FEDERAL REGISTER VOLUME 33 • NUMBER 119
Wednesday, June 19, 1968 • Washington, D .C. Pages 9001-9058
Agencies in this issue— Agricultural Stabilization and Conservation Service Air Force Department Atomic Energy Commission Civil Aeronautics Board Commerce Department Consumer and Marketing Service Emergency Planning Office Federal Communications Commission Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Housing Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Interior Department Internal Revenue Service Interstate Commerce C om m ission Land Management Bureau Navy Department Post Office Department Securities and Exchange Commission Veterans Administration Wage and Hour Division Detailed list o f Contents appears inside. Subscriptions Now Being Accepted
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90th Congress, 2d Session 1968
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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, -- i l l 011 the day after an official Federal holiday), by the Office of the Federal Register, Nations FEDERAL q Archives and Records Service, General Services Administration (mail address Nation '»34 ,<*• Area Code 202 AGRICULTURE DEPARTMENT EMERGENCY PLANNING OFFICE FEDERAL RESERVE SYSTEM See also Consumer and Marketing Notices. Rules and Regulations Service. Texas; notice of major disaster— 9046 Payment of interest on deposits; Notices multiple maturity time deposits- 9015 Orders designating as contract FEDERAL COMMUNICATIONS Notices market for certain animais COMMISSION Federal Open Market Committee; and products: Rules and Regulations authorization for system foreign Board of Trade of City of currency operations______9045 Chicago ------9036 Civil Air Patrol stations; frequency Chicago Mercantile Exchange— 9036 stability requirements for single FOOD AND DRUG Commodity Exchange, Inc—— 9036 sideband operations------9021 Ohio; designation of areas for Domestic public land mobile radio ADMINISTRATION emergency loans------9037 service; allocation of presently Rules and Regulations unassignable spectrum------9021 Food additives: AIR FORCE DEPARTMENT Notices Fatty acids______9016 Rules and Regulations First Illinois Cable T.V., Inc., and Paper and paperboard______9016 Disclosure of unclassified records- 9018 Rantoul CAYV Co.; order sched Notices uling hearing------9043 Oxytocin solution for nasal spray; ATOMIC ENERGY COMMISSION drug efficacy study implemen FEDERAL DEPOSIT INSURANCE tation ______9037 Notices CORPORATION Jersey Central Power & Light Co.; HEALTH, EDUCATION, AND application for construction Notices permit and facility license*.___ 9038 Insured banks; notice of special WELFARE DEPARTMENT Texas A & M University; proposed call for summary of deposits See Food and Drug Administra issuance of construction permit statement______Ü------9045 tion. and amended facility license__ 9038 FEDERAL HOME LOAN BANK . HOUSING AND URBAN CIVIL AERONAUTICS BOARD BOARD DEVELOPMENT DEPARTMENT Notices Notices See Federal Housing Administra Hearing, etc.: United Financial Corporation of tion. Acquisition of Los Angeles Air California and United Savings ways, Inc. by Westgate-Cali- and Loan Association of Century INTERIOR DEPARTMENT fomia Corp______!__ 9039 City; notice of intention to ac See also Land Management Bu China Airlines, Ltd______9039 quire Fox Hills Savings and reau. Florida Air Taxi, Inc. (2 docu Loan Association______9044 ments) ______9039, 9040 Notices Mohawk Airlines, In c., and FEDERAL HOUSING Puerto Rico; maximum level of Trans World Airlines, Inc__ _ 9041 imports of crude oil and un ADMINISTRATION finished oils______9036 Sedalia, Marshall, Booneville Stage Lines, Inc. (4 docu Rules and Regulations ments) ______9041-9043 Delegations of basic authority INTERNAL REVENUE SERVICE and functions; miscellaneous Rules and Regulations COMMERCE DEPARTMENT amendments____ 1______9017 Facilities and services excise Notices taxes; deposits of certain excise FBDERAL MARITIME taxes in case of certain contin Program Planning Office; organi uation of tax rates______9018 zation and functions______9037 COMMISSION Rules and Regulations INTERSTATE COMMERCE CONSUMER AND MARKETING Compensation and freight for COMMISSION SERVICE warder certification______~ 9019 Notices Notices Rules and Regulations Fourth section application for Milk in Chicago regional mar- Petitions filed for approval: relief______9047 keting area; handling__ 9005 Italy, South France, South Motor carrier: Spain/U.S. Gulf Conference Proposed Rule Making Alternate route deviation no (Med-Gulf) ______9044 tices ______9048 Celery grown in Florida; proposed United States Atlantic & Gulf- amendments to m arketing Haiti Conference ______9044 Applications and certain other agreement and order proceedings______9049 9024 Intrastate applications___ ._____ 9047 111 S°utheastern Minnesota- FEDERAL POWER COMMISSION Temporary authority applica Northern Iowa (“Dairyland” ) : handling ______Notices tions ______;__ 9054 9026 Hearings, etc.: Home Gas Co______9045 d efen se d ep a r t m en t LABOR DEPARTMENT Manufacturers Light and Heat See Wage and Hour Division. See Air Force Department; Navy Co j.—______.'______9045 Department. Ohio Fuel Gas Co______9045 (Continued on next page) 9003 9004 CONTENTS LAND MANAGEMENT BUREAU POST OFFICE DEPARTMENT TREASURY DEPARTMENT See Internal Revenue Service. Notices Rules and Regulations Utah: Changes in conversion rates for Opening of lands to application, international money orders is VETERANS ADMINISTRATION entry and patenting------— 9036 sued in Canada______9022 Rules and Regulations Proposed classification of pub S u b s i s t e n c e allowance; child lic lands for multiple use SECURITIES AND EXCHANGE adopted out of veteran’s family. 9019 management ------9035 COMMISSION WAGE AND HOUR DIVISION NAVY DEPARTMENT Notices Pollution Dynamics Corp.; order Proposed Rule Making Rules and Regulations temporarily suspending exemp Industries of a seasonal nature: Availability of official records; tio n ______9046 Hop drying industry------9034 miscellaneous amendments----- 9018 Mint oil distilling industry------9034 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. ■, \ . A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected. 7 CFR 24 CFR 38 CFR 9019 1030___ !______9005 200____ 9017 21 P roposed R u l e s : 39 CFR 967______9024 26 CFR 49______9018 171 _____ 9022 1061______9026 29 CFR 46 CFR 12 CFR P roposed R u x e s : 510 _ 9019 217______9015 526 (2 documents)------9034 47 CFR 21 CFR 32 CFR 21 _____ 9021 121 (2 documents)------9016 701______— ------9018 87 . ____ 9021 806______l'______9018 9005 Rules and Regulations Payments commerce or directly burden, obstruct, Title 7— AGRICULTURE Sec. or affect interstate commerce in milk or 1030.80 Time and method of payment for its products; and Chapter X— Consumer and Marketing producer milk. 1030.81 Butterfat differential to producers. (5) It is hereby found that the neces Service (Marketing Agreements and 1030.82 Location differentials to producers sary expense of the market adminis O rders; Milk) Department of and on nonpool milk. trator for the maintenance and func Agriculture 1030.83 Producer-settlement fund. tioning of such agency will require the 1030.84 Payments to the producer-settle payment by each handler, as his pro [Milk Order 30] ment fund. rata share of such expense, 4 cents per 1030.85 Payments from the producer-set PART 1030— MILK IN CHICAGO tlement fund. hundredweight or such amount not to ex REGIONAL MARKETING AREA 1030.86 Adjustment of accounts. ceed 4 cents per hundredweight as the 1030.87 Marketing services. Secretary may prescribe, with respect Order Regulating the Handling of 1030.88 Expense of administration. to (i) producer milk (including such Milk 1030.89 Termination of obligations. handler’s own farm production), (ii) Effective T ime, Suspension or Termination other source milk allocated to Class I Definitions pursuant to § 1030.46(a) (3) and (7) Sec. 1030.90 Effective time. and the corresponding steps of § 1030.46 1030.1 Act. 1030.91 . Suspension or termination. 1030.2 Secretary. 1030.92 Continuing power and duty of the (b), and (iii) Class I milk disposed of 1030.3 Department. market administrator. in the marketing area from a partially 1030.4 Person. 1030.93 Liquidation after suspension or regulated distributing plant that ex 1030.5 Cooperative association. termination. ceeds the hundredweight of Class I milk 1030.6 Chicago Regional marketing area. received during the month at such plant 1030.7 Fluid milk product. Miscellaneous Provisions 1030.8 from pool plants and other order plants. Route disposition. 1030.100 Separability of provisions. A cooperative association handler pur 1030.9 Distributing plant. 1030.101 Agents. 1030.10 Supply plant. suant to § 1030.13(e) shall make the 1030.11 Pool plant. Authority: The provisions of this Part payments set forth herein on the pro 1030.12 Nonpool plant. 1030 issued under secs. 1-19, 48 Stat. 31, as ducer milk described in § 1030.16(c). 1030.13 Handler. amended; 7 U.S.C. 601-674. (b) Additional findings. It is neces 1030.14 Producer-handler. § 1030.0 Findings and determinations. sary in the public interest to make this 1030.15 Producer. 1030.16 Producer milk. (a) Findings upon the basis of theorder fully effective not later than July 1030.17 Other source milk. hearing record. Pursuant to the provi 1,1968. Any delay beyond this date would 1030.18 Butter price. sions of the Agricultural Marketing tend to disrupt the orderly marketing of milk in the marketing area. The pro Market Administrator Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable visions of the said order are known to 1030.20 Designation. rules of practice and procedure, govern handlers. The recommended decision of 1030.21 Powers. the Deputy Administrator, Regulatory 1030.22 Duties. ing the formulation of marketing agree ments and marketing orders (7 CFR Programs, was issued December 26, 1967, Reports, Records, and Facilities Part 900), a public hearing was held upon and the decision of the Assistant Secre 1030.30 Reports of receipts and utilization. a proposed marketing agreement and a tary containing all the provisions of this 1030.31 Other reports. proposed order regulating the handling order was issued May 15, 1968. The due 1030.32 Records and facilities. o f milk in the Chicago Regional market and timely execution of the functions of 1030.33 Retention of recorder ing area. Upon the basis of the evidence the Secretary under the Act imperatively Classification introduced at such hearing and the rec and unavoidably requires that he make this order fully effective at the earli 1030.40 Skim milk and butterfat to be ord thereof, it is found that: classified. (1) The said order, and all of the est possible date. The conditions in this 1030.41 Classes of utilization. terms and conditions thereof, will tend marketing area are such that it is ur 1030.42 Shrinkage. to effectuate the declared: policy of the gent that this order become effective no 1030.43 Responsibility of handlers and re- Act; later than July 1, 1968. In view of the classification of milk. (2) The parity prices of milk as deter foregoing, it is hereby found and deter 1030.44 Transfers. mined pursuant to section 2 of the Act mined that good cause exists for making 1030.45 Computation of skim milk and this order fully effective July 1, 1968, and butterfat in each class. are not reasonable in view of the price of feeds, available supplies of feeds, and that it would be contrary to the public 1030.46 Allocation of skim milk and but interest to delay the effective date of terfat classified. other economic conditions which affect market supply and demand for milk in this order for 30 days after its publica Minimum Prices the said marketing area, and the mini tion in the F ederal R egister. (Sec. 1030.50 Basic formula price. mum prices specified in the order are 553(d), Administrative Procedure Act, 5 1030.51 Class prices. such prices as will reflect the aforesaid U.S.C. 551-559.) 1030.52 Butterfat differentials to handlers. factors, insure a sufficient quantity of (c) Determinations. It is hereby de ino«'53 Location adjustments to handlers. pure and wholesome milk and be in the termined that: 1030.54 Equivalent prices. public interest; (1) The refusal or failure of handlers Application of Provisions (3) The said order regulates the (excluding cooperative associations spec handling of milk in the same manner as, ified in sec. 8c (9) of the Act) of more 1030.60 Obligations of handler operating than 50 percent of the milk, which is a partially regulated distributing and is applicable only to persons in plant. the respective classes of industrial or marketed within the marketing area, to commercial activity specified in, a mar sign a proposed marketing agreement, Determination of Uniform Price to Pro keting agreement upon which a hearing tends to prevent the effectuation of the ducers has been held; declared policy of the Act; 1030.70 Computation of the net pool obll- (4) All milk and milk products (2) The issuance of this order is the nv»A>7i gation of each pool handler. handled by handlers, as defined in this only practical means pursuant to the Computation of uniform price. order, are- in the current of interstate declared policy of the Act of advancing FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9006 RULES AND REGULATIONS the interests of producers as defined wholly or partly within such boundaries (ii) The villages of: in the order; and occupied by government (municipal, Biron. Port Edwards. (3) The issuance of this order is apState, or Federal) reservations, installa- proved or favored by at least two-thirds tions, institutions or other similar es- (iii) The cities of: of the producers who participated in a tablishments: Nekoosa. Wisconsin Rapids. referendum and who during the de (a) In the State of Illinois: § 1030.7 Fluid milk product. termined representative period were en ( 1 ) The counties of : gaged in the production of milk for “Fluid milk product” means milk, skim sale in the marketing area. Boone. Kendall. milk, buttermilk, flavored milk, flavored Carroll. Lake. milk drinks, sweet cream, and any mix O rder R elative to H andling Cook. Lee. ture in fluid form of such products, in De Kalb. McHenry. cluding filled milk. It also includes It is therefore ordered, That on and Du Page. Ogle. after the effective date hereof, the or Jo Daviess (except, Stephenson. sour cream and sour cream products ders regulating the handling of milk in the city of East; .Will. which are labeled Grade A. Eggnog, in the Madison, Milwaukee, Northeastern Dubuque). Winnebago. cluding custards and puddings, ice cream Wisconsin, Northwestern Indiana, and Kane. mix, frozen dessert mix, yogurt, aerated Rock River Valley marketing areas ( 2 ) In Whiteside County : cream products, evaporated and con (Parts 1051, 1039, 1045, 1031, and 1038, (i) The townships of : densed milk or skim milk and sterilized respectively) shall be amended and products in hermetically sealed contain merged into one order which is to be Caloma. Jordan. ers shall not be fluid milk products pur Hahnaman. Montmorency. suant to this section. designated as the “Chicago Regional Hopkins. Sterling. marketing area.” The consolidated order Hume. Tampico. § 1030.8 Route disposition. is to be designated Part 1030 in the Code of Federal Regulations and Part Nos. (b) In the State of Indiana: “Route disposition or disposed of on 1031, 1038, 1039, 1045, and 1051 are here (1) The counties of : routes” means a delivery (including dis by vacated. Also §§ 1030.82 and 1030.83 Elkhart. Marshall. position from a retail plant store) of any of the terminated Chicago order are Kosciusko. Porter. fluid milk product classified as Class I hereby revoked. The handling of milk Lake. St. Joseph. under § 1030.41(a) (1) to a retail or in the Chicago Regional marketing area La Porte. Starke. wholesale outlet other than a milk plant. shall be in conformity to and in compli (c) In the State of Wisconsin : Disposition of a plant through a vendor ance with, the following terms and con (1) The counties of : or through a distribution point shall be considered a route delivery at the loca ditions: Brown. Milwaukee. D e f in it io n s tion of the wholesale or retail outlet to Calumet. ^ Monroe. which delivery is made. § 1030.1 Act. Columbia. Oconto. Crawford. Oneida. § 1030.9 Distributing plant. “Act” means Public Act No. 10, 73d Dane. Outagamie. Congress, as amended, and as reenacted Dodge. Ozaukee. “Distributing plant” means a plant and amended by the Agricultural Mar Pond du Lac. Portage. from which a Grade A fluid milk product. keting Agreement Act of 1937, as amend Forest. Racine. that is processed or packaged in such ed (7 U.S.C. 601 et seq.). Grant. Richland. plant is disposed of during the month in Green. Rock. the marketing area on routes, either § 1030.2 Secretary. Iowa. 'Sauk. directly or through another plant. Jefferson. Shawano. “Secretary” means the Secretary of Juneau. Sheboygan. § 1030.10 Supply plant. Agriculture or any officer or employee of Kenosha. Vernon. the United States authorized to exercise Kewaunee. Vilas. “Supply plant” means a plant from the powers and perform the duties of the La Crosse. Walworth. which a Grade A fluid milk product is Secretary of Agriculture. Lafayette. Washington. shipped during the month to another Langlade. Waukesha. plant. § 1030.3 Department. Lincoln. Waupaca. Winnebago. § 1030.11 Pool plant. “Department” means the U.S. Depart Manitowoc. ment of Agriculture. (2) In Door County the city o of f “Pool plant” means a plant at which Sturgeon Bay; miiir is received from dairy fanners, § 1030.4 Person. (3) In Marathon County : a facility at which milk received from “Person” means any individual, part (i) The towns of: farms in a tank truck is commingled with other milk for further shipment, or nership, corporation, association or other Bergen. Marathon. business unit. a plant at which milk is processed and Berlin. Mosinee. packaged or manufactured, which plant §-1030.5 Cooperative association. Bevent. Norrie. y Easton. Plover. or facility is described in paragraph (a), “ Cooperative association” means any Elderon. Reid. (b ), or (c) of this section (except an cooperative marketing association of Franzen. Rib Mountain. other order plant or the plant of a pro producers which the Secretary deter Guenther. . Ringle. ducer-handler or an exempt distributing mines after application by the Harrison. Stettin. plant). If a portion of the plant is not association: Hewitt. Texas. approved by any health authority for the Kn owl ton. Wausau. receiving, processing, or packaging oi (a) To be qualified under the provi Weston. Kronenwetter. any fluid milk product for Grade A dis sions of the Act of Congress of Febru Maine. position and is physically separated front ary 18, 1922, as amended, known as the (ii) The villages of: “Capper-Volstead Act” ; and the Grade A portion, such unapproved portion shall not be considered a part oi (b) To have full authority in the sale Brokaw. Marathon. Elderon. Rothschild. the pool plant. A plant which was a pom of milk of its members and is engaged in Hatley. plant under the provisions of Part liwh making collective sales of or marketing (iii) The cities of: 1038, 1039, 1045, or 1051 during January milk or milk products for its members . 1968 shall be a pool plant under this part Wausau. § 1030.6 Chicago Regional marketing Mosinee. from the effective date of this Par Schofield. area. through July 1968. “Chicago Regional marketing area” , (4) In Wood County: (a) A distributing plant from which (i) The towns of: hereinafter called the “marketing area” there is disposed of during the month no Rudolph. means the territory within the bound Cranmoor. less than the percentages set forth m aries of thp following places including Grand Rapids. Saratoga. piers, docks, and wharves and territory Port Edwards. ' Seneca. subparagraphs (2) and (3) of this para- FEDERAl REGISTER, VOL. 33, NO, 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9007 graph of the receipts specified in sub- and each subsequent month through dispute between employer and employees, paragraph (1). Two or more distributing July during which it would not otherwise the market administrator, upon verifi plants of a handler shall be considered qualify as a pool plant. cation of the handler’s claim, shall not a unit for the purpose of subparagraph (5) During the period from the effec include the receipts and utilization of (3) of this paragraph in any month if the tive date of this part through July 1968 milk at such plant for those days from handler operating such plants has filed the monthly percentage shall be not less the date of notification through the last a written request with the market ad than 10, except that a plant which would day of the work stoppage in determining ministrator prior to such month request have qualifiedton the basis of 10 percent the percentage of milk or butterfat ing that they be considered a unit. shipments during each of the months shipped pursuant to this paragraph. (1) The total Grade A fluid milk prod August 1967 through December 1967 shall When the work stoppage includes an ucts received during the month at such be a pool plant unless nonpool status is entire month,, the plant shall be consid plant, including producer milk'diverted assigned in accordance with subdivision ered to have met the minimum percent under § 1030.16, but excluding receipts (i) or (ii) of subparagraph (4) of this age shipping requirements in that month of fluid milk products from other pool paragraph. for pool plant status pursuant to this distributing plants and receipts from (6) The percentages specified in sub- paragraph, but such relief shall not be other order plants and unregulated sup paragraph (4) of this paragraph appli granted for more than two consecutive ply plants which are assigned pursuant cable during the months August-Decem- months. to § 1030.46(a) (4) (i) (a) and (ii) and ber shall be increased or decreased by up (c) A plant which is operated by a the corresponding step of § 1030.46 (b). to 10 percentage points by the Director cooperative association and which is not (2) Not less than 10 percent of such of the Dairy Division if he finds such re a pool plant pursuant to paragraph (a) receipts is disposed of from such plant vision is necessary to obtain needed ship or (b) of this section shall be a pool in the marketing area in the form of ments or to prevent uneconomic ship plant if at least 50 percent of the Grade packaged fluid milk products either on ments. Before making such a finding the A milk of producers of such cooperative routes or moved to other plants from Director shall investigate the need for association is received at pool distribut which it is disposed of in the marketing revision either on his own initiative or at ing plants of other handlers during the area on routes. Such disposition is to be the request of interested persons and if month and written application for pool exclusive of receipts of packaged fluid his investigation shows that a revision plant status is filed with the market milk products from other pool distribut might be appropriate he shall issue a no administrator on or before the first day ing plants. tice stating that revision is being con of such month. (3) Not less than 45 percent of such sidered and inviting data, views, and receipts is disposed of in the form of arguments with respect to the proposed § 1030.12 Nonpool plant. packaged fluid milk products either on revision; Provided, That if a plant which “Nonpool plant” means a plant (ex routes or moved to other plants. Such would not otherwise qualify as a pool cept a pool plant) which receives milk disposition is to be exclusive of receipts plant during the month pursuant to sub- from dairy farmers or is a milk manu of packaged fluid milk products from paragraph (4) of this paragraph would facturing, processing or bottling plant. other pool distributing plants. qualify as a pool plant as a result of this The following categories of nonpool (b) A supply plant, or a facility atsubparagraph, such plant shall be a non plants are further defined as follows: which milk received from farms in a tank pool plant for such month upon filing by (a) “Other order plant” means a plant truck is commingled with other milk for the operator of such plant a written re that is fully subject to the pricing and further shipment from which the quan quest for nonpool status with the market pooling provisions of another order issued tity of fluid milk products moved dur administrator. pursuant to the Act, unless such plant is ing the month in accordance with (7) Two or more plants shall be con qualified as a pool plant pursuant to subparagraphs (1), (2), and (3) of this sidered a unit for the purpose of this § 1030.11 and a greater volume of fluid paragraph is not less than the percent paragraph if the following conditions milk products is disposed of .from such ages specified in subparagraphs (4) and are met: (5) of this paragraph subject to subpara plant in this marketing area on routes (i) The plants included in a unit are and to pool plants qualified on the basis graphs (6), (7), and (8) of this para owned or fully leased and operated by graph, of the volume of Grade A milk- of route distribution in this marketing the handler establishing the unit. In the area than is so disposed of in the mar received from dairy farmers at such case of plants operated by cooperative Plant or facility, including producer milk- keting area regulated pursuant to such associations two or more cooperative as other order. diverted under § 1030.16. sociations may establish a unit of desig (1) To pool plants pursuant to para (b) “Producer-handler plant” means nated plants by filing with the market a plant operated by a producer-handler graph (a) of this section; administrator a written contractual (2) To plants of producer-handlers; as defined in any order (including this agreement obligating each plant of the part) issued pursuant to the Act. (3) To partially regulated distributing unit to ship milk as directed by such Plants and assigned to Class I milk dis- cooperatives;' (c) “Partially regulated distributing Posed of in the marketing area from-such plant” means a nonpool plant that is not (ii) The handler or cooperatives estab an other order plant, a producer-handler Plants pursuant to § 1030.44(d) (3) ( i) ; lishing a unit notify the market admin , (^i), Sucl1 Percentages after July 1968 plant, or an exempt distributing plant istrator in writing of the plants to be and from which fluid milk products snail be not less than 40 percent in each included therein prior to August 1 of months of September, October, labeled Grade A in consumer-type pack each year and no additional plants shall ages or dispenser units are distributed in and November r.nd 30 percent in all other be added to the unit prior to August 1 of onsaSy except that a plant which is a the following year; and the marketing area on routes during the . Plant pursuant to this paragraph (iii) The notification pursuant to sub month. t w gv.e^ch of the months of August division (ii) of this subparagraph shall (d) “ Unregulated supply plant” means nrough Eteecmber shall be a pool plant list the plants in the order in which they a nonpool plant that is a supply plant Ti,r.,1each.,of the following months of shall be excluded from the unit if the January through July unless: and is not an other order plant, a pro minimum shipping requirements are not ducer-handler plant, or an exempt milk received at the plant does met, such exclusion to be in sequence be distributing plant. rpm ?®ntinue to meet the Grade A milk ginning with the first plant on the list USe in fluid milk prod- and continuing until the remaining (e) “Exempt distributing plant” means or distributed in the marketing area; plants as a unit have met the m inim um a distributing plant operated by a gov requirements. ernmental agency. n w „ ^ ritien application is filed by the (8) If, during August through Decem § 1030.13 Handler. tratr>T.°Perato£ with the market adminis- ber a handler notifies the market admin “Handler” means: suchVnn£r befQre the first d&y 0f any istrator in writing that a plant is unable S a t S o th requesting the plant be des to meet the requirements set forth herein (a) Any person in his capacity as the ignated a nonpool plant for such month because of a work stoppage due to a labor operator of one or more pool plants; FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9008 RULES AND REGULATIONS (b) Any person in his capacity as the (d) Diverted from a pool plant to a (a) Administer its terms and provi operator of a partially regulated distrib nonpool plant subject to the conditions sions; uting plant; Specified in this paragraph. Milk so (b) Receive, investigate, and report (c) Any person in his capacity as a diverted shall be considered as received complaints of violations to the Secretary; broker negotiating a purchase or sale of at the pool plant from which diverted in , (c) Make rules and regulations to ef fluid milk products from or to a person calculating the percentages specified in fectuate its terms and provisions; and described in paragraph (a) or (b) of § 1030.11 and in applying location price (d) Recommend amendments to the Secretary. this section; differentials pursuant to § 1030.82, ex (d) Any cooperative association with cept that in any month in which diverted § 1030.22 Duties. milk of a producer represents more than respect to producer milk which it causes 6 days’ production the location price dif The market administrator shall per to be diverted from a pool plant of an ferential applicable to milk of such form all duties necessary to administer other handler to a nonpool plant for the producer diverted in excess -of the first 6 the terms and provisions of this part, in account of such cooperative association; days shall be based on the zone location cluding but not limited to the following: (e) Any cooperative association with of the nonpool*plant (s) where such milk (a) Within 30 days following the date respect to milk of its producers which is is actually received: on which he enters upon his duties, or received from the farm for delivery to the (1) Milk of a producer diverted for such lesser period as may be prescribed pool plant of another handler in a tank the account of the operator of the plant by the Secretary, execute and deliver to truck owned and operated by or under from which such milk is diverted in any the Secretary a bond effective as of the contract to such cooperative association; of the months August through December date on which he enters upon his duties (f) Any person in his capacity as the which does not exceed the quantity of and conditioned upon the faithful per operator of an other order plant that is such producer’s milk received at the pool formance of such duties, in an amount either a distributing plant or a supply plant; and with surety thereon satisfactory to plant; or (2) Milk of a producer diverted by a the Secretary; (g) A producer-handler. / cooperative as a handler pursuant to (b) Employ and fix the compensation of such persons as may be necessary to § 1030.14 Producer-handler. § 1030.13(d) may not in any of the months August through December ex enable him to administer its terms and “Producer-handler” means any person ceed the quantity of such producer’s milk provisions; who operates a dairy farm and a dis received at the pool plant from which it (c) Obtain a bond in a reasonable tributing plant and who distributes as was diverted. To the extent that milk amount, and with reasonable surety Class I milk on routes in the marketing diverted by a cooperative as a handler thereon, covering each einployee who area only fluid milk products of such during any month would result in the handles funds entrusted to the market person’s own production or fluid milk plant failing to qualify as a pool plant administrator; products received from pool plants: under § 1030.11 such diverted milk shall (d) Pay out of the funds provided by Provided, That such person provides not be producer milk; and § 1030.88, the cost of his bond and of the proof satisfactory to the market admin (3) Milk diverted to an other order bonds of his employees, his own compen istrator that the care and management plant shall be producer milk pursuant to sation, and all other expenses except of all dairy animals and other resources this section only if it is not producer those incurred under § 1030.87, neces necessary to produce the entire volume of milk under such other order. sarily incurred by him in the mainte fluid milk products handled (excluding nance and functioning of his office and receipts from pool plants) and the oper § 1030.17 Other source milk. in the performance of his duties; ation of the processing and packaging “Other source milk” means the skim (e) Keep such books and records as business are the personal enterprise and milk and butterfat contained in or will clearly reflect the transactions pro risk of such person. represented by: vided for in this part, and upon request by the Secretary, surrender the same to § 1030.15 Producer. (a) Fluid milk, products from any source except (1) fluid milk products such other person as the Secretary may “Producer” means any person, except from pool plants, (2) producer milk, or designate; a producer-handler as defined in any (3) fluid milk products in inventory at (f) Publicly announce at his discre order (including this part) issued pur the beginning of the month; and tion, unless otherwise directed by the suant to the Act, who produces milk in Secretary, by posting in a conspicuous compliance with Grade A inspection re (b) Products other than fluid milk place in his office and by such other quirements of a duly constituted health products from any source (including means as he deems appropriate, the name authority, which milk is received as pro those produced at the plant) which are of any person who after the date upon ducer milk at a pool plant or diverted reprocessed, converted into, or combined which he is required to perform such acts, pursuant to § 1030.16 from a pool plant with another product in the plant during has not made either reports pursuant to to a nonpool plant. the month. §§ 1030.30 and 1030.31 or payments pur § 1030.18 Butter price. suant to §§ 1030.80, 1030.84, 1030.86, § 1030.16 Producer milk. “Butter price” means the simple aver 1030.87, and 1030.88; “Producer milk” means the skim milk (g) Submit his books and records to and butterfat in Grade A milk: age as computed by the market adminis trator of the daily wholesale selling prices examination by the Secretary and tar (a) Received at a pool plant directly (using the midpoint of any price range nish such information and reports a from a dairy farmer, except that milk as one price) per pound of Grade A (92- may be required by the Secretary; received by diversion from other order score) bulk creamery butter at Chicago (h) Verify all reports and payments plants which is assigned pursuant to as reported during the ’month by the of each handler by audit of such han § 1030.46(a) (4) (ii) and the correspond Department. dler’s records and of the records of any ing step of § 1030.46(b); other handler or person upon whose (b) Received at a pool plant from a M arket A dministrator utilization the classification of sKim cooperative association handler pur § 1030.20 Designation. milk and butterfat for such handler ex pends, or by such investigation as suant to § 1030.13(e); The agency for the administration of (c) Received by a cooperative associa market administrator deems necessary, this part shall be a market administra (i) Prepare and disseminate for tion as a handler pursuant to § 1030.13 tor, selected by the Secretary, who shall (e) to the extent of the shrinkage of benefit of producers, consumers, an be entitled to such compensation as may handlers such statistics and informatio skim milk and butterfat received from be determined by, and shall be subject producers’ farms which was not received to removal at the discretion of the Sec veal confidential information; at a pool plant under paragraph (b) of retary. this section. In applying §§ 1030.53 and (j) Publicly announce on or before: 1030.82 such skim milk and butterfat § 1030.21 Powers. (1) The fifth day of each month the shall be deemed to be received at the The market administrator shall have Class I milk price pursuant to j io^- location of the pool plant to which de the following powers with respect to this (a) and the Class I butterfat differentia pursuant to § 1030.52(a), both for livery is normally made. part: FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9009 current month, and the Class II milk (3) Fluid milk products received from and the amount and nature of any price pursuant to § 1030.51(b) and the pool plants of other handlers (or other deductions. Class n butterfat differential pursuant pool plants, as applicable) ; to § 1030.52(b), both for the preceding (4) Other source milk; and § 1030.32 Records and facilities. month; and (5) Inventories of fluid milk products Each handler shall maintain and make (2) The 14th day after the end of eachat the beginning and end of the month; available to the market administrator, month the uniform price pursuant to (h) The utilization of all skim milkduring the usual hours of business, such § 1030.71 and the butterfat differential and butterfat required to be reported accounts and records of his operations, pursuant to § 1030.81; pursuant to this section, including a sep together with such facilities as are nec (k) Whenever required for the pur arate statement showing the respective essary for the market administrator to pose of allocating receipts from other amounts of skim milk and butterfat dis verify or establish the correct data with order plants pursuant to § 1030.46(a) (8) posed of as Class I milk inside and out respect to: and the corresponding step of § 1030.- side marketing area on routes; and (a) The receipts and utilization of all 46(b), the market administrator shall (c) Such other information with reskim milk and butterfat handled in any estimate and publicly announce the spect to the receipts and utilization of form during the month; utilization (to the nearest whole per skim milk and butterfat as the market (b) The weights and butterfat and centage) in each class qluring the month administrator may prescribe. other content of all milk and milk prod of skim milk and butterfat, respectively, § 1030.31 Other reports. ucts handled during the month; in producer milk of all handlers. Such (c) The pounds of skim milk and but estimate shall be based upon- the most (a) Each producer-handler and each terfat contained in or represented by all current available data and shall be final handler who operates an other order milk products in inventory at the begin for such purpose; plant shall report the receipts and dis ning and end of each month; and (l) Report to the market administra position of skim milk and butterfat at (d) Payments to dairy farmers and tor of the other order, as soon as possible such plant at such time and in such man cooperative associations, including the after the reports of receipts and utiliza ner as the market administrator may amount and nature of any deductions tion for the month is received from a require and shall allow verification of and the disbursement of money so handler who has received fluid milk such reports by the market adminis deducted. products from an other order plant, the trator. classification to which such receipts are (b) Each handler pursuant to § 1030.33 Retention o f records. allocated pursuant to § 1030.46 pur § 1030.13 (c), (d), and (e) shall report All books and records required under suant to such report, and thereafter to the market administrator on or before this part to be made available to the any change in such allocation required the 10th day after thè end of the month market administrator shall be retained to correct errors disclosed in verification in detail and on forms prescribed by the by the handler for a period of 3 years of such report; market administrator as follows: to begin at the end of the month to (m) Furnish to each handler operat (1) Each handler pursuant to which such books and records pertain: ing a pool plant who has shipped fluid § 1030.13(c) shall report the quantities of Provided, That if within such three-year milk products to. an other order plant, skim milk and butterfat in fluid milk period, the market administrator notifies the classification to which such fluid products moved for his account from the handler in writing that the retention milk products were allocated by the mar each pool plant and received at each pool of such books and records is necessary ket administrator of the other order on plant or partially regulated distributing in connection with a proceeding under the basis of the report of the receiving plant during the month; section 8c(15) (A) of the Act or a court handler; and, as necessary, any changes (2) Each cooperative association action specified in such notice, the han in such classification arising in the veri handler pursuant to § 1030.13(d) shall dler shall retain such books and records fication of such report; and report the quantities of skim milk and or specified books and records until fur (n) On or before the 17th day after butterfat in producer milk diverted for ther written notification from the market the end of each month report to each its account from each pool plant and the administrator. In either case, the market cooperative association, upon request by utilization of such skim milk and butter administrator shall give further written such association, the percentage of the fat during the month; and notification to the handler promptly milk caused to be delivered by the co- (3) Each cooperative association upon the termination of the litigation or °^ative association for its members handler pursuant to § 1030.13(e) shall when the records are no longer neces winch was utilized in each class at each report the quantities of skim milk and sary in connection therewith. Pool plant receiving such milk. For the butterfat in its receipts of producer milk- Purpose of this report, the milk so re pursuant to § 1030.16(c) and producer C lassification ceived shall be allocated to each class at milk delivered to each pool plant during § 1030.40 Skim milk and butterfat to be each pool plant in the same ratio as all the month ; classified. Producer milk received at such plant (c) Each handler operating a partially during the month. The skim milk and butterfat required regulated distributing plant shall report by §§ 1030.30 and 1030.31 to be reported for each such plant the information re R eports, R ecords, and F ac ilities by handlers (excluding transfers from a quired of pool plant operators pursuant pool plant to an other order plant(s) - § 1030.30 Reports o f receipts and utili to § 1030.30 substituting receipts from zation. that are offset by receipts from the other dairy farmers for producer milk; and order plant(s) pursuant to § 1030.44(e)) On or before the 10th day after the (d) Each handler receiving milk from shall be classified by the market admin ena of each month, each handler who producers shall report to the market' istrator pursuant to the provisions of n S * ^ po<)1 plant sha11 report to the administrator in detail and on forms §§ 1030.41 through 1030.46. market administrator in the detail and prescribed by the market administrator prescribed by the market ad- on or before the 25th day after the end § 1030.41 Classes o f utilization. as follows for ea^ of his of the month his producer payroll for Subject to the conditions set forth in remLPl ts,Jexcept that if a handler so such month which shall show for each §§ 1030.43, 1030.44, and 1030.46 the th e ^ iSta? dJthe request is approved by producer: classes of utilization shall be as follows: (1) His identity; Med“ DlStrat0r’ a stagle -report (a) Class I milk. Class I milk shall be (2) The quantity of milk received from all skim milk and butterfat: butfivfTf16 Ouantittes of skim milk and such producer and the number of days (1) Disposed of as a fluid milk prod rfat contained in or represented by: on which milk was received from such uct except as provided in subpara cluriino^^iL received from producers in- producer; graphs (2), (3), (4), and (5) of para § 1030 f llk p o rte d pursuant to (3) The average butterfat content of graph (b) of this section; and 7oi°'i6 f°r SUch handler’s account; such milk; and (2) Not accounted for as Class II milk; handler«^ 11061 milk received from (4) The net amount of such handler’s (b) Class II milk. Class II milk shall Handlers pursuant to § 1030.13(e ); payment, together with the price paid be all skim milk and butterfat: No. 119------2 FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9010 RULES AND REGULATIONS (1) Used to produce any product other (b) Prorate the resulting amounts be (1) The transferring or diverting than a fluid milk product; tween skim milk and butterfat, respec handler claims classification in Class II (2) In fluid milk products disposed of tively, contained in: in his report submitted pursuant to for livestock feed; (1) The net quantity of producer milk § 1030.30; (3) In fluid milk products dumped if and other fluid milk product receipts (2) The operator of such nonpool the market administrator has been noti specified in § 1030.41(b) (7) and (9); plant maintains books and records show fied in advance and afforded the oppor and ing the utilization of all skim milk and tunity to verify such dumping; (2) Other source milk exclusive of that butterfat received at such plant which (4) In fluid milk products delivered in specified in § 1030.41(b) (7) and (9) or are made available if requested by the bulk form to commercial food establish received in the form of packaged fluid market administrator for the purpose of verification; and ments and used in the manufacture of milk products. bakery products, candy or processed (3) If such nonpool plant is located in foods prepared for consumption off the .