FEDERAL REGISTER VOLUME 32 • NUMBER 55
Wednesday, March 22, 1967 • Washington, D.C. Pages 4337-4392
Agencies in this issue— Air Force Department Army Department -Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Comptroller of the Currency Consumer and Marketing Service Customs Bureau Delaware River Basin Commission Federal Communications Commission Federal Maritime Commission Federal Power Commission Food and Drug Administration Health, Education, and Welfare Department Housing and Urban Development Department Immigration and Naturalization Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau National Park Service Securities and Exchange Commission Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS
(As of January 1, 1967)
Title 21—Food and Drugs (Parts 130-146e) (Revised) $1.75
Title 21—Food and Drugs (Part 147-End) (Revised) $1.00
[A cumulative checklist of CFR issuances for 1967 appears in the first issue of the Federal Register each month under Title 1]
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AGRICULTURE DEPARTMENT Proposed Rule Making FOOD AND DRUG See C o n s u m e r and Market Milk in Eastern Colorado mar ADMINISTRATION ing Service. keting area; recommended de cision ______— 4362 Rules and Regulations AIR FORCE DEPARTMENT Cheeses; use of milk-clotting en Rules and Regulations CUSTOMS BUREAU zymes; effective date______4350 Rules and Regulations Food additives: USAP Officer Training School; Coatings on fresh citrus fruit miscellaneous amendments----- 4356 Certain functions; continuation by Coast Guard; cross refer (2 documents)______4353 ence ______4349 Oxidized polyethylene______4352 ARMY DEPARTMENT Thiabendazole______4352 Erythromycin estolate oral sus Rules and Regulations DEFENSE DEPARTMENT Records and reports; unofficial re pension ______4355 search in Department files------4355 See Air Force Department; Army Oral prenatal drugs containing Department. fluorides for human use; pol ATOMIC ENERGY COMMISSION icy statement-— - ______r_ 4350 DELAWARE RIVER BASIN Pesticide chemicals in or on raw Notices agricultural commodities: Consumers Power Co.; issuance of COMMISSION Aldrin and dieldrin______4351 provisional construction permit- 4369 Notices Bromacil ______4352 Terb acil______4352 BUSINESS AND DEFENSE SERV Water quality standards; hear Soda water, canned; use of stan ing ______4369 nous chloride; effective date__ 4350 ICES ADMINISTRATION Tomatoes, canned; solid pack la Notices FEDERAL COMMUNICATIONS beling provision; effective date_ 4350 University of Southern California COMMISSION Proposed Rule Making and New York University; appli cations for duty free entry of Rules and Regulations Labels of foods, drugs, devices and scientific articles______4366 Practice and procedure; CATV cosmetics; required statements; Task Force______4358 correction ______4363 CIVIL AERONAUTICS BOARD Radio broadcast services; remote Notices control authorizations------4358 Rules and Regulations Proposed Rule Making Food additive petitions: Practice and procedure; petitions American Cyanamid Co. (2 doc for rulemaking______!______4343 Table of assignments, UHF TV uments)______1______4366 broadcast channels; Hawaii__ 4363 National Starch and Chemical CIVIL SERVICE COMMISSION Notices C o r p ______4367 Rules and Regulations Canadian broadcast stations ; Excepted service : changes, proposed changes, and HEALTH, EDUCATION, AND Advisory Commission on Parcel corrections in assignments------4372 WELFARE DEPARTMENT Distribution Services______4341 Operating hours for standard broadcast stations______:— __ 4371 See also Food and Drug Adminis Labor Department______4341 tration. Post Office Department______4341 Hearings, etc.: American Broadcasting Com Notices COAST GUARD panies, Inc______4372 Circle L, Inc., et al:______4373 Organization and authority dele Notices Gamma Television Corp. et al_ 4375 gations: Certain Customs Bureau, func San Fernando Broadcasting Co. Education Office______4367 tions; continuation by Coast (K S FV )______, 4375 Social Security Administration. 