taxes and license fees, and (iii) other matters of regulation to establish comity for the con­ venience of the residents of the two jurisdictions. (3) 2 C.Z.C. 1134 (76A Stat. 39), relative to establishing the rate of interest borne by postal savings certificates. (4) 2 C.Z.C. 1331(4) (76A Stat. 46), relative to prescribing and amending regulations governing the licensing of officers or other operators of vessels (including pilots of vessels and operators of motorboats) navigating the waters of the Canal Zone. (5) 3 C.Z.C. 82 (76A Stat. 541, relative to (i) the appointment and removal of magistrates, and (ii) the appointment of relief mag­ istrates and the assignment of a magistrate to another magistrate’s court in the circumstances specified in 3 C.Z.C. 82. (6) 3 C.Z.C. 86 (76A Stat. 55), relative to prescribing regulations governing the administration of magistrates’ courts and prescribing (i) the duties of magistrates and constables, (ii) oaths and bonds, (iii) the times and places of holding magistrates’ courts, and (iv) the disposition of fines, costs, and forfeitures. (7) 6 C.Z.C. 1281 (76A Stat. 455), relative to prescribing and amending rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof, for the purpose of enforcing 6 C.Z.C. 1281(a) declaring unlawful the engag­ ing in or permitting any indecent or immoral conduct. (b) The Governor’s authority to exercise the powers enumerated in § 3.3(a) is subject to (1) the provisions of 2 C.Z.C. 34 (76A Stat. 8), (2) the supervision of the Secretary of the Army, and (3), in the case of § 3.3 (a) (2), consultation with the ranking diplomatic officer of the United States accredited to the Republic of Panama. (c) His authority under 2 C.Z.C. 31 and 33 (76A Stat. 7) to estab­ lish, alter, or discontinue military and naval reservations shall be exercised by the Governor (1) only with the approval of the Secretary of the Army in all cases, and (2) also only after consultation with (i) the Secretary of the Navy in the case of Naval reservations and in the case of other reservations and bases concerning which the Department of the Navy may express an interest, (ii) the Secretary of the Air Force in the case of air-force bases and in the case of other reservations and bases concerning which the Department of the Air Force may express an interest, and (iii) both the Secretary of the Navy and the' Secretary of the Air Force when they both have an interest. § 3.4 Scope of delegated powers; duty of Government personnel; construction. (a) The Secretary of the Army may exercise the powers delegated or otherwise assigned to him by this subpart without approval, rati­ fication, or other action by the President.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 THE PRESIDENT 12009 (b) The Governor may exercise the powers delegated to him by § 3.3(a), and any powers redelegated to him under § 3.1(c), (i) with­ out approval, ratification, or other action by the President, and (ii), except to the extent inconsistent with § 3.3(b) (2) and except as the Secretary of the Army may otherwise provide in pursuance of § 3.1 (c), without approval, ratification, or other action by the Secretary of the Army. (c) All officers, officials, and employees of the United States, includ­ ing disbursing, accounting, and auditing officers, shall give the same effect to any acts of those authorized under this subpart to exercise powers as if exercised by the President. (d) This subpart does not limit or restrict the right of the Presi­ dent to exercise any power specified in this subpart. (e) Unless inappropriate, references in this subpart to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time. S ec. 2. All actions heretofore taken by the President or by his delegates in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations pre­ scribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order unless sooner terminated by operation of law. S ec. 3. (a) The following are hereby superseded: (1) Sections 9, 10, 11, 12, and 12a of Executive Order No. 7676 of July 26, 1937. (2) Executive Order No. 8962 of December 6, 1941. (3) Executive Order No. 9746 of July 1, 1946. (4) Executive Order No, 10595 of February 7, 1955. (b) All other Executive orders and proclamations issued prior to the date of this order which are inconsistent with this order, or any regulations issued pursuant thereto, are hereby superseded to the extent of such inconsistency. Sec. 4. This order shall take effect on the 90th day after its publi­ cation in the F ederal R egister. L yndon B. J ohnson T he W hite H ouse, September 12,1966. [F.R. Doc. 66-10092; Filed, Sept. 12, 1966 ; 3 : 24 p.m.] Note: A complete revision and recodification of the Canal Zone Regulations (35 CFR Ch. I) will be published in Part II of the F ederal Register of Friday, September 16,1966.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966

12011 Rules and Regulations

of commodities subject to marketing county office prior to the start of canvassing Title 7— AGRICULTURE quotas with respect to the 1967 and sub­ the ballots. However, no such ballot shall be counted unless the voter signs the certifi­ Chapter VI!— Agricultural Stabiliza­ sequent crops unless the Administrator determines prior to the holding of a cation or his mark is witnessed on the post­ tion and Conservation Service age-and-fees paid indicia envelope, and it referendum that such referendum will is determined that he is eligible to vote in the (Agricultural Adjustment), Depart­ be held by voting at polling places. If particular referendum. ment of Agriculture such determination is made, the referen­ Canvassing of returned ballots shall take dum shall be conducted by voting at poll­ place at the opening of the county office on SUBCHAPTER B— FARM MARKETING QUOTAS the fifth day following the close of the ref­ AND ACREAGE ALLOTMENTS ing places designated in accordance with § 717.4 and in accordance with the reg­ erendum period. Such canvassing shall be [Amdt. 10] in the presence of at least two members of ulations of this part which are appli­ the county referendum committee and open PART 717— HOLDING OF REFERENDA cable to holding referenda through the to the public. Ballots received after the ON MARKETING QUOTAS use of polling places. start of tabulation, even though contained (b) Procedure for balloting by mail: in envelopes that were postmarked prior to Subpart— Regulations Governing the Notwithstanding the provisions of midnight of the final day of the referendum Holding of Referenda on Marketing §§ 717.3, 717.4, 717.5, and 717.7 to 717.10, period, shall not be counted. To preserve Quotas the following provisions for voting in the secrecy of the ballot, such counting and referenda held by mail ballot shall apply. canvassing of ballots shall be in the follow­ Miscellaneous Amendments ing manner: The county committee shall establish a (1) Open sealed ballot box in the presence On pages 10,691 and 10,692 of the F ed­ register of known eligible producers prior to of public witnesses, if any. eral R egister of August 11, 1966, was the referendum and furnish each producer (2) Separate certification envelopes con­ published a notice of proposed rule mak­ who is eligible to vote in a particular referen­ taining plain envelopes with ballots (and ing to amend the regulations governing dum a ballot suitable for mailing back to determine eligibility to vote under these reg­ the holding of referenda on marketing the office of the county committee. If an ulations before opening) as follows: quotas and to prescribe procedures re­ eligible producer, of the particular com­ (i) Unopened certification en v elo p es lating thereto. Interested persons were modity is not furnished a ballot, he may ob­ which do not have proper signed certifica­ tain one during the referendum period from tion, (ii) Unopened certification envelopes given 15 days after publication of such the office of the county committee for the of ineligible voters, and (iii) Unopened cer­ notice in which to submit written com­ county in which he is eligible to vote or from tification envelopes of eligible voters. ments, suggestions, or objections regard­ any other ASCS office where ballots are avail­ (3) Remove sealed plain envelopes from ing the proposed amendment. All writ­ able, including the Farmer Programs Divi­ unopened certification envelopes of eligible ten comments, suggestions, and objec­ sion, ASCS, Department of Agriculture, voters ((2) (iii) above). tions received by the Farmer Programs Washington, D.C. (4) Shuffle unopened plain envelopes con­ Division pursuant to said notice have When a ballot is issued from an ASCS taining the ballots, and office other than the ASCS office in the (5) Open the plain envelopes and count been carefully considered. The pro­ county in which the producer is eligible to the votes. posed amendments are adopted subject vote in a particular referendum, the issuing to the following changes: office shall keep a register showing to whom (c) Special provisions: The provisions 1. The subtitle “Upland Cotton” is de­ it was issued, the person’s address, the of §§717.3, 717.4, 717.5, and 717.7 to leted. county and State in which the ballot is to 717.10 shall be applicable, insofar as 2. The period during which mailed be voted, and the name and title of the per­ practicable, except that: ballots must be received in order to be son who issued the ballot. (1) The Deputy Administrator shall Each person to whom a ballot is issued by prescribe the necessary forms and ballots counted is extended to the start of can­ mail or in person may vote in the referendum vassing the ballots, provided any such by marking the ballot so as to Indicate clearly to be used and may authorize modifica­ ballot is postmarked not later than mid­ how he votes, placing the ballot in a plain tion of any current marketing quota ref­ night of the finaHlay of the referendum envelope, sealing the plain envelope, insert­ erendum form for use in referenda by period. ing it in a postage-and-fees paid indicia mail ballot. 3. A time for canvassing ballots is envelope which shall be marked clearly with (2) The entire county shall be the established. the voter’s name and return address, signing referendum community for referenda 4. An effective date provision is added. the certification on such envelope or making hel(l by mail ballot. his mark thereto (which mark shall be wit­ (3) For referenda on upland cotton Effective date. Thirty (30) days after nessed), sealing the postage-and-fees paid indicia envelope, and delivering or mailing it allotment out-of-county transfers, the the date of publication in the F ederal voting eligibility requirements pertain­ Register. to the office of the county committee for the county in which he is eligible to vote. ing to upland cotton in § 717.3(a)(1) Signed at Washington, D.C., on Sep­ Notwithstanding the fact that a ballot(s) shall be applicable, except that a land­ tember 9, 1966. may be later challenged by the county com­ lord of a standing-rent, cash-rent, or H. D. G odfrey, mittee, ballots received at the ASCS county fixed-rent tenant shall be eligible to vote. Administrator, Agricultural Sta­ office during the referendum period shall be The limitation in § 717.3(b)(1) that a bilization and Conservation placed immediately in a ballot box provided person shall be entitled to only one vote Service. by the county office manager and so arranged regardless of the number of farms in that ballots cannot be read or moved with­ The amendments are adopted as fol­ out breaking the seal on the container. which the person is interested or the lows: Voted ballots received by the county com­ number of communities, counties, or 1. Section 717.17 of the regulations onmittee of the county in which the voter is States in which are located farms in marketing quotas governing county eligible to vote during the period established which such person is interested shall not referenda in 1965 for out-of-county for holding a particular referendum, shall be applicable and in lieu thereof the transfers of upland cotton allotments be tabulated by the county committee. A limitation on voting shall be as follows: ballot shall be considered to have been re­ r P-R. 6533) is repealed, and a new (i) No person shall be entitled to more § 717.17 is added to read as follows: ceived during the referendum period if (1) than one vote in any county referendum in the case of a ballot delivered to the county regardless of the number of farms in § ^7.17 ^ Holding referenda by mail bal­ committee, it was received in the office prior which the person is interested which are lot with respect to the 1967 and sub- to the close of the work day on the final day located in the county. sequent crops. of the referendum period, or (2) in the case of a mailed ballot, it was postmarked not (ii) An eligible voter shall be entitled (a) The provisions of this sectionlater than midnight of the final day of the to one vote in each county in which he is shall apply to all referenda of producers referendum period and was received in the eligible to vote in the county referendum.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12012 RULES AND REGULATIONS

§ 717.8 [Revoked] 11656) are hereby amended to read as (Secs. 1-49, 48 Stat. 31, as amended; 7 U.S.C. 601-674) 2. Section 717.18 of the regulationsfollows: governing the holding of county refer­ § 908.477 Valencia Orange Regulation Dated: September 9,1966. enda in 1966, 1967, and 1968 for out-of­ 177, P aul A. Nicholson, county transfers of upland cotton allot­ ***** Deputy Director, Fruit and Veg­ ments (31 P.R. 6533) is repealed. (b) Order. (1) * * * etable Division, Consumer and (Secs. 312, 317, 336, 343, 344a, 354, 358, 375, Marketing Service. 377, 52 Stat. 46, 55, 56, 61, 66, as amended, (ii) District 2: 425,000 cartons. [F.R. Doc. 66-10046; Filed, Sept. 13, 1966; 55 Stat. 88, 70 Stat. 206, as amended, 79 Stat. ***** 8:49 a.m.[ 66, secs. 106, 112, 70 Stat. 191, 195, 79 Stat. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. 1197; 7 U.S.C. 1312, 1314c, 1336, 1343, 1344a, 601-674) 1354, 1358, 1375, 1377, 1824, 1836) [Grapefruit Reg. 8; Grapefruit Reg. 7 Dated: September 9, 1966. [F.R. Doc. 66-10043; Filed, Sept. 13, 1966; Terminated] 8:48 a.m.] P aul A. N icholson, PART 944— FRUIT; IMPORT Deputy Director, Fruit and Vege­ table Division, Consumer and REGULATIONS Chapter IX— Consumer and Market­ Marketing Service. Grapefruit ing Service (Marketing Agreements [F.R. Doc. 66-10045; Filed, Sept. 13, 1966; § 944.104 Grapefruit Regulation 8. 8:48 a.m.[ and Orders; Fruits, Vegetables, (a) On and after 12:01 a.m„ e.s.t., Nuts), Department of Agriculture. September 19,1966, the importation into [Valencia Orange Reg. 177, Arndt. 1] [Lemon Reg. 230, Arndt. 1] the United States of any grapefruit is PART 910—LEMONS GROWN IN prohibited unless such grapefruit is in­ PART 908— V A LEN CIA ORANGES CALIFORNIA AND ARIZONA spected and meets the following require­ GROWN IN ARIZONA AND DESIG­ ments: NATED PART OF CALIFORNIA Limitation of Handling (1) Seeded grapefruit shall grade at least U.S. No. 1 Golden and be of a size Limitation of Handling Findings. ( 1 ) Pursuant to the market­ not smalle than 315/i6 inches in diam­ ing agreement, as amended, and Order eter, except that a tolerance of 10 per­ Findings. (1) Pursuant to the mar­ No. 910, as amended (7 CFR Part 910), cent, by count, of seeded grapefruit keting agreement, as amended, and regulating the handling of lemons grown smaller than such minimum size shall be Order No. 908, as amended (7 CFR Part in California and Arizona, effective permitted, which tolerance shall be ap­ 908), regulating the handling of Valen­ under the applicable provisions of the plied in accordance with the provisions cia oranges grown in Arizona and desig­ Agricultural Marketing Agreement Act for the application of tolerances, speci­ nated part of California, effective under of 1937, as amended (7 U.S.C. 601-674), fied in the U.S. Standards for Florida the applicable provisions of the Agricul­ and upon the basis of the recommenda­ Grapefruit; and tural Marketing Agreement Act of 1937, tion and information submitted by the (2) Seedless grapefruit shall grade at as amended (7 U.S.C. 601-674), and upon Lemon Administrative Committee, estab­ least Improved No. 2 and be of a size not the basis of the recommendation and in­ lished under the said amended market­ smaller than 3%6 inches in diameter, formation submitted by the Valencia ing agreement and order, and upon other except that a tolerance of 10 percent, by Orange Administrative Committee, es­ available information, it is hereby found count, of seedless grapefruit smaller tablished under the said amended mar­ that the limitation of handling of such than such minimum size shall be per­ keting agreement and order, and upon lemons, as hereinafter provided, will tend mitted, which tolerance shall be applied other available information, it is hereby to effectuate the declared policy of the in accordance with the provisions for the found that the limitation of handling act. application of tolerances, specified in the of such Valencia oranges, as hereinafter (2) It is hereby further found that itU.S. Standards for Florida Grapefruit. is impracticable and contrary to the (b) The Federal or Federal-State In­ provided, will tend to effectuate the public interest to give preliminary declared policy of the act. spection Service, Fruit and Vegetable notice, engage in public rule-making Division, Consumer and Marketing Serv­ (2) It is hereby further found that itprocedure, and postpone the effective ice, U.S. Department of Agriculture, is is impracticable and contrary to the pub­ date of this amendment until 30 days hereby designated as the governmental lic interest to give preliminary notice, after publication hereof in the F ederal inspection service for the purpose of cer­ R egister (5 U.S.C. 1001-1011) because tifying the grade, size, quality, and ma­ engage in public rule-making procedure, the time intervening between the date and postpone the effective date of this turity of grapefruit that are imported when information upon which this into the United States. Inspection by amendment until 30 days after publica­ amendment is based became available the Federal or Federal-State Inspection tion thereof in the F ederal R egister (5 and the time when this amendment must Service with appropriate evidence there­ U.S.C. 1001-1011) because the time inter­ become effective in order to effectuate of in the form of an official inspection vening between the date when informa­ the declared policy of the act is insuffi­ certificate, issued by the respective serv­ cient, and this amendment relieves re­ ice, applicable to the particular shipment tion upon which this amendment is based striction on the handling of lemons became available and the time when this of grapefruit, is required on all imports grown in California and Arizona. of grapefruit. Such inspection and cer­ amendment must become effective in Order, as amended. The provisions in tification services will be available upon order to effectuate the declared policy paragraph (b) (1) (ii) of § 910.530 application in accordance with the rules of the act is insufficient, and this amend­ (Lemon Regulation 230; 31 F.R. 11656) and regulations governing inspection and ment relieves restriction on the handling are hereby amended to read as follows: certification of fresh fruits, vegetables, of Valencia oranges grown in Arizona § 910.530 Lemon Regulation 230. and other products (Part 51 of this title) and designated part of California. but, since inspectors are not located in ***** the immediate vicinity of some of the Order, as amended. The provisions (b) Order. (1) * * * small ports of entry, such as those in in paragraph (b) (1) (ii) of § 908.477 (ii) District 2: 232,500 cartons. southern California, importers of grape­ (Valencia Orange Regulation 177,31 F.R. ***** fruit should make arrangements for in-

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 RULES AND REGULATIONS 12013 spection, through the applicable one of (f) Notwithstanding any other provi­ Chapter X— Consumer and Marketing the following offices, at least the specified sion of this section, any importation of Service (Marketing Agreements and number of days prior to the time when grapefruit which, in the aggregate does Orders; Milk), Department of Agri­ the grapefruit will be imported: not exceed five standard nailed boxes, or equivalent quantity, may be imported culture Ports Office Advance without regard to the restrictions speci­ [Milk Order 79] notice fied herein. (g) It is hereby determined that im­ PART 1079— MILK IN DES MOINES, All Texas points. W. T. McNabb, 222 1 day. ports of grapefruit, during the effective IOWA, MARKETING AREA McClendon Bldg., Harlingen, Tex. 78551 time of this section, are in most direct Order Amending Order (Phone—Garfield competition with grapefruit grown in the 3-5644), State of Florida. The requirements set § 1079.0 Findings and determinations. or James L. Williams, Do. forth in this section are the same as those Room 516, U.S. Court­ being made effective for grapefruit grown The findings and determinations here­ house, El Paso, Tex. inafter set forth are supplementary and 79901 (Phone—Key­ in Florida. stone 3-9351, Ext. 340). (h) No provisions of this section shall in addition to the findings and deter­ All New York Edward J. Beller, 346 Do. supersede the restrictions or prohibitions minations previously made in connection points. Broadway, Room 306, New York, N.Y. 10013 on grapefruit under the Plant Quaran­ with the issuance of the aforesaid order (Phone—Rector 2-8000, tine Act of 1912. and of the previously issued amendments Ext. 807). thereto; and all of the said previous find­ All Arizona R. H. Bertelson, Room Do. (i) Nothing contained in this section points. 202, Trust Bldg., shall be deemed to preclude any importer ings and determinations are hereby rati­ Nogales, Ariz. 85621 fied and affirmed, except insofar as such (Phone—Atwater from reconditioning prior to importation 7-3466). any shipment of grapefruit for the pur­ findings and determinations may be in All Florida Lloyd W. Boney, 1200 Do. conflict with the findings and determina­ points. Northwest 21 Terrace, pose of making it eligible for importa­ Room 5, Miami, Fla. tion. tions set forth herein. 33166 (Phone—Franklin (j) The terms used herein relating to (a) Findings upon the basis of the 1-6933) hearing record. Pursuant to the pro­ or grade, diameter, standard pack, and Hubert S,. Flynt, 775 Do. standard box shall have the same ijaean- visions of the Agricultural Marketing Warner Street, Post Agreement Act of 1937, as amended (7 Office Box 6697, ing as when used in the U.S. Standards Orlando, Fla. 32803 for Florida Grapefruit (§§ 51.750-51.783 U.S.C. 601 et seq.), and the applicable (Phone—Garden rules of practice and procedure govern­ 2-2447). of this title) ; “Improved No. 2“ shall All California Carley D. Williams, 294 3 days. mean grapefruit grading at least U.S. ing the formulation of marketing agree­ points. Wholesale Terminal ments and marketing orders (7 CFR Part Bldg., 784 South No. 2 and also meeting the requirements Central Ave., Los of the U.S. No. 1 grade as to shape (form) 900), a public hearing was held upon cer­ Angeles, Calif. 90021 and color. Importation means release tain proposed amendments to the tenta­ (Phone—Madison 2-8756). from custody of the U.S. Bureau of tive marketing agreement and to the or­ All other points. D. S. Matheson, Fruit Do. Customs. der regulating the handling of milk in and Vegetable Division, the Des Moines, Iowa, marketing area. Consumer and (k) Grapefruit Regulation 7 (§ 944.- Marketing Service, 103, 29 F JR. 12762,13603; 30 F.R. 257, 754, Upon the basis of the evidence intro­ U.S. Department of duced at such hearing and the record Agricultural, Washing­ 4055, 5359, 6065, 6638, 11713, 14361; 31 ton, D.C. 20250 FJt. 2728, 5569, 6959) is hereby termi­ thereof, it is found that : (Phone—Dudley (1) The said order as hereby amended, 8-5870). nated at the effective time hereof. It is hereby found that it is impractic­ and all of the terms and conditions able, unnecessary, and contrary to the thereof, will tend to effectuate the de­ (c) Inspection certificates shall cover public interest to give preliminary notice, clared policy of the Act; only the quantity of grapefruit that is engage in public rule-making procedure, (2) The parity prices of milk, as de­ being imported at a particular port of and postpone the effective time of this termined pursuant to section 2 of the entry by a particular importer. regulation beyond that herein specified Act, are not reasonable in view of the (d) The inspection performed, and (5 U.S.C. 1001-1011) in that (a) the re­ price of feeds, available supplies of feeds, certificates issued, by the Federal or Fed­ quirements of this import regulation are and other economic conditions which eral-State Inspection Service shall be in imposed pursuant to section 8e of the affect market supply and demand, for accordance with the rules and regula­ Agricultural Marketing Agreement Act of milk in the said marketing area, and tions of the Department governing the 1937, as amended (7 U.S.C. 601-674), the minimum prices specified in the or­ inspection and certification of fresh which makes such regulation mandatory; der as hereby amended, are such prices fruits, vegetables, and other products (b) the grade and size requirements of as will reflect the aforesaid factors, in­ (Part 51 of this title). The cost of any this import regulation are the same as sure a sufficient quantity of pure and inspection and certification shall be those being made effective on domestic wholesome milk, and be in the public borne by the applicant therefor. shipments of grapefruit under Grape­ interest; and (e) Each inspection certificate issued fruit Regulation 63 (§ 905.485); (c) com­ (3) The said order as hereby amended, with respect to any grapefruit to be im­ pliance with this import regulation will regulates the handling of milk in the ported into the United States shall set not require any special preparation same manner as, and is applicable only forth, among other things: which cannot be completed by the effec­ to persons in the respective classes of (1) The date and place of inspection; tive time; and (d) notice hereof in excess industrial or commercial activity speci­ (2) The name of the shipper, or appli­ fied in, a marketing agreement upon cant; of 3 days, the minimum that is prescribed by said section 8e, is given with respect to which a hearing has been held. (3) The commodity inspected; this import regulation; and (e) such (b) Additional findings. It is neces­ (4) The quantity of the commodity notice is hereby determined, under the sary in the public interest to make this covered by the certificate; circumstances, to be reasonable. order amending the order effective not (5) The principal identifying marks later than upon F ederal R egister pub­ on the container; (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. lication. Any delay beyond that date (6) The railroad car initials and num­ 601-674) would tend to disrupt the orderly ber, the truck and the trailer license Dated: September 9,1966. marketing of milk in the marketing area. number, the name of the vessel, or other The provisions of the said order are identification of the shipment; and P aul A. N icholson, known to handlers. The recommended (7) The following statement if the Deputy Director, Fruit and decision of the Associate Administrator facts warrant: Meets U.S. import re­ Vegetable Division, Consumer was issued August 23, 1966, and the de­ quirements under section 8e of the Agri­ and Marketing Service. cision of the Assistant Secretary con­ cultural Marketing Agreement Act of [F.R. Doc. 66-10047; Filed, Sept. 13, 1966; taining all amendment provisions of this 1937, as amended. 8:49 a.m.] order was issued September 6,1966. The

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12014 RULES AND REGULATIONS changes effected by this order will not Signed at Washington, D.C., on Sep­ (d) With respect to the first question, require extensive preparation or sub­ tember 9, 1966. io the Commission noted that a promo­ stantial alteration in method of oper­ J ohn A. B aker, tional plan must be within the reach of ation for handlers. In view of the fore­ Acting Secretary. all competing customers of the supplier going, it is hereby found and determined [F.R. Doc. 66-10008; FUed, Sept. 13, 1966; in a practical business sense, otherwise it that good cause exists for making this 8:46 a.m.] does not comply with the requirement of order amending the order effective upon functional availability, After having F ederal R egister publication, and that examined the plan, the Commission con­ it would be contrary to the public inter­ cluded it would not be available to all est to delay the effective date of this Title 16-COMMERCIAL competing customers in a practical busi­ amendment for 30 days after its pub­ ness sense for a variety of reasons. lication in the F ederal R egister. (Sec. PRACTICES (e) “In the first place,” the Commis­ 4(c), Administrative Procedure Act, 5 sion said, “retail outlets such as drug U.S.C. 1001-1011.) Chapter I— Federal Trade and department stores which may carry (c) Determinations. It is hereby de­ Commission some food products but which may also termined that: carry a variety of other products may (1) The refusal or failure of handlers PART T 5— ADMINISTRATIVE find it impractical to participate in the (excluding cooperative associations spec­ OPINIONS AND RULINGS plan, since, due to the layout of these ified in section 8c(9) of the Act) of stores, the broadcasting of commercials more than 50 percent of the milk, which Three-Way Promotional Plan Set Up limited primarily to food products, may is marketed within the marketing area, by Radio Station and Financed by interfere with their sales of other prod­ to sign a proposed marketing agreement, Participating Retailers and Their ucts. Second, retailers who already have tends to prevent the effectuation of the Suppliers existing contracts for background music declared policy of the Act; from other sources would find it difficult, (2) The issuance of this order, amend­ § 15.88 Three-way promotional plan set if not impossible, to operate under the ing the order, is the only practical means up by radio station and financed by proposed plan. Third, those food stores pursuant to the declared policy of the Act participating retailers and their sup­ which do not carry all participating of advancing the interests of producers pliers. brands could not be expected to broad­ as defined in the order as hereby (a) A radio station has been advised cast in-store commercials promoting the amended; and by the Federal Trade Commission that sale of products which they do not stock (3) The issuance of the order amend­ its proposed three-party promotional and which may be carried by their com­ ing the order is approved or favored by plan as originally presented would be petitors. We have doubts that the al­ at least two-thirds of the producers who unlawful because it would not be avail­ ternate solution offered under the plan during the determined representative able to all competing customers in a would resolve these difficulties. In the period were engaged in the production of practical business sense, but that subse­ first place, an assumption of contracts milk for sale in the marketing area. quent revisions in the basic plan, coupled of competitors by the radio station under Order relative to handling. It is with the addition of an alternative plan, the circumstances might raise other anti­ therefore ordered, that on and after the now bring the basic plan within the re­ trust problems. Second, although the effective date hereof, the handling of quirements of functional availability. proposed plan provides that any store milk in the Des Moines, Iowa, marketing However, the revised plan contains one may discontinue the plan at the end of area shall be in conformity to and in defect which will be discussed later, and the first year without any obligation for compliance with the terms and condi­ which will receive correction before outstanding charges if the credits earned tions of the aforesaid order, as amended, Commission approval can be given. for in-store commercials do not offset and as hereby further amended, as (b) The proposal involves the furnish­ music and speaker charges, this provision follows: ing of background music and in-store would in no way eliminate possible dis­ Section 1079.12(a) is revised to read commercial announcements to retail crimination against such stores during as follows: establishments. The radio station would subsequent years.” § 1079.12 Pool plant. install, without cost, the necessary re­ (f) The Commission was of the opin­ * * * * * ceiving equipment in each participating ion that the foregoing examples “clearly retail store. The products advertised demonstrate that the basic plan would (a) A distributing plant from which a will be limited primarily to grocery store not be available tin a practical business volume of Class I milk equal to not less items. Each store would pay a fixed sense to a substantial number of compet­ than 35 percent of the Grade A milk re­ amount for the background music, de­ ing retailers and therefore would not ceived at such plant from dairy farmers pending upon the number of speakers meet the requirement of functional avail­ and from other plants is disposed of dur­ (one -speaker for every 600 square feet ability.” Under these circumstances, ing the month on routes (including of floor space). The value of the in­ and in the absence of an alternative plan routes operated by vendors) or through store message to the participating sup­ or plans for those who cannot use the plant stores to retail or wholesale outlets plier will be measured and paid for on basic plan, the Commission concluded (except pool plants) and not less than the basis of the total number of persons that the proposed plan, if enacted, would 15 percent of such receipts or an average exposed to the in-store commercials at a not be in conformity with the require­ of not less than 7,000 pounds per day, fixed rate per thousand estimated weekly ments of sections 2 (d) and (e) of the whichever is less, is so disposed of to transactions. As originally submitted, Robinson-Patman Act. It cited with ap­ such outlets in the marketing area: no alternative plan or plans would be proval the following portion of its an­ Provided, That if a portion of a plant is offered. nouncement of September 21, 1965, physically apart from the Grade A por­ setting forth certain guidelines for tion of such plant, is operated separately (c) In its first advisory: opinion, the Commission said that the legality of the three-party promotional a ssista n ce and is not approved by any health au­ plans: “* * * a reasonable alternative thorities for the receiving, processing, or proposed plan raised the following two questions: (1) Did it meet the require­ means of participation must be included packaging of any fluid milk product for in such plans for eligible customers who Grade A disposition, it shall not be con­ ment of functional availability since sidered as part of a pool plant pursuant there was no provision for an alterna­ are unable to use the basic plan.” to this section. tive plan or plans? (2) Did it provide for (g) Having concluded in its original payments to all competing purchasers opinion that the proposed plan does not ***** on proportionally equal terms if the meet the test of functional availability, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. method of payment for the in-store com­ the Commission did not find it necessary 601-674) mercials is based upon the number of to discuss or reach a conclusion with re­ Effective date. Upon F ederal R egis­ customers who are exposed to said com­ spect to the second question presented by ter publication. mercials? the request as to whether the method of