§ 1030.43 Responsibility of handlers Wisconsin, Minnesota, Iowa, Illinois, In and reclassification of milk. diana, Michigan, or Ohio, the skim milk premises; (5) Represented by the nonfat milk (a) All skim milk and butterfat shall and butterfat so transferred shall be solids added to a fluid milk product be classified as Class I unless the handler classified on the basis of the following whiph is in excess of the weight of an who first receives such skim milk and assignment of utilization at such non equivalent volume of the fluid milk prod butterfat proves to the market adminis pool plant in excess of receipts of pack uct prior to such addition; trator that such skim milk or butterfat aged fluid milk products from all pool (6) In inventory of fluid milk prod should be classified otherwise, however plants and other order plants: ucts on hand at the end of the month; as to milk delivered to a pool plant by a (i) Any Class I utilization' disposed (7) In shrinkage of the skim milk and cooperative association handler pursuant of on routes in the marketing area shall butterfat, respectively, assigned pursuant to § 1030.13(e), said pool plant operator be first assigned to the skim milk and to § 1030.42(b) (1) but not in excess of: shall, have the burden of proving the butterfat in the fluid milk products so (i) Two percent of producer milk classification of such skim milk and but transferred or diverted from pool plants, receipts described in § 1030.16(a); plus terfat defined in § 1030.16(b) and'the next pro rata to receipts from other or (ii) 1.5 percent of bulk fluid milk prod cooperative association handler shall der plants and thereafter to receipts ucts received from pool plants of other have the burden of proving the classifi from dairy farmers who the market ad handlers (or other pool plants, as appli cation of the skim milk and butterfat ministrator determines constitute regu lar sources ,of supply of Grade A milk cable) ; plus defined in § 1030.16(c); (iii) 1.5 percent of producer milk de (b) Mite received by a handler operat for such nonpool plant; scribed in § 1030.16(b), except that if in g a pool plant from a cooperative asso (ii) Any Class I utilization disposed of the handler operating the pool plant ciation handler pursuant to § 1030.13(e) on routes in the marketing area of an files notice with the market administra shall be classified according to use or other order issued pursuant to the Act tor that he is purchasing such milk on disposition at the receiving plant and shall be first assigned to receipts from the basis of farm weights, the applicable the value thereof at class prices shall be plants fully regulated by such order, percentage shall be 2 percent; plus included in the receiving handler’s net next pro rata to receipts from pool plants (iv) 1.5 percent of bulk fluid milk pool obligation pursuant to § 1030.70; and other order plants not regulated by products received from an other order and such order, and thereafter to receipts plant, exclusive of the quantity for which (c) Any skim milk or butterfat shall from dairy farmers who the market ad Class II utilization was requested by the be reclassified if verification by the mar ministrator determines constitute regu operators of both plants; plus ket administrator discloses that the lar sources of supply for such nonpool (v) 1.5 percent of bulk fluid milk prod original classification was incorrect. plant; ucts received from an unregulated sup (iii) Class 1 utilization in excess of ply plant exclusive of the quantity for § 1030.44 Transfers. that assigned pursuant to subdivisions which Class II utilization was requested Skim milk or butterfat transferred in Q) and (ii) of this subparagraph shall be by the handler; less the form of a fluid milk product from a assigned first to remaining receipts from (vi) 1.5 percent of bulk fluid milk pool plant to another plant or diverted dairy farmers who the market adminis products transferred to other plants; in such form to a nonpool plant shall be trator determines constitute the regular (8) In shrinkage of skim milk and but classified: source of supply for such nonpool plant terfat, respectively, assigned pursuant to (a) At the utilization indicated by the and Class I utilization in excess of such § 1030.42(b) (2); operators of both plants, otherwise as receipts shall be assigned pro rata to (9) In shrinkage of skim milk and Class I milk, if transferred to another unassigned receipts at such nonpool butterfat, respectively, of producer milk pool plant except that the'skim milk or TYiaTvh from nil t>ool and othGr order diverted pursuant to § 1030.16(d) but not butterfat so assigned to any class shall plants; and in excess of one-half percent of diverted be limited to the amount remaining in (iv) To the extent that Class I utiliza milk exclusive of that which is diverted such class in the transferee plant after tion is not so assigned to it, the skim on the basis of farm weights; and computations pursuant to § 1030.46 milk and butterfat so transferred shall (10) In shrinkage of skim milk and (a) (8) and the corresponding step of be classified as Class II milk; butterfat, respectively, of producer milk § 1030.46(b); (4) If such nonpool plant is located described in § 1030.16(c) but not in ex (b) As Class I milk, if transferred to outside Wisconsin, Minnesota,. Iowa, Hh- cess of one-half percent of the quantity a producer-handler; nois, Indiana, Michigan, or Ohio, the received by the cooperative association as (c) As Class I milk if transferred in skim milk and butterfat so transferred a handler pursuant to § 1030.13(e) as packaged form to a nonpool plant that shall be classified as Class I to the exten determined by farm weights exclusive of is not an other order plant; of the Class I disposition: from such non the quantity on which shrinkage at a (d) As Class I milk, if transferred or pool plant during the month and any rate of two percent is applicable under diverted in bulk to a nonpool plant that excess over such Class I disposition shau subparagraph (7) (iii) of this paragraph. is not an other order plant, a producer- be classified as Class II; and (e) As follows if transferred or divert § 1030.42 Shrinkage. handler plant or an exempt distributing plant unless the requirements of sub- ed to an other okder plant in excess o The market administrator shall allo paragraphs (1) and (2) of this para receipts from such plant in the sa cate shrinkage over a handler’s receipts graph are met, in which case the skim category as described in subparagrapn as follows: milk and butterfat so transferred or (1)^ (2) , or (3) of this paragraph: (a) Compute the-total shrinkage of diverted shall be classified in accord & (1) If transferred in packaged form, skim milk and butterfat, respectively, at classification shall be in the classes each pool plant (or at his combined pool ance with the assignment resulting from subparagraph (3) or (4) of this para which allocated as a fluid milk prod plants if a single report is filed pursuant under the other order; to § 1030.30); and graph: FEDERAL REGISTER, V O L 33, NO. 119— WEDNESDAY, JUNE ,19, 1968 RULES AND REGULATIONS 9011 (2) If diverted or transferred in bulk (c) The market administrator shallproducts on hand at the beginning of form, classification shall be in the classes allocate pursuant to § 1030.46 and com the month; to which allocated as a fluid milk prod pute the obligation pursuant to § 1030.70 (6) Add to the remaining pounds of uct under the other order (including allo of a cooperative association on producer skim milk in Class II milk the pounds cation under the conditions set forth in milk pursuant to § 1030.16 (c) and (d) subtracted pursuant to subparagraph (1) subparagraph (3) of this paragraph); for which it is the handler pursuant to of this paragraph; (3) If the operators of both the trans § 1030.13 (d) and (e) separately from (7) Subtract from the pounds of skim feror and transferee plants so request the operations of any pool plant operated milk remaining in each class, pro rata in the reports of receipts and utilization by such cooperative association. to such quantities, the pounds of skim filed with their respective market admin § 1030.46 Allocation o f skim milk and milk in receipts of fluid milk products istrators, transfers in bulk form shall be butterfat classified. from unregulated supply plants which classified as Class n to the extent of the were not subtracted pursuant to sub- Class II utilization (or comparable utili After making the computations pur paragraph (4) (i) of this paragraph; zation under such other order) available suant to § 1030.45, the market adminis (8) Subtract from the pounds of skim for such assignment pursuant to the trator shall determine the classification milk remaining in each class, in the allocation provisions of the transferee of producer milk for each handler (or following order, the pounds of skim milk order; pool plant, if applicable) as follows: in receipts of fluid milk products in bulk (4) If information concerning the (a) Skim milk shall be allocated in thefrom an other order plant (s), in excess classification to which allocated under -following manner: in each case of similar transfers to the the other order is not available to the (1) Subtract from the total pounds of same plant, which were not subtracted market administrator for purposes of skim milk in Class II milk the pounds of pursuant to subparagraph (4) (ii) of establishing classification pursuant to skim milk classified as Class II milk pur this paragraph; this paragraph, classification shall be as suant to § 1030.41(b) (7) and (9); (i) In series beginning with Class II Class I, subject to adjustment when such (2) Subtract from the remaining milk, the pounds determined by multi information is available; pounds of skim milk in each class the plying the pounds of such receipts by the (5) For purposes of this paragraph, if pounds of skim milk in fluid milk prod larger of the percentage of estimated the transferee order provides for more ucts received in packaged form from an Class II milk utilization of skim milk an than two classes of utilization, milk allo other order plant in excess in each case nounced for the month by the market cated to a class consisting primarily of of similar transfers to the same plant as administrator pursuant to § 1030.22(k) fluid milk products shall be classified as follows: or the percentage that Class II milk Class I milk and milk allocated to the (i) From Class II milk, the lesser of utilization remaining is of the total re other classes shall be classified as Class the pounds remaining or 2 percent of maining utilization of skim milk of the II; and such receipts; and handler; and (6) If the form in which any fluid milk (ii) From Class I milk, the remainder _ (ii) From Class I milk, the remaining product is transferred to an other order of such receipts; pounds of such receipts; plant is not defined as a fluid milk prod (3) Subtract in the order specified (9) Subtract from the pounds of skim uct under such other order, classification below from the pounds of skim milk re milk remaining in each class the pounds shall be in accordance with the provi maining in each class, in series beginning of skim milk received in fluid milk prod sions of § 1030.41. with Class II milk, the pounds of skim ucts from pool plants of other handlers (f) As Class I milk, if transferred ormilk in each of the following: (or other pool plants, if applicable) ac diverted to an exempt distributing plant. (i) Other source milk in a form other cording to the classification assigned than that of a fluid milk product; pursuant to § 1030.44(a); and § 1030.45 Computation of skim milk (10) If the pounds of skim milk re and butter fat in each class. (ii) Receipts of fluid milk products for maining in all classes exceed the pounds The market administrator shall cor which Grade A certification is not of skim milk in' producer milk, subtract rect for mathematical and other obviou established, or which are from unidenti fied sources; and such excess from the pounds of skim errors the reports of receipts and utiliza milk remaining in each class in series each month pursuant t< (iii) Receipts of fluid milk products beginning with Class II milk. Any ss 1030.30 and 1030.31 and compute thi from a producer-handler, as defined amount so subtracted shall be known as. Pounds of skim milk and butterfat ii under this or any other Federal order “overage” ; and each class for each handler as follows and from an exempt distributing plant; (b) Butterfat shall be allocated in ac (a) If any water contained in the mill (4) Subtract, in the order specified cordance with the procedure outlined for rom which a product is made is remove< below from the pounds of skim milk skim milk in paragraph (a) of this sec ore the product is utilized of disposec remaining in Class II milk but not in tion. by a handler, the pounds of skim mill excess of such quantity: M in im u m P rices of in such Pr°duct shall be con. (i) Receipts of fluid milk products sioered to be a quantity equivalent to th< from an unregulated supply plant: § 1030.50 Basic formula price. n ^ iat\ uulk solids contained in sucl (a) For which the handler requests The basic formula price shall- be the ? lus a11 ^he water originally Class II milk utilization; or average price per hundredweight for associated with such solids; (b) Which are in excess of the pounds manufacturing grade milk f.o.b, plants market administrator shal of skim milk determined by multiplying in Wisconsin and Minnesota, as reported. A i he receipts and . utilization ir the pounds of skim milk remaining in by the Department for the month. Such n w . ihe ^Pective classes at all poo Class I milk by 1.25 and subtracting the price shall be adjusted to a 3.5 percent fmn-i 0fta handler including diversion sum of the pounds of skim milk in pro butterfat basis by a butterfat differential amrchS«!i?k P°o1 Plants by the handle: ducer milk, receipts from pool plants of (rounded to the nearest one-tenth cent) tion allocate such combined utiliza- other handlers (or other pool plants, if at the rate of the butter price times 0.12 and rounded to the nearest cent. For the duW k!SUu?^' to. § 1030.46 and shall com- applicable), and receipts in bulk from suant fkligation of such handler pur- other order plants; and purpose of computing Class I prices from the effective date hereof through April utilization103?’70 based on tile combinec (ii) Receipts of fluid milk products in 1969, the basic formula price shall be not w S n f SS-a handler has filed £ bulk, including diversions from an other less than $4.33. istratnv Wlttl ^ e market admin- order plant in excess of similar transfers made fn ^ a t separate computations b< and diversions to such plant, if Class § 1030.51 Class prices. Products each, plant, and if no fluid mill II milk utilization was requested by the Subject to the provisions of § 1030.52, § 1030 4« ^ X l assi^ned Pursuant t( operator of such plant and the handler; the class prices per hundredweight for responding f(7) or (8) and the cor- (5) Subtract from the pounds of skim the month shall be as follows: r e X d ! t P ° f § 1Q30.46(b) wen milk remaining in each class, in series (a) Class I milk price. The Class I any 5001 Plant ° f « » beginning with Class II milk, the pounds milk price shall be the basic formula of skim milk in inventory of fluid milk price for the preceding month plus $1.20. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9012 RULES AND REGULATIONS (b) Class II milk price. The Class II ceive a location adjustment computed as (ii) Receipts specified in subpara milk price shall be the basic formula follows: graph (6) (ii) of this paragraph; price for the month. (1) Determine the aggregate quantity (10) Multiply by the location adjust of Class I milk at such plant (or all pool ment rates applicable at the transferor § 1030.52 Butlerfat differentials to han plants of such handler for which a single plants, the quantities assigned pursuant dlers. report is filed pursuant to § 1030.30 after to subparagraph (7) of this paragraph For milk containing more or less than eliminating duplication for transfer be to receipts from other pool plants in prior 3.5 percent butterfat, the class prices for tween such plants); months; the month pursuant to § 1030.51 shall (2) Subtract the quantity of packaged (11) Multiply the quantity of bulk be increased or decreased, respectively, fluid milk products received at the han fluid milk products shipped from the for each one-tenth percent butterfat at dler’s pool plant (s) from the pool plants handler’s pool plant(s) to nonpool plants a rate, rounded to the nearest one-tenth of other handlers (or other pool plants, and classified as Class I by the location cent, determined as follows: if applicable) and from nonpool plants; adjustment rates applicable at the ship (a) Class I price. Multiply the butter (3) Subtract the quantity of bulk ping plant; price for the preceding month by 0.12. fluid milk products shipped from the (12) Multiply the quantity of Class I (b) Class II price. Multiply the butter handler’s pool plant (s) to pool plants of milk packaged by pool supply plants and price for the month by 0.12. other handlers (or other pool plants, if disposed of on routes or to other plants applicable) and to nonpool plants that by the location adjustment rates appli § 1030.53 Location adjustments to han cable at the pool supply plants from dlers. are classified as Class.I; (4) Subtract the Class I milk packaged which disposition is made; A location adjustment for each han by pool supply plants and disposed of on (13) Add together the minus amounts dler who operates a pool plant shall be routes or to other plants; obtained pursuant to subparagraphs (8), computed by the market administrator (5) Subtract the quantity of bulk fluid (9), (10), (11), and (12) of this para as follows: milk products received at the handler’s graph; and (a) The market administrator shall pool plant(s) from other order plants (14) Add together the plus amounts determine the location adjustment rate and unregulated supply plants that are obtained pursuant to subparagraphs (8), fpr each plant at which milk is to be assigned to Class I pursuant to § 1030.46; (9), (10), (11), and (12) of this para priced under this part on the following (6) Assign the remaining quantity pro graph. basis: rata to receipts during the month from (1) Zone I—adjustment rate—none. (d) A handler (other than one de each source as specified in subdivisions scribed in paragraph (c) of this section) Zone I shall consist of the territory out (i) and (ii) of this subparagraph: side the State of Indiana within 85 miles who operates a pool supply plant located of the city hall in Chicago plus Milwau (i) Receipts at the handler’s pool outside the State of Indiana shall receive kee County, Wis., and Winnebago distributing plant(s) of producer milk, a location adjustment credit on producer County, 111. except that if the quantity prorated to milk at such plant classified as Class I (2) Zone 2—adjustment rate—minus any distributing plant exceeds the Class that is not shipped as a bulk fluid milk 2 cents per hundredweight of milk. Zone I disposition from such plant, such quan product to a pool distributing plant. 2 shall consist of the territory outside of tity shall be reduced to the amount of (e) A handler (other than one de Zone I and outside the State of Indiana such Class I disposition and the quan scribed in paragraph (c) of this section) but not to exceed 100 miles from the city tity of milk represented in such reduc who operates a pool supply plant located hall in Chicago. tion shall be prorated to receipts of pro in the State of Indiana shall be charged (3) For plants located beyond Zone 2 ducer milk at other distributing plants a location adjustment on producer milk and outside the State of Indiana, the of the handler (limited in each instance at such plant classified as Class I that is minus adjustment rate shall be an addi to "the amount of Class I disposition at not shipped as a bulk fluid milk product tional 2 cents per hundredweight of each such plant) and receipts of bulk to a pool distributing plant. fluid milk products at such distributing milk for each 15 miles or fraction thereof § 1030.54 Equivalent prices. over 100 miles. The territory beyond 100 plants from other pool plants; and miles, but not to exceed 115 miles, shall be (ii) Receipts of bulk fluid milk prod If for any reason a price quotation or Zone 3 and each successive 15-mile area ucts at such distributing plants from other pricing factor required by this shall be an additional zone. each other pool plant according to the order for computing class prices or for (4) Indiana zone—For plants located quantity of such receipts from each such other purposes is not available in the in the State of Indiana, the adjustment source; manner described, the market adminis rate shall be plus 2 cents per hundred (7) If receipts during the month at trator shall use a price quotation oj: price weight of milk for each 15 miles or frac such distributing plants of producer milk factor determined by the Secretary to be tion thereof that such plant is distant and bulk fluid milk products from other equivalent to that required. from the city hall in Chicago. pool plants are less than the quantity to A pplication op P rovisions (b) (1) The mileages applicable pur be assigned pursuant to subparagraph suant to this section and § 1030.82 shall (6) of this paragraph, prorate the § 1030.60 Obligation of handler operat be determined by the market adminis amount of such excess in the same man ing a partially regulated distributing trator on the basis of the shortest high ner over such receipts in the next prior plant. way distance between the handler’s month in which there were receipts in Each handler who operates a partially plant and the city hall in Chicago. excess of those assigned in that month regulated distributing plant shall pay to (2) The market administrator shall pursuant to this subparagraph. For the the market Administrator for the pro notify each handler of the zone or mile first month in which this part is effec ducer-settlement fund on or before the age determination. tive such excess shall be prorated accord 25th day after the end of the month (3) Mileage shall be subject to re ing to the receipts in such month; either of the amounts (at the handlers determination at all times. In the event (8) Multiply by the location adjust election) calculated pursuant to para a handler requests a redetermination of ment rates applicable at the transferor graph (a) or (b) of this section. If the the mileage pertaining to any plant, the plants, the quantity assigned to receipts handler fails to report pursuant to market administrator shall notify the of producer milk at such distributing § 1030.31 the information necessary to compute the amount specified in para handler of his findings within 30 days plants pursuant to subparagraph (6) (i) and (7) of this paragraph; graph (a) of this section, he shall pay after the receipt of such request. Any the amount computed pursuant to para financial obligations resulting from a (9) Multiply by the location adjust change in mileage shall not be retroac ment rates applicable at the transferor graph (b) of this section: tive for any period prior to the redeter plants, the lesser o f: (a) An amount computed as follows : mination announced by the market ad (i) 110 percent of the quantities as (1) The obligation that would have ministrator. signed to receipts from each other pool been computed pursuant to § 1030.70 w (c) A handler who operates a pool plant pursuant to subparagraph (6) (ii) through (e) at such plant shall be deter distributing plant (or plants) shall re of this paragraph; or mined as though such plant were a poo FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9013 plant. For purposes of such computation, and (d ), and of each cooperative associa (e) Add an amount representing not receipts at such nonpool plant from a tion with respect to producer milk de less than one-half the unobligated bal pool plant or an other order plant shall scribed in § 1030.16(c), shall be a sum of ance in the producer-settlement fund; be assigned to the utilization at which money computed for each month by the (f) Divide the resulting amount by classified at toe pool plant or other order market administrator as follows: the sum of the following for all handlers plant and transfers from such nonpool (a) Combine the quantities of pro included in these computations: plant to a pool plant or an other order ducer milk received by the handler (at (1) The total hundredweight of pro plant shall be classified as Class II milk each plant, if applicable) and multiply ducer milk; and if allocated to such class at the pool plant .the quantity of producer milk in each or other order plant and be valued at the class as computed pursuant to § 1030.46 (2) The total hundredweight for uniform price of the respective order if by the applicable class prices adjusted which a value is computed pursuant to so allocated to Class I milk. There shall pursuant to § 1030.52; § 1030.70(e) ; and be included in the obligation so computed (b) Add the amount obtained from (g) Subtract not less than 4 cents nor a charge in the amount specified in multiplying the overage deducted from more than 5 cents per hundredweight. § 1030.70(e) and a credit in the amount each class pursuant to § 1030.46(a) (10) P a y m e n t s specified in § 1030.84(b) (2) with respect and the corresponding step of § 1030.46 to receipts from an unregulated supply (b) by the applicable class prices ad § 1030.80 Time and method of payment plant, unless an obligation with respect justed pursuant to § 1030.52; for producer milk. to such plant is computed as specified be (c) Add the amount obtained by (a) Except as provided in paragraphs low in this subparagraph. If the operator multiplying the difference between the (b) and (c) of this section, each han of the partially regulated distributing Class II milk price for the preceding dler shall make payment for producer plant so requests, and provides with his month and the Class I milk price for the milk received during the month as fol report pursuant to § 1030.31 similar re current month by the hundredweight lows: ports with respect to the operations of of skim milk and butterfat subtracted (1) On or before the 18th day of the any other nonpool plant which serves as from Class I milk pursuant to § 1030.46 following month to each producer, not a supply plant for such partially regu (a)(5) and the corresponding step of less than the uniform price, adjusted by lated distributing plant by shipments to § 1030.46(b); the butterfat and location differentials such plant during the month equivalent (d) Add an amount equal to the dif to producers, multiplied by the hundred to the requirements of § 1030.11(b), with ference between the value at the Class weight of milk received from such pro agreement of the operator of such plant I milk price applicable at the pool plant ducer during the month, subject to the that the market administrator may ex where received and the value at the following, adjustments: amine the books and records of such Class II milk price, with respect to skim (1) Less marketing service deductions plant for purposes of verification of such milk and butterfat in other source milk made pursuant to § 1030.87; reports, there will be added the amount subtracted from Class I pursuant to of the obligation computed at such noil- § 1030.46(a) (3) and the corresponding (ii) Plus or minus adjustments for er pool supply plant in the same manner step of § 1030.46(b); rors in previous payments made to such and subject to the same conditions as for (e) Add an amount equal to the value producer; and the partially regulated distributing plant. at the Class I milk price (after making (iii) Less proper deductions author (2) From this obligation there will bethe location adjustment rate for the ized in writing by such producer. deducted the sum of (i) the gross pay nearest nonpool plant from which an (2) If by such date for final payment, ments made by such handler for Grade equivalent volume was received) of the such handler has not received full pay A milk received during the month from skim milk and butterfat subtracted from ment from the market administrator dairy farmers at such plant and like pay Class I pursuant to § 1030.46(a) (7) and pursuant to § 1030.85 for such month, he ments made by the operator of a supply the corresponding step of § 1030.46(b) ; may reduce pro rata his payments to plant (s) included in the computations (f) Subtract an amount equal to the producers by not more than the amount pursuant to subparagraph (1) of this minus location adjustment computed of such underpayment. Payments to paragraph, and (ii) any payments to the pursuant to § 1030.53 (c) (13) or (d ); and producers shall be completed thereafter Producer-settlement fund of another or (g) Add an amount equal to the plus not later than the date for making pay der under which such plant is also a par location adjustment computed pursuant ments pursuant to this paragraph next tially regulated distributing plant. to § 1030.53 (c) (14) or (e). following after the receipt of the bal (b) An amount computed as follows: ance due from the market administrator; § 1030.71 Computation of uniform (1) Determine the respective amounts price. (b) Payments required in para of skim milk and butterfat disposed of graph (a) of this section shall be made as Class I milk in the marketing area on For each month the market adminis to a cooperative association, qualified routes; trator shall compute the uniform price under § 1030.5, or its duly authorized (2) Deduct (except that deducted un per hundredweight of producer milk, of agent, with respect to milk of producers der a similar provision of another order 3.5 percent butterfat content at plants in which the market administrator deter issued pursuant to the Act) the respec Zone I, as follows: mines have authorized such coopera tive amounts of skim milk and butterfat (a) Combine into one total the values tive association to collect payment for eceived as Class I milk at the partially computed pursuant to § 1030.70 for all their milk and the cooperative associa egulated distributing plant from pool handlers, except those of handlers who tion has presented, the handler with a Plants and other order plants; failed to make payments required pur written request for such payments. Pay Combine the amounts, of skim suant to § 1030.84 for the preceding ments to the cooperative association un muk and butterfat remaining into one month; der this paragraph shall be made subject determine the weighted aver- (b) Add or subtract for each one-tenth to the condition that the association has ae butterfat content; and percent that the average butterfat con provided the handler with a written ™From va^ue °f such milk at tent of milk represented by the values promise to reimburse the handler the thoi ^ 1 Price (after deducting specified in paragraph (a) of this section amount of any actual loss incurred by ir> „ ?^aJ'lon adjustment rate for the zone is less or more, respectively, than 3.5 per such handler because of any improper the nonpool plant is located) cent, the amount obtained by multiplying claim on the part of the cooperative as thn c0aCt value at the uniform price at such difference by the butterfat differ sociation; and 6 lcication or at the Class II price, ential pursuant to § 1030.81 and multi whichever is higher. (c) On or before the 18th day of the plying the result by the total hundred following month, each handler, in his Determination op U n ifo rm P rice to weight of such milk; capacity as operator of a pool plant, who P roducers (c) Add an amount equal to the total receives milk for which a cooperative as value of the minus location differentials sociation is the handler during the month .Computation o f the net pool obligation o f each handler. computed pursuant to § 1030.82(a); pursuant to § 1030.13(e) shall pay such (d) Subtract an amount equal to the cooperative association for such milk at eachhnninP001 obu&ation (or credit) of total value of the plus location differen the uniform price, adjusted by applica n handler pursuant to § 1030.13 (a) tials computed pursuant to § 1030.82(b); ble butterfat and location differentials. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9014 RULES AND REGULATIONS § 1030.81 Butterfat differential to pro from which received (not to be less than own farm production), (b) other source ducers. the value at the Class II price) with milk allocated to Class I pursuant to respect to other source milk for which a § 1030.46(a) (3) and (7) and the corre The uniform price pursuant to sponding steps of § 1030.46 (b) and (c) § 1030.71 shall be increased or decreased value is computed pursuant to § 1030.70 (e). Class I milk disposed of in the marketing for each one-tenth of 1 percent that the area from a partially regulated distribut butterfat content of such milk is above § 1030.85 Payments from the producer- ing plant that exceeds the hundredweight or below 3.5 percent, respectively, at the settlement fund. of Class I milk received during the month rate determined by multiplying the On or before the 17th day after the end at such plant from pool plants and other pounds of butterfat in producer milk al of each month, the market administrator order plants. A cooperative association located to Class I and Class II milk pur shall pay to each handler the amount, handler pursuant to § 1030.13(e) shall suant to § 1030.46 by the respective but if any, by which the amount computed make the payments set forth herein terfat differential for each class, divid pursuant to § 1030.84(b) exceeds the ing the sum of such values by the total on. the producer milk described in amount computed pursuant to § 1030.70: § 1030.16(c). pounds of such butterfat, and rounding Provided, That if the balance in the the resultant figure to the nearest one- producer-settlement fund is insufficient § 1030.89 Termination o f obligations. tenth cent. to make all payments pursuant to this The provisions of this section shall § 1030.82 Location differentials to pro section, the market administrator shall apply to any obligation under this part ducers and on nonpool milk. reduce uniformly such payments and for the payment of money. The uniform price pursuant to shall complete such payments as soon as (a) The obligation of any handler to § 1030.71 shall be adjusted as follows: the necessary funds become available. pay money required to be paid under the terms of this part shall, except as pro (a) For producer milk received at a § 1030.86 Adjustment of accounts. pool plant located outside the State of vided in paragraph (b) and (c) of this When verification by the market ad Indiana: section, terminate 2 years after the last (1) If outside Zone 1 as described in ministrator of reports or payment of any day of the calendar month during which § 1030.53(a) (1) and within 100 miles of handler discloses errors resulting in the market administrator receives the the city hall in Chicago deduct 2 cents monies due (a) the market administrator handler’s utilization report on the milk per hundredweight; and from such handler, (b) such handler involved in such obligation unless within (2) If 100 miles or more from the city from the market administrator, or (c) such 2-year period the market adminis hall in Chicago, deduct 4 cents per hun any producer or cooperative association trator notifies the handler in writing that dredweight for the first 115 miles or less from such handler, the market adminis such 'money is due and payable. Service and 2 cents per hundredweight for each trator shall promptly notify such han of such notice shall be complete upon additional 15 miles or fraction thereof dler of any amount so due and payment mailing to the handler’s last known ad that such plant is more than 115 miles thereof shall be made not later than the dress and it shall contain but need not from the Chicago city hall. date for making payment next following be limited to, the following: (b) For producer milk received at a such disclosure. (1) The amount of the obligation; pool plant located in the State of In (2) The months during which the § 1030.87 Marketing services. milk, with respect to which the obliga diana, add 2 cents per hundredweight for (a) Except as set forth in paragraph each 15 miles or fraction thereof that tion exists, was received or handled; and (b) of this section, each handler in mak (3) If the obligation is payable to one such plant is distant from the city hall ing payments to each producer pursuant in Chicago. or more producers or to an association of to § 1030.80 shall deduct 5 cents per producers, the name of such producers or (c) For the purpose of computations hundredweight or such lesser amount pursuant to § 1030.84(b) (2) the uniform association of producers, or if the obliga as the Secretary may prescribe with re tion is payable to the market administra price shall be adjusted at the rate pur spect to producer milk received by such suant to § 1030.53 applicable at the lo tor, the account for which it is to be paid. handler (exceptsuch handler’s own farm (b) If a handler fails or refuses, with cation of the nonpool plant from which production) during the month, and shall the milk was received. respect to any obligation under this part, pay such deductions to the market ad to make available to the market adminis § 1030.83 Producer-settlement fund. ministrator not later than the 18th day trator or his representatives all books The market administrator shall main after the end of the month. Such monies and records required by this part to be tain a separate fund known as the shall be used by the market administra made available, the market administra “producer-settlement fund” into which tor to verify or establish weights, samples, tor may, within the 2-year period pro he shall deposit all payments into such and tests of producer milk and to provide vided for in paragraph (a) of this sec fund and out of which he shall make all producers with market information. Such tion, notify the handler in writing of such payments from such fund pursuant to services shall be performed by the market failure or refusal. If the market adminis §§ 1030.60, 1030.84, 1030.85, and 1030.86; administrator or by an agent engaged trator so notifies a handler, the said 2- Provided, That the market administra by and responsible to him. year period with respect to such obliga tor shall offset the payment due to a (b) In the case of member producers tions, shall not begin to run until the , handler against payments due from such for whom a cooperative association is first day of the calendar month follow handler. performing, as determined by the Secre ing the month during which all such tary, tiie services set forth in paragraph books and records pertaining to such § 1030.84 Payments to the producer- (a) of this section, each handler shall obligation are made available to the mar settlement fund. make, in lieu of the deductions specified ket administrator or his representatives. On or before the 16th day after the in paragraph (a) of this section such de (c) Notwithstanding the provisions of end of the month each handler shall pay ductions as are authorized by such pro paragraphs (a) and (b) of this section, to the market administrator the amount, ducers and, on or before the 18th day a handler’s obligation under this part to if any, by which the total amounts after the end of each month, pay over pay money shall not be terminated with specified in paragraph (a) of this section such deductions to the association ren respect to any transaction involving exceed the amounts specified in para dering such services. fraud or willful concealment of a fact, material to the obligation, on the part oi graph. (b) of this section: § 1030.88 Expense of administration. (a) The net pool obligation computed the handler against whom the obliga pursuant to § 1030.70 for such handler; As his pro rata share of the expense tion is sought to be imposed. and of administration of the order, each (d) Any obligation on the part of the (b) The sum of: handler shall pay to the market adminis market administrator to pay a handier (1) The value of such handler’s pro trator on or before the 18th day after the any money which such handler claims to ducer milk at the applicable uniform end of each month 4 cents per hundred be due him under the terms of this par price; and weight or such lesser amount as the Sec shall terminate 2 years after the cnd_ (2) The value at the uniform price retary may prescribe with respect to (a) the calendar month during which tne applicable at the location of the plant producer milk (including such handler’s milk involved in the claim was receiv FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9015 if an underpayment is claimed, or 2 visions of this part, over and above the able for successive 90-day periods until years after the end of the calendar amounts necessary to meet outstanding the depositor withdraws his funds con month during which the payment (in obligations and the expenses necessarily stitute multiple maturity time deposits cluding deduction or setoff by the market incurred by the market administrator or in certificate form with the shortest in administrator) was made by the handler such person in liquidating such funds, tervals between payment dates that are if a refund on such payment is claimed, shall be distributed to the contributing permissible if interest thereon is to be unless such handler, within the applica handlers and producers in an equitable paid at a rate of 5 percent. ble period of time, files pursuant to sec manner. (c) 90-day notice account. (1) An tion 8c(15) (A) of the Act, a petition M iscellaneous P rovisions other major category of multiple matu claiming such money. rity time deposits is deposits that are § 1030.100 Separability o f provisions. Effective T im e , S u spen sio n or payable only after written notice of T er m ination If any provision of this part, or its withdrawal. Such deposits may be in the application to any person or circum form of a passbook or otherwise. Funds § 1030.90 Effective tíme. stances, is held invalid the application of may be added to the account either at The provisions of this part, or any such provision, and of the remaining specified times or whenever the depositor amendments to this part, shall become provisions of this part, to other persons wishes, depending on the terms of the effective at such time as the Secretary or circumstances shall not be affected contract. may declare and shall continue in force thereby. (2) A member bank may pay interest until suspended or terminated. § 1030.101 Agents. at the rate of 5 percent on funds in such § 1030.91 Suspension or termination. an account, on two conditions. The first The Secretary may, by designation in is that funds must not be withdrawable The Secretary shall suspend or termi writing, name any officer or employee of within 90 days of the date they are de nate any or all of the provisions of this the United States to act as his agent or posited. The second is that funds must part whenever he finds that it obstructs representative in connection with any not be withdrawable less than 90 days or does not tend to effectuate the de of the provisions of this part. after the date of written notice of in clared policy of the Act. This part shall, Sections 1030.0 through 1030.101 shall tention to withdraw. In other words, a in any event, terminate whenever the be effective on and after July 1, 1968. member bank may pay 5 percent only on provisions of the Act authorizing it cease deposits that are payable solely at in to be in effect. Signed at Washington, D.C., on June tervals of at least 90 days. 13, 1968. § 1030.92 Continuing power and duty of (3) If a depositor gives 90-days’ notice Jo h n A. S ch n ittk e r , the market administrator. Under Secretary. of intention to withdraw and then de (a) If, upon the suspension or termi cides that he will not need the funds at [F.R. Doc. 68-7207; Filed, June 18, 1968; the specified date, he may cancel his nation of any or all of the provisions of 8:46 a.m.] this part, there are any obligations aris notice, either explicitly, or impliedly by ing hereunder, the final accrual or ascer a new 90-day notice. He .may not, how tainment of which requires further acts ever, retain his right to withdraw at the by any handler, by the market adminis expiration of the first notice while giv trator, or by any other person, the power Title 12— BANKS AND BANKING ing a simultaneous or subsequent notice, and duty to perform such further acts Chapter II— Federal Reserve System unless the latter expires at a date at least shall continue notwithstanding such 90 days after the expiration of the first. suspension or termination: Provided, SUBCHAPTER A— BOARD OF GOVERNORS OF (d) 90-day notice account coupled That any such acts require . to be per THE FEDERAL RESERVE SYSTEM with provision for automatic renewal. formed by the market administrator [Reg. Q] (1) Recently, a few banks have offered shall, if the Secretary so directs, be per PART 217— PAYMENT OF INTEREST a 5 percent multiple maturity time de formed by such other person, persons or posit contract that authorizes with agency as the Secretary may designate. ON DEPOSITS drawal by the depositor on more than (b) The market administrator or such Multiple Maturity Time Deposits one basis. For example, the contract may other person as the Secretary may desig provide that funds received on or before nate shall (l) continue in such capacity § 217.144 5 percent multiple maturity January 1 may be withdrawn March 31 until discharged by the Secretary; (2) time deposits. and, with respect to funds hot with from time to time account for all re (a) From time to time the Board of drawn orvthat date, the deposit will be ceipts and disbursements and deliver all Governors receives inquiries relating to automatically renewed until Juhe 30, ti? uS or Pr°E)erty on hand together with the payment of interest of 5 percent per and so forth. The contract also pro the books and records of the market ad annum on “multiple maturity time de vides that funds may be withdrawn on ministrator, or such person, to such per- posits’’ as defined in § 21T.1 (g) of Regu 90 days’ notice in writing. In such event, son as the Secretary shall direct; and lation Q. In view of the variety of de to be consistent with the principle that ( ) If so directed by the Secretary, ex posit contracts that have come into use the depositor may not have access to a ecute such assignment or other instru in recent years, the Board considers it 5 percent multiple maturity deposit at ments necessary or appropriate to vest advisable to clarify, for banks and their intervals of less than 90 days, such a Person full title to all funds, depositors, certain limitations on the au contract should inform the depositor property and claims vested in the mar- thority of a member bank to pay 5 per that, when notice is given with respect to f,? administrator or such person pur cent interest on funds deposited with it. all or a portion of the funds on deposit, suant thereto. The underlying principle is that a mem such notice automatically cancels any § 1030.93 Liquidation after suspension ber bank may pay interest on a multiple other provision for withdrawal that is or termination. maturity time deposit at the rate of 5 inconsistent with said principle. percent only if the deposit is payable at (2) Consequently, if the depositor gives the susPension or termination intervals of at least 90 days. notice on March 1 of his intention to m aSlf0^ an Provisions of this part the withdraw $1,000 from his account on tho « a^ministrator, or such person as (b) 90-day certificate of deposit. One 5 major category of multiple maturity time June 1, the contract should make clear direS^reKarL may designate shall, if so deposits is certificates of deposit that (1) that this automatically cancels his right busiSS fí® SecretarV- liquidate the to'withdraw such amount on March 31, market administrator’s mature on a series of specified dates or (2) are automatically renewed at matu since such amount would otherwise be eSv th d dispose of a11 funds and prop- rity without any action by the depositor. payable at intervals of less than 90 days. contrÜi' *1in £ ls Possession or under his Certificates that mature at specified Also, his right under the specified ma funds w W h ther with eluims for any turity (or automatic-renewal maturity) time o f w i are unpaid or owing at the dates that are 90 days apart and certifi provision to withdraw such amount on . * f SUch suspension or termination, cates that mature 90 days after the date June 30 should be suspended, for the y funds collected pursuant to the pro of issuance and are automatically renew same reason. The latter right might be FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9016 RULES AND REGULATIONS reinstated by the depositor revoking be rency, the Federal Deposit Insurance Federal Food, Drug, and Cosmetic Act fore April 1 his notice of intention to Corporation, and the Federal Home Loan (sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. withdraw, since that would be at least Bank Board in a statement of principles 348(c)(1)) .>and under the authority 90 days before the specified June 30 directed against misleading advertising delegated to the Commissioner (21 CFR maturity. However, the right to with practices in the solicitation of deposits. 