4367 Guard------4365 FEDERAL MARITIME HOUSING AND URBAN COMMERCE DEPARTMENT See Business and Defense Serv COMMISSION DEVELOPMENT DEPARTMENT ices Administration; Interna Notices Notices tional Commerce Bureau. Agreements filed for approval; Designations; Atlanta: Port of Seattle and Olympic COMPTROLLER OF THE Acting Assistant Regional Ad Steamship Co______4371 ministrator for Program Co- CURRENCY T. J. Hanson, Inc., et al______4371 ordination and Services_____ 4368 Rules and Regulations Acting Regional Counsel______4368 Investment securities; Indiana FEDERAL POWER COMMISSION school building corporations_i 4342 Notices IMMIGRATION AND Hearings, etc.: NATURALIZATION SERVICE CONSUMER AND MARKETING Alabama-Tennessee N a t u r a l SERVICE Gas Co______4375 Rules and Regulations Rules and Regulations Consolidated Gas Supply Corp_ 4376 Alien crewmen; parole______4341 Forest Service, Colorado; vaca Special milk program for chil- Conditional entrant; adjustment tion of withdrawal______4376 of status______:______4341 dren; definition of n e e d y Northern Natural Gas Co______4376 schools------¿on Tennessee Gas Pipeline Co_____ 4376 (Continued on next page) 4339 4340 CONTENTS
INTERIOR DEPARTMENT Notices NATIONAL PARK SERVICE See Land Management Bureau; Fourth section application for Notices National Park Service. relief______4379 Motor carriers: Prince William Forest Park and Alternate route deviation no George Washington Memorial INTERNATIONAL COMMERCE tices______'____ 4379 Highway; Administrative As BUREAU Applications and certain other sistant and Management Assist proceedings (2 documents) __ 4380, ant------4366 Rules and Regulations 4388 Export control ; miscellaneous Intrastate applications______4389 SECURITIES AND EXCHANGE amendments______4343 Transfer proceedings______£ 4390 COMMISSION JUSTICE DEPARTMENT Notices INTERSTATE COMMERCE Hearings, etc.: COMMISSION See Immigration and Naturaliza Anderson New England Capital tion Service. Corp______4377 Rules and Regulations LAND MANAGEMENT BUREAU Connecticut' Light and Power Locomotives other than steam ; Co— ______4378 inspection; correction______4360 Notices Michigan Wisconsin Pipe Line Transportation of explosives and Nevada; filing of plat of survey Co______4378 other dangerous articles by pri and opening of lands______4365 vate motor carriers; denial of TREASURY DEPARTMENT petition for modification of ef See Coast Guard; Comptroller of fective date______:______4360 the Currency; Customs Bureau.
List of CFR Parts Affected
(Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.
5 CFR 15 CFR 53______4350 120 (3 documents) - 4351,4352 213 (3 documents) 4341 370_____ 4343 121 (4 documents) 4352, 4353 371 _ 4343 148e______4355 372 ______4343 7 CFR 97Q 4343 P r o p o s e d R u l e s : 215______4341 3 7 4 IIIZZI 4343 1______4363 376 ______4343 P r o p o s e d R u l e s : 377 _ 4343 32 CFR 1137______£ 4362 380_____ 4343 518_____ 4355 399_____ 4343 902_____ 4356 8 CFR Ï9 CFR 4341 t 47 CFR 245______4349 253______i______4358 4341 2:::::::: 4349 4358 3______4349 73______12 CFR 23______4349 P r o p o s e d R u l e s : 4363 I4______4342 21 CFR 73 3______4350 49 CFR 14 CFR 19______4350 77______4360 302_____ 4343 31______4350 91______4360 4341 Rules and Regulations