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 RULES AND REGULATIONS 12015 payment for the in-store commercials, estimating the number of customers is (d) In its opinion the Commission said which is to be based upon the number of weighted in favor of the smaller stores. that section 2(e) of the Robinson-Pat­ customers exposed to said commercials, (m) The Commission, however, wasman Act “requires a supplier to treat all meets the requirement of proportionality. of the opinion that the proposed plan of his competing customers on a nondis- (h) Shortly after the Commission is­ must be rejected because the rate of pay­ criminatory basis, which means that if sued its original opinion, counsel for the ment under the alternative plans is one- the supplier furnishes promotional as­ requesting party filed an amendment to half the amount paid under the basic sistance to one customer he must make the original plan. The amended plan plan and is therefore clearly not propor­ that assistance available on proportion­ made provision for an alternative plan tionally equal to the payments to be ally equal terms to all competing cus­ for those who could not use the basic made under the basic plan. The Com­ tomers.” The Commission also pointed plan, and also made certain revisions in mission feels that such discriminatory out that the courts have affirmed the the basic plan. payment provisions cannot be justified principle that a “supplier must comply (i) Revisions of the basic plan pro­ on the ground that the services rendered with this provision of the law (sec. 2(e) vide for the installation of broadcast under the basic plan may be more valu­ of the Rr-P Act) irrespective of whether equipment in drug and department able to the supplier. In a typical case the promotional assistance is furnished stores in such a manner that the in­ under the basic plan, a store with 20 to the retailer directly or through an store commercials will not interfere with speakers would clear approximately $65 intermediary.” the sale of other products. Retailers per month over and above the amount (e) In giving its qualified approval to who presently subscribe to background it would pay for music charges, whereas the proposed plan, the Commission said music from other sources may have an equivalent size store utilizing the al­ that the following three conditions must equipment installed by the requesting ternative plan would clear approximately be met: party, without cost, which would permit $5. Thus, if a supplier were to furnish (1) All competing retailers must in interruption of the music by spot an­ free music to one store and not to its fact be notified of their right to partici­ nouncements (alternative plan 1). Re­ competitor, it would be clear that section pate in the proposed plan. (The Com­ tailers who do not carry all products 2(e) would be violated; the discrimina­ mission did not pass upon the adequacy sponsored under the plan can have in­ tion herein would be equally unlawful. of the proposed means of notification be­ store announcements which merely urge The , Commission felt, therefore, that cause it did not have the facts upon customers to buy those products identi­ this substantial disparity in payments which to base a judgment.) fied by the sponsor’s marker, rather than must be eliminated before the plan can (2) The plan will be offered to all com­ promoting specific brands (alternative be approved. If this is done, the Com­ peting retailers. This means that some plan 2). A third alternative plan has mission would give its approval to the retailers who, geographically, are not in also been proposed under which the fa­ plan. a given marketing area must be offered cilities of retail stores will be provided (38 Stat. 717, as amended; 15 U.S.C. 41-58: the plan if they are on the periphery of with promotional and advertising serv­ 49 Stat. 1526; 15 U.S.C. 13, as amended) that marketing area and in fact com­ pete with the favored retailers. ices at the point-of-sale of the sponsor’s Issued: September 13,1966. products. (3) The plan will be made available to By direction of the Commission. all competing retailers irrespective of (j) Under both the basic plan and their functional classification. Thus, the alternative plans, the value of the [seal] J oseph W. S hea, nonfood stores which handle food items services performed by the retailers for Secretary. the participating supplier will be meas­ sold in grocery stores must also be ac­ [F.R. Doc. 66-10020; Filed, Sept. 13, 1966; corded the same opportunity to partici­ ured and paid for on the basis of the 8:46 a.m.] total number of persons exposed to the pate in any promotional assistance given by the food suppliers to competing in-store commercials and point-of-sale grocery outlets. material at a fixed rate per thousand PART 15— ADMINISTRATIVE estimated weekly transactions. OPINIONS AND RULINGS (38 Stat. 717, as amended; 15 U.S.C. 41-58; (k) After having reviewed the plans 49 Stat. 1526; 15 U.S.C. 13, as amended) as now proposed, the Commission was Proportionalized Equal Treatment for Issued: September 13,1966. of the opinion that the basic plan now Competing Customers Under Three- By direction of the Commission. meets the requirement of functional Way Promotional Program Involv­ availability. The Commission was also ing Recipes for Free Distribution [seal] J oseph W. S hea, of the opinion that under the circum­ Secretary. stances of the intended use of this plan, § 15.89 Proportionalized equal treat­ [F.R. Doc. 66-10021; Filed, Sept. 13, 1966; the proposed method of payment for the ment for competing customers under 8:47 a.m.] in-store commercials and point-of-sale three-way promotional program in­ advertising, which is to be based upon volving recipes for free distribution. the number of consumers exposed to said '(a) The Commission approved, with advertising, meets the, requirement of qualification, the use of a tripartite recipe proportionality under section 2 (d) and plan promoting the sale of food products. Title 18— CONSERVATION OF (e) of the Robinson-Patman Act. (b) Under the terms of the proposed (l) Insofar as using the number of plan, recipes will be supplied without POWER AND WATER RESOURCES consumers exposed to the commercials charge to all food stores in a given Chapter I— Federal Power as the standard for measuring payments marketing area for free distribution to Commission to retailers, the Commission felt this the stores’ customers. Each store which method accords with the value of the participates in the plan will have its SUBCHAPTER G— APPROVED FORMS, NATURAL service to the supplier and in the long name imprinted on the recipe card, to­ GAS ACT run will probably correspond fairly close gether with the names of the participat­ [Docket Nos. R-283, R-291; Order 327] to the amount of purchases of the sup­ ing food suppliers and their products. plier’s product. One reason for this is Availability of the plan will be publi­ PARt 260— STATEMENTS AND that suppliers probably will not join the cized in a monthly trade magazine. REPORTS (SCHEDULES) plan or stay with it if they find they are (c) No money will be paid to retail making payments to stores without any stores which participate in the plan, and Reporting of Pipeline Accidents corresponding increase in their volume it will be supported solely on the basis and Failures of sales by those stores. Therefore, un­ of the sale of advertising to various food der these circumstances the Commission suppliers who will pay a certain fee per S eptember 8,1966. felt it was reasonable to permit propor- 1,000 recipe cards to the promoter of the Annual reports of classes A, B, C, and tionalization to be based on the esti­ plan. The promoter will in turn have the D, Natural Gas Companies subject to the mated number of customers, particularly recipe cards printed and distributed to Natural Gas Act. Miscellaneous amend­ where, as in this case, the measure for the participating retailers. ments to FPC Forms 2 and 2-A; Docket

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 No. 178----- 3 12016 RULES AND REGULATIONS

No. Rr-283 *; telegraphic reporting of ac­ Dockets Nos. Rr-283, R-290, and R-291, a damage suit will be lessened by the fact cidents involving certificated facilities of until the whole matter of safety could be that an estimate of combined damage, Natural Gas Pipeline Company; Docket comprehensively analyzed and discussed not damage to others, is to be reported. No. R-291. by a select committee of the industry We have added a fifth category of report- This order amends Part 260 of the and the Commission. A conference was able accidents, suggested by the discus­ Commission’s regulations to require nat­ held on January 19, 1966, between sion with INGAA at the January 19 con­ ural gas companies (a) to notify the INGAA and the Commission to discuss ference—those which are in the judg­ Commission by telegram or telephone the proposals in these three proceed­ ment of the company significant, but of certain pipeline failures, defined in the ings. We have given careful considera­ which do not meet the other criteria rule, occurring on facilities certificated tion to all industry comments and have specifically named. by the Commission and (b) to submit a adopted many of the suggestions for im­ Several States require the reporting of detailed report by mail within 20 days. provement of the regulations. a natural gas company’s accidents to In addition the pipeline company is re­ As originally noticed, the proposed the State public utility commission,5 and quired to furnish a copy of both of these rules called for reports on accidents or a number define a reportable accident reports to the state regulatory commis­ failures (1) which required taking any to include more incidents than our rule. sion in the state or states where the segment of pipeline out of service; or (2) For example, the only three States which accident or failure occurred and the in which gas escaped and ignited; or (3) use specific estimates of damage as cri­ telegraphic report to the state commis­ which caused property damage of $1,000 teria for determining a reportable acci­ sion in those states where service might or more; or (4) which caused a fatality dent, Massachusetts, Rhode Island, and be affected. In order to expedite atten­ or injury requiring hospitalization. The New Jersey, require the reporting of acci­ tion to serious accidents, this order pro­ rule, as noticed in Docket No. R-291, re­ dents resulting in property damage of vides for telephonic reports of accidents quired first a telegraphic report and then over $500. Michigan requires reports on which cause a fatality or interruption of a detailed report within 10 days. Dock­ accidents “* * * resulting in serious service to a wholesale customer. Fi­ et No. R-283 then proposed to require property damage or loss of gas” and nally, the company in its annual report a repetition in the annual report of the Washington requires reports on acci­ to the Commission shall list and supply information supplied in the individual dents “causing * * * substantial dam­ summary information with respect to report. The major objection of the in­ age to property.” the failures which had been individually dustry in Docket No. R-291 (applicable We are also requiring that the com­ reported during the year covered by the also to Docket No. R-283) was that the pany send a copy of the- telegram and report. The information furnished pur­ definition of reportable accident would the detailed written report to the State suant to the rule will keep the Commis­ require the reporting of numerous unim­ commission where the failure occurred, sion informed of serious accidents or fail­ portant incidents and failures because it and also, in response to a suggestion by ures and will assist it in developing com­ was not clear whether testing or main­ the Michigan Public Service Commission, prehensive data on the causes of pipeline tenance shutdowns were to be included. which itself requires accident reports, failures. Consequently' at the January 19th con­ we are requiring that copies of the tele­ Notice was issued in Docket No. R-283 ference INGAA recommended a nar­ graphic reports be sent to the State regu­ on September 20, 1965 (30 F.R. 12361, rower definition of reportable accident latory commission in the State or States Sept. 28,1965), and in Docket No. R-291 than we had proposed.1 Although, we do where service might be affected by the on November 2, 1965 (30 F.R. 14111, not fully adopt INGAA’s suggestion, we occurrence. We believe that such re­ Nov. 9,1965). have narrowed our definition of report- porting may prove particularly useful to Eleven natural gas companies,2' the able accident substantially to make it States dependent upon out-of-State sup­ Independent Natural Gas Association of clear that occurrences connected with plies, although we note that Kansas America (INGAA), and the Public Serv­ routine maintenance or construction, Corporation Commission (which also re­ ice Commission of Michigan submitted pinhole leaks, and testing failures are not quires accident reports) advises that it comments in Docket No. R-291. to be reported except under certain would have no direct need at this time We received comments in Docket No. circumstances and also to make $5,000 for the specific data to be reported in R-283 on the specific data which we rather ihan $1,000 of estimated property the detailed report under our rule. proposed to require to be submitted in damage the reporting threshold. Sev­ Natural Gas Pipeline Co. and Pan­ the report of details from eight pipeline eral companies thought that $1,000 was handle Eastern Pipe Line Co. challenged companies,3 the Kansas State Corpora­ too low, a majority suggested $5,000 and the Commission’s statutory authority to tion Commission, INGAA, and Martin T. a few $10,000 or higher. Some suggested require telegraphic reports. Panhandle Bennett, a consulting engineer. that the limit only refer to the noncom­ contended that such reports were not INGA and several companies requested pany property while others did not want needed or required by the Commission that the Commission defer action on to report separate estimate of damage to noncompany property on the grounds 5 Connecticut P.U.C., order Mar. 12, 1962, 1 The notice issued in Docket No. R-283 that it might prejudice them in subse­ Docket No. 10050, sec. 37; P.S.C. of Indiana, proposed, among other things, the revision quent litigation. We believe that an esti­ rules for gas utilities, cause No. 30281, ap­ of the schedule “Service Interruptions and mate of damage only to noncompany proved Apr. 2, 1964, Rule 22; Kansas State Property Damage” in FPC Form 2 and the property is not as relevant as an esti­ Corporation Commission; rules and regula­ addition of such a schedule to FPC Form mate of total damage for the purposes of tions relating to standards of quality, pres­ 2-A. The Commission deferred consideration determining the seriousness of a failure sure, accuracy of measurement, safety and of these matters when it issued Order No. service of natural gas, Docket 34856-U, Jan. 310, in that docket, on Dec. 8, 1965, 34 and consequently will require only a com­ bined total. In place of the monetary 16, 1961, sec. 705; Maryland P.S.C., regula­ FPC ----- , 30 F.R. 15465. Since those pro-f tions governing service supplied by gas posals relate, generally, to the subject matter estimate of company damage, we are re­ companies, order No. 5567, July 1, 1964, sec. of the proceeding in Docket No. R-291, they quiring a brief description of the actual 203.6; Massachusetts Department of Public will now be considered. damage. The possibility of prejudice in Utilities, order, Jan. 23, 1963, D.P.U. 9734r-B, 2 Algonquin Gas Transmission Co., Colum­ sec. 8; Michigan P.S.C. Gas Safety Code, bia Gas System Service Corp., El Paso Natural ‘ INGAA’s proposed definition was: “an Order D-3913, sec. R—460.862.1; New Hamp­ Gas Co., Equitable Gas Co., Lone Star Gas accident or transmissipn operating failure shire P.U.C., rules and regulations prescrib­ Co., Michigan Gas Storage Co., Northern involving facilities operated under certifi­ ing standards for gas utilities, order No. Natural Gas Co., Pacific Gas Transmission cate authorization from the Commission 7790, Jan. 11, 1962, sec. 30; New Jersey De­ Co., Panhandle Eastern Pipe Line Co., Texas shall be a rupture or break in the pipeline partment of Public Utilities, order in Docket Eastern Transmission Corp., Transwestern material, valve or pipe fitting, or a failure in No. 6663, sec. 29; Oregon, rules and regula­ Pipeline Co. a compressor station which results in (i) tions of the public utility commissioner sec. 3 Columbia Gas System Service Corp., El fatality or personal injury requiring hos­ 24-045; Pennsylvania, P.U.C., gas regula­ Paso Natural Gas Co., Natural Gas Pipeline pitalization, (ii) loss of service to a market tions, effective Jan. 1, 1963, sec. 202, Rule 1; Company of America, Panhandle Eastern of the company, (ill) ignition of the total Rhode Island Department of Business Regu­ Pipe Line Co., Texas Gas Transmission Corp., stream of gas moving in the pipeline, or (iv) lations, Division of Public Utilities, Nov. 1, Trunkline Gas Co., Union Light, Heat & estimated damage to property of third par­ 1955, sec. 15; Washington P.S.C. consolidated Power Co., United Gas Pipe Line Co. ties of $10,000 or more.” causes No. U-8799 and U-8800, Rule 25.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 RULES AND REGULATIONS 12017

because the reports would be after the cific question on the environment in (3) Results in gas escaping from the fact and could in no way aid the Com­ which the pipe is located.9 pipeline and igniting; or mission in its regulation of rates, exten­ The rule proposed in Docket No. (4) Causes estimated damage to the sion of facilities, and other matters relat­ R-283 would have required the complete property of the company and others of ing to the transportation and sale of nat­ contents of the written individual re­ a combined total of at least $5,000; or ural gas in interstate commerce. We are ports to be included also in the annual (5) Is significant, in the judgment of convinced that such reports individually report. It was mentioned at the meeting the company, even though it does not and collectively will assist both the Com­ with INGAA that this is not necessary meet the criteria of subparagraphs (1) mission and the industry to fulfill their and we are by this order, in fact, reduc­ through (4) of this paragraph. Plant or obligation to the public of better service ing the amount of information on each equipment shutdowns, reductions in through increased efficiency and relia­ reported accident below that which is pressure, the escape and ignition of gas, bility. We also believe we have full statu­ now required in the annual reports. or the taking of a segment of pipeline tory authority to issue this order under Since we need only one detailed report of out of service, solely as a consequence of, section 7 (which applies to the extension, each failure, the annual report schedule or in connection with, planned or routine abandonment, and certification of facili­ here prescribed requires only an iden­ maintenance or construction; pinhole ties, section 10 (which authorizes the tification of each failure and the dates leaks in the pipe; and failures during Commission to prescribe reports as nec­ on which the detailed written report and testing of pipe or equipment, are not to essary or appropriate to assist it in ad­ any supplements were filed. Martin T. be reported, except under conditions of ministering the Act), section 13 (which Bennett made two other specific sugges­ subparagraphs (1), (4), and (5) of this authorizes complaints by States, munici­ tions which we have not adopted. One paragraph. palities and State commissions), section was to require the location class at the (b) Natural gas pipeline companies 14 (which authorizes investigations), and time of the accident. We believe this shall report such accidents by telephone section 16 (which deals with the admin­ is included in the definition of construc­ or telegram to the Chief, Pipeline Divi­ istrative powers of the Commission). tion type which we are prescribing. The sion, Bureau of Natural Gas, Federal We found the comments on the spe­ other was that we require the distance to Power Commission, 441 G Street NW„ cific data which we proposed to require the nearest upstream compressor station, Washington, D.C., at the earliest feasible helpful and have adopted many of the and the discharge pressure before the moment following the accident or failure changes suggested. We have altogether failure as well as the nearest pressure and shall state briefly the (1) location eliminated three items as not necessary.8 reading both upstream and downstream. and (2) time thereof and (3) the extent A few companies commented that some We do not believe this information is of injuries, and (4) all other significant of the data asked for in the detailed re­ necessary for our purposes in view of the facts known then to the company rele­ port would not be relevant for some fail­ related information being required. vant to the cause of the failure or the ures. For example, data on cathodic or The Commission finds: extent of damages. Any such accidents other corrosion protection are not rele­ (1) The adoption of these amend­ which result in a fatality or interruption vant if earth-moving equipment punc­ ments is necessary and appropriate for of service to a wholesale customer shall tures the pipe. Our rule, therefore, the administration of the Natural Gas be reported by telephone (Area Code 202, makes clear that certain data may be Act. 393-0100). omitted if it is not relevant to the cause (2) The revisions and additional items (c) To the extent that such informa­ of the failure. of information which we have added in tion is then available* natural gas pipe­ Others commented that the specific the written detailed report and which line companies shall furnish to the data asked for in the detailed report will did not appear in the original notice Commission within 20 days of each pipe­ are supplementary to and add specificity line system failure or accident defined in not always be available in 10 days. We to items originally noticed and do not paragraph (a) of this section a written have relaxed the rule as proposed and it constitute substantive changes in the re­ detailed report of such failure containing now provides 20 days for submission of porting requirement proposed. Further the following information: the report of details. The rule further notice and opportunity for comment (1) Date and hour. states that any additions or changes to thereon pursuant to section 4(e) of the (2) Location—city, county, State, line the 20-day report should be submitted Administrative Procedure Act prior to designation, and milepost number. adoption and promulgation is therefore (3) Number of deaths, if employee, so when they become known, in a supple­ unnecessary. specify. ment to that report. We have also re­ The Commission, acting pursuant to (4) Number of injuries, if employee, vised some of the items to make them the authority of the Natural Gas Act so specify. more specific and meaningful.7 We have particularly sections 7, 10, 13, 14, and 16 (5) (i) Combined monetary estimate added four items: three of these more (52 Stat. 824, 826, 827, 828, 830; 56 Stat. of damage to the property of the com­ specifically ask for data on the pipeline 84; 15 U.S.C. 717f, 717i, 7171, 717m, pany and others. 717o), orders: (ii) Brief description of damage to facility using the ASA B31.8 Code as a (A) Part 260, Subchapter G, Chapteraffected facility. reference point8 and one is a more spe- I, of Title 18 of the Code of Federal (6) Service interruption. Regulations is amended by adding a new (i) Customers affected (specify by 8 Design operating pressure; measurable § 260.9 to read as follows : customer class). pit depths; reconstruction costs. § 260.9 Reports by natural gas pipeline (ii) Duration of interruption. 7 Estimated property damage; description (7) Description of cause of accident of affected facility; applicable safety code. companies on pipeline system acci­ dents or failures. or failure, to the knowledge of the re­ 8 (1) “Construction type required for fa­ porting company. cility by ASA B31.8, paragraph 841, if in­ stalled at time of accident.” The construc­ (a) Every natural gas pipeline com­ (8) Emergency actions taken. tion type, as used in the ASA code, deter­ pany shall report to the Federal Power (9) Description of affected facility. mines the highest pressure, for safety pur­ Commission any pipeline system acci­ Give: (i) Description and year installed. poses, expressed as a percent of the minimum dent or failure involving facilities op­ If pipe also give: (ii) Length, (iii) diam­ yield strength which a pipe in any given lo­ erated under certificate authorization eter, (iv) wall thickness, (v) steel speci­ cality may use under the ASA standards. from the Commission which: fication number, (vi) grade, and (vii) The main factor determining construction (1) Causes any fatality or personal pipe class per ASA B31.8, paragraph type is the population density. injury requiring hospitalization; or (2) ‘Maximum allowable operating pres­ 841.12; if coupling or joint involved, de­ sure allowed for facility by ASA B31.8 if in­ (2) Requires the taking of any seg­ note type. stalled at time of accident.” This indicates ment of pipeline out of service; or (10) Has any extra protection been the maximum safe pressure which the most necessary due to special conditions in current ASA safety code would allow. •Extra protection needed for pipe due to the environment of the pipe such as (3) “Maximum pressure allowed by state special environmental conditions. This will stream-bed, high-tension lines, or high­ aw. This may in some cases be lower than indicate if any conditions which could affect way crossing? If so, what extra protec­ that prescribed by the ASA code. the life of the pipe were present. tion was provided?

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12018 RULES AND REGULATIONS

(11) Construction type per ASA Code mitted to the Commission on each such ac­ by the Federal Food, Drug, and Cosmetic B31.8, paragraph 841 required for the cident or failure. Act (sec. 701(a), 52 Stat. 1055; 21 U.S.C. (1) (a) Date of accident or failure. facility if installed at time of accident. (b) Date or dates on which accident re­ 371(a)) and delegated by him to the (12) (i) Maximum allowable operat­ ports were filed pursuant to § 260.9 of this Commissioner of Food and Drugs (21 ing pressure per ASA Code B31.8 for the part. CFR 2.120; 31 F.R. 3008), and pursuant facility if installed at time of accident. (2) Location—city, county, State. to section 3(a) (1) of the Administrative If company uses a standard other than (3) Number of deaths, if any. Procedure Act (60 Stat. 238; 5 U.S.C. ASA Code B31.8, give also the maximum (4) Number of injuries, if any. 1002), Chapter I of Title 21 is amended allowable pressure under such standard (5) Brief description of damage to affected as follows to reflect organizational and an explanation of such standard. facility. changes in the Food and Drug Admin­ (6) Service interruptions. (ii) Maximum operating pressure al­ (i) Customers affected (specify by cus­ istration : lowed by State law, if applicable. tomer class). 1. Section 2.121 (31 F.R. 3008) is (13) Operating pressure at time of (ii) Duration of interruption. amended by changing paragraphs (a), accident or failure (p.s.i.g.). (f), (h), (i), and (j) and by deleting (14) Results of any metallurgical tests (C) FPC Form No. 2-A, prescribed by paragraph (g), as follows: made on facility involved in failure. In­ § 260.2 of the said Part 260 is amended by adding a new schedule on page 13, to § 2.121 Redelegations of authority from dicate the degree of corrosion and reduc­ the Commissioner to other officers of tion in net effective wall thickness of the read as set out in ordering paragraph (B). the Administration. segment and preventive measures taken, * * * * * if applicable. (D) In order to correctly list the new (15) Method used in testing affected schedules, §§ 260.1(c) and 260.2(c) are (a) General delegation of authority. facility to withstand design operating revised as follows: The Deputy Commissioner pf Food and pressure. Describe any periodic leak (1) In § 260.1(c) revise the schedule Drugs and the Associate Commissioner tests. Describe any upgrading or down­ title “Service Interruptions and Prop­ for Compliance are authorized to per­ grading of operating pressure. erty Damage” to read “Pipeline System form all the functions of the Commis­ (16) Description of coating and wrap­ Accidents and Failures.” sioner of Food and Drugs. ping materials, method of application (2) In § 260.2(c), add to follow sched­ * * * * * and frequency of inspection. If not ule title “Expenditures for Certain Civic, (f) Delegations regarding certifica­ coated, state why. Political and Related Activities,” a new tion of color additives. The Director of (17) Was facility subject to cathodic title reading “Pipeline System Accidents the Bureau of Science and the Director protection? If so, state the frequency and Failures.” of the Division of Color Certification and of inspection of protective device and (E) The proceeding in Docket No. R - Evaluation of that Bureau are author­ facility affected. If not cathodically 283, insofar as it relates to the proposed ized to certify batches of color additives protected, state why. schedule “Pipeline Systems Accidents for use in food, drugs, or cosmetics, pur­ (18) Results of any soil resistivity and and Failures” in both Form No. 2 and suant to section 706 of the Federal Food, soil chemical tests in the area of the Form No. 2-A, is terminated. Drug, and Cosmetic Act. facility affected. Indicate degree to (F) The amendment prescribed here­ (g) [Deleted] which soil bed or the terrain (such as in requiring telegraphic and detailed (h) Delegations regarding certifica­ level, rolling, steeply graded) might have written reports shall be effective Novem­ tion of insulin. The Director of the Bu­ contributed to corrosion or failure of the ber 1, 1966. The amendments to the reau of Science and the Director of the facility. Annual Report, Forms 2 and 2-A, shall Division of Antibiotics and Insulin Cer­ (d) The company shall file supple­ be effective for the reporting year 1966 tification of that Bureau are authorized ments to this detailed report if complete and thereafter. to exercise the functions and duties of information later becomes available or (G) The Secretary shall cause prompt the Commissioner under the regulations changes are necessary after this report is publication of this order to be made in insofar as such duties and functions in­ filed. The data in items (11) through the F ederal R egister. volve the certification of batches of drugs (18) may be omitted if they are not rele­ (Sees. 7, 10, 13, 14, 16, 52 Stat. 824, 826, 827, containing insulin as contemplated by vant to the cause of the failure. In these 828, 830: 56 Stat. 84; 15 U.S.C. 717f, 717i, 717Z, § 164.3 (a) and (c) of this chapter or cases the reporting company shall briefly 717m, 717o) approval of the use of materials as con­ templated by § 164.2 (j) and (k) of this indicate why such information is not By the Commission. relevant. chapter. (e) Copies of both the telegraphic re­ [seal] J oseph H. G utride, (i) Delegations regarding certifica­ port and the written report shall be sent Secretary. tion of antibiotic drugs. The Director of the Bureau of Science and the Direc­ to the State regulatory commission in [F.R. Doc. 66-9998;/Filed, Sept. 13, 1966; the State where the failure occurred. 8:45 a.m.] tor of the Division of Antibiotics and Copies of the telegraphic report shall also Insulin Certification of that Bureau are be sent to the State commission in those authorized to certify or reject batches States where service might be affected by of antibiotic drugs, or any derivative of the failure. Title 21— FOOD AND DRUGS these drugs, pursuant to section 507(a) (f) Natural gas companies shall sub­ of the Federal Food, Drug, and Cosmetic mit to the Commission an original and Chapter I— Food and Drug Adminis­ Act. three conformed copies of the 20-day tration, Department of Health, Edu­ (j) Delegations regarding approved report of details and hny supplements cation, and Welfare new-drug applications for medicated thereto. feeds. The Director of the Bureau of (B) The schedule, “Service Interrup­ SUBCHAPTER A— GENERAL Veterinary Medicine is authorized to tions and Property Damage“ on page 568 PART 2— ADMINISTRATIVE FUNC­ notify applicants of approved new-drug of FPC Form No. 2, prescribed by § 260.1 applications for medicated feeds, pur­ TIONS, PRACTICES, AND PROCE­ suant to § 130.10 of this chapter. of said Part 260 is deleted and the follow­ DURES ing schedule is substituted in its place: 2. Section 2.171 (31 FH. 3008) is re­ P ipeline System Accidents and F ailures Subpart H— Delegations of Authority vised to read as follows: For each pipeline facility accident or fail­ Subpart M— Organization § 2.171 Washington headquarters.1 ure during the reporting year for which the The central organization of the Food Commission requires a report under § 260.9 PART 8— COLOR ADDITIVES of this part and for any unreported supple­ and Drug Administration consists of: ments to accident reports of preceding years, Miscellaneous Amendments 1 Current locations and addresses of these furnish the following information. This in­ units may be obtained from the Office of formation correlates with items (1) through Under the authority vested in the Sec­ Education and Information, 200 C Street (6) of the detailed report required to be sub­ retary of Health, Education, and Welfare SW., Washington, D.C. 20204.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 RULES AND REGULATIONS 12019

Office of the Commissioner (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a)) 52 Stat. 1046, 1055 as amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371), and Commissioner of Pood and Drugs. Dated: September 7,1966. Deputy Commissioner of Pood and Drugs. delegated by him to the Commissioner of J ames L. G oddard, Hearing Examiner. Food and Drugs (21 CFR 2.120; 31 F.R. Associate Commissioner for Compliance. Commissioner of Food and Drugs. 3008) : It is ordered, That Part 27 be Associate Commissioner for Science. [F.R. Doc. 66-10022; Filed, Sept. 13, 1966; amended by adding the following new Assistant Commissioner for Administration. 8:47 ajn.] section: Division of Financial Management. Division of General Services. § 27.103 Frozen concentrate for artifi­ Division of Management Systems. SUBCHAPTER B— FOOD AND FOOD cially sweetened lemonade; identity; Division of Personnel Management. PRODUCTS label statement of optional in­ Assistant Commissioner for Education and gredients. Information. PART 27— CANNED FRUITS AND Assistant Commissioner for Planning and (a) Frozen concentrate for artificially Evaluation. FRUIT JUICES sweetened lemonade conforms to the Office of Federal-State Relations. Frozen Concentrate for Artificially definition and standard of identity pre­ Office of International Affairs. Sweetened Lemonade scribed for frozen concentrate for lemon­ Office of Legislative Services. ade by § 27.101, except that in lieu of Office of Policy Management. D efinition and S tandard of I dentity nutritive sweeteners it is sweetened with Bureau of Drug Abuse Control In the matter of establishing a defini­ one or more of the artificial sweetening ingredients specified in paragraph (b) Division of Case Assistance. tion and standard of identity for frozen Division of Drug Studies and Statistics. . concentrate for artificially sweetened of this section, and the soluble solids Division of Investigations. lemonade: specifications prescribed in § 27.101(a) A notice of proposed rulemaking in the do not apply. When the product is di­ Bureau of Education and Voluntary luted according to directions which shall Compliance above-identified matter was published in the F ederal R egister of June 17, 1966 appear on the label, the acidity of the Division of Consumer Relations. (31 F.R. 8497), based on a joint petition artificially sweetened lemonade, calcu­ Division of Industry Education. filed by Libby, McNeill, & Libby, 200 lated as anhydrous citric acid, shall be not less than 0.70 gram per 100 milli­ Bureau of Medicine South Michigan Avenue, Chicago, 111. 60604, and the ReaLemon Division of the liters. It may contain one or more safe Office of Drug Surveillance. Borden Co., 350 Madison Avenue, New and suitable dispersing ingredients serv­ Division of Drug Monitoring. York, N.Y. 10017. ing the function of distributing the Division of Epidemiology. Six comments were received in re­ lemon oil throughout the food. It may Division of Supplement Review. also contain one or more safe and suit­ Office of Medical Review. sponse to the proposal. Four firms Division of Case Review. favored the compositional aspects of the able thickening ingredients. Such dis­ Division of Medical Advertising. proposal, but their comments included persing and thickening ingredients are Division of Medical Devices. suggestions that the requirement for not food additives as defined in section Office of New Drugs. label declaration of added lemon oil be 201 (s) of the Federal Food, Drug, and Division of Anti-infective Drugs. Cosmetic Act; or if they are food addi­ Division of Cardiopulmonary and Renal deleted. One firm protested the pro­ vision to permit the optional use of tives as so defined, they are used in con­ Drugs. formity with regulations established Division of Dental and Surgical Adjuncts. thickening and dispersing ingredients. Division of Metabolism and Endocrine Two firms requested that any Artificial pursuant to section 409 of the act. Drugs. sweetener be permitted if it now has, (b) The artificial sweetening ingredi­ Division of Neuropharmacological Drugs. or in the future may receive, food addi­ ents referred to in paragraph (a) of this Division of Oncology and Radiopharma­ tive clearance pursuant to section 409 of section are saccharin, sodium saccharin, ceuticals. the Federal Food, Drug, and Cosmetic sodium cyclamate, calcium cyclamate, or any combination of these. Bureau of Regulatory Compliance Act. In regard to the label declaration of (c) The name of the food is “frozen Division of Case Supervision. added lemon oil, the order published in concentrate for artificially sweetened Division of Field Operations. the F ederal R egister of June 17, 1966 lemonade.” The w o r d s “artificially Division of Review and Appraisal. (31 F.R. 8493), promulgating amend­ sweetened” shall be of the same size and Bureau of Science ments to the standard for frozen con­ style of type as the word “lemonade.” centrate for lemonade (21 CFR 27.101) (d) If an optional thickening or dis­ Division of Antibiotics and Insulin Certifica­ recognized that lemon oil is invariably persing ingredient referred to in para­ tion. graph (a) of this section is used, the Division of Color Certification and Evalua­ present in the food and did not require tion. label declaration. The following order label shall bear the statement “_____ Division of Color and Cosmetic Chemistry. establishing the standard for frozen added” or “with added_____,” the blank Division of Food Chemistry. concentrate for artifically sweetened being filled in with the common name Division of Food Standards and Additives. lemonade deals with the lemon juice in­ of the thickening or dispersing agent Division of Microbiology. gredients, including lemon oil, by cross used. Such statement shall be set forth Division of Nutrition. reference to the standard for frozen on the label with such prominence and Division of Pharmaceutical Chemistry. concentrate for lemonade. This has the conspicuousness as to render it likely to Division of Pharmacology. effect of not requiring label declaration be read and understood by the ordinary Division of Toxicological Evaluation. of lemon oil present in the artifically individual under customary conditions of purchase. Bureau of Veterinary Medicine sweetened food. The other suggestions are not incorporated in this order. (e) Frozen concentrate for artificially Division of Veterinary Medical Review. Therefore, on the basis of the infor­ sweetened lemonade is labeled to con­ Division of Veterinary New Drugs. mation supplied by the petitioners, com­ form to the labeling requirements pre­ Division of Veterinary Research. ments received, and other relevant in­ scribed for foods which purport to be or formation, it is concluded that it will are represented for special dietary use 3. Section 8.1 Definitions and inter­promote honesty and fair dealing in the by regulations promulgated pursuant to pretations is amended by changing in interest of consumers to establish a defi­ section 403(j) of the act. paragraph (e) the “Bureau of Scientific nition and standard of identity for Any person who will be adversely af­ Standards and Evaluation,” to read frozen concentrate for artifically sweet­ fected by the foregoing order may at any “Bureau of Science,”. ened lemonade os hereinafter set forth. time within 30 days following the date Accordingly, pursuant to the authority of its publication in the F ederal R egister Effective date. This order is effective vested in the Secretary of Health, Edu­ file with the Hearing Clerk, Department upon publication In the F ederal cation, and Welfare by the Federal Food, of Health, Education, and Welfare, Room Register. Drug, and Cosmetic Act (secs. 401, 701, 5440, 330 Independence Avenue SW.f