2.120), § 121.1070(c) (3) is revised to read draw on March 31 could not be rein The third principle states that “If an ad as follows: vertised rate is payable only on invest stated. If it could, the depositor would § 121.1070 Fatty acids. be in a position to acquire access to the ments or deposits that meet fixed time or amount requirements, such require * * * * * amount involved at intervals of less than ^ 0^ 4* 4» 4s 90 days. ments should be stated.” An advertise (3) As in a “straight” 90-day noticement by a member bank that permits the (3) The gas chromatographic-electron account, the depositor may supersede his reader to infer that the bank will pay capture method for testing fatty acids notice of intention to withdraw by a interest at the rate of 5 percent on funds for chick-edema shall be the method de subsequent 90-day notice. Again, such that may be withdrawn at intervals of scribed in the “Journal of the Associa notice would have the effect of canceling less than 90 days is inconsistent with that tion of Official Analytical Chemists,” any other right to withdraw that is in principle and is regarded by the Board as Volume 50 (No. 1), pages 216-218 consistent with the 90-day interval misleading. (1967), or the modified method using a principle. (3) The Board heretofore has resulfuric acid clean-up procedure, as de scribed in the “Journal of the Associa (e) Withdrawal “grace period” . There frained, in the definition of “ time de posit” in Regulation Q, from prescribing tion of Official Analytical Chemists,” is one exception to the rule that a mem Volume 51 (No. 2), pages 489-490 (1968). ber bank may not pay 5 percent interest permissible designations for such de on multiple maturity deposits that are posits, and has not objected to banks * * * * * payable at intervals of less than 90 days. offering time deposit contracts that are Any person who will be adversely af A bank may permit a depositor to with called “savings certificates” or “savings fected by the foregoing order may at any draw his funds within 10 days after a bonds”. time within 30 days from the date of its specified maturity, even if there is a pro However, use of such designations with publication in the F ederal R egister file vision for automatic-renewal for 90 days out explanation might have a mislead with the Hearing Clerk, Department of if not withdrawn at said maturity. If he ing tendency, because of the public’s Health, Education, and Welfare, Room does so, no interest may be paid for the impression that “savings” in a bank will 5440, 330 Independence Avenue SW., period from the maturity date to the be paid at any time. Consequently, the Washington, D.C. 20201, written objec date of withdrawal, for during that time greater the possibility that the name tions thereto, preferably in quintupli- the deposit is a “demand deposit” , on given to an account may mislead, the cate. Objections shall show wherein the which payment of interest is prohibited more imperative is the bank’s obligation person filing will be adversely affected by law. If he does not so withdraw, the to direct the depositor’s attention to by the order and specify with particular deposit remains a time deposit, with a the withdrawal restrictions that govern ity the provisions of the order deemed term running from the maturity date the particular account offered. objectionable and the grounds for the objections. If a hearing is requested, the until a subsequent specified date or for (12 U.S.C. 248(1). Interprets and applies 12 a specified number of days.1 U.S.C. 371b) objections must state the issues for the (f) “JEmergency” withdrawal. In ac hearing. A hearing will be granted if the cordance with § 217.4(d) of Regulation Dated at Washington, D.C., the fifth objections are supported by grounds Q, a bank may pay a time deposit be day of June 1968. legally sufficient to justify the relief fore maturity where that is “necessary to By order of the Board of Governors. sought. Objections may be accompanied prevent great hardship to the deposi by a memorandum or brief In support [ seal] R obert P. F orrestal, thereof. tor”, but in that case the depositor for Assistant Secretary. feits accrued and unpaid (uncredited) Effective date. This order shall become interest. Occasions for such withdrawals [F.R. Doc. 68-7197; Filed, June 18, 1968; effective on the date of its publication in 8:45 a.m.] are exceptional. Unless the depositor is the F ederal R egister. confronted with an actual emergency, a (Sec. 4 09 (c)(1 ), 72 Stat. 1786; 21 U.S.C. bank may not permit withdrawal of funds before maturity of the deposit or 348(c) < 1 » termination of the specified period of Title 21— FOOD AND DRUGS Dated: June 11,1968. notice. If the depositor simply has a need Chapter I— Food and Drug Adminis J. K. Kirk, for funds, the bank may extend credit tration, Department of Health, Edu Associate Commissioner to him on the security of his time de cation, and Welfare for Compliance. posit, but the rate of interest on such loan must be at least 2 percent per an SUBCHAPTER B— FOOD AND FOOD PRODUCTS [FJB. Doc. 68-7216; Filed, June 18, 1968; 8:47 am .] num in excess of the rate of interest paid PART 121— FOOD ADDITIVES on the time deposit. (g) Advertising time deposits. (1) Subpart D— Food Additives Permitted PART 121— FOOD ADDITIVES Some recent advertisements by member in Food for Human Consumption Subpart F— Food Additives Resulting banks might be interpreted as offering F a t t y A cids From Contact With Containers or withdrawal privileges from a 5 percent The Commissioner of Food and Drugs, Equipment and Food Additives multiple maturity time deposit at inter having evaluated the data in a petition vals of less than 90 days. (FAP 8A2280) filed by Fatty Acid Pro Otherwise AfFecting Food (2) In December 1966, the Board was ducers’ Council, 485 Madison Avenue, P aper and P aperboard joined by the Comptroller of the Cur- New York, N.Y. 10022, and other relevant The Commissioner of Food and Drugs, material, has concluded that the food having evaluated the data in a petition additive regulations should be amended (FAP 4B1483) filed by Fistere and Hab- i A single maturity time deposit also mayto provide for use of a modified electron be renewed by action of the depositor within berton, 1012 14th Street NWM Washing capture method (specified below) as an ton, D.C. 20005, and other relevant ma 10 days after maturity. In such- event, as in alternative to the gas chromatographic- the case of the multiple maturity time de terial, has concluded that the food addi posit, a member bank may pay interest on electron capture method presently pre tive regulations should be amended to scribed for determining the presence of the deposit between the maturity date and provide for the safe use of an additional renewal thereof at the applicable maximum chick-edema factor in fatty acids. There rate. fore, pursuant to the provisions of the optional substance (specified below) in FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9017 the formulation of paper and paperboard § 200.58c Chief o f the Low and Moder used in contact with aqueous and fatty Title 24— HOUSING AND ate Income Housing Branch. [Re foods. Therefore, pursuant to. the provi voked] sions of the Federal Food, Drug, and Cos HOUSING CREDIT In Part 200 new §§ 200.61, 200.61a, metic Act (sec. 409(c) (1), 72 Stat. 1786; Chapter II— Federal Housing Admin 200.61b, and 200.61c are added to read as 21 U.S.C. 348(c) (1) ) and under the au follows : thority delegated to the Commissioner istration, Department of Housing (21 CFR 2.120), § 121.2526(a) (5) is and Urban Development § 200.61 Director o f the Low and Mod amended by alphabetically inserting in erate Income Housing Division and the list of substances a new item, as SUBCHAPTER A— GENERAL Deputy. follows: PART 200— INTRODUCTION To the position of the Director of the § 121.2526 Components of paper and Low and Moderate Income Housing Divi Subpart D— Delegations of Basic sion and under his general supervision paperboard in contact with aqueous Authority and Functions and fatty foods. to the position of Deputy Director of In Part 200 in the Table of Contents the Low and Moderate Income Housing Division there is delegated the authority (a) § 200.58c is deleted and new §§ 200.61, 200.61a, 200.61b, and 200.61c are added to develop and recommend policies and (5) as follows: establish operating plans and procedures List of substances Limitations for the insurance of multifamily hous Sec. ing mortgages under section 221(d) (3), 200.61 Director of tbe Low and Moderate Polyamide - epichlorohydrin For use only as Income Housing Division and exclusive of cooperative and condomin modified resin produced a retention Deputy. ium program mortgages; for manage by reacting adipic acid aid and floc- 200.61a Chief of the Below Market Interest ment assistance for low and moderate with diethylene triamine cu la n t em Rate Branch. income housing projects; and for ad to produce a basic polya ployed prior 200.61b Chief of the Management Assistance mide which is modified to the sheet- Branch. ministration of the rent supplement by reaction with formic forming op 200.61c Chief of the Rent Supplement program. acid and formaldehyde e r a tio n in Branch. § 200.61a Chief of the Below Market and further reacted with the manufac Interest Rate Branch. epichlorohydrin in the ture of paper In § 200.57 paragraphs (b) and (c)'are presence of ammonium a n d p a p e r - amended to read as follows: To the position of Chief of the Below hydroxide to form a b o a r d a n d § 200.57 Assistant Commissioner for Market Interest Rate Branch there is water-soluble cationic u se d a t a Multifamily Housing and Deputy. resin having a nitrogen level not to delegated authority to develop and rec content of 13-16 percent ex ce e d 0.2 * * * * * ommend policies and establish operating (Kjeldahl.^dry basis) percent dry (b) To develop and recommend poli plans and procedures for the insurance such that a 35 percent by resin by cies and establish operating plans and weight aqueous solution weight of procedures for the insurance and servic of mortgages under section 221(d )(3), has a minimum viscosity finished dry ing of all multifamily housing mortgages, exclusive of those receiving rent supple of 75 centipoises at 25 ° C., paper or pa- ment program support. as determined by Brook perboard nursing home mortgages; equity invest field Viscosimeter using a fibers. ments in multifamily housing: mort § 200.61b Chief of the Management As No. 1 spindle at 12 r.p.m. gages for the construction and equip sistance Branch. ment of group medical facilities; for ur To the position of Chief of the Man Any person who will be adversely ban renewal housing rehabilitation agement Assistance Branch there is dele affected by the foregoing order may at any time within 30 days from the date of loans; for the administration of the gated authority to develop and recom its publication in the F ederal R egister rent supplement program; and for man mend policies and establish operating Æle with the Hearing Clerk, Department agement assistance for low and moder plans for management assistance for low of Health, Education, and Welfare, Room ate income housing projects. and moderate income housing projects. 5440, 330 Independence Avenue SW., (c) To be responsible for the coordi § 200.61c Chief of the Rent Supplement Washington, D.C. 20201, written objec Branch. tions thereto, preferably in quintuplicate. nation and general supervision of the Objections shall show wherein the per Project Mortgage Insurance Division, the To the position of Chief of the Rent son filing will be adversely affected by Low and Moderate Income Housing Di Supplement Branch there is delegated the order and specify with particularity vision, the Project Mortgage Servicing authority to develop and recommend the provisions of the order deemed ob Divirion, and the Special Assistants for policies and establish operating plans jectionable and the grounds for the ob Cooperative Housing, Nursing Homes, jections. If a hearing is requested, the and procedures for the administration of objections must state the issues for the and Rehabilitation. the rent supplement program, including, raanngij A hearing will be granted if the In § 200.58 paragraph (a) is amended but not limited to: (a) the reservation of objections are supported by grounds to read as follows: contract authority; (b) the negotiation legally sufficient to justify the relief of rent supplement contracts; (c) tenant sought. Objections may be accompanied § 200.58 Director o f the Project Mort gage Insurance Division and Deputy. eligibility requirements; and (d) the the^oTem°randUm °r fr* support * ♦ ♦ * * direction and control of the reservation (a) To develop and recommend poli of rent supplement contract authority. Effective date. This order shall become cies and establish operating plans and (Sec. 2, 48 Stat. 1246, as amended; sec. 211, effective on the date of its publication in procedures for the insurance of multi 52 Stat. 23, as amended; sec. 607, 55 Stat. 61, the F ederal R egister. family housing mortgages, exclusive of as amended; sec. 712, 62 Stat. 1281, as (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 amended; sec. 907, 65 Stat. 301, as amended; (e) (i) ) ■- sections 221(d)(3) and 221(h); nursing sec. 807, 69 Stat. 651, as amended; 12 U.S.C. home mortgages; equity investments in 1703, 1715b, 1742, 1747k, 1748f, 1750f) Dated: June 10, 1968. multifamily housing; and for mortgages Issued at Washington, D.C., June 13, J. K. Kirk, for the construction and equipment of 1968. Associate Commissioner facilities for the group practice of P h il ip N . B r o w n s t e in , for Compliance. medicine. Federal Housing Commissioner. [F.R. Doc. 68-7217; Filed, June 18, 1968; In part 200 § 200.58c is revoked as [F.R. Doc. 68-7219; Filed June 18, 1968; 8:47 a.m.] follows: 8:47 a.m.] No. 119-----3 FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9018 RULES AND REGULATIONS Because of the need for prompt guid Chapter VII— Department of the Title 26— INTERNAL REVENUE ance concerning the deposit procedure to Air Force Chapter I— Internal Revenue Service, which this Treasury decision relates, it is SUBCHAPTER A— ADMINISTRATION Department of the Treasury found that it is impracticable to issue this Treasury decision with notice and PART 806— DISCLOSURE OF SUBCHAPTER D— MISCELLANEOUS EXCISE TAXES public procedure thereon under section UNCLASSIFIED RECORDS [T.D. 6959] 553(b) of title 5 of the United States Subpart F— Disclosure of Unclassi PART 49— FACILITIES AND SERVICES Code or subject to the effective date fied Records of Trial After Courts- EXCISE TAXES limitation of subsection (d) of that Martial section. Deposits of Certain Excise Taxes in Part 806, Subchapter A, Chapter VII Case of Certain Continuation of (Sec. 7805 of the Internal Revenue Code of of Title 32 of the Code of Federal Regu 1954; 68A Stat. 917; 26 U.S.C. 7805) lations is amended by adding a new Sub Tax Rates [seal] W il l iam H. S m it h , part F, reading as follows: In order to provide regulations relat Acting Commissioner Sec. ing to deposits in Government deposi of Internal Revenue. 806.13 Purpose. taries of the excise tax imposed by sec 806.14 Basic disclosure policies. tion 4251 of the Internal Revenue Code Approved: June 14, 1968. 806.15 Disclosure authority. 806.16 Submitting requests. of 1954, as amended, in the case of cer S ta n l e y S . S u rr ey, tain continuation of tax rates, § 49.6302 Assistant Secretary 806.17 Processing requests. (c )-l of the Facilities and Services Ex of the Treasury. Authority: The provisions of this Sub cise Tax Regulations (26 CFR Part 49) part F issued under sec. 8012, 70A Stat. 488; [F.R. Doc. 68-7288; Filed, June 18, 1968; 10 U.S.C. 8012; 5 U.S.C. 552, DoD Directive is amended by adding a new subdivision 8:49 a.m.] (v) to paragraph (a) ( ) and by adding 5400.7, June 1967. 1 Source: AFR 111—2, June 10, 1968. a new paragraph (e) at the end thereof. These added provisions read as follows: § 806.13 Purpose. § 49.6302(c)—! Use of Government de Title 32— NATIONAL DEFENSE This part states basic policies and positaries. instructions governing the disclosure of Chapter VI— Department of the Navy unclassified records of trial after courts- (a) Requirement— (1) In general. * * * SUBCHAPTER A— OFFICIAL RECORDS martial, and tells the general public and (v) See paragraph (e) of this section news media what they must do to inspect for special rule in case of continuation PART 701—-AVAILABILITY OF or obtain copies of a record of trial. It of certain excise tax rates. OFFICIAL RECORDS implements 5 U.S.C. 552 and DoD Direc ***** tive 5400.7, June 23,1967. Miscellaneous Amendments (e) Special rule in case of certain con § 806.14 Basic disclosure policies. tinuation of tax rates— (1) Application Scope and purpose. Part 701.1 is (a) When p r o p e r ly requested of paragraph. This paragraph shall ap amended by updating paragraphs (j) (4) (§ 806.16), unclassified records of trial by ply to amounts, due under section 4251 (i) (b) and (c) as follows: courts-martial whioh are final under with respect to amounts paid pursuant § 701.1 Policies and procedures for mak Article 76, UCMJ, are made available by to bills first rendered after April 30,1968, the disclosure authority responsible for and collected (see paragraph (a) (1) (iii) ing records available to the public. * * * * * final action on the case (§ 806.15). of this section for amounts considered (b) The term “record of trial,” as used as collected) during any monthly or (j) Release procedures. herein: semimonthly period ending before the ***** (1) Includes the record.proper and all date of enactment of legislation, enacted (4) Procedures for releasing navalexhibits, together with all actions taken subsequent to April 30, 1968, which in and court-martial orders promulgated in creases the rate of tax applicable under records— (i) Release authorities. ***** the case. section 4251 to such amounts. (2) Does not include the allied papers (2) Amount to be deposited under this (b) In the Shore Establishment, com in the record. (Requests for allied papers paragraph. The amount to be deposited manders of systems commands; com are submitted under Subpart D of this under this paragraph is an amount equal manders of naval districts; the subchapter.) In any case governed by to the difference between— Commanders of the Naval Intelligence, Article 65 (a) or (b), UCMJ, the written (i) The amount required to be depos Naval Communications, and Naval review of the staff judge advocate toitne ited, with respect tb amounts paid pur officer exercising general court-martial suant to bills first rendered during the Weather Service Commands; and the jurisdiction, and the opinion of the period described in subparagraph (1) of Chief of Naval Air Training. Board of Review if applicable, are made this paragraph, determined by reference (c) In the Operating Forces, fleet available if the requestor specifies in his to a rate of tax of one percent, and commanders in chief, and the Com 4-Un4- Via /-Irvoi fVlACP nTTITllOllS AS (ii) The amount required to be depos mander, Military Sea Transportation well as the record of trial. ited, with respect to amounts paid pur Service. (c) Normally, records of trial are made suant to bills first rendered during such available only after completion of tne period, determined by reference to a rate * * * * * review procedures provided for by t of tax of 10 percent. (5 U.S.C. 301, 552) UCMJ. However, records may be made (3) Time for making deposits. The available before completion of appellate amount described in subparagraph (2) Dated: June 10,1968. review if it is determined that the cir of this paragraph shall be deposited on By the direction of the Secretary of cumstances so warrant and that dis or before the later of— the Navy. closure will not interfere with the orde y (i) The third banking day following processing of the case. This deternnn the enactment of the legislation [ seal] D. D. C h ap m a n , . tion is made by the disclosure authority described in subparagraph (1) of this Rear Admiral, U.S. Navy, Acting at the highest level of review within t paragraph, Judge Advocate General of the Air Foroe provided for by the TJCMJ i (ii) July 3,1968, or Navy. a record of trial of the tyre requested. (iii) The date prescribed by para [F.R. Doc. 68-7192; Filed, June 18, 1968; (d) A requestor may not browse graph (a) of this section. 8:45 am .] through entire files to find the recor FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9019 desires so that he may then request it. immediately if that authority determines Records or groups of records which are that the request is an urgent one and au Title 46— SHIPPING not individually identified in a request thorizes payment after the record is are not made available. furnished). Any copies of the record to Chapter IV— Federal Maritime § 806.15 Disclosure authority. be furnished are reproduced as expedi Commission tiously as possible without impairing the ability of Air Force activities to perform SUBCHAPTER B— REGULATIONS AFFECTING MAR A B ITIME CARRIERS AND RELATED ACTIVITIES Rule their other duties. When necessary, mili If type of trial is— Then disclosure tary reproduction facilities assist the [General Order 4; Amdt. 13; Docket 67-58] authority is— disclosure authority in fulfilling the re PART 510— LICENSING OF INDE quest. PENDENT OCEAN FREIGHT FOR 1 General court-martial___ (d) Disclosure authorities maintain 2 Special court-martial with The Judge Advocate with the original record of trial, a record WARDERS bad conduct discharge General (AFJAM). approved by convening of persons to whom that record of trial Subpart B— Duties and Obligations authority and by officer has been made available, with the ad exercising general court- C ompensation and F reight F orwarder martial jurisdiction. dresses of such persons, dates of access, and information concerning any copies C ertification 3 Special court-martial Staff judge advocate furnished under this regulation and Part other than in rule 2. to officer exercising This rulemaking proceeding was insti general court-mar 813 of this title. tuted by notice published in the F ederal tial jurisdiction. 4 Summary court-martial- _ By order of the Secretary of the Air R egister December 20, 1967 (32 F.R. Force. .19192). The proceeding was instituted §806.16 Submitting requests. L u cian M . F erguson, to amend paragraph (a) of § 510.24, (a) Address requests, in writing, as Colonel, U.S. Air Force, Chief, Title 46 CFR. The purpose of the amend follows: Special Activities, Group, Of ment was to require a licensee freight (1) If the location of the record re fice of The Judge Advocate forwarder to disclose the name of the ac quested is known, to the disclosure au General. tual shipper on the “shipper” line of the thority indicated in § 806.15. ocean bill of lading, in order to be en [F.R. Doc. 68-7191; Filed, June 18, 1968; titled to compensation, thereby enabling (2) If the location of the record re 8:45 a.m.] quested is not known, to HQ USAP the conferences to more effectively po (AFJAM), Wash DC 20330. lice their Commission approved dual rate (b) Include in the request: contracts. The amendment was considered neces (1) As complete identification of the Title 38— PENSIONS, BONUSES, sary because it was discovered that cer record as possible (full name, rank, and tain licensed forwarders were evading identification number of the accused, AND VETERANS’ RELIEF the spirit, if not the letter, of the pres date and place of trial, and identifica Chapter I— Veterans Administration ent rule which prohibits payment of tion of the convening authority by con?* compensation to forwarders on ship mand designation). If the requestor sub PART 21— VOCATIONAL REHABILI ments “wherein the licensee’s name ap mits only a part of the identifying de TATION AND EDUCATION pears on the ocean bill of lading as ship tails, the Air Force makes a reasonable per or as agent for an undisclosed prin effort to locate the record requested.. Subpart A— Vocational Rehabilita cipal.” Evasion of the spirit of the rule (2) Whether the requestor desires to tion Under 38 U.S.C. Chapter 31 was accomplished by a forwarder nam inspect or to obtain copies of a record of ing himself on the “shipper” line of the trial. S ubsistence A ll o w a n c e , C h ild A dopted bill of lading as agent for a shipper who O u t of V eteranas F a m il y § 806.17 Processing requests. is disclosed elsewhere in the body of the In § 21.137, paragraph (c) is amended bill, usually in the “Description of pack (a) When an Air Force activity other to read as follows : ages and goods” column. than the appropriate disclosure authority Since bills of lading for nonconference receives a request under this regulation, § 21.137 Apportionment. * * * * * vessels are inaccessible to the confer it forwards the request promptly to the ences, the only lawful manner by which disclosure authority. Air Force persons (c) Child adopted out of family.a conference can obtain the information make all reasonable efforts to assist pri Where evidence establishes that a vet required to police its contracts is to vate persons in directing requests for rec eran is the natural parent of a child or subscribe to copies of extracts of ships’ ords of trial to the appropriate disclosure children legally adopted outside of the authority. manifests which are made available by veteran’s family, only such additional custom authorities in foreign ports. The (b) Upon receipt of a request, the dis amount of subsistence allowance on ac ship’s manifest is prepared by the car closure authority specified in § 806.15 count of the existence of such child or rier from the information contained in communicates with the requestor to in children will be apportioned in favor of the bills of lading. It reveals only the form him of the following matters, as the child or children. The veteran is not shipper’s name as it appears on the appropriate: entitled in his own right to whatever ad (1) Tell him when and where the rec “shipper” line on the bill of lading. ord of trial may be inspected. If a search ditional amount of subsistence allowance Therefore, if the actual shipper’s name is disclosed in the body of the bill of lad 2® “ ;to be charged under Part 813 of this is payable because of the existence of title inform him of the cost, and tell him such child unless the veteran is contrib ing rather than on the “shipper” line of e must pay this amount before inspect uting to the child’s support. the bill, it will not appear on the mani ing the record (except for urgent re fest and, thus, not on the “Extract” pub quests). (72 Stat. 1114; 38 U.S.C. 210) lished by foreign customs authorities. Accordingly, the conferences have no (2) Advise him of the amount of the This VA regulation is effective the date of approval. way of determining the true shipper or tee required under Part 813 of this title whether any contract signatories are ..r a c°Py of the record. Inform him Approved: June 11,1968. evading their dual rate contracts by tnat a copy is furnished only after pay- By Direction of the Administrator. shipping in the name of their freight qiSts)S received (excePt for urgent re- forwarders. [ seal] A. W. S tratton, In order to prevent further evasion Deputy Administrator. to ^ ™ „'Ple disclosure authority arranges of the spirit of § 510.24(a), we proposed make the record of trial available ]F.R. Doc. 68-7215; FUed, June 18, 1968; to amend that section to provide that P°n payment of the applicable fees (or 8:47 am .] a licensee freight forwarder could not FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9020 RULES AND REGULATIONS receive compensation on a shipment “un enable conferences to more effectively conference line so that the conference less the name of the actual shipper is police their dual rate contracts, the rule may ascertain whether its contract sig disclosed on the shipper identification is not necessary for the effective regula natory appears there as shipper. The line appearing above the cargo descrip tion of the ocean freight forwarding in New York Association suggests that tion data of the ocean bill of lading.” dustry. The New York Association states Part 26 of the U.S. Customs Regulations Interested parties have filed comments. that in December 1967, we revoked a requires the manifests filed with U.S. Hearing Counsel have replied to these previously adopted amendment to custom officials be kept confidential. To comments and answers to Hearing Coun § 510.22(a), reasoning that the amend encourage inspection of manifests by sel’s. reply have been submitted. Oral ment was not necessary for the effective conferences is said to be contrary to argument has been heard. regulation of forwarders. The New York the Custom Bureau’s policy of confiden The majority of the comments have Association suggests the same approach tiality. It is clear that the Custom Bu been in support of the rule with a few be followed here. The answer to this is reau’s rule requiring confidentiality is suggested modifications as tojh e appli simply that the proposed rule in ques directed toward “officers and employees cation of the rule. Only New York Freight tion here is necessary for the regulation of the Customs Service.” Moreover, this Forwarders and Brokers Association, of forwarders since it prevents ior- rule in no way affects a shipping con Inc. (New York Association) is opposed warder participation in unlawful eva ference’s attempts to obtain informa tion from ship’s manifests, extracts of to the rule. sions of the Shipping Act. Furthermore, in revoking the above-mentioned amend which are legally made available in The majority of the comments of the ment to § 510.22(a), we did not presume foreign countries. New York Association is directed toward to limit our freight forwarder rule- Finally, the New York Association sug the propriety of the promulgation of any making authority to cases where the rule gests that the Commission has no evi rule which would require shipper dis is necessary for the effective regulation dence or proof that forwarders are being closure on the bill of lading. In Docket of forwarders. Neither are we so limited used or are collaborating with shippers 66-31,1 when the present rule was by sections 43 and 44(c) of the Shipping in their attempts to evade dual rate adopted, this question was resolved. We Act which define our rulemaking powers. contracts and that, absent such proof, decided then to require such disclosure The New York Association urges that the proposed rule is arbitrary and capri and explained the purpose and reasons cious and cannot properly be issued. for such a requirement. This proceeding the adoption of the proposed rule will divert traffic from U.S. carriers and It is clear from the evidence before us was necessitated by the evasion by cer that the practice of naming the forward tain forwarders of the spirit of the pres thereby aggravate the U.S. balance of payments problem. This is said to hap er as shipper is common and that it is ent rule and is designed merely to de significantly more common on ship termine the manner and the extent to pen when for business reasons, an Amer ican supplier, at the request of a foreign ments made on nonconference lines than which such shipper 'disclosure will be on shipments made on conference lines. required. Accordingly, no detailed dis consignee, directs the forwarder to ship in his own name. The forwarder, com This evidence points out the need for cussion of comments directed to the pro the proposed rule. Considering the fre priety of requiring disclosure should be plying with such direction, would thereby lose his compensation. *1716 New York quency with which nonconference ship necessary. We will, however, touch briefly ments are made in the name of a for on the New York Association’s arguments Association suggests the forwarder will then recoup his lost compensation by in warder, it becomes very difficult for con in an attempt to permanently lay them creasing his forwarding fee to the ference members to discover the identity to rest. American supplier. The American sup of the true shipper. Also, while the evi The New York Association suggests plier will then either increase his selling dence is by no means conclusive, there is that the Commission’s rulemaking au price thereby affecting his ability to com a strong inference that disclosure of the thority extends only to regulating prac pete with overseas suppliers or remain true shipper on shipments via noncon tices found to violate a substantive pro uninvolved by selling goods f.o.b. plant ference vessels is being withheld for the vision of the Shipping Act and, since the purpose of enabling shippers to evade or f.a.s. vessel resulting in overseas con their dual rate contracts. At any rate, Commission cannot find that the practice trol over the routing of the shipment. of a forwarder in showing himself on a until such practice of withholding dis Either alternative is said to cause diver closure is discontinued, conferences have bill of lading as shipper or as agent for sion of cargo from U.S. vessels thereby an undisclosed principal results in such no way of knowing. We conclude the rule aggravating our balance of payment is neither arbitrary nor capricious. a violation, the Commission’s attempt to problem. curb this practice by rulemaking is with There remains the questions of how This whole argument is based on the extensively the rule is to apply, and out authority. The argument that we premise that valid reasons exist for not must first find a violation of a substan what form the disclosure requirement is disclosing the name of the American to tsik© tive provision of the Act has been ad supplier. A few reasons have been sug vanced before us on numerous occasions. Various suggestions have been made gested in this proceeding, but they have that the “shipper line” disclosure re Our most recent rejection of it appeared been neither documented nor substanti in Docket 66-31, the rulemaking pro quirement need not apply (1) where ated nor do they appear valid on their shipments are made via conference car ceeding which promulgated inter alia the face.® Absent the existence of valid rea present rule in § 510.24(a). We stated riers; (2) where shipments are made via sons for nondisclosure, it would appear a carrier in a trade where no dual raw that section 44(c) of the Act authorized that nondisclosure is only for the pur contract is in effect; (3) where the U.b. the rules and pointed out that this view pose of dual rate contract evasion. Since exporter is not a signatory to the dual had previously been supported and that most U.S. lines are dual rate conference rate agreement jn the trade; ana (4) u the New York Association’s contentions lines, potential cargo would be diverted the legal right to select the carrier is m had previously been rejected by the from UJS. lines wherever the dual rate a consignee who is not a signatory to t Court of Appeals for the Second Cir contract evasion occurs. This would re lual rate contract. t . ._v cuit.® Our decision in Docket 66-31 sult in the same aggravation of the bal The proposed exclusions numberea to was upheld by the Court of Appeals ance of payments problem that the New ,nd (4) would be unacceptable because for the District of Columbia Cir York Association is so worried about. hey would defeat the purpose of tne cuit in No. 20,868, New York Foreign The New York Association recognizes ule since there would be no way to veri y Frgt. F. & B. Ass’n v. Federal Maritime that to achieve enforcement of dual rate Ither that the shipper is not a signatory Commission, 384 F. 2d 979 (1967). contracts pursuant to the proposed rule, >r that the legal right to select the car The New York Association also sug it will be incumbent upon a conference to ier is in the consignee. gests that since the rule is intended to gain access to the manifest of the non- The stated objective of the amendmen s to facilitate enforcement of dual rate 1 31 F.R. 13650; Oct. 22,1966. ontracts. This objective is not necessar- 2 New York Foreign Frgt. F. & B. Ass’n v. 3 For instance, it is suggested that a con ly served by requiring disclosure o . i Federal Maritime Com’n, 337 F. 2d 289, 294 signee may be importing franchised mer ictual shipper on the “shipper toe (2d Cir. 1964) cert. den. 380 U.S. 910, 914 chandise and may request nondisclosure to he case of proposed exclusions (l) ax (1965). avoid legal harassment. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9021 (2), i.e., when shipments move on con There appears to be no problem of hav leased May 13, 1968) be stayed, together ference carriers or on nonconference ing sufficient space to name three ship with any and all action, including hear carriers in trades where no dual rate pers in the appropriate area of the bill ings or issuance of any license, with re of lading. contract is in effect. Nevertheless, ~it spect to applications for licenses filed should not be overlooked that a second For the reasons described herein, the Commission, pursuant to section 4 of the pursuant thereto, pending Commission purpose of the disclosure rule (as pro Administrative Procedure Act (5 U.S.C. action on a petition filed simultaneously mulgated in Docket No. 66-31) would re 553) and sections 43 and 44 of the Ship for “Reconsideration and A Hearing” on quire disclosure of the shipper as a ping Act, 1916 (46 U.S.C. 841a, 841b), the report and order. means of preventing unlawful rebates. hereby amends paragraph (a) of § 510.24 2. Radio Relay contends in support of Title 46 CFR to read as follows : To achieve this second purpose, disclo that only by the retention of the status sure of the true shipper should be re § 510.24 Compensation and freight for quo can irréparable injury be prevented quired in all instances. It may not be warder certifications. to itself and other small carriers simi absolutely necessary to demand disclo (a) No oceangoing common carrierlarly situated;-that absent a stay a score sure of the actual shipper on the “ shipper shall pay to a licensee, and no licensee of applications will be filed for licenses line” to achieve this seeond purpose, but shall charge or receive from any such necessitating the filing of oppositions in carrier, either directly or indirectly, any such a definite requirement would elimi each instance; that the cost of opposing compensation or payment of any kind each application on a piece-meal basis nate what might otherwise be a some whatsoever, whether called “brokerage,” would in itself be ruinous; that more what shallow distinction between show “commission,” “fee,” or by any other over, a “one-by-one” approach would ing the shipper on the “shipper line” in name, in connection with any cargo or fail to reveal to the Commission the true some instances and of showing the ship shipment unless the name of the actual overall effect of the May 13 order which per anywhere on the face or in the body shipper is disclosed on the shipper iden is the crux of the problem. of the bill of lading in others. Also, equal tification line appearing above the cargo 3. An examination of Radio Relay’s description data of the ocean bill of lad pleading does not substantiate its con treatment of all shipments would pre ing, and, if the forwarder’s name also vent any future allegations of preference tention that irreparable injury would appears on said shipper identification result to either itself or the public in or discrimination. line, it appears after the name of the terest in the event a stay is not granted, We believe that the best rule is the actual shipper. since it is unlikely that there will in fact simplest and fairest rule and that the * * * * * be any change in the status quo before simplest and fairest rule is one which Effective date. This amendment shall the Commission has had an opportunity applies clearly and equally to all intended become effective 30 days after date of to consider Radio Relay’s request for re to be covered thereby. Accordingly, We publication in the F ederal R egister. consideration. However, we believe that By the Commission/ under the circumstances' presented in are requiring shipper disclosure on the this instance, it is more practical not to “shipper line” as a condition precedent [ seal] T h o m as L is i, invite the anticipated filing of the large to payment of compensation in all cases, Secretary. number of applications until the short with no exception. [F-R. Doc. 68-7242; Filed, June 18, 1968; period of time required for a ruling on It has also been suggested that a 8:49 a.m.] the petition for reconsideration has forwarder should not be permitted to passed. We will therefore, in our discre tion grant a stay pending a decision on continue to show his name on the the merits of the reconsideration request. “shipper line” unless it is listed im Title 47— TELECOMMUNICATION The time factors involved warrant ant mediately following the actual shipper’s ing on this pleading prior to the expira name inasmuch as very often, in the Chapter I— Federal Communications tion of the time within which to file re preparation of a manifest, only the first Commission sponsive pleadings. name appearing in the “shipper line” is {Docket No. 16778; FCC 68-633] Accordingly, it is ordered, That the re transcribed on the manifest. We adopted quest for stay filed by Radio Relay on this suggestion since to fail to do so PART 21— DOMESTIC PUBLIC RADIO June 12, 1968, is granted for the fore £ defeat the purpose of the rule SERVICES (OTHER THAN MARITIME going reasons. which ultimately involves obtaining the name of the true shipper from the mani MOBILE) Adopted: June 14, 1968. fest. Memorandum Opinion and Order Released: June 14, 1968. It has also been suggested that an Staying Effective Date of Report exception be adopted to permit the and Order (33 F.R. 7234) F ederal C ommunications forwarder’s name to appear on the C o m m is s io n ,1 snipper line if three or more shippers In the matter of amendment of Part [ seal] B en F.- W aple, are consolidated on one bill of lading. It 21 of the Commission’s rules with respect Secretary. that it will be physically to the 150.8-162 Mc/s band to allocate [F.R. Doc. 68-7236; Filed, June 18, 1968; ^St three or more shippers presently unassignable spectrum to the 8:49 a.m.] S -S S sapper line and that in such tuations the forwarder’s name could Domestic Public Land Mobile Radio Serv b p w 3; as ‘lagent for shippers mentioned ice by adjustment of certain of the band [RM 1177; FCC 68-626] be*°w * m the body of the bill of lading. edges, Docket No. 16778. tinn no* agree that such an excep- 1. The Commission has under consid PART 87— AVIATION SERVICES of f sf.ary- The suggested purpose eration a “Petition for Stay” in the Frequency Stability Requirements for bill n? io^?atll?s shipments on a single above-captioned proceeding filed June 12, bill nf to escape the minimum .Single Sideband Operations by 1968 by Radio Relay Corp., requesting Civil Air Patrol Stations wise VnrS“ g*Cl\arge which would °ther- that the June 17, 1968 effective date of SeemaSST i t Jh.e individual items. It the report and order (FCC 68-515, re- In the matter of amendment of Part 87 be conSofJi lf three shipments can of the rules to relax the frequency sta L f ? ated 0n a biU of lading. the m1 °f three items should equal the * Concurring and dissenting opinions of bility requirements for single sideband Additional items can Vice Chairman George H. Hearn and Com missioner Jamfis V. Day filed as part of 1 Commissioners Bartley, Loevinger, and nsolidated on another bill of lading. original document. Johnson absent. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9022 RULES AND REGULATIONS operations by Civil Air Patrol stations, whom they have had no prior oppor (Secs. 4, 303, 48 Stat., as amended 1066, 1082; 47 U.S.C. 154, 303) RM 1177. tunity to test transmissions. Under such 1. The Civil Air Patrol (CAP) a circumstances a highly reliable com Adopted: June 12, 1968. munications system is essential. SSB civilian auxiliary of the U.S. Air Force, emissions occupy a narrower band than Released: June 14, 1968. has filed petitions for rule changes to usual radio transmissions and require provide relief from the frequency star the use of more sophisticated, precision F ederal C ommunications bility required for single sideband (SSB) equipment. Under such circumstances, C o m m is s io n ,1 operations by CAP radio stations on fre excessive deviation could result in the [seal] B en F. W aple, Secretary. quencies below 25 Mc/s. These stations loss or impairment of communications as are now assigned government frequen described above. In view of the asserted In § 87.65, paragraph (c) is amended need for tolerance relief in the national to read as follows: cies in the 2 and 4 Mc/s banc^. Petitioner interest, however, and since CAP op requested that it be required only to erates a closed system using government § 87.65 Frequency stability. maintain the carrier frequency in these frequencies where any adverse conse * * * * * operations to within 0.005 percent of the quences from the requested action would specified carrier frequency for a period affect only CAP operations and no other (c) When transmitting single side of 5 years and to within 0.001 percent radio users for whom the Commission band emission, the carrier frequency thereafter. Comments substantially in has regulatory responsibility, we do not shall be maintained within the appli support of petitioner’s request were filed believe the public interest would be cable following number of cycles per by the Heath Co., Benton Harbor, Mich. served by denying applicant’s request for second of the specified carrier frequency: 2. For radio stations in the Aviation rule change in this instance. (1) For other than Civil Air Patrol Services, the rules presently require that 5. The present amendment grants pe when transmitting SSB emissions, the titioner’s request without affecting users stations: carrier frequency shall be maintained of the adjacent radio spectrum since (1) All ground stations______.____ 10 cps. within 10 cps for ground stations, and 20 even with this relaxation of frequency (ii) All aircraft stations______20 cps. cps for aircraft stations, of the specified stability requirements the maximum oc carrier frequency. These requirements cupied band width will be no greater (2) For Civil Air Patrol are considerably more stringent than the than is now permitted petitioner when stations__ ;______!___ 150 cps. deviation permitted radio stations in operating on these frequencies with dou * * * * * these services when not transmitting ble sideband (6A3) emissions. The 1A tolerance of .005 percent is applicable SSB emissions. In establishing these amendments provide the relief réquested until Jan. 1, 1973. tolerances it was considered that any for radio stations of an organization [F.R. Doc. 68—7237j Filed, June 18, 1968; greater deviation from specified carrier established, in part, to assist in meeting 8:49 ajn.] frequency would result in unintel local and national emergencies. ligibility or loss of communications, lack 6. The Interdepartment Radio Ad of voice recognition and interference visory Committee (IRAC) has been con with the communications of other radio sulted and interposed no objections to Title 39— POSTAL SERVICE users. this proposal. 3. The Petitions stated that the official 7. The amendments adopted herein Chapter I— Post Office Department policy of the Civil Air Patrol is to en pertain to the use of government fre courage members to use modem equip PART 171— MONEY ORDERS quencies used only by the petitioner or its ment such as is used for SSB operations. Changes in Conversion Rates for In Petitioner asserts, however, that in the parent agency the U.S,. Air Force. Since national' interest additional time is IRAC has not objected to the proposed ternational Money Orders Issued needed to achieve this objective. amendments and since users of other for Payment in Canada 4. We have advised CAP that they may frequencies are not affected, as described In § 171.2 Table 1 under paragraph (b) not be able to communicate satisfactorily above, the issuance of public notice of when operating with a deviation allow is revised to show the new conversion ance as requested. CAP states, however, proposed rule making would serve no rate effective June 16, 1968 for money they will accept any resultant adverse purpose and is not required pursuant to orders issued for payment in Canada will consequences. The present SSB toler 5 U.S.C. section 553. be $1 U.S. currency equals 1.0752 ances were prescribed after extensive 8. In view of the foregoing: It is Canadian dollars. study and consideration of many fac ordered, That pursuant to the authority § 171.2 International money orders. tors. The objective was to establish an contained in sections 4(i) and 303 (r) of efficient and effective communications the Communications Act of 1934, as ***** system for use by a wide variety of air amended, Part 87 of the Commission’s (b) Conversion tables, international borne stations who are quite often in rules is amended, effective June 21, 1968, money orders. * * * transit away from their home bases. as set forth below. They must communicate at such times 9. It is further ordered, That this pro 1 Commissioners Bartley and Wadsworth with unfamiliar ground stations with ceeding is terminated. absent. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 RULES AND REGULATIONS 9023 Table No. 1 (Bate: 1 U.S. dollar =1.0752 Canadian dollars) FROM 1 CENT TO 100 DOLLARS United Canadian United. Canadian United Canadian United Canadian United Canadian States cents States cents States cents States dollars States dollars cents cents cents dollars dollars 1 1 41 44 81 87 22.00 23.65 62.00 66.66 2 2 42 45 82 88 23.00 24.73 63.00 67.74 3 3 43 46 83 89 24.00 25.80 64.00 68.81 4 4 44 47 84 90 25.00 26.88 65.00 69.89 5 5 45 48 85 91 26.00 27.96 66.00 70.96 6 6 46 49 86 92 27.00 29.03 67.00 72.04 7 8 47 51 87 94 28.00 30.11 68.00 73.11 8 9 48 52 88 95 29.00 31.18 69.00 74.19 9 10 49 53 89 96 30.00 32.26 70.00 75.26 10 11 50 64 90 97 31.00 33.33 71.00 76.34 11 12 51 55 91 98 32.00 34.41 72.00 77.41 12 13 52 66 92 99 33.00 ■ 35.48 73.00 78.49 13 14 53 67 93 $1.00 34.00 36.56 74.00 79.56 14 15 54 58 94 1.01 35.00 37.63 75.00 80.64 15 16 55 59 95 1.02 36.00 38.71 76.00 81.72 16 17 56 60 96 1.03 37.00 39.78 77.00 82.79 17 18 67 61 97 1.04 38.00 40.86 78.00 83.87 18 19 58 62 98 1.05 39.00 41.93 79.00 84.94 19 20 59 63 99 1.06 40.00 43.01 80.00 86.02 20 22 60 65 $1.00 1.08 41.00 44.08 81.00 87.09 21 23 61 66 2.00 2.15 42.00 45.16 82.00 88.17 22 24 62 67 3.00 3.23 43.00 46.23 83.00 89.24 23 25 63 68 4.00 4.30 44.00 47.31 84.00 90.32 24 26 64 69 6.00 5.38 45.00 48.38 85.00 91.39 25 27 65 70 6.00 6.45 46.00 49.46 86.00 92.47 26 28 66 71 7.00 7.53 47.00 60.53 87.90 93.54 27 29 67 72 8.00 8.60 48.00 61.61 88.00 94.62 28 30 68 73 9.00 9.68 49.00 52.68 89.00 95.69 29 31 69 74 10.00 10.75 60.00 63.76 90.00 96.77 30 32 70 75 11.00 11.83 51.00 54.84 91.00 97.84 31 33 71 76 12.00 12.90 62.00 55.91 92.00 98.92 32 34 72 77 13.00 13.98 63.00 56.99 93.00 99.99 33 35 73 78 14.00 15.05 64.00 58.06 94.00 101.07 34 37 74 80 15.00 16.13 55.00 69.14 95.00 102.14 35 38 75 81 16.00 17.20 56.00 60.21 96.00 103.22 36 39 76 82 17.00 18.28 57.00 61.29 97.00 104.29 37 40 77 83 18.00 19.35 58.00 62.36 • 98.00 105.37 38 41 78 84 19.00 20.43 69.00 63.44 99.00 106.44 39 42 79 85 20.00 21.60 60.00 64.51 100.00 107.52 40 43 80 86 21.00 22.58 61.00 65.59 (5 T7.S.C. 301,39 U.S.C. 501, 505) T im o t h y J. M a y , General Counsel. Ju n e 12, 1968. [FJt. Doc. 68-7199; Filed, June 18, 1968; 8:45 « m .I FEDERAL REGISTER,’ VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9024 Proposed Rule Making which the committee may establish with (a) Market prices for celery ; (b) sup DEPARTMENT OF AGRICULTURE the approval of the Secretary for the ply of celery on hand at shipping point, purposes of Flow-to-Market regulations. on track at, and en route to, the principal Consumer and Marketing Service 4. Section 967.27, paragraph (b) is re markets; (c) supply, maturity, and con [ 7 CFR Part 967 ] vised by deleting subparagraph (1) and dition of celery in the production area; deleting “ (2) For succeeding commit (d) market prices and supplies of celery [Docket No. AO—354-A1 ] . tees” , in subparagraph (2). from competitive producing areas, and CELERY GROWN IN FLORIDA 5. Paragraphic) of § 967.35 is deleted. supplies of other competitive vegetables; 6. Section 967.35 is revised to read as (e) trend and level in consumer income; Notice of Hearing Regarding Pro follows: and (/) other relevant factors. posed Amendments to Marketing § 9 6 y Î35 Marketing policy. (iv) ^At any time during a Flow-to- Agreement and Order Market period for which the Secretary, (a) The committee shall meet, con has fixed the quantity of celery which Pursuant to applicable provisions of sider and adopt a marketing policy for the Agricultural Marketing Agreement may be handled, the committee may each season. Committee • considerations recommend to the Secretary that such Act of 1937, as amended (secs. 1-19, 48 shall include probable celery production Stat. 31, as amended; 7 U .C. 601-674), quantity be increased for such period. 