power, Automation, and Training is now Title 5— ADMINISTRATIVE titled Associate Manpower Administra Title 8— ALIENS AND tor for Policy, Evaluation, and Research. PERSONNEL Effective on publication in the F e d e r a l NATIONALITY R e g is t e r , subparagraph (2 2 ) is amended Chapter I— Immigration and Natural Chapter I— Civil Service Commission and subparagraph (26) is added to para graph (a) of § 213.3315 as set out below. ization Service, Department of Justice PART 213— EXCEPTED SERVICE § 213.3315 Department of Labor. PART 245— ADJUSTMENT OF STATUS Advisory Commission on Parcel (a) Office of the Secretary. * * * TO THAT OF PERSON ADMITTED Distribution Services (22) Associate Manpower Adminis FOR PERMANENT RESIDENCE trator for Policy, Evaluation, and Re Adjustment of Status of Conditional Section 213.3194 is added to show that search. positions on the staff of the Advisory Entrant Commission on Parcel Distribution Serv * * * * * ices are in Schedule A until January 31, (26) One Deputy Manpower Adminis The following amendment to Chapter 1969. Effective on publication in the trator. I of Title 8 of the Code of Federal Regu F e d eral R e g is t e r , § 213.3194 is added as lations is hereby prescribed: (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R . 7521, Paragraph (a) General of § 245.1 set out below. 3 CFR, 1954-58 Comp., p. 218) Eligibility is amended by adding the fol § 213.3194 A d visor Commission on U n it e d S t a t e s C i v i l S e r v lowing sentence at the end thereof: “An Parcel Distribution Services. ic e C o m m i s s io n , alien who has been allocated an immi (a) Until January 31, 1969, all po [ s e a l ] J a m e s C . S p r y , grant visa number and who entered the sitions on the Commission’s staff. Executive Assistant to United States conditionally pursuant to the Commissioners. (5 U.S.C. 3301, 3302, E.O. 10577, 19 F .R . 7521, section 203(a) (7) of the Act is not eligible 3 CFR, 1954-58 Comp., p. 218) [F .R . Doc. 67-3144; F iled , M ar. 21, 1967; for the benefits of section 245 of the Act 8:50 a.m .] unless he qualifies as an immediate rela U n it e d S t a t e s C i v i l S e r v - * tive pursuant to section 201(b) of the Act ic e C o m m i s s io n , on the basis of a visa petition approved [ s e a l ] J a m e s C. S p r y , in his behalf or as a special immigrant Executive Assistant to Title 7-rAGRICULTURE within the meaning of section 101(a) the Commissioners. (27) of the Act.” Chapter II— Consumer and Marketing [F.R. Doc. 67-3143; F iled , M ar. 21, 1967; (Sec. 103, 66 S tat. 173; 8 U.S.C. 1103) 8:50 a.m .] Service (Consumer Food Programs), Department of Agriculture This order shall be effective on the date of its publication in the F e d e r a l PART 213— EXCEPTED SERVICE [A rn dt. 3] R e g is t e r . Compliance with the provi sions of section 553 of Title 5 of the Post Office Department PART 215— SPECIAL MILK PROGRAM United States Code (P.L. 89-554, 80 Stat. Section 213.3311 is amended to show FOR CHILDREN 383) as to notice of proposed rule making that one additional position of Assistant and delayed effective date is unnecessary to the Executive Assistant to the Post Needy Schools in this instance because the rule pre master General is in Schedule C. E f Paragraph 7m) of § 215.2 of the regu scribed by the order is interpretative in nature. fective on publication in the F e d e r a l lations for the operation of the Special R e g is te r , subparagraph (4) of para Milk Program for Children (30 F.R. Dated: March 14,1967. . graph (a) of § 213.3311 is amended as set 14910) as amended (31 F.R. 11743, 31 out below. R a y m o n d F . F a r r e l l , F.R. 14925) is hereby amended as follows: Commissioner of § 213.3311 Post Office Department. § 215.2 Definitions. Immigration and Naturalization.
FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4342 RULES AND REGULATIONS
to the provisions of this part under the other applicant for a conditional land Dated: March 13,1967. provisions of section 212(d) (5) of the ing permit. I f the vessel or aircraft on Act, he shall be given Form 1-94, reflect which the alien crewman arrived in the R a y m o n d F . F a r r e l l , ing the terms of parole. A notice on Commissioner of United States departed before he was Immigration and Naturalization. Form 1-259 shall be served upon the presented for inspection, the agent shall agent, and, if available, upon the owner be directed by means of written notice [F.R. Doc. 67-3092; Filed, Mar. 21, 1967; and master or commanding officer of the on Form 1-259 to arrange for the re 8:46 a.m .] vessel or aircraft, which shall specify the moval of the alien crewman from the purpose of the parole and the conditions United States, and if such alien crew under which the alien crewman is pa man thereafter departs voluntarily from roled into the United States. The Form the United States within the time/speci- Title 12— BANKS AND BANKING 1-259 shall also specify the Service office fied by the district director, such de Chapter I— Bureau of the Comptroller to which the alien crewman is to be parture shall not be considered a de of the Currency, Department of the presented for inspection upon termina portation within the meaning of this tion of the parole. section. Treasury * * * * . * (b) Revocation of parole. When an PART 1— INVESTMENT SECURITIES (f) Crewmen. a lle g in g persecution. immigration officer has reason to believe REGULATION Any alien crewman refused a conditional that an alien crewman paroled into the landing permit or whose conditional United States pursuant to the provisions Indiana School Building Corporations landing permit has been revoked who al of § 253.1 has violated the conditions of parole, the immigration officer may take §1.183 Indiana School Building Cor leges that he cannot return to a Com porations. munist, Communist-dominated or Com such alien crewman into custody without munist-occupied country because of fear a warrant of arrest. Following such ac (a) Request. The Comptroller of the of persecution in that country on- ac tion, the alien crewman shall be ac Currency has been requested to consider count of race, religion, or political opin corded, without undue delay, an exami whether the ruling of October 14, 1964 ion shall be removed from the vessel or nation by another immigration officer. (§ 1.157), relating to the eligibility aircraft for interrogation. Following If it is determined on the basis of such for purchase, dealing in, underwriting, and unlimited holding of the First Mort the interrogation, the district director examination that the. individual detained having jurisdiction over the area where is an alien crewman who was paroled gage Bonds of the Elkhart High School the alien crewman is located may in his into the United States pursuant to the Building Corp. is now applicable to such discretion authorize parole of the alien provisions of § 253.1 and that he has bonds and similar Indiana school build crewman into the United States under violated the conditions of the parole or ing corporation bonds. * (b) Opinion. (1) The State of Indi the provisions of section 212(d) (5) of has remained in the United States beyond ana has by statute authorized school the Act. If parole is not authorized, the the period authorized by the district di crewman shall be returned to the vessel rector, the district director shall cause corporations, which are governmental or aircraft on which he arrived in the to be served upon the alien crewman a entities possessing general powers of tax ation including property taxation, to en United States. written notice that his parole has been (g) Other crewmen. In the discre revoked, setting forth the reasons for ter into long-term lease rental agree ments with nonprofit school building cor tion of the district director, any alien such action. I f the vessel or aircraft crewman not within the purview of para upon which the alien crewman arrived porations for the purpose of financing the graphs (b) through (f) of this section in the United States is still in the United construction of school buildings. The school building corporations are formed, may for other emergent reasons or for States, the alien crewman shall be deliv in accordance with the requirements of reasons deemed strictly in the public in ered to that vessel or aircraft and Form the statute, solely