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12020 RULES AND REGULATIONS

Washington, D.C. 20201, written objec­ Stays of effective date were announced reimbursement type contract nor cost- tions thereto. Objections shall show in the F ederal R egister of June 26,1959 reimbursement subcontract thereunder, wherein the person filing will be ad­ (24 FJt. 5216), for §§ 27.101(e)(1) and and no such contract or subcontract may versely affected by the order and specify 27.102(b) (3). As of December 14, 1966, provide or be amended to provide for with particularity the provisions of the the subject-order deletes § 27.101(e)(1) allowance of such interest as an item of order deemed objectionable and the and ends the stay of effective date on cost. grounds for the objections. If a hearing § 27.102(b) (3). is requested, the objections must state 2. In § 163.60, paragraph 2 of the form, (Secs. 401, 701, 52 Stat. 1046, 1055 as amended following the heading “Determinations”, the issues for the hearing, and such 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) objections must be supported by grounds is revised to read as follows: Dated: September 7, 1966. legally sufficient to justify the relief § 163.60 Findings, determinations, and sought. Objections may be accompanied J. K. K irk, authorizations. by a memorandum or brief in support Acting Commissioner of ***** thereof. All documents shall be filed in Food and Drugs. Determinations six copies. [F.R. Doc. 66-10024; Filed, Sept. 13, 1966; 8:47 a.m.] 2. Upon the basis of the foregoing findings, Effective date. This order shall be­ I hereby determine that the making of the come effective 60 days from the date of proposed advance payments with interest of its publication in the F ederal R egister, 6 percent per annum on the unliquidated except as to any provisions that may be balance of such advance payments (without stayed by the filing of proper objections. Title 32— NATIONAL DEFENSE interest except as provided by the proposed Notice of the filing of objections or lack advance payment clause) (is in the public Chapter I— Office of the Secretary of interest) (will facilitate the national de­ thereof will be announced by publica­ fense) . tion in the F ederal R egister. Defense ♦ * * * * (Secs. 401, 701, 52 Stat. 1046, 1055, as SUBCHAPTER E— DEFENSE CONTRACT amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. FINANCING 3. In § 163.64-2, paragraph (n) of the 341,371) advance payment provisions is revised PART 163— DEFENSE CONTRACT Dated: September 7, 1966. to read as follows: FINANCING REGULATIONS J. K. K irk, § 163.64—2 Advance payment provi­ Acting Commissioner of Miscellaneous Amendments sions. Food and Drugs. Part 163 is amended as follows: * * * * * [F.R. Doc. 66-10023; Filed, Sept. 13, 1966; 1. Section 163.53 is revised to read as (n) Designations and determinations—(1) follows: Amount. The amount of advance payments 8:47 a.m.] at any time outstanding hereunder shall not § 163.53 Interest. exceed $______(or alternatively:) (1) Amount. The aggregate amount of PART 27— CANNED FRUITS AND (a) Interest will be charged on all the advance payments to be made hereunder FRUIT JUICES advance payments hereafter authorized, (less the aggregate amounts paid or with­ at the rate of 6 percent per annum on the drawn pursuant to paragraph (4)) shall not Frozen Concentrate for Lemonade and unliquidated balance : Provided, however, exceed $______for Colored Lemonade Advance payments may be approved (2) Depository. The bank designated for without interest when in connection with the deposit of payments made hereunder Confirmation of Effective D ate of shall b e ______Order Amending I dentity S tandards nonprofit contracts with nonprofit edu­ (3) Interest charge. Interest shall be cational or research institutions for ex­ charged in the manner provided herein at In the matter of amending the defini­ perimental, research and development the rate of 6 percent per annum. (In the tion and standard of identity for frozen work, or on nonprofit contracts in the de­ case of advance payments made without in­ concentrate for lemonade (21 CFR pendents’ medical care program, or on terest, insert the following:) No interest 27.101) with respect to heat treatment contracts solely for the management and shall be charged for advance payments made of the lemon juice ingredient and label­ operation of Government-owned plants, hereunder, except as provided for in para­ ing requirements pertaining to lemon oil; graph (k)(v)(b). The Contractor shall or, in unusual cases when specifically charge interest at the rate of 6 percent per and amending the definition and stand­ authorized by the Under or Assistant annum on subadvances or down payments ard of identity for colored lemonade (21 Secretary responsible for the comptroller to subcontractors, and such interest will be CFR 27.102) with respect to permitted function. In this connection, contraèts credited to the account of the Government. colorings and labeling therefor: for acquisition of facilities at cost, for However, interest need not be charged on In response to the order in the above- Government ownership, in combination subadvances on nonprofit subcontracts with identified matter published in the F ed­ with or in contemplation of supply con­ nonprofit educational institutions for ex­ eral R egister of June 17, 1966 (31 F.R. tracts or subcontracts, will be treated as periment, research or development work. 8493), one firm submitted a letter pro­ ordinary profit contracts requiring in­ (4) Administering office. The office ad­ testing certain provisions or lack of terest on advance payments. This in­ ministering advance payments is designated provisions therein. It is concluded that terest rate applies to increases and as - _____ .______—• said letter does not meet the require­ extensions. • * • * • ments of section 701(e) (2) of the Federal (b) Contracts with interest-free ad­ Food, Drug, and Cosmetic Act and, there­ vance payments, hereafter authorized, [Rev. 18 ASPR, Aug. 1, 1966] (Sec. 2202, 70A fore, does not justify staying the subject should provide that the contractor will Stat. 120; 10 U.S.C. 2202. Interpret or apply order and scheduling a hearing. charge interest at the rate of six percent secs. 301, 702(d), 64 Stat. 800, 816, as amend­ Accordingly, pursuant to the provisions per annum on subadvances or downpay­ ed, secs. 2307, 7364, 70A Stat. 131, 455, as of the Federal Food, Drug, and Cosmetic ments to subcontractors, and that inter­ amended, sec. 1, 72 Stat. 972; 50 U.S.C. App. Act (secs. 401, 701, 52 Stat. 1046, 1055, est charged on such subadvances or 2091, 2152(d), 10 U.S.C. 2307, 7364, 50 U.S.C. as amended 70 Stat. 919, 72 Stat. 948; downpayments will be credited to the 1431, E.O. 10480, 18 F.R. 4939, 3 CFR 1953 21 U.S.C. 341, 371), and under the au­ account of the Government. However, Supp., E.O. 10789, 23 F.R. 8897, unless other­ thority delegated to the Commissioner of interest need not be charged on subad­ wise noted) Food and Drugs by the Secretary of vances on nonprofit subcontracts with Health, Education, and Welfare (21 CFR nonprofit educational or research insti­ K enneth G. W ickham, 2.120; 31 F.R. 3008), notice is given that tutions for experimental, research, or Major General, U.S. Army the amendments promulgated by that development work. The Adjutant General. order will become effective December 14, (c) Interest on advance payments will [F.R, Doc. 66-9996; Filed, Sept. 13, 1966; 1966. not be allowed as a cost under any cost- 8:45 am.]

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 RULES AND REGULATIONS 12021

tractor"; and the modification necessary opment with educational institutions, Title 41— PUBLIC CONTRACTS if AECPR 9-12.103-51 applies). Article B-20—Contract Work Hours 5. Section 9-16.5002-2, Outline of a Standards Act—Overtime Compensation, AND PROPERTY MANAGEMENT cost-plus-a-fixed-fee supply contract is revised to read as follows: Chapter 9— Atomic Energy (performed by, commercial concerns in § 9—16.5002—9 Outline of cost-type con­ contractor’s facilities), paragraph (16) tract for research and development Commission is revised to read as follows: with educational institutions. PART 9-7— CONTRACT CLAUSES § 9—16.5002—2 Outline of a cost-plus-a- ***** Subpart 9—7.50— Use of Standard fixed-fee supply contract (performed Article B-20—Contract Work Hours by commercial concerns in contrac­ Standards Act—Overtime Compensation Clauses tor’s facilities). Insert Article in . FPR 1-12.303 with the PART 9-12— LABOR * * * * * modification necessary if AECPR 9-12.103-51 (16) Contract Work Hours Standards Act— applies. Subpart 9—12.1— Basic Labor Policies Overtime Compensation—FPR 1-12.303 with ***** the modification necessary if AECPR Subpart 9-12.9-^-Service Contract 9-12.103-51 applies; or Walsh-Healey Public (Sec. 161, Atomic Energy Act of 1954, as Act of 1965 Contracts Act, FPR 1-12.605, if the contract amended, 68 Stat. 948, 42 U.S.C. 2201; sec. exceeds $10,000. 205, Federal Property and Administrative PART 9-16— PROCUREMENT FORMS Services Act of 1949, as amended, 63 Stat. * * * * * 390, 40 T7.S.C. 486) Subpart 9—16.50— Contract Outlines 6. Section 9-16.5002-4, Outline of a Effective date. These amendments are Miscellaneous Amendments cost-plus-a-fixed-fee construction con­ effective upon publication in the F ederal tract, Article XXII-Labor, is revised to R egister. 1. Section 9-7.5004-13, Contract Work read as follows: Hours Standards Act—Overtime Com­ Dated at Germantown, Md., this 8th pensation, is revised to read as follows: § 9-16.5002-4 Outline of a cost-plus-a- day of September 1966. fixed-fee construction contract. § 9-7.5004-13 Contract Work Hours * * * * * For the U.S. Atomic Energy Commis­ Standards Act— Overtime Compensa­ Article XXII—Labor. sion. tion. (a) Davis-Bacon Act (Act of Mar. 3, 1931, J oseph L.-Smith, See FPR 1-12.303 and AECPR as amended; 40 U.S.C. 276a and following)— Director, Division of Contracts. 9-12.103-51. Insert contract clause set forth in Standard Form 19A with the modification necessary [F.R. Doc. 66-9994; Filed, Sept. 13, 1966; 2. Section 9-7.5004-15, Labor (con­ if AECPR 9-12.103-51 applies. 8:45 a.m.] . struction contracts), is revised to read as (Note: This clause includes provisions follows: required by regulations of the Department of Labor. Part 3, Title 29, Subtitle A, Code § 9—7.5004—15 Labor (construction con­ of Federal Regulations (7 F.R. 687 as tracts). amended) and Part 5, Title 29, Subtitle A, Title 50— WILDLIFE AND See FPR 1-16.901-19A and AECPR Code of Federal Regulations (16 F.R. 4430) 9-12.103-51. as amended.) FISHERIES (b) Contract Work Hours Standards Act— 3. The following section is added: Overtime Compensation. Insert contract Chapter I— Bureau of Sport Fisheries § 9—12.103—51 Retention of payroll and clause set forth in Standard Form 19A with and Wildlife, Fish and Wildlife associated records. the modification necessary if AECPR 9— Service, Department of the Interior 12.103-51 applies. Under certain cost-type contracts for PART 32— HUNTING the management and operation of ABC * * * * * facilities, for the construction of major 7. Section 9-16.5002-5, Outline of a Montezuma-National Wildlife Refuge, facilities, and for necessary miscellaneous cost-plus-a-fixed-fee architect-engineer N.Y. construction incidental to the function contract, Article XXIII—Labor, para­ of these facilities, the title to payroll and graph (a) is revised to read as follows: The following special regulation is is­ associated records is in the Government sued and is effective on date of publica­ and such records are disposed of in ac­ § 9—16.5002—5 Outline of a cost-plus-a- tion in the F ederal R egister. The lim­ cordance with AEC directions. For such fixed-fee architect-engineer contract. ited time ensuing from the date of the contracts, the Solicitor of Labor has * * * * * adoption of the Federal migratory game granted a tolerance from the Depart­ Article XXIII—Labor. bird regulations to and including estab­ ment of Labor Regulations to omit from (a) Contract Work Hours Standards Act— lishment of State hunting seasons makes the prescribed labor clauses the require­ Overtime Compensation. Insert contract it impracticable to give public notice of ment for the retention of payrolls and clause set forth in FPR 1-12.303 with the proposed rule making. modification necessary if AECPR 9-12.103-51 associated records for a period of 3 years applies. § 32.12 Special regulations; migratory after completion of the contract. Under * * * * * game birds; for individual wildlife this tolerance, the records retention re­ refuge areas. quirements for all labor clauses in the 8. Section 9-16.5002-6, Outline of a contract and the Fair Labor Standards lump-sum architect-engineer contract N ew Y ork Act is satisfied by disposal of such records (with cost reimbursement features), in accordance with AEC directives. Article XVI—Labor, paragraph (a) is MONTEZUMA NATIONAL WILDLIFE REFUGE 4. Section 9-12.904-1, Clause for Fed­ revised to read as follows: The public hunting of ducks, geese eral service contracts in excess of $2,500, § 9—16.5002—6 Outline of a lump-sum (except snow geese), brant and coots on is revised to read as follows: architect-engineer contract (with the Montezuma National Wildlife Ref­ cost reimbursement features). uge, N.Y., is permitted from October 15, § 9-12.904—1 Clause for Federal serv­ 1966, through November 20, 1966, inclu­ ice contracts in excess of $2,500. # ♦ * * * sive, on Tuesdays, Thursdays, and Satur­ Subcontracts awarded by contractors Article XVI—Labor. days only, and only on the area desig­ operating and managing AEC facilities (a) Contract Work Hours Standards Act— nated by signs as open to hunting. This shall include the clause in FPR 1-12.904-1 Overtime Compensation. Insert contract open area, known as the Storage Pool, with appropriate modifications (e.g., sub­ clause set forth in FPR 1-12.303 with the modification necessary if AECPR 9-12.103-51 comprises 1,340 acres and is delineated stitutions of “operating contractor" for applies. on maps available at refuge headquar­ Contracting Officer” and “Govern­ ters, Seneca Falls, N.Y., and from the Re­ ment"; “subcontractor” for “Govern- ***** gional Director, Bureau of Sport Fish­ f 16»*' ^r“ne Contractor" and “Contrac­ 9. Section 9-16.5002-9, Outline of cost- eries and Wildlife, U.S. Post Office and tor ; “sub-subcontractor” for “subcon­ type contract for research and devel­ Courthouse, Boston, Mass. 02109. Hunt-

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12022 RULES AND REGULATIONS ing shall be in accordance with all appli­ cable State and Federal regulations Title 46— SHIPPING covering the hunting of ducks, geese (ex­ cept snow geese), brant and coots subject Chapter IV— Federal Maritime to the following special conditions: Commission (1) All hunters must have a special permit obtained in advance of the hunt. SUBCHAPTER B— REGULATIONS A F F E C T IN G Applications for permit must be post­ MARITIME CARRIERS AND RELATED ACTIVITIES marked no later than October 1. Selec­ [General Order 4; Arndt. 9; Docket No. 66-2] tion of applications will be by public drawing. PART 510— LICENSING OF INDEPEND­ Successful applicants must appear in ENT OCEAN FREIGHT FORWARDERS person at the refuge hunter checking station prior to one hour before local Subpart B— Duties and Obligations shooting time on the date reserved. (2) Saturday, October 22, 1966, and Oceangoing Common Carriers and P er­ Saturday, October 29, 1966, will be re­ sons Shipping for Ow n Account; served for the Young Waterfowler’s Correction Training Program Hunt. A brochure In the last sentence of the sedond para­ describing this program is also available. graph of the prefatory language of the (3) Hunting will be only from speci­ document published in the F ederal R eg­ fied blinds or shooting positions. ister on September 3, 1966 (31 F.R. (4) Hunters must provide a minimum 11652), the phrase “the originating car­ of six duck decoys and will be limited to rier” should read “the originating for­ 20 shells each, with shot size no larger warder”. than #2. The provisions of this special regula­ In the second sentence of the third tion supplement of the regulations which paragraph of the prefatory language of govern hunting on wildlife refuge areas the above-mentioned document, the generally, which are set forth in Title phrase “paid to the carrier” should read 50, Code of Federal Regulations, Part 32, “paid to the forwarder”. and are effective through November 20, 1966. By the Commission. R ichard E. G riffith, Regional Director, Bureau of [seal! F rancis C. Hurney, Sport Fisheries and Wildlife. Special Assistant to the Secretary. [FJR. Doc. 66-10031; Filed, Sept. 13, 1966; [F.R. Doc. 66-10011; Filed, Sept. 13, 1966; 8:48 a.m.] 8:46 a.m.]

FEDERAL REGISTER, V O L 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12023 Proposed Rule Making

quarantined and specifying regulated Notice is hereby given that the said DEPARTMENT OF AGRICULTURE areas in said State for purposes of the public hearing is rescheduled and will be regulations, if it is determined that such held December 6, 1966, beginning at 10 Agricultural Research Service action is necessary. a.m., local time, at the Shreveporter, 3880 [ 7 CFR Part 301 1 A public hearing to consider the above Greenwood Road, Shreveport, La. proposals will be held before a repre­ Signed at Washington, D.C., on Sep­ PINK BOLLWORM sentative of the Agricultural Research tember 8,1966. Service in Room B-109, State Building, Notice of Public Hearing on Extending 1350 Front Street, San Diego, Calif., at Clarence H. Girard, Quarantine to State of California 10 a.m., P.d.t., on October 4, 1966, at Deputy Administrator, and Notice of Rule Making Relat­ which hearing any interested person may Regulatory Programs. appear and be heard, either in person ing to Such Quarantine and Supple­ [F.R. Doc. 66-10015; Filed, Sept. 13, 1966; mental Regulations or by attorney, on the proposals. 8:46 a.m.] Any interested person who desires to The Deputy Administrator of the Agri­ submit written data, views, or arguments cultural Research Service has informa­ on the proposals may do so by filing the tion that the pink boll worm, Pecti- same with the Director of the Plant Pest nophora gossypiella Saund., a dangerous Control Division, Agricultural Research ATOMIC ENERGY COMMISSION insect which previously has been found Service, U.S. Department of Agriculture, MO CFR Part 30 1 to exist in certain parts of the States of Federal Center Building, Hyattsville, Arizona, Arkansas, Louisiana, New Mex­ Md. 20782, on or before October 10, 1966, MARINE NAVIGATIONAL ico, Oklahoma, and Texas, has been dis­ or with the presiding officer at the hear­ INSTRUMENTS covered in certain parts of the State of ing. All written submissions made pur­ California. suant to this notice will be made avail­ Proposed Exemption of Tritium Notice is hereby given that it is pro­ able for public inspection at such times posed under the authority of sections 8 and places and in a manner convenient By letter dated March 3,1966, Brookes and 9 of the Plant Quarantine Act of to the public business (7 CFR 1.27(b)). & Gatehouse, Inc., filed a petition with 1912, as amended, and section 106 of the the Atomic Energy Commission request­ (Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33; 7 Federal Plant Pest Act (7 U.S.C. 161,162, U.S.C. 162, 150ee. Interprets or applies sec. ing exemption from licensing require­ 150ee), to quarantine the State of Cali­ 8, 37 Stat. 318, as amended; 7 U.S.C. 161; ments for electrical meters containing fornia and to regulate, under the pink 29 F.R. 16210, as amended) tritium-activated light sources used for bollworm quarantine and supplemental marine purposes. The light sources de­ regulations (7 CFR 301.52, 301.52-1 et Done at Washington, D.C., this 9th scribed by the petitioner are small glass seq.), the interstate movement from this day of September 1966. capsules, internally coated with a phos­ State, or areas therein where the pink phor which is activated by tritium gas in [seal] B. J. Anderson, bollworm has been discovered or other the capsule. Such instruments are used basis for regulation exists, into or Deputy Administrator, Agricultural Research Service. for the measurement of boat speed, depth through any other State, Territory, or of water, wind direction, etc. The in­ District of the United States of (1) okra [F.R. Doc. 66-10042; Filed, Sept. 13, 1966; struments described by the petitioner are and kenaf, including all parts of the 8:48 a.m. ] electrically operated and capable of being plants; (2) cotton and wild cotton, in­ electrically illuminated. However, the cluding all parts of both cotton and wild electric power is sometimes supplied by cotton plants; (3) seed cotton; (4) cot­ Consumer and Marketing Service batteries so that it is desirable to avoid ton lint; (5) cotton linters; (6) cotton even the small power consumption of a waste produced at cotton gins, cotton­ E 7 CFR Part 1096 ] low wattage lamp. Much marine instru­ seed oil mills, or textile mills; (7) gin [Docket No. AO-257-A13] mentation has been transistorized for trash; (8) cottonseed; (9) cottonseed this and other reasons. hulls; (10) cottonseed cake; (11) cotton­ MILK IN NORTHERN LOUISIANA The Commission has given careful con­ seed meal; (12) used bagging and other MARKETING AREA sideration to the petition and is consid­ used wrappers for cotton; (13) used cot­ ering a finding that exemption from ton harvesting equipment; and (14) Notice of Rescheduled Hearing on licensing requirements for the receipt, other farm products, other farm equip- Proposed Amendments to Tentative possession, use, transfer, export, owner­ ment, farm household goods, ginning Marketing Agreement and Order ship, and acquisition of tritium-luminous and oil mill equipment, other cotton marine navigational instruments, under Processing machinery, and means of Pursuant to the provisions of the Agri­ the conditions set out in the proposed conveyance, and, unlimited by the fore­ cultural Marketing Agreement Act of amendments, will not constitute an un­ going, any other products and articles 1937, as amended (7 U.S.C. 601 et seq.), reasonable risk to the common defense of any character whatsoever, not within and the applicable rules of practice and and security and to the health and safety numbers (1) through (13) above, when procedure governing the formulation of of the public. it is determined in accordance with the marketing agreements and marketing The proposed amendment to 10 CFR regulations (§§ 301.52-1 to 301.52-10) orders (7 CFR Part 900), notice was is­ Part 30 which follows would exempt such that they present a hazard of spread of sued August 23, 1966 (31 F.R. 11318) instruments by revising § 30.15(a) (5). the pink bollworm. giving notice of a public hearing to be The exemption for marine compasses Further, notice is hereby given under held at the Shreveporter, 3880 Green­ containing not more than 750 millicuries section 4 of the Administrative Proce­ wood Road, Shreveport, La., beginning at of tritium, presently provided in § 30.15 dure Act (5 U.S.C. 1003) that the Agri­ 10 a.m., local time, on September 15,1966, (a) (5), would be extended to exempt cultural Research Service proposes to with respect to proposed amendments to other marine navigational instruments amend the pink bollworm quarantine and the tentative marketing agreement and containing not more than 250 millicuries /?m^ s^ra'^ve instructions thereunder to the order, regulating the handling of of tritium gas. In addition, the proposed 301,52> 301.52-2a) by adding milkin the Northern Louisiana market­ amendment would require the tritium California to the States designated as ing area. content of the presently exempted ma-

No. 178— 4 FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12024 PROPOSED RULE MAKING rine compasses to be in the physical form dose received by a person occupying such forth in section 81 of the Act and from of gas. a space would not exceed 2 millirem, or the regulations in Parts 20 and 30-36 of The present exemption in § 30.15(a) 2 percent of the annual exposure received this chapter to the extent that such per­ does not apply to the manufacture or im­ from natural background. son receives, possesses, uses, transfers, port for sale or distribution of the prod­ The types of instruments under con­ exports, owns, or acquires the following ucts listed. Criteria for the issuance of sideration have relatively long useful products: a specific license to manufacture or im­ lives, perhaps as long as 20 years. Much * * * * * port exempted items, and certain report­ of the tritium would decay during the (5) Marine compasses containing not ing and quality control requirements, are life of the instrument or within the in­ more than 750 millicuries of tritium gas set forth in §§ 32.14, 32.15, 32.16, and strument after its disposal as trash. and other marine navigational instru­ 32.110,10 CFR Part 32, “Specific Licenses Even if broken or obsolete instruments ments containing not more than 250 to Manufacture, Distribute, or Import were to be processed to reclaim metallic millicuries of tritium gas. Exempted and Generally Licensed Items components, contamination of scrap and Containing Byproduct Material,” and reprocessed metal is not a significant 4« 4c 4c ♦ 4s consideration. While a very small frac­ (Sec. 81, 68 Stat. 935; 42 Ü.S.G. 2111; sec. would apply to manufacture or import of 161, 68 Stat. 948; 42 U.S.C. 2201) marine navigational instruments under tion of any tritium gas released might be the proposed exemption. absorbed on metallic surfaces, it would Dated at Germantown, Md., this 2d day The Commission has determined that be driven off during smelting or other of September 1966. marine navigational instruments are purification processes. The petitioner For the Atomic Energy Commission. items intended for use by the gen­ has estimated that the annual market for eral public. Accordingly, pursuant to his instruments in the United States is W. B. McCool, § 150.15(a) (6), 10 CFR Part 150, “Ex­ not likely to exceed 1,000. If a factor of Secretary. emptions and Continued Regulatory Au­ 100 is assumed to account for other [F.R. Doc. 66-9995; Filed, Sept. 13, 1966; thority in Agreement States Under Sec­ manufacturers, and if each instrument is 8:45 a.m.] tion 274”, the transfer of their possession assumed to contain the proposed maxi­ or control by the manufacturer, proces­ mum amount of tritium, 250 millicuries, sor, or producer, is subject to the Com­ the total amount of tritium used an­ mission’s licensing and regulatory re­ nually could approach 25,000 curies. SMALL BUSINESS quirements even if the product is manu­ This quantity may be compared to the factured pursuant to an agreement natural production of approximately 8 ADMINISTRATION State1 license. A manufacturer, proces­ million curies per year of tritium in the sor, or producer of marine navigational atmosphere by cosmic radiation. It has [ 13 CFR Part 121 1 instruments containing tritium, when lo­ been calculated that naturally produced [Rev. 6] cated in an agreement State, would be tritium delivers an environmental ex­ required to file an application with the posure of approximately 0.003 millirem SMALL BUSINESS SIZE STANDARDS Commission for a specific license author­ per year. izing the transfer of such instruments. An exemption for marine navigational Definition of a Small Business The application should meet the criteria instruments containing tritium would be Manufacturer of §32.14 (b), (c), and (d), 10 CFR consistent with the consumer product criteria published in the F ederal R egis­ Notice is hereby given that the Admin­ Part 32. istrator of the Small Business Adminis­ There does not appear to be any sig­ ter on March 16, 1965 (30 F.R. 3462), which set out the essential terms of the tration proposes to amend the Small nificant hazard associated with the pos­ Business Size Standards Regulation session and use of tritium-luminous ma­ Commission’s policy with respect to the approval of the use of byproduct and (Rev. 6), as amended, by establishing rine navigational instruments. Since new definitions of a small business man­ tritium emits only a very low energy beta source material in products intended for use by the general public without the im­ ufacturer for the purpose of bidding on particle which is completely shielded by Government procurements for passenger the walls of the glass capsule in which position of regulatory controls on the user. car and motorcycle pneumatic tires, the gas is sealed, there is no external ra­ truck, and bus pneumatic tires, and pas­ diation hazard. So long as the tritium Pursuant to the Atomic Energy Act of 1954, as amended, and the Adminis­ senger automobiles. gas is confined in the glass capsule, it is The present definition of a small busi­ not available for uptake into the body. trative Procedure Act of 1946, notice is hereby given that adoption of the follow­ ness manufacturing concern for the pur­ However, in the event of severe damage pose of bidding on Government procure­ to the instrument, the capsule might be ing amendment to 10 CFR Part 30 is con­ templated. All interested persons who ments for the above products is a ruptured and the tritium gas dispersed concern which is independently owned in the air. The types of instruments desire to submit written comments or suggestions for consideration in connec­ and operated, is not dominant in the under consideration are usually installed field of operation in which it is bidding in the wheelhouse or cockpit of a ship or tion with the proposed amendments should send them to the Secretary, U.S. and, together with its affiliates, employs boat, which, if not completely open to the no inore than 1,000 employees. air, is subject to considerable ventilation. Atomic Energy Commission, Washing­ ton, D.C. 20545, within 60 days after pub­ Section 2 of the Small Business Act The rapid dilution of the tritium gas by provides for the preservation and expan­ air, and the fact that data indicate that lication of this notice in the F ederal R egister. Comments received after that sion of competition and states that the less than 0.1 percent of the tritium gas declared policy of Congress is that the inhaled into the lungs is retained in the period will be considered if it is practical to do so, but assurance of consideration Government should aid, counsel, assist body, assure that the radiation exposure and protect, insofar as possible, the in­ which might be received as a result of cannot be given except as to comments filed within the period specified. terests of small business concerns in damage to a tritium-luminous instru­ order to preserve free competitive enter­ ment would be very small. For example, 1. Subparagraph (5) of §30.15 (a) is amended to read as follows: prise and to insure that a fair propor­ if by some accident 250 millicuries of tion of the total purchases and contracts tritium gas, the maximum instrument § 30.15 Certain items containing tritium or subcontracts for property and services content being considered, were released or promethium 147. for the Government will be placed with into a volume of 10 cubic meters, with a (a) Except for persons who apply trit­ small business enterprises. ventilation rate of only 10 air changes ium or promethium 147 to, or persons In order to increase small business, per hour, the total internal radiation who incorporate tritium or promethium participation in Government procure­ ment, a “Small Business Set-Aside Pro­ 1A State to which the Commission has 147 into, the following products, or per­ transferred certain regulatory authority over sons who import for sale or distribution gram” was established. The purpose of radioactive material by formal agreement, the following products containing tritium the program is to provide the opportunity pursuant to sec. 274 of the Atomic JSnergy or promethium 147, any person is exempt for qualified small business concerns to Act of 1954, as amended. from the requirements for a license set compete for a “fair share” of Govem-