8 within the production area and in com Each such recommendation, together and in accordance with the applicable peting areas, the grade, size, quality, and rules of practice and procedure governing with the committee’s reason for such quantity of celery which should be made recommendation, shall be submitted proceeding to formulate m arketing available to market during such season agreements and marketing orders, as promptly to the Secretary. to meet market requirements and estab (v) Whenever the Secretary finds, amended (7 CFR Part 900), notice is lish orderly marketing conditions, and hereby given of a public hearing to be from the recommendations and infor other pertinent inf ormation. On the basis mation submitted by the committee, or held at the Florida Fruit and Vegetable of these considerations the committee Association Auditorium, 4401 East Colo from other available information, that shall adopt a marketing policy for such to limit the quantity of celery which may nial Drive, Orlando, Fla., beginning at 10 season as follows: a.m., June 27, 1968, with respect to pro be handled during a specified Flow-to- (1) Annual allotment—A meeting to Market period will tend to effectuate the posed amendments to Marketing Agree adopt a policy regarding the annual ment No. 149 and Order No. 967 (7 CFR declared policy of the Act, he shall fix quantity of celery to be marketed shall such quantity. The quantity so fixed for Part 967), hereinafter referred to as the be held not later than June 15 of each “marketing agreement” and “order,” re any such period may be increased by the year. Prior to November 1 of each year, Secretary at any time during such period. spectively, regulating the handling of the committee shall review such market celery grown in Florida. The proposed The Secretary may upon the recommen ing policy and as changes are indicated, dation of the committee, or upon other amendments have not received the ap the comrpittee may recommend appro proval of the Secretary of Agriculture. available information, terminate or sus priate revision. pend any regulation at any time. The public hearing is for the purpose (2) Other regulations—Prior to or at (vi) Harvest requests. of receiving evidence with respect to the the same time initial recommendations (a) Each handler who desires to han economic, marketing, and other condi in any season are made -pursuant to dle celery shall submit to the committee tions relating to the proposed amend § 967.40, the committee shall prepare a a written request setting forth the num ments, hereinafter set forth, and to any marketing policy statement concerning ber of crates from each producer or farm appropriate modifications thereof. the necessity for such regulations. operation which he will have available The proposed amendments to the mar (b) Notice of the initial marketing pol for handling during the ensuing Flow- keting agreement and order were sub icy for a marketing season or any later to-Market period accompanied by an mitted by the Florida Celery Committee, changes shall be submitted promptly application for his pro rata share as the administrative agency established to the Secretary and notice of such provided in this section. pursuant to the marketing agreement marketing policy shall be given to han (b) Such written request and applica and order, with a request for a hearing dlers, producers and other interested tion shall be submitted at such time and thereon. The proposals are as follows: parties by bulletins or other appropriate in such manner and contain such other 1. Section 967.16 is added as follows: media. information as the committee may re § 96 7.16 Grade and size. O ther R egulations quire and the Secretary approve includ “ Grade” means any of the established 7. Section 967.40 is added as follows: ing but not limited to: (i) The age or grades of celery and “size” means any of § 967.40 Issuance o f other regulations. transplant date of the celery to be han dled; (ii) the field or portions thereof the established sizes of celery stalks per (a) The Secretary may also limit by crate as defined and set forth in the U.S. and the rows thereof and the rows therein regulations the handling of celery when from which the celery is to be harvested; Standards for Celery (§§ 51.560 to 51.588, ever he finds from the recommendations inclusive of this title) or U.S. Consumer and (Hi) previous and anticipated yields and information submitted by the com per row or acre. Standards for Celery Stalks (§§ 51.595 to mittee, or from other available informa 51.613, inclusive of this title), issued by (c) The committee shall determine tion, that such regulations would tend the accuracy of the information sub the U.S. Department of Agriculture, or to effectuate the declared policy of the amendments thereto, or modifications mitted pursuant, to this section. When act. ever the committee finds that there is ah thereof, or variations based thereon, rec (b) Such regulations may include: ommended by the committee and ap error, omission, or inaccuracy in any Cl) Flow-to-Market regulation. such information, it shall correct the proved by thè Secretary. (i) The committee may recommend 2. Section 967.17 is added as follows: same and shall give the person who sub and the Secretary may issue rules per mitted the information a reasonable op § 967.17 Farm operation. taining to Flow-to-Market procedures portunity to discuss with the committee “Farm operation” means any farm and regulations. the factors considered in making the operations which produce celery for one (ii) The committee may recommend correction. or more holders of a base quantity under to the Secretary the total quantity of (vii) Whenever the Secretary has contract or other arrangement. celery which it deems advisable to be fixed the total quantity of celery that 3. Section 967.18 is added as follows: handled during any spécifìed Flow-to- may be handled during a regulated Flow- Market period or periods. to-Market period, the committee shai §967.18 Flow-to-Market period.... (iii) In making its recommendations, compute under a uniform rule, for each “Flow-to-Market period” means any the committee shall give due considera producer entitled thereto, the quantity period or periods of one or more days tion to the following factors: of celery which may be handled by or io FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 PROPOSED RULE MAKING 9025 him or purchased from him by handlers or maturity, minimum standards of qual pended, or terminated upon recommen during such period. The amount to be ity and maturity; dation by the committee, and approval of handled under these regulations will be (5) Require uniform inspection, grad the Secretary. in addition to that quantity of celery a ing of and proper labeling of celery, in (c) Upon recommendation of the handler has on hand at the commence accordance with the standards so estab committee and approval by the Secre ment of the specified Flow-to-Market lished. tary, any or all celery so inspected and, period, as reflected in reports required (6) Fix the size, capacity, weight, certified shall be identified by appro by the committee and approved by the dimensions, or pack of the container or priate seals, stamps, or tags to be affixed Secretary. contaniers which may be handled. to the containers by the handler under (2) The percentage obtain ed by (c) Regulations issued hereunder maythe direction and supervision of a Fed dividing the quantity of crates set by be amended, modified, suspended, or eral or Federal-State Inspector or the the Secretary for such Flow-to-Market terminated by the Secretary whenever committee. period by the total crates requested by it is determined: (d) Insofar as the requirements of this all handlers for such period shall be (1) That such action is warranted section are concerned, the length of time applied uniformly to the amount avail upon recommendation of the committee for which an inspection certificate able for handling for each producer to or other available information; is valid may be established by the determine the maximum number of (2) That such action is essential to committee with the approval of the crates that may be handled by or for provide relief from inspection, or regu Secretary. him during that period: Provided, That lations under paragraph (b) of this (e) When celery is inspected in accord it is within his unused Marketable section, for minimum quantities less ance with the requirements of this sec Allotment pursuant to § 967.38; And than customary commercial transac tion, a copy of each inspection certificate provided further, That until more than tions as recommended by the committee issued shall be made available to the 37,500 crates of his production has been and approved by the Secretary; or committee by the inspection service. handled on his behalf during the cur (3) That regulations issued here (f) The committee may recommend rent season, he shall not be reduced under no longer tend to effectutate the and the Secretary may require that no by the Flow-to-Market regulation; how declared policy of the Act. handler shall transport or cause the ever, he shall be limited to 100 percent 8. Section 967.41 is added as follows: transportation of celery by motor vehicle of the harvest request filed by or for him § 967.41 Handling for special purposes. or by other means unless such shipment for such Flow-to-Market period. is accompanied by a copy of the inspec (3) The committee, with the ap Regulations in effect pursuant to tion certificate issued thereon, or other proval of the Secretary, shall establish § 967.38 or § 967.40 may be modified, document authorized by the committee to uniform rules to the end that handlers’ suspended, or terminated to facilitate indicate that such inspection has been allotments will be apportioned equitably handling of celery for : performed. Such certificate or document among the producers thereof. (a) Exports; shall be surrendered to such authority as (4) For the purpose of determining (b ) Relief or charity ; may be designated by the committee. compliance with Flow-to-Market limi (c) Experimental purposes; tations, a tolerance of 5 percent of an (d) Canning or freezing ; and M arketing R esearch and D evelopm ent allotment holder’s allow ed Flow-to- (e) Other purpose which may be 11. Section 967.44 is added as follows: Market quantity for such period is per recommended by the committee and ap mitted. proved by the Secretary. § 967.44 Marketing research and devel opment. (viii) Verification of compliance with 9. Section 967.42 is added as follows: The committee, with the approval of allotments. During any season or Flow- § 967.42 Safeguards. to-Market period for which allotment the Secretary, may establish or provide regulations are in effect, all acreage of The committee, with the approval of for the establishment of marketing re celery included in applications for allot the Secretary, may establish through search and development projects, includ ments shall be subject to field checking rules such requirements as may be ing marketing promotion and paid ad by the committee to determine compli necessary to’ establish that shipments vertising, designed to assist, improve, or ance with allotments. Checking pro made pursuant to § 967.41 were handled promote the marketing, distribution, and cedures, methods for establishing com and used for the purpose stated. consumption of celery. The expenses of mittee determinations, means for noti I n spectio n such projects shall be paid by funds col fy*11® handlers and other persons of the lected pursuant to § 967.61. Upon conclu extent to which allotments have been 10. Section 967.43 is added as follows: sion of each program, but at least annu used shall be in accordance with rules § 967.43 Inspection and certification. ally, the committee shall summarize and report on the program status and ac recommended by the committee and (a) Whenever the handling of celery approved by the Secretary. Such rules complishments, to its members and the may also provide that a handler shall is regulated pursuant to § 967.40(b) (3)- Secretary. A similar report to the com not handle celery from a field on which (5) t or at other times when recom mittee shall be required of any contract mended by the committee and approved allotments applicable to the available ing party on any paid advertising or uppiy estimated therefor have been by the Secretary, no handler shall handle major program. Also, for each advertis exnausted unless regulations in effect celery unless such celery is inspected by ing or major program the contracting ah authorized representative of the Fed party shall be required to maintain rec terminated7'40(b)Q) are suspended or eral or Federal-State Inspection Service ords of money received and expenditures and is covered by a valid inspection cer and such shall be available to the com hQl2iv Estaklisl1 holidays by limiting th tificate, except when relieved from such mittee and the Secretary. The commit of harvested celery during requirements pursuant to § 967.40(c) or specified period or periods. The amour tee shall, with the approval of the Secre paragraph (b) of this section. tary, establish criteria which will deter will 1 handled under these regulation (b) Regrading, resorting, or repacking mine such major program. poIqtP6 addition to that quantity c any lot of celery shall invalidate any ceiery a handler has on hand at the com 12. The following sections are renum prior inspection certificate insofar as the bered : mencement of the holiday, as reflecte requirements of this section are con £ * £ £ £ ieqpired hv the committee an Sections 967.40-42 are renumbered PProved by the Secretary. cerned. No handler shall handle celery after it has been regraded, resorted, re §§ 967.60-62 respectively. in any or all portions of th packed or in any way additionally pre Sections 967.45-48 are renumbered Sa? ar?a the handling-of partic pared for market, unless such celery is §§ 967.70-73 respectively. amf ™ aJes> ? ^ es> qualities, or packs o inspected by an authorized representa Sections 967.50-60 are renumbered i n e thereof, of celery dur §§ 967.80-90 respectively. mg any period; tive of the Federal or Federal-State In ( ) Limit spection Service. Such inspection re 13. The Secretary shall make such 4 the handling of celery by quirements on regraded, resorted, or establishing changes as may be necessary for the en * in terms of grade, condition, repacked celery may be modified, sus tire marketing agreement and order to No. 119- 4 FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9026 PROPOSED RULE MAKING conform with any amendments thereto operative Dairy Association; New Prague I owa Còunties that may result from the hearing pur Dairy Products, Inc. ; Le Center Farmers Allamakee. Mitchell. suant to this notice. Cooperative; Elba Cooperative Cream Emmet. Winnebago. Copies of this notice may be obtained ery; Spring Valley Cooperative Cream Howard. Winneshiek. from the Vegetable Branch, Fruit and ery; Bellechester Cooperative Creamery; Kossuth. Worth. Vegetable Division, C&MS, U.S. Depart Webster Cooperative Dairy; Red Oak § 1061.7 Route. ' ment of Agriculture, Washington, D.C. Grove Cooperative Creamery Associa tion; Five Star Dairyland Cooperative; “Route” means any delivery either in 20250, or from M. F. Miller, Field Rep side or outside the marketing area (in resentative, Fruit and Vegetable Division, South Central Grade A Cooperative; Waseca Cooperative; Pratt Cooperative; cluding disposition by a vendor or from -Consumer and ..Marketing Service, Post a plant store or from vending machines) Office Box 9, Lakeland, Fla. 33802. Southern Dairy Association; Plainview Milk Products; Stewartville Cooperative of any item of Class I milk to a whole Dated: June 17,1968. Creamery; Utica Cooperative Creamery; sale or retail stop, including any govem- Rollingstone Creamery; Oak Center mentally operated institution, but ex Jo h n C. B l u m , Creamery ; Mazeppa Cooperative Dairy cluding any disposition of skim milk or Deputy Administrator, butterfat not eligible for sale in fluid Regulatory Programs. Association ; Goodhue Cooperative Creamery Association; Farmers Cooper form as Grade A milk or cream in the [F.R. Doc. 68-7317; Filed, June 18, 1968; ' ative Creamery; Cresco, Iowa; Kiester marketing area from a nonpool plant to 8:49 a.m.j Cooperative Creamery; and Ridgeway any other plant or to a commercial proc Cooperative Creamery: essor of foods. [ 7 CFR Part 1061 1 Proposal No. 3L § 1061.8 Plant. . [Docket No. AO—367] D e f in it io n s “Plant” means the entire land, build- < § 1061.1 Act. ings, surroundings, facilities and equip MILK IN SOUTHEASTERN MINNE ment, whether owned or operated by one SOTA-NORTHERN IOWA (“DAIRY- “Act” means Public Act No. 10, 73d or more persons, maintained and oper LAND”) MARKETING AREA Congress, as amended and as reenacted ated at the same location primarily for and amended by the Agricultural Mar the receiving, processing, or other han Notice of Hearing on Proposed Mar keting Agreement Act of 1937, as dling of milk or milk products. Under keting Agreement and Order amended. this definition any separate portion of a Pursuant to the provisions of the Agri § 1061.2 Secretary. premises or facilities qualified under § 1061.9(b) used to receive, process, or cultural Marketing Agreement Act of “ Secretary” means the Secretary of 1937, as amended (7 U.S.C. 601 et seq.), otherwise handle milk shall be deemed Agriculture or any officer or employee of to be a separate plant. This definition and the’applicable rules of practice and the United States who is authorized to procedure governing the formulation of shall not include any building, premises, exercise the powers and to perform the facilities, or equipment used primarily marketing agreements and marketing or duties of the Secretary of Agriculture. - ders (7 CFR Part 900), notice is hereby (a) to hold or store bottled milk or milk given of a public hearing to be held at § 1061.3 Department. products in finished form in transit for the North Hall, Mayo Civic Auditorium, wholesale or retail distribution on a “Department” means the U.S. Depart route(s), or (b) to transfer milk from 30 Second Avenue SE., Rochester, Minn., ment of Agriculture or such other Federal beginning at 10 a.m. on July 9,1968, with one conveyance to another in -transit agency as may be authorized to perform from farm to plant of first receipt. respect to a proposed marketing agree the price reporting functions of the U.S. ment and order, regulating the handling Department of Agriculture. § 1061.9 Pool plants. of milk in the Southeastern Minnesota- Northern Iowa (“Dairyland” ) marketing § 1061.4 Market administrator. “Pool plant” means any plant meeting the conditions of paragraphs (a) or (b) area. ~ „ “Market administrator” means the of this section but not any plant with The public hearing is for the purpose person designated pursuant to § 1061.20 drawn pursuant to paragraph (e) of this of receiving evidence with respect to as the agency for the administration of section,, a plant of a handler exempted economic and marketing conditions this part. pursuant to § 1061.62 or the plant of a which relate to the proposed marketing § 106J.5 Person. producer-handler: Provided, That if a agreement and order, hereinafter set portion of a plant is physically separated forth, and any appropriate modifications “Person” means any individual, part from the Grade A portion of such plant, thereof; and for the purpose of deter nership, corporation, association, or is operated separately and is not mining (1) whether the handling of milk other business unit. approved by any health authority for the in the area proposed for Regulation is in receiving, processing or packaging of the current of interstate or foreign com § 1061.6 Southeastern Minnesota-North any fluid milk product for Grade A merce or directly burdens, obstructs, or ern Iowa (“Dairyland” ) marketing area. disposition, it shall not be considered as affects interstate or foreign commerce, part of a pool plant pursuant to this (2) whether there is need for a market “Southeastern Minnesota - Northern ing agreement or order regulating the section. ‘ . Iowa (‘Dairyland’) marketing area”, (a) A plant in which milk is processed handling of milk in the area, and <3 ) or packaged and from which not less whether provisions specified in the pro called the marketing area, means the ter ritory within the perimetric boundaries than 15 percent of its total disposition posals or some other provisions appropri of Class I milk and an amount greater ate to the terms of the Agricultural of the counties listed below, including all than is disposed of in the marketing area Marketing Agreement Act of 1937, as territory (Federal, State or municipal), of another order issued pursuant to tn amended, will tend to effectuate, the de installations, institutions, and other es Act during the month either by tne tablishments: operator of such plant or by anoth clared policy of the Act. person is made within the niarketing Minnesota Counties The proposals, set forth below, have area on a route(s): Provided, That not received the-approval of the Secre Blue Earth.. Martin. total quantity of Class I milk disp0® . tary of Agriculture. Brown. Mower. of from such plant during the monin Proposed by Rochester Dairy Cooper Cottonwood. Nicollet. Dodge. Olmsted. either inside or outside the market s ative; Adams Cooperative Creamery; Faribault. Redwood. areas, is equal to 15 percent or more _ Rushford Cooperative Creamery; Ra Fillmore. Rice. such plant’s total receipts of skim mux cine Cooperative Creamery ; Kellogg Freeborn. Steele. and butterfat eligible for sale m Cooperative Creamery; Wilson Cooper Goodhue. - Wabasha. form as Grade A milk within the market Houston. Waseca. ing area in any of the months of January ative Creamery; Albert Lea Cooperative Jackson. Watonwan. Creamery Association; Rice County Co Be Sueur Winona. through June, or 26 percent or more o FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 PROPOSED RULE MAKING 9027 such total receipts in any of the months § 1061.11 Producer. § 1061.15 Producer-handler. of July through December; or “Producer” means any person, other “Producer-handler” means any person (b) Any plant from which during anythan a producer-handler as defined in who both produced milk eligible for sale month 20 percent or more of such plant’s any order (including this part) issued in fluid form as Grade A milk within the total receipts for such month from farms pursuant to the Act, who produces milk marketing area and is a handler and who of skim milk or butterfat eligible for sale in compliance with the Grade A inspec receives no milk directly from the farms in fluid form as Grade A milk within the tion requirements of a duly constituted of other producers and not more than the marketing area is (1) delivered to plants health authority; and whose milk is: lesser of 5,000 pounds of skim milk and which have qualified pursuant to para butterfat from other handlers or an graph (a) of this section: Provided, That (a) Received from the farm at a pool plant; or amount equivalent to 5 percent of his up to half of such disposition may be Class I utilization: Provided, That the delivered to other plants from which (b) Moved in accordance with the Class I milk is disposed of in the market conditions of § 1061.44(c) but allotted to maintenance, care and management of ing area or to a plant regulated by any a pool plant by listing on the payroll the dairy animals and other resources order issued pursuant to the Act, or (2) report of such plant pursuant to necessary to produce such milk and the delivered to a governmentally owned and § 1061.32, which milk shall be deemed to processing, packaging or distribution of operated institution which disposes of be received at such pool plantr such milk are the personal enterprise, and the personal risk, of such person. Class I milk in this marketing area solely § 1061.12 Producer milk. for use on its own premises or to its own § 1061.16 Other source milk. “Producer milk” or “milk received facilities: Provided, That if such plant “Other source milk” means all skim qualified pursuant to this paragraph in from producers” means milk produced by one or more producers. .milk and butterfat: each of the immediately preceding (a) Other than that contained in pro months of August, September, and Octo § 1061.13 Handler. ducer milk or received from a pool ber, it shall be a pool plant through the “Handler” means: plant(s); and following July: And provided further, (b) Contained in products from any That if member producer milk of a co (a) Any person in his capacity as the operator of a pool plant (s): Provided, source (including those produced at the operative association is delivered as plant) which are reprocessed, converted direct shipped milk to plants described That any cooperative association quali in paragraph (a) or (b) of this section, fying as a handler pursuant to this para into, or combined with another product any such deliveries by such cooperative graph shall be, for the purposes of mak in the plant during the month. association to such plants may be con ing payments pursuant to § 1061.83, the M arket A dministrator handler also with respect to producer sidered for purposes of this paragraph, § 1061.20 Designation. as having been received first at a plant milk caused to be delivered for the ac of such cooperative association. count of such association from the farms The agency for the administration of (cT Upon notice by the handler in of producers to the pool plant(s) of this part shall be a market administrator writing received by the market adminis another handler(s); who shall be a person selected by the trator, or postmarked, on or before the (b) Any cooperative association with Secretary. Such person shall be entitled last day of any month, any plant quali respect to producer milk which it causes to such compensation as may be deter fied as a pool plant pursuant to para to be diverted for its account from a mined by, and shall be subject to removal graph (b) of this section may be with pool plant to a nonpool plant; at the discretion of the Secretary. drawn from pool plant status beginning (c) Any cooperative association with § 1061.21 Powers. with the next month: Provided, how respect to milk of its member producers ever, That any such plant withdrawn delivered directly from the farm to the The market administrator shall: from pool plant status may not regain pool plant of another handler in a tank (a) Administer the terms and pro status prior to the next August 1 and truck owned, operated by, or under con visions of this part; then only by meeting the requirements tract to, or under the control of such (b) Receive, investigate, and report to set forth to the first proviso in para cooperative association. The milk for the Secretary complaints of violations of graph (b) of this section in the manner which a cooperative association is a the terms and provisions of this part; of a plant qualifying for pool plant status handler pursuant to this paragraph shall (c) Recommend to the Secretary for the first time. be deemed to have been received at the amendments to this part; and § 1061.10 Nonpool plant. location of the pool plant to which it was delivered; (d) Make rules and regulations to Nonpool plant” means any milk effectuate the terms and provisions of receiving, manufacturing, or processing (d) Any person in his capacity as the this part. operator of a partially regulated distrib .Plant other than a pool plant. The fol- § 1061.22 Duties. owing categories of nonpool plants are uting plant. This definition shall not further defined as follows: apply to a governmentally owned and The market administrator shall per operated institution which disposes of nio * 4?0t^er order plant” means a form all duties necessary to administer Plant that is fully subject to the pricing Class I milk solely for use on its own the terms and provisions of this part, < P°°hng provisions of another order premises or to its own facilities; including but not limited to, the follow Pursuant to the Act. (e) Any person in his capacity as the ing: nio«+ < FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9028 PROPOSED RULE MAKING (d) Unless otherwise directed by themonth and in the detail and on forms form of all skim milk and butterfat re Secretary, publicly disclose within 30 prescribed by the market administrator, ceived, including nonfluid milk products days after such nonperformance becomes each person who is a handler pursuant disposed of in the form in which received known to the market administrator, the to § 1061.13 (a) shall report to the market without further processing or packaging; name of any person who, within 20 days administrator for the preceding month (b) the weights and tests for butterfat after the date on which he is required to with respect to all milk and milk products and for other content, of all other skim perform such acts, has not (1) made re except any milk product defined as Class milk or butterfat handled; (c) payments ports pursuant to § 1061.30 or (2) made II milk which is disposed of in the form to producers and cooperative associa payments pursuant to §§ 1061.80, 1061.83, in which received without further proc tions; and (d) the pounds of skim milk and 1061.85; and may at any time there essing or packaging by the handler, re and butterfat contained in or represented after so disclose any such name if ceived at each pool plant, the following: by all milk, skim milk, cream, and eaeh authorized by the Secretary; (11 The quantities of skim milk and milk product on hand at the beginning Ge) Verify each handler’s reports and the quantities of butterfat contained In and at the end of each month. payments by inspection of such handler’s milk received from producers (including § 1061.34 Retention o f records. records and the records of any other per such handler’s own production) pro son upon whose utilization the classifica ducer-handlers, and other pool plants; All books and records required under tion of skim milk or butterfat for such (2) The quantities of skim milk and this part to be made available to the mar handler depends; quantities of butterfat contained in other ket administrator shall be retained by (f) Prepare and disseminate to the source milk, with the sources thereof; the handler for a period of 3 years to public such statistics and information (3) The utilization of all skim milk, begin at the end of the month to which concerning the operations under this and butterfat required to be reported such books and records pertain: order as he deems advisable and as do pursuant to this paragraph, including Provided, That if ■within such 3-year not reveal confidential information; on a skim milk equivalent basis any non period the market administrator notifies (g) On or before the fifth working day fat milk solids used to fortify (or as an the handler in writing that the retention of each month, mail to all handlers and additive to) any milk product as de of such books and records, or of specified make public announcement of the Class I scribed in § 1061.45, and including the books and records, is necessary in con price computed pursuant to § 1061.52, quantities of skim milk and butterfat on nection with a proceeding under section and the butterfat differential computed hand at the beginning and end of each 6c (15) (A) of the Act or a court action pursuant to § 1061.54(a) for the then month as milk and milk products; (Specified in such notice, the handler current month, and the Class II price (4) Such other information with re shall retain such books and records or computed pursuant to § 1061.53 and the spect to all receipts and utilization as specified books and records until further butterfat differential computed pursuant the market administrator may prescribe. written notification from the market ad to § 1061.54(b) for the preceding month; (b) Each handler specified in § 1061.13ministrator. In either case the market and FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 PROPOSED RULE MAKING 9029 plants, exclusive of the quantity for the amount thereof remaining in such supply of Grade A milk for such nonpool which Class II utilization was requested class in the transferee plant after com plant; by the handler; and putations pursuant to § 1061.46(a) (5) (ii) Any Class I utilization disposed of (iv) Less skim milk and butterfat and the corresponding step of (b) ; on routes in the marketing area of an transferred in bulk fluid form to other (2) If thé transferor plant received other order issued pursuant to the Act order plants; and during the month other source milk to be shall be first assigned to receipts from (3) Not accounted for as Class n allocated pursuant to § 1061.46(a) (2), plants fully regulated by such order, next milk. the skim milk and butterfat so trans- pro rata to receipts from pool plants and - (b) Class II milk. Class II milk shall fered shall be classified so as to allocate other order plants not regulated by such be: the least possible Class I utilization to order, and thereafter to receipts from (1) Skim milk and butterfat used to such other source milk; and dairy farmers who the market adminis produce butter, nonfat dry milk, cheese, (3) If the transferor handler received trator determines constitute regular cottage cheese, sterilized milk and milk during the month other source milk to be sources of supply for such nonpool plant; products in hermetically sealed cans, allocated pursuant to § 1061.46.(a) (4) or (iii) Class I utilization in excess of ice cream and frozen dessert, bakery (5) and the corresponding steps of that assigned pursuant to subdivision (i) products, meat products, prepared foods § 1061.46(b), the skim milk and butter and (ii) of this subparagraph shall be in hermetically sealed metal containers, fat so transferred up to the total of such assigned first to remaining receipts from prepared foods in any dry or nonfluid receipts shall not be classified as Class I dairy farmers who the market adminis form, and animal feed. milk to a greater extent than would be trator determines constitute the regular (2) Skim milk and butterfat stored in applicable to a like quantity of such other source of supply for such nonpool plant a public cold storage warehouse as frozen source milk received at the transferee and Class I utilization in excess of such cream; plant; - receipts shall be assigned pro rata to (3) Skim milk and butterfat contained (b) As Class I milk, if transferred in unassigned receipts at such nonpool plant in any item included under paragraph fluid form from a pool plant to a pro from all pool and other order plants; and (a) of this section disposed of as animal ducer-handler; (iv) To the extent that Class I utili feed; 'v'rV^T (c) As Class I milk if moved to a non zation is not so assigned to it, the skim (4) Skim milk represented by the non pool plant by a cooperative association milk and butterfat so transferred shall be fat milk solids added to a Class I product directly from the farm of the producer classified as Class II milk; which is in excess of the weight of an and the nonpool plant is one from which (f) As follows, if transferred to an equivalent volume o f the fluid milk milk is disposed of in fluid form on other order plant in excess of receipts products prior to such addition; and routes; from such plant in the same category as (5) In shrinkage of skim milk and (d) As Class I milk, if transferred to a described in subparagraph (1), (2), or butterfat, respectively, assigned pursuant nonpool plant that is neither an other (3) of this paragraph: to § 1061.42(b) (2). order plant nor a producer-handler (1) If transferred in packaged form, § 1061.42 Shrinkage. plant and is located outside the market classification shall be in the classes to ing area; which allocated under the other order; The market administrator shall deter- (2) If transferred in bulk form, classi niine, for each handler, shrinkage of (e) As Class I milk, if transferred in bulk to a nonpool plant that is neither fication shall be in the classes to which skim milk and butterfat, respectively, in allocated under the other order (includ producer milk and in other source milk an other order plant nor a producer- handler plant and is not outside the ing allocation under the conditions set in the following m anner: forth in subparagraph (3) of this (a) Compute the total shrinkage of marketing area, unless the requirements paragraph); skim milk and butterfat, respectively, for of subparagraphs (1) and (2) of this paragraph are met, in which case the (3) If the operators of both the trans each of such handler’s pool plants sepa feror and transferee plants so request in rately; and skim mHk and butterfat so transferred shall be classified in accordance with the the reports of receipts and utilization (b) Prorate the resulting amounts filed with their respective market admin between the recipts of skim milk and assignment resulting from subparagraph (3) of this paragraph: istrators, transfers in bulk form shall be butterfat contained in: classified as Class n to the extent of the , ^ e net quantity of producer milk (1) The transferring handler claims Class II utilization (or comparable utili °ther fluid products specified in classification pursuant to the assignment zation under such other order) available § 1061.41(a) (2); and set forth in subparagraph (3) of this for such assignment pursuant to the allo ^ Other source milk exclusive of that paragraph in his report submitted to the cation provisions of the transferee order; specified in § 1061.41(a) (2). market administrator pursuant to (4) If information concerning the § 1061.30 for the month within which classification to which allocated under § 1061.43 Responsibility o f handle] such transaction occurred; and reclassification of milk. the other order is not available to the (2) The operator of such nonpool market .administrator for purposes of skim milk ^ butterfat r< plant maintains books and records show establishing classification pursuant to ceived by a handler shall be Class I mi] ing the utilization of all skim milk and unless the handler who first received sue this paragraph, classification shall be as butterfat received at such plant which Class I, subject to adjustment when such mi milk and butterfat proves to tl are made available if requested by the information is available; •? administrator that it should 1 market administrator for the purpose of classified otherwise; and (5) For purposes of this paragraph, if verification; and the transferee order provides for more h p iliAn?!cskil?[1 milk and butterfat sha (3) The skim milk and butterfat so reclassified if verification by the mai than two classes of utilization, milk allo transferred shall be classified on the cated to a class consisting primarily of nvL administrator discloses that tl basis of the f ollowing assignment of utili fluid products shall be classified as Class gmal classification was incorrect. zation at such nonpool plant in excess of I, and milk allocated to other classes shall § 1061.44 Transfers. receipts of packaged fluid milk products be classified as Class II; and from all pool plants and other order (6) If the form in which any fluid s i S ?1 1111115 0r butterfat shall be clas- plants: products is transferred to an other order (i) Any Class I utilization disposed ofplant is not defined under such other thf Ytilization indicated by on routes in the marketing area shall be order, classification shall be in accord Class PJants,. otherwise first assigned to the skim milk and ance with the provisions of § 1061.41. Plant t/f3*!^’ lf transferred from a i butterfat in the fluid products so trans dler^ FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9030 PROPOSED RULE MAKING port submitted by each handler and shall unregulated supply plants which were point of any price range as one price) compute the total pounds of skim milk not subtracted pursuant to subpara of Grade A (92-score) bulk creamery and butterfat, respectively, in Class I graph (3) (i) of this paragraph; butter per pound at Chicago, as reported milk and Class II milk for each han (5) Subtract from the pounds of skim by the TLS. Department of Agriculture dler: Provided, That when nonfat milk milk remaining in each class, in the for the month. The basic formula price solids derived from nonfat dry milk, con following order, the pounds of skim milk shall be rounded to the nearest full cent. densed skim milk, and any other product in receipts of fluid products in bulk from § 10 61 .5 2 Class I price. condensed from milk or skim milk, are an other order plant(s), in excess in utilized by such handler either (a) to each case of similar transfers to the Subject to the differentials provided fortify (or as an additive to) fluid milk, same plant, which were not subtracted in § 1061.54(a), the price per hundred flavored milk, skim milk, or any other pursuant to subparagraph (3) (ii) of weight for Class I milk each month shall milk product, or (b) for disposition by a this paragraph; be the amount computed pursuant to handler in reconstituted form as skim (i) In series beginning with Class H , § 1068.53 (the order regulating the han milk or a milk drink, the total pounds of the pounds determined by multiplying dling of milk in the Minneapolis-St. Paul, skim milk computed for the appropriate the pounds of such receipts by the larger Minn., marketing area). class of use shall reflect a volume equiva of the percentage of estimated Class II § 1061.53 Class II price. lent to the skim milk used to produce utilization of skim milk announced for such nonfat milk solids. the month by the market administrator The price per hundredweight for Class pursuant to § 106L22(i) or the percent n milk shall be the basic formula price. § 1061.46 Allocation of skim milk and age that Class II utilization remaining butterfat classified. § 1061.54- Butterfat differentials to han is of the total remaining utilization of dlers. After making the computation pursu skim milk of the handler; and If the average butterfat content of the ant to § 1061.45, tiie market administra (ii) From Class I, the remaining tor shall determine the classification of Class I milk or Class XL milk, computed pounds of such receipts; pursuant to § 1061.46(c), for any handler producer milk for each Jtiandler as (6) Subtract from the pounds of skim fallows: for the month is more or less than 3.5 (a) Skim milk shall be allocated in the milk remaining in each class the pounds percent, there shall be added to, or sub of skim milk received in fluid products following manner: tracted from, the applicable class price (1) Subtract from the pounds of skimfrom other pool plants according to the per hundredweight, computed pursuant milk in each class, the pounds of skim classification assigned pursuant to to §§ 1061.52 and 1061.53 for each one- milk in fluid products received in pack § 1061.44(a); tenth of 1 percent that the average aged form from other order plants as (7) If the pounds of skim milk re butterfat content of such class is above or follows: maining in both classes exceed the below 3.5 percent, a butterfat differential (1) From Class H milk, the lesser of pounds of skim milk in producer milk, computed by the market administrator the pounds remaining or two percent of subtract such excess from the pounds of as follows: such receipts; and skim milk remaining in each class in (a) Class I milk. To the simple average FEDERAL REGISTER, VOL. 33, NO. I I 9— WEDNESDAY, JUNE 19, 1968 PROPOSED RULE MAKING 9031 evidence of his qualifications as a pro either of the amounts Cat the handler’s (3) Combine the amounts of skim milk ducer-handler pursuant to § 1061.15 and election) calculated pursuant to para and butterfat remaining into one total shall furnish evidence of subsequent graph (a) or (b) of this section. If the and determine the weighted average changes made in the manner of produc handler fails to report pursuant to butterfat content; and ing, securing, or distributing milk that § 1061.30(b) and the information neces (4) From the value of such milk at affect such qualifications as a producer- sary to compute the amount specified in the Class I price applicable at the loca handler; such verification by the market paragraph (a) of this section, he shall tion of the nonpool plant, subtract its administrator shall be made within 15 pay the amount computed pursuant to value at the uniform price pursuant to days of receipt of the evidence and shall paragraph (b) of this section: § 1061.71 at the same location or at the be effective as of the first day of the (a) An amount computed as follows: Class II price, whichever is higher. (1) (i) The obligation that would have month dining which verification is made. D etermination of U n if o r m P rices to been computed pursuant to § 1061.70 at P roducers § 106]..62 Milk under more than one such plant shall be determined as though Federal order. such plant were a pool plant. For pur § 1061.70 Computation of the net pool Milk received at a plant qualified as poses of such computation, receipts at obligation o f each pool handler. a pool plant under § 1061.9(a) shall be such nonpool plant from a pool plant The net pool obligation of each pool exempt from the provisions of this order or an other order plant shall be assigned handler during each month shall be a if the conditions of paragraphs (a) and to the utilization at which classified at sum of money computed by the market (b) of this section are met: Provided, the pool plant or other order plant and administrator as follows: That the handler of such milk shall make transfers from such nonpool plant to a (a) Multiply the quantity of producer reports to the market administrator with pool plant or an other order plant shall milk in each class (including any such respect to his total receipts and utiliza be classified as Class II milk if allocated milk caused to be delivered to such han tion of skim milk and butterfat at such to such class at the pool plant or other dler from the farms of producers for the times and in such manner as the market order plant and be valued at the uniform account of a cooperative association), as administrator may require and allow, price of the respective order if so al computed pursuant to § 1061.46(c), by verification of such reports by the market located to Class I milk. There shall be the applicable class prices; administrator in accordance with included in the obligation so computed (b) Add the amount obtained from § 1061.33: a charge in the amount specified in multiplying the pounds of overage de (a) The Secretary determines that a § 1061.70(d) and a credit in the amount ducted from each class pursuant to greater quantity of milk in fluid form specified in § 1061.83(b) (2) with respect § 1061.46(a) (7) and the corresponding is disposed of from such plant to an to receipts from an unregulated supply step of § 1061.46(b) by the applicable other regulated area as defined in plant, unless an obligation with respect class prices; another marketing agreement or order to such plant is computed as specified be (c) Add an amount equal to the dif issued pursuant to the Act either on low in this subparagraph. ference between the Class I and Class II routes or through plants regulated by (ii) If the operator of the partially price values at the pool plant of the skim such other marketing agreement or order regulated distributing plant so requests, milk and butterfat subtracted from Class than is disposed of from such plant in and provides with his report pursuant to I pursuant to § 1061.46(a) (2) and the the Dairyland marketing area either on § 1061.30(b) a similar report with respect corresponding step of § 1061.46(b); and routes or through other pool plants; and to the operations of any other nonpool (d) Add the value at the Class I price (b) Such milk would be subject to the plant which serves as a supply plant for of the skim milk and butterfat sub class price and producer payment pro such partially regulated distributing tracted from Class I pursuant to visions of the other marketing agreement plant by shipments to such plant during § 1061.46(a) (4) and the corresponding or order upon being made exempt from the month equivalent to the requirements step of § 1061.46(b). this part. of § 1061.9(b), with agreement of the op erator of such plant that the market ad § 1061.71 Compulation of uniform § 1061.63 Butterfat in fluid skim milk. ministrator may examine the books and price. A handler may claim, for classification records of such plant for purposes of For each month the market adminis ?