for the purpose of pro terest be paroled into the United States 1-259 shall be served upon the master or under the provisions of section 212(d) commanding officer of the vessel or air viding school facilities and are thus in (5) of the Act for the period of time and craft directing that the alien crewman strumentalities chosen by the State for under the conditions set by the district be detained on board the vessel or air this purpose. director having jurisdiction over the area craft and deported from the United (2) Bonds issued by the building cor where the alien crewman is located. States. A copy of Form 1-259 shall also porations are paid from lease rental p a y be served on the agent for the vessel or ments made by the school corporations. 2. Section 253.2 is amended to read asaircraft. I f the vessel or aircraft upon Indiana law requires the school corpora follows: which the alien crewman arrived in the tions to levy a tax sufficient to produce in each year the funds necessary to p ay § 253.2 Termination of parole. United States has departed from the United States, the agent or owner of the the agreed lease rental. These payments, (a) General. At the expiration of thevessel or aircraft shall be directed by which are required by law to be used period of parole authorized by the dis means of a notice on Form 1-259 to effect only to pay the principal and interest trict director, or when the purpose of the the deportation of the alien crewman on the bonds as they become due and for parole has been served, whichever is from the United States. Pending de related expenses, are in an amount suf earlier, the agent,upon whom the relat portation, the alien crewman shall be ficient for such purposes. The bonds ing Form 1-259 was served, as provided continued in custody, unless the district are thus appropriately supported by the in § 253.1, shall present the alien crew director authorizes his release on parole promise of a governmental entity pos man for inspection to an immigration under such conditions, including the sessing general powers of taxation. officer at the Service office specified in posting of a suitable bond, as the district (c) Ruling. It is our conclusion, the Form 1-259. I f the agent cannot director may prescribe. therefore, that bonds issued by In d ia n a present the alien crewman, the agent school building corporations in accord (Sec. 103, 66 S tat. 173; 8 U.S.C. 1103) shall immediately submit a report of the ance with the provisions of the In d ia n a reasons therefor to the district director. ' This order shall be effective on the school law are general obligations o f a State or a political subdivision th e re o f The district director shall take such fur date of its publication in the F e d e r a l under paragraph Seventh of 12 U.S.C ther action as the circumstances may re R e g is t e r . Compliance with the provi 24, and accordingly, eligible for purchase, quire. I f the vessel or aircraft on which sions of section 553 of Title 5 of the dealing in, underwriting, and u n lim ite d the alien crewman arrived in the United United States Code (P.L. 89-554, 80 Stat. holding by national banks. States is still in the United States when 383) as to notice of proposed rule mak Dated: March 17, 1967. he is presented for inspection, he shall ing and delayed effective date is unnec [ s e a l ] W i l l i a m B. C a m p , be treated as an applicant for a condi essary in this instance because the rules Comptroller of the Currency. tional landing permit and his case shall prescribed by the order confer benefits [F.R. Doc. 67-3102; Filed, Mar. 21, 1967; be dealt with in the same manner as any upon persons affected thereby. 8:46 a.m .]
FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4343
not apply to recommendations for rule been revised in format to incorporate Title 14— AERONAUTICS AND making submitted by other agencies of additional information regarding the Ex the Government. port Regulations applicable to each com SPACE (b) Form and contents. Petitions for modity entry. This will make it possible rule making, and answers thereto, shall for users of the list to determine more Chapter II— Civil Aeronautics Board conform to the requirements of §§ 302.3 easily which regulations apply to a par SUBCHAPTER B— PROCEDURAL REGULATIONS and 302.4; and a petition or answer ticular proposed export. The new in formational features added to the Com [Beg. PR-101] which does not conform to such require-, ment will not be considered by the modity Control List are described below: PART 302— RULES OF PRACTICE IN Board. 