FEDERAL REGISTER, VOL. 31, NO. 178-^-WEDNESDAY, SEPTEMBER 14, 1966 PROPOSED RULE MAKING 12025

ment contracts without increasing pro­ smaller firms, if they exist, in addition to it is bidding and, together with its affili­ curement costs. effects on the very large firms, the uti­ ates, produces less than 5 percent of the SBA has the authority and responsi­ lization of capacity in the industry to de­ total shipments of the passenger car and bility to determine size standards, which termine probable price versus output ad­ motorcycle pneumatic tires or truck and define “small business” for each SIC in­ justments, etc. bus and off-the-road pneumatic tires, or dustry, and to issue a “Certificate of The automotive tire industry is highly passenger automobiles. Competency” determining that the firm concentrated. This pertains to the two In addition, any manufacturer in order is competent as to capacity and credit industry product classes, Passenger Car to qualify as a small business for Govern­ to perform the specific contract. The and Motorcycle Pneumatic Tires (SIC ment procurement assistance must have Government procurement agencies have 30111) and Truck and Bus (and off-the- produced less than 10 percent of the the final decision as to whether a pro­ road) Pneumatic Tires (SIC 30112). In total value of the products produced curement is to be set-aside. 1958, the four leaders accounted for 74 during the preceding calendar year in While administrative practices, rules, percent of value of product shipped that field of operation in which it is and criteria have changed somewhat over and the eight leaders accounted for 88 primarily engaged. time, the principal thrust of the program percent of value of product shipped. Interested persons may file with the has been to assist small business in ob­ By 1965, only 14 domestic firms pro­ Deputy Administrator for Procurement taining Government contracts, but with­ duced automotive tires. This is to be and Management Assistance within out necessarily enhancing competition in contrasted with 23 companies in 1945. thirty (30) days after the publication certain industries. However, by1 careful The degree of concentration has been in­ of this proposal, written statements of and selective revision of size standards creasing due to vertical acquisitions of facts, opinions, or arguments concerning for certain industries, considerable im­ distribution outlets. There are no sig­ the appropriate definition of a small pact may be made in carrying out the nificant barriers to competition with business for Government procurement of congressional intent of enhancing com­ reference to production technology. passenger car and motorcycle pneumatic petition via Government procurement Optimum plant size is estimated to tires or trucks and bus and off-the-road without increasing procurement costs. be 5,000-10,000 tire casings per day. A pneumatic tires and passenger auto­ The principal needs and greatest poten­ plant producing 10,000 tires per day will mobiles. tial impacts appear to be in the manu­ account for approximately 2 percent of All correspondence on this matter facturing sector of the economy. current tire production. Hence, a firm should be addressed to: Until 10 years ago, the size standard which may account for a very small por­ for all firms engaged in manufacturing Deputy Administrator for Procurement and tion of the market would be of sufficient Management Assistance, Small Business was set at 500 employees. That is, firms size to produce efficiently. Administration, 811 Vermont Avenue NW,, with at most 500 employees were classi­ The degree of concentration in the Washington, D.C. 20416, Attention: Size fied as “small business” for Government passenger car industry (SIC 37171) is Standards Staff. procurement. It has been recognized by extremely high. In 1958, the four largest SBA that the definition of small business companies accounted for 99 percent of It is proposed to change the definition is dependent on the structure of the par­ the value of shipments. While there are of a small business manufacturing con­ ticular industry if competition within the four major firms, only three may be cern for the purpose of bidding on industry is to be preserved and strength­ considered as dominant in the industry. Government procurements of pneumatic ened. At the present time, the range of During the first 7 months of calendar tires within Census Classification Codes industry size standards for the manufac­ year 1966, the three largest firms ac­ 30111 and 30112 and passenger auto­ turing sector runs from 500 to 1,000 counted for approximately 97 percent of mobiles within Census Classification employees. sales. At the same time, the fourth firm Code 37171, as follows: While the need for careful and selec­ can likely be competitive with respect The Small Business Size Standards tive revision of size standards for specific to capacity and price for Government Regulation (Rev. 6), (31 F.R. 9721), as industries has been recognized, current procurement. Provided that size stand­ amended (31 F.R. 10114,______), is size standards for certain industries are ards are revised accordingly, the opera­ hereby further amended by: ineffective in preserving or increasing tion of the partial set-aside can provide 1. Adding to Schedule B the product competition through Government pro­ the needed opportunity for such com­ classes and size standards as follows: curement. Significant increases in size petition. Of course, other firms with standards in highly concentrated indus­ very tiny market shares may be in a Census tries are necessary to enhance competi­ classifi­ Industry Employment position to benefit as well, provided that cation size standard tion by firms that may be considered they can meet the output and price con­ code large in absolute size though small in ditions. market shares. While these industries differ in degree, 30111 Passenger cars and motor­ See footnote 6. For some industries, present size stand- the three industries are highly concen­ cycle pneumatic tires ards do not provide for effective competi­ (casings). trated. Also, the volume of Govern­ 30112 Trucks and bus (and off-the- See footnote 6. tive impact through procurement. If ment procurement for products pro­ road) penumatic tires. 37171 Passenger cars (knocked See footnote 6. significant revisions of size standards for duced by these industries is substantial. down or assembled). these industries were implemented, an If these size standards are revised and important enhancement of effective com­ an effective set-aside program is pur­ «.The size standards for SIC 30111, 30112, and 37171 are petition -could be realized without in­ sued, there is every reason to expect that set forth in sections 121.3-8(b)(5) and 121.3-8(b)(6) creasing procurement costs. Candidate competition will be effectively increased respectively of this part. industries include, but are not limited to, with no increase in procurement prices. 2. Revising paragraph (b) of § 121.3-8 those with very few or no firms which can For these reasons, SBA finds that in to read as follows: meet p r e s e n t size standards. Firms order to carry out the intent and purpose which are large in absolute size, but small of section 2 of the Small Business Act § 121.3—8 Definition of small business in market shares, can then effectively it is necessary to amend the present defi­ for Government procurement. compete with the giants in highly con­ nition of a small business manufacturer * * * * * centrated industries. of passenger car and motorcycle pneu­ (b) Manufacturing. Any c o n c e r n The determination of industries for matic tires, truck and bus and off-the- bidding on a contract for a product it which size standards are to be revised road pneumatic tires and passenger auto­ manufactured is classified: must, of course, be accomplished in a mobiles for Government procurement (1) As small if it is bidding on a con­ very careful and judicious manner, purposes. Therefore, it is proposed to tract for a product classified within an 1.*}ere are several factors to be con­ establish a new definition of a small busi­ industry not set forth in Schedule B of sidered. Among these are the competi­ ness manufacturing these products as this part and its number of employees tive structure of the industry, the dollar follows: Any concern which is inde­ does not exceed 500 persons. aiue and distribution of procurements, pendently owned and operated, not domi­ (2) As small if it is bidding on a con­ he probable effects of competition on nant in its field of operation in which tract for food canning and preserving

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12026 PROPOSED RULE MAKING and its number of employees does not Classification Codes 30111 and 30112: in Census Classification Code 37171, exceed 500 persons, exclusive of agricul­ Provided, That (i) the value of the pneu­ which it manufactured or otherwise tural labor as defined in section (k) of matic tires within Census Classification produced during the preceding calendar the Federal Unemployment Tax Act, 68A Codes 30111 and 30112, which it manu­ year was less than 5 percent of the total Stat., 454, 26 U.S.C. (I.R.C. 1954) 3306. factured or otherwise produced during value of such cars manufactured or (3) As small if it is bidding on a con­ the preceding calendar year was less otherwise produced in the United States tract for petroleum, other than lubri­ than 5 percent of the total value of such during said period, and (ii) the value of cants and miscellaneous petroleum prod­ tires manufactured or otherwise pro­ the principal product or those products ucts, and its number of employees does duced in the United States during said which it manufactured or otherwise pro­ not exceed 1,000 persons and it does not period, and (ii) the value of the princi­ duced or sold during the preceding calen­ have more than 30,000 barrels-per-day pal product or those products which it dar year is less than 10 percent of the crude-oil capacity from owned or leased manufactured or otherwise produced or total value of that product or those facilities. sold during the preceding calendar year products manufactured or otherwise (4) As small if it is bidding on a con­ is less than 10 percent of the total value produced or sold in the United States tract for a product classified within an of such product or those products manu­ during said period. industry set forth in Schedule B of this factured or otherwise produced or sold in Dated: September 6, 1966. part and its number of employees does the United States during said period. (6) As small if it is bidding on a con­ B ernard L. B outin, not exceed the size standard established Administrator. for that industry. tract for passenger cars within Census (5) As small if it is bidding on a con­ Classification Code 37171: Provided, That [F.R. Doc. 66-9965; Filed, Sept. 13, 1966; tract for pneumatic tires within Census (i) the value of the passenger cars with­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12027 Notices

thereto as in its discretion it deems war­ R 117-30 Packaging of dental plaster, in­ DEPARTMENT OF THE INTERIOR ranted. vestment, and artificial stone. R 130-32 Dental lathe grinding wheels. National Park Service Dated: September 9, 1966. R 137-32 Dental cone-socket mirrors. [Order 1] By order of the Maritime Subsidy R 195-46 Dental excavating burs. Board. R 210-45 Carbon brush terminals (elec­ ADMINISTRATIVE ASSISTANT, CAPI- tric) . J ames S. D awson, Jr., CS 12—48 Fuel oils. TOL REEF NATIONAL MONUMENT Secretary. CS 29—31 Staple seats for water-closet Delegation of Authority Regarding [F.R. Doc. 66-10041; Filed, Sept. 13, 1966; bowls. 8:48 a.m.] CS 38-32 Hospital rubber sheeting. Execution of Contracts for Sup­ CS 40-32 Sturgeons’ rubber gloves. plies, Equipment or Services CS 41-32 Surgeons’ latex gloves. CS 44-32 Apple wraps. The Administrative Assistant may National Bureau of Standards. CS 58-36 Woven elastic fabrics for use in execute and approve contracts not in CERTAIN SIMPLIFIED PRACTICE REC­ overalls. excess of $2,500 for supplies, equipment, CS 65—43 Methods of analysis and of re­ or services in conformity with applicable OMMENDATIONS AND COMMER­ porting fiber composition of regulations and statutory authority and CIAL STANDARDS textile products. subject to availability of appropriations. CS 148-50 Men’s circular flat and rib knit Notice of Action on Proposed rayon underwear. (National Park Service Order 34 (31 F.R. CS 156-49 Colors for polystyrene plastics. 4255) ; 39 Stat. 535, 16 U.S.C., sec. 2; South­ Withdrawal west Region Order 4 (31 F.R. 8134)) In accordance with the “Procedures Dated: Septembers, 1966. Dated: July 19,1966. for the Development of Voluntary Prod­ A. V. Ast in, uct Standards” (15 CFR Part 10; 30 F.R. Director. H arry P. Linder, 238, Dec. 10, 1965), public notice is here­ Superintendent, [F.R. Doc. 66-10048; Filed, Sept. 13, 1966; by given of the extension from Septem­ 8:49 a.m.] Capitol Reef National Monument. ber 15, 1966 (31 F.R. 2562, Feb. 9, 1966), [F.R. Doc. 66-10014; Filed,^Sept. 13, 1966; to January 15, 1967, of the proposed 8:46 a.m.J “ withdrawal of three voluntary stand­ ards: Simplified Practice Recommenda­ tion R16—53, Lumber (American Lumber DEPARTMENT OF HEALTH, EDU­ Standards for Softwood Lumber), Com­ DEPARTMENT OF COMMERCE mercial Standard CS57-40, Book cloths, CATION, AND WELFARE buckrams, and impregnated fabrics for Food and Drug Administration Maritime Administration bookbinding purposes, except library bindings, and Commercial Standard AMERICAN CYANAMID CO. UNITED STATES LINES CO. CS32—31, Cotton cloth for rubber and proxylin coating. Notice of Filing of Petition for Food Notice of Application for Approval Also, in accordance with the same pro­ Additives of Certain Cruises cedures, public notice is hereby given of Pursuant to the provisions of the Fed­ Notice is hereby given that United the withdrawal of 21 Simplified Practice eral Food, Drug, and Cosmetic Act (sec. States Lines Co., acting pusuant to Pub­ Recommendations and 10 Commercial 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 lic Law 87-45, has applied to the Mari­ Standards, effective September 15, 1966. (b) (5)), notice is given that a petition time Administration for approval of the Public notice of the proposed with­ has been filed by American Cyanamid Co., following cruises by the “SS United drawal of these standards was published Post Office Box 400, Princeton, N.J. 08540, States’ on February 9, 1966 (31 F.R. 2562). proposing the issuance of a regulation to This withdrawal action terminates the provide for the safe use of 2-acetyl- authority to refer to these published Departs Arrives amino-5-nitrothiazole for the prevention New New Itinerary standards from the effective date of this or treatment of blackhead (histomonia- York York withdrawal. The 21 Simplified Practice 1967 1967 sis) in turkeys, alone or in combination Recommendations and the 10 Commer­ with low-level antibiotics added for cial Standards involved in this action, growth promotion and feed efficiency. Feb. 4 Feb. 13 Cristobal, Curacao, St. Thomas. listed numerically, follow: Mar. 4 Mar. 10 St. Thomas. Mar. U Mar. 20 Dated: September 6,1966. Apr. 7 St. Thomas, Trinidad, Curacao. R 5-24 Hotel chinaware. Apr. 16 Nassau, St. Thomas, Martinique, R 13-28 Structural slate. Bermuda. J. K. K irk, R 14-28 Roofing slate. Acting Commissioner of R 25-24 Hot-water storage tanks. Food and Drugs. Any person, firm, or corporation hav- R 33-25 Cafeteria and restaurant china- any interest, within the meaning of ware. [F.R. Doc. 66-10025; Filed, Sept. 13, 1966; Public Law 87-45, in the foregoing who R 34-24 Warehouse forms. 8:47 a.m.] desires to offer data, views, and argu­ R 39-25 Dining-car chinaware. R 40-25 Hospital chinaware. ments should submit the same in writing, R 54-26 Sterling silver flatware. CHAS. PFIZER & CO., INC. a Ìr!plicate, to the Secretary, Maritime R 55-26 Tinware, galvanized and ja­ h +t1(*y Boar<^' Washington, D,C. 20235, panned ware. Notice of Filing of Petition for Food ?QRe c^ose °* business on September 30, R 56-35 Carbon brushes (carbon, graph­ Additives 1966. in the event an opportunity to ite, and metalgraphite) and present oral argument is also desired, brush shunts. Pursuant to the provisions of the Fed­ R 66-27 Automobile brake lining. eral Food, Drug, and Cosmetic Act (sec. c reason for such request should R 73-27 One-piece procelain insulators. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 also be included. Tlie Maritime Subsidy R 106-41 Hospital plumbing fixtures. (b) (5)), notice is given that a petition oard will consider these comments and R 108-44 Dental hypodermic needles. (FAP 5A1660) has been filed by Chas. lews and take such action with respect R 116-30 Dental brush wheels. Pfizer & Co., Inc., 235 East 42d Street,

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12028 NOTICES

New York, N.Y. 10017, proposing an This permit expires July 8,1967. amendment to § 121.1164 Synthetic fla­ Dated: September 6,1966. FEDERAL MARITIME COMMISSION voring substances and adjuvants to pro­ AMERICAN PRESIDENT LINES, ET AL. vide for the safe use of 3-hydroxy-2- J. K. K irk, ethyl-4H-pyran-4-one (ethyl maltol) as Acting Commissioner of Vacation of Order To Cancel Pas­ a food flavor. Food and Drugs. senger Agency Agreements Dated: September 6,1966. [P.R. Doc. 66-10027; Filed, Sept. 13, 1966; Whereas, the Commission, by order 8:47 am.] dated April 1, 1966 proposed to drop J. K. K irk, from its records certain passenger agency Acting Commissioner of agreements listed in the addendum to Food and Drugs. FLOUR DEVIATING FROM IDENTITY STANDARD said order; and [P.R. Doc. 66-10026; Piled, Sept. 13, 1966; Whereas, affected parties were re­ 8:47 a.m.] Notice of Temporary Permit for quired to protest or object to said action Market Testing on or before July 7, 1966, if they.desired to stay the effectiveness of said order; PILLSBURY CO. Pursuant to § 10.5, Title 21, Code of and Federal Regulations, concerning tem­ Whereas, the affected parties did so Notice of Filing of Petition for Food porary permits for market testing foods protest on or before the effective date Additive Calcium Stearyl-2-Lactylate deviating from the requirements of of the order and furnish information in­ standards of identity promulgated pur­ dicating the existence of some degree of Pursuant to the provisions of the Fed­ suant to section 401 of the Federal Food, anticompetitiveness in the arrangements eral Food, Drug, and Cosmetic Act (sec. Drug, and Cosmetic Act, notice is given covered by the subject agreements; 409(b)(5), 72 stat. 1786; 21 U.S.C. 348 that a temporary permit has been issued Now therefore, by virtue of the au­ (b) (5)), notice is given that a petition to International Milling Co., Inc., 1200 thority vested in the Commission: (FAP 6A1911) has been filed by the Pills- Investors Building, Minneapolis, Minn. It is ordered, That the order of April 1, bury Co., 608 Second Avenue South, Min­ 55415, to cover interstate marketing tests 1966, be and is hereby vacated and the neapolis, Minn. 55402, proposing an of flour deviating from toe requirements agreements listed in the addendum to amendment to § 121.1047 Calcium stea- of the standard of identity (21 CFR said order be and are hereby continued ryl-2-lactylate to provide for the safe use 15.1) in that it will contain ascorbic as active approved agreements in the of calcium stearyl-2-lactylate as a con­ acid in a quantity not to exceed 200 parts files of the Commission. per million as a dough conditioner. The ditioning agent in dehydrated potato By the Commission. flakes in an amount not to exceed 0.5 presence of the ascorbic acid is to be percent by weight of the potato flakes. prominently and conspicuously displayed F rancis C. H urney, on the label. Special Assistant to the Secretary. Dated: September 6,1966. This permit expires July 8, 1967. [P.R. Doc. 66-10012; Piled," Sept. 13, 1966; J. K. K irk, Dated: September 6, 1966. 8:46 a.m.] Acting Commissioner of Food and Drugs. J. K. K irk, Acting Commissioner of AMERICAN MAIL LINE AND REDE- [P.R. Doc. 66-10029; Filed, Sept. 13, 1966; Food and Drugs. 8:47 ajn.] RIAKTIEBOLAGET NORDSTJERNAN [F.R. Doc. 66-10028; Piled, Sept. 13, 1966; (JOHNSON LINE) 8:47 a.m.] Notice of Agreement Filed for ENRICHED BREAD DEVIATING FROM Approval IDENTITY STANDARD Notice is hereby given that the fol­ CIVIL AERONAUTICS BOARD lowing agreement has been filed with the Notice of Temporary Permit for [Docket No. 17692] Commission for approval pursuant to Market Testing PORT COLBORNE FLYING SERVICE section 15 of the Shipping Act, 1916, as Pursuant to § 10.5, Title 21, Code of amended (39 Stat. 733, 75 Stat. 763, 46 Federal Regulations, concerning tempo­ Notice of Hearing U.S.C. 814). rary permits for market testing foods de­ Interested parties may inspect and Application for a foreign air carrier obtain a copy of the agreement at the viating from the requirements of stand­ permit, issued pursuant to section 402 of ards of identity promulgated pursuant to Washington office of the Federal Mari­ the Federal Aviation Act of 1958, as time Commission, 1321 H Street NW., section 401 of the Federal Food, Drug, amended, to perform operations of a and Cosmetic Act, notice is given that Room 609; or may inspect agreements casual, occasional, or infrequent nature at the office of the District Managers, a temporary permit has been issued to in common carriage from Canada into American Bakeries Co., 10 South River­ New York, N.Y., New Orleans, La., and the United States. San Francisco, Calif. Comments with side Plaza, Chicago, 111. 60606, to cover Notice is hereby given, pursuant to the interstate marketing tests of enriched reference to an agreement including a provisions of the Federal Aviation Act request for hearing, if desired, may be bread and enriched rolls or enriched buns of 1958, as amended, that a hearing on produced from flour containing ascorbic submitted to the Secretary, Federal the above-entitled application is as­ Maritime Commission, Washington, D.C. acid at a maximum level of 200 parts per signed to be held on September 15, 1966, million as a dough conditioner. The 20573, within 20 days after publication at 10 a.m., e.d.s.t., in Room 911, Univer­ of this notice in the F ederal R egister. standard of identity for this food (21 sal Building, 1825 Connecticut Avenue CFR 17.2) does Hot provide for the use A copy of any such statement should also NW., Washington, D.C., before Examiner be forwarded to the party filing the of such flour. Joseph L. Fitzmaurice. Since the ascorbic acid is destroyed agreement (as indicated hereinafter) during baking, and there is no recogniz­ Dated at Washington, D.C., Septem­ and the comments should indicate that able difference in bread characteristics ber 8,1966. this has been done. attributable to the fact that the bread Notice of agreement filed for approval [seal] T homas L. W renn, by: dough was prepared from ascorbic acid Associate Chief Examiner. treated flour, it is not required that the Mr. W. R. Purnell, District Manager, Amer­ bread label declare that the flour used [P.R. Doc. 66-10030; Piled, Sept. 13, 1966; ican Mail Line, 601 California Street, Suite contained ascorbic acid. 8:47 a.m.] 610, San Francisco, Calif. 94108.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12029 Agreement 9288-1, between American required to be constructed by Applicant Description: Notice of change, undated. Mail L in e and Rederiaktiebolaget to enable it to render the proposed natu­ Purchaser and producing area: El Paso Nordstjeman (Johnson Line), proposes ral gas service. The additional service Natural Gas Co. (Custer Mountain Unit, Lea to amend the transshipment arrange­ will be provided in such daily quantity of County, New Mexico), (Permian Basin Area). ment between the parties to provide for Rate schedule designation: Supplement gas as Applicant has available and PG&E No. 1 to Featherstone's FPC Gas Rate Sched­ transshipment at Penang, Port Swetten- may request up to the extent of the avail­ ule No. 4.2 ham, and Singapore or ports in Japan able capacity of Applicant's existing Effective date: September 8,1966.» in addition to transshipment at Hong facilities. Performance of the service Amount of annual increase: $11,627. Kong and adds certain language relative will, however, be subject to the availabil­ Effective rate: 16.0 cents per Mcf* to Commission approval of all changes ity of natural gas from Applicant’s Proposed rate: 18.0 cents per Mcf.8 or modifications to the agreement prior several sources of supply and the satis­ Pressure base: 14.65 psia. to any implementation thereof. faction of priority requirements of Ap­ Featherstone request that their pro­ Dated: September 9, 1966. plicant’s customers served from its posed rate increase be permitted to be­ pipeline system. come effective as of August 1, 1966, the By order of the Federal Maritime The proposed sale and delivery to contractually provided effective date. Commission. PG&E will be performed under Appli­ Good cause has not been shown for waiv­ Thomas Lis i, cant’s Rate Schedule G-K-2, FPC Gas ing the 30-day notice requirement pro­ Secretary. Tariff, Volume No. 1. vided in section 4(d) of the Natural Gas [P.R. Doc. 66-10013; Piled, Sept. 13, 1966; Protests or petitions to intervene may Act to permit an earlier effective date for 8:46 a.m.] be filed with the Federal Power Commis­ Featherstone’s rate filing and such re­ sion, Washington, D.C. 20426, in accord­ quest is denied. ance with the rules of practice and pro­ Featherstone proposes a periodic rate cedure (18 CFR 1.8 or 1.10) and the regu­ increase for 16.0 cents to 18.0 cents per FEDERAL POWER COMMISSION lations under the Natural Gas Act Mcf, amounting to $11,627 annually, for [Docket No. CP67-51] (157.10) on or before October 7, 1966. a sale of “new gas-well gas to El Paso Natural Gas Co. from the Custer Moun­ EL PASO NATURAL GAS CO. Take further notice that, pursuant to the authority contained in and subject tain Unit, Lea County, N. Mex. (Permian Notice of Application to the jurisdiction conferred upon the Basin Area of New Mexico).® The ap­ Federal Power Commission by sections 7 plicable area base rate for the subject S eptember 8, 1966. and 15 of the Natural Gas Act and the sale is 15.5 cents per Mcf, plus applicable Take notice that on September 6,1966, Commission’s rules of practice and pro­ taxes. Since the proposed increased rate El Paso Natural Gas Co. (Applicant), cedure, a hearing will be held without of 18.0 cents per Mcf exceeds the ap­ Post Office Box 1492, El Paso, Tex. 79999, further notice before the Commission on plicable area rate, we conclude that it filed in Docket No. CP67—51 an applica­ this application if no protest or petition should be suspended for 5 months from tion pursuant to section 7(c) of the Natu­ to intervene is filed within the time re­ September 8,1966, the date of expiration ral Gas Act for a certificate of public quired herein, if the Commission on its of the statutory notice. convenience and necessity authorizing a own review of the matter finds that a The proposed changed rate and charge limited-term, best efforts sale and de­ grant of the certificate is required by may be unjust, unreasonable, unduly dis­ livery of natural gas to Pacific Gas & the public convenience and necessity. If criminatory, or preferential, or other­ Electric Co. (PG&E) by use of Applicant’s a protest or petition for leave to inter­ wise unlawful. existing facilities, all as more fully set vene is timely filed, or if the Commission The Commission finds: It is necessary forth in the application which is on file on its own motion believes that a formal and proper in the public interest and to with the Commission and open to public aid in the enforcement of the provisions inspection. hearing is required, further notice of such hearing will be duly given. •of the Natural Gas Act that the Com­ The application states that Applicant mission enter upon a hearing concern­ and PG&E have entered into a letter Under the. procedure herein provided ing the lawfulness of the proposed agreement dated July 28, 1966, whereby for, unless otherwise advised, it will be change, and that Supplement No. 1 to Applicant has agreed, inter alia, to sell unnecessary for Applicant to appear or Featherstone’s FPC Gas Rate Schedule and deliver to PG&E an additional an­ be represented at the hearing. No. 4 be suspended and the use thereof nual quantity of 36,500,000 Mcf of natu­ J oseph H. G utride, deferred as hereinafter ordered. ral gas. The additional deliveries will Secretary. The Commission orders: oe made for a limited term, on an inter- (A) Pursuant to the authority of the best efforts basis, and will be [F.R. Doc. 66-9999; Filed, Sept. 13, 1966; Natural Gas Act, particularly sections additional to the presently certificated 8:45 a.m.] 4 and 15 thereof, the Commission’s rules nrm daily quantity of 1,025,000 Mcf. of practice and procedure, and the regu­ ime limited term for which certification lations under the Natural Gas Act (18 is requested will commence on a date co­ [Docket No. RI67-50] CFR Ch. 1), a public hearing shall be incident with receipt by PG&E from Ap- OLEN F. FEATHERSTONE, JET AL. held upon a date to be fixed by notice o °f a11 gas Paid for but not taken from the Secretary concerning the law­ Dy PG&E under Applicant’s Rate Sched­ Order Providing for Hearing on and fulness of the proposed increased rate ule g and deliverable under the Service Suspension of Proposed Chapge in and charge contained in Supplement No. Agreement between the parties dated . Rate 1 to Featherstone’s FPC Gas Rate Sched­ 13, 1965, or from January 1, ule No. 4. S eptember 1, 1966. r w ’uwhichever first occurs, through (B) Pending such hearing and decision 31’ 1967’ or Applicant be- On August 8, 1966, Olen F. Feather- thereon, Supplement No. 1 to Feather­ i w ,e*fv?ries on a firm basis of an addi- stone, et al. (Featherstone)l, tendered for stone’s FPC Gas Rate Schedule No. 4 is uonal daily quantity of 100,000 Mcf of filing a proposed change in their pres­ hereby suspended and the use thereof naturai gas to PG&E( whichever later ently effective rate schedule for sales of deferred until February 8, 1967, and ut»CUI*S. natural gas subject to the jurisdiction of thereafter until such further time as it the Commission. The proposed change, tw p?licant proposes to render the addi- 2 Contract dated Dec. 14, 1964, and covers rr^Y^rvioe through maximum utiliza- which constitutes an increased rate and sale of “new” gas well gas. fanmi lts ?r®sently certificated pipeline charge, is contained in the following des­ 3 The stated effective date is the first day cnrmTt? at the existing point of inter- ignated filing: after expiration of the statutory notice. Pr*?^tl0n between Applicant and * Initial rate. 5 Periodic rate increase. ArS?S Present systems located on the 1 Address is: Roswell Petroleum Building, tinnoina7C£ilifornla border. No addi- Roswell, N.M. 88201. Attention: Mr. Charles 6 Featherstone is not a respondent in 1 pipeline facilities are proposed or Opinion No. 468 and has not filed a small W. Hicks, General Manager. producer certificate application.