™?oses’ Pursuant to §§ 1061.40 through verification of such reports, there will be / trator shall compute a uniform price as 1061.46, butterfat in skim milk either added the amount of the obligation com follows: disposed of to others or used in the puted at such nonpool supply plant in (a) Combine into one total the values manufacture of milk products, by speci- the same manner and subject to the same computed pursuant to § 1061.70 for all butterfat content of such skim conditions as for the partially regulated handlers who filed reports pursuant to milk m his report for the month filed distributing plant; § 1061.30 for the month and who made pursuant to § 1061.30(a), or by giving (2) From this obligation there will be the payments pursuant to §§ 1061.80 and Pnor notification to the market ad deducted the sum o f: 1061.83 for the preceding month; ministrator of his desire to do so. In the (i) The gross payments made by such (b) Subtract, if the average butterfat o^en'; P18'*' a handler does not have handler for Grade A milk received dur content of the milk specified in para dequate records of the butterfat content ing the month from dairy farmers at graph (d) of this section is more than +vo+UCil the market adminis- such plant and like payments made by 3.5 percent, or add, if such butterfat use 0 065 Percent as the the operator of a supply plant (s) in content is less than 3.5 percent, an «vSf v i content Per hundredweight of cluded in the computations pursuant to amount computed by multiplying the skim milk: Provided', That if the subparagraph (1) of this paragraph, and amount by which the average butterfat the o er ! ■ any ^me after discontinuing tii) Any payments to the producer- content of such milk varies from 3.5 per rip!ivCC°4Unting of butterfat in skim milk settlement fund of another order under cent by the butterfat differential com g ™ * , again account for the same, which such plant is also a partially reg puted pursuant to § 1061.81 and multi dcl so by notifying the market ulated distributing plant. plying the result by the total hundred : S * atoJ in writing at least 30 days (b) An amount computed as follows: weight of such milk; whiAh ° * 5* day °* month during (1) Determine the respective amounts (c) Add an amount equal to not less uch change shall become effective. of skim milk and butterfat disposed of than one-half of the unobligated balance § 1061.64 Obligations o f handler oper as Class I milk on routes (other than to in the producer-settlement fund; ating a partially regulated distribut pool plants) in the marketing area; (d) Divide the resulting amount by ing plant. (2) Deduct (except that deducted un the sum of the following for all handlers der a similar provision of another order included in these computations; re|^i^prfa£dle?KWho °perates a partii egulated distributing plant shall pay issued pursuant to the Act) the respec (1) The total hundredweight of pro ne market administrator for the p tive amounts of skim milk and butterfat ducers’ milk; and received as Class I milk at the partially (2) The total hundredweight for ? ^ er;Settlement fund on or before regulated distributing plant from pool which a value is computed 'pursuant to 5th day a«er the end of the moi plants and other order plants; § 1061.70(d) ; and FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9032 PROPOSED RULE MAKING (e) Subtract not less than four cents( 2) of this paragraph, to each producer, another handler from the pool plant of nor more than five cents per hundred at-not less than the applicable uniform such cooperative association or caused weight. The result shall be the “uniform price computed pursuant to § 1061.71(e) to be delivered to such handler from price” for milk received from producers. , for the preceding month, for the milk of the farms of producers for the account such producer received by such handler of such cooperative association shall not § 1061.72 Notification of handlers. during the first 15 days of the current relieve the transferee handler of any On or before the 15th day of each month; obligation on any sUch milk which is due month the market administrator shall (2) On or before the 20th day of each the cooperative association, or otherwise notify each handler of: month, each handler shall make pay due pursuant to §§ 1061.80 through 1061.- (a) The amount and value of his pro ment to a cooperative association which 92, inclusive: ducer milk in each class computed pur is not a handler for milk of producers (a) The net pool obligation computed suant to §§ 1061.46 and 1061.70, and the from whom such association has re pursuant to § 1061.70 for such handler; totals of such amounts and values; ceived written authorization to collect and (b) The uniform price computed to payment, at not less than such uniform (b) The sum of: § 1061.71; price for the preceding month, for all (1) The value of such handler’s pro (c) The amount, if any, due such han such milk received by such handler dur ducer milk at the applicable uniform dler from the producer-settlement'fund; ing the first 15 days of the current price specified in § 1061.80; and and month; and <2) The value at the weighted aver (d) The amounts to be paid by each (3) On or before the 20th day of each age price (s) applicable at the location of handler pursuant to §§ 1061.80, 1061.83, month, each handler shall make pay the plant(s), from which received (not 1061.85,1061.90,1961.91, and 1061.92. ment to a cooperative association which to be less than the value at the Class is a handler, at not less than thè appli H price) with respect to other source P a y m e n t s for M il k cable Class I price for the current month milk for which a value is computed pur § 1061.80 lim e and method of payment. pursuant to § 1061.52 for all skim milk suant to § 1061.70(d). Eadh handler shall make payment for and butterfat received from a pool § 1061.84 Payments out of the pro milk received from producers or coopera plant(s) operated by such cooperative ducer-settlement fund. tive associations as follows: association, or caused by such associa On or before the 17th day after the end tion to be delivered from the producers’ (a) On or before the 11th day after of each month, the market administrator farms to such handler, during the first shall pay, subject to the proviso of the end of the month in which the skim 15 days of the current month. milk or butterfat was received, to a co § 1061.82, to each handler the amount, operative association which is a handler, (4) All payments made pursuant to if any, by which the amount computed at not less than the applicable class this paragraph shall be 'Subject to pursuant to § 1061.83(b) exceeds the prices for all skim milk and butterfat the butterfat differential pursuant to amount computed pursuant to § 1061.- received from a pool plant (s) operated by § 1061.81. 83(a). such cooperative association or caused by § 1061.81 Butterfat differential to pro § 1061.85 Adjustments to payments. it to be delivered to such handler from ducers. producers’ farms, less the amount of (a) Whenever verification by the mar The uniform price pursuant to ket administrator of reports or payments payment made pursuant to paragraph § 1061.71 shall be increased or decreased (c) of this section. by any handler discloses errors in pay for each one-tenth of 1 percent that the ments to the producer-settlement fund (b) On or before the 21st day after butterfat content of such milk is above the end of the month during which the pursuant to § 1061.83 the market ad or below 3.5 percent, respectively, at the ministrator shall promptly bill such han milk was received, to each producer for rate determined by multiplying the milk not caused to be delivered to such dler for any unpaid amount and such pounds of butterfat in producer milk handler shall, within 5 days of such bill handler by a cooperative association allocated to Class I and Class n milk which is a handler, as follows: Provided, ing, make payment to the market ad pursuant to § 1061.46 by the respective ministrator of the amount so billed. That such payment shall be made, upon butterfat differential for each class, request, to a cooperative association Whenever verification discloses that pay dividing the sum of such values by the ment is due from the market adminis which is not a handler, or to its duly total pounds of such butterfat, and authorized agent, with respect to milk trator to any handler, the market ad rounding the resulting figure to the ministrator shall, within 5 days, make received from each producer who has nearest one-tenth cent. given such association authorization by payment to such handler. contract or by other written instrument § 1061.82 Producer-settlement fund. (b) Whenever verification by the mar to collect the proceeds from the sale of The market administrator shall estab ket administrator of the payments by a his milk, and any payment made pur lish and maintain a separate fund known handler to any producer or cooperative suant to this proviso shall be made on or as the “producer-settlement .fund” into association discloses payment of less than before the 20th day after the end of such which he shall deposit all payments made is required by § 1961.80, the handler shall month, at not less than the uniform by handlers pursuant to §§ 1061.64, pay the balance due such producer or price computed pursuant to § 1061.71, 1061.83, and 1061.85 and out of which he cooperative association not later than subject to the butterfat differential set shall make all payments due handlers the time for making payments next fol forth in § 1061.81 and less the amount of pursuant to §§ 1061.84 and 1061.85: Pro lowing such disclosure. payment made pursuant to paragraph vided, That the market administrator § 1061.86 Statement to producer. (c) of this section. shall offset any payments due any han In making payment to individual pro (c) Handlers (other than cooperative dler against payments due from such ducers as required by § 1961.80, each associations) shall make partial pay handler. handler shall furnish each producer from ments to producers and cooperative as § 1061.83 Payments to the producer- whom he received milk a supporting sociations pursuant to subparagraphs settlement fund. statement, in such form that it may be (1) and C2) of this paragraph: Provided, retained by the producer, which shall That in the event any producer discon On or before the 16 th day after the tinues shipping to suedi handler during end of the month each handler shall pay show: the month, such partial payment shall to the market administrator the amount, (a) The month involved, and the iden not be made and full payment for all if any, by which the total amounts speci tity of the handler and of the producer, milk received from such producer during fied in paragraph (a) of this section (b) The total pounds and the average such month shall be made pursuant to exceed the amounts specified in para butterfat content of the milk receive paragraphs (a) and (b) of this section. graph (b) of this section: Provided, That, from the producer; <1) On or before the 25th day of each payment made by a cooperative associa (c) The minimum rate at which pay month, each handler shall make pay tion as a handler pursuant to this para ment to the producer is required pursu ment, except as set forth in subparagraph graph with respect to mük transferred to ant to § 1061.89; FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 PROPOSED RULE MAKING 9033 (d) The rate used in making the pay § 1061.93 Termination of obligation. pursuant to section 8c(15) (A) of the ment if such rate is other than the appli The provisions of this section shall Act, a petition claiming such money. cable minimum; apply to any obligation under this part § 1061.94 Agents. (e) The amount (or rate) per hun for the payment of money irrespective The Secretary may, by designation in dredweight of each deduction claimed by of when such obligation arose except an the handler, including any deduction writing, name any officer or employee obligation involved in an action of the United States to act as his agent claimed under § 1061.91, together with a instituted before August 1, 1949, under description of the respective deductions; or representative in connection with any section 8c(15) (A) of the Act or before a of the provisions of this part. and j court. (f) The net amount of the payment to (a) The obligation of any handler to Effective T im e, Suspension or the producer. pay money required to be paid under the T ermination M iscellaneous terms of this part shall, except as § 1061.100 Effective time. provided in paragraphs (c) and (d) of § 1061.90 Expense of administration. this section, terminate 2 years after the The provisions of this part or any As his pro rata share of the expense last day of the month during which the amendment to this part shall become ef of administration of the order, each market*' administrator receives the fective at such time as the Secretary handler shall pay to the market admin handler’s utilization report on the milk may declare and shall continue in force istrator on or before the 15th day after involved in such obligation unless within until suspended or terminated pursuant tne end of the month four cents per such 2-year period the market admin to § 1061,101. hundredweight or such lesser amount as istrator notifies the handler in writing § 1061.101 Suspension or termination. that such money is due and payable. the Secretary may prescribe, with re The Secretary shall suspend or termi spect to (a) producer milk (including Service of such notice shall be completé upon mailing to the handler’s last known nate any or all of the provisions of this such handler’s own production), (b) part, whenever he finds that it obstructs other source milk allocated to Class I address, and it shall contain but need not be limited to, the following information: or does not tend to effectuate the declared pursuant to § 1061.46(a) (2) and (4) and policy of the Act. This part shall, in any the corresponding steps of § 1061.46(b), (1) The amount of the obligation; (2) The month (s) during which the event, terminate whenever the provisions and (c) Class I milk disposed of in the of the Act authorizing it cease to be in marketing area from partially regulated milk, with respect to which the obligation distributing plants that exceeds the exists, was received or handled; and effect. hundredweight of Class I milk received (3) If the obligation is payable to one § 1061.102 Continuing power and duty during the month at such plant from or more producers or to an association of the market administrator. pool plants and other order plants. of producers, the name of such pro (a) If, upon the suspension or termi ducer (s) or association of producers, or § 1061.91 Marketing services. nation of any or all of the provisions of if the obligation is payable to the market this part, there are any obligations aris (a) Deductions for marketing services. administrator, the account for which it ing under this part, the final accrual or Except as set forth in paragraph (b) of is to bp paid. ascertainment of which requires acts by this section, each handler, in making (b) If a handler fails or refuses, with any handler, by the market administra payment to producers (other than him respect to any obligation under this part, tor, or by any other person, the power self) pursuant to § 1061.80, shall make to make available to the market admin and duty to perform such further acts a deduction of 6 cents per hundred istrator or his representatives all books shall continue notwithstanding such sus weight, or such lesser deduction as the and records required by this part to be pension or termination: Provided, That Secretary from time to time may pre made available, the market admin scribe, with respect to all milk received istrator may, within the 2-year period any such acts required to be performed from producers’ farms during the month, provided for in paragraph (a) of this by the market administrator shall, if and shall pay such deductions to the section, notify the handler in writing of the Secretary so directs, be performed by market administrator on or before the such failure or refusal. If the market such other persdn, persons, or agency 18th day after the end o f such month.' administrator so notifies a handler, the as the Secretary may designate. Such monies shall be expended by the said 2-year period with respect to such (b) The market administrator, or such market administrator for market infor obligation shall not begin to run until the other person as the Secretary may des mation to, and for the verification of first day of the month following the ignate, shall: weights, sampling, and testing of milk month dining which all such books and (1) Continue in such capacity until received from said producers. records pertaining to such obligations are discharged by the Secretary; (b) Producers’ cooperative associa made available to the market admin (2) Prom time to time account for all tions. In the case of producers for whom istrator or his representatives; receipts and disbursements and deliver a cooperative association which the (c) Notwithstanding the provisions of all funds or property on hand, together Secretary determines to be qualified un paragraphs (a) and (b) of this section, with the books and records of the mar der the provisions of the Act of Congress a handler’s obligation under this part ket administrator, or such person, to such °* *!ebruary 1922, as amended, known to pay money shall not be terminated person as the Secretary shall direct; and as the “Capper-Volstead Act”, is actually with respect to any transaction involving (3) If so directed by the Secretary, ex performing, as determined by the Secre fraud or willful concealment of a fact, ecute such assignments or other instru tary, the services set forth in paragraph material to the obligation, by the handler ments necessary or appropriate to vest VT I,0/ this section, no such deduction against whom the obligation is sought to in such person full title to all funds, shall be made. > be imposed; and property, and claims vested in the market (d) Any obligation of the market § 1061.92 Adjustment of overdue ac administrator or such person pursuant counts. administrator to pay a handler any thereto. money which such handler claims to be Any balance of payment due from a due him under the terms of this part § 1061.103 Liquidation after suspension or termination. , ^ ndie^? ursuant to §§ 1061.80 (a) and shall terminate 2 years after the end of tin« * 61-83’ and 1061.85, and this sec- the month during which the milk in-' Upon the suspension or termination of Z®1* f No. 119-----5 FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9034 PROPOSED RULE MAKING funds which are unpaid at the time of meaning and under the authority of sec found to be an industry of a seasonal such suspension or termination. Any tion 7(d) of the same Act and Amend nature within the meaning, and under funds collected pursuant to the provi ments. This proposal is made under the the authority, of section 7(c) of the Fair sions of this part, over and above the further authority of Reorganization Plan Labor Standards Act of 1938 (29 U.S.C. amounts necessary to meet outstanding No. 6 of 1950 (3 CFR 1949-53 Comp. p. 207(c)) as amended by the Fair Labor obligations and the expenses necessarily 1004) and Secretary’s Order No. 19-67 Standards Amendments of 1966 (Public incurred by the market administrator or (32F.R. 12980). Law 89-601). It is further proposed that such person in liquidating and distribut For the purposes of this proposal, the this industry be found to be engaged in ing such funds, shall be distributed to hop drying industry is defined as the re the handling, packing, storing, preparing, the contributing handlers and producers ceiving, picking, and drying of hops and first processing or canning of perishable in an equitable manner. any operations necessary or incidental agricultural or horticultural commodities to the foregoing including the curing, in their raw or natural state within the Copies of this notice may be procured compressing, and baling of hops when meaning and under the authority of sec from the Hearing Clerk, Room 112, Ad tion 7(d) of the same Act and Amend ministration Building, U.S. Department performed at the hop drying establish ment during the hop drying period. ments. This proposal is made under the of Agriculture, Washington, D.Ç. 20250, Adoption of this proposal would result further authority of Reorganization Plan or may be there inspected. in listing the industry in § 526.12 of 29 No. 6 of 1950 (3 CFR 1949-53 Comp. p. Signed at Washington, D.C., on June CFR Part 526 and would provide the ex 1004) and Secretary’s Order No. 19-67 14,1968. emptions described in detail in that sec (32 F.R. 12980). Jo h n C. B l u m , tion. Definitions of terms used in this For the purposes of this proposal, the Deputy Administrator, proposal and the procedure for consider mint oil distilling industry is defined as Regulatory Programs. ing it are also provided in Part 526 (as the distilling of mint oil from mint hay, [F.R. Doc. 68-7241; Filed, June 18, 1968; revised Apr. 11, 1967, 32 F.R. 5775). including any operations necessary or 8:49 a.m.] Any person interested in this proposal incidental thereto. may present written data, views, or argu Adoption of this proposal would result ment to the Administrator of the Wage in listing the industry in § 526.12 of 29 and Hour and Public Contracts Divisions, CFR Part 526 and would provide the ex DEPARTMENT OF LABOR U.S. Department of Labor, 14th Street emptions described in detail in that sec Wage and Hour Division and Constitution Avenue NW., Washing tion. Definitions of terms used in this ton, D.C. 20210, within 30 days after it proposal and the procedure for consider [ 29 CFR Part 526 1 appears in the-F ederal R egister. ing it are also provided in Part 526 (as INDUSTRIES OF A SEASONAL Signed at Washington, D.C. this 13th revised Apr. 11, 1967, 32 F.R. 5775). NATURE day of June 1968. Any person interested in this proposal may present written data, views, or argu 'B en P. R obertson, Hop Drying Industry Acting Administrator, Wage and ment to the Administrator of the Wage It is proposed that the hop drying in and Hour and Public Contracts Divisions, Hour and Public Contracts U.S. Department of Labor, 14th Street dustry, as defined below, be found to be Divisions. and Constitution Avenue NW., Washing an industry of a seasonal nature within [F.R. Doc. 68-7200; Filed, June 18, 1968; ton, D.C. 20210, within 30 days after it the meaning, and under the authority, of 8:45 a.m.] section 7 (c) of the Pair Labor Standards appears in the F ederal R egister. Act of 1938 (29 U.S.C. 207(c)) as Signed at Washington, D.C., this 13th amended by the Pair Labor Standards [ 29 CFR Part 526 1 day of June 1968. Amendments of 1966 (Public Law 89- 601). It is further proposed that this in INDUSTRIES OF A SEASONAL B en P. R obertson, dustry be found to be engaged in the NATURE Acting Administrator, Wage and Hour and Public Contracts handling, packing, storing, preparing, Mint Oil Distilling Industry first processing or canning of perishable Divisions. agricultural or horticultural commodities It is proposed that the mint oil dis [F.R. Doc. 68-7201; Filed, June 18, 1968; in their raw or natural state within the tilling industry, as defined below, be 8:46 ajn.] FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19. 1968 9035 Notides B. Also that area bounded on the south LITTLE MOUNTAIN PICNIC SITE by the Naval Oil Shale Reserve No. 2, on the T. 3 S., R. 20 E., DEPARTMENT OF THE INTERIOR west and north by the Green River and on Sec. 17, SE % N W % . the east by the Unitah and Ouray Indian Bureau of Land Management 40 acres. [Serial No. U-53381 Reservation. The area is depicted on official records and maps in the Bureau of Land BRUSH CREEK OVERLOOK UTAH Management state office, Federal Building, T. 3 S., R. 22 E., 125 South State Street, Salt Lake City, Utah, Sec. 4, N W % S W % . Notice of Proposed Classification of and the Vernal district office, Vernal, Utah. 40 acres. Public Lands for Multiple-Use Man The public lands here proposed for FLOWING WELL OVERLOOK agement classification aggregate approximately T. 3 S., R. 21 E„ 1. Pursuant to the Act of September 1,252,224 acres. Sec. 28, 8Wy4NWy4 . 19,1964 (78 Stat. 986; 43 U.S.C. 1411-18), 3. The following public lands, of those 40 acres. FLOWING WELL CAMPGROUND and to the regulations in Title 43 CFR, here proposed for classification, are fur Parts 2410 and 2411, it is proposed to ther segregated as indicated: T. a s ., R .21 E., classify for multiple-use management Sec. 28, N W ^ S E ^ . the public lands within the area described A. The lands described below are segre 40 acres. gated from aU forms of appropriation, in helow. Publication of this notice has the MOONSHINE ARCH effect of segregating the described lands cluding the general mining laws but not the mineral leasing laws. Livestock grazing will T. 3 S., R. 21 E., from appropriation under the agricul Sec. 15, NW%SEy4. tural land laws (43 U.SjC., Parts 7 and be excluded. 40 acres. 9; 25 U.S.C. sec. 334), and from sales VERNAL WATERSHED POINT OF PINES RECREATION SITE. under section 2455 of the Revised Stat T. 3 S., RT 20 E„ T. 5 S., R. 25 E., utes as amended (43 UJB.C. 1171). The Sec. 1, all; lands shall remain open to all other ap sec. 21, Nwy4swy4; Sec. 12, N % N E % . Sec. 20, N1/2SE%, Ny2s%SE%, sw&swyi plicable forms of appropriation, in 721 acres. SE14, sy2swy4, sy2NE%swi4; cluding the mining and mineral leasing BOOK CLIFFS NATURAL AREA Sec. 29, NW>/4, w y.W y2NE%. laws, except as described below. As used 470 acres. herein, “public lands” means any lands T. 15 S., R. 25 E„ withdrawn or reserved by Executive Sec. 17, 3 W % ; BLUE MOUNTAIN INDIAN WRITINGS Sed. 18, E % S E % ; T. 4 S., R. 25 E„ Order No. 6910 of November 26, 1934 as Sec. 19, E % N E % ; amended, or within a grazing district Sec. 26, Ny2NW i4. Sec. 20, Ni/2NWi/4. 80 acres. established pursuant to the Act of June 400 acres. DOC’ S VALLEY OVERLOOK 28, 1934 (48 Stat. 1269) , as amended, B. The lands described below are segre which are not otherwise withdrawn or gated from all forms of appropriation, in T. 4 S., R. 25 E., reserved for a Federal use or purpose. cluding the general mining laws but not the Sec. 30, sy2SE%, SE%SW%; 2. The lands proposed to be classified mineral leasing laws: Sec. 31; Ny2NE%, NE%NW%. 240 acres. are those lands administered by the NATIONAL BARK SERVICE ROAD Bureau of Land Management within the SPLIT MOUNTAIN OVERLOOK following described areas in Uintah A strip of land 1,000 feet wide in T. 4 S., County, Utah: Rs. 24 and 25 E., and T. 5 S., Rs. 24 and 25 E. T. 4 S., R. 25 E., (this is along National Park Service proposed Sec. 20, s w % n w %. Salt Lake Meridian, Utah and existing road). Approximately 1,694 40 acres. acres. A. That area bounded on the east by the WILLOW CREEK OVERLOOK DRY PORK PICNIC SITE Utah-Colorado State line and the Dinosaur T. 11S., R. 21 E., National Monument; on the south by the T. 3 S., R. 20 E., Sec. 19, SE% SE % ; Uintah-Grand County line, on the west by Sec. 5, SW i4SW i4; sec. 2 0 , w y 2sw y 4 sw y4 ; the Uintah and Ouray Indian Reservation, on Sec. 6, Ei/2SE% ; Sec. 30, E% N E % N E % . north by the Ashley National Forest and Sec. 8, N W 14NW&. 80 acres. a line extending southeasterly from the 160 acres. northwest comer of lot 4, sec. 7, T. 2 S., R. 23 PINE SPRINGS CAMPGROUND E-, on said forest boundary, to the north quar SHINDY HOLLOW PICNIC SITE T. 14 S., R. 23 E., to- comer of sec. 11, T. 3 S., R. 25 E. (on the T. 3 S., R. 20 E., Sec. 30, SW 14 SE1 4 . boundary of the Dinosaur National Monu- Sec. 26, NE%N E%. 40 acres. ment); excepting therefrom the public 40 acres. ands in the following described tracts: P.R. SPRINGS CAMPGROUND ASHLEY CREEK RECREATION SITE T -4S., R. 21 E., T. 15 S., R. 23 E., Secs. 30 and 31. T. 3 S., R. 21 E„ Sec. 36, SE% SE % . Sec. 18, lots 1, 2, and 3. T. 4 S., R. 22 E., T. 15 S., R. 24 E„ rj, S%NW%, N%SW%, SE 14 SW&. 129 acres. Sec. $1, lot 4. 0 0 ., R. 21 E., DIAMOND MOUNTAIN PICNIC SITE T. 15% S., R. 24 E., f®®8- 4- 5> 9» 15, 22 through 26. Sec. 33, lot 4. T- 5 S., R. 22 E„ T. 2 S., R. 23 E., 113 acres. Secs. I9, 20 , 2 2 , 23, 25 through 27, 31, Sec. 33, S E % S £ % . and 32. 40 acres. C. All public land within the following T. 5 S., R. 23 E., described area will be excluded from livestock LITTLE MOUNTAIN OVERLOOK grazing: t .?S' r : 23 e ?8 (west oi Green Eiver>* 1* 3 S R 20 E BONANZA TOWNSITE Sec. 5 (west of Green River). Sec.”* 28, E% FEDERAL REGISTER, V O L 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9036 NOTICES comments, suggestions, or objections in Office of the Secretary change Act (formerly cited as the Grain connection with the proposed classifica Futures Act), as amended, designating tion may present their views in writing to IMPORTS INTO PUERTO RICO OF said board of trade as a contract market the District Manager, Bureau of Land CRUDE OIL AND UNFINISHED OILS for the commodities specified in such Management, Post Office Box F, Vernal, orders, shall constitute a single designa Utah 84078, or to the State Director, Maximum Level of Imports tion. Bureau of Land Management, Post Office Pursuant to paragraph (c) of section 2 Issued this 13th day of June 1968. Box 11505, Salt Lake City, Utah 84111. of Proclamation 3279, as amended, for 5. Maps depicting these lands are on the allocation period January 1, 1968, O rville L. F reeman, file and may be reviewed at the Bureau of through December 31, 1968, a maximum Secretary. Land Management district office at level of imports of crude oil and unfin [F.R. Doc. 68-7208; Filed, June 18, 1968; Vernal and the State Office, 125 South ished oils into Puerto Rico by holders of 8:46 a.m ] State Street, Salt Lake City, Utah. allocations made pursuant to paragraph 6. A public hearing on the proposed (c) of section 15 of Oil Import Regula classification will be held June 27, 1968, tion 1 (Revision 5) is established at CHICAGO MERCANTILE EXCHANGE at 8 p.m. in the courtroom of the Uintah 80,000 B/D. Order Designating as Contract Mar County Courthouse, Vernal, Utah. Pursuant to paragraph (c) of section 2 of Proclamation 3279, as amended, for ket for Live Hogs, Live Beef Cattle, R. D. Nielson, and Frozen Pork Bellies Under Com State Director. the allocation period April 1, 1968, through March 31, 1969, the maximum modity Exchange Act [F.R. Doc. 68-7245; Filed, June 18, 1968; level of imports of crude oil and unfin * 8:49 a.m.] Pursuant to the authorization and ished oils into Puerto Rico by holders of direction contained in the Commodity allocations made pursuant to paragraph Exchange Act, as amended (7 U.S.C. [Utah 5702; Utah 5733] (a) of section 15 which was established 1-17b), I hereby designate the Chicago April 1, 1968 (33 F.R. 5469) as 176,964 UTAH Mercantile Exchange, of Chicago, 111., as B/D is hereby reduced to 146,964 B/D. a contract market for live hogs, live beef Order Openings Lands to Application, Commensurate with this reduced level, cattle, and frozen pork bellies, effective the 142,488 B/D previously allocated to Entry, and Patenting June 18,1968. The said exchange has ap Commonwealth Oil Refining Co., Inc., is plied for and has otherwise complied June 12,1968. hereby reduced to 112,488 B/D. The allo with the requirements imposed by the 1. In exchanges of lands made under cation, previously made and published said act as a condition precedent to such the provisions of section 8 of the Act of (33 F.R. 5469) to Gulf Oil Corp. and to designation. June 28,1934 (48 Stat. 1269), as amended W. R. Grace & Co. remain at 33,711 B/D and 765 B/D, respectively. This designation is subject to suspen (43 U.S.C. 315g), the following described sion or revocation in accordance with the lands have been reconveyed to the S tewart L. Udall, provisions of the said act. For the pur United States: Secretary of the Interior. pose of any such suspension or revoca alt ake eridian tion, this designation and the orders is S L M J une 12,1968. T. 12 N., R. 9 W „ sued by the Secretary of Agriculture on [F.R. Doc. 68-7205; Filed, June 18, 1968; September 11, 1936, and August 22,1955, Sec. 17,Ni/2. 8:46 a.m.] T. 13 N., R. 10 W., designating the said exchange as a con Sec. 22, NE%, E&NWJ4, Ni/2SE%. tract market for the commodities spec T. 12 N„ R. 16 W., ified in such orders, shall constitute a Sec. 29, s y2; single designation. Sec. 32, all. DEPARTMENT OF AGRICULTURE Issued this 13th day of June 1968. The areas described aggregate 1,600 Office of the Secretary • O rville L. F reeman, acres. BOARD OF TRADE OF CITY OF 2. All the lands are located ill Box Secretary. Elder County. Thejands in secs. 17 and CHICAGO [F.R, Doc. 68-7209; Filed, June 18, 1968; 22 are located about 17 and 15 miles Order Designating as Contract Mar 8:46 a.m.] southwest of Snowville, Utah, respec ket for Choice Live Steers Under tively. The lands in secs. 29 and 32 are about 25 miles southwest of Park Valley. Commodity Exchange Act COMMODITY EXCHANGE, INC. They are semiarid in character and not Pursuant to the authorization and di Order Designating as Contract Mar suitable for agriculture. These lands have rection contained in the Commodity Ex ket for Cattle Hides Under Com value for' grazing and recreation, which change Act, as amended (7 U.S.C. can best be managed under principles of l-17b), I hereby designate the Board of modity Exchange Act multiple use. Trade of the City of Chicago, Chicago, Pursuant to the authorization and di 3. The United States did not acquire HI., as a contract market for choice live rection contained in the Commodity Ex any mineral rights with the lands. steers, effective June 18, 1968. The said change Act, as amended (7 U.S.C. l-17b), 4. Subject to valid existing rights, the board of trade has applied for and has I hereby designate the Commodity Ex provisions of existing withdrawals, and otherwise complied with the require change, Inc., of New York, N.Y., as a the requirements of applicable law, the ments imposed by the said act as a con contract market for cattle hides, effective lands will at 10 a.m. on July 15, 1968, be dition precedent to such designation. June 18, 1968. The said exchange has opened to application, petition and selec This designation is subject to suspen applied for and has otherwise complied tion. All valid applications received at sion or revocation in accordance with with the requirements imposed by the or prior to 10 a.m. on July 15, 1968, shall the provisions of the said act. For the be considered as simultaneously filed at purpose of any such suspension or revo said act as a condition precedent to such that time. Those received thereafter cation, this designation and the order is designation. shall be considered in the order of filing. sued by the Secretary of Agriculture on This designation is subject to suspen 5. Inquiries concerning the lands May 3, 1923, designating said board of sion or revocation in accordance with should be addressed to the Bureau of trade as a contract market under the the provisions of the said act. Land Management, Post Office Box 11505, provisions of the Grain Futures Act (42 Salt Lake City, Utah 84111. Stat. 998), together with the orders is Issued this 13th day of June 1968. R. D. Nielson, sued by the Secretary of Agriculture on O rville L. Freeman, State Director. September 14, 1936, November 26, 1940, Secretary [F.R. Doc. 68-7204; Filed, June 18, 1968; June 30,1950, and August 22,1951, under [FR . Doc. 68-7210; Filed, June 18, 1968; 8:46 a.m.] the provisions of the Commodity Ex 8:46 a.m.] FEDERAL REGISTER. VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9037 OHIO who shall report and be responsible to the Secretary of Commerce. DEPARTMENT OF HEALTH, EDU Designation of Areas for Emergency Sec. 3. Functions. The Director, Office Loans of Program Planning, shall be the prin CATION, AND WELFARE cipal adviser to the Secretary of Com For the purpose of making emergency- merce on program planning functions Food and Drug Administration loans pursuant to section 321 of the Con throughout the Department. The Office solidated Farmers Home Administration of Program Planning shall perform the OXYTOCIN SOLUTION FOR NASAL Act of 1961 (7 Ü.S.C. 1961), it has been following functions necessary to the con SPRAY determined that in the hereinafter- tinued development and implementation Drugs for Human Use; Drug Efficacy named counties in the State of Ohio, of program plan n in g in the Department, natural disasters have caused a need for including, but not limited to, the Plan- Study Implementation agricultural credit not readily available ning-Programing-Budgeting (PPB) Sys The. Food and Drug Administration from commercial banks, cooperative tem: has reviewed and evaluated a report lending agencies, or other responsible a. Develop and recommend long-range received from the National Academy of sources. goals and objectives for the Department Sciences—National Research Council, Ohio as a whole, to serve as the framework Drug Efficacy Study Group, on the fol Allen. Lucas. within which component plans and pro lowing drug: Syntocinon nasal spray Ashland. Madison. grams will be developed and carried out; (oxytocin solution equivalent to 40 Ashtabula. Marion. b. Develop and promulgate guidelines U.S.P. posterior pituitary units per Auglaize. Mercer. for effective planning and program anal Brown. Miami. milliliter), marketed by Sandoz, Inc., Butler. Montgomery. ysis within the Department; Hanover, N.J. 07936. Champaign. Marrow. c. Provide staff leadership in the design The Food and Drug Administration Clark. Ottawa. and conduct of PPB studies and analyses concurs in the conclusion of the Academy Clinton. Paulding. within the Department; that this drug has been shown to be Coshocton. Perry. d. Participate in the identification of effective only for the indication “initial Darke. Pickaway. major issues and problems to be covered milk letdown.” Dedance. Pike. by Program Memoranda and Special Delaware. Preble. A supplemental new-drug application Erie. Putnam. Analytical Studies; is invited to revise the labeling provided Fairfield. Richland. e. Develop procedures and instructions for in the new-drug application for this Fayette. Ross. necessary to implement assigned func drug to limit the claims and present the Franklin. Sandusky. tions, and serve as the point of coordina conditions of use substantially as Fulton. Seneca. tion and control on related planning and follows: Greene. Shelby. programing assignments; Hancock. Union. f . Review plans and programs in terms Action. Oxytocin acts specifically on the Hardin. Van Wert. of their effectiveness in achieving the myoepithelial elements surrounding the Henry. Warren. alveoli of the breast, causing them to contract Highland. Wayne. Department’s objectives; and thus force milk into the larger ducts Huron. Williams. g. Conduct studies to evaluate alter where it is more readily available to the Knox. Wood. native means of^achieving the Depart baby. Licking. Wyandot. ment’s objectives; Indication. Initial milk letdown. Logan. h. Review and evaluate the Depart Contraindications. Pregnancy; hypersen sitivity. Pursuant to the authority set forth ment’s PPB structure and recommend modifications to the Secretary as neces Dosage and administration. One spray into above, emergency loans win not be made one. or both nostrils 2 to 3 minutes before in the above-named counties after June sary to meet changing conditions; nursing or pumping of breasts. i. Participate in the review of legisla 30, 1969, except to applicants who pre Note: The squeeze bottle should be held viously received emergency or special tive and budgetary proposals affecting in upright position when administering ■livestock loan assistance and who can the Department’s plans and programs; drug to the nose and patient should be in j. Participate with other Departmental a sitting position rather than lying down. qualify under established policies and If preferred the solution can be instilled in procedures. staff offices in the development of man agement information and reporting sys drop form by inverting the squeeze bottle Done at Washington, D.C., this 13th tems necessary to provide managers with and exerting very gentle pressure on its walls. day of June 1968. data on the status and effectiveness of The holder of the new-drug appli plans and programs; and O rville L. F reeman, cation for the subject drug has been Secretary. k. Participate in the development of a mailed a copy of the NAS-NRC report Department-wide training program to together with a copy of the labeling [FJL Doc. 68-7211; Filed, June 18, 1968; improve the professional skills of em conditions in this announcement. Any 8:46 a.m.] ployees assigned PPBS functions and manufacturer, packer, or distributor of responsibilities. a drug of similar composition and label Sec. 4. Relationships. Hie activities of ing to the drug listed in this announce the Office shall be carried out in close ment or any other interested person may DEPARTMENT OF COMMERCE coordination with related activities of obtain a copy of the NAS-NRC report by Office of the Secretary the Program Secretarial Officers, the writing to the Food and Drug Adminis General Counsel, and the Assistant Sec [Dept. Order 18] tration, Press Relations Office, 200 C retary for Administration, and shall Street SW., Washington, D.C. 20204. OFFICE OF PROGRAM PLANNING utilize the various capabilities of their Written comments regarding this staffs whenever possible. announcement may be addressed to the Organization and Functions The Office shall act as the Depart Special Assistant for Drug Efficacy The following order was issued by the ment’s liaison with the Bureau of the Study Implementation, Bureau of Medi Secretary of Commerce on June 7, 1968. Budget and other agencies on program cine, Food and Drug Administration, 200 S ection 1. Purpose. The purpose of this planning matters. C Street SW., Washington, D.C, 20204. er ^ est&blish the Office of Program Effective date; June 7, 1968. This statement is issued pursuant to Planning and to prescribe its functions. the authority vested in the Secretary of S ec. 2. General. The Office of Program D avid R. Baldwin, Health, Education, and Welfare by the ^lai™mg is hereby established as a De- Assistant Secretary Federal Food, Drug, and Cosmetic Act * ™nental staff office within the Office for Administration. (secs. 502, 505, 701(a), 52 Stat. 1050-53, d>t . Secretary. The Office of Program [F.R. Doc. 68-7190; Filed, June 18, 1968; a8 amended, 1055; 21 U.S.C. 352, 355, anrung shall be headed by a Director 8:45 a.m.] 371(a)) and delegated to the Commis- FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9038 NOTICES sioner of Pood and Drugs (21 CFR Upon completion of the installation of cordance with the regulations contained in Title 10, Chapter 1, CFR; 2.120). the f acility in compliance with the terms and conditions of the construction per E. Texas A&M University and its contrac Dated: June 7, 1968. tor, the Gulf General Atomic Inc., are tech- mit, and in the absence of good cause nicaUy qualified to design and construct J. K. K irk, to the contrary, the Commission will issue the reactor; Associate Commissioner to the University without further prior F. Texas A&M University has submitted for Compliance. notice an amended facility license, sub sufficient technical information concerning [F.R. Doc. 68-7218; Filed, June 18, 1968; stantially as set forth below, authorizing the proposed facility to provide reasonable 8:47 a.m.] operation of the reactor at steady-state assurance that the proposed facility can power levels up to 1 megawatt. be constructed and operated at the proposed location without endangering the health and Within fifteen (15) days from the date safety of the public; of publication of this notice in the G. The issuance of a construction permit ATOMIC ENERGY COMMISSION F ederal R egister, the applicant may file to Texas A&M University will not be lnimlrai [Docket No. 50-320] a request for a hearing, and any person to the common defense and security or to the whose interest may be affected by the health and safety of the public. JERSEY CENTRAL POWER & LIGHT issuance of this construction permit and 3. Pursuant to the Act and Title 10, CFR amended facility license may file a peti Part 50 “Licensing of Production and Utiliza CO. tion Facilities”, the Commission hereby is tion for leave to intervene. A request for sues a construction permit to Texas A&M Notice of Receipt of Application for a hearing and petitions to intervene shall University to construct the reactor in accord Construction Permit and Facility be filed in accordance with the provisions ance with the application. This permit shall License of the Commission’s “Rules of Practice”, be deemed to contain and be subject to the 10 CFR Part 2. If a request for a hearing conditions specified in sections 50.54 and Jersey Central Power & Light Co., or a petition for leave to intervene is 50.55 of said regulations; is subject to all Madison Avenue at Punch Bowl Road, filed within the time prescribed in this applicable provisions of the Act and rules, Morristown, N.J., pursuant to section regulations and orders of the Commission notice, a notice of hearing or an appro now or hereafter in effect, and is subject to 104(b) of the Atomic Energy Act of 1954, priate order will be issued. as amended, has filed an application and the additional conditions specified below: amendment, dated April 22, 1968, and For further details with respect to A. The earliest completion date of the May 22,1968, respectively, for authoriza these proposed issuances, see (1) the ap facility is July 15, 1968. The latest comple plication dated October 9, 1967, and tion date of the facility is December 31, 1968. tion to construct and operate a pressur Tlie term “completion date”, as used herein, ized water nuclear reactor on the appli amendments thereto, and (2) the related Safety Evaluation prepared by the Divi means the date on which construction of cant’s approximately 800-acre Oyster sion of Reactor Licensing, all of which are the facility is completed except for the Creek site located in Lacey Township, introduction of the fuel material. available for public inspection at the Ocean County, N.J., approximately 2 B. The reactor shall be constructed in the miles south of the community of Forked Commission’s Public Document Room, reactor facility located on the Nuclear Sci River. 1717 H Street NW., Washington, D.C: A ence Center near College Station, Tex. copy of item (2) above may be obtained The proposed reactor, designated by C. The applicant is authorized in the con at the Commission’s Document Room, or struction of the reactor to insert into the the applicant as the Oyster Creek upon request addressed to thè Atomic reactor for alignment and testing purposes Nuclear Generating Station Unit No. 2, Energy Commission, Washington, D.C. one instrumented fuel element and five fuel will be located adjacent to the existing 20545, Attention: Director, Division of bearing control elements (subject to issuance Oyster Creek Nuclear Generating Sta Reactor Licensing. of an appropriate Part 70 license for the pos tion Unit No. 1. Unit No. 2 is designed for session of the fuel). initial operation at approximately 2,452 Dated at Bethesda, Md., this 14th day 4. Upgn completion of the construction thermal megawatts with a net electrical of June 1968. of the reactor in accordance with the terms output of approximately 810 megawatts. and conditions of this permit, upon finding For the Atomic Energy Commission. that the facility authorized has been con A copy of the application is available structed and will operate in conformity D e n n is L. Z ie m a n n , for public inspection at the Commission’s with the application and the provisions of Public Document Room, 1717 H Street Acting Assistant Director for the Act and of the rules and regulations of N.W., Washington, D.C. Reactor Operations, Division the Commission, and in the absence of any of Reactor Licensing. good cause being shown to the Commission Dated at Bethesda, Md., this 11th day Proposed Construction Permit why the granting of a license would not be of June 1968. in accordance with, the provisions of the 1. By application dated October 9, 1967, Act, the Commission will issue an amended For the Atomic Energy Commission. and amendments thereto dated Decem Class 104 license to Texas A&M University ber 15, 1967, and April 13, 1968 (hereinafter S. L evin e, pursuant to section 104 of the Act, which “the application”), Texas A&M University shall expire at midnight, August 4, 1979. Acting Director, requested authority to install a modified Division of Reactor Licensing. TRIGA type nuclear reactor core and to mod Dated: [F.R. Doc. 68-7189; Filed, June 18, 1968; ify the control system in the Nuclear Science For the Atomic Energy Commission. 8:45 a.m.] Center Reactor located on the University’s Nuclear Science Center near College Station, Donald J. Skovholt, Tex. The modified reactor (hereinafter “the Assistant Director for Reactor Op [Docket No. 50-128] reactor” ) will replace the reactor previously erations, Division of Reactor Li operated under Facility License No. R-83, as censing. TEXAS A&M UNIVERSITY amended. [License No. R—83; Amendment No. 3] 2. The Atomic Energy Commission (“the Notice of Proposed Issuance of Con Commission”) has found that: Proposed Amendment to License struction Permit and Amended Fa A. The application complies with the re The Atomic Energy Commission (herein cility License quirements of the Atomic Energy Act of 1954, after referred to as “the Commission ) as amended (“the Act”), and the Commis having found that: The Atomic Energy Commission is çon- sion’s regulations set forth in Title 10, a. The application for license, as amended, sidering the issuance to Texas A&M Uni Chapter 1, CFR; complies with the requirements of the Atomic versity of a construction permit, sub B. The reactor will be a utilization facility Energy Act of 1954, as amended (hereinafter stantially as set forth below, which would* as defined in the Commission’s regulations referred to as “the Act” ), and the Commis authorize the installation of a modified contained in Title 10, Chapter 1, CFR Part 50, sion’s regulations set forth in Title 10, TRIGA type nuclear reactor core as a re “Licensing of Production and Utilization Chapter 1, CFR; placement for the present core and Facilities” ; b. The reactor has been constructed in authorize modifications to the present C. The reactor will be used in the conduct conformity with Construction Permit No. of research and development activities of the OPRRr-______and will operate in conformity control system in the existing reactor types specified in section 31 of the Act; with the application and in conformity with located on the University’s Nuclear Sci D. Texas A&M University is financially the Act and the rules and regulations of the ence Center near College Station, Tex. qualified to construct the reactor in ac Commission; FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9039 c. There is reasonable assurance that the tions. No changes shall be made in the Tech 4. This license shall. expire at midnight, reactor can be operated at the designated nical Specifications unless authorized by the August 4, 1979. location without endangering the health and Commission as provided in section 50.59 of 10 For the Atomic Energy Commission. safety of the public;, CFR Part 50. d. Texas A&M University is technically and C. Records. In addition to those otherwise Attachment: Appendix “A” 1 financially qualified to engage in the pro required under this license and applicable Date of issuance: posed activities in accordance with the Com regulations, the licensee shall keep the fol mission’s regulations, and to assume financial lowing records: Petes A. Morris, responsibility for Commission charges for (1) Reactor operating records, including Director, special nuclear material; power levels and periods of operation at each Division of Reactor Licensing. e. The possession and operation of the power level. [F.R. Doc. 68-7292; Filed, June 18, 1968; reactor, and the receipt, possession and use (2) Records showing radioactivity released 8:49 a.m.] of the special nuclear material, in the man or discharged into the air or water beyond ner, proposed in the application, will not be the effective control of the licensee as meas inimical to the common defense and security ured at or prior to the point of such release or to the health and safety of the public; or discharge. f. Texas A&M University is a nonprofit edu (3) Records of emergency shutdowns and CIVIL AERONAUTICS BOARD cational Institution and will use the reactor inadvertent scrams, including reasons for [Docket No. 19855] for the conduct of educational activities.* The emergency shutdown. University is therefore exempt from the fi (4) Records of maintenance operations in ACQUISITION OF LOS ANGELES AIR nancial protection .requirement of subsection volving substitution or replacement of re 170a of the Act. actor equipment components. WAYS, INC., BY WESTGATE-CALI- License No. R-83, as amended, is amended (5) Records of experiments installed In FORNIA CORP. in its entirety, effective as of the date of cluding description, reactivity worths, loca Issuance of this amendment, to read as tions, exposure time, total irradiation and Notice of Postponement of Hearing follows: any unusual events involved in their per 1. This license applies to Texas A&M Uni formance and in tjieir handling. Notice is hereby given, pursuant to versity Nuclear Science Center Reactor with (6) Records of tests and measurements the provisions of the Federal Aviation the installed TRIGA nuclear core and control performed pursuant to the Technical Act of 1958, as amended, that the public system (hereinafter, “the reactor” ), owned Specifications. hearing in the above-entitled matter now by Texas A&M University, and located on the D. Reports. In addition to reports other assigned to be held on June 20, 1968, is Nuclear Science Center near College Station, wise required under the license and applica hereby postponed to July 16, 1968, at Tex., and described. In the licensee’s applica-r ble regulations: tlon for license dated October 9, 1967, and (1) The licensee shall inform the Com 10 a.m., e.d.t., in Room 726, Universal subsequent amendments thereto (herein re mission of any incident or condition relating Building, 1825 Connecticut Avenue NW., ferred to as “the application” ) . to the operation of the reactor which pre Washington, D.C., before the under 2. Subject to the conditions and require vented or could have prevented a nuclear signed examiner. ments incorporated herein, the Commission system from performing its safety function hereby licenses Texas A&M University (here as described in the Technical Specifications. Dated at Washington, D.C.f~June 13, inafter “the licensee” ) : For each such occurrence, the licensee shall 1968. A. Pursuant to section 104c of the Act and promptly notify by telephone or telegraph, [ seal] E dward T . S todola, Title 10, CFR, Chapter 1, Part 50, “Licensing the Director of the appropriate Atomic of Production and Utilization Facilities” to Energy Commission Regional Compliance Hearing Examiner. possess, use, and operate the reactor in ac Oflice listed in Appendix D of 10 CFR 20 and [F.R. Doc. 68-7221; Filed, June 18, 1968; cordance with the procedures arid limitations shall submit within ten (10) days a report in 8:47 a.m.] described in the application and in this writing to the Director, Division of Reactor license; Licensing (hereinafter, Director, DRL) with [Docket No. 19934] B. Pursuant to the Act and Title 10, CFR, a copy to the Regional Compliance Office. Chapter I, Part 70, “Special Nuclear Material” (2) As promptly as practicable, but no CHINA AIRLINES, LTD. to receive, possess, and use up to 4.5 kilograms later than sixty (60) days after the initial of contained uranium-235 in connection with criticality of the reactor, the licensee shall Notice of Prehearing Conference operation of the reactor, and to possess and submit a written report to the Commission 6t°re 6.1 kilograms of contained uranium-234 describing the measured values of the operat Notice is hereby given that a prehear in MTR type fuel elements; and ing conditions or characteristics listed below ing conference in the above-entitled mat C. Pursuant to the Act and Title 10, CFR,- and evaluating any significant variation of a ter is assigned to be held on June 27,1968, Chapter I, Part 30, “Rules of General Ap measured value from the corresponding at 10 a.m., e.d.s.t., in Room 911, Universal plicability to Licensing of Byproduct Ma predicted value: Building, 1825 Connecticut Avenue NW., terial”, to receive, possess and use in connec (a) Maximum excess reactivity of the re Washington, D.C., before "Examiner tion with operation of the reactor a 20-curie actor; not including the worth of control rods Robert M. Johnson. encapsulated polonium-beryllium neutron or other control devices such as burnable source and a 3-curie encapsulated americium- poison strips or soluble ‘ poison, or any ex Dated at Washington, D.C., June 13, beryllium neutron source, and to possess but periments; 1968. not to separate .such byproduct material as (b) Total control rod reactivity worth; may be produced by operation of the reactor. (c) Minimum shutdown margin both at [ seal] T h om as L. W r enn, license shall be deemed to contain room and operating temperatures; Chief Examiner. and be subject to the conditions specified in (d) Maximum worth of the single control [F.R. Doc. 68-7222; Filed, June 18, 1968; Part 20, section 30.34 of Part 30, sections 50.54 rod of highest reactivity value; and 8:47 ami.] and 50.59 of Part 50, and section 70.32 of Part (e) Maximum total and individual reac , and is subject to all applicable provisions tivity worth of any fixed or movable experi rvf and rules> regulations and orders ments inserted in the reactor. [Docket No. 19921; Order No. E-26910] ? Commission now or hereafter in effect; (3) The licensee shall report to the Di FLORIDA AIR TAXI, INC. subject to the additional conditions rector, DRL in writing within thirty (30) specified or incorporated below: days of its occurrence any substantial vari Order To Show Cause Regarding Es A' Mdatimum Power Level. The licensee may ance disclosed by operation of the reactor i ° j ™ the reactor at steady-state power from performance specifications contained tablishment of Service Mail Rates (thermal) & maximum of 1000 kilowatts in the Safety Analysis Report or the Tech Issued under delegated authority June nical Specifications. 12, 1968. Technical Specifications. The Technical (4) The licensee shall report to the Di contained In Appendix “A” rector, DRL in writing within thirty (30) 1 This item was not filed with the oflice of «•eto are hereby incorporated in this license. days of its occurrence any significant change the Federal Register but is available for in °Perate the reactor in ac- in transient or accident analysis, as described spection in the Public Document Room of the ce with ^ these Technical Specifica in the Safety Analysis Report. Atomic Energy Commission. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19r 1958 9040 NOTICES The Postmaster General filed a notice all other interested persons are directed perform. In addition, the Postmaster of intent May 29, 1968 pursuant to 14 to show cause why the Board should not General believes these services will meet CFR, Part 298, petitioning the Board to adopt the foregoing proposed findings postal needs in the market. He states establish for the above captioned air taxi and conclusions and fix, determine, and the air taxi plans to initiate mail service operator, final service mail rates at the publish, for the transportation of mail by with Piper Aztec C aircraft equipped for level of the current multielement rates aircraft, the facilities used and useful all weather operation. for airmail and first-class mail set forth therefor, and the services connected Since no mail rate is presently in effect in Order E-25610, as amended, and Order therewith as specified above, the final for this carrier in this market, it is in E-17255,1 as amended, for the transporta rates specified above, as the fair and rea the public interest to fix and determine tion of mail by air between Gainesville sonable rates of compensationto be paid the fair and reasonable rate of compen and Jacksonville, Fla. to Florida Air Taxi, Inc.; sation to be paid to it by the Postmaster No protest or objection has been filed 2. Further procedures herein shall be General for the transportation of mail against the services proposed in the in accordance with 14 CFR Part 302, and by aircraft, the facilities used and useful notice of intent, and the time for filing if there is any objection to the rates or to therefor, and the services connected such objections has now expired. The the other findings and conclusions pro therewith, between the aforesaid points. Postmaster General states that the pro posed herein, notice thereof shall be filed Upon consideration of the notice of in posed rates are acceptable to the Depart within 10 days, and if notice is filed, writ tent and other matters officially noticed, ment and the carrier, and represent fair ten answer and supporting documents it is proposed to issue an order1 to include and reasonable rates -of compensation shall be filed within 30 days after service the following findings and conclusions: for the services which the carrier will of this order; 1. The fair and reasonable final service perforjn. In addition, the Postmaster 3. If notice of objection is not filed mail rate to be paid to Florida Air Taxi, General believes these services will meet within 10 days after service of this order, Inc., pursuant to section 406 of the Act postal needs in the market. He states that or if notice is filed and if answer is not for the transportation of mail by air the air taxi plans to initiate mail service filed within 30 days after service of this craft, the facilities used and useful with Beechcraft Model 18 aircraft. order, all persons shall be deemed to therefor, and the services connected Since no mail rates are presently in have waived the right to a hearing and therewith, between Panama City,. Talla effect for this carrier in this market, it is all other procedural steps short of a final hassee', and Orlando, Fla., and between in the public interest to fix and determine decision by the Board, and the Board Pensacola, Tallahassee, and Jacksonville, the fair and reasonable rates of compen may enter an order incorporating the Fla., shall be 23.74 cents per great circle sation to be paid to it by the Postmaster findings and conclusions proposed herein mile. General for the transportation of maiLby and fix and determine the final rates 2. The final service mail rate here aircraft, the facilities used and useful specified hereifi; fixed and determined is to be paid in its therefor, and the services connected 4. If answer is filed presenting issues entirety by the Postmaster General. therewith, between the aforesaid points. for hearing, the issues involved in deter Accordingly, pursuant to the Federal Upon consideration of the notice-of in mining thè fair and reasonable final Aviation Act of 1958, and particularly tent and other matters officially noticed,- rates shall be limited to those specifically sections 204(a) and 406 thereof, and reg it is proposed to issue an order2 to in raised by the answer, except insofar as ulations promulgated in 14 CFR Part clude the following findings and con other issues are raised in accordance 302, 14 CFR Part 298, and 14 CFR clusions: x with Rule 307 of the rules of practice ( 14 385.14(f), CFR 302.307); and 1. The fair and reasonable final service It is ordered, That: mail rates to be paid to Florida Air Taxi, 5. This order shall be served upon Inc., pursuant to section 406 of the Act Florida Air Taxi, Inc., Eastern Air Lines, 1. Florida Air Taxi, Inc., Eastern Air for the transportation of mail by air Inc., and the Postmaster General. Lines, Inc., National Airlines, Inc., the Postmaster General, and all other inter craft, the facilities used and useful there This order will be published in the for, and the services connected there ested persons are directed to show cause with, between Gainesville and Jackson F ederal R egister. why the Board should not adopt the fore going proposed findings and conclusions ville, Fla., shall be the levels of the cur [ seal] H arold R . S anderson, rent multielement rates for airmail and Secretary. and fix, determine, and publish, for the first-class mail as set forth in Order E- transportation of mail by aircraft, the [F.R. Doc.' 68-7223; Filed. June 18, 1968; facilities used, and useful therefor, and 25610, as amended, and E-17255, as 8:47 a.m.] amended. the services connected therewith as spec 2. The final service mail rates here ified above, the final rate specified above, fixed and determined are to be paid in [Docket No. 19920; Order No. E-26907] as the fair and reasonable rate of com their entirety by the Postmaster General. pensation to be paid to Florida Air Taxi, FLORIDA AIR TAXI, INC. Inc. Accordingly, pursuant to the Federal Aviation Act of 1958, and particularly Order To Show Cause Regarding Es 2. Further procedures herein shall be tablishment of Service Mail Rate in accordance with 14 CFR Part 302, and sections 204(a) and 406 thereof, and if there is any objection to the rate or to regulations promulgated in 14 CFR Part Issued under delegated authority the other findings and conclusions pro 302, 14 CFR Part 298, and 14 CFR June 12,1968. posed herein, notice thereof shall be filed 385.14(f), The Postmaster General filed a notice within 10 days, and if notice is filed, writ It is ordered, That: of intent May 29, 1968, pursuant to 14 ten answer and supporting documents 1. Florida Air Taxi, Inc., Eastern AirCFR Part 298, petitioning the Board to shall be filed within 30 days after service Lines, Inc., the Postmaster General, and establish for the above-captioned air taxi of this order; . operator, a final service mail rate of 23.74 3. If notice of objection is not med 1 Although the rates for nonpriority mail cents per great circle mile for the trans within 10 days after service of this order, established by this order are now open, the portation of mail by aircraft between or if notice is filed and if answer is not Postmaster General has requested that the Panama City, Tallahassee, and Orlando, filed within 30 days after service of this rates established therein be fixed as final Fla., and between Pensacola, Tallahas rates for Florida Air Taxi. As this order to show cause does con- 3 As this order to show cause does not con see, and Jacksonville, Fla. i not stitute a final action and merely affords in No protest or objection has been filed ititute a final action and merely^ nterested persons an opportunity to'he_he terested persons an opportunity to be heard against the services proposed in the on the matters herein proposed, it is not notice of intent, and the time for filing >n the matters herein proposed, it “ regarded as subject to the review provisions ■egarded as subject to the review Prov , . ng such objections has now expired. The )f Part 385 (14 CFR Part 385). The p ro visid of Part 385 (14 CFR Part 385). The provisions Postmaster General states that the pro >f that part dealing with petitions for of that part dealing with petitions for Board review will be applicable to any final action posed rate is acceptable to the Depart •eview will be applicable to aI^y , mnt- which may be taken by the staff in this ment and the carrier, and represents a vhich may be taken by the staff in t a ,iori ser under authority delegated in matter under authority delegated in section fair and reasonable rate of compensation 385.14(g). for the services which the carrier will 185.14(g). FEDERAL REGISTER, VOL, 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9041 order, all persons shall be deemed to have Trans World Airlines, Inc., has filed a establish for the above-captioned air taxi waived the right to a hearing and all motion to consolidate its application in operator, a final service mail rate of 29.1 other procedural steps short of a final Docket 19821 which seeks nonstop au cents per great circle mile for the trans decision by the Board, and the Board thority between Boston and Detroit via portation of mail by aircraft between may enter an order incorporating the Hartford. Answers in opposition to con Emporia, Topeka, and Wichita, Kans. findings and conclusions proposed herein solidation have been filed by American No protest or objection has been filed and fix and determine the final rate and Mohawk and TWA filed a reply to against the services proposed in the no specified herein; « both answers. tice of intent, and the time for filing such 4. If answer is filed presenting issues Upon consideration of the pleadings objections has now expired. The Post for hearing, the issues involved in deter and all the relevant facts, the Board has master General states that the proposed mining the fair and reasonable final rate determined that there is a sufficient basis rate is acceptable to the Department and shall be limited to those specifically for setting for hearing Mohawk’s appli the carrier, and represents a fair and raised by the answer, except insofar as cation in Docket 19691. We shall con reasonable rate of compensation for the other issues are raised in accordance with solidate TWA’s application in Docket services which the carrier will perform. Rule 307 of the rules of practice (14 CFR 19821 only to the extent it seeks authority In addition, the Postmaster General be 302.307); and to operate Boston-Detroit one-stop serv lieves these services will meet postal 5. This order shall be served upon Flor ice via Hartford. Section 302.1309 pro needs in the market. He states the air ida Air Taxi, Inc., Eastern Air Lines, vides that motions to consolidate which taxi plans to initiate mail service with Inc., National Airlines, Inc., and the request authority different from that re Piper Aztec, Model—PA 23, twin • en Postmaster General. quested in the original application shall gine aircraft equipped for all weather be denied except when consolidation is operation. This order will be published in the required as a matter of law. There has Since no mail rate is presently in effect Federal R egister. been no showing that the grant of one- for this carrier in this market, it is in the [seal] H arold R. S anderson, stop authority in this case to Mohawk public interest to fix and determine the Secretary. would be sufficiently competitive with fair and reasonable rate of compensation nonstop service to preclude, as a matter to be paid to it by the Postmaster Gen [F.R. Doc. 68-7224; Filed, June, 18, 1968; 8:47 a.m.] of economic fact, the subsequent award eral for the transportation of mail by of nonstop authority. Accordingly, we aircraft, the facilities used and useful shall deny TWA’s motion to consolidate therefor, - and the services connected [Docket Nos. 19691,19821; Order No. E-26922] its application in Docket 19821, insofar therewith, between the aforesaid points. as that application seeks Boston-Detroit Upon consideration of the notice of in MOHAWK AIRLINES, INC., AND nonstop authority which is different from tent and other matters officially noticed, TRANS WORLD AIRLINES, INC. the authority sought by Mohawk and is it is proposed to issue an order1 to include Certificate of Public Convenience and not required to be consolidated as a the following findings and conclusions: matter of law. 1. The fair and reasonable final serv Necessity Accordingly, it is ordered, That: ice mail rate to be paid to Sedalia, Mar Adopted by the Civil Aeronautics 1. The application of Mohawk Airlines, shall, Boonville Stage Lines, Inc., pursu Board at its office in Washington, D.C., Inc., Docket 19691, be and it hereby is ant to section 406 of the Act for the on the 14th day of June 1968. set down for hearing before an examiner transportation of mail by aircraft, the Application of Mohawk Airlines, Inc., of the Board at a time and place here facilities used and useful therefor, and Docket 19691; for amendment of its after designated; the services connected therewith, be certificate of public convenience and 2. The application of Trans World Air tween Emporia, Topeka, and Wichita, necessity; application of Trans World lines, Inc., Docket 19821, be and it hereby Kans., shall be 29.1 cents per great circle Airlines, Inc., Docket 19821; under sec is consolidated to the extent that it re mile. tion 401 of the Federal Aviation Act of quests authority between Boston and De 2. The final service mail rate here fixed 1958, for amendment of its certificate of troit via Hartford; and and determined is to be paid in its en public convenience and necessity for 3. The motion to consolidate the ap tirety by the Postmaster General. Route No. 2. plication of Trans World Airlines, Inc., Accordingly, pursuant to the Federal By Order E-26535, March 18, 1968, the Docket 19821, except insofar as it re Aviation Act of 1958, and particularly Board dismissed the application of quests authority to operate Boston-De sections 204(a) and 406 thereof, and Mohawk Airlines, Inc., Docket 19691, troit one-stop service via Hartford, be regulations promulgated in 14 CFR Part except insofar as that application re and it hereby is denied and except to the 302, 14 CFR Part 298, and 14 CFR 385.14 quests authority to operate nonstop extent consolidated herein, the applica (f). service between Hartford and Detroit tion of Trans World Airlines, Inc., Docket It is ordered, That: and between Boston and Rochester and 19821, be and it hereby is dismissed. 1. Sedalia, Marshall, Boonville Stage one-stop service between Boston and This order will be published in the Lines, Inc., Frontier Airlines, Inc., the Detroit via an intermediate stop Postmaster General and all other inter Rochester or Hartford only.1 F ederal R egister. ested persons are directed to show cause Answers in support of Mohawk’s appli By the Civil Aeronautics Board. why the Board should not adopt the cation have been filed by the Boston foregoing proposed findings and conclu Chamber of Commerce, the Detroit par [ seal] H arold R . S anderson, ties, the Rochester Chamber of Com- Secretary. sions and fix, determine, and publish, for inerce and the Massachusetts Port Au- the transportation of mail by aircraft, [F.R. Doc. 68-7225; Filed, June 18, 1968; the facilities used and useful therefor, thonty. No answers in opposition were 8:48 a.m.] filed.3 and the services connected therewith as specified above, the final rate specified [Docket No. 19914; Order No. E-26906] above, as the fair and reasonable rate of 1 Mohawk requested that the Board procès . e, aPPHcation under the procedures se SEDALIA, MARSHALL, BOONVILLE iorth in Subpart M of Part 302 of the Board’ 1 As this order to show cause does not con reSulations. To the extent th STAGE LINES, INC. stitute a final action and merely affords inter nf q ca^ on was not dismissed the provision Order To Show Cause Regarding Es ested persons an opportunity to be heard on caliyUt>^ar* ^ become applicable automati the matters herein proposed, it is not re tablishment of Service Mail Rate garded as subject to the review provisions p Aviation Commission, Board o Issued under delegated authority of Part 385 (14 CFR Part 385). The provisions J*oad Commissioners of Wayn June 12, 1968. of that part dealing with petitions for Board y’ Greater Detroit Board of Commerce review will be applicable to any final action lieu !!fgheny Airlines, Inc., filed a letter ii The Postmaster General filed a notice which may be taken by the staff in this Dart,v° irf+v,answer to reserve its rights as ; of intent May 27, 1968, pursuant to 14 matter under authority delegated in section party in the event of hearing. CFR Part 298, petitioning the Board to 385.14(g). FEDERAL REGISTER, VOL. 33, NO. 11 $— WEDNESDAY, JUNE 19, 1968 No. 119- 9042 NOTICES compensation to be paid to Sedalia, Mar for this carrier in this market, it is in the mining the fair and reasonable final rate shall, Boonville Stage Lines, Inc, public i-ftterest to fix and determine the shall be limited to those specifically 2. Further procedures herein shall be fair and reasonable Tate of compensation raised by the answer, except insofar as in accordance with 14 CFR Part 302, and eral for the transportation of mail by other issues are raised in accordance if there is any objection to the rate or aircraft, the facilities used and useful with Rule 397 of the rules of practice (14 to the other findings and conclusions therefor, and the services connected CFR 302.307); and proposed herein, notice thereof shall be therewith, between the aforesaid points. 5. This order shall be served upon filed within 10 days, and if notice is filed, Upon consideration of the notice of in Sedalia, Marshall, Boonville Stage Lines, written answer and supporting docu tent and other matters officially noticed, Inc., Frontier Airlines, Inc., and the Post- ments shall be filed within 30 days after it is proposed to issue an order1 to include mastef“General. service of this order; the following findings and conclusions: 1. The fair and reasonable final serv This order will be published in the 3. If notice of objection is not filed F ederal R egister. within 10 days after service of this order, ice mail rate to be paid to Sedalia, Mar or if notice is filed and if answer is not shall, Boonville Stage Lines, Inc., pur Tseal] H arold R . S anderson, filed within 30 days after service of this suant to section 406 of the Act for the Secretary. order, all persons shall be deemed to have transportation, of mail by aircraft, the [F.R. Doc. '68-7227; Filed, June 18, 1968; waived the right to a hearing and all facilities used and useful therefor, and 8:48 a.m.] other procedural steps short of a final the services connected therewith, be decision by the Board, and the Board tween Hays, Salina, and Wichita, Kans., may enter an order incorporating the shall be 35.22 cents per great circle mile. [Docket No. 19917; Order No. E-26908] findings and conclusions proposed here 2. The final service mail rate here SEDALIA, MARSHALL, BOONVILLE in and fix and determine the final rate fixed and determined is to be paid in its specified herein; entirety by the Postmaster General. STAGE LINES, INC. 4. If answer is filed presenting issues Accordingly, pursuant to the Federal Order To Show Cause Regarding Es for hearing, the issues involved in deter Aviation Act of 1958, and particularly tablishment of Service Mail Rate mining the fair and reasonable final rate sections 204(a) and 406 thereof, and reg shall be limited to those specifically ulations promulgated in 14 CFR Part Issued under delegated authority June raised by the answer, except insofar as 302, 14 CFR Part 298, and 14 CFR 12, 1968. other issues are raised in accordance 385.14(f), The Postmaster General filed a notice with Rule 307 of the miles of practice (14 It is ordered, That: of intent May 28, 1968, pursuant to 14 CFR 302,307); and 1. Sedalia, Marshall, Boonville Stage CFR, Part 298, petitioning the Board to 5. This order shall be served upon Lines, Inc., Frontier Airlines, Inc., the establish for the above-captioned air Sedalia, Marshall, Boonville Stage Lines, Postmaster General, and all other in taxi operator, a final service mail rate Inc., Frontier Airlines, Inc., and the Post terested persons'are directed to show of 29.4 cents per great circle mile for the master General. cause why the Board should not adopt transportation of mail by aircraft be tween Independence, Fort Scott, and This order will be published in the the foregoing proposed findings and con clusions and fix, determine, and publish, Wichita, Kans. F ederal R egister. for the transportation of mail by air No protest or objection has been filed [seal] H arold R . S anderson, craft, the facilities used and useful against the services proposed in the no Secretary. therefor, and the services connected tice of intent, and the time for filing such [F.R. Doc. 68-7226; Filed, June 18, 1968; therewith as specified above, the final objections has now expired. The Post 8:48 a.m.] rate specified above, as the fair and rea master General states that the proposed sonable rate of compensation to be paid rate is acceptable to the Department and to Sedalia, Marshall, Boonville Stage the carrier, and represents a fair and [Docket No. 19916; Order No. E-26909] Lines, Inc. reasonable rate of compensation for the 2. Further procedures herein shall be services which the carrier will perform. SEDALIA, MARSHALL, BOONVILLE In addition, the Postmaster General be STAGE LINES, INC. in accordance with 14 CFR Part 302, and if there is any objection to the rate or lieves these services will meet postal Order To Show Cause Regarding Es to the other findings and conclusions needs in the market. He states, the air tablishment of Service Mail Rate proposed herein, notice thereof shall be taxi plans to initiate mail service with filed within 10 days, and if notice is filed, Piper Aztec, Model—PA 23, twin engine Issued under delegated authority aircraft equipped for all weather opera June 12, 1968. written answer and supporting docu ments shall be filed within 30 days after tion. The Postmaster General filed a notice service of this order; Since no mail rate is presently in effect of intent May 28, 1968, pursuant to 14 3. If notice of objection is not filed for this carrier in this market, it is in CFR Part 298, petitioning the Board to the public interest to fix and determine establish for the above-captioned air taxi within 10 days after service of this order, or if notice is filed and if answer, is not the fair and reasonable rate of compen operator, a final service mail rate of 35.22 sation to be paid to it by the Postmaster cents per great circle mile for the trans filed within 30 days after service of this order, all persons shall be deemed to General for the transportation of mail portation of mail by aircraft between by aircraft, the facilities used and useful Hays, Salina, and Wichita, Kans. to have waived the right to a hearing and all other procedural steps short of a therefor, and the services connected No protest or objection has been filed final decision by the Board, and the therewith, between the aforesaid points. against the services proposed in the no Board may enter an order incorporating Upon consideration of the notice of in tice of intent, and the time for filing such the findings and conclusions proposed tent and other matters officially noticed, objections has now expired. The Post herein and fix and determine the final it is proposed to issue an order1 to in master- General states that the proposed rate specified herein; rate is acceptable to the Department and clude the following findings and conclu 4. If answer is filed presenting issues sions: the carrier, and represents a fair and for hearing, the issues involved in deter- reasonable rate of compensation for the services which the carrier will perform. 1 As this order to show cause does not con 1 As this order to show cause does not con In addition, the Postmaster General be stitute a final action and merely affords inter stitute a final action and merely affords in- lieves these services will meet postal ested persons an opportunity to be heard on interested persons an opportunity to be hear needs in the market. He states the air the matters herein proposed, it is not re on the matters herein proposed, it is n taxi plans to initiate mail service with garded as subject to the review provisions of regarded as subject to the review Prov_® , Piper Aztec, Model—PA 23, twin en Part 385 (14 CFR Part 385). The provisions of Part 385 (14 CFR Part 385). The provi of that Part dealing with petitions for Board sions of that Part dealing with petitions io gine aircraft equipped for all weather Board review will be applicable to any operation. review will be applicable to any. final action which may be taken by the staff in this action which may be taken by the sta Since no mail rate is presently in effect matter under authority delegated in section this matter under authority delegate to be paid to it by the Postmaster Gen- 385.14(g). section 385.14(g). FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9043 1. The fair and reasonable final [Docket No. 19918; Order No. E-26905] sections 204(a) and 406 thereof, and service mail rate to be paid to Sedalia, SEDALIA, MARSHALL, BOONVILLE regulations promulgated in 14 CFR Part 302, 14 CFR Part 298, and 14 CFR 385.14 Marshall, Boonville Stage Lines, Inc., STAGE LINES, INC. pursuant to section 406 of the Act for (f), the transportation of mail by aircraft, Order To Show Cause Regarding Es It is ordered, That: the facilities used and useful therefor, tablishment of Service Mail Rate 1. Sedalia, Marshall, Boonville Stage and the services connected therewith, Lines, Inc., Frontier Airlines, Inc., the between Independence and Wichita, Issued under delegated authority June Postmaster General and all other in Kans., via Port Scott, Kans., shall be 12, 1968. terested persons are directed to show 29.4 cents per great circle mile. The Postmaster General filed a notice cause why the Board should not adopt 2. The final service mail rate here of intent May 28, 1968, pursuant to 14 the foregoing, proposed findings and con fixed and determined is to be paid in its CFR Part 298, petitioning the Board to clusions and fix, determine, and publish, entirety by the Postmaster General. establish for the above-captioned air for the transportation of mail by air Accordingly, pursuant to the Federal taxi operator, a final service mail rate of craft, the facilities used and useful Aviation Act of 1958, and particularly 28.9 cents per great circle mile for the therefor, and the services connected sections 204(a) and 406 thereof, and transportation of mail by aircraft be therewith as specified above, the final regulations promulgated in 14 CFR Pari tween Colby, Dodge City, and Wichita, rate specified above, as the fair and rea 302, 14 CFR Part 298, and 14 CFR Kans. sonable rate of compensation to be paid 385.14(f), No protest or objection has been filed to Sedalia, Marshall, Boonville Stage Lines, Inc.; • It is ordered, That: against the services proposed in the no tice of intent, and the time for filing 2. Further procedures herein shall be 1. Sedalia, Marshall, Boonville Stage in accordance with 14 CFR Part 302, and Lines, Inc., the Postmaster General, and such objections has now expired. The Postmaster General states that the pro if there is any objection to the rate or all other interested persons are directed posed rate is acceptable to the Depart to the other findings and conclusions to show cause why the Board should not proposed herein, notice thereof shall be adopt the foregoing proposed findings ment and the carrier, and represents a fair and reasonable rate of compensa filed within 10 days, and if notice is filed, and conclusions and fix, determine, and written answer and supporting docu publish, for the transportation of mail by tion for the services which the carrier will perform. In addition, the Postmaster ments shall be filed within 30 days after aircraft, the facilities used and useful service of this order; therefor, and the services connected General believes these services will meet postal needs in the market. He states the 3. If notice of objection is not filed therewith as specified above, the final within 10 days after service of this or rate specified above, as the fair and rea air taxi plans to initiate mail service with Piper Aztec, Model—PA 23, twin engine der, or if notice is filed and if answer is sonable rate of compensation to be paid not filed within 30 days after service of to Sedalia, Marshall, Boonville Stage aircraft equipped for all weather opera* tion. this order, all persons shall be deemed Lines, Inc. to have waived the right to a hearing and 2. Further procedures herein shall be Since no mail rate is presently in effect for this carrier in this market, it is in all other procedural steps short of a final in accordance with 14 CFR Part 302, and decision by the Board, and the Board if there is any objection to the rate or to the public interest to fix and determine the fair and reasonable rate of compen may enter an order incorporating the the other findings and conclusions pro sation to be paid to it by the Postmaster findings and conclusions.proposed herein posed herein, notice thereof shall be filed and fix and determine the final rate General for the transportation of mail specified herein; within 10 days, and if notice is filed, by aircraft, the facilities used and useful written answer and supporting docu therefor, and the services connected 4. If answer is filed presenting issues ments shall be filed within 30 days after therewith, between the aforesaid points. for hearing, the issues involved in deter service of this order; Upon consideration of the notice of in mining the fair and reasonable final rate 3. If notice of objection is not filed tent and other matters officially noticed, shall be limited to those specifically within 10 days after service of this order, it is proposed to issue an order1 to in raised by the answer, except insofar as or if notice is filed and if answer is not clude jthe following findings and conclu other issues are raised in accordance filed within 30 days after service'of this sions f with Rule 307 of the rules of practice (14 order, all persons shall be deemed to have 1. The fair and reasonable final serv CFR 302.307); and waived the right to a hearing and all ice mail rate to be paid to Sedalia, Mar 5. This order shall be served upon other procedural steps short of a final shall, Boonville Stage Lines, Inc., pur Sedalia, Marshall, Boonville Stage Lines, decision by the Board, and the Board suant to section 406 of the Act for the Inc., Frontier Airlines, Inc., and the may enter an order incorporating the transportation of mail by aircraft, the Postmaster General. findings and conclusions proposed herein facilities used and useful therefor, and and fix and determine the final rate This order will be published in the specified herein; the services connected therewith, be F ederal R egister. tween Colby and Wichita, Kans., via [ seal] H arold R. S andersonv 4. If answer is filed presenting issues Dodge City, Kans., shall be 28.9 cents for hearing, the issues involved in de Secretary. per great circle mile. termining the fair and reasonable final [F.R. Doc. 68-7229; Filed, June 18, 1968; rate shall be limited to those specifically 2. The final service mail rate here - 8:48 a.m.] raised by the answer, except insofar as fixed and determined is to be paid in its other issues are raised in accordnace with entirety by the Postmaster General. Rule 307 of the rules of practice (14 CFR Accordingly, pursuant to the Federal 302.307); and Aviation Act of 1958, and particularly FEDERAL COMMUNICATIONS 5. This order shall be served upon Sedalia, Marshall, Boonville Stage Lines, 1 As this order to show cause does not con COMMISSION stitute a final action and merely affords in [Docket Nos. 18206, 18207; FCC 68M-910] Inc., and the Postmaster General. terested persons an opportunity to be heard This order will be published in the on the matters herein proposed, it is not FIRST ILLINOIS CABLE T.V.f INC. F ederal R egister. regarded as subject to the review provisions AND RANTOUL CATV CO. of Part 385 (14 CFR Part 385). The provi [seal] H arold R . S anderson, sions of that part dealing with petitions for Order Scheduling Hearing Secretary. Board review will be "applicable to any final action which may be taken by the staff in In re petitions by First Illinois Cable [FR. Doc. 68-7228; Filed, June 18, 1968; this matter under authority delegated In T.V., Inc., Springfield, Jerome, Leland 8:48 am .] § 385.14(g). Grove, Southern View, and Grandview, FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9044 NOTICES HI., Docket No. 18206, File No. CATV Whereas, exceptional circumstances Mr. G. Ravera, Secretary, Med-Gulf Confer 100-31; Rantoul CATV Co., a corpora warranting a shorter period for the sub ence, Vico San Luca 4, 16123 Genova, Italy. tion, Rantoul, 111., and the adjacent un mission of written comments are deemed The Italy, South France, South Spain/ incorporated territory, Docket No. 18207, to exist: U.S. Gulf Conference has filed an appli File No. CATV 100-42; for authority pur Now, therefore, be it resolved That the cation pursuant to section 14b of the suant to § 74.1107 of the rules to operate Secretary to the Corporation is directed Shipping Act, 1916, for permission to (1) CATV systems in the Springfield-Deca- to file the following notice for publication extend the present geographic scope of tur-Champaign Television Market (ARB in the F ederal R egister and with Dr. its existing exclusive patronage (dual 72). Preston Martin, Savings and Loan Com rate) system to include Portuguese ports It is ordered, That Charles J. Frederick missioner, 3440 Wilshire Boulevard, Los and modify its form of merchant’s con shall serve as Presiding Officer in the Angeles, Calif. 90005 : tract, and (2) change the name of the above-entitled proceeding; that the hear Notice is hereby given that on May 10, Conference to read “Italy, South France, ings therein shall be convened on Au 1968, the Federal Savings and Loan In South Spain, Portugual/U.S. Gulf Con gust 5, 1968, at 10 a.m.; and that a pre- surance Corporation received the com ference.” hearing conference shall be held on pleted application from the United Fi July 19, 1968, commencing at 9 a.m.; nancial Corporation of California, a Dated: June 14, 1968. And, it is further ordered, That all pro savings and loan holding company, and By order of the Federal Maritime ceedings shall take place in the offices of of the United Savings and Loan Associa Commission. the Commission, Washington, D.C. tion of Century City, for permission to acquire Fox Hills Savings and Loan As T homas Lisi, Issued: June 11,1968. sociation. The proposed acquisition is to Secretary. Released: June 12,1968. be effected by the acquisition of the [F.R. Doc. 68-7243; Filed, June 18, 1968; assets and assumption of the liabilities of 8:49 a.m.] F ederal Communications Fox Hills by United Savings. Comments Commission, on the proposed acquisition should be [ seal] James D. Cunningham, UNITED STATES ATLANTIC AND Chief Hearing Examiner. submitted to the Director, Office of Ex aminations and Supervision, Federal GULF-HAITI CONFERENCE [F.R. Doc. 68-7238; Filed, June 18, 1968; Home Loan Bank Board, Washington, Notice of Petition Filed for Approval 8:49 a.m.] D.C. 20552, by June 24,1968. Notice is hereby given that the follow For the Federal Savings and Loan In ing petition has been filed with the Com surance Corporation. mission for approval pursuant to section FEDERAL HOME LOAN BANK BOARD • By the Federal Home Loan Bank 14b of the Shipping Act, 1916, as [21,847] Board. amended (75 Stat. 762, 46 U.S.C. 814). Interested parties may inspect a copy UNITED FINANCIAL CORPORATION [seal] G renville L. M illard, Jr., Assistant Secretary. of the current contract form and of the OF CALIFORNIA AND UNITED petition, reflecting the changes proposed SAVINGS AND LOAN ASSOCIA [FJR. Doc. 68-7220; Filed, June 18, 1968; to be made in the language of said con 8:47 ajn.j TION OF CENTURY CITY tract, at the Washington office of the Federal Maritime. Commission; 1321 H Notice of Intention To Acquire Fox Street NW., Room 301; or at the offices of Hills Savings and Loan Association the District Managers, New York, N.Y., FEDERAL MARITIME COMMISSION New Orleans, La., and San Francisco, June 13,1968. ITALY, SOUTH FRANCE, SOUTH Calif. Comments with reference to the Whereas, United Financial Corpora proposed changes and the petition, in tion of California (United Financial) Los SPAIN/U.S. GULF CONFERENCE (MED-GULF) cluding a request for hearing, if desired, Angeles, Calif., a savings and loan hold may be submitted to the Secretary, Fed ing company, and United Savings and Notice of Petition Filed for Approval eral Maritime Commission, Washington, Loan Association of Century City (United D.C. 20573, within 20 days after publica Notice is hereby given that the follow Savings), South Gate, Calif., a wholly tion of this notice in the Federal Regis owned subsidiary of United Financial, ing petition has been filed with the Com ter. A copy of any such statement should intends to acquire. Fox Hills Savings and mission for approval pursuant to sec also be forwarded to the party filing the Loan Association (Fox Hills), Culver tion 14b of the Shipping Act, 1916, as petition (as indicated hereinafter), and City, Calif., pursuant to an agreement amended (75 Stat. 762, 46 U.S.C. 814). the comments should indicate that this between United Financial and Fox Hills Interested parties may inspect a copy has been done. according to the terms of which United of the current contract form and of the petition, reflecting the changes proposed Notice of application to modify ap Savings will acquire the assets and as proved dual rate contracts filed by: sume the liabilities of Fox Hills; and to be made in the language of said con Whereas, § 584,4 of the,regulations for tract, at the Washington office of the Mr. C. D. Marshall, Chairman, 11 Broadway, Savings and Loan Holding Companies Federal Maritime Commission, 1321 H New York, N.Y. 10004. (12 CFR 584.4) requires that such ac Street NW., Room 609; or at the offices Notice of the application of nine con quiring companies obtain prior approval of the District Managers, New York, N.Y., ferences to modify their approved of the Federal Savings and Loan Insur New Orleans, La., and San Francisco, merchant’s contracts by the addition of ance Corporation (Corporation) before Calif. Comments with reference to the the phrase “currency devaluation by accomplishing such an acquisition; and proposed changes and the petition, in governmental action” to those condi Whereas, § 584.4 (k) of the regulations cluding a request for hearing, if desired, tions beyond the control of the confer for Savings and Loan Holding Companies may be submitted to the Secretary, Fed ences as outlined in Article 10(a) of the (12 CFR 584.4 (k) ) requires that notice of eral Maritime Commission, Washington, contracts pursuant to which the carriers the proposed acquisition be filed for pub D.C. 20573, within 20 days after publica in the trade covered by the agreements lication in the Federal R egister and with tion of this notice in the F ederal R egis may suspend the effectiveness of the the appropriate state supervisory au ter. A copy of any such statement should contract with respect to the operations thority; and also be forwarded to the party filing the affected with notice to merchant signa Whereas, § 584.5 of the regulations for petition (as indicated hereinafter), and tories, which was published ~rin the Savings and Loan Holding Companies the comments should indicate that this F ederal R egister on June 5, 1968 in (12 CFR 584.4 (k) ) requires that 30 days (or a shorter period in exceptional cir has been done. Volume 33-109 at page 8363, inadvert cumstances) be allowed for the sub Notice of application to extend the ently listed two of the conferences as: mission of written comments or views ; geographic scope of exclusive patronage U.S. Atlantic & Gulf-Jamaica Conference and (dual rate) contract system filed by: (Agreement No. 8120, as amended). FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY; JUNE 19, 1968 NOTICES 9045 U.S. Atlantic & Gulf-Jamaica Conference ment agreement also provides for the application which is on file with the (Agreement No. 4610, as amended). flow-through of supplier refunds and Commission and open to public inspec The listing should read as follows: rate reductions commencing as of tion. November 1, 1965, the date upon which Specifically, Applicant states that The U.S. Atlantic & Gulf-Haiti Conference the presently effective rates became (Agreement No. 8120, as amended). Cincinnati Gas and Electric Co. (Cincin U.S. Atlantic & Gulf-Jamaica Conference effective subject to refund. nati Gas) has requested Applicant to (Agreement No. 4610, as amended). Copies of the proposed changes were arrange for an additional point of deliv served on all parties, customers, and ery and to sell and deliver an additional Dated: June 14,1968. interested State commissions. Comments 5,000 Mcf per day in its contract demand By order of the Federal Maritime on the aforementioned filing and the quantity- and an increase of 5,000 Mcf per Commission. changes may be filed with the Commis day in its winter service maximum daily T h o m a s L is i, sion on or before July 3, 1968. quantity. Applicant states that the rea Secretary. K e n n e t h F . P l u m b , son for the request is to enable Cincin [F.R. Doc. 68-7244; Filed, June 18, 1968; Acting Secretary: nati Gas to serve a new market area. 8:49 a.m.] Applicant further states that this quan [F.R. Doc. 68-7193; Filed, June 18, 1968; tity requested by Cincinnati Gas can be 8:45 a.m.] furnished out of Applicant’s existing entitlement from Texas Eastern Trans FEDERAL DEPOSIT INSURANCE [Docket No. RP66—5] mission Corp. (Texas Eastern). In addition, Applicant requests au MANUFACTURERS LIGHT AND HEAT thorization to construct and operate a CORPORATION CO. tap on Texas Eastern’s main line facili INSURED BANKS Notice of Proposed Rate Settlement ties, together with necessary measuring and regulating equipment and other Summary of Deposits Statement Ju n e 12,1968. appurtenances. Total estimated cost of Pursuant to the provisions of sections Take notice that on May 31, 1968, The these facilities is $40,000, which cost is 7(a) and 9 Eighth of the Federal De Manufacturers Light and Heat Co. to be financed from funds on hand. posit Insurance Act, each insured bank tendered for filing a proposal for the Protests or petitions to intervene may is hereby directed to submit to the Fed settlement of this proceeding which be filed with the Federal Power Commis eral Deposit Insurance Corporation on or would result in reductions in the rates sion, Washington, D.C. 20426, in accord before July 18, 1968, a report of its de and charges now subject to refund in ance with the rules of practice and pro posits as of the close of business June 29, this proceeding. The proposed settlement cedure (18 CFR 1.8 or 1.10) and the reg 1968, on Form 89—Call No. 10 entitled reflects a jurisdictional cost of service ulations under the Natural Gas Act “Summary of Deposits” and any sup approximately $3.9 million below that (§ 157.10) on or before July 8, 1968. plements thereto1 and said report shall shown in support of its proposed rates Take further notice that, pursuant to be prepared in accordance with “Instruc which became effective subject to refund the authority contained in and subject tions for Preparation of Summary of De on November 1, 1965. to the jurisdiction conferred upon the posits, Form 89—Call No. 10 as of the The reduced cost of service includes Federal Power Commission by sections close of business June 29,1968.” 