1. Country Group “S.” A new Coun ECONOMIC PROCEEDINGS (c) Procedure. Petitions for rule mak try Group designated by the symbol “S” ing will be given a docket number has been established to aid in pointing Subpart A— Rules of General and will, together with any answers out when a validated export license is re Applicability thereto, become matters of public record quired for a destination in that Country upon filing. No public hearing, oral Group. At present, only Southern P e t it io n s f o r R u l e M a k i n g argument, or other form of proceedings Rhodesia is included in Country Group Adopted by the Civil Aeronautics will be held directly on any such petition, “S.” Therefore, if the symbol “ S” does Board at its office in Washington, D.C., but if the Board determines that the peti not appear for any commodity entry in on the 17th day of March 1967. tion discloses sufficient reasons in sup the column headed “ Validated License The following amendments to Rule 38 port of the relief requested to justify the Required for Country Group Shown Be of the Board’s rules of practice (14 CPR institution of public rule making pro low,” the commodity may be exported 302.38) are adopted herein: cedures, an appropriate notice of pro to Southern Rhodesia under the provi 1. Rule 38, which sets forth the pro posed rule making will be issued. sions of General License G-DEST. This cedures for rule making proceedings, Thereafter, the procedures to be followed procedure replaces the restriction on ex authorizes interested parties to file peti will be as required in the Administra ports to Southern Rhodesia previously tions for rule making, but does not spe tive Procedure Act. Where the Board set forth in the provisions of General cifically authorize the filing of answers determines that the petition does not dis License G-DEST. to petitions. Indeed, such answers have close sufficient reasons to justify the in A new column for Country Group “S” generally been accepted as a matter of stitution of public rule making proce is also added to the Commodity Control practice. The amendment adopted dures, petitioner, as well as persons filing List under the heading “GLV $ Value herein will permit, but not require, the answers, will be so notified together with Limits for Shipment to Country Groups.” filing of such answers. the grounds for such denial. The pro I f a dollar value limitation is shown for The Board believes that interested visions of this section shall not operate Country Group “ S” under this column, persons should be permitted to file an to prevent the Board, on its own mo the commodity may be exported to swers to rule making petitions, in order tion, from acting on any matter disclosed Southern Rhodesia under the provisions to assist the Board in determining in any petition. of General License GLV, provided that whether a rule making proceeding should ***** the value of the shipment does not ex be initiated. Since petitions are not re (Secs. 3, 4, Administrative Procedure Act, ceed the ’imitation shown. quired to be served on other persons, no 80 S tat. 383, 384; 5 U.S.C. 552, 553; sec. 204 2. Project License. A new symbol “F” fixed time limit will be placed on the ( a ) , F ed eral A v ia tio n A c t o f 1958, as a m ended, has been established to indicate that cer filing of answers. 72 S tat. 743; 49 UJS.C. 1324) tain commodities may not be exported 2. Rule 38, at present, applies to peti By the Civil Aeronautics Board. under the provisions of a Project License. tions for rule making only in connection I f the symbol “F ” appears in the last with economic regulations. In practice, [ s e a l ] H a r o l d R . S a n d e r s o n , column of the Commodity Control the procedures in Rule 38 are generally Secretary. List, the commodities covered by that en followed as to all types of Board regula [F .R . Doc. 67-3130; F iled , M ar. 21, 1967; try may not be exported under a Project tions. The rule is hereby amended to 8:49 a.m .] License and an individual validated ex extend its coverage generally. port license is required. (Other restric Since this amendment is a rule of tions on the use of the Project License practice and procedure, notice and pub are set forth in the Export Regulations. lic procedure thereon are not required, Title 15— COMMERCE AND See § 374.2.) and the rule may become effective upon 3. Time Lim it License. A new symbol less than 30 days’ notice. FOREIGN TRADE “ G” has been established to indicate that In consideration of the foregoing, the certain commodities may not be exported Board