FEDERAL REGISTER, VOL. 31, NO. 178-— WEDNESDAY, SEPTEMBER 14, 1966 12030 NOTICES is made effective in the manner pre­ ther notice before the Commission on Protests or petitions to intervene may scribed by the Natural Gras Act. this application if no protest or petition be filed with the Federal Power Commis­ (C) Neither the supplement hereby to intervene is filed within the time re­ sion, Washington, D.C. 20426, in accord­ suspended, nor the rate schedule sought quired herein, if the Commission on its ance with the rules of practice and pro­ to be altered thereby, shall be changed own review of the matter finds that a cedure (18 CFR 1.8 or 1.10) and the until this proceeding has been disposed grant of the certificate is required by the regulations under the Natural Gas Act of or until the period of suspension has public convenience and necessity. If a (157.10) on or before October 3, 1966. expired, unless otherwise ordered by the protest or petition for leave to intervene J o se ph H. G u t r id e, Commission. is timely filed, or if the Commission on its Secretary. own motion believes that a formal hear­ (D) Notices of intervention or peti­ [F.R. Doc. 66-10002; Filed, Sept. 13, 1966; tions to intervene may be filed with the ing is required, further notice of such 8:45 a.m.] Federal Power Commission, Washington, hearing will be duly given. D.C. 20426, in accordance with the rules Under the procedure herein provided of practice and procedure (18 CFR 1.8 for, unless otherwise advised, it will be [Docket No. CP67—49 ] unnecessary for Applicant to appear or and 1.37(f)) on or before October 17, NORTHERN NATURAL GAS CO. 1966. be represented at the hearing. Notice of Application By the Commission. J o se ph H. G u tr id e, Secretary. S eptem ber 8, 1966. [seal] J o se ph H. G u tr id e, [F.R. Doc. 66-10001; Filed, Sept. Î3, 1966; Secretary. Take notice that on August 31, 1966, 8:45 a.m.] Northern Natural Gas Co. (Applicant), [F.R. Doc. 66-10000; Filed, Sept. 13, 1966; 2223 Dodge Street, Omaha, Nebr., filed 8:45 a.m.] in Docket No. CP67-49 an application [Docket No. G—18686] pursuant to section 7(c) of the Natural MISSISSIPPI RIVER TRANSMISSION Gas Act for authority to construct and [Docket No. CP67—50] CORP. operate certain compression facilities in MICHIGAN WISCONSIN PIPE LINE CO. Ochiltree County, Tex., all as more fully Notice of Petition To Amend set forth in the application which is on Notice of Application S e pt e m b e r 7,1966. file with the Commission and open to public inspection. S e pt e m b e r 7,1966. Take notice that on August 31, 1966, Specifically, Applicant requests au­ Take notice that on September 1,1966, Mississippi River Transmission Corp. thority to construct and operate one 660 Michigan Wisconsin Pipe Line Co. (Ap­ (Petitioner), 9900 Clayton Road, St. hp. compression unit which will be plicant), 1 Woodward Avenue, Detroit, Louis, Mo. 63124, filed in Docket No. G- utilized for minimum day take and one Mich. 48226, filed in Docket No. CP67-50 18686 a petition to amend the order is­ 1,320 hp. unit which will be utilized for sued in the instant docket on June 30, average day takes. For peak day oper­ an application pursuant to section 7(c) 1959, by authorizing Petitioner to deliver of the Natural Gas Act for a certificate ations, both units would be placed in of public convenience and necessity au­ for sale natural gas on both firm and service. Applicant states that the two thorizing the construction and operation interruptible bases to Armour Agricul­ units are needed to offset the declining of certain natural gas facilities, all as tural Chemical Co. (Armour), an existing wellhead pressure. direct sale customer of Petitioner now The total estimated cost of the pro­ more fully set forth in the application only receiving interruptible service, all which is on file with the Commission and posed facilities is $668,900 which amount as more fully set forth in the petition to will be financed from cash on hand. open to public inspection. amend which is on file with the Commis­ Specifically, Applicant seeks authori­ sion and is open to public inspection. Protests or petitions to intervene may zation for the construction and opera­ Pursuant to the Commission’s order be filed with the Federal Power Commis­ tion of a sales measuring station to pro­ sion, Washington, D.C. 20426, in accord­ issued June 30, 1959, in the instant ance with the rules of practice and pro­ vide a new delivery point for North Cen­ proceeding to Petitioner’s predecessor in tral Public Service Co. (North Central) cedure (18 CFR 1.8 or 1.10) and the regu­ on Applicant’s existing Iowa lateral south interest, Mississippi River Fuel Corp., lations under the Natural Gas Act of Fort Madison, Iowa. North Central, Petitioner is presently authorized to (157.10) on or before October 6, 1966. an existing resale customer of Applicant, transport for sale to Armour, for use in Take further notice that, pursuant to has requested Applicant to provide the its chemical plant near Crystal City, Mo., the authority contained in and subject to new delivery point to enable North Cen­ a daily average of up to 13,000 Mcf of the jurisdiction conferred upon the Fed­ tral to deliver and sell natural gas to a natural gas on an interruptible basis. eral Power Commission by sections 7 and new plant which Fruehauf Corp. has un­ Petitioner states that Armour has re­ 15 of the Natural Gas Act and the Com­ der construction. Peak day and annual quested the delivery henceforth of 8,400 mission’s rules of practice and procedure, natural gas requirements are estimated Mcf per day of its supply on a firm basis, a hearing will be held without further at 500 Mcf and 80,000 Mcf, respectively, this quantity representing the approxi­ notice before the Commission on this which North Central proposes to serve mate portion of its total natural gas application if no protest or petition to initially within the limits of its presently requirements utilized as raw material. intervene is filed within the time re­ effective service agreement. The petition shows that Armour and quired herein, if the Commission on its The total estimated cost of the pro- Petitioner have entered into a letter own review of the matter finds that a posed facilities is $24,296, which amount agreement dated August 17, 1966, pro­ grant of the certificate is required by the will be financed with funds on hand. viding for new firm and interruptible gas public convenience and necessity. If a Protests or petitions to intervene may contracts, with the firm contract calling protest or petition for leave to intervene be filed with the Federal Power Commis­ for a contract demand of 8,400 Mcf per is timely filed, or if the Commission on sion, Washington, D.C. 20426, in accord­ day and the interruptible contract for an its own motion believes that a formal ance with the rules of practice and pro­ estimated daily maximum of 6,600 Mcf. hearing is required, further notice oi cedure (18 CFR 1.8 or 1.10) and the reg­ According to the petition, the 15,000 Mcf such hearing will be duly given. ulations under the Natural Gas Act aggregate quantity in the proposed con­ Under the procedure h e re in provided (157.10) on or before October 6, 1966. tracts reflects the fact that on individual for, unless otherwise advised, it will be Take further notice that, pursuant to days total plant requirements may ex­ unnecessary for Applicant to appear or ceed 13,000 Mcf,, but that as in the past, be represented at the hearing. the authority contained in and subject to average daily deliveries over a contract the jurisdiction conferred upon the Fed­ J o se ph H. G utride, . eral Power Commission by sections 7 and year will not exceed 13,000 Mcf. Secretary. 15 of the Natural Gas Act and the Com­ Petitioner states that no additional facilities are required by Applicant in [F.R, Doc. 66-10003; Filed, Sept. 13, 1966; mission’s rules of practice and proce­ 8:45 a.m.] dure, a hearing will be held without fur- order to effectuate the instant proposal.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12031

[Docket No. CP66-363] tember 9, 1966, through September 18, The Agreement provides that, upon 1966, both dates inclusive. UNITED GAS PIPE LINE CO. purchase of the land by Hancock, By the Commission. NEPSCO and Hancock will enter into a Notice of Petition To Amend lease which provides for an annual [seal] Orval L. DtrBois, rental during the construction period September 7, 1966. Secretary. equal to 6 percent of the purchase price Take notice that on September 1,1966, [F.R. Doc. 66-10006; Filed, Sept. 13, 1966; of the land. During construction United Gas Pipe Line Co. (Petitioner), 8:46 a.m.] NEPSCO would also be obligated for Post Office Box 1407, Shreveport, La. payment of interest to Hancock, at the 71102, filed in Docket No. CP66-363 a rate of 6 percent per annum, on expendi­ petition to amend the order issuing a [File No. 70-4405] tures for the cost of the new building, certificate of ^public convenience and NEW ENGLAND ELECTRIC SYSTEM which is estimated at about $5,500,000. necessity on August 15, 1966, in the in­ At the completion of construction, which stant docket by deleting therefrom au­ Notice of Filing Requesting Author­ is expected to be not later than Sep­ thorization to construct and operate ization for Extension of Credit tember 1, 1969, the initial term, 30 facilities for the metering of up to 1,000 years, of the lease commences, expiring Mcf of natural gas per day to Beacon Oil September 8,1966. concurrently with the end of the initial & Refining Co. (Beacon), Rusk County, Notice is hereby given that New Eng­ term of the computer center Lease. The Tex., all as more fully set forth in the land Electric System (“NEES”), 441 Agreement further provides for an an­ petition which is on file with the Com­ Stuart Street, Boston, Mass. 02116, a nual rental of $526,100 during the 30- mission and open to public inspection. registered holding company, has filed a year term, and an option for renewal Petitioner states that a subsequent re­ declaration, and an amendment thereto, for three successive periods of 5 years determination of the capacity of the with this Commission pursuant to the each at an annual rental of $292,900. facilities installed for service to Beacon Public Utility Holding Company Act of These rental payments are subject to under Docket No. CP66-52 has revealed 1935 (“Act”), designating section 12(b) adjustment under conditions specified that the facilities so installed will be of the Act and Rule 45 promulgated in the Agreement. Hancock will pay all ample to measure the volumes contem­ thereunder as applicable to the proposed property taxes, assessments for better­ plated to be sold to Beacon and that it transactions. All interested persons are ments, and for exterior repairs, and will will not be necessary to construct and referred to the amended declaration, carry specified insurance coverages. operate the metering facilities authorized which is summarized below, for a com­ Provisions also include adjustments of by the order of August 15, 1966. Based plete statement of the proposed trans­ the rent in the event property taxes are on such redetermination, Petitioner now actions. greater or less than $150,000 per year, requests that said order be amended to NEES proposes to extend its credit in as well as adjustments in the event as­ delete authorization for the construction respect of an Agreement and Supple­ sessments for betterments and expendi­ and operation of such metering facilities. mented Lease (“Agreement”) between tures for repairs or insurance vary ma­ Protests or petitions to intervene may John Hancock Mutual Life Insurance Co. terially from the estimates for such be filed with the Federal Power Com­ (“Hancock”) and New England Power items. The Agreement further provides mission, Washington, D.C. 20426, in ac­ Service Co. (“NEPSCO”) , a subsidiary for its termination in the event of con­ cordance with the rules of practice and service company of NEES which fur­ demnation, partial or total destruction, procedure (18 CFR 1.8 or 1.10) and the nishes services to NEES and its public or other conditions therein specified. regulations under the Natural Gas Act utility subsidiary companies. Such pro­ NEPSCO has an option to purchase the (157.10) on or before October 6, 1966. posed extension of credit is intended to leased property near the end of the assure or guaranty the payment of all initial term or any of the renewal terms. J oseph H. G utride, amounts payable by NEPSCO to Hancock Thè filing states that the Agreement was Secretary. under the Agreement. negotiated with Hancock after discus­ [F.R. Doc. 66-10004; Filed, Sept. 13, 1966; The Agreement between NEPSCO and sions with three other insurance com­ <8:45 a.m.] Hancock relates to land and improve­ panies, and that Hancock’s offer resulted ments to be constructed thereon in West- in the lowest cost to NEPSCO. borough, Mass. It provides, among other There are no fees or commissions to things, that Hancock will purchase land be paid by NEES in connection with the SECURITIES AND EXCHANGE from Massachusetts Electric Co. (“Mass. guaranty relating to the Agreement be­ Electric”), a subsidiary company of tween NEPSCO and Hancock, and serv­ COMMISSION NEES, at a price not in excess of $70,000, ices to be performed for NEES by which is equal to Mass.- Electric’s cost NEPSCO at actual cost are estimated not [File No. 1-3421] thereof and related expenses. In addi­ to exceed $2,509. The amended declara­ CONTINENTAL VENDING MACHINE tion, Hancock will provide funds for the tion states that no State commission and construction of an office building, a dis­ no Federal commission, other than this CORP. patching building, and related improve­ Commission, has jurisdiction over the Order Suspending Trading ments thereon, located adjacent to, and proposed transactions. sharing common facilities with, the Notice is further given that any inter­ September 8,1966. NEPSCO Treasury and Computer Build­ ested person may, not later than Septem­ It appearing to the Securities and Ex­ ing. The latter building is leased from ber 28, 1966, request in writing that a change Commission that the summary Hancock under a lease (“Lease”) dated hearing be held in respect of such mat­ suspension of trading in the common June 28,1963, as amended April 30,1965, ters, stating the nature of his interest, stock, 10 cents par value of Continental which Lease is to be supplemented by the reasons for such request, and the vending Machine Corp., and the 6 per­ the present Agreement. The new office issues of fact or law which he desires to cent convertible subordinated debentures building will house various other depart­ controvert; or he may request that he be hue September 1,1976, otherwise than on ments of NEPSCO, the executive offices notified should the Commission order a a national securities exchange is required for the NEES system and certain de­ hearing thereon. Any such request m the public interest and for the protec­ partments of New England Power Co., should be addressed: Secretary, Securi­ tion of investors; also a subsidiary company of NEES, all ties and Exchange Commission, Wash­ of which are now located in Boston, ington, D.C. 20549. A copy of such re­ It is ordered, Pursuant to section 15 Mass. The new buildings will permit quest should be served personally or by (c) (S) of the Securities Exchange Act of further centralization and consolidation mail (airmail if the person being served ^ a t trading in such securities of system operations at one location. is located more than 500 miles from the 0 erwise than on a national securities The proposed dispatching installation point of mailing) upon declarant at the will provide space for system dispatch­ above-stated address, and proof of serv­ exchange be summarily suspended, this ing facilities owned by New England order to be effective for the period Sep- ice (by affidavit or, in case of an attorney Power Co. at law, by certificate) should be filed con-

No. 178------5 FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12032 NOTICES Calif.), (3) from junction unnumbered temporaneously with the request. At posed operations unless filed within 130 days from the date of publication. highway and Interstate Highway 5 any time after said date, the declaration, (North Cottonwood Junction, Calif.) as amended, or as it may be further Successively filed letter notices of the same carrier under the Commission’s over Interstate Highway 5 to junction amended, may be permitted to become unnumbered highway (South Cotton­ effective in the manner provided by Rule deviation rules revised, 1957, will be num­ bered consecutively for convenience in wood Junction, Calif.), (4) from junction 23 of the general rules and regulations unnumbered highway and Interstate promulgated under the Act, or the Com­ identification and protests if any should refer to such letter notices by number. Highway 5 (North Red Bluff Interchange, mission may grant exemption from such Calif.) over Interstate Highway 5 to rules as provided in Rules 20(a) and 100 Motor Carriers of P roperty junction unnumbered highway (South thereof, or take such other action as it No. MC 35628 (Deviation No. 23), Willows Junction, Calif.), (5) from may deem appropriate. INTERSTATE MOTOR FREIGHT SYS­ junction unnumbered highway and In­ For the Commission (pursuant to dele­ TEM, 134 Grandville Avenue, SW., Grand terstate Highway 5 (North Red Bluff In­ gated authority). Rapids, Mich. 49502, filed August 29, terchange, Calif.) over Interstate High­ way 5 to junction unnumbered highway [seal] Orval L. D tjBois, 1966. Carrier proposes to operate as a Secretary. common carrier, by motor vehicle, of (South Red Bluff Interchange, Calif.), general commodities, with certain excep­ (6) from junction unnumbered highway [F.R. Doc. 66-10007; Filed, Sept. 13, 1966; tions, over deviation routes as follows: and Interstate Highway 5 (South Red 8:46 a.m.] (1) From Elyria, Ohio, over Interstate Bluff Interchange, Calif.) over Interstate Highway 90 to junction Ohio Highway 44, Highway 5 to Corning, Calif. thence over Ohio Highway 44 to junction (7) From Coming,' Calif., over Inter­ U.S. Highway 20, (2) from Van Wert, state Highway 5 to Orlamd, Calif., and INTERSTATE COMMERCE Ohio, over U.S. Highway 224 to junction (8) from Orland, Calif., over Interstate Interstate Highway 80S, thence over In­ Highway 5 to Willows, Calif., and return COMMISSION terstate Highway 80S to junction Inter­ over the same routes, for operating con­ venience only. The notice indicates that FOURTH SECTION APPLICATION FOR state Highway 76, thence over Interstate Highway 76 to Irwin, Pa., (3) from the carrier is presently authorized to RELIEF Brookville, Ind., over Indiana Highway transport passengers and the same prop­ September 9,1966. 1 to junction U.S. Highway 35, thence erty over a pertinent service route as fol­ Protests to the granting of an applica­ over U.S. Highway 35 to Muncie, Ind., lows: From the point where U.S. High­ tion must be prepared in accordance with and (4> from junction Indiana Highway way 99 intersects the Oregon-California 37 and Interstate Highway 69 over Inter­ State line, over U.S. Highway 99 to junc­ Rule 1.40 of the general rules of practice tion unnumbered highway (North Mount (49 CFR 1.40) and filed within 15 days state Highway 69 to Coldwater, Mich., and return over the same routes, for Shasta Interchange, Calif.), thence over from the date of publication of this no­ unnumbered highway to junction Inter­ tice in the F ederal R egister. operating convenience only. The notice indicates that the carrier is presently state Highway 5 (Castle Lake Junction), Long-and-S hort H aul authorized to transport the same com­ thence over Interstate Highway 5 to FSA No. 40701—Substituted service— modities over pertinent service routes as junction U.S. Highway 99 (Mott Junc­ Union Pacific Railroad, et al., for Osborn, follows: (1) From Elyria, Ohio, over U.S. tion), thence over Interstate Highway 5 Inc. Filed by Osborn, Inc. (No. 1), for Highway 20 to Painesville, Ohio, (2) from to Dunsmuir, thence over unnumbered itself and interested carriers. Rates on Van Wert, Ohio, over U.S. Highway 224 highway to junction Interstate Highway property loaded in trailers and trans­ to New Castle, Pa., thence over Pennsyl­ 5 (Castle Crags Junction), thence over ported on railroad flat cars, between vania Highway 18 to Wampum, Pa., Interstate Highway 5 to junction U.S. Boise, Idaho, and Salt Lake City, Utah, thence over Pennsylvania Highway 288 Highway 99 (North Shotgun Creek Junc­ on the one hand, and Chicago, HI., Mil­ to Zelienople, Pa., thence over U.S. High­ tion), thence over U.S. Highway 99 to waukee, Wis., Minneapolis, Minn., and way 19 to Pittsburgh, Pa., thence over Anderson, thence over Interstate High­ St. Louis, Mo., on the other. U.S. Highway 30 to Irwin, Pa., (3) from way 5 to junction unnumbered highway Grounds for relief—Motortruck com­ Brookville, Ind., over U.S. Highway 52 to (North Cottonwood Junction), thence over Interstate Highway 5 to junction petition. Rushville, Ind., thence over Indiana Highway 3 to Muncie, Ind., and (4) from unnumbered highway (North Red Bluff By the Commission. Indianapolis, Ind., over Indiana Highway Interchange), thence over unnumbered [seal] H. Neil Garson, 37 to Marion, Ind., thence over Indiana highway to junction U.S. Highway 99W Secretary. Highway 9 to Huntington, Ind., thence (Coming Road Interchange), thence over U.S. Highway 24 to Fort Wayne, over U.S. Highway 99W to junction Cali­ [F.R. Doc. 66-10032; Filed, Sept. 13, 1966; Ind., thence over U.S. Highway 27 to fornia Highway 16 (West Woodland), 8:48 ajn.l Coldwater, Mich., and return over the thence over California Highway 16 to same routes. junction California Highway 113 (Wood­ land) , thence over California Highway , [Notice 412} No. MC 1515 (Deviation No. 329) (Can­ cels Deviation No. 282), GREYHOUND 113 to junction Interstate Highway 80 LINES, INC. (Western Division), Market (South Woodland Junction). (Con­ MOTOR CARRIER ALTERNATE ROUTE nects with Oregon Route 14), and return DEVIATION NOTICES and Fremont Streets, San Francisco, Calif. 94106, filed August 29, 1966. Car­ over the same route. September 9, 1966. rier’s representative: W. T. Meinhold, By the Commission. 371 Market Street, San Francisco, Calif. The following letter notices of pro­ [seal] H. Neil Garson, posals to operate over deviation routes 94105/ Carrier proposes to operate as a Secretary. for operating convenience only have been common carrier, by motor* vehicle, of filed with the Interstate Commerce Com­ passengers and their baggage, and ex­ [F.R. Doc. 66-10033; Filed, Sept. 13, 1966; mission, under the Commission’s devia­ press and newspapers, in the same vehicle 8:48 ajn. ] tion rules revised, 1957 (49 CFR 211.1(c) with passengers, over deviation routes (8)) and notice thereof to all interested as follows: (1) From junction unnum­ persons is hereby given as provided in bered highway and Interstate Highway [Notice 964} such rules (49 CFR 211.1(d) (4)). 5 (North Mount Shasta Interchange, MOTOR CARRIER APPLICATIONS AND Calif.) over Interstate Highway 5 to Protests against the use of any pro­ CERTAIN OTHER PROCEEDINGS posed deviation route herein described junction unnumbered highway (Castle may be filed with the Interstate Com­ Lake Junction, Calif.), (2) from junction September 9,1966. unnumbered highway and Interstate merce Commission in the manner and The following publications are gov- form provided in such rules (49 CFR Highway 5 (Dunsmuir, Calif.), over In­ terstate Highway 5 to junction unnum­ emed by Special Rule 1.247 of the Coni- 211.1 (e)) at any time, but will not oper­ mission’s rules of practice, published ate to stay commencement of the pro­ bered highway (Castle Crags Junction,

FEDERAL REGlStER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12033 the F ederal R egister issue of April 20, iner J. Thomas Schneider, on a consoli­ grant, as compared to the notice of the 1966, which became effective May 20, dated record with No. MC 119767 (Sub- application as previously published, may 1966. No. 129). file an appropriate pleading. The publications hereinafter set forth No. MC 128539 (Amendment) filed No. MC 127864 (Republication), filed reflect the scope of the applications as August 24, 1966, published in F ederal January 14, 1966, published F ederal filed by applicant, and may include R egister issue of September 8, 1966, and R egister issue of February 3, 1966, and descriptions, restrictions, or limitations republished as amended this issue. Ap­ republished, this issue. A pplicant: which are not in a form acceptable to plicant: H & P TRANSIT COMPANY, a CLEVELAND BULK TRANSFER, INC., the Commission. Authority which ulti­ corporation, 518 East Park Street, Post COMMON CARRIER APPLICATION, mately may be granted as a result of the Office Box 1456, Kinston, N.C. 28501. East 68th Street and Berdelle, Cleve­ applications here noticed will not neces­ Applicant’s representative: Vaughan s. land, Ohio. (R etitled) PAUL W. sarily reflect the phraseology set forth Winbome, 1108 Capital Club Building, WILLS, INC., CONTRACT CARRIER in the application as filed, but also will Raleigh, N.C. 27601. Authority sought APPLICATION, East 68th Street and eliminate any restrictions which are not to operate as a common carrier, by motor Berdelle, Cleveland, Ohio. Applicant’s acceptable to the Commission., vehicle, over irregular routes, transport­ representative: Rex Eames, 1800 Buhl Applications Assigned for Oral H earing ing: Liquefied petroleum gas, in bulk, Building, Detroit, Mich. 48226. By ap­ in tank vehicles, (1) from Cheraw, S.C., plication filed January 14, 1966, appli­ MOTOR CARRIERS OF PROPERTY to points in North Carolina, and (2) cant seeks a certificate of public con­ No. MC 73165 (Sub-No. 220) (Amend­ from Apex and Goldsboro (Millers), venience and necessity authorizing op- ment) , filed March 7, 1966, published in N.C., to points in Virginia. Note: The eration, in interstate or foreign com­ Federal R egister March 31, 1966, purpose of this republication is to show merce, as a common carrier by motor amended September 2, 1966, and repub­ the application has been amended, and vehicle, over irregular routes, of scrap lished as amended, this issue. Applicant: also to reflect the hearing information. metal, in dump vehicles, from Elkton EAGLE MOTOR LINES, INC., 830 North HEARING: September 22, 1966, at the and Lapeer, Mich., to the international 33d Street, Birmingham, Ala. Appli­ U.S. Courtrooms, Uptown Post Office boundary line, between the United States cant’s representative: Robert M. Pearce, Building, Raleigh, N.C., before Joint and Canada, at or near Port Huron, Central Building, 1033 State Street, Board 196, or if the Joint Board waives Mich., restricted to the transportation Bowling Green, Ky. 42101. Authority its right to participate before Examiner of shipments destined to points in sought to operate as a common carrier, John L. York. Canada. An order of the Commission, by motor vehicle, over irregular routes, No. MC 123670 (Sub-No. 5) (Republi­ Operating Rights Board No. 1, dated transporting: Iron and steel and iron and cation), filed December 7, 1964, pub­ August 18, 1966, and served September steel articles, pipe, pipe couplings, pipe lished F ederal R egister issue of Feb­ 1, 1966, finds that operation by appli­ fittings, and accessories (except those re­ ruary 3, 1965, and republished, this cant, in foreign commerce only, as a quiring special equipment), between issue. Applicant: EARL R. CROWELL contract carrier by motor vehicle, over points in Alabama. Note: Applicant AND KENNETH L. CROWELL, a part­ irregular routes, of scrap metal, in dump states that it proposes to tack with its nership, doing business as CROWELL vehicles, from Elkton and Lapeer, Mich., present authority wherein it is authorized TRUCKING, 701 West St. Clair Street, to the port of entry on the international to operate in Arkansas, Florida, Georgia, Almont, Mich. (Reentitled) EARL R. boundary line between the United States Illinois, Indiana, Iowa, Kansas, Ken­ CROWEL AND KENNETH L. and Canada at or near Port Huron, tucky, Louisiana, Michigan, Mississippi, CROWEL, a partnership, doing busi­ Mich., restricted to the transportation Missouri, North Carolina, Ohio, Okla­ ness as CROWEL TRUCKING, 701 West of shipments destined to points in Can­ homa, Pennsylvania, South Carolina, St. Clair Street, Almont, Mich. Appli­ ada, under a continuing contract with Tennessee, Texas, Virginia, West Vir­ cant’s representative: John M. Veale, Luntz Iron & Steel Co., of Cleveland, ginia, and Wisconsin. The purpose of Suite 1700,1 Woodward Avenue, Detroit, Ohio, will be consistent with the public this republication is to include tacking Mich. By application filed December 7, interest and the national transportation and hearing information. 1964, applicant seeks a permit author­ policy; that applicant is fit, willing, and HEARING: Remains assigned Sep­ izing operations, in interstate or foreign able properly to perform such service tember 26, 1966, at the Hotel Thomas commerce, as a contract carrier by motor and to conform to the requirements of Jefferson, Second Avenue and 17th vehicle, over irregular routes, of canned the Interstate Commerce Act and the Street, North Birmingham, Ala., before and processed vegetables and mixes Commission’s rules and regulations Joint Board No. 100, or if the Joint Board thereof, from Imlay City and Detroit, thereunder. Because it is possible that waives its right to participate, before Mich., to points in Pennsylvania and other parties, who have relied upon the Examiner Garland E. Taylor. West Virginia, and pallets and refused notice of the application as published, No. MC 117940 (Sub-No. 3) (Amend­ and rejected shipments of the above may have an interest in and would be ment), filed October 29, 1965, published named commodities, on return, under a prejudiced by the lack of proper notice under MC I 14789 (Sub-No. 15), amended continuing contract with Vlasic Food of the authority described in the find­ ^ ™ iepublisl:ie(1> this issue. Applicant: Products Co. A decision and order of ings in this order, a notice of the author­ NATIONWIDE CARRIERS, INC., 721 the Commission, Operating Rights Re­ ity actually granted will be published Second Street SE., Minneapolis, Minn. view Board Number 3, dated August 26, in the F ederal R egister and issuance of Applicant’s representative: Donald L. 1966, and served September 6, 1966, as a permit in this proceeding will be with­ Stern, 630 City National Bank Building, amended, finds that operation by appli­ held for a period of 30 days from the date Omaha, Nebr. 68102. Authority sought cant, in interstate or foreign commerce, of such publication, during which pe­ operate as a common carrier, by mo­ as a contract carrier by motor vehicle, riod any proper party in interest may tor vehicle, over irregular routes, trans­ over irregular routes, of pickled vege­ file an appropriate protest or other porting: Frozen foods and canned goods, tables, in cans and containers, from pleading. mm st. James and Madelia, Minn., to Imlay City, Memphis, Bridgeport, and Notice o f F iling o f P etitions points in Kansas, Missouri, Oklahoma, Saginaw, Mich., to points in Pennsyl­ Arkansas, and Texas. N ote: The pur­ vania and West Virginia, limited to a No. MC 52460 (Sub-Nos. 2 and 23) pose of this republication is to show the transportation service to be performed (Notice of filing of petition to modify Proposed operation to be that of a com- under a continuing contract or contracts certificates), filed August 15,1966. Peti­ uurrier in lieu of a contract carrier with Vlasic Food Products Co. of Lath- tioner: HUGH BREEDING, INC., 1420 11 so 110 show the new docket No. rop Village, Mich. Prior to the issuance West 35th Street, Post Office Box 9515, Jin! xr(SUb' N°- 3) in UeU 0f MC H4789 of a permit herein, a proper notice of Tulsa, Okla. 74107. Petitioner’s repre­ * 85 Previously published. the scope of the authority granted here­ sentatives: James W. Wrape and Louis 10* a N'TIi VED HEARING: October 11, in be published-in the F ederal R egister I. Dailey, 2111 Sterick Building, Mem­ V « 5 ° ° m B~29* Federal Building in order to allow a 30-day period during phis, Tenn. 38103. Petitioner states S ? l? -? « Courthouse> l 10 South Fourth which any interested party who may be that it holds authority in MC 52460 eet, Minneapolis, Minn., before Exam­ affected by the broadened scope of such (Sub-No. 2), issued April 14, 1942, to

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12034 NOTICES transport, as follows: (1) Petroleum, transport general commodities, with Carbonated beverages and flavoring products, in bulk, in tank trucks, and stated exceptions, and various specified syrup (except in bulk, in tank vehicles), in containers, minimum 10,000 pounds, commodities over both regular and ir­ and advertising materials when moving over irregular routes, between points in regular routes, to operate in Connecticut, in connection therewith, from Waltham, that part of Kansas and Oklahoma, Maryland, Massachusetts, Michigan, New Mass., to Caribou, Maine; under a con­ within 100 miles of Tulsa, Okla., on the Jersey, New York, Ohio, Pennsylvania, tinuing contract with Aroostook Bever­ one hand, and, on the other, points in Rhode Island, and Washington, D.C. By age Co., Caribou, Maine. By the instant Missouri, Kansas, Oklahoma, and in the instant petition, petitioner seeks to petition, petitioner seeks to modify its Arkansas (excluding petroleum products modify its existing authority by chang­ existing authority by allowing it to pro­ in containers), to or from points on U.S. ing the restriction, which now reads: vide the same service it presently pro­ Highway 64 between Port Smith and “The authority granted herein is re­ vides under a continuing contract or Conway, Ark., U.S. Highway 65 between stricted against the transportation of contracts with Aroostook Beverage Co., Conway and Little Rock, Ark., U.S. wood pulp from Ogdensburg, N.Y., to of Caribou, Maine, for the same con­ Highway 70 between Little Rock, and points in New York.”, to read: “Restric­ tracting shipper at Presque Isle, Maine, the Arkansas-Tennessee State line; and, ted against the transportation of wood in lieu of Caribou, Maine. Any inter­ (2) Petroleum products, in containers, pulp for the account of Thurso Pulp & ested person desiring to participate may minimum 10,000 pounds, between points Paper Co., of Thurso, Quebec, Canada.” file an original and six copies of his in that part of Kansas and Oklahoma Any interested person desiring to par­ written representations, views, or argu­ within 100 miles of Tulsa, Okla., on the ticipate may file an original and six ment in support of, or against the peti­ one hand, and, on the other, points in copies of his written representations, tion within 30 days from the date of New Mexico and that part of Texas on views, or arguments in support of, or publication in the F ederal R egister. and west of U.S. Highway 81; and, in against the petition within 30 days from Applications for Certificates or Per­ MC 52460 (Sub-No. 23), as follows: the date of publication in thè F ederal mits Which Are T o Be P rocessed Petroleum and petroleum products, in R e g is t e r Concurrently W ith Applications bulk, in tank vehicles, over irregular No. MC 113024 (Sub-No. 3) (Notice of Under Section 5 Governed by Special routes, (1) between points in that part filing of petition for modification of per­ R ule 1.240 to the Extent Applicable of Oklahoma, Kansas, Missouri, and mit), filed August 8, 1966. Petitioner: Arkansas, within 200 miles of Tulsa, ARLINGTON JOHN WILLEMS, INC., No. MC 28961 (Sub-No. 19) (Correc­ Okla. (excluding points in that part of Smyrna, Del. Petitioner’s representa­ tion), filed August 10, 1966, published Kansas and Oklahoma within 100 miles tive: Samuel W. Eamshaw, 833 Wash­ F ederal R egister issue of August 24, of Tulsa, Okla.), on the one hand, and, ington Building, Washington, D.C. 20005. 1966, corrected August 29, 1966, and on the other, points in Oklahoma, Petitioner states that it holds authority republished, as corrected, this issue. Kansas, Missouri, and Arkansas. in MC 113024 (Sub-No. 3), to transport Applicant: M cDUFFEE MOTOR clothing, dry goods, drugs, medicines, FREIGHT, INC., 332 Hood Avenue, (2) Between Borger, Tex., and points toilet preparations, diaper liners, display Lebanon, Ky. Applicant’s representa­ within 10 miles of Borger, on the one tive: Robert H. Kinker, 711 McClure hand, and, on the other, Enid, Oklahoma stands, and materials and supplies (ex­ cept liquid commodities, in tank ve­ Building, Frankfort, Ky. 40601. Author­ City, and Tulsa, Okla., and points within hicles) , used in the manufacture of sewn ity sought to operate as a common car­ 10 miles of Enid, Oklahoma City, and and latex products, including packing rier, by motor vehicle, over regular Tulsa, Okla., and, (3) between points in and packaging materials therefor, be­ routes, transporting: General commodi­ Texas on and east and north of a line tween Dover, Del., and points within 5 ties (except those of unusual value, ex­ beginning at the Texas-Oklahoma State miles thereof on the one hand, and, on plosives, household goods as defined by line and extending along U.S. Highway the other, points in New York, New Jer­ the Commission, commodities in bulk, 80 at Port Worth, Tex., thence along sey, Maryland, Georgia, Alabama, Ohio, commodities, requiring special equipment U.S. Highway 80 to junction Texas High­ Illinois, and California. By the instant other than those requiring refrigeration, way 64 near Wills Point, Tex., thence petition, petitioner seeks to modify its and those injurious or contaminating to southeast along Texas Highway 64 to existing authority by adding toilet ar­ other lading), serving Danville, Ky., for junction U.S. Highway 70 at Henderson, ticles, to the above commodity descrip­ joinder only, in connection with appli­ Tex., thence along U.S. Highway 79 to tion. Any interested person desiring to cant’s authorized regular-route opera­ junction U.S. Highway 59 at Carthage, participate may file an original and six tions between Louisville, Ky., and Harlan Tex., thence along U.S. Highway 59 to copies of his written representations, and Middlesboro, Ky. Note: The pur­ junction U.S. Highway 84 near Tenaha, views, or argument in support of, or pose of this republication Is to show that Tex., thence east along U.S. Highway 84 against the petition within 30 days from the only authority sought by applicant in to the Texas-Louisiana State line, In­ the date of publication in the F ederal this proceeding is to serve Danville, Ky., cluding Dallas and Fort Worth, Tex., R egister. for joinder only. This application is a and points within 10 miles of Dallas and matter directly related to MC-F-9505, Port Worth, on the one hand, and, on No. MC 124254 and MC 124254 (Sub^ No. 2) (Notice of filing of petition for published August 1 ,1966. the other, points in Oklahoma. By the No. MC 119908 (Sub-No. 2) (Substitu­ instant petition, petitioner seeks to modification of permit), filed August 12, 1966. Petitioner: NORTHERN MAINE tion), filed June 14, 1966. Applicant: modify its existing authority by adding WESTERN LINES, INC., 3523 North Mc­ the words “including Tulsa”, in the ter­ TRANSPORT, INC., 79 Industrial Street, Post Office Box 746, Presque Isle, Carty, Post Office Box 1145, Houston, ritory description, each time that the Tex. 77001. Applicant’s representative: description presently reads, “within 100 Maine 04769. Petitioner’s representa­ tive: Francis E. Barrett, Jr., Investors William P. Sullivan, 1825 Jefferson Place miles of Tulsa”. Any interested person Building, 536 Granite Street, Braintree, NW, Washington, D.C. 20036. Authority desiring to participate may file an Mass. Petitioner states that it holds au­ sought to operate as a common carrier, original and six copies of his written thority in MC 124254, to transport as by motor vehicle, over irregular routes, representations, views, or argument in follows: Malt beverages and advertising transporting: (1) Rough and dressed support of, or against the petition within materials when moving in connection lumber, from points in that part of Texas, 30 days from the date of publication in therewith, from Natick and Boston, on, east, and south of a line beginning at the F ederal R egister. Mass., Albany and New York, N.Y., Galveston, Tex., and extending along No. MC 105275 (Notice of filing of peti­ Newark, N.J.» and Baltimore, Md., to UJS. Highway 75 to Dallas, Tex., and tion for modification of restriction in cer­ Bangor, Caribou, and Presque Isle, thence along U.S. Highway 67 to the tificate) , filed July 21, 1966. Petitioner; Maine, under a continuing contract, or Texas-Arkansas State line, points in that W. T. BYRNS MOTOR EXPRESS, INC., contracts, with specified shippers; and, part of Arkansas, on and south of U.S. Watertown, N.Y. Petitioner’s repre­ in MC 124254 (Sub-No. 2), in part, as Highway 70, and points in that part of sentative: Francis E. Barrett, Jr., 536 follows: Malt beverages and advertising Mississippi, on and south of U.S. High­ Granite Street, Investors Building, materials when moving in connection way 78, to Arcadia, La.; (2) finished lum­ Braintree, Mass. 02184. Petitioner states therewith, from Rochester, N.Y., and ber, (a) from Ada and Heflin, La., to that it holds authority in MC 105275, to Cranston, R.I., to Caribou, Maine; and, points in that part of Texas, on, east,

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12035 and south of a line beginning at Galves­ Road, York, Pa., of control of such rights Robison, McCaskey and Lewis, 921 Sixth ton, Tex., and extending along U.S. High­ and property through the purchase. Avenue, Anchorage, Alaska. Operating way 75 to Dallas, Tex., and thence along Applicants’ attorney; Christian V. Graf, rights sought to be transferred: (1) Bulk U.S. Highway 67 to the Texas-Arkansas 407 North Front Street, Harrisburg, Pa. petroleum products, as a common car­ State line, points in that part of Ar­ 17101. Operating rights sought to be rier, over irregular routes, between kansas, south of U.S. Highway 70, and transferred: Roofing and building ma­ Bethel, Alaska, and points within 25 points in that part of Mississippi, on and terials and materials, supplies, machin­ miles thereof; (2) general commodities, south of U.S. Highway 78, and (b) from ery, and equipment used in or incidental as a common carrier, over irregular Danville and Hunt, La., to points in that to the production and distribution of routes, between Bethel, Alaska, and part of Texas, on, east, and south of a roofing and building materials, as a com­ points within 9 miles thereof. Restric­ line beginning at Galveston, Tex., and mon carrier, over irregular routes, be­ tion: The authority granted herein, to extending along U.S. Highway 75 to tween York, Pa., on the one hand, and, the extent that it authorizes the trans­ Dallas, Tex., and thence along U.S. High­ on the other, Wilmington, Del., Washing­ portation of classes A and B explosives, way 67 to the Texas-Arkansas State line, ton, D.C., and points in Maryland and shall be limited, in point of time, to a pe­ points in that part of Arkansas, south of New Jersey. Vendee is authorized to op­ riod expiring 5 years after December 21, U.S. Highway 70, points in Shelby erate as a common carrier in Pennsyl­ 1964; and general commodities by self- County, Tenn., and points in that part of vania, New York, New Jersey, Virginia, propelled vessels and by non-self-pro­ Mississippi, on and south of U.S. High­ Delaware, Maryland, Ohio, Michigan, pelled vessels with the use of separate way 78; (3) rough or dressed lumber, (a) West Virginia, North Carolina, South towing vessels, as a common carrier by from Ada and Heflin, La., to points in Carolina, Georgia, Florida, Connecticut, water, during the season extending from that part of Texas, west and north of a Illinois, Indiana, Maine, Massachusetts, May 15 to October 15, both dates inclu­ line beginning at Galveston, Tex., and New Hampshire, Rhode Island, Vermont, sive, of each year, between points on the extending along U.S. Highway 75 to Wisconsin, and the District of Columbia. Kuskokwim River, from its mouth to Tu- Dallas, Tex., and thence along U.S. High­ Application has not been filed for tem­ luksak, including Tuluksak. Application way 67 to the Texas-Arkansas State line, porary authority under section 210a(b). has not been filed for temporary author­ and (b) from Danville and Hunt, La., No. MC-F-9518. Authority sought for ity under section 210a(b). to points in that part of Texas, west and control by EARL F. BUCKINGHAM and north of a line beginning at Galveston, No. MC-F-9520. Authority sought for DOROTHY M. BUCKINGHAM, 950 purchase by REFINERS TRANSPORT Tex., and extending along U.S. Highway South Harrison, Denver, Colo. 80209, of 75 to Dallas, Tex., and thence along U.S. & TERMINAL CORPORATION, 930 GOLDSTEIN TRANSPORTATION AND North York Road, Hinsdale, 111. 60521, of Highway 67 to the Texas-Arkansas State STORAGE, INC., 1420 38th Street, Den­ line; and (4) wooden farm implement the operating rights of C. L. DeLONG ver, Colo. 80205. Applicants’ attorneys: TRUCKING, INC., Bedford Glens Road, parts, from Arcadia, La., to Memphis, Stockton, Lewis and Mitchell, The 1650 Tenn. Restriction: Applicant states the Bedford, Ohio, and for acquisition by Grant Street Building, Denver, Colo. LEASEWAY TRANSPORTATION above authority to be restricted to traffic 80203. Operating rights sought to be originating at the named origin points CORP., and, in turn by H. M. O’NEILL, controlled: General commodities, ex­ F. J. O’NEILL, and W. J. O’NEILL, all of and destined to the named destination cepting, among others, household goods territory. The above-named carrier, 21111 Chagrin Boulevard, Cleveland, and commodities in bulk, as a common Ohio 44122, of control of such rights Western Lines, Inc., has been substituted carrier, over regular routes, between Den­ as applicant in lieu of Roy Frank Dance, through the purchase. Applicants’ at­ doing business as Dance’s Truck Line, ver, Colo., and Pueblo, Colo., serving all torneys: Ewald E. Kundtz, 1050 Union in No. MC 128317. Notice of the filing intermediate points, and the off-route Commerce Building, Cleveland, Ohio point of Manitou, Colo., one alternate 44115, and Roland Rice, 618 Perpetual of that application was published in the route for operating convenience only, Federal R egister, issue of June 30, 1966. Building, Washington, D.C. 20004. Op­ This application is directly related to serving no intermediate points; and un­ erating rights sought to be transferred: MC-F-9452. der a certificate of registration, in Docket Asphalt, tar, and pitch, in bulk, in tank No. MC-1977 (Sub-No. 11), covering the trucks, as a common carrier, over irreg­ Applications Under Sections 5 and transportation of property, as a common ular routes, from Cleveland, Ohio, to all 210a(b) carrier, in intrastate commerce, within points in Erie, Crawford, Mercer, Ve­ The following applications are gov­ the State of Colorado. EARL F. BUCK­ nango, Lawrence, Butler, Beaver, Alle­ erned by the Interstate Commerce Com­ INGHAM and DOROTHY M. BUCKING­ gheny, and Washington Counties, Pa., mission’s special rules governing notice HAM hold no authority from this Com­ and Hancock County, W. Va., from all of filing of applications by motor car­ mission. However, they are sole stock­ points in Allegheny County, Pa., to riers of property or passengers under sec­ holders of R. A. GOULD, INC., Post Office Cleveland, Ohio; asphalt, in bulk, in tank tions 5(a) and 210a (b) of the Interstate Box 1171, Salt Lake City, Utah 84110, trucks, from Cleveland, Ohio, to Detroit ^ e r c e Act and certain other pro- which is authorized to operate as a com­ and Dearborn, Mich., from Cleveland, with respect thereto. (49 CFR mon carrier Utah, Arizona, and Colorado. Ohio, to points in Brooks, Marshall, Ohio, *•240) • Application has been filed for temporary and Wetzel Counties, W. Va.; coal tar authority under section 210a (b). Note : and creosote oil, in bulk, in tank vehicles, motor carriers of property Docket No. MC-1977 (Sub-No. 12) is a between Cleveland, Ohio, on the one No. MC-F-9001 (Hively Transpórta­ matter directly related. hand, and, on the other, East Liverpool la1,.01** Inc.—Purchase (Portion)—Miller’* No. MC-F-9 519. Authority sought for and Wellsville, Ohio; and liquid petro­ Motor Freight, Inc.; Hively Transporta­ purchase by UNITED TRANSPORTA­ leum asphalt, in bulk, in tank vehicles, tion, Inc.—Purchase—Morgan G. Hive- TION, INC., Post Office Box 285, Bethel, from Cleveland, Ohio, to points in Forest y), published in the January 27, 1965, Alaska 99559, of the operating rights and and Warren Counties, Pa. Vendee is au­ “ " • 2 the F ederal R egister, on pages property of (1) HOWARD V. ELLIOTT, thorized to operate as a common carrier od¿-863. By amendment filed Septem- doing business as ELLIOTT’S FUEL in all States in the United States (ex­ 111 lieu of h iv e l y TRANS- TRANSFER, Post Office Box 285, Bethel, cept Alaska and Hawaii), and the Dis­ n,5 TATIP N’ HiC. seeking to acquire Alaska 99559, and (2) JOHN P. SNOW trict of Columbia. Application has not i ™ ® 8 of the operating rights of MIL- AND EUGENE L. SNOW, doing business been filed for temporary authority under MOTOR FREIGHT, INC., and as SNOW TRANSPORTATION COM­ section 210a (b). G> HIVELY, authority is now PANY, Bethel, Alaska 99559, and for ac­ No. MC-F-9521. Authority sought for X?^ht for purchase by MILLER’S MO- quisition by HOWARD V. ELLIOTT, Post purchase by MURAL TRANSPORT, ?SRioÍ REIGHT* in c- Post Office Box Office Box 213, Bethel, Alaska, JAMES INC., 2900 Review Avenue, Long Island ’ Yorlc» Pa-> of the operating HOFFMAN, 1161 Westbury Drive, An­ City, 1, N.Y., of the operating rights of ,tnd property of MORGAN G. chorage, Alaska, and AL LAROUX, Post CAPITAL TRANSPORTATION & CRAT­ Rural Delivery No. 6, Zinn’s Office Box 181, Bethel, Alaska, of control ING CORP., 204-206 Ninth Street, Road, York, Pa., and for acquisi­ of such rights and property through the Brooklyn, N.Y., and for acquisition by tion by PAUL W. HIVELY, 237 Dewdrop purchase. Applicants’ representatives; ALEXANDER SHAPIRO, also of Long

FEDERAL REGISTER, VOL. 3 ! , NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12036 NOTICES Island City, N.Y., of control of such side, N.J., and (b) CRAIG TRUCKING, including, among others, fiberglas mate­ rights through the purchase. Appli­ INC., Albany, Ind., and for acquisition rials, and fiberglas products, and equip­ cants’ attorneys: S. S. Eisen, 140 Cedar by H. E. LeFEVRE, also of Newark, Ohio ment, materials, and supplies incidental Street, New York, N.Y. 10006, and Mar­ 43055, of control of (a) and (b) through thereto, as a contract carrier, over irreg­ tin Werner, 2 West 45th Street, New the acquisition by THE CAPITOL , ular routes, from, to, and between cer­ York, N.Y. 10036. Operating rights CORPORATION; and (2) control and tain specified points in Ohio, Pennsyl­ sought to be transferred: Store fixtures merger by CRAIG TRUCKING, INC., of vania, West Virginia, Kentucky, New and office furniture, as a common car­ the operating rights and property of (a) York, Indiana, Illinois, Michigan, Wis­ rier, over irregular routes, between points BEVERAGE TRANSPORTATION, INC., consin, Missouri, Kansas, Delaware, in Connecticut, Delaware, Maryland, 140 Everett Avenue, Newark, Ohio 43055, Maryland, New Jersey, Connecticut, Massachusetts, New Jersey, New York, (b) ATLAS FREIGHT LINES, INC., Box Massachusetts, Rhode Island, Alabama, Pennsylvania, Rhode Island, and the Dis­ 12, Rittman, Ohio, and (c) B & L MOTOR Florida, Georgia, Maine, Mississippi, trict of Columbia; such commodities as FREIGHT, INC., 140 Everett Avenue, North Carolina, Tennessee, Vermont, are dealt in by persons engaged in the Newark, Ohio 43055. Applicants’ attor­ Virginia, New Hampshire, Minnesota, manufacture or sale of store fixtures and ney: Clarence D. Todd, 1825 Jefferson and the District of Columbia, with cer­ office furniture, uncrated, between New Place NW., Washington, D.C. 20036. tain specified exceptions, with numerous York, N.Y., on the one hand, and, on Operating rights sought to be (1) con­ restrictions, as more specifically de­ the other, points in Virginia, on and east trolled, and (2 ) controlled and merged: scribed in Docket No. MC-81968 Sub-No. of U.S. Highway 15; new and used store 1(1) (a) SERVICE MOTOR FREIGHT 19 and numerous subnumbers there­ and office furniture, fixtures, and equip­ INC.). Numerous specified building ma­ under; and fertilizer, as a common car­ ment, between New York, N.Y., on the one terials, equipment, and supplies, includ­ rier, over regular routes, between Co­ hand, on the other, points in Maine, ing, among others, fiberglas materials lumbus, Ohio, and Indianapolis, Ind., New Hampshire, Vermont, Ohio, West and products, as a contract carrier, over serving all intermediate points; and Virginia, North Carolina, South Carolina, irregular routes, from, to, and between, fertilizer, and numerous other specified and that part of Virginia, west of U.S. certain specified points in Pennsylvania, commodities, over irregular routes, from, Highway 15; and uncrated store fixtures Maryland, Delaware, New York, New to, and between, certain specified points and uncrated hotel and restaurant Jersey, Georgia, Illinois, Indiana, Ken­ in Ohio, Indiana, Michigan, New York, equipment, between points in the New tucky, Maine, New Hampshire, North Pennsylvania, Maryland, West Virginia, York, N.Y., commercial zone, as defined Carolina, Ohio, South Carolina, -Tennes­ and Kentucky, with restriction, as more by the Commission, on the one hand, see, West Virginia, Vermont, Michigan, specifically described in Docket No. MC- and, on the other, points in Connecti­ Virginia, Massachusetts, Connecticut, 123255. This notice does not purport to cut, Delaware, Maryland, Massachusetts, Rhode Island, and the District of Colum­ be a complete description of the oper­ New Jersey, New York, Pennsylvania, bia, with certain specified exceptions, ating rights of the carriers involved. Rhode Island, Virginia, and the District and' numerous restrictions, as more The foregoing summaries are believed to of Columbia. Vendee is authorized to specifically described in Docket No. MC- be sufficient for purposes of public no­ operate as a common carrier in all States 3094 and various subnumbers there­ tice regarding the nature and extent of in the United States (except Alaska and under. these carrier’s operating rights, with­ Hawaii), and the District of Columbia. ((1) (b) CRAIG TRUCKING, INC.) out stating, in full, the entirety thereof. Application has not been filed for tem­ Numerous specified commodities, includ­ Application has not been filed for tempo­ porary authority under section 210a(b). ing, among others, foodstuffs and food rary authority under section 210a(b). No. MC-F-9522. Authority sought for preparations, and paper and paper prod­ No. MC-F-9524. Authority sought for purchase by CAROLINA FREIGHT ucts, as a common carrier, over irregular control by COOPER-JARRETT, INC., 23 CARRIERS CORPORATION, Post Office routes, from, to, and between certain South Essex Avenue, Orange, N.J., of Box 697, Cherryville, N.C., of the operat­ specified points in Indiana, Michigan, CARGO-IMPERIAL FREIGHT LINES, ing rights of HARRY B. WILSON, Kentucky, Missouri, Pennsylvania, Illi­ INC., 91 Mountain Road, Burlington, doing business as WILSON’S MOTOR nois, Ohio, Iowa, Wisconsin, and West Mass. 01801, and for acquisition by R. E. TRANSIT, 2500 South Main Street, Virginia, with certain specified excep­ COOPER, JR., also of Orange, N.J., Middletown, Ohio, and for acquisition tions, and numerous restrictions, as more of control of CARGO-IMPERIAL by C. G. BEAM, 207 South Elm Street, specifically described in Docket No. MC- FREIGHT LINES, INC., through the ac­ Cherryville, N.C., and D. F. BEAM, 400 55811 and various subnumbers there­ quisition by COOPER-JARRETT, INC. South Elm Street, Cherryville, N.C., of under; ((2) (a) BEVERAGE TRANS­ Applicants’ attorneys: Irving Klein, 280 control of such rights through the pur­ PORTATION, INC.) Numerous specified Broadway, New York, N.Y. 10007, and chase. Applicants’ attorney: James E. commodities, including, among others, Kenneth B. Williams, 111 State Street, Wilson, 1735 K Street NW., Washington, malt beverages and wines, as a common Boston, Mass. 02109. Operating rights D.C. 20006. Operating rights sought to carrier, over irregular routes, from, to, sought to be controlled: General com­ be transferred: General commodities, and between, certain specified points in modities, excepting, among others, excepting, among others, household Ohio, Missouri, Illinois, Indiana, New household goods and commodities in goods and commodities in bulk, as a York, New Jersey, Pennsylvania, Wis­ bulk, as a common carrier, over regular common carrier, over regular routes, be­ consin, Massachusetts, and Kansas, with routes, between Buffalo, N.Y., and Bos­ tween Cincinnati, Ohio, and Chicago, restrictions, as more specifically de­ ton, Mass., serving certain intermediate 111., serving certain intermediate and scribed in Docket No. MC-119772 and and off-route points, between Albany, off-route points, between Middletown, various subnumbers thereunder; ((2 ) N.Y., and Gloversville, N.Y., serving cer­ Ohio, and Franklin, Ohio, and between (b) ATLAS FREIGHT LINES, INC.) tain intermediate points; general com­ Middletown, Ohio, and Eaton, Ohio, Numerous specified commodities, in­ modities, except those of unusual value, serving no intermediate points. Vendee cluding, among others, paper products, class A and B explosives, livestock, is authorized to operate as a common and supplies used in the manufacture of household goods as defined by the Com­ carrier in North Carolina, New York, paper products, as a common carrier, mission, commodities in bulk, commodi­ Virginia, South Carolina, Maryland, over irregular routes, from, to, and be­ ties requiring special equipment and Florida, Georgia, New Jersey, Rhode tween, certain specified points in Ohio, those injurious or contaminating to other Isla n d , Connecticut, Massachusetts, Michigan, New York, Pennsylvania, lading, between Syracuse, N.Y., and Pennsylvania, Alabama, Delaware, and West Virginia, Massachusetts, Rhode Albany, N.Y., serving all intermediate the District of Columbia. Application Island, Connecticut, New Jersey, Mary­ points; general commodities, except has been filed for temporary authority land, Delaware, Virginia, Indiana, Ken­ those of unusual value, class A and B under section 210a(b). tucky, Tennessee, Wisconsin, Illinois, explosives, household goods as defined No. MC-F-9523. Authority sought for Missouri, and the District of Columbia, by the Commission, commodities in bulk, (1) control by THE CAPITOL CORPO­ with restriction, as more specifically de­ commodities requiring special equipment, RATION, 140 Everett Avenue, Newark, scribed in Dockt No. MC-127249. and those injurious or contaminating to Ohio 43055, of (a) SERVICE MOTOR ((2) (C) B & L MOTOR FREIGHT, other lading, in truckload lots, over ir­ FREIGHT, INC., Atlantic Avenue, Lawn- INC.) Numerous specified commodities, regular routes, between Albany, N.Y., ana

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12037 points in New York and Massachusetts (4) The admissibility of the evidence 60603. Authority sought to operate as a within 25 miles of Albany, on the one contained in the written statements and common carrier, by motor vehicle, over hand, and, on the other, points in Massa­ the appendices thereto, will be at the irregular routes, transporting: Iron and chusetts, and certain specified points in time of offer, subject to the same rules steel and iron and steel articles, and Connecticut, and Rhode Island. COOP- as if the evidence were produced in the equipment, materials, and supplies used ER-JARRETT, INC., is authorized to usual manner. in the manufacture or processing of iron operate as a common carrier in Missouri, (5) Supplemental testimony by a wit­ and steel articles (except commodities in Nebraska, Iowa, Massachusetts, Illinois, ness to correct errors or to supply inad- bulk and oil field and pipeline commodi­ New York, Pennsylvania, Connecticut, ~ vertent omissions in his written state­ ties as defined by the Commission), be­ Maryland, Indiana, Delaware, New Jer­ ment is permissible. tween points in Putnam County, HI. on sey, Ohio, West Virginia, and the District No. MC 591 (Sub-No. 10) (Republica­ the one hand, and, on the other, points of Columbia. Application has not been tion) , filed July 21,1966, published in the in Alabama, Arkansas, Florida, Georgia, filed for temporary authority under sec­ F ederal R egister issue August 25, 1966, Illinois, Indiana, Iowa, Kansas, Ken­ tion 210a(b). and republished this issue. Applicant: tucky, Louisiana, Michigan, Minnesota, By the Commission. LINCOLN - DIXIE FREIGHT LINES, Mississippi, Missouri, Nebraska, Ohio, INC., 9330 South Bennett Avenue, Chi­ Oklahoma, North Dakota, South Da­ [seal] H. Neil Garson, cago, 111. 60617. Applicant’s representa­ kota, Tennessee, Texas, and Wisconsin. Secretary. tive: David Axelrod, 39 South La Salle Note: The purpose of this republication [F.R. Doc. 66-10034; Piled, Sept. 13, 1966; St., Chicago, 111. 60603. Authority sought is to reflect the hearing information. 8:48 am.] to operate as a common carrier, by motor HEARING: September 26,1966, at the vehicle, over irregular routes, transport­ Midland Hotel, 172 West Adams, Chi­ ing: Iron and steel and iron and steel cago, HI., before Examiner James C. [Notice 966] articles, and equipment, materials, and Cheseldine. supplies used in the manufacture or No. MC 16831 (Sub-No. 13) (Republi­ MOTOR CARRIER APPLICATIONS AND processing of iron and steel articles (ex­ CERTAIN OTHER PROCEEDINGS cation) , filed August 23, 1966, published cept commodities in bulk and oil field in F ederal R egister September 9, 1966, September 9, 1966. and pipeline commodities as defined by and republished this issue. Applicant: the Commission), between points in Put­ The following publications are gov­ LA VERNE W. SIMPSON, doing business nam County, HI., on the one hand, and, as MID SEVEN TRANSPORTATION erned by Special Rule 1.247 of the Com­ on the other, Davenport, Iowa, and points mission’s rules of practice, published in COMPANY, 2323 Delaware Avenue, Des within 40 miles thereof. Note: The pur­ Moines, Iowa 50317. Applicant’s repre­ the Federal R egister issue of April 20, pose of this republication is to reflect 1966, which became effective May 20. sentative: Robert L. Page (same address the hearing information. as applicant). Authority sought to op­ 1966. HEARING: September 26,1966, at the The publications hereinafter set forth erate as a common carrier, by motor ve­ Midland Hotel, 172 West Adams, Chi­ hicle, over irregular routes, transport­ reflect the scope of the applications as cago, HI., before Joint Board No. 54, or, filed by applicant, and may include de­ ing: Iron and steel and iron and steel if the Joint Board waives its right to articles as described in appendix V to the scriptions, restrictions, or limitations participate, before Examiner James C. report in Descriptions in Motor Carrier which are not in a form acceptable to Cheseldine. the Commission. Authority which ulti­ Certificates, 61 M.C.C. 209, between No. MC 730 (Sub-No. 269) (Republica­ points in Putnam County, HI., on the one mately may be granted as a result of the tion), filed July 20, 1966, published in applications here noticed will not neces­ hand, and, on the other, points in Ne­ F ederal R egister September 1,1966, and braska, Kansas, Minnesota, Iowa, Mis­ sarily reflect the phraseology set forth republished, this issue. Applicant: PA­ in the application as filed, but also will souri, Wisconsin, Hlinois, and Indiana. CIFIC INTERMOUNTAIN EXPRESS Note : The purpose of this republication eliminate any restrictions which are not CO., a corporation, 1417 Clay Street, acceptable to the Commission. is to reflect the hearing information. Oakland, Calif. 94604. Applicant’s rep­ HEARING: September 26,1966, at the Applications Assigned for Oral H earing resentative: Alfred G. Krebs (same ad­ Midland Hotel, 172 West Adams, Chi­ MOTOR CARRIERS OF PROPERTY dress as applicant). Authority sought cago, HI., before Examiner James C. to operate as a common carrier, by motor Cheseldine. The applications immediately follow­ vehicle, over irregular routes, transport­ No. MC 32474 (Sub-No. 32), filed June ing are assigned for hearing at the time ing: (1) Iron and steel and iron and steel 24,1966. Applicant: KEESHIN TRANS­ and place designated in the notice of articles, from points in Putnam County, PORT SYSTEM, INC., 3131 Douglas filing as here published in each proceed- 111., to points in California, Colorado, Road, Toledo, Ohio 43606. Applicant's Ah of the proceedings are subject Connecticut, Idaho, Illinois, Indiana, representative: Carl L. Steiner, 39 South to the special rules of procedure for hear­ Iowa, Kansas, Kentucky, Maryland, ing outlined below: La Salle Street, Chicago, 111. 60603. Massachusetts, Michigan, Minnesota, Authority sought to operate as a com­ . 1 Special rules of procedure for hearing. Missouri, Montana, Nebraska, Nevada, mon carrier, by motor vehicle, over ir­ (1) All of the testimony to be adduced by New Jersey, New York, Ohio, Oregon, regular routes, transporting: General applicant’s company witnesses shall be Pennsylvania, Rhode Island, Utah, commodities (except those of unusual the_ fornijOf written statements which Washington, Wyoming, and the District value, classes A and B explosives, house­ snail be submitted at the hearing at the of Columbia, and (2) materials, equip­ time and place indicated. hold goods as defined by the Commission, ment, and supplies used in the manufac­ commodities in bulk, in tank vehicles, All of the written statements by ture and distribution of the commodities ^ pllcfnt’s company witnesses shall be commodities requiring special equip­ described under (1) above, on return. ment, and those injurious or contaminat­ onered in evidence at the hearing in the Note: The purpose of this republication same manner as any other type of evi- ing to other lading), between points in is to reflect the hearing information. Putnam County, HI., on the one hand, wrw6' '^le witnesses submitting the HEARING: September 26,1966, at the and, on the other, points in Wisconsin, nKi ei? statements shall be made avail- Midland Hotel, 172 West Adams, Chi­ Indiana, Michigan, Ohio, and New York. ® the hearing for cross-examina- cago, 111., before Examiner James C. on> if such becomes necessary. HEARING: September 26,1966, at the Cheseldine. Midland Hotel, 172 West Adams, Chi­ The written statements by appli- No. MC 2990 (Sub-No. 21) (Republi­ cago, 111., before Examiner James C. nt s company witnesses, if received in cation) , filed July 21, 1966, published in Cheseldine. vmence, will be accepted as exhibits. F ederal R egister September 1,1966, and No. MC 33641 (Sub-No. 60) (Republi­ rAfov ^ extent the written statements republished this issue. Applicant: BLUE cation) , filed July 18, 1966, published in » attached documents such as ARROW-DOUGLAS, INC., 525 Burton F ederal R egister August 18, 1966, and °u operating authority, etc., they Street SW., Grand Rapids, Mich. Appli­ republished this Issue. Applicant: IML n S d ** referred to in written state- cant’s representative: David Axelrod, 39 FREIGHT, INC., Post Office Box 2277, nt as numbered appendices thereto. South La Salle Street, Chicago, HI. Salt Lake City, Utah 84110. Applicant’s

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12038 NOTICES representative: Marshall G. Berol, 100 waives its right to participate, before Missouri, Ohio, Pennsylvania, and Wis­ Bush Street, 21st Floor, San Francisco, Examiner Jerome K. Softer. consin. Calif. 94104. Authority sought to oper­ No. MC 64994 (Sub-No. 77) (Amend­ HEARING: September 26,1966, at the ate as a common carrier, by motor ve­ ment), filed May 16, 1966, published in Midland Hotel, 172 West Adams, Chi­ hicle, over regular routes, transporting: F ederal R egister issue of June 9, 1966, cago, 111., before Examiner James C. General commodities (except classes A amended and republished as amended Cheseldine. and B explosives, household goods as this issue. Applicant: HENNIS No. MC 73464 (Sub-No. 105), filed Au­ defined by the Commission, commodities FREIGHT LINES, INC., Post Office Box gust 23, 1966. Applicant: JACK COLE in bulk, commodities requiring special 612, Winston-Salem, N.C. 27102. Ap­ COMPANY, a corporation, 1900 Vander­ equipment, and the transportation of plicant’s representative: Frank C. Philips bilt Road, Birmingham, Ala. 35202. Ap­ commodities in connection with which (same address as applicant). Authority plicant’s representatives: George E. shipper requires carrier to furnish armed sought to operate as a common carrier, Tickle (same address as applicant), and guards or armored equipment), serving by motor vehicle, over irregular routes, Guy H. Postell, 1375 Peachtree Street points in Putnam County, 111., as off- transporting: Iron and steel and iron NE., Atlanta, Ga. Authority sought to route points in connection with carrier’s and steel articles, and equipment, ma­ operate as a common carrier, by motor terial, and supplies, used or useful in the vehicle, over irregular routes, transport­ authorized regular-route operations. ing: General commodities (except those Note: The purpose of this republication manufacture of iron and steel and iron is to reflect the hearing information. and steel articles, between points in of unusual value, classes A and B explo­ Putnam County, 111., on the one hand, sives, household goods as defined by the HEARING: September 26, 1966, at the Commission, commodities in bulk and Midland Hotel, 172 West Adams, Chi­ and, on the other, points in Alabama, cago, 111., before Joint Board No. 149, Arkansas, Florida, Georgia, Illinois, In­ those requiring special equipment), (1) diana, Iowa, Kansas, Kentucky, Louisi­ between points in Putnam County, 111., or, if the Joint Board waives its right to on the one hand, and, on the other, Bir­ participate, before Examiner James C. ana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, mingham, Ala., and points within 15 PliA tiplrtinp miles of Birmingham, and (2) between No. MC 38183 (Sub-No. 43) (Repub­ Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, and Wisconsin. Note : points in Putnam County, HI., on the one lication) , filed August 15,1966, published hand, and, on the other, Andalusia, An­ in F ederal R egister September 1, 1966, The purpose of this republication is to broaden the authority sought. niston, Attalla, Brewton, Demopolis, and republished this issue. Applicant: Dothan, Elba, Enterprise, Eufaula, Ever­ WHEELOCK BROS., INC., 720 East HEARING: September 26, 1966, at the Midland Hotel, 172 West Adams Street, green, Gadsden, Georgiana, Greenville, Third Street, Kansas City, Mo. Appli­ Montgomery, Opelika, Opp, Ozark, and cant’s representative: John E. Lesow, Chicago, HI., before Examiner James C. Cheseldine. Prattville, Ala. Note: Applicant states 3737 North Meridian, Indianapolis, Ind. it intends to tack the authority herein 46208. Authority sought to operate as a No. MC 66462 (Sub-No. 9) (Amend­ ment) , filed May 19, 1966, published sought at Birmingham, Ala., to permit common carrier, by motor vehicle, over service to and from points in Alabama in regular routes, transporting: General F ederal R egister issues of June 16,1966, and August 18,1966, and republished this connection with its presently authorized commodities (except those of unusual regular route operations between Bir­ value, classes A and B explosives, house­ issue. Applicant: THE WILLETT COM­ PANY, a corporation, 700 South Des- mingham and Mobile, Ala. hold goods as defined by the Commission, HEARING: September 26,1966, at the commodities in bulk, and commodities plaines Street, Chicago, HI. Applicant’s representative: Daniel J. Sweeney, One Midland Hotel, 172 West Adams, Chi­ requiring special equipment), serving cago, HI, before Examiner James C. points in Putnam County, 111., as off- North La Salle Street, Chicago, 111. 60602. Authority sought to operate as a common Cheseldine • route points in connection with appli­ No. MC Î03435 (Sub-No. 186) (Repub­ cant’s presently authorized regular route carrier, by motor vehicle, over irregular routes, transporting: Iron and steel, iron lication), filed July 15, 1966, published operations to and from Chicago, HI. in F ederal R egister August 18,1966, and Note: The purpose of this republication and steel articles and products, articles used, and in the manufacture of iron and republished this issue. Applicant: is to reflect the hearing information. UNITED-BUCKINGHAM FREIGHT HEARING: September 26,1966, at the steel or iron and steel articles and prod­ ucts, steel mill materials, supplies, and LINES, East 915 Springfield Avenue, Midland Hotel, 172 West Adams, Chi­ Spokane, Wash. 99220. Applicant’s rep­ cago, 111., before Joint Board No. 149, or, equipment, and building materials, be­ tween points in Putnam County, HI., on resentative : J. Maurice Andren, Post Of­ if the Joint Board waives its right to par­ fice Box 1631, Rapid City, S. Dak. 57701. ticipate, before Examiner James C. the one hand, and, on the other, points in North Dakota, South Dakota, Ne­ Authority sought to operate as a com­ braska, Kansas, Oklahoma, Texas, Min­ mon carrier, by motor vehicle, over ir­ No. MC 60012 (Sub-No. 73), filed Au­ regular routes, transporting: Iron and gust 18,1966. Applicant: RIO GRANDE nesota, Iowa, Missouri, Arkansas, Wis­ consin, Illinois, Michigan, Indiana, Ohio, steel, and iron and steel articles and MOTOR WAY, INC., 1400 West 52d Ave­ equipment, materials, and supplies used nue, Denver, Colo. 80221. Applicant’s Kentucky, Tennessee, Mississippi, Louisi­ ana, Alabama, Georgia, and Florida. in the manuf acturing or processing of representative: Ernest Porter, 604 Rio iron and steel, and iron and steel articles, Grande Building, Denver, Colo. 80217. Note : This republication is to reflect the hearing information. between points in Putnam County, HI., on Authority sought to operate as a common the one hand, and, on the other, points carrier, by motor vehicle, over irregular HEARING: September 26, 1966, at the Midland Hotel. 172 West Adams, Chicago, in Michigan, Indiana, Hlinois, Wis­ routes, transporting: Iron and steel ar­ consin, Minnesota, Iowa, Missouri, North ticles (other than oil field and pipeline HI, before Examiner James C. Chesel­ dine. Dakota, South Dakota, Nebraska, Kan­ commodities as defined by the Commis­ sas, Montana, Wyoming, Colorado, Idaho, sion in T. E. Mercer and G. E. Mercer, No. MC 68980 (Sub-No. 9), filed Au­ gust 23, 1966. Applicant: CHECKER Washington, and Oregon, restricted to E x t e n s i o n—Oilfield Commodities, 74 traffic originating or terminating at the M.C.C. 459), from the plant and ware­ EXPRESS CO., a corporation, 960 West Montana Avenue, Milwaukee, Wis. 53215. facilities of Jones & Laughlin Steel Corp. house sites, and storage yards of the Note: The purpose of this republication C F & I Steel Corp., Pueblo, Colo., to Authority sought to operate as a common carrier, by motor vehicle, over irregular is to reflect the hearing information. points in Utah and New Mexico, restrict­ HEARING: September 26, 1966, at the ed to shipments originating at the plant routes, transporting: Iron and steel and iron and steel articles, and equipment, Midland Hotel, 172 West Adams, Chi­ and warehouse sites, and storage yards cago, 111., before Examiner James C. of the C F & I Steel Corp. Note : Com­ materials, and supplies used hi the mon control may be involved. manufacture or processing of the above Cheseldine. HEARING: October 24, 1966, at New described commodities, between points No. MC 108912 (Sub-No. 15) (Repub­ Courthouse and Federal Building, 1961 in Putnam County, HI, on the one hand, lication) , filed July 20,1966, published in Stout Street, Denver, Colo., before Joint and, on the other, points in Illinois, Indi­ the F ederal R egister August 25, 1966, Board No. 212, or if the Joint Board ana, Kentucky, Michigan, Minnesota, and republished this issue. Applicant:

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12039 CHICAGO PITTSBURGH EXPRESS, HEARING: September 26,1966, at the by joinder, interline, or other means— INC., 654 West 21st Street, Chicago, HI. Midland Hotel, 172 West Adams, Chi­ by which protestant would use such au­ 60616. Applicant’s representative: Noel cago, HI., before Examiner James C. thority to provide all or part of the serv­ P. George, 100 East Broad Street, Colum­ Cheseldine. ice proposed), and shall specify with bus, Ohio 43215. Authority sought to No. MC 115840 (Sub-No. 26) (Amend­ particularity the facts, matters, and operate as a common carrier, by motor ment), filed May 19, 1966, published in things relied upon, but shall not include vehicle, over irregular routes, transport­ F ederal R egister issues of June 23,1966, issues or allegations phrased generally. ing: Iron and steel and iron and steel and August 18,1966, and republished this Protests not in reasonable compliance products, and steel mill equipment, ma­ issue. Applicant: COLONIAL FAST with the requirements of the rules may terials, and supplies, between Putnam FREIGHT LINES, INC., 1215 Bankhead be rejected. The original and one copy County, 111., on the one hand, and, on Highway West, Post Office Box 2169, of the protest shall be filed with the the other, points in Alabama, Arkansas, Birmingham, Ala. Authority sought to Commission, and a copy shall be served Connecticut, Florida, Georgia, Illinois, operate as a common carrier, by motor concurrently upon applicant’s repre­ Indiana, Iowa, Kentucky, Kansas, Mary­ vehicle, over irregular routes, transport­ sentative, or applicant if no representa­ land, Massachusetts, Michigan, Louisi­ ing: Iron and steel and iron and steel tive is named. If the protest includes a ana, Minnesota, Mississippi, Missouri, articles, and articles used in the manu­ request for oral hearing, such requests Nebraska, North Dakota, New Jersey, facture of iron and steel or iron and steel shall meet the requirements of § 1.247(d) New York, Ohio, Oklahoma, Pennsyl­ articles, and commodities used in the (4) of the special rule, and shall include vania, Texas, West Virginia, and Wiscon­ production and maintenance of steel the certification required therein. sin. N ote: The purpose of this repub­ plants, between points in P utnam Section 1.247(f) of the Commission’s lication is to reflect the hearing infor­ County, HI., on the one hand, and, on mation. rules of practice further provides that the other, points in Alabama, Arkansas, each applicant shall, if protests to its HEARING: September 26, 1966, at the Florida, Georgia, Illinois, Indiana, Ken­ application have been filed, and within Midland Hotel, 172 West Adams, Chi­ tucky Louisiana, Lower Peninsula of 60 days of the date of this publication, cago, 111., before Examiner James C. Michigan, Mississippi, Missouri, Ohio, notify the Commission in writing (1) Cheseldine. Oklahoma, Tennessee, Texas, Virginia, that it is ready to proceed and prosecute No. MC 111485 (Sub-No. 9) (Repub­ North Carolina, and South Carolina. the application, or (2) that it wishes to lication), filed July 28, 1966, published N ote: The purpose of this republica­ withdraw the application, failure in in Federal R egister August 25,1966, and tion is to reflect the hearing infor­ which the application will be dismissed republished this issue. Applicant: mation. by the Commission. PASCHALL TRUCK LINES, INC., R.F.D. HEARING: September 26,1966, at the Midland Hotel, 172 West Adams, Chicago, Further processing steps (whether No. 4, Murray, Ky. Applicant’s repre­ modified procedure, oral hearing, or sentative: R. Connor Wiggins, Jr., Suite 111., before Examiner James C. Chesel­ dine. other procedures) will be determined 909, 100 North Main Building, Memphis, generally in accordance with the Com­ Tenn. 38103. Authority sought to oper­ By the Commission. mission’s general policy statement con­ ate as a common carrier, by motor ve­ cerning motor carrier licensing proce­ hicle, over irregular routes, transport­ [seal] H. N eil Garson, Secretary. dures, published in the F ederal R egister ing: Iron and steel, and iron and steel issue of May 3, 1966. This assignment articles, as defined by the Commission in [F.R. Doc. 66-10035; Filed, Sept. 13, 1966; will be by Commission order which will Ex Parte MC 45, between points in Put­ 8:48 a.m.] be served on each party of record. nam County, HI., on the one hand, and, on the other, points in Kentucky, Ala­ The publications hereinafter set forth [Notice 965] reflect the scope of the applications as bama, Mississippi, Tennesee, Arkansas, filed by applicants, and may include de­ Georgia, Florida, South Carolina, North MOTOR CARRIER, BROKER, WATER scriptions, restrictions, or limitations Carolina, Indiana, Missouri, and Ohio. CARRIER AND FREIGHT FOR­ which are not in a form acceptable to Note : The purpose of this republication WARDER APPLICATIONS the Commission. Authority which ulti­ is to reflect the hearing information. mately may be granted as a result of the HEARING: September 26,1966, at the S eptember 9,1966. applications here noticed will not neces­ Midland Hotel, 172 West Adams, Chicago, The following applications are gov­ sarily reflect the phraseology sefforth in El., before Examiner James C. Chesel­ erned by Special Rule 1.2471 of the Com­ the application as filed, but also will dine. mission’s general rules of practice (49 eliminate any restrictions which are not No. MC 114019 (Sub-No. 162) (Repub- CFR, as amended), published in the acceptable to the Commission. hcation), filed July 20,1966, published in F ederal R egister issue of April 20, 1966, No. MC 2860 (Sub-No. 7), filed Au­ Federal R egister August 25, 1966, and effective May 20,1966. These rules pro­ gust 25, -1966. Applicant: NATIONAL republished this issue. Applicant: MID­ vide, among other things, that a protest FREIGHT, INC., 57 West Park Avenue WEST EMERY FREIGHT SYSTEM, to the granting of an application must Vineland, N.J. 08360. Applicant’s repre­ INC., 7000 South Pulaski Road, Chicago, be filed with the Commission within 30 sentative: Alvin Altman, 1776 Broadway hi. 60629. Applicant’s representative: days after date of notice of filing of the New York, N.Y. 10019. Authority sought David Axelrod, 39 South La Salle Street, application is published in the F ederal to operate as a common carrier, by motor Chicago, HI. 60603. Authority sought to R egister. Failure seasonably to file a vehicle, over irregular routes, transport­ operate as a common carrier, by motor protest will be construed as a waiver ing: Cooling or freezing rooms; cooling vehicle, over irregular routes, transport­ of opposition and participation in the or freezing "boxes and machines, equip­ ing: General commodities (except those proceeding. A protest under these rules ment and supplies used in connection oi unusual value, classes A and B explo­ should comply with § 1.247(d) (3) of the therewith; refrigerators (other than sives, household goods as defined by the rules of practice which requires that it household); refrigerator evaporators; 'commission, commodities in bulk, in set forth specifically the grounds upon bins, shelving; counters; hardware, and ank vehicles, commodities requiring which it is made, contain a detailed display cases; from Cherry Hill and pecial equipment, and those injurious statement of protestant’s interest in the Camden, N.J., to points in Maine, New or contaminating to other lading), be- proceeding (including a copy of the Hampshire, Vermont, Virginia, West ween points in Putnam County, HI., on specific portions of its authority which Protestant believes to be in conflict with Virginia, Ohio, North Carolina, South in t° hand, and, on the other, points Carolina, Georgia, and Florida, and the Indiana, Ohio, Michigan, Kentucky, that sought in the application, and de­ District of Columbia; and damaged or msconsm, Minnesota, Iowa, Missouri, scribing in detail the method—whether returned shipments of the above com­ £ansas, Nebraska, Colorado, North Da­ modities on return. Note: If a hearing n n ie and South Dakota, N ote: The 1 Copies of Special Rule 1.247 (as amended) Purpose of this republication is to reflect can be obtained by writing to the Secretary, is deemed necessary, applicant requests we hearing information. Interstate Commerce Commission, Washing­ it be held at Philadelphia, Pa., or New ton, D.C. 20423. York, N.Y.

No. 178----- 6 FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY,-SEPTEMBER 1 4 ,1 9 6 6 12040 NOTICES

No. MC 7640 (Sub-No. 23), filed points in Wyoming and Montana, (4) from Marinette, Wis., to points in North August 25, 1966. Applicant: BARNES between points in Idaho, Montana, Dakota, South Dakota, Nebraska, Kan­ TRUCK LINE, INC., 506 Mayo Street, Wyoming, Colorado, North Dakota, sas, Oklahoma, Texas, Minnesota, Wis­ Wilson, N.C. Applicant’s representa­ South Dakota, and Nebraska, (5) be­ consin, Iowa, Missouri, Arkansas, Loui­ tive: Harry Ross, 848 Warner Building, tween points in Nevada, on the one hand, siana, Hlinois, Indiana, Michigan, Ohio, Washington, D.C. 20004. A u th ority and, on the other, points in Idaho, Kentucky, Tennessee, Mississippi, Ala­ sought to operate as a common carrier, Wyoming, Utah, Colorado, Arizona, and bama, Georgia, Florida, South Carolina, by motor vehicle, over irregular routes, New Mexico, (6) between points in North Carolina, Virginia, West Virginia, transporting: Flakeboard, from Farm- California, south of the northern bound­ Maryland, Delaware, New Jersey, New ville, N.C., to points in Delaware, Georgia, aries of San Luis Obispo, Kern, and York, Pennsylvania, Maine, New Hamp­ Maryland, New Jersey, Pennsylvania, San Bernardino Counties, Calif., on the shire, Vermont, Rhode Island, Massa­ Maine, New Hampshire, Vermont, Mas­ one hand, and, on the other, Casper, chusetts, Connecticut, and the District sachusetts, Rhode Island, Connecticut, Wyo. of Columbia. N ote: Applicant states New York, Ohio, Illinois, Indiana, West (7) between points in Nevada, (8) it intends to tack at Chicago and Wauke­ Virginia, Kentucky, Tennessee, Florida, between points in Nevada, on the one gan, HI., Sheboygan and Green Bay, Iowa, and Wisconsin, and the District of hand, and, on the other, points in Wyo­ Wis., to points involved in this applica­ Columbia. N ote : Applicant states that ming, Colorado, Montana, North Dakota, tion. If a hearing is deemed necessary, authority sought could be tacked with South Dakota, and Utah, (9) between applicant requests it be held at Chicago, that now held at Farmville, N.C., to serve points in Idaho, (10) between points in 111., or Milwaukee, Wis. destinations sought herein. If a hear­ Idaho, on the one hand, and, on the No. MC 66900 (Sub-No. 30), filed Au­ ing is deemed necessary, applicant re­ other, points in Wyoming, Colorado, gust 25, 1966. Applicant: HOUFF quests it be held at Raleigh or Charlotte, Montana, North Dakota, South Dakota, TRANSFER, INCORPORATED, Post N.C. and Utah, (11) between points in Cali­ Office Box 91, Weyers Cave, Va. Appli­ No. MC 10761 (Sub-No. 196), filed fornia, on the one hand, and, on the cant’s representative: Harold G. Hemly, August 1, 1966. Applicant: TRANS- other, points in Wyoming, Colorado, 711 14th Street NW., Washington, D.C. AMERICAN FREIGHT LINES, INC., North Dakota, and South Dakota, (12) 20005. Authority sought to operate as 1700 North Waterman Avenue, Detroit, between points in Alabama, Florida, and a common carrier, by motor vehicle, over Mich. 48209. Authority sought to op­ Georgia, (13) between points in Texas, irregular routes, transporting: General erate as a common carrier, by motor on the one hand, and, on the other, commodities (except classes A and B vehicle, over irregular routes, transport­ points in Alabama, Florida, and Georgia, explosives, commodities in bulk, com­ ing: Iron and steel and iron and steel (14) between Kilgore, Tex., and points modities requiring special equipment, articles, and equipment, materials and in Texas within 200 miles of Kilgore, and household goods as defined by the supplies used in the manufacture or on the one hand, and, on the other, Commission), from Philadelphia and processing of iron and steel articles, be­ points in Arkansas, Louisiana, Missis­ York, Pa., and points in that part of tween points in the Chicago, HI., com­ sippi, and Oklahoma, (15) between points Pennsylvania south of U.S. Highway 422 mercial zone, as defined by the Commis­ in San Juan, Rio Arriba, and McKinley and east of Interstate Highway 83, in­ sion, on the one hand, and, on the other, Counties, N. Mex., Dolores, San Miguel, cluding points on the indicated portions points in Alabama, Arkansas, Florida, Montezuma, San Juan, La Plata, and of the highways specified, to points in Georgia, Illinois, Indiana, Iowa, Kansas, Archuleta Counties, Colo., Navajo and Virginia. N ote : Applicant states that Kentucky, Louisiana, Michigan, Minne­ Apache Counties, Ariz., and San Juan it will tack proposed authority with sota, Mississippi, Missouri, Nebraska, County, Utah, (16) between points in presently held authority, in which it is North Dakota, Ohio, Oklahoma, Penn­ Washington and Oregon, on the one authorized to operate in the States of sylvania, South Dakota, Tennessee, hand, and, on the other, points in Colo­ West Virginia, Virginia, and Maryland, Texas, and Wisconsin. N ote : If a hear­ rado, Wyoming, and Utah, (17) between and the District of Columbia. Appli­ ing is deemed necessary, applicant re­ points in Illinois, Indiana, Louisiana, cant further states that if this applica­ quests it be held at Chicago, HI. Kentucky, Missouri, and Tennessee, and tion is granted, it will request cancella­ No. MC 13250 (Sub-No. 85) (Correc­ (18) between points in Oklahoma, on tion of its hardware authority out of tion) , filed July 20, 1966, published the one hand, and, on the other, points Philadelphia, Pa., and its territorial F ederal R egister issue of August 18, in Illinois, Indiana, Louisiana, Kentucky, general commodity authority from the 1966, and republished as corrected, this Missouri, and Tennessee. N ote: Appli­ prescribed Pennsylvania territory. If issue. Applicant: J. H. ROSE TRUCK cant states it presently holds authority a hearing is deemed necessary, applicant LINE, INC., 5003 Jensen Drive, Post Of­ to transport various commodities used requests it be held at Washington, D.C. fice Box 16190, Houston, Tex. Appli­ in the oil and gas industry (primarily No. MC 100109 (Sub-No. 5) (Correc­ cant’s representative: Thomas E. James, so-called Mercer description commodities tion), filed July 21, 1966. Published 721 Brown Building, Austin, Tex. 78701. as defined in T. E. Mercer Extension— F ederal R egister issue of August 25, Authority sought to operate as a common Oil Field Commodities, 74 M.C.C. 459) 1966, and republished as corrected, this carrier, by motor vehicle, over irregular in all of the territory above described. issue. Applicant: HERMAN STUMPF, routes, transporting: Earth drilling ma­ Applicant intends to tack the various JAMES STUMPF, AND ROBERT chinery and equipment, and machinery, paragraphs of the territorial authority STUMPF, a partnership, doing business equipment, materials, supplies and pipe specified above with each other wherever as STUMPF & SONS, Rural Route No. 3, incidental to, used in, or in connection possible. The purpose of this republica­ Worthington, Minn. Applicant’s repre­ with (a) the transportation, installation, tion is to add the word “between” in sentative: Val M. Higgins, 1000 First Na­ removal, operation, repair, servicing, paragraph 16 above. If a hearing is tional Bank Building, Minneapolis, Minn. maintenance, and dismantling of drilling deemed necessary, applicant requests it 55402. Authority sought to operate as machinery and equipment, (b) the com­ be held at Dallas, Tex., Oklahoma City, a common carrier, by motor vehicle, over pletion of holes or wells drilled, (c) the or Tulsa, Okla. irregular routes, transporting: (1) Fer­ production, storage, and transmission of No. MC 55236 (Sub-No. 141), filed tilizer and fertilizer ingredients, from commodities resulting from drilling oper­ August 23, 1966. Applicant: OLSON points in Iowa on and north of U.S. High­ ations at well or hole sites, and (d) the TRANSPORTATION COMPANY, a cor­ way 20 and on and west of U.S. Highway injection or removal of commodities into poration, 1970 South Broadway, Green 65, including points in Sioux City, Iowa, or from holes or wells, (1) between points Bay, Wis. 54306. Applicant’s represent­ and its commercial zone in Nebraska and in Arkansas, California, Kansas, Loui­ ative: K. L. Laird (same address as South Dakota, to points in Minnesota, siana, New Mexico, Oklahoma, and applicant). Authority sought to op­ and South Dakota on and east of U.S. Texas, (2) between points in California erate as a common carrier, by motor Highway 281, and (2) dry fertilizer ana and Texas, on the one hand, and, on vehicle, over irregular routes, transport­ fertilizer ingredients, (a) from points in the other, points in Arizona, Colorado, ing: Acids and chemicals, in bulk (ex­ Minnesota (except points in Hennepin and Utah, (3) between points in Texas, cept sulphur dioxide and except methyl and Ramsey Counties), to Esterville, on the one hand, and, on the other, chloride, in multiunit tank vehicles), Iowa, and (b) from Albert Lea, Minn., to

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12041

points in Iowa on and north of U.S. and points in Illinois, on and south of lina-Tennessee State line (except to Highway 20 and on and west of U.S. a line beginning at the Hlinois-Indiana points in Alabama, Georgia, North Caro­ Highway 65. N ote: The purpose of State line, thence over Hlinois Highway lina, and Tennessee which are within this republication is to include the com­ 119 to ^junction U.S. Highway 136, 65 miles of Chattanooga, Tenn.), under modity description in (1) above, inad­ thence over U.S. Highway 136 to the II- contract with Huntsville Brick & Tile vertently omitted. If a hearing is linois-Iowa State line, serving Indian­ Co. (subsidiary of General Shale Prod­ deemed necessary, applicant requests it apolis, Ind., as a point of joinder only ucts Corp.). If a hearing is deemed be held at Minneapolis, Minn. for traffic originating at or destined to necessary, applicant requests it be held No. MC 107475 (Sub-No. 60), filed Au­ regular route points in Indiana and at Chattanooga or Knoxville, Tenn. gust 25, 1966. Applicant: DANCE Ohio, lying east of Indianapolis. N ote : No. MC 123048 (Sub-No. 99), filed FREIGHT LINES, INC., 920 Dance Applicant states that the purpose of this August 23, 1966. Applicant: DIAMOND Court, Cincinnati, Ohio 45203. Appli­ application is to authorize an alternate TRANSPORTATION SYSTEM, INC., cant’s representative: Paul M. Daniell, routing through Indianapolis, Ind., as 1919 Hamilton Avenue, Racine, Wis. 1600 First Federal Building, Atlanta, Ga. a gateway point in lieu of the presently 53401. Authority sought to operate as 30303. Authority sought to operate as authorized routing through points in a common carrier, by motor vehicle, over a common carrier, by motor vehicle, over Clinton County, Ind., as gateway points. irregular routes, transporting: Agricul­ regular routes, transporting: General Applicant further states that no new tural implements and farm machinery, commodities (except household goods as service or service points are requested. from Clarion, Iowa, to points in the defined by the Commission, classes A and If a hearing is deemed necessary, appli­ United States (except Alaska and Ha­ B explosives, commodities in bulk, those cant requests it be held at Chicago, 111. waii). N ote: If a hearing is deemed requiring special equipment, those of un­ No. MC 116938 (Sub-No. 5), filed necessary, applicant requests it be held usual value and those injurious or con­ August 25, 1966. Applicant: FRANK at Des Moines, Iowa, Chicago, HI., or taminating to other lading), (1) be­ BEATY, Route 2, Manchester, Tenn. Madison, Wis. tween Atlanta and Athens, Ga., over U.S. 37355. A p p lic a n t’s representative: No. MC 124078 (Sub-No. 245), filed Highway 78, and return over the same Harry E. Dixon, Jr., Post Office Box 211, August 23, 1966. Applicant: SCHWER- route, serving the intermediate point of Roanoke, Va. 24002. Authority sought MAN TRUCKING CO., a corporation, Monroe, Ga., and (2) between Coving­ to operate as a contract carrier, by motor 611 South 28th Street, Milwaukee, Wis. ton and Winder, Ga.; (a) from Coving­ vehicle, over irregular routes, transport­ 53246. Applicant’s representative: Rich­ ton over U.S. Highway 278 to junction ing: Brick and related articles, from ard H. Prevette (same address as appli­ Georgia Highway 11, thence along Geor­ Huntsville, Ala., to Chattanooga, Tenn., cant). Authority sought to operate as gia Highway 11 via Monroe, Ga., to and to points in that part of Tennessee, a common carrier, by motor vehicle, over Winder, and return over the same route, on and east of U.S. Highway 13 extend­ irregular routes, transporting: Clay and serving the intermediate point of Mon­ ing through Collinwood, Waynesboro, clay products, from points in Tippah roe, and (b) from Covington over Inter­ Linden, Waverly, Cunningham, Clarks­ County, Miss., to points in Alabama, state Highway 20 to junction Georgia ville, and Sadlersville, Tenn., that part Arkansas, Florida, Georgia, Illinois, In­ Highway 11, thence along Georgia High­ of Alabama, on and north of a line be­ diana, Kansas, Kentucky, Louisiana, way 11 via Monroe, Ga., to Winder, and ginning at the Alabama-Georgia State Michigan, Mississippi, Missouri, New return over the same route, serving the line and extending west along U.S. High­ York, Ohio, Oklahoma, Pennsylvania, intermediate point of Monroe. N ote: way 80 through Phenix City, Marvyn, Tennessee, Texas, and West Virginia. Applicant states no duplicating author­ Tuskegee, and Mount Meigs, Ala., to Note : Applicant states that it intends to ity is sought. Common control may be Montgomery, Ala., and thence northwest tack with present authority in which it involved. If a hearing is deemed neces­ along U.S. Highway 82 through Center­ is authorized to operate in Arkansas, Illi­ sary, applicant requests it be held at At­ ville, Duncanville, Tuscaloosa, Reform, nois, Kansas, Mississippi, Missouri, Okla­ lanta, Ga. and Stafford, Ala., to the Alabama-Mis- homa, and Western Tennessee. If a No. MC 107757 (Sub-No. 27), filed sissippi State line, that part of Georgia, hearing is deemed necessary, applicant August 23, 1966. Applicant: M. C. on and north of a line beginning at the requests it be held at Detroit, Mich. SLATER, INC., Post Office Box 369,. Georgia-Alabama State line, and ex­ No. MC 127780 (Sub-No. 2), filed Au­ Granite City, HI. Applicant’s represent­ tending along U.S. Highway 80 through gust 25, 1966. Applicant: EMIL Di- ative: Eugene L. Cohn, 1 North La Salle Columbus and Upatoi, Ga., to Geneva, UBALDO, doing business as DiUBALDO Street, Chicago, HI. 60602. Authority Ga., thence east along Georgia Highway TRUCKING CO., Beryl, W. Va. Appli­ sought to operate as a common carrier, 96 through Butler to Reynolds, Ga., cant’s representative: E. Stephen Heis- by motor vehicle, over irregular routes, thence north along Georgia Highway 128 ley, 529 Transportation Building, Wash­ transporting: Iron and steel articles, and to Roberta, Ga., thence east along U.S. ington, D.C. 20006. Authority sought to equipment, materials, and supplies used Highway 80 through Knoxville and Li- operate as a contract carrier, by motor in the manufacture and processing of zella, Ga., to junction Georgia Highway vehicle, over irregular routes, transport­ iron and steel articles, between Alton, 57, near Macon, Ga., thence east along ing: Raw Charcoal, from Luke, Md., to Madison, and Granite City, HI., on the Georgia Highway 57 through Irwinton, the plantsite of the Kingsford Co., at one hand, and, on the other, points in Wrightsville, and Kite, Ga., to Swains- or near Parsons, W. Va., under contract Indiana, Michigan, and Wisconsin. boro, Ga., thence north along Georgia with the Kingsford Co. N ote : If a hear­ Note: If a hearing is deemed necessary, Highway 56 through Summertown, Ga., ing is deemed necessary, applicant re­ applicant requests it be held at Chicago, to junction Georgia Highway 17 at or quests it be held at Charleston, W. Va., near Midville, Ga., thence east along or Washington, D.C. No. MC 109633 (Sub-No. 14), filed Georgia Highway 17 to Millen, Ga., No. MC 127616 (Sub-No. 4), filed Au­ August 23, 1966. Applicant: ARBET thence east along Georgia Highway 21 gust 8, 1966. Applicant: HANSON M. i«uCK LINES, INC., 222 East 135th to Sylvania, Ga., and thence northeast SAVAGE, doing business as SAVAGE m ce- Chicago, 111. 60627. Applicant’s along U.S. Highway 301 to the Georgia- TRUCKING COMPANY, Box 105, Ches­ representative: Eugene L. Cohn, 1 North South Carolina State line, and that part ter Depot, Vt. 05144. Authority sought Salle Street, Chicago, HI. 60602. Au- of North Carolina on and west of a line to operate as a common carrier, by motor ority sought to operate as a common beginning at the North Carolina-South vehicle, over irregular routes, transport­ r/J }er‘ ,ky mc>tor vehicle, over irregular Carolina State line, and extending along ing: Log buildings, from Hartland, Vt., tio , ’ transP°rting: General commodi- U.S. Highway 221 through Rutherford- to points in Maine, New Hampshire, Ver­ those of unusual value, and ton, Thermal City, Marion, and Ashford, mont, Massachusetts, Rhode Island, dangerous explosives, liquid com- N.C., to junction North Carolina High­ Connecticut, New York, New Jersey, fin^vfs kulk, household goods as de- way 194, near Linville Falls, N.C., thence Delaware, Pennsylvania, Virginia, West «Jr1 . . Commission, and commodi- north along North Carolina Highway Virginia, Kentucky, Ohio, Indiana, Illi­ requiring special equipment), be- 194 to Ingalls, N.C., thence north along nois, Michigan, and Wisconsin. N ote: . Indianapolis, Ind., on the one If a hearing is deemed necessary, appli­ U.S. Highway 19E through Minneapolis cant requests it be held at Brattleboro, and, and, on the other, St. Louis, Mo, and Elk Park, N.C., to the North Caro- Vt., or Concord, N.H.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12042 NOTICES No. MC 128464 (Sub-No. 1), filed Au­ transportation by motor vehicle in inter­ press, and newspapers, in the same ve­ gust 25, 1966. Applicant: M TRANS­ state or foreign commerce of Passengers hicle with passengers, (1) between Bowl­ PORT COMPANY, INC., Post Office Box and their baggage, for individuals as ing Green and Scottsville, Ky., over U.S. 291, East Alton, HI. 62024. Authority well as groups, in special, charter, and Highway 231, serving all intermediate sought to operate as a contract carrier, regular route services, between points points; and, (2) between Campbellsville by motor vehicle, over irregular routes, in the United States, including Alaska, and Columbia, Ky., via Greensburg, Ky., transporting: Building and roofing ma­ but excluding Hawaii. N ote: The pur­ from Campbellsville, over U.S. Highway terials (except those requiring special pose of this republication is to show that 68 to junction Kentucky Highway 61, 2 handling or special equipment because of the applicant also proposes to arrange miles south of Greensburg, thence over size or weight, and commodities in bulk), motor carrier transportation for individ­ Kentucky Highway 61, to Columbia, from East St. Louis, 111., to points in uals as well as groups in regular-route serving all intermediate points. Indiana. N ote: If a hearing is deemed services. By the Commission. necessary, applicant requests it be held Applications in W hich Handling W ith­ at St. Louis, Mo., or Springfield or [seal] ^ H. N eil Garson, out Oral Hearing Have B een R e­ Secretary. Chicago, 111. No. MC 128481 (Sub-No. 2), filed Au­ quested [F.R. Doc. 66-10036; Filed, Sept. 13, 1966; gust 25, 1966. Applicant: HENRY V. No. MC 22195 (Sub-No. 125), filed 8:48 a.m.] MUSGROVE, Route No. 2, Post Office August 23, 1966. Applicant: DAN Box 41, Axson, Ga. Applicant’s repre­ DUGAN TRANSPORT COMPANY, a sentative: Norman J. Bolinger, 1730 corporation, 41st and Grange Avenue, NOTICE OF FILING OF MOTOR CAR­ American Heritage Life Building, Jack­ Post Office Box 946, Sioux Falls, S. Dak. RIER INTRASTATE APPLICATIONS sonville, Fla. 32202. Authority sought to 57101. Applicant’s representative: J. P. S eptem ber 9,1966. operate as a contract carrier, by motor Everist (same address as applicant). vehicle, over irregular routes, transport­ Authority sought to operate as a common The following applications for motor ing : Glued wooden laminated structural carrier, by motor vehicle, over irregular common carrier authority to operate in arches and beams, and materials and routes, transporting: Petroleum and intrastate commerce seek concurrent petroleum products, in bulk, (1) from the motor carrier authorization in interstate supplies used in the construction thereof, or foreign commerce within the limits of between Waycross, Ga., and points in American Oil Co. terminal at Moorhead, Alabama, Connecticut, Delaware, Flor­ Minn., to points in South Dakota, and the intrastate authority sought, pursuant ida, Illinois, Indiana, Kentucky, Maine, returned shipments, on return, (2 ) from to section 206(a)(6) of the Interstate M aryland, Massachusetts, Michigan, the American Oil Co. terminal at Sioux Commerce Act, as amended October 15, Mississippi, New Hampshire, New Jersey, Falls, S. Dak., to points in Iowa, Minne­ 1962. These applications are governed sota, and North Dakota, and returned by Special Rule 1.245 of the Commis­ New York, North Carolina, Ohio, Penn­ sion’s rules of practice, published in the sylvania, Rhode Island, South Carolina, shipments, on return. N ote: Applicant Tennessee, Vermont, Virginia, West Vir­ states no duplication of authority sought. F ederal R egister, issue of April 11, 1963, ginia, Wisconsin, and the District of No. MC 104149 (Sub-No. 179), filed page 3533, which provides, among other August 8, 1966. Applicant: OSBORNE things, that protests and requests for in­ Columbia, under contract with Dixie formation concerning the time and place Laminated, Inc. Note: If a hearing is TRUCK LINE, INC., 516 North 31st Street, Birmingham, Ala. 35201. Appli­ of State commission hearings or other deemed necessary, applicant requests it proceedings, any subsequent changes be held at Jacksonville, Fla. cant’s representative: Maurice F. Bishop, 327 Frank Nelson Building, Birming­ therein, and any other related matters No. MC 128551 (Sub-No. 1), filed Au­ shall be directed to the State commis­ gust 25, 1966. Applicant: JAMES J. ham, Ala. 35203. Authority sought to sion with which the application is filed KENNEDY, JR., doing business as KEN­ operate as a common carrier, by motor NEDY VAN & STORAGE, 3359 Army vehicle, over irregular routes, transport­ and shall not be addressed to or filed Street, San Francisco, Calif. Applicant’s ing: General commodities (except those with the Interstate Commerce Commis­ of unusual value, classes A and B explo­ sion. representative: Alan F. Wohlstetter, 1 State Docket No. C-239, case No. 4, Farragut Square South, Washington, sives, household goods as defined by the filed June 27, 1966. Applicant: INTER­ D.C. 20006. Authority sought to oper­ -Commission and commodities in bulk), CITY TRUCKING SERVICE, INC., ate as a common carrier, by motor ve­ between the plantsite of Revere Copper 14333 Goddard Street, Detroit, Mich. hicle, over irregular routes, transporting: & Brass, Inc., located approximately 6 48226. A p p lic a n t’s representative: Household goods, as defined by the Com­ miles south of Scottsboro, Ala., on the one hand, and, on the other, points in Robert D. Schuler, Suite 1700, 1 Wood­ mission, between points in San Francisco, ward Avenue, Detroit, Mich. 48226. Marin, Contra Costa, Alameda, and San Alabama, Florida, Georgia, Louisiana, Certificate of public convenience and Mateo Counties, Calif., restricted to ship­ Mississippi, Tennessee, Arkansas, Okla­ necessity sought to operate a freight ments having a prior or subsequent homa, Kentucky, North Carolina, South service as follows: Transporting gen­ movement beyond said points in con­ Carolina, Virginia, West Virginia, and eral commodities, in intrastate and in­ tainers, and further restricted to pickup Maryland. terstate or foreign commerce, serving and delivery services incidental to and in No. MC 109584 (Sub-No. 135), filed the village of Rives Junction, Mich., connection with packing, crating, and August 23, 1966. Applicant^ ARIZONA- located north of the Jackson, Mich., containerization, or unpacking, uncrat­ PACIFIC TANK LINES, INC., 3201 commercial zone, and approximately l -3 ing, and decontainerization of such ship­ Ringsby Court, Denver, Colo. 80216. Au­ miles west of U.S. Highway 127, as an ments. Note: If a hearing is deemed thority sought to operate as a common off-route point in connection with au­ necessary, applicant requests it be held carrier, by motor vehicle, over irregular thorized regular route service to and at San Francisco, Calif., or Washington, routes, transporting: Syrups and liquid from Jackson, Mich. D.C. sugars, in bulk, in tank vehicles, from HEARING: September 22, 1966, 9:30 Manteca, Mendota, Spreckels, and Wood­ Application for B rokerage License land, Calif., to points in Washoe County, a.m., Michigan Public Service Commis­ sion, Lewis Cass Building, South W alnut No. MC 130010 (Correction), filed July Nev. Street, Lansing, Mich. Requests tor 20, 1966, published F ederal R egister MOTOR CARRIERS OF PASSENGERS procedural information, including the issue of August 25,1966, corrected August No. MC 1515 (Sub-No. Ill), filed Au­ time for filing protests, concerning this 30, 1966, and republished, as corrected, application, should be addressed to the this issue. Applicant: BEREA TOURS, gust 23, 1966. Applicant: GREYHOUND LINES, INC., 140 South Dearborn Street, Michigan Public Service Commission, INC., 36 South Rocky River Drive, Berea, Lewis Cass Building, Lansing, Mien. Ohio. Applicant’s representative: S. Chicago, 111. 60603. Applicant’s repre­ sentative: Robert J. Bernard (same ad­ 48913, and should not be directed to the Harrison Kahn, Suite 733, Investment dress as applicant). Authority sought Interstate Commerce Commission. Building, Washington, D.C. For a license to operate as a common carrier, by motor State Docket No. C-6714, case No- (BMC 5) to engage in operations as a vehicle, over regular routes, transport­ 20, filed July 11,1966. Applicant: CEN­ broker at Berea, Ohio, in arranging for ing: Passengers and, their baggage, ex­ TRAL TRANSPORT, INC., 3399 East

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12043 McNichols Road, Detroit, Mich. 48212. points, on the one hand, and, on the A copy of the application is on file, and Applicant’s representative: Robert D. other, Highways 80, 99, and 111 points; can be examined, at the Office of the Sch/uler, Suite 1700, 1 Woodward Ave­ (7) between the Los Angeles basin re­ Secretary, Interstate Commerce Com­ nue, Detroit, Mich. 48226. Certificate of gion on the one hand, and, on the other, mission, Washington, D.C., and also in public convenience and necessity sought the San Diego territory, together with the field office to which protests are to to operate a freight service as follows: all points and places on and within a be transmitted. Transporting general commodities, in distance of 10 miles laterally on either intrastate and interstate or foreign com­ side of U.S. Highway 101 and U.S. High­ Motor Carriers of P roperty merce, serving the village of Rives Junc­ way 395 between the northerly boundary tion, Mich., located north of the Jackson, of San Diego County and the northerly No. MC 42487 (Sub-No. 657 TA), filed Mich., commercial zone, and approxi­ September 6, 1966. Applicant: CON­ boundary of the San Diego territory; SOLIDATED FREIGHTWAYS CORPO­ mately 1.3 miles west of U.S. Highway and, (8) between the San Diego territory 127, as an off-route point in connection and all points and places on and within RATION OF DELAWARE, 175 Linfield with authorized regular route service. a distance of 10 miles laterally on either Drive, Menlo Park, Calif. 94025. Appli­ HEARING: September 22, 1966, 9:30 side of U.S. Highways 101 and 395, be­ cant’s representative: V. C. Tyler (same a.m., Michigan Public Service Commis­ tween the northerly boundary of San address as above). Authority sought to sion, Lewis Cass Building, South Walnut Diego County and the northerly bound­ operate as a common carrier, by motor Street, Lansing, Mich. Requests for ary of San Diego territory, all on the one vehicle, over irregular routes, transport­ procedural information, including the hand, and, on the other, all points and ing: Dry fertilizers, fertilizer Com­ time for filing protests, concerning this places in Coachella Valley territory, and pounds, and fertilizer ingredients, from application, should be addressed to the Imperial Valley territory, together with Epco, Idaho, to points in Washington Michigan Public Service Commission, Winterhaven and points on U.S. High­ and Oregon, for 180 days. Supporting Lewis Cass Building, Lansing, Mich. way 80 between Winterhaven and Im­ shipper: El Paso Products Co., Post Of­ 48913, and should not be directed to the perial Valley territory and points on U.S. fice Box 3986, Odessa, Tex. 79760. Send Interstate Commerce Commission. Highway 99 and State Highway 111 be­ protests to: William R. Murdoch, Dis­ State Docket No. 48045, filed November tween Imperial Valley territory and trict Supervisor, Interstate Commerce '8,1965. Applicant: IMPERIAL TRUCK Coachella Valley territory, (a) No serv­ Commission, Bureau of Operations and LINES, INC., 101 North Avenue 18, Los ice shall be performed between any two Compliance, 450 Golden Gate Avenue, Angeles, Calif. Applicant’s representa­ points both of which are located within Box 36004, San Francisco, Calif. 94102. tive: Donald Murchison, 2 il South Bev­ San Diego County, (b) No service shall No. MC 106233 (Sub-No. 14 TA), filed erly Drive, Beverly Hills, Calif. Certifi­ be performed to or from any point lo­ September 7, 1966. Applicant: HART cate of public convenience and necessity cated within the boundary of the United TRUCKLINE, INC., Highway 25 North, sought to operate a freight service as States Navy Ammunition Depot in the Dexter, Mo. 63841. Applicant’s repre­ follows: Transporting general commodi­ vicinity of Fallbrook, Calif. sentative: G. F. Gunn, Jr., Suite 1230, ties, with the usual exceptions, both in­ HEARING: October 6, 1966, 10 a.m., Boatmen’s Bank Building, St. Louis, Mo. trastate and interstate and foreign com­ Los Angeles, Calif. Requests for proce­ 63192. Authority sought to operate as a merce, between points as follow: All dural information, including the time for common carrier, by motor vehicle, over points and places now presently author­ filing protests, concerning this applica­ regular routes, transporting: General ized to be served, and Eagle Mountain tion, should be addressed to the Califor­ commodities (except usual exceptions), via U.S. Highways 60 and 70, to junc­ nia Public Utilities Commission, State from Poplar Bluff, Mo., to Doniphan, tion U.S. Highways "60 and 70 and un­ Building, Civic Center, 455 Golden Gate Neelyville, Naylor, and Oxley, Mo.; from numbered County Road 3 miles west of Avenue, San Francisco, Calif. 94102, and Poplar Bluff over U.S. Highways 160 and Desert Center; thence via said unnum­ should not be directed to the Interstate 67 to the junction of U.S. Highways 160 bered County Road to Eagle Mountain, Commerce Commission. and 67, thence over U.S. Highway 160 to with service to all intermediate points the junction of U.S. Highway 160 and on and along said U.S. Highways, and By the Commissiop. Ripley County Highway No. U, thence the said unnumbered County Road and [seal] h . Neil Garson, over Ripley County Highway No. U to all points and places east of Indio and Secretary. Doniphan, thence over Missouri Highway located 10 miles laterally of said high­ [F.R. Doc. 66-10037; Filed, Sept. 13, 1966; 142 to junction Missouri Highway 53, ways and unnumbered road. Present 8:48 a.m.] thence over Missouri Highway 53 to junc­ operations: (1) Between Los Angeles tion U.S. Highways 160 and 67, for 180 basin region, on the one hand, and on days. Supporting shipper: Vitronic the other, Coachella Valley territory and [Notice 251] Inc., W. D. Dowdy, Traffic Manager, Vi­ hnperial Valley territory together with MOTOR CARRIER TEMPORARY tronic, Inc., of Doniphan, Mo., 311 North Winterhaven and points on U.S. High­ AUTHORITY APPLICATIONS Lindbergh Boulevard, St. Louis County, way 80 between Winterhaven and Im­ Mo. 63141. Send protests to: J. P. perial Valley territory and points on U.S. September 9,1966. Werthmapn, District Supervisor, Bureau Highway 99 and State Highway 111 be- The following are notices of filing of of Operations and Compliance, Interstate vl?ien JImPerial Valley and Coachella applications for temporary authority un­ Commerce Commission, Room 3248-B, alley territories; (2) between all points der section 210a(a) of the interstate 1520 Market Street, St. Louis, Mo. 63103.’ ana places in the Coachella Valley ter- Commerce Act provided for under the No. MC 106644 (Sub-No. 72 TA), filed ntory; (3) between all points and places new rules in Ex Parte No. MC 67 (49 September 6, 1966. Applicant: SUPE­ n the Imperial Valley territory; (4) be- CFR Part 240) published in the F ederal RIOR TRUCKING COMPANY, INC., ™Ieeiln 1!.points 311(1 Places on UJS. High- R egister, issue of April 27, 1965, effective Post Office Box 17050, Chattahoochee 80 between Winterhaven and Im- July 1, 1965. These rules provide that Station, 2770 Peyton Road, NW., Atlanta, penai Valley territory, including Winter- protests to the granting of an application Ga. 30321. Applicant’s representative: aven, and all points and places on U.S. must be filed with the field official named Otis E. Stovall (same address as above). 99 and state Highway 111 be- in the F ederal R egister publication, Authority sought to operate as a com­ JK K i nperial Valley territory and the within 15 calendar days after the date mon carrier, by motor vehicle, over irreg­ on S!?TTlalley territory. (Said points notice of the filing of the application is ular routes, transporting: Asphalt or Staff noways SO and 99 and published in the F ederal R egister. One composition lumber, from Craig and hproaf+^kway HI will be referred to copy of such protest must be served on Broken Bow, Okla., to points in Florida, 99r®af.t3r11C0llectively as “Highways 80, the applicant, or its authorized repre­ «».and 111 points”.) North Carolina, South Carolina, Ohio, sentative, if any, and the protest must Virginia, and West Virginia, for 180 days. torvlv^+ween Coachella Valley terri- certify that such service has been made. Supporting shipper: Dierks Forests, Inc., othpi^°TrH,0n one hand> and. on the The protest must be specific as to the 810 Whittington Avenue, Hot Springs, and 80, and 111 points service which such protestant can and Ark. 71901. Send protests to: William (6) K S ?8 in Jmperlal Valley territory; will offer, and must consist of a signed tween Imperial Valley territory L. Seroggs, District Supervisor, Bureau original and six copies. of Operations and Compliance, Inter-

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12044 NOTICES state Commerce Commission, Room 300, and in containers, between Twin Falls, Operations and Compliance, Interstate 680 West Peachtree Street NW., Atlanta, Idaho, and points in Oregon, for 180 Commerce Commission, 1010 Federal Ga. 30308. days. Supporting shippers: Albers Mill­ Building, 550 Main Street, Cincinnati, No. MC 107002 (Sub-No. 329 TA), ing Co., 3350 Fifth Street South, Twin Ohio 45202. filed September 6, 1966. Applicant: Falls, Idaho 83301, Albers Milling Co., By the Commission. HEARIN - MILLER TRANSPORTERS, General Offices, Carnation Building, Los Angeles, Calif. 90036. Send protests to: [seal] H. Neil G arson, INC., Post Office Box 1123, U.S. Highway Secretary. 80 West, Jackson, Miss. 39205. Appli­ John T. Vaughan, District Supervisor, Bureau of Operations and Compliance, [F.R. Doc. 66-10038; Filed, Sept. 13, 1966; cant’s representative: D. D. Kennedy 8:48 a.m.] (same address as above). Authority Interstate Commerce Commission, 2224 sought to operate as a common carrier, Federal Building, Salt Lake City, Utah by motor vehicle, over irregular routes, 84111. [Notice 1411] transporting: Urea, in bags, and in bulk, No. MC 124083 (Sub-No. 31 TA), filed MOTOR CARRIER TRANSFER September 6, 1966. Applicant: SKIN­ from Lake Charles, La., to points in Ar­ PROCEEDINGS kansas, Mississippi, Oklahoma, and NER MOTOR EXPRESS, INC., 1035 Texas, for 180 days. Supporting ship­ South Keystone Avenue, Indianapolis, September 9, 1966. per: Olin Mathieson Chemical Corp., Ind. 46203. Applicant’s representative: Synopses of orders entered pursuant Agricultural Division, Post Office Box 991, Steers, Klee, Jay, and Sullivan, 45 North to section 212(b) of the Interstate Com­ Little Rock, Ark. Send protests to: Pennsylvania Street, Suite 312, Indian­ merce Act, and rules and regulations Floyd A. Johnson, District Supervisor, apolis, Ind. 46204. Authority sought to prescribed thereunder (49 CFR Part Interstate Commerce Commission, Bu­ operate as a common carrier, by motor 179), appear below: reau of Operations and Compliance, vehicle, over irregular routes, trans­ As provided in the Commission’s 312-A, U.S. Post Office Building, Jackson, porting: Salt, from points in Jefferson special rules of practice any interested Miss. 39201. County, Ky., to points on and south of person may file a petition seeking re­ No. MC 111401 (Sub-No. 209 TA), filed Indiana Highway 28, for 180 days. consideration of the following numbered September 6,1966. Applicant: GROEN- Supporting shipper: Cargill, Inc., Cargill proceedings within 20 days from the date DYKE TRANSPORT, INC., 2510 Rock Building, Minneapolis, Minn. Send pro­ of publication of this notice. Pursuant Island Boulevard, Post Office Box 632, tests to : District Supervisor, R. M. to section 17(8) of the Interstate Com­ Enid, Okla. 73701. Applicant’s repre­ Hagerty, Bureau of Operations and Com­ merce Act, the filing of such a petition sentative: Alvin J. Meiklejohn, Jr., 420 pliance, Interstate Commerce Commis­ will postpone the effective date of the Denver Club Building, Denver, Colo. sion, 802 Century Building, 36 South order in that proceeding pending its 80202. Authority sought to operate as a Pennsylvania Street, Indianapolis, Ind. disposition. The matters relied upon by common carrier, by motor vehicle, over 46204. petitioners must be specified in their irregular routes, transporting: Liquid No. MC 124174 (Sub-No. 55 TA), filed petitions with particularity. chemicals, in bulk, in tank vehicles, from September 7, 1966. Applicant: MOM- No. MC-FC-68910. By order of Sep­ Freeport, Tex., to points in California, SEN TRUCKING CO., a corporation, tember 7, 1966, the Transfer Board ap­ Connecticut, Illinois, Indiana, Iowa, Highway 71 and 18 North, Spencer, Iowa proved the transfer to Delbert H. Maryland, Massachusetts, Michigan, 51301. Authority sought to operate as a Stephens and Ferdinand A. Klein, a Minnesota, New Hampshire, New Jersey, common carrier, by motor vehicle, over partnership, doing business as Spokane- New York, North Carolina, Ohio, Penn­ irregular routes, transporting: Hides, St. Maries Auto Freight, Spokane, Wash., sylvania, Rhode Island, and South Caro­ from Fargo, N. Dak., to Sioux City, Iowa, of certificates Nos. MC-52842 and MC- lina, for 180 days. Supporting shipper: ifor 180 days. Supporting shipper: 52842 (Sub-No. 1), issued April 9, 1943, The Dow Chemical Co., G. W. Wester- Needham Packing Co., Inc., 1911 War­ and October 31, 1961, respectively, to man, Traffic Manager, Southern Region, rington Road, Sioux City, Iowa 51107. Earl L. Perm, Priest River, Idaho, the Freeport, Tex. Send protests to: C. L. Send protests to: Carroll Russell, Dis­ former authorizing the transportation Phillips, District Supervisor, Interstate trict Supervisor, Bureau of Operations of lumber, poles, piling, logs, machinery, Commerce Commission, Bureau of Oper­ and Compliance, Interstate Commerce and equipment, building materials, and ations and Compliance, Room 350, Amer­ Commission, 304 Post Office Building, camp equipment and supplies used in ican General Building, 210 Northwest Sioux City, Iowa 51101. logging operations, over irregular routes, Sixth, Oklahoma City, Okla. No. MC 128484 (Sub-No. 1 TA), filed between points and places in Spokane No. MC 116077 (Sub-No. 205 TA), filed September è, 1966. Applicant: BOWEIL and Pend Oreille Counties, Wash., on September 7, 1966. Applicant: ROB­ STORAGE & TRANSIT CO., a corpora­ the one hand, and, on the other, points ERTSON TANK LINES, INC., 5700 Polk tion, 5850 Center Hill Avenue, Cincin­ and places in Kootenai, Bonner, and Avenue, Post Office Box 9527, Houston, nati, Ohio 45232. Applicant’s represen­ Boundary Counties, Idaho, and the latter Tex. 77011. Applicant’s representative: tative: Alan F. Wohlstetter, 1 Farragut authorizing the transportation of lumber J. C. Browder (same address as above). Square South, Washington, D.C. 20006. and cants, over irregular routes, from Authority sought to operate as a com­ Authority sought to operate as a common points in Bonner County, Idaho, to points mon carrier, by motor vehicle, over ir­ carrier, by motor vehicle, over irregular in Nez Perce County, Idaho. Harold D. regular routes, transporting: Urea, dry, routes, transporting: Household goods, Clarke, 912 Paulsen Building, Spokane, in bags, from Lake Charles, La., to as defined by the Commission, between Wash. 99201, attorney for applicants. points in Texas, for 180 days. Support­ points in Hamilton, Butler, Warren, No. MC-FC-68922. By order of Sep­ ing shipper: D. E. Taylor, transporta­ Clermont, Montgomery, Clark, Greene, tember 8, 1966, the Transfer Board ap­ tion supervisor, Rates and Analysis, Ag­ and Miami Counties, Ohio; Dearborn proved the transfer to Rizzo Trucking, ricultural Division, Olin Mathieson County, Ind., and Kenton, Campbell, and Inc., Brooklyn, N.Y., of certificate No. Chemical Corp., Post Office Box 991, Boone Counties, Ky., restricted to ship­ MC-116546, issued July 9, 1958, to Peter Little Rock, Ark. Send protests to: John ments having a prior or subsequent Coleine and Angelo Cortazzo, a partner­ C. Redus, District Supervisor, Bureau of movement beyond said points in contain­ ship, doing business as Amwil Trucking Operations and Compliance, Interstate ers, and further restricted to pickup and Co., New York, N.Y., authorizing the Commerce Commission, Post Office Box delivery service incidental to and in con­ transportation of: Meats, meat products 61212, Houston, Tex. 77061. nection with packing, crating, and con­ and meat byproducts, dairy products, and No. MC 123061 (Sub-No. 35 TA) , filed tainerization, or unpacking, uncrating, articles distributed by meat packing­ September 6, 1966. Applicant: LEA- and decontainerization of such ship­ houses, from New York, N.Y., to points THAM BROTHERS, INC., 46 Orange ments. N o t e: Common control may be in Westchester County, N.Y. Morns Street, Salt Lake City, Utah 84104. Au­ involved, for 180 days. Supporting Honig, 150 Broadway, New York, N.Y. thority sought to operate as a common shipper: Smyth Worldwide Movers, Inc., 10038, attorney for applicant (trans­ carrier, by motor vehicle, over irregular 11616 Aurora Avenue North, Seattle, feree). Robert B. Pepper, 880 Bergen routes, transporting: Animal and Poul­ Wash. 98133. Send protests to: Emil P. Street, Jersey City, N.J., representative try feeds and feed ingredients, in bulk Schwab, District Supervisor, Bureau of for transferor.

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 NOTICES 12045

No. MC-FC-68972. By order of Sep­ Hartford Turnpike, Shrewsbury, Mass., shire, New York, Connecticut, Rhode tember 8, 1966, the Transfer Board ap­ representative for applicants. Island, Maine, Maryland, New Jersey, proved the transfer to Matuszko Farms, No. MC-FC-69041. By order of Sep­ Pennsylvania, and the District of Colum­ Inc., Amherst, Mass., of the operating tember 8, 1966, the Transfer Board ap­ bia, varying with the commodities trans­ rights of Skibiski Produce Corp., Sunder­ proved the transfer to Harold D. Kahn, ported. Edward A. Schwartz, 15 Court land, Mass., in certificate No. MC-42703, Newton Centre, Mass., of the operating Square, Boston, Mass. 02108, attorney for issued April 29, 1954, authorizing the rights of Toro Bios. Trucking of Mas­ applicants. transportation, over irregular routes, of sachusetts, Inc., East Haven, Conn., in No. MC-FC-69045. By order of Sep­ agricultural commodities, from points in certificate No. MC-109607, issued Decem­ tember 7, 1966, the Transfer Board ap­ Hampshire and Franklin Counties, Mass., ber 29, 1949, as amended August 27, proved the transfer to Gerald P. Carolan to points in New Hampshire, Vermont, 1962, authorizing the transportation, and Joel E. Schlipman, doing business as Connecticut, Rhode Island, and New over irregular routes, of general com­ J & J Trucking, Mendon, 111., of the York, and fertilizer, from West Haven, modities, except commodities in bulk, operating rights in certificate No. MC- Conn., to Sunderland, Mass., and from household goods, and other specified 123769, issued by the Commission March Sunderland, Springfield, and South Deer­ commodities; new furniture; household 6,1962, to Earnest R. Robertson, Quincy, field, Mass., to points in New York State goods; new furniture, uncrated and un­ HI., authorizing the transportation of; within 150 miles of Sunderland, and Gravel, sand, and stone, from specified wrapped; wooden frames, unwrapped points in Missouri to points in Adams those in New Hampshire and Vermont and uncrated; groceries and vegetables; County, 111. Robert T. Lawley, 308 on and west of U.S. Highway 3 from the linoleum, rugs, dry goods, canned goods, Reisch Building, Springfield, 111., at­ New Hampshire-Massachusetts State paper, and paper articles; shoes; plumb­ torney for applicants. line to junction U.S. Highway 4, and on ing supplies; and springs (loose or ties [seal] H. Neil Garson, and south of U.S. Highway 4 from junc­ in bundles), baled cotton, fiber, and Secretary. tion U.S. Highway 3 to the Vermont-New moss; between, and from and to speci­ [F.R. Doc. 66-10039; Filed, Sept. 13, 1966; York State line. Arthur Wentzell, 539 fied points in Massachusetts, New Hamp­ 8:48 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER 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 September. Page 3 CFR 3 CFR—Continued Page 7 CFR—Continued page Proclamations: E xecutive Orders—Continued .981------11744 Nov. 5, 1906 (revoked in part 11302 ______11741 1079------11859,12013 by PLO 4083)______11755 11303 ______11963 1134------H860 33 (revoked in part by PLO 11304 ______12005 1421______11932 4083)______11755 11305 ______12007 1446------11592 1066 (revoked in part by PLO P residential Documents Other 1488------11861 4083)______11755 T han P roclamations and E xecu­ 3682 (see Proc. 3743)______12003 tive Orders: P roposed R ules: 3739 ______11639 Reorganization Plan No. 5 of 55------11666 3740 ______11705 1966------11857 110------H614 3741 ------11707 112 ------H 614 3742 ------11855 5 CFR 113 ------H614 3743 ______12003 213...... 11545,11651 301------12023 Executive O rder: 511______----- 11545 905------1------1 1 5 5 3 April 17,1926 (revoked in part 534------11545,11651 932------H758 by PLO 4077) ______11547 993— ...... 11987 6143 (revoked in part by PLO 7 CFR 1013------11669 4077)_____ 11547 51— ------11546 1079...... H896 6276 (revoked in part by PLO 52----- H591 1096_------12023 4077)------68------115471------H653 6583 (revoked in part by PLO 215------11743 8 CFR 4077)------______11547 701...... ___------H591,11965 103------—------H713 7373 (revoked by PLO 4079) __ 11547 717------12011 212------11714 7676 (superseded in part by 722------H965 213- 1------H714 EO 11305)_____ „______12007 724------11655 214------11714,11744 8962 (superseded by EO 728------H859 221----- H714 11305)______12007 811------117H 243------11744 9721 (modified by EO 11303) _ 11963 831—...... 11591,11931 299------H714 9746 (superseded by EO 855------11966,11967 i J l305)------12007 905------H971 10103 (seeEO 11303)______11963 908------11656,11743,11931,12012 9 CFR 10595 (superseded by EO 910------11656,11931,12012 131__...... H607 n ilii05)------— 12007 921------H932 P roposed R ules: H142 (superseded by EO 924------H657 11302) ______11741 324 ...... H614 926 ------H657 325 ------^...... H614 11175 (amended by EO 927 ------H657 “ 304>------— - — 12005 931------H657 1i i “8 (superseded in part by 944------12012 10 CFR 11304)------12005 946------11743 P roposed R ules: naOl------11709 948...... 11658,11712,11743 30...... 12023

FEDERAL REGISTER, VOL. 31, NO. 178— WEDNESDAY, SEPTEMBER 14, 1966 12046 FEDERAL REGISTER

12 CFR Page 21 CFR—Continued page 43 CFR Pase l ______11641 120 __ 11754 2230—______-_____ 11546 531_____ 11972 121 ______11608-11610, 11718,3320 ______11876, 11936 11548 144 ______- 11876 P ublic Land Orders: 13 CFR 166______11754 156 (revoked by PLO 4079)______11547 191______11719 750 (revoked in part by PLO 121______11651,11973 4076) 11546 P roposed R ules: 4019 (corrected by PLO 4081)------11755 121______12024 22 CFR 42______- _____ 11755 4076______11546 4077—______11547 14 CFR 4078 ______11547 25______11933 26 CFR 4079 ______:_____ 11547 39_ 11593,11641,11714,11715,11973 1______11794 4080 ______11755 71______11546, 170______11974 4081 ______11755 11594, 11595,11715-11717, 11745, 197 _ 11974 4082 ______11755 11861,11862, 11934,11973. 198 _ 1 11975 4083—______11755 73 —______11863 201______11975 75 ______11745 2 1 1 ______11975 45 CFR 91______11641 213__ 11975 12______11886 95______11745 240 ______- 11975 704______11890 9 7 ______11596,11864 245_____ 11976 801______— 11890,11935 151______11605,11747 252______11976 P roposed R ules: P roposed R ules: 46 CFR 39______11615,11897 1______11845,11850,11978 222______71______,______11615, 510______11652,12022 11616, 11724, 11725, 11759-11761 P roposed R ules: 7 5 ______11725 28 CFR 10______11665 121______11725 0______— - 11720 11______11665 12______11665 29 CFR 531______— ____ 11616 15 CFR 800______11720 230 11974 47 CFR 399 11870 31 CFR o______11755 315______11879 73 ______11977 74 ______—______11720 16 CFR 332______11879 P roposed R ules: 13______11719, 73______11761,11898 11747, 11750-11754, 11875, 11876 32 CFR 91______11726 15______11607,12014,12015 142______11936 163______12020 48 CFR 18 CFR 536__ 11880 410______11890 11934 579______11642 154______1455______11651 260______12015 49 CFR 71-79___ 11756 P roposed R ules: 32A CFR 77______11549 11947 2______NSA (Ch. XVHE): 101_____ 11550 AGE-4______11651 19 CFR 50 CFR 10______11658,11892 1 0 ______11593 33 CFR 32 ______11551, 14______11974 80______— 11722 11552, 11610-11612, 11662, 11663, 95______11722 11721, 11722, 11756,11757,11892- 21 CFR 11895, 11936, 11937, 11987, 12021 2 ______12018 41 CFR 280— ______l 1938 281______11938 3 ______11935 9 -7______12021 8 ______12018 4 0 1 -______-____ - ______11944 1 9 ______— 11717,11876 9-12______12021 P roposed R ules: 27______12019,12020 9-16______12021 32. ______11947,11987 29______11754 13-1 -______—___ — — 11885 33. ______—_____ 11987