1 the flow-through of liberalized deprecia 7 and 15 of the Natural Gas Act and the Dated this 11th day of April 1968. tion and in addition, the company pro Commission’s rules of practice and pro poses to make refunds to reflect such cedure, a hearing will be held without F ederal D eposit I nsurance flow-through for the 10 months period further notice before the Commission on C orporation, commencing January 1, 1966. The set this application if no protest or petition [seal] e . F. D o w n e y , tlement agreement also provides for the to intervene is filed within the time re Secretary. flow-through of supplier refunds and quired herein, if the Commission on its [F.R. Doc. 68-7213; Filed, June 18, 1968; rate reductions commencing as of own review of the matter finds that a 8:47 a.m.] November 1, 1965, the date upon which grant of the certificate is required by the presently effective rates became the public convenience and necessity. If effective subject to refund. a protest or petition for leave to inter Copies of the proposed changes were vene is timely filed, or if the Commis FEDERAL POWER COMMISSION served on all parties, customers, and sion on its own motion believes that a [Docket No. RP66—6] interested State commissions. Com formal hearing is required, further no HOME GAS CO. ments on the aforementioned filing and tice of such hearing will be duly given. the changes may be filed with the Com Under the procedure herein provided Notice of Proposed Rate Settlement mission on or before July 3, 1968. for, unless otherwise advised, it will be unnecessary for Applicant to appear or Ju n e 12,1968. K e n n e th F . P l u m b , be represented at the hearing. Take notice that on June 4, 1961 Acting Secretary. Home Gas Co. tendered for filing a prc [F.R. Doc. 68-7194; Filed, June 18, 1968; K en n eth F . P l u m b , posal for the settlement of this proceed 8:45 a.m.] Acting Secretary. mg which would result in reductions i [F.R. Doc. 68-7195; Filed, June 18, 1968; me rates and charges now subject i [Docket No. CP68-335] 8:45 a.m.] refund in this proceeding. The propose ettlement rate reflect an annual re OHIO FUEL GAS CO. auction of approximately $665,000 i Home’s revenues below the cost of sen Notice of Application FEDERAL RESERVE SYSTEM ice shown in support of its propose J u n e 12,1968. rates which became effective subject t Take notice that on June 3, 1968, The FEDERAL OPEN MARKET COMMITTEE reiund on November 1, 1965. Ohio Fuel Gas Co. (Applicant), 99 North Authorization for System Foreign reduced cost Of service include Front Street, Columbus, Ohio 43215, filed ti ^flow-through of liberalized deprecia in Docket No. CP68-335 an application Currency Operations and in addition, the company prc pursuant to section 7(c) of the Natural In accordance with § 271.5 of its rules Poses to make refunds to reflect sue Gas Act for a certificate of public con regarding availability of information, now-through for the 10 months perio venience and necessity authorizing the there is set forth below paragraph 2 of ommencing January 1,1966. The settle construction and operation of facilities the Committee’s authorization for sys and sale and delivery of natural gas in tem foreign currency operations, as Turtle Creek Township, Warren County, amended by action taken at its meeting Filed as part of original document. Ohio, all as more fully set forth in the on March 14, 1968; by vote of all avail- FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9046 NOTICES able members (a majority) on March 16, declaration of “major disaster” by the 3. The failure to disclose accurately 1968, ratified by action of the Commit President in his letter dated June 10, and adequately the terms and conditions tee at its meeting on April 2, 1968; and 1968, reading in part as follows: of the transaction wherein Mr. Martino by vote of all available members (a ma I have determined that the damage in Hill transferred to Pollution Dynamics Corp. jority) on March 17, 1968, ratified by County, Tex., adversely affected by heavy all of his rights in and title to the smoke action of the Committee at its meeting rains and flooding beginning on or about less incinerator, including the market on April 2, 1968. All such amendments May 7, 1968, is of sufficient severity and mag research design rights and expenses in became effective on March 17,1968. nitude to warrant a major disaster declara cidental thereto, the consideration to be tion under Public Law 81-875. 2. The Federal Open Market Committee paid by the company, the obligation, if directs the Federal Reserve Bank of New Dated: June 12, 1968. any, to be assumed by the company, and York to maintain reciprocal currency ar the liability to be assumed by the com rangements (“swap” arrangements) for Sys Price D aniel, Director, pany with respect to working models of tem Open Market Account for periods up to the smokeless incinerators which Mr. a maximum of 12 months with the following Office of Emergency Planning. Martino built for other persons prior to foreign banks, which are among those desig [F.R. Doc. 68-7198; Filed, June 18, 1968; such transfer. nated by the Board of Governors of the Fed 8:45 a.m.j eral Reserve System under section 214.5 of 4. The Statement of Assets contained Regulation N, relations with foreign banks in the issuer’s offering circular lists as and bankers, and with the approval of the an asset a $3,277,32 item which is in fact Committee to renew such arrangements on worthless, rendering the financial state maturity: SECURITIES AND EXCHANGE ments false. Amount of arrangement B. The terms and conditions of Regu (millions of COMMISSION lation A have not been complied with dollars [File No. 24 NY-6444] in that: 1. The issuer failed to name as af Foreign tank equivalent) ' POLLUTION DYNAMICS CORP. Austrian National Bank______100 filiates, in Item 2(b) of the notification, National Bank of Belgium______225 Order Temporarily Suspending Ex Rochester Seamless G u tte r Corp., Bank of Canada______1, 000 emption, Statement of Reasons Ravenswood Farms, Inc., and Terra De National Bank of Denmark______100 velopers, Inc., all of which are under Bank of England______2, 000 Therefor, and Notice of Opportu the control of Louis Martino, principal Bank of France______.______100 nity for Hearing stockholder and director of Pollution German Federal Bank______1, 000 June 13, 1968. Bank of Italy______,______750 Dynamics. Bank of Japan______1, 000 I. On November 22, 1967, Pollution 2. The issuer has failed to disclose in Bank of Mexico______130 Dynamics Corp. (Pollution Dynamics), Item 9(a) of the notification, all trans Netherlands Bank______400 1225 Ridge Road West, Rochester, N.Y., actions whereby it issued unregistered Bank of Norway______100 filed a notification pursuant to Regula securities during the year preceding the Bank of Sweden______250 tion A in connection with a proposed filing of the notification; Swiss National Bank______600 offering of 149,000 shares of its $0.05 par 3. The issuer offered its securities Bank for International Settlements: without delivering a copy of an offering System drawings in Swiss francs____ 600 value common stock at $2 per share. The System drawings in authorized 1,000 offering was to be conducted by thè circular containing the information re European currencies other than officers and directors of the company quired in Schedule 1 of Form 1-A in vio Swiss francs. without an underwriter. lation of Rule 256(a) (1); and, (Note.— For paragraph 1 of the authoriza Pollution Dynamics is a New York 4. The issuer in causing a newspaper tion, see 33 F.R. 3665; for paragraph 3, see 33 corporation organized on September article to be published exceeded the F.R. 8470; for paragraphs 4 through 10, see 32 13, 1967, and located at 1225 Ridge Road limitations prescribed by Rule 256(c) F.R. 9583.) West, Rochester, N.Y. According to the and Rule 258. Dated at Washington, D.C., the sev offering circular, it proposes to engage C. The offering would be in violation enth day of June 1968. in the development, manufacture and of section 17(a) of the Securities Act of distribution of all types of equipment 1933, as amended. By order of the Federal Open Market used to eliminate or control air and III. It appearing to the Commission Committee. water pollution. Its primary business will that it is in the public interest and for A rthur L. B roida, be “ the development of a smokeless in the protection of investors that the ex Assistant Secretary. cinerator which can be used as a disposal emption of the issuer under Regulation [FR , Doc. 68-7203; Filed, June 18, 1968; for waste, rubbish or similar material on A be temporarily suspended, 8:46 a.m .j a commercial basis”. It is ordered, Pursuant to Rule 261(a) II. The Commission has reasonable of the General Rules and Regulations cause to believe that: under the Securities Act of 1933, as A. The offering circular contains unamended, that the exemption of the is OFFICE OF EMERGENCY true statements of material facts and suer under Regulation A be, ahd it here omits to state material facts necessary in by is, temporarily suspended. PLANNING order to make the statements made, in It is further ordered, Pursuant to Rule the light of the circumstances under 7 of the Commission’s rules of practice, TEXAS which they are made, not misleading, that the issuer file an answer to the al particularly with respect to the follow legations contained in this order within Notice of Major Disaster ing: 30 days of the entry thereof. Pursuant to the authority vested in me 1. The failure to disclose that Louis Notice is hereby given that any person by the President under Executive Order Martino, a principal stockholder and di having any interest in the matter may 10427 of January 16, 1953, Executive rector, has exercised and will continue to file with the Secretary of the Commission Order 10737 of October 29, 1957, and exercise control over the issuer and its a written request for a hearing withm Executive Order 11051 of September 27, affairs. 30 days after the entry of this order; that 1962 (18 F.R. 407, 22 F.R. 8799, 27 F.R. 2. The offering circular is materially within 20 days after receipt of s u ch re 9683); Reorganization Plan No. 1 of 1958, false and misleading in failing to dis quest th j Commission will, or at any time Public Law 85-763, and Public .Law close accurately and adequately the busi upon its own motion may, set the matter 87-296; by virtue of the Act of Septem ness experience and background of Louis down for hearing at a place to be desig ber 30,1950, entitled “An Act to authorize Martino, a principal stockholder, direc nated by the Commission for the p u rp ose Federal assistance to States and local tor and controlling party, and the serious of determining whether this order of sus governments in major disasters, and for business reverses suffered by Louis pension should be vacated or made per other purposes” (42 U.S.C. 1855-1855g), Martino and companies which he con manent, without prejudice, however, to as amended; notice is hereby given of a trolled. the consideration and presentation of a FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9047 ditional matters at the hearing; and that tariffs ICC 4714, 4279, and 4758, respec intrastate and interstate authority notice of the time and place for said tively. sought. hearing will be promptly given by the By the Commission. HEARING: Monday, July 8, 1968, at Commission. If no hearing is requested 1:30 p.m., c.d.t., South Dakota Public and none is ordered by the Commission, [ seal] H . N eil G arson, Utilities Commission, Capitol Building, the order shall' become permanent on Secretary. Pierre, Hughes County, S. Dak. 57501. Re the 30th day after its entry and shall re [F.R. Doc. 68-7230; Filed, June 18, 1968; quests for procedural information in main in effect unless it is modified or va 8:48 a.m.] cluding the time for filing protests con cated by the Commission. cerning this application should be ad dressed to the South Dakota Public By the Commission. NOTICE OF FILING OF MOTOR CAR Utilities Commission, Capitol Building, [seal] O rval L. D u B o is , RIER INTRASTATE APPLICATIONS Pierre, S. Dak. 57501, and should not be Secretary. directed to the Interstate Commerce Ju n e 14, 1968. Commission. [F.R. Doc. ©8-7206; Piled* June 18, 1968; The following applications for motor 8:46 a.m.] State Docket I’ o. 23228, extension and/ common carrier authority to operate in or clarification filed May 29, 1968. Appli intrastate commerce seek concurrent cant: RUBY D. JACKSON, doing busi motor carrier authorization in interstate ness as MOUNTAIN EXPRESS TRUCK INTERSTATE COMMERCE or foreign commerce within the limits LINE, 2903 North Tejon Street, Colorado of the intrastate authority sought, pur Springs, Colo. 80907. Applicant’s repre COMMISSION suant to section 206(a) (6) of the Inter sentative: James C. Perrill, 1340 Denver state Commerce Act, as amended Octo Club Building, Denver, Colo. 80202. Cer FOURTH SECTION APPLICATIONS ber 15, 1962. These applications are gov tificate of public convenience and neces FOR RELIEF erned by Special Rule 1.245 of the Com sity sought to operate a freight service mission’s rules of practice, published in Ju n e 14, 1968. as follows: (1) Transportation of gen the F ederal R egister, issue of April 11, eral freight, between Denver and a 5- Protests to the granting of an applica 1963, page 3533, which provides, among tion must be prepared in accordance with mile radius thereof, and Lake George, other things, that protests and requests Colo., and a 5-mile radius thereof, on Rule 1100.40 of the general rules of prac for information concerning the time and schedule via Interstate Highway No. 25 tice (49 CFR 1100.40) and filed within 15 place of State Commission hearings days from the date of publication of this and U.S. Highway No. 24, serving all or other proceedings, any Subsequent intermediate points west of Colorado notice in the F ederal R egister. changes therein, and any other related Spring's, Colo., on U.S. 24 and all matters shall be directed to the State L ong- and-S hort H aul off-route points in Teller County, (2) Commission with which the application transportation of general freight, be FSA No. 41362—Concrete reinforcing is filed and shall not be addressed to or bars to Tampa, Fla. Filed by O. W. South, tween Denver, and a 5-mile radius there filed with the Interstate Commerce of, and Cripple Creek and Victor, Colo., Jr., agent (No. A6022), for interested rail Commission. carriers. Rates on concrete reinforcing via Interstate Highway No. 25 and Colo State Docket No. MC-4485 (Sub-No. rado Highway No. 67, serving all inter bars, in carloads, minimum weight 3), filed April 16, 1968. Applicant: 140,000 pounds, from East St. Louis, 111., mediate points west of Colorado Springs, WAVERLY TRANSFER C O M P A N Y , Colo., on U.S. No. 24 and Colorado High to Tampa, Fla. INC., I ll Tredco Drivet Nashville, Tenn. Grounds for relief—Rate relationship. way 67 and all off-route points in Teller 37211. Applicant’s representative: Robert County, (3) the conduct of a pickup and Tariff—Supplement 142 to Southern H. Cowan, 500 Court Square Building, Freight Association, agent, tariff ICC delivery service, of freight having a prior S-502. Nashville, Tenn. Certificate of public or subsequent movement over the line- convenience and necessity sought to op FSA No. 41363—Crude phosphate rock haul operation of this certificate: Within erate a freight service as follows: Trans Woodland Park, Colo., and a 10-mile to Courtright, Ontario, Canada. Filed by portation of property, serving Lakewood O. W. South, Jr., agent (No. A6023)r for radius thereof, excluding the U.S. Air Village as an off-route point in connec Force Academy, (4) transportation of interested rail carriers. Rates on crude tion with its regular route operation. Phosphate rock (other than ground general freight, between Denver, Colo., Both intrastate and interstate authority and a 5-mile radius thereof, and Palmer Phosphate rock), in multiple carload sought. shipments of. 1,500 net tons, from speci Lake, Colo., and Monument, Colo., via fied producing points in Florida, to HEARING: Monday, July 22, 1968, at Interstate 25 and State Highway No. 105. Courtright, Ontario, Canada. 9:30 a.m., Tennessee Public Service Com (5) Transportation of ore and ore Grounds for relief—Rail-water compe mission, C -1-110 Cordell Hull Building, concentrates on call and demand from tition. Nashville, Tenn. 37219. Requests for pro points authorized in line haul operation Tariff-Supplement 54 to Southern cedural information,'including the time of this certificate to Loveland, Col©., (6) Freight Association, agent, tariff ICC for filing protests, concerning this ap transportation of freight, on call and de 0-658. plication should be addressed to the Ten mand from Loveland, Colo., and a 10- FSA No. 41364—Petroleum and petro- nessee Public Service Commission, Cor mile radius thereof, to all points author cum products to Illinois Freight Asso- dell Hull Building, Nashville, Tenn. ized in the line haul operation of this lation and Western trunkline terri 37219, and should not be directed to the certificate, (7) transportation of general f i e s . Filed by Southwestern Freight Interstate Commerce Commission. freight, from Colorado Springs, Colo., to agent (No. B-9091), for inter- State Docket No. 8683-A filed May 29, Monument and Palmer Lake, Colo., via ío!e FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9048 NOTICES Commission, Hearing Room, 507 Colum on and within a line beginning at the necessity PUC No. 40 and PUC No. 26 bine Building, 1845 Sherman Street, intersection of the Denver-Adams Coun and I issued by the Colorado Public Denver, Colo. 80203. Requests for pro ty line and Dahlia Street, thence north Utilities Commission, and in interstate cedural information including the time on Dahlia Street to junction with 88th and foreign commerce pursuant to for filing protests concerning this appli Avenue in Adams County,‘thence west on certificate of registration MC-35227 cation should be addressed to the Colo 88 th Avenue to junction with River dale (Sub-No. 4). No duplicating intrastate rado Public Utilities Commission, 500 Road, thence north and east on Riverdale or interstate authority is being sought, Columbine Building, 1845 Sherman Road to junction with Holly Street, and the purpose of the above-described Street, Denver, Colo. 80203, and should thence north on Holly Street to Base application is to extend said existing not be directed to the Interstate Com Line Road (on Adams-Weld County intrastate and interstate authorities to merce Commission. line). the enlarged scope described above). State Docket No. 23232 (Clarification), Thence east on Base Line Road to Both interstate and intrastate authority filed May 31, 1968. Applicant: EDSON junction with the South Platte .River, sought. EXPRESS, INC., 1270 Boston, Longmont, thence north along the South Platte HEARING: August 9, 1968, 10 a.m., Colo. 80501. Applicant’s representative: River in Weld County to junction with in the hearing room of the Commission, Edward T. Lyons, Jr., 420 Denver Club Colorado Highway 66, thence west on 507 Columbine Building, 1845 Sherman Building, Denver, Colo. 80202. Certificate Colorado Highway 66 approximately 6 Street, Denver, Colo. 80203. Requests for of public convenience and necessity miles to junction unnumbered highway, procedural information, including the sought to operate a freight service as fol thence north on unnumbered highway time for filing protests concerning this lows: Transportation of freight and ex approximately 8 miles to junction un application should be addressed to the press (1) between Denver, Colo, (in numbered highway, thence west on Public Utilities Commission of Colorado, cluding points within 5 miles thereof), unnumbered highway approximately 7 500 Columbine Building, 1845 Sherman and Berthoud, Colo, (including points miles to junction U.S. Highway 287 in Street, Denver, Colo. 80203, and should within 2 miles thereof), over regular Larimer County, thence north on U.S. not be directed to the Interstate Com routes as follows: From Denver over U.S. Highway 287 approximately one-half merce Commission. Highway 87 (Interstate Highway 25) to mile to junction unnumbered highway, By the Commission. junction U.S. Highway 36 (Denver- thence west on unnumbered highway Boulder Turnpike), thence over U.S. approximately 3Y2 miles to junction [ seal] H. Neil C arson, Highway 36 to junction Colorado High unnumbered highway, thence south on Secretary. way 128, thence over Colorado Highway unnumbered highway approximately 8 [F.R. Doc. 68-7231; Filed, June 18, 1968; 128 to junction U.S. Highway 287, thence miles to junction Colorado Highway 66 8:48 a.m.] over U.S. Highway 287 to Berthoud, and in Boulder County, thence west on return over the same routes, serving all Colorado Highway 66 to junction with intermediate points and the off-route Colorado Highway 7 in Boulder County, [Notice 603] points of Louisville and Erie, Colo.; (2) thence south on Colorado Highway 7 to MOTOR CARRIER ALTERNATE ROUTE between Denver, Colo, (including points Neva Road, thence east on Neva Road to DEVIATION NOTICES within 5 miles thereof) and Longmont, North 45th Street, thence south on Colo, (including points within 5 miles) North 45th Street to Niwot Road, thence June 14, 1968. and Berthoud, Colo, (including points east on Niwot Road to North 55 th Street, The following letter-notices of pro within 2 miles thereof) over regular thence^south on North 55th Street to posals to operate over deviation routes routes as follows; from Denver over U.S. Monarch Road, thence east on Monarch for operating convenience only have been Highway 87 (Interstate Highway 25) to Road to North 63d Street, thence south filed with the Interstate Commerce Com junction Colorado Highway 119, thence on North 63d Street to Jay Road, thence mission, under the Commission’s Devia over Colorado Highway 119 to Longmont, east on Jay Road to North 75th Street, tion Rules Revised, 1957 (49 CFR 211.1 and from Denver over U.S. Highway 87 thence south on North 75 th Street to (c) (8)) and notice thereof to all inter (Interstate Highway 25) to junction Base Line Road, thence east on Base ested persons is hereby given as pro Colorado Highway 56, thence over Colo Line Road to North 76th Street, thence vided in such rules (49 CFR 211.1(d) (4)). rado Highway 56 to Berthoud, and return south on North 76th Street to South Protests against the use of any pro over the same routes, serving all inter Boulder Road, thence east on South posed deviation route herein described mediate points and the off-route points Boulder Road to South 80th Street, may be filed with the Interstate Com of Dacono, Freddrick, Evanston, Fire thence south on South 80th Street to merce Commission in the manner and stone, and Mead. ^ * junction Colorado Highway 170, thence form provided in such rules (49 CFR (3) Between Denver, Colo, (including west on Colorado Highway 170 to South 211.1(e)) at any time, but will not oper points within 5 miles thereof) and Long 76th Street, thence south on South 76th ate to'stay commencement of the pro mont, Colo, (including points within 5 Street to Coal Creek Drive, thence south posed operations unless filed within 30 miles thereof) over regular routes as fol and west on Coal Creek Drive to junction days from the date of publication. lows: From Denver over U.S. Highway with Coal Creek, thence south and west Successively filed letter-notices of the 87 (Interstate 25) to junction Colorado along Coal Creek to junction with Colo same carrier under the Commission’s De Highway 52, thence over Colorado High rado Highway 93, thenCe south on Colo viation Rules Revised, 1957, will be num way 52 to junction Colorado Highway rado Highway 93 to junction Colorado bered consecutively for convenience in 119, thence over Colorado Highway 119 Highway 72 in Jefferson County. identification and protests if any should to Lpngmont, and return over the same Thence east and south on Colorado refer to such letter-notices by number. routes, serving all intermediate points; Highway 72 to junction with Jefferson- M otor Carriers of Property and (4) between Denver, Colo, (includ Denver County line, thence north and ing points within 5 miles thereof) and east along the Denver County line to No. MC 43421 (Deviation No. 24), Eldorado Springs, Colo., over regular the point of beginning (except Brighton, DOHRN TRANSFER COMPANY, Post routes as follows; From Denver over Fort Lupton, Platteville, points on U.S. Office Box 1237, Rock Island, HI. 61202, Colorado Highway 72 to junction Colo Highway 85 in Adams and Weld filed June 3, 1968. Carrier’s representa rado Highway 93, thence over Colorado Counties, and the site of the U.S. Atomic tive: Edward G. Bazelon, 39 South La Highway 93 to junction Colorado High Energy Commission Plant at Rocky Salle Street, Chicago, HI. 60603. Carrier way 398, thence over Colorado Highway Flats), as intermediate and/or off-route proposes to operate as a common earner, 398 to Eldorado Springs, Colo., and re points in connection with carrier’s by motor vehicle, of general commodities, turn over the same routes, serving all in regular route points in connection with with certain exceptions, over a deviation termediate points (except the site of the carrier’s regular route service. (Note: route as follows: From junction U.S. U.S. Atomic Energy Commission Plant at Applicant is presently authorized to Highway 40 and Interstate Highway 57, Rocky Flats); and (5) serving points in conduct a portion of the above-described at or near Effingham, HI., over Interstate those parts of Adams, Weld, Larimer, operations in intrastate commerce under Highway 57 to junction Hlinois Highway Boulder, and Jefferson Counties located certificates of public convenience and 16, near Mattoon, HI., thence over u- FEDERAL REGISTER. VOL. 33, NO. 119— WEDNESDAY. JUNE 19, 1968 NOTICES 9049 linois Highway 16 to junction U.S. High for operating convenience only. The Market Street, San Francisco, Calif. way 150, at or near Paris, HI., thence over notice indicates that the carrier is 94105. Carrier proposes to operate as a U.S. Highway 150 to junction U.S. High presently authorized to transport the common carrier, by motor vehicle, of way 40, at or near Terre Haute, Ind., same commodities, over pertinent serv passenger and their baggage, and ex and return over the same route, for ice routes as follows: (1) From Salem, press and newspapers in the same vehicle operating convenience only. The notice Oreg., over U.S. Highway 99E to Port with passengers, over deviation routes as indicates that the carrier is presently land, Oreg., and (2) from Salem, Oreg., follows: (1) From junction unnumbered authorized to transport the same com over U.S. Highway 99E to Portland, highway and Washington Highway 104 modities, over a pertinent service route as Oreg., thence over U.S. Highway 830 (South Point Road Junction) over Wash ington Highway 104 to junction U.S. follows: Between St. Louis, Mo., and (formerly portion U.S. Highway 99) to Indianapolis, Ind., over U.S. Highway 40. junction interstate Highway 5 (formerly Highway 101 (South Discovery Bay Junc portion U.S. Highway 99), thence over tion) , thence over U.S. Highway 101 to No MC 59680 (Deviation No. 64), junction Washington Highway 113 (Dis STRICKLAND TRANSPORTATION Interstate Highway 5 to junction un numbered highway, thence over unnum covery Bay), (2) from junction unnum CO., INC., Post Office Box 5689, Dallas, bered highway and Washington Highway Tex. 75222, filed June 3, 1968. Carrier bered highway to Puyallup, Wash., and return over the same routes. > 104 (South Point Road Junction), over proposes to operate as a common car Washington Highway 104 to junction rier, by motor vehicle, of general com No. MC 107500 (Deviation No. 30), BURLINGTON TRUCK LINES, INC., unnumbered highway (South Center modities, with certain exceptions, over Junction), thence over unnumbered a deviation route as follows: From Little 796 South Pearl Street, Galesburg, HI. 61401, filed June 5,1968. Carrier proposes highway to Center, and (3) from Center Rock, Ark., over Interstate Highway 40 over unnumbered highway to junction to Knoxville, Tenn., thence over Inter to operate as a common carrier, by motor vehicle, of general commodities, with Washington Highway 104 (South Center state Highway 81 to Harrisburg, Pa., and Junction), thence over Washington return over the same route, for operating certain exceptions, over a deviation route as follows: From Moline, HI., over city Highway 104 to junction U.S. Highway convenience only. The notice indicates 101 (South Discovery Bay Junction), that the carrier is presently authorized streets to Davenport, Iowa, thence over city streets to U.S. Highway 61, thence thence over U.S. Highway 101 to junction to transport the same commodities, over Washington Highway 113 (Discovery a pertinent service route as follows: over U.S. Highway 61 to Burlington, Iowa, and return over the same route, for Bay), and return over the same route, for Prom Little Rock, Ark., over U.S. High operating convenience only. The notice way 70 to Memphis, Tenn., thence over operating convenience only. The notice indicates that the carrier is presently indicates that the carrier is presently U.S. Highway 63 via Turrell, Ark., to authorized to transport passengers and Jonesboro, Ark., thence over Arkansas authorized to transport the same com modities, over a pertinent service route the same property, over a pertinent serv Highway 1 to Paragould, Ark., thence ice route as follows: from Seattle via over Arkansas Highway 25 to the Arkan as follows: From Moline, HI., over city streets to U.S. Highway 67, thence over ferry to Winslow, thence over Washing sas-Missouri State line, thence over ton Highway 305 to junction Washington Missouri Highway 25 to Kennett, Mo., U.S. Highway 67 to junction U.S. High way 34, to Monmouth, HI., thence over Highway 3, thence over Washington thence over Missouri Highway 84 to Highway 3 to junction Washington Hayti, Mo., thence over U.S. Highway 61 U.S. Highway 34 to Burlington, Iowa, and return over the same route. Highway 104, thence over Washington to Cape Girardeau, Mo., thence across Highway 104 to junction unnumbered the Mississippi River to junction Illinois M otor Carriers of Passengers highway (South Point Road Junction), Highway 146, thence over Illinois High No. MC 1515 (Deviation No. 456), thence over unnumbered highway via way 146 to junction Illinois Highway 3, Center to junction Washington Highway thence over Illinois Highway 3 to Red GREYHOUND LINES, INC. (Eastern Division), 1400 West Third Street, Cleve 113, thence over Washington Highway Bud, HI., thence over Illinois Highway 113 to Discovery Bay, thence over U.S. 159 to Belleville, HI., thence over Hlinois land, Ohio 44113, filed June 3, 1968. Carrier proposes to operate as a common Highway 101 to Port Angeles, and return Highway 13 to East St. Louis, HI., thence over the same route. over U.S. Highway 66 to junction carrier, by motor vehicle, of passengers Hanois Highway 48, thence over Hlinois and their baggage, and express and news By the Commission. papers in the same vehicle with pas Highway 48 to junction U.S. Highway 54, [ seal] H. Neil G arson, thence over U.S. Highway 54 via Onarga sengers, over a deviation route as follows: Secretary. and Gilman, 111., to junction U.S. High From Washington, Pa., over Interstate way 24, thence over U.S. Highway 24 to Highway 70 to junction Interstate High [F it. Doc. 68-7232; Filed, June 18, 1968; Napoleon, Ohio, thence over U.S. High way 79, thence over Interstate Highway 8:48 a.m.] way 6 to Lorain, Ohio, thence over Ohio 79 to junction Pennsylvania Highway 50, rjrfkway 57 to junction Ohio Highway north of Bridgeville, Pa., thence over [Notice 11901 fo4, thence over Ohio Highway 254 to Pennsylvania Highway 50 to junction Cleveland, Ohio, thence over U.S. High- Interstate Highway 79 at Interchange MOTOR CARRIER APPLICATIONS AND ^le Ohio Turnpike, thence No. 17 (Carnegie Interchange), thence CERTAIN OTHER PROCEEDINGS ^ 0hi? Turnpike to the Pennsyl- over Interstate Highway 79 (Penn- ania Turnpike, thence over the Penn- Lincoln Parkway), to Pittsburgh, Pa., and June 14,1968. syivama Turnpike to Harrisburg, Pa., return over the same route, for operating The following publications are gov nd return over the same route. convenience only. The notice indicates erned by Special Rule 1.247 of the Com mission’s rules ofi practice, published in M£ 77061 (Deviation No. 2), LAR- that the carrier is presently authorized to the F ederal R egister issue of April 20, r w . t r a n s f e r COMPANY, 3000 transport passengers and the same prop erty, over a pertinent service route as 1966, which became effective May 20, fiiS t Avenue NE., Salem, Oreg. 97303, 1966. tivp. 5> 1968- Carrier’s representa- follows: From Pittsburgh, Pa., over Washington Road to junction McMurray The publications hereinafter set forth PortlSdtonno,.«* S ureg- e ? ' 9??nT,r97204. Carrier aSfiCBuildingF’ proposes Road, thence over McMurray Road to reflect the scope of the applications as vehiK ;S W common carrier, by motor Donaldson’s Cross Roads, Pa., thence filed by applicant, and may include {l\Peneral- commodities, with over Hill Church Road to junction U.S. descriptions, restrictions, or limitations as f ^ XCe£ lons’ over a deviation route Highway 19, thence over U.S. Highway which are not in a form acceptable to Salem, Oreg., over In- 19 to Washington, Pa., and return over the Commission. Authority which ulti anTfÎ aghway 5 t0 Portland, Oreg., the same route. mately may be granted as a result of the ovpr ? 4.Canned fruit’ from Salem, Oreg., No.MC 1515 (Deviation No. 4577 (Can applications here noticed will not neces cels Deviation No. 281), GREYHOUND Wfl,h f1Î!rState Highway 5 to jxmction LINES, INC. (Western Division), Market sarily reflect the phraseology set forth W ^hSS°n Highway 410> thence over and Fremont Streets, San Francisco, in the application as filed, but also will Wash ^ j11 BigIlway 410 to Puyallup, Calif. 94106, filed June 5, 1968. Carrier’s eliminate any restrictions which are not ’’ and return over the same routes, representative: W. L. McCracken, 371 acceptable to the Commission. No. Hg-----7 FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9050 NOTICES A pplications A ssigned for O ral H earing Box 128, Altenburg, Mo. 63732. Appli necessary, applicant requests it be held MOTOR CARRIERS OF PROPERTY cant’s representative: Charles H. Tray- at Chicago, 111. ford, 137 East 36th Street, New York, No. MC 79188 (Sub-No. 7), filed March No. MC 129533 (Sub-No. 2) (Republi N.Y. 10016. By application filed March 6, 1, 1968. Applicant: YULE TRUCE cation) , filed January 26, 1968, published 1968, applicant seeks a permit authoriz LINES, INC., 701 West Cleveland Ave F ederal R egister issue of February 8, ing operations, in interstate or foreign nue, Milwaukee, Wis. 53215. Applicant’s 1968, and republished this issue. Appli commerce as a contract carrier by motor representative: Carl L. Steiner, 39 South cant: NATCHEZ TRANSIT LINES, INC., vehicle, over irregular routes of (1) wood La Salle Street, Chicago, 111. 60603. Au No. 3 South Circle, Natchez, Miss. 39120. chips, loose or in bulk, from Altenburg, thority sought to operate as a common Applicant’s representative: Fred J. Mo., to Alton, 111., Calvert City,- Ky., carrier, by motor vehicle, over (I) ir- Hawkins (same address as applicant). and Wickliffe, Ky., and (2) waste wood, regular routes: Transporting (1) gen By application filed January 26, 1968, on pallets, on open trucks, from Pinck- eral commodities (except commodities in applicant seeks a certificate of public neyville, 111., to Altenburg, Mo., under bulk, dangerous explosives, commodities convenience and necessity authorizing contract with National Distillers Prod which because of size or weight require operation, in interstate or foreign com ucts Co., Division of National Distil special equipment, and articles of un merce, as a common carrier by motor lers & Chemical Corp.,' of New York, usual value), (a) between points in vehicle, over regular routes, of pas N.Y. An order of the Commission, Illinois within a 50-mile radius of Prince sengers, their baggage, express, mail and Operating Rights Board dated May 29, ton, '111., including Princeton, and (b) newspapers in the same vehicle with 1968, and served June 12, 1968, finds between points in Illinois, within a 50- passengers, between Natchez and Hat that operation by applicant, in inter mile radius of Princeton, 111., including tiesburg, Miss., from Natchez over U.S. state or foreign commerce, as a con Princeton, on the one hand, and, on Highways 61 and 84 to Washington, tract carrier by motor vehicle, over the other, points in Illinois, located more thence over U.S. Highway 84 to Prentiss, irregular routes, of wood chips, from than 50 miles from Princeton, 111., re thence over Mississippi Highway 42 to Altenburg, Mo., to Alton, 111., Calvert stricted to shipments originated at or junction Mississippi Highways 42 and 44, City, Ky., and Wickliffe, Ky.; and waste destined to points within 50 miles of thence over Mississippi Highway 42 to wood, from Pinckneyville, 111., to Alten Princeton, 111.; (2) general commodities, junction U.S. Highway 40, thence south burg, Mo., under a continuing contract’ between points in Illinois, within a 15- on U.S. Highway 49 to Hattiesburg, Miss., with National Distillers Products Co., mile radius of Peoria, 111., including and return over the same route; and Division of National Distillers & Chemical Peoria; and (II) Regular routes: Gen over irregular routes, of passengers and Corp., of New York., N.Y., will be con eral commodities (except commodities in their baggage, in the same vehicle with sistent with the public interest and the bulk, dangerous explosives, commodities passengers, in charter operations, from national transportation policy; that which because of size or weight require points on the route described above, applicant is fit, willing, and able properly special equipment, and articles of un extending to points in the United States to perform such service and to conform usual value), serving the site of the (excluding Hawaii). An order of the to the requirements of the Interstate Dresden Nuclear Power Station in Commission. Operating Rights Board Commerce Act and the Commission’s Grundy County, 111., as an off-route point dated May 31, 1968 and served June 10, rules and regulations thereunder. Be in connection with applicant’s regular 1968, finds that the present and future cause it is possible that other persons, routes. public convenience and necessity require who have relied upon the notice of the (in ) Route 1: Between Chicago and operation by applicant, in interstate or application as published may have an Peoria, 111., over Illinois Highway 71 or foreign commerce, as a common carrier interest in and would be prejudiced by U.S. Highway 66 to Illinois Highway 53, by motor vehicle, over regular routes, of the lack of proper notice of the authority thence over U.S. Highway 66 to junction passengers, and their baggage, express, described in the findings in this order, a U.S. Highway 24, thence over U.S. High and newspapers, in the same vehicle with notice of the authority actually granted way 24 to Illinois Highway 8, and return passengers, between Natchez, Miss., and will be published in the F ederal R egister over the same route; serving all inter Hattiesburg, Miss., from Natchez over and issuance of a certificate in this pro mediate points and the off-route points U.S. Highway 84 to Prentiss, thence over ceeding will be withheld for a period of of Spring Forest, Lemont, Braidwood, and Mississippi Highway 42 to junction U.S. 30 days from the date of such publica Braceville. Highway 49, thence over U.S. Highway tion, during which period any proper Route 2: Between Chicago and Peoria, 49 to Hattiesburg, and return over the party in interest may file a petition to 111., over Illinois Highway 171 or U.S. same routes, serving all intermediate reopen or for other appropriate relief Highway 66 to junction U.S. Highway 6, points; that applicant is fit, willing, and setting forth in detail the precise manner thence over U.S. Highway 6 to Illinois able properly to perform such service and in which it has been so prejudiced. Highway 29, and return over the same to conform to the requirements of the A pplications for Certificates or P er -route, serving all intermediate points and Interstate Commerce Act and the Com the off-route points of Spring Forest, mission’s rules and regulations there mits W hich I s T o B e P rocessed Con currently W ith Applications Under Lemont, Morris and Utica. under. Because it is possible that other Route 3: Between Chicago and Peoria, parties, who have relied upon the notice Section 5 G overned by S pecial R ule 1.240 to the Extent A pplicable 111., over U.S. Highway 34 to Illinois of the application as published, may have Highway 89 or Illinois Highway 26 and an interest in and would be prejudiced by No. MC 69901 (Sub-No. 18), filed May Illinois Highway 29, and return over the the lack of proper notice of the authority 27, 1968. Applicant: COURIER-NEW- same route, serving all intermediate described in the findings in this order, SOM EXPRESS, INC., Post Office Box points and the off-route points of Forest a notice of the authority actually granted 509, Columbus, Ind. 47201. Applicant’s Park, Aurora, Montgomery, Bristol, Le- will be published in the F ederal R egister representative: Carl L. Steiner, 39 South land, and Earlville. and issuance of a certificate in this pro La Salle Street, Chicago, 111. 60603. Au Route 4: Between Chicago and Peoria* ceeding will be withheld for a period of thority sought to operate as a cornmon 111., over Illinois Highway 171 or U.S. 30 days from the date of such publica carrier, by motor vehicle, over irregular Highway 66 to junction U.S. Highway oi, tion, during which period any proper routes, transporting: General commod thence over U.S. Highway 52 to ju n ctio n party in interest may file a petition to ities (1) between points in Illinois with U.S. Highway 51, thence over U.S. High reopen or for other appropriate relief in 50 miles of Rockford, 111., and (2) be way 51 to Illinois Highway 116, and re setting forth in detail the precise man tween points in Illinois within 50 miles turn over the same route, serving all in ner in which it has been so prejudiced. of Rockford, 111., on the oije hand, and, termediate points and the off-roUte on the other, points in Illinois located No. MC 129745 (Sub-No. 1) (Republi points of Spring Forest, Lemont, W h ite more than 50 miles from Rockford, 111. Willow, Dimmick, La Salle, Oglesby, ana cation), filed March 6, 1968, published Note: This application'is a matter di Minonk. F ederal R egister issue March 21, 1968, rectly related to Docket No. MC-F-10140, Route 5: Between Chicago and Peoria, and republished this issue. Applicant; published F ederal R egister issue of 111:, over Illinois Highway 171 or u g B & R TRUCKING COMPANY, INC., June 5, 1968. If a hearing is deemed Highway 66 to junction Illinois Highw y FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9051 53, thence over Illinois Highway 53 to Route 12: Between Metamore and La No. MC-F-10061, published F ederal junction U.S. Highway 66, thence over Moille, HI., over Illinois Highway 89, and R egister issue of March 13, 1968. If a U.S. Highway 66 to Illinois Highway 116, return over the same route, serving all hearing is deemed necessary, applicant and return over the same route, serving intermediate points and the off-route requests it be held at Milwaukee, Wis., all intermediate points and the off-route point of Peru. and Chicago, HI. points of Spring Forest, Lemont, Braid- Route 13: Between Streator and A pplications Under S ections 5 and wood, Braceville, Gardner, Dwight, Odell, Henry, HI., over Hlinois Highway 18, and 210a(b) Pontiac, and Spires. return over the same route, serving all Route 6: Between Chicago and Peoria, intermediate points. The following applications are gov HI., over Illinois Highway 171 or U.S. Route 14: Between Roanoke, HI., and erned by the Interstate Commerce Com Highway 66 to junction U.S. Highway 45, the junction of Hlinois Highway 17 and mission’s special rules governing notice of thence over U.S. Highway 45 to junction Hlinois Highway 116A, over Hlinois High filing of applications by motor carriers Illinois Highway 7, thence over Illinois ways 116 and 116A, and return over the of property or passengers under sections Highway 7 to junction Illinois Highway same route, serving all intermediate 5(a) and 210a(b) of the Interstate Com 53, thence over Illinois Highway 53 to points and the off-route point of Benson. merce Act and certain other proceedings junction U.S. Highway 66, and thence Route 15: Between the junction of with respect thereto. (49 CFR 1.240). over U.S. Highway 66 to U.S. Highway 24, U.S. Highway 6 and Illinois Highway 178 MOTOR CARRIERS OP PROPERTY and return over the same route, serving and Lowell, HI., over Hlinois Highway all intermediate points and the off-route, 178, and return over the same route, No. MC-F-9681 (Supplement) (TER points of Justice Park, Braidwood, Brace MINAL TRANSPORT CO., INC.—Pur serving all intermediate points and the chase (Portion)—DIXIE HIGHWAY ville, Gardner, Dwight, Odell, and off-route point of Deer Park. Pontiac. EXPRESS, INC.), published in the Route 16: Between the junction of March 1, 1967, issue of the F ederal Route 7: Between Chicago and Peoria, U.S. Highway 34 and Hlinois Highway 47 HI., over Illinois Highway 171 or U.S. R egister, on page 3430. By petition filed and the junction of U.S. Highway 66 and June 12,1968, Applicants seek the joinder Highway 66 to junction U.S. Highway 45, Hlinois Highway 47, over Hlinois High thence over U.S. Highway .45 to junction of TEXAS GAS TRANSMISSION COR way 47, and return over the same route, PORATION, 3800 Frederica Street, US. Highway 6, thence over U.S. High serving all intermediate points and the way 6 to Illinois Highway 29, and return Owensboro, Ky. 42301, as a party in off-route point of Bristol. control of the vendee corporation. over the same route, serving all inter Route 17:. Between Seneca, HI., and mediate points and the off-route points No. MC-F-9921 (Republication) of Justice Park, Rockdale, Morris, Utica, the junction of Hlinois Highway 17 and (BOWMAN TRANSPORTATION, INC.— Princeton, Henry, and Rome. Hlinois Highway 170, over Illinois High Purchase (Portion)—ALABAMA HIGH way 170, and return over the same route, WAY EXPRESS, INC.), published in the Route 8: Between Chicago and Peoria, serving all intermediate points. HI., over Illinois Highway 171 or U.S. November I, 1967, issue of the Federal Highway 66 to junction U.S. Highway 45, Route 18: Between Plainfield, HI., and R egister, on page 15141. As originally thence over U.S. Highway 45 to junction the junction of Hlinois Highway 59 and published, purchase by B O W M A N Illinois Highway 7, thence over Illinois U.S. Highway 66 or the junction of H- TRANSPORTATION, INC. (Bowman), Highway 7 to junction U.S. Highway-52, l i n o i s Highway 129 and I l li n o i s Highway of a portion of the operating rights of thence over U.S. Highway 52 to junction 53, over Illinois Highway 59, U.S. High ALABAMA HIGHWAY EXPRESS, INC. US. Highway 51, thence over US. High way 66 and Illinois Highway 129, and re (Express), was proposed. By amend way 51 to junction Illinois Highway 116, turn over the same route, serving all in ment, considered in the report and rec and thence over Illinois Highway 116 to termediate points and the off-route ommended order served June 7, 1968, ad Hlinois Highway 87, and return over the points of Blodgett and Drummond. ditional authority of Express would be same route, serving all intermediate Route 19: Between the junction of purchased by Bowman. As directed by points and the off-route points of Justice U.S. Highway 34 and Hlinois Highway 65 the hearing examiner, this notice de Park, White Willow, Dimmick, La Salle, and the junction of Illinois Highway 31 scribed all of the authority which is to be Oglesby, and Minonk. and U.S. Highway 34, over Hlinois High purchased, and which the recommended Route 9: Between Chicago and Peorii ways 65 and 31, and return over the same order would grant. General commodities, Ul., over Illinois Highway 171 or U.£ route, serving all intermediate points. except classes A and B explosives, house Highway 66 to junction U.S. Highway 4£ Route 20: Between Chicago, and hold goods as defined by the Commission, thence over U.S.. Highway 45 to junction Bloomington, HI., over U.S. Highway 66, commodities in bulk, and those requiring hlinois Highway 7, thence over Ulinoi and return over the same route, serving special equipment, as a common carrier, Highway 7 to junction Illinois Highwa all intermediate points and the off-route over irregular routes, from rail sidings r* «-hence over Illinois Highway 53 t points of Summit, Joliet, Elwood, Wil at certain specified points in Alabama, to TTaCtlS? U-S- Highway 66, thence ove mington, Braidwood, Godley, Braceville, points in Alabama within 75 miles of u.s Highway 66 to junction Ulinoi Gardner, Dwight, Odell, Pontiac, Ballard, each of the same points, from rail sidings U6, thence over Illinois High and Normal. Also, to serve all inter at certain specified points in Mississippi, 116 Hlinois Highway 87, and re mediate termini and off-route points de to points in Mississippi within 50 miles of I mov5 to® - same route, serving a] scribed in Routes 1 to 20, both inclusive, each of the same points, from rail sidings 2 “ ^ Points and the off-rout between all points in both directions, and at certain specified points in Tennessee, ^hstice Park, Braidwooc to serve Argo, Bellwood, Bensenville, to points within 50 miles of each of the E ™Gardner’ Dwight, Odell, Pon Blue Island, Broadview, Calumet City, same points, with restriction; between tiac, and W oodford. Calumet Park, Chicago Heights, Clear Louisville, Ky., on the one hand, and, on « * * * 10: Between Leland and Pon ing, Congress Park, Des Plaines, Dolton, the other, points in Indiana, and Ten S r ? 1;’ ove^_ Hlinois Highway 23, am Evanston, Evergreen Paris, Forest Park, nessee, certain specified points in Flor intprmJrr6* tile sattle route, serving aJ Franklin Park, Harvey, Mannheim, ida, Hlinois, and Ohio, with restrictions; Markham, Maywood, Melrose Park, Oak household goods as defined by the Com MM“ tSkerP° 48 “ d off’TOBli Lawn, Oak Park, Park Ridge, Proviso, mission, between Birmingham, Ala., on Rmite 11: Between Dwight and Spar Riverdale, River Forest, River Grove, the one hand, and, on the other, points imctl™ ni?TeT HliI,ois Highway 17 t Schiller Park, and Waukegan, HI., as off- in Mississippi, Ten n essee, Florida, Ulinoi«? w E 018 Hlghway 18, thence ove route points which off-route points may Georgia, Louisiana, and Virginia. Highwa^m^ 18 ^ junction Ulinoi be- served from the most convenient au Tires and tubes, in shipments weigh waTm ¿ 7?^the.nce wer Hlinois High thorized highway or highways designated ing not less than 10,000 pounds each turn Highway 17, and re herein, using any available highway be from any one consignor, from Cumber intermedia^6 sai? e route* serving a] tween such highways and any such off- £°mts and the off-rout route points, restricted to service within land, Md., and points within 10 miles of the state of Hlinois. Note: This applica Cumberland, to certain specified points Cutter aw V S . 4*’ Blackstonf tion is a matter directly related to Docket in Alabama, with restriction; tire fabric FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19; 1968 9052 NOTICES in shipments weighing not less than Iron and steel, and iron and steel arti one hand, and, on the other, points in 15,000 pounds each from any one con cles, from Bartonville, HI., to points in Alabama, Arkansas, Florida, Georgia, Il signor, from certain specified points in Alabama, Mississippi, and Tennessee, linois, Indiana, Iowa, Kansas, Kentucky, Georgia, and Decatur, Ala., to Cumber with restriction; conduit (except com Louisiana, Michigan, Minnesota, Missis land, Md., and points within 10 miles modities that require special handling or sippi, Missouri, Nebraska, North Dakota, of Cumberland, with restriction; empty rigging because of size or weight, and "Ohio, Oklahoma, Pennsylvania, South spools, winding cores, core discs, and core oilfield and pipeline commodities as Dakota, Tennessee, Texas, and Wis protectors, from Cumberland, Md., and defined in Mercer Extension—Oil Field consin. points within 10 miles of Cumberland, Commodities, 74 M.C.C. 459), from Fair- No. MC-F-10019 (Supplement) (COM to certain specified points in Georgia, and bury, HI., to points in Alabama, Georgia, MERCIAL CARRIERS, INC.—Purchase Decatur, Ala.; tires, tubes, and rubber Florida, Louisiana, Mississippi, North (Portion)—CONVOY CO.), published in products, from Cumberland, Md., to At Carolina, South Carolina, and Tennes the January 31, 1968, issue of the Fed lanta, Ga., with restriction; canned see; iron and steel articles, between the eral R egister, on page 2410. By petition goods, from Louisville, Ky., Macon, Miss., plantsite and storage facilities of Price filed June 6, 1968, Applicants seek the points in Indiana and Tennessee, cer Brothers Co. at Dayton, Ohio, and the joinder of TEXAS GAS TRANSMISSION tain specified points in Illinois, Ohio, and plantsite and storage facilities of Price CORPORATION, 3800 Frederica Street, points in that part of Georgia on and west Brothers Co. at Hattiesburg, Miss.; from Owensboro, Ky. 42301, as a party in con of U.S. Highway 129, to points in Ala the plantsite of Jones & Laughlin Steel trol of the vendee corporation. bama, except Birmingham, Ala., and Corp., located in Putnam County, HI., No. MC-F-10059 (Supplement) (TER points within 65 miles thereof, with re to points in Alabama, Florida, Georgia, MINAL TRANSPORT CO., INC.—Pur striction; glass containers, from Streator, Louisiana, Mississippi, and Tennessee, chase (Portion)—PULASKI HIGHWAY 111., Gas City, Ind., and Columbus, Ohio, with restrictions; materials, equipment, EXPRESS, INC.), published in the to points in Alabama, except points in and supplies\ used in the manufacture March 6, 1968, issue of the Federal Reg Mobile County, Ala., and except Birming and processing of iron and steel'articles, ister, on page 4235. By petition filed ham, Ala., and points within 65 miles from points in Alabama, Florida, Geor June 6, 1968, Applicants seek the joinder thereof, with restriction; fruit juices, gia, Louisiana, Mississippi, and Tennes of TEXAS GAS TRANSMISSION COR jams, jellies, preserves, vinegar, and apple see, to the plantsite of Jones & Laughlin PORATION, 3800 Frederica Street, products, from Winchester, Va., and Steel Corp., located in Putnam County, Owensboro, Ky. 42301, as a party in con points within 50 miles thereof, to points 111., with restrictions; mineral wool and trol of the vendee corporation. in Alabama and Mississippi, - with re mineral wool cement, from the plantsite No. MC-F-10152. Authority sought for striction; fiber pipe and fiber pipe fit of Rock Wool Manufacturing Co. at or purchase by THE O’BRIEN & NYE tings, iron and steel, and iron and steel near Leeds, Ala., to points in Kentucky; CARTAGE CO., 308 Central Viaduct, articles, from certain specified points in plastic pipe, plastic or iron fittings and Cleveland, Ohio 44115, of the operating Alabama, to points in Arkansas and connections, valves, hydrants, and gas rights of THE RATHBUN CARTAGE Oklahoma, with restriction; cement as kets, from the site of the plant and ware COMPANY, 20 Vance Street, Toledo, bestos products (except conduit and pipe house facilities of the Clow Corp., located Ohio 43602, and for acquisition by M. J. which because of size, shape, weight or near Lincoln, Talladega County, Ala., to O’BRIEN, 21111 Chagrin Boulevard, inherent character, require the use of points in Arkansas, Florida, Georgia, Illi Cleveland, Ohio 44122, of control of such special equipment), and nois, Indiana, Kentucky, Louisiana, Mis- rights through the purchase. Applicants’ Fittings, materials, and accessories, for sippi, Missouri, North Carolina, Okla attorney: J. A. Kundtz, 1050 Union Com the installation or transportation there homa, South Carolina, Tennessee, Texas, merce Building, Cleveland, Ohio 44115. of (except in bulk), and plastic pipe and Virginia, and West Virginia; Operating rights sought to be transfer pipe fittings in mixed loads with cement Polyvinylchloride (except in bulk), red : Household goods, as a common car asbestos products, from Ragland, Ala., to from points in Texas, Louisiana, and r i e r over irregular routes, between points in Florida, Georgia, Kentucky, Kentucky, to the site of the plant and Toledo, Ohio, on the one hand, and, on Louisiana, Mississippi, and Virginia, from warehouse facilities of the Clow Corp. the other, St. Louis, Mo., and points in Ragland, Ala., to points in Alabama, near Lincoln, Talladega County, Ala.; Ohio, Illinois, Indiana, Michigan, Penn North Carolina, South Carolina, and rubber gaskets, from Houston, Tex., to sylvania, New Jersey, and New York; West Virginia; asbestos-cement pipe and the site of the plant and warehouse fa fresh, frozen, and processed meats, lard, pipe fittings, and plastic pipe and pipe cilities of the Clow Corp. near Lincoln, lard compounds and substitutes, butter, fittings, when transported in mixed loads Talladega County, Ala.; plastic fittings, oleomargarine, margarine, bones, chili with asbestos-cement pipe and pipe fit from Pompano Beach, Fla., to the site of con came, oleo oils, poultry, sausage cas tings, from the plantsite of the Orange the plant and warehouse facilities of the ings, cheese, and eggs, and advertising burg Manufacturing Co., located near Clow Corp. near Lincoln, Talladega matter and material used in connection Ravenna, Ohio, to points in Tennessee, County, Ala.; in pending Docket No. MC with the sale and distribution of such Florida, and Georgia, with restrictions; 71516 Sub-74, seeking a certificate of commodities, in vehicles equipped with ceramic products, tile, and tile cement, public convenience and necessity, cov mechanical refrigeration, from Toledo, from Florence, Ala., to Lexington, Ky.; ering the transportation of iron and steel Ohio, to certain specified points m boards, building, wall, or insulating, and and iron and steel articles (except those Michigan and Ohio; and meats, meat materials and supplies included in the requiring special equipment and oilfield products, meat byproducts, dairy prod installation of the above-named com pipe as defined in T. E. Mercer Extension, ucts, and articles distributed by meat modities, from the plantsite and storage 46 M.C.C. 845), over irregular routes, packing houses, as described'in sections facilities of the Armstrong Cork Co., at from Sterling and Rock Falls, HI., to A, B, and C of appendix I to the report or near Macon, Ga., to points in Ala points in Alabama, Florida, Georgia, in Descriptions in Motor Carrier Certifi bama, Tennessee, Kentucky, Illinois, Kentucky' (except Henderson, Louisville, cates, 61 M.C.C. 209 and 766, from Indiana, Ohio, and Michigan, from the Owensboro, and Paducah) and Tennes Toledo, Ohio, to certain specified points plantsite and storage facilities of the see; and in pending Docket No. MC-71516 in Ohio. Vendee is authorized to operate Armstrong Cork Co., at or near Pensa Sub-84, seeking a certificate of public as a common carrier in Ohio and Penn^ cola, Fla., to points in Georgia and Mich convenience and necessity, covering the sylvania. Application has not been in igan; general commodities, except classes transportation of iron and steel, iron and for temporary authority under sect steel articles, and equipment, materials A and B explosives, commodities in bulk, oib MC-F-10153. Authority sought and commodities requiring special equip and supplies used in the manufacture or processing of iron and steel articles, over purchase by LITTLE AUDRE ment, between the plantsite of Revere kNSPORTATION COMPANY, INU Copper and Brass, Inc., near Scottsboro, irregular routes, between points in the Ala., on the one hand, and, on the other, Chicago, HI., commercial zone as de ; Ofiace Box 129, Fremont, New. fined by the Commission, Joliet and 55, of a portion of the operating points in Alabama, Florida, Tennessee its Of SHAFFER TRUCKING, INC., (except Chattanooga), Kentucky, Illi Waukegan, HI., and Gary, Ind., Harbor, nois, Indiana, and Ohio. East Chicago and Portage, Ind., on the r Kingstown, Pa. 17072, and fo FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9053 quisition by MIDWEST EMERY rights and property through the trans Scotia, and Prince Edwards Island, Can FREIGHT SYSTEM,. INC., and, in turn action. Applicants’ attorney: Mary E. ada. The authority granted in section by MILTON D. RATNER, both of 7000 Kelley, 10 Tremont Street, Boston, Mass. (B) above shall not be severable, by sale South Pulaski Road, Chicago, HI. 60629, 02108. Operating rights sought to be or otherwise, from the regular-route au of control of such rights through the merged (A) General commodities, ex thority authorized in section (A) herein. purchase. Applicants’ attorneys: Axel cepting, among others, household goods (C) General commodities, except com rod, Goodman, and Steiner, 39 South La and commodities in bulk, as a common modities in bulk, and those exceeding Salle Street, Chicago, 111. 60603, and carrier, over regular routes, between Har ordinary loading and equipment facili James W. Hagar, Post Office Box 432, mony, Maine, and Boston, Mass., be ties, over irregular routes, between Port Harrisburg, Pa. 17108. Operating rights tween Princeton, Maine, and Waterville, land, Maine, on the one hand, and, on sought to be transferred: Confectionery, Maine, between Old-Town, Maine, and the other, certain specified points in syrups, sauces, towings, and chocolate Brunswick, Maine, between Bangor, Maine, between certain specified points products (except in bulk, in tank vehi Maine, and Portland, Maine, between. in Maine, on the one hand, and, on the cles) , and advertising materials, displays, Newport, Maine, and Bangor, Maine, other, points in New Hampshire and dispensing equipment, and premiums between Dexter, Maine, and Guilford, Rhode Island, and points in that part of moving in connection with confectionery, Maine, serving intermediate points in Massachusetts on and east of U.S. High syrups, sauces, toppings and chocolate Maine, New Hampshire, and that part way 5; heavy machinery, contractors’ products (except in bulk, in tank vehi of Massachusetts within 10 miles of the equipment, and household goods as de cles) , as a common carrier, over irregu State House, Boston, Mass., without re fined by the Commission, between points lar routes, from the plantsite of the Her- striction, all other intermediate points in. Maine, on the one hand, and, on the shey Chocolate Corp., at Oakdale, Calif., in Massachusetts restricted to pickup other, points in New Hampshire, to points in Arizona, Colorado, Idaho, and delivery of traffic moving to or from Vermont, Massachusetts, Connecticut, Montana, Nevada, New Mexico, Oregon, points north of the New Hampshire- Rhode Island, New York, New Jersey, Texas, Utah, Washington, and Wyo Massachusetts State line, and the off- Pennsylvania, and Delaware; fiberboard, ming. Vendee is authorized to operate as route points of Millinocket, East Mil- pulpboard, and wallboard, from Lisbon a common carrier in Kansas, New linocket, Medway, and Brownville, Falls, Maine, to points in Vermont and Mexico, Arizona, Texas, California, Colo Maine, points in Maine on and south of Connecticut, and those in that part of rado, Illinois, Iowa, Missouri, Nebraska, Maine Highway 16, points in Maine Massachusets west of U.S. Highway 5; South Dakota, Nevada, Wisconsin, Min within 25 miles of Harmony, and those wood plugs and wood bars, between cer nesota, Indiana, Oklahoma, Utah, Ore points within 10 miles of State House, tain specified points in Maine, on the gon, Washington, Montana, Kentucky, Boston, Mass., without restriction, and one hand, and, on the other, Nashua and Michigan, Ohio, Pennsylvania, West Vir Worcester, Mass., and all other points Farmington, N.H.; canned goods, pota ginia, Virginia, Maryland, Delaware, New within 35 miles of the State House, Bos toes, manufactured forest products, Jersey, New York, Connecticut, Rhode ton, Mass., restricted to pickup and de paper products, wool, and shoddy, from Island, Massachusetts, Vermont, New livery of traffic moving to or from points points in Maine on and south of Maine Hampshire, Maine, Idaho, and the Dis north of the Massachusetts-New Hamp Highway 16, to certain specified points trict of Columbia. Application has not shire State line. in New Hampshire; canned goods, been filed for temporary authority. Dairy products, fresh fruits, and vege ranges, and cloth, from points in Maine No. MC-F-10154. Authority sought for tables, and such merchandise as is dealt on and south of Maine Highway 16, to control and merger by BI-STATE EX in by wholesale and retail grocery stores, certain specified points in Rhode PRESS, INC., Old Fairfield Road, Mount between Boston, Mass., and Bangor, Island; canned goods, from points in Vernon, HI. 62864, of the operating rights Maine, serving intermediate and off- Maine on and south of Maine Highway and property of BORAH TRUCK LINE, route points within 10 miles of the State 16, to Fitchburg, Mass.; and sugar, from INC., 516 Southeast Fourth Street, Fair- House, Boston, Mass., between Smith- Boston and Somerville, Mass., to certain field, H I. 62837, and for-acquisition by town, N.H., and Boston, Mass., between specified points in Maine. QUINN HAROLD W. KOEHN, JOHN T. BLANK- Newburyport, Mass., and Boston, Mass., FREIGHT LINES, INC. is authorized to INSHIP, both of Dewey Street, Murphys- serving all intermediate points; milk and operate as a common carrier in Massa boro, H I., and H. VAN FERRILL, 3204 cream and empty containers therefor, chusetts, New Hampshire, New York, Blackbury, Mount Vernon, HI., of control between Boston, Mass., and Harmony, Vermont, Maryland, West Virginia, of such rights and property through the Maine, serving intermediate and off- Pennsylvania, Rhode Island, New Jer transaction. Applicants’ attorneys: Er route points within 20 miles o f the State sey, Connecticut, Maine, Delaware, Vir nest A. Brooks n , 1311 Ambassador House, Boston, Mass., and points within ginia, and the District of Columbia. Building, St. Louis, Mo. 63101, and 60 miles of Harmony; general commodi Application has not been filed for tem Gregory M. Rebman, 314 North Broad ties, „except commodities in bulk, and porary authority under section 210a(b). way, St. Louis, Mo. 63102. Operating those exceeding ordinary loading and N o t e : QUINN FREIGHT LINES, INC. rights sought to be controlled and equipment facilities, between Providence, controls MAINE-BORDER FREIGHT- merged: General commodities, excepting, R.I., and Bangor, Maine, between Provi WAYS, through ownership of capital among others, household goods and com dence, R.I., and Smithtown, N.H., be stock pursuant to authority granted in modities in bulk, as a common carrier, tween Boston, Mass., and Barre, Mass., Docket No. MC-F-8804, by Finance over regular routes, between Fairfield, between Boston, Mass., and Lowell, Board No. 1, August 25, 1965, and con hi., and Evansville, Ind., serving the in Mass., between Boston, Mass., and Law summated October 8, 1965. termediate points of Albion and Mount rence, Mass., between Portland, Maine, No. MC-F-10156. Authority sought for armel, 111., with restriction, between and Augusta, Maine, between Bruns purchase by JOHNNY BROWN’S, INC., airfield, H I., and St.'Louis, Mo., between wick, Maine, and Bangor, Maine, serving 6801 Northwest 74th Avenue, Miami, ot. Louis, Mo., and Fairfield, HI., serving all intermediate points; (B) general Fla. 33166, of the operating rights of ^Torn intermediate and off-route points. commodities, excepting, among others, RUKE TRANSPORT LINE, INC., Post EXPRESS, INC., is author- Office Drawer 190, Fort Myers, Fla., and ea to operate as a common carrier in household goods and commodities in bulk, between Old Town, Maine, and the for acquisition by JOHN E. BROWN, hp^°^i Missouri- Application has not port of entry located on the United also of Miami, Fla., of control of such -Trrnied for temporary authority under section 210a(b). States-Canada boundary line at or near rights through the purchase. Applicants’ Houlton, Maine, between Mattawam- attorneys: Guy H. Postell and Archie B. m ° i 55 • Authority sought for keag, Maine, and Medway, Maine, Re Culbreth, 1273 West Peachtree Street TNTnSe,n^ to QUINN FREIGHT LINES, striction: The service authorized in NE., Atlanta, Ga. 30309. Operating rights trm iv/r 93 North Montello Street, Brock- section (B) above is subject to the follow sought to be transferred: Frozen foods, anrt ^ ass‘ 02403, of the operating rights ing conditions: as a common carrier, over irregular FRm Of MAINE -BORDER The operations authorized in section routes, from New York, N.Y., to Jackson Street^IRTWAYS’ 1093 Norttl Montello ar.mS\fBr°^kton’ Mass- 02403,. and for (B) above are restricted to the transpor ville, Palatka, Miami, Key West, and ofTrnilT1 by THOMAS J. LYONS, also tation of traffic moving to or from points Camp Blanding, Fla.; paint, from New kton, Mass., of control of such in the provinces of New Brunswick, Nova York, N.Y., to points in Florida, and FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 9054 NOTICES fresh fruits and vegetables, from points under section 210a(a) of the Interstate LINES, INC., No. 1 Global Way, Ana in Florida, Georgia, South Carolina, Commerce Act provided for under the heim, Calif. 92803. Applicant’s repre North Carolina, and Virginia, to New new rules of Ex Parte No. MC-67 (49 sentative: Alan F. Wohlstetter, l York, N.Y. Vendee is authorized to op CFR Part 340) published in the Federal Farragut Square South, Washington, erate as a common 'carrier in Pennsyl R egister, issue of April 27, 1965, effective D.C. 20006. Authority sought to operate vania, Alabama, Illinois, Indiana, July 1, 1965. These rules provide that as a common carrier, by motor vehicle, Kentucky, Michigan, Missouri, North protests to the granting of an application over irregular routes, transporting: Carolina, Ohio, Tennessee, Wisconsin, must be filed with the field official named Household goods, as defined by the Com West Virginia, Rhode Island, New in the Federal R egister publication, mission, between points in North Dakota, York, New Jersey, Virginia, ~ South within 15 calendar days after the date of South Dakota, and Wyoming, restricted Carolina, Georgia, Arkansas, Texas, notice of the filing of the application is to shipments having a prior or subse Florida, Louisiana, Maryland, Dela published in the Federal R egister. One quent movement beyond said points. ware, and the District of Columbia; and copy of such protest must be served on Note: The applicant does not intend to as a contract carrier in Wisconsin, the applicant, or its authorized repre tack the authority here applied for to Florida, New York, Georgia, Massachu sentative, if any, and the protests must other authority held by it, or to interline setts, and Louisiana. Application has certify that such service has been made. with other carriers for 180 days. Sup been filed for temporary authority under The protests must be specific as to the porting shippers: Global Van Lines, Inc., section 210a(b). service which such protestant can and International Division, No. 1 Global Way, No. MC-F-10157. Authority sought for will offer, and must consist of a signed Anaheim, Calif. 92803; Universal World- purchase by WORSTER MOTOR original and six copies. Wide Movers, Division of Universal Car LINES, INC., East Main Road, Rural A copy of the application is on file, and loading & Distributing Co., Inc., 711 Delivery No. 1, North East, Pa., of the can be examined at the office of the Third Avenue, New York, N.Y. 10017. operating rights and certain property of Secretary, Interstate Commerce Commis Send protests to: District Supervisor RAYMOND T. SUTTON, 22 Center sion, Washington, D.C., and also in the W. J. Huetig, Interstate Commerce Com Street, Salamanca, N.Y., and for ac field office to which protests are to be mission, Bureau of Operations, Room quisition by DAVID B. WORSTER, West transmitted. 7708, Federal Building, 300 North Los Lake Road, Rural Delivery No. 1, North Angeles Street, Los Angeles, Calif. East, Pa., of control of such rights and Motor Carriers of Property 90012. property through the purchase. Appli No. MC 730 (Sub-297 TA), filed June No. MC 41098 (Sub-25 TA), filed cant’s attorney: William W. Knox, 23 10, 1968. Applicant: PACIFIC INTER June 10, 1968. Applicant: GLOBAL VAN West 10th Street, Erie, Pa. Operating MOUNTAIN EXPRESS CO., 1417 Clay LINES, INC., No. 1 Global Way, Anaheim, rights sought to be transferred: Shoe Street, Post Office Box 958, Oakland, Calif. 92803. Applicant’s representative: last blocks and lumber, as a contract Calif. 94604. Applicant’s representative: Alan F. Wohlstetter, 1 Farragut Square carrier, over irregular routes, from R. N. Cooledge (same address as applhi South, Washington, D.C. 20006. Au Ellicottville and Saiamanca, N.Y., to cant). Authority sought to operate as a thority sought to operate as a com certain specified points in Pennsylvania, common carrier, by motor vehicle, over mon carrier, by motor vehicle, over Lewiston and Auburn, Maine, and points irregular routes, transporting: Dia- irregular routes, transporting: House in Massachusetts; lumber, from Ellicott tomaceous earth, in bulk, in pneumatic hold goods, as defined by the Commission, ville and Salamanca, N.Y., to Arlington, trailers, from Colado, Nev., to Bakers (a) between points in Maine, Vermont, Vt., Ivoryton and. Bridgeport, Conn., field, Calif., for 150 days. Supporting and New Hampshire, restricted to ship and Nashua, N.H.; shoe last blocks, shipper: Eagle-Picher Industries, Inc., ments having a prior or subsequent from Galeton, Pa., to Ellicottville and Post Office Box 1869, Reno, Nev. 89505. movement beyond said points; and, (b) Salamanca, N.Y.; and plastic scrap, Send protests to: District Supervisor between points in Maine, Vermont, and from points in Massachusetts, to Elli William E. Murphy, Interstate Com New Hampshire, on the one hand, and, cottville and Salamanca, N.Y.; Restric merce Commission, Bureau of Opera on the other, the Port of Boston, Mass., tion: The operations authorized herein tions,, -450 Golden Gate Avenue, Box restricted to shipments having a prior or are limited to the transportation service 36004, San Francisco, Calif. 94102. subsequent movement beyond the Port of to be performed, under a continuing No. MC 41098 (Sub-No. 23 TA) , filed Boston. Note: The applicant does not contract, or contracts, with Fitzpatrick June 10, 1968. Applicant: GLOBAL VAN intend to tack the authority here applied & Weller, Inc., Ellicottville, N.Y. Vendee LINES, INC., No. 1 Global Way, Ana- for the other authority held by it, or is authorized to operate as a common -heim, Calif. 92803. Applicant’s repre to interline with other carriers, for 180 carrier in Maine, Rhode Island, Vir sentative: Alan F. Wohlstetter, 1 Farra- days. Supporting shippers: Global Van ginia, Massachusetts, New York, New gut Square South, Washington, D.C. Lines, Inc., International Division, No. 1 Jersey, Pennsylvania, Connecticut, 20006. Authority sought to operate as a Global Way, Anaheim, Calif. 92803; New Hampshire, Vermont, Florida, common carrier, by motor vehicle, over Universal World-Wide Movers, Division Ohio, Illinois, West Virginia, Michi irregular routes, transporting: House of Universal Carloading and Distributing gan, Indiana,- Kentucky, Maryland, hold goods, as defined by the Commis Co., Inc., 711 Third Avenue, New York, Wisconsin, South Carolina, Florida, Ala sion, between points in Arizona and N.Y. 10017. Send protests to: District bama, and the District of Columbia. Nevada, restricted to shipments having Supervisor W, J. Heutig, Interstate Com Application has been filed for temporary a prior or subsequent movement beyond merce Commission, Bureau of Opera ote authority under section 210a(b). N : said points. Note: The applicant does tions, Room 7708, Federal Building, 300 No. MC-109478 Sub-111 is a matter di not intend to tack the authority here North Los Angeles Street, Los Angeles, rectly related. applied for to other authority held by ft, Calif. 90012. No. MC 41098 (Sub-26 TA), filed By the Commission. or to interline with other carriers, for 180 days. Supporting shippers: Global June 10, 1963. Applicant: GLOBAL VAN [seal] H. Neil Garson, Van Lines, Inc., International Division, LINES, INC., No. 1 Global Way, Anaheim, Secretary. No. 1 Global Way, Anaheim, Calif. Calif. 92803. Applicant’s representative: [F.R. Doc. 68-7233; Filed, June 18, 1968; 92803; Universal World-Wide Movers, Alan F. Wohlstetter, 1 Farragut Square 8:48 a.m.] Division of Universal Carloading & Dis South, Washington, D.C. 20006. Author tributing Co., Inc., 711 Third Avenue, ity sought to operate as a common car New York, N.Y. 10017. Send protests to: rier, by motor vehicle, over irregular [Notice No. 630] District Supervisor W. J. Huetig, Inter routes, transporting: Household goods, MOTOR CARRIER TEMPORARY state Commerce Commission, Bureau of as defined by the Commission, between points in Massachusetts, C onnecticut, AUTHORITY APPLICATIONS Operations, Room 7708, Federal Build ing, 300 North Los Angeles Street, Los and Rhode Island, restricted to s h i p June 14,1968. Angeles, Calif. 90012. ments having a prior or subsequent The following are notices of filing of No. MC 41098 (Sub-No. 24 TA) , filed movement beyond said points. Note: in applications for temporary authority June 10, 1968. Applicant: GLOBAL VAN applicant does not intend to interline FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 NOTICES 9055 Washington, Wisconsin, and Wyoming, I with other carriers, nor to tack the au- MOTOR LINES, INC., Route 9, Box 11 A, for 150 days. Supporting shippers: I thority here applied for to other author Hargrave Road, Lexington, N.C. 27292. Haynes Manufacturing Co. (Dick ity held b y it, for 180 days. Supporting Authority sought to operate as a common shippers: Global Van Lines, Inc., Inter carrier, by motor vehicle, over irregular Haynes), Chickasha, Okla.; Lindale Trailer Co. (Arthur Lindale, owner), national Division, No. 1 Global Way, routes, transporting: New furniture, Chickasha, Okla.; Stallion Trailer Co. Anaheim, Calif. 92803; Universal World- from Ronda, N.C., to points in Delaware, (James E. Wilson), Post Office Box 1185, Wide Movers, Division of Universal Car Maryland, Pennsylvania, New Jersey, loading & Distributing Co., Inc., 711 Third New York, Rhode Island, Massachusetts, Chickasha, Okla. 73018. Send protests to: District Supervisor C. L. Phillips, Inter Avenue, New York, N.Y. 10017. Send pro Connecticut, Maine, Vermont, New state Commerce Commission, Bureau of tests to: District Supervisor W. J. Heutig, Hampshire, and the District of Colum Operations, Room 350-American General Interstate Commerce Commission, Bu bia, for 180 days. Supporting shipper: Building, 210 Northwest Sixth, Oklahoma reau of Operations, Room 7708, Federal United Furniture Corp., Lexington, N.C. Building, 300 North LdTs Angeles Street, 27292. Send protests to: Jack K. Huff, City, Okla. 73102. No. MC 127110 (Sub-No. 3 TA), filed Los Angeles, Calif. 90012. District Supervisor, Bureau of Opera No. MC 41098 (Sub-No. 27 TA), filed tions, Interstate Commerce Commission, June 10, 1968. Applicant: FEATURE June 10, 1968. Applicant: GLOBAL VAN BSR Building, Suite 417, 316 East More- FILM SERVICE, INC., 4950 East Pros LINES, INC., No. 1 Global Way, Anaheim, head Street, Charlotte, N.C. 28202. pect Street, Indianapolis, Ind. 46203. Calif. 92803. Applicant’s representative: No. MC 112962 (Sub-No. 8 TA), filed Applicant’s representative: Alki E. Alan F. Wohlstetter, 1 Farragut Square June 11, 1968. Applicant: CRUPPER Scopelitis, 900 Circle Tower Building, South, Washington, D.C. 20006. Authority TRANSPORT CO., INC., 2908 North Indianapolis, Ind. 46204. Authority sought to operate as a common carrier, Plum Street, Hutchinson, Kans, 67501. sought to operate as a common carrier, by motor vehicle, over irregular routes, Applicant’s representative: Clyde N. by motor vehicle, over irregular routes, transporting: Household goods, as de Christey, 641 Harrison Street, Topeka, transporting: Motion picture film, sup fined by the Commission, (a) between Kans. 66603.„Authority sought to operate plies and accessories, theater equipment points in Delaware, restricted to ship as a common carrier, by motor vehicle, and advertising materials used in motion ments having a prior or. subsequent over irregular routes, transporting: Salt picture theaters, between points in In movement beyond said points; and (b) substitute and salt substitute with sea diana. Supporting shippers: (1) Warner between points in Delaware, on the one soning, when shipped in mixed truck- Bros. Seven Arts Distributing Corp., In- hand, and, on the other, the Ports of loads with salt and salt products, from dianpolis, Ind.; (2) Syndicate Theatres, Baltimore, Md., and Philadelphia, Pa.; Hutchinson, Kans., to points in Missouri Inc., Franklin, Ind.; (3) Affiliated Thea restricted to shipments having prior or except St. Joseph and St. Louis, Mo., for tre Service and Howco Films, Indian subsequent movement beyond the Ports 180 days. Supporting shipper: Morton apolis, Ind.; (4) Allied Theatre Owners of Philadelphia, Pa., and Baltimore, Md, Salt Co., 6175 The Paseo, Kansas City, of Indiana, Inc., Indianapolis, Ind. Send Note: The applicant does not intend to Mo. 64110. Send protests to: M. E. Taylor, protests to: District Supervisor James W. tack the authority here applied for to District Supervisor, Interstate Com Habermehl, Bureau of Operations, Inter other authority helij by it, or to interline merce Commission, 906 Schweiter Build state Commerce Commission, 802 Cen with other carriers, for 180 days. Sup ing, Wichita, Kans. 67202. tury Building, 36 South Pennsylvania porting shippers: Global Van Lines, Inc., No. MC 116886 (Sub-No. 37 TA), filed Street, Indianapolis, Ind. 46204. International Division, No. 1 Global Way, June 11, 1968. Applicant: HOWELL’S No. MC 127274 (Sub-No. 16 TA), filed Anaheim, Calif. 92803; Universal World- m o t o r Fr e i g h t , incorporated , June 10, 1968. Applicant: SHERWOOD Wide Movers, Division of Universal Car 2210 Winston Avenue SW., Post Office TRUCKING, INC., 1517 Hoyt Avenue, loading & Distributing -Co., Inc., '711 Box 1529, Roanoke, Va. 24014. Authority Post Office Box 2189, Muncie, Ind. 47302. Third Avenue, New York, N.Y. 10017. sought to operate as a common carrier, Applicant’s representative: Charles Send protests to: District Supervisor by motor vehicle, over irregular routes, Sherwood (same address as above). W. J. Huetig, Interstate Commerce Com transporting: Candy, confectionery, Authority sought to operate as a common mission,. Bureau of Operations, Room chocolate, and related articles and pre carrier, by motor vehicle, over irregular 7708, Federal Building, 300 North Los miums, in refrigerated equipment, be routes, transporting: Cracker meal, Angeles Street, Los Angeles, Calif. 90012. tween Roanoke, Va., and points within cookie meal, flour, and flour products, No. MC 41098 (Sub-No. 28 TA), filed 5 miles thereof, and points in Kentucky, from Richmond, Ind., to Paris, Tex.; June 10, 1968. Applicant: GLOBAL VAN Tennessee, West Virginia, Virginia, Chambersburg, Pa.; Asheville, N.C.; LINES, INC., No. 1 Global Way, Anaheim, North Carolina, South Carolina, Georgia, Carthage, Mo.; Fort Smith, Ark.; Calif. 92803. Applicant’s representative: and Hamilton County, Ohio, for 150 Moberly, Mo., and Rochester, N.Y., for Alan F. Wohlstetter, 1 Farragut Square days. Supporting shipper: Old Dominion 180 days. Supporting shipper: Richmond South, Washington, D.C. 20006. Authority Candies, Inc., Salem, Va. 24153. Send Baking Co., Richmond, Ind. Send protest sought to operate as a common carrier, protests to: George S. Hales, District to : District Supervisor J. H. Gray, by motor vehicle, over irregular routes, Supervisor, Bureau of Operations, In Bureau of Operations, Interstate Com fi'aif Porting: Household goods, as de- terstate Commerce Commission, 215 merce Commission, Room 204, 345 West mmd by the Commission, between points Campbell Avenue, SW., Roanoke, Va. Wayne Street, Fort Wayne, Ind. 46802. ,. i°wa and Minnesota, restricted to 24011. No. MC 129959 TA, filed June 10, 1968. ipments having a prior or subsequent No. MC 116887 (Sub-No. 4 TA), filed Applicant: SOUTHERN CRESCENT beyond said points. N o t e : The June 10, 1968. Applicant: GRIFFIN TERMINALS, INC., 1328 Putnam Drive does not intend to tack the MOBILE HOME TRANSPORTING CO., NW., Post Office Box 3038, Huntsville, t w f 11? here aPPlied for to. other au- 9000 Southeast 29th Street, Oklahoma Ala. 35801. Applicant’s representative: ,, held by it, or to interline with City, Okla. 73110. Applicant’s representa John W. Cooper, 1301 City Federal Build ^ carners, for 180 days. Supporting tive: Jack L. Griffin (same address as ing, Birmingham, Ala. 35203. Authority -S’lPbal Van Lines, Inc., Inter- above). Authority sought to operate as a sought to operate as a common carrier, aT ™ 1 V ision, No. 1 Global Way, common carrier, by motor vehicle, over by motor vehicle, over irregular routes, Wirt^uT1’ Calif- 92803; Universal World- irregular routes, transporting: Horse transporting: Household goods, as loariiJ^°yer^. V isio n of Universal Car- trailers, related parts, materials, and defined by the Commission, between admg & Distribution Co., Inc., 711 accessories, from Chickasha, Okla.,. to Huntsville, Ala., and Redstone Arsenal, ^Av! nue> New York, N.Y. 10017. points in "Alabama, Arizona, Arkansas, Ala., on i;he one hand, and, on the other, W t i t to: -district Supervisor California, Colorado, Florida, Georgia, points within 150 miles of Huntsville, m i«in„e4lg’ interstate Commerce Corn- Idaho, Illinois, Indiana, Iowa, Kansas, except points in Mississippi, restricted 7708 T^Bur.eau of Operations,-Room Kentucky, Louisiana, Michigan, Minne to shipments having prior or subséquent AneeliSif1’^ building, 300 North Los sota, Mississippi, Missouri, Montana, movement in interstate commerce, for Nole\ S e? ’ ^ Anseles, Calif, 90012. Nebraska, Nevada, New Mexico, North 150 days. Supporting shipper: Aerospace June' (Sub 70 TA) filed Dakota, Ohio, Oregon, South Carolina, Consolidators, Inc., 15 South Spokane U. 1968. Applicant: GLOSSON South Dakota, Tennessee, Texas, Utah, Street, Seattle, Wash. 98134. Send FEDERAL REGISTER, V O L 3 3 , NO. 119— WEDNESDAY, JUNE 19, 1968 9056 NOTICES protests to: B. R. McKenizie, District Massachusetts, Michigan, Missouri, Ne Pleasant, New Johnsonville, Memphis, Supervisor, Interstate Commerce Com braska, New York, Ohio, Pennsylvania, and Columbia, Tenn., Selma, Sheffield! mission, Bureau of Operations, Room 823, Virginia, Utah, and Wisconsin, for 180 and Birmingham, Ala., Aberdeen and 2121 Building, Birmingham, Ala. 35203. days. Supporting shipper: Astoria Fibra- Jackson, Miss.; and Ocala and Jackson No. MC 129964 TA, filed June 11, 1968. Steel, Inc., Astoria, 111. Send protests to: ville, Fla., under contract with the Mar Applicant: CLIFFORD PHOEBUS, doing Raymond E. Mauk, District Supervisor, ion Coke Co., Brilliant, Ala., for 180 days. business as FAMOUS TRANSIT CO., Interstate Commerce Commission, Bu Supporting shipper: Marion Coke Co.! Post Office Box 732, Astoria, 111. 61501. reau of Operations, U.S. Courthouse, 219 Brilliant, Ala. 35548. Send protests to: Applicant’s representative: Mack Ste South Dearborn Street, Chicago, 111. B. R. McKenzie, District Supervisor, Bu phenson, 42 Fox Mill Lane, Springfield, 60604. reau of Operations, Interstate Commerce 111. 62707. Authority sought to operate No. MC 129965 TA, filed June 11, 1968. Commission, Room 823, 2121 Building, as a common carrier, by motor vehicle, Applicant: CORKREN AND COMPANY, Birmingham, Ala. 35203. INC., Brilliant, Ala. 35548. Applicant’s over irregular routes, transporting: By the Commission. Truck bodies, unmounted, parts and at representative: John Self, Post Office tachments thereof when transported Box 597, Hamilton, Ala. Authority sought ( seal] H . N eil G arson, with the truck bodies, from Astoria, 111., to operate as a contract carrier, by motor Secretary. to points in Arkansas, Colorado, Con vehicle, over irregular routes, transport [F.R. Doc. 68-7234; Filed, June 18, 1968; necticut, Georgia, Indiana, Louisiana, ing : Coke, from Brilliant, Ala., to Mount 8:48 a.m.] CUMULATIVE LIST OF PARTS AFFECTED— JUNE The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during June. 3 CFR Page 7 CFR— Continued Page 9 CFR page Proclamations: 814______8768 74______— 8537 3385 (amended by Proc. 3855) _ 8535 816______- ______- 8495 78______— 8770 3548 (see Proc. 3856)______— 8579 905______I ______8198, 8266 3558 (see Proc. 3856)______8579 ,908__'______8388, 8649 10 CFR 3562 (see Proc. 3856)______8579 910— ______8198, 8499, 8770^8801 2______8588 3597 (see Proc. 3856)______8579 911— ______8725 50—______8590 3709 (see Proc. 3856)______8579 915— ______8500, 8725, 8801 115______8590 9 1 7 ______8501, 8502, 8726 3790 (see Proc. 3856) ______8579 P roposed R u l e s : 3852______— 8257 944____ 8548 32______8350 3853 _ 8425 950______8549 3854 ______8533 952 ______8329 953 ______8502, 8649 12 CFR 3855 __ 8535 8771 3856______— 8579 966______— 8585 207______— 1001______8199 217______9015 Executive Orders: 1002______——______8201 220______8772 Sept. 3,1867 (see PLO 4437) __ 8492 1003 ______— 8199 221______8772 July 15, 1875 (revoked in part 1004 ____ 8200 264______8655 by PLO 4422)______8275 1006______8219 330______8505 June 8, 1896 (see PLO 4437) __ 8492 1015______- 8200 541______8433 Apr. 17, 1926 (revoked in part 1016_____ :______8200 545______8221 by PLO 4432) — ______— 8341 1030______9005 605______8659 1032 (revoked in part by PLO 1064______8220 640— ______8809 4431) ______8341 1090______1______8586 673______8809 1565 (revoked byPLO 4440) — 8738 1131______——------— — 8266 P roposed R u l e s : 3406 (revoked in part by PLO_ 1421— _ 8220, 8329, 8335, 8430, 8649, 8650 8678 4435) ______8491 1427_____ 8726, 8802 541. 5327 (see PLO 4446)_____ 8776 1474______8221 8647 (revoked in part by PLO 13 CFR P roposed R u l e s : 8547 4430) ______—— 8341 121_____ 11412 ______- 8583 51______— 8343, 8740 11413 ______— 8641 725____ 8458, 8820 ___ 8229 14 CFR H414______•____ 8645 777______39_____ 8336, 8537, 8590, 8591, 8731, 8809 923______8229 » I ______83oo, 953______8506 5 CFR 967______— ___ 9024 8389, 8433, 8434, 8479, 8480, 8591, 213______8427, 8585 991______8777 8592,8732.8733,8773. ^ m 352______8197 1006______8600 t,i------II 8434, 8592 531____ — ______- ______— - 8767 1009______8230 ------.8435,8733 1012______8600 7 CFR 1013______— ___ 8600 T05 o r " " ...... — — i n...... : : : :...... : : — ____ 84808286 29______- ______;------8721 1015______8777 5 ...... 8267 51 — ______— ______8197 1036______8461 ___ 9026 160______8721 1061______m i::::::::: ______8481 220______8494 1068______8462 P roposed R u l e s : 401______8259-8265, 8387 1094. 8345 8281, 8349 407______8649 39______------g349, 1103. 8345 718______8722 71______8Vl0”_8550, 8744, 8745, 722______8427, 8767 1121. 8820 8393, 8508- 811______- ______- - - - - 8429 1126. 8820 8778, 8850. FEDERAL REGISTER, VOL. 33, NO. 119— WEDNESDAY, JUNE 19, 1968 FEDERAL REGISTER 9057 Page Page 14 CFR— Continued Page 21 CFR— Continued 33 CFR 82______8273 Proposed Rules—Continued 146c______8817 ijj ______8349 147______8485 110______8594, 8595 117______8775 75" ———” ______8511, 8551, 8778 Proposed R ules: 204 _ ___ 8390 378______—- 8394 1____ 8679 205 _ ___ 8273 5____ 8679 207______8390 15 CFR 18___ 8847 368_. ______8902 80___ 8679 36 CFR 8847 369- ______8905 120__ 8486, 8543 121 8777 7______370- ______8906 _ 503 _ ___ 8775 371- ______8911 125_ 8679 ___ 8775 130_ 8348 504 _ 372. ______8919 510______8775 373- » 8929 138_ 8281 374. ______8960 146a_ 8777 ______8963 146b. 8777 38 CFR 375- 9019 376. ______8964 146c_ 8777 21______377- ______8965 146d. 8777 379. ______8967 146e_ 8777 39 CFR 380. ______8979 125 ___ 8667 381. ______J._____ 8983 23 CFR 171 ___ 9022 382. ______8986 Proposed R ules: 742. 8391,8668 383. ______8990 256______8603 Proposed Rules : 384. ______8991 125______8678 385. ______8993 24 CFR 399. ______8999 41 CFR 1000______8659, 8776 200_____ 9017 8-1 8486 Proposed Rules: 25 CFR 1000______8506 8-4______8391 74______- 8270 11-6______8487 16 CFR Proposed R ules: 101-11______8775 101-47______- ______8737 13_____ 8222-8224, 8537, 8538, 8809-8811 221______8820 15...... 8446, 8539 42 CFR 242______8336 26 CFR 414______8446 1______8271 73______8817 503______8773 31— — ___ 8271 Proposed R ules: Proposed Rules: 46______8272 73______8849 501______8778 48 _ ___ 8272 49 _ 8272, 9018 43 CFR 17 CFR Proposed R ules: 2230______—...... 8339 15______8268 1______8343 18 ------£ 8268 245______8453 Public Land Orders: 240------8269, 8540, 8774 386 (revoked in part by PLO 249------8540 28 CFR 4419)______8274 275------8541 0______8339, 8486 1556 (revoked in part by PLO 279------8541 4427) ______8340 18 CFR 29 CFR 1827 (revoked by PLO 4436)— 8492 5______8447 3147 (revoked in part by PLO 8811 7______8447 4427)______8340 8593 1500______— 8542 3152 (revoked in part by PLO 4427) ______8340 19 CFR Proposed R ules: 3391 (see PLO 4420)______8274 10------8730 60______8551 3584 (see PLO 4427)______8340 13 ------j ______8389 526______9034 3836 (amended by PLO 4434) _ 8449 14 ------8244, 8337 3938 (see PLO 4440) _<______8738 16 ------8224, 8244, 8337, 8447 30 CFR 3965 (revoked in part by PLO 17 ------8244, 8337 Proposed R ules: 4427)______- ____ 8340 21------■_;_:_ 8731 2______8600 4291 (corrected by PLO 4445) _ 8739 ____ 8225 4371 (revoked in part by PLO 53—1 • 8244, 8337 31 CFR 4421)______8275 200__ ___ 8447 223______8390 4418 ______8273 8339 4419 _____ - ______8274 20 CFR 500__ 4420 ______8274 Proposed Rules: 32 CFR 4421 ______8275 4422 ______8275 404. 8348 40__ 8433 9018 4423—;______8275 701- 4424 ______8275 21 CFR 806- 9018 3— 1450. 8226 4425 ______;______- 8275 8— 8666, £812 8273 4426 ______8275 8812 1703. 15—.. 1710- 8666 4427 ______8340 27__ 8485 4428 ______8340 8337 31- 32A CFR 4429 ______— 8340 42— 8593 4430 ______8341 8225 OIA (Ch. X ) : 4431 ______8341 120 - 8448, 8666 121__ ::: ------8337, 8774, 8816 OI Reg. 1—_ 4432 ______8341 8338, 8594, 8816, 8817, 9016 130- Proposed R ules: 4433 ______;______8341 8338 4434 ______8449 144__ OIA (Ch. X ) : 8817 Reg. 1— 8777 4435 ______8491 9058 FEDERAL REGISTER Page 43 CFR—Continued Page 46 CFR— Continued 4 9 CFR Page P ublic XiAnd O rders— Continued 91______8 2 27 l ______4436 ______1______8492 146______8 4 5 0 91______500______4437 ______8492 8 2 7 6 170______4438 ______,______8738 510______9 0 1 9 289______4439 ____ 8738 P roposed R ules : 4440 ______8738 Proposed R ules: 4441 ____£______8738 Ch. H ______8 7 4 4 239______8745 4442 ______8738 514______8 7 7 8 ------293______4443 ___ 8739 536______85 11 __ 8349, 8604 4444 ______8739 1042______8511, 8779 4445 ______8739 47 CFR 1204 _ _ __ 8780 4446 ___ 8776 o______8 2 27 5 0 CFR 45 CFR 21______90 21 85______— ______1___ 8304 43______8 5 9 5 in ..... ftSfll 130______8668 “73______8 5 9 8 1 3 ______8801 402 ______8776 74______8 6 6 9 28______8667 403 ______8776 87______9 0 21 280______8544 46 CFR 89______8 5 9 8 P roposed R u l e s : 31_____ - ______8226 P roposed R u l e s : 10 8820 61______8226, 8669 73______8 3 9 5 32 8229 Lyndon B. Johnson -1966 CONTENTS • Messages to the Congress Public Papers of the Presidents • Public speeches and letters • The President’s news conferences of the United States • Radio and television reports to the American people • Remarks to informal groups PUBLISHED BY Office of the Federal Register route PAPERS OF THE PRESIDENTS National Archives and Records OF THE UNITED STATES S e rv ic e General Services Administration Lyndon B. Johnson ClUtdining the Public M essages, Speeches, è tti ORDER FROM Statements oj the President Superintendent of Documents U .S. Government Printing Office Washington, D.C. 20402 Book I (January 1-June 30,1966) $6-50 Book 11 (July 1-December 31,1966) $7.00 PRIOR VOLUMES—Volumes covering the administrations of Presidents Truman, Eisenhower, Kennedy, and the first two years of President Johnson are available at comparable' prices from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.