hereby amends § 302.38 of Part Chapter III— Bureau of International under the provisions of a Time Limit 302 of the Procedural Regulations (14 Commerce, Department of Commerce (T L ) License. I f the symbol “G ” ap CPR 302.38) effective, March 22, 1967, SUBCHAPTER B— EXPORT REGULATIONS pears in the last column of the Com by amending paragraphs (a ), (b ), and modity Control List, the commodity cov (c) to read as follows: [10 Gen. Rev. of Export Regs., Amdt. 26] ered by that entry may not be exported under a Time Limit (T L) License, and § 302.38 Petitions for rule making. MISCELLANEOUS AMENDMENTS TO CHAPTER an individual validatea license is re (a) Scope. Any interested person quired. (Other restrictions on the use Dray petition the Board for the issuance, Parts 370, 371, 372, 373, 374, 376, 377, of the Time Limit (T L ) License are set amendment, modification, or repeal of 380, and 399 of Title 15 of the Code of forth in the Export Regulations. See any regulation. For purposes of this Federal Regulations are amended as set § 377.2.) section, such proposecf action will be forth below: termed rule making. Any interested Effective date of action: November 14, (Sec. 3, 63 S tat. T ; 50 U.S.C. A pp. 2023; E.O. 1966. Person may file an answer to the peti 10945, 26 F.R . 4487, 3 C F R 1959-63 Com p.; tion at any time prior to the institution E.O. 11038, 27 F .R . 7003, 3 C F R 1959-63 Accordingly, §§ 370.1(g), 371.10(a), . * a Proceeding thereon or prior to denial C om p.) 371.25(b), 372.12(c) (2) and (3), 373.3 thereof, as the case may be. Such an- Effective date: November 14,1966. (a) and (b), 373.4 (a ), (b), (c), and swer shall be served upon the petitioner. ( f ) , 380.2(f) (3) and (4), 374.2 and 377.2, e right to file an answer is purely per- R a u e r H . M e y e r , are revised to read as set forth below. missive, and failure to file an answer Director, II. Replacement of Processing Code snail not prejudice any interested person Office of Export Control. Symbols by Processing Numbers. Pur ma®'r}y making proceeding which I. New format of the Commodity Con pose and effect: A four letter sym y instituted on the petition. The trol List (§ 399.1). Purpose and effect; bol followed by a number formerly was edures set forth in this section shall The new Commodity Control List has shown in the column headed “Processing
FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4344 RULES AND REGULATIONS
Code and Related Commodity Group The following Export Control Com Eastern Area: Number” for each entry on the Com modity Numbers are affected by this Brazil (including the islands St. Paul, modity Control List. This symbol was revision: Fernando Noronha, and Trinidad (in S ou th A t la n t ic )) . used to expedite the processing of 67243 67353 67920 U ru guay. various export control actions. 67273 67443 67930 Paragu ay. Effective November 14, 1966, a single 67290 67480 69110 A rgen tin a. three digit Processing Number will re 67313 67503 69887 Falkland Islands. place both the processing code and the 67323 67703 (iii) Country Group V : related commodity group number. For 67343 67860 All countries not included in any other example, entries bearing the old proc-. Effective date of action; November 14, country group (except Canada). essing codes and related commodity (iv) Country Group W : 1966. Poland (including Danzig). group numbers TRAN 2, ELME 1, and Accordingly, Interpretation 8, § 399.2, R u m an ia. RARA 8 now bear the Processing Num is revised to read as set forth below. (v) Country Group X : bers 432, 601, and 618, respectively. H o n g K o n g . Processing Numbers are listed for each PART 370— SCOPE OF EXPORT CON M acao. commodity in the Commodity Control TROL BY DEPARTMENT OF COM (vi) Country Group Y : List (§ 399.1). MERCE A lb an ia. The Processing Number shall be en B ulgaria. § 370.1 Definitions. Czechoslovakia. _ tered on Form FC-419, “Application for * * * * * East Germany (Soviet Zone of Germany and Export License” in Item 7(c) which th e S o v iet S ector o f B e r lin ). bears the heading “Export Control Com (g) Commodity Control List; country Estonia. modity No. Processing Code, Related groups. (1) “Commodity Control List” H u n gary. Commodity Group No.” All entries hav means the list of commodities incor L a tv ia. ing the same Processing Numbers may be porated in § 399.1. See § 399.1 for ex L ith u a n ia . entered on a single application. Unless planation of material included on, and O u ter M on golia. makeup of Commodity Control List. Union of Soviet Socialist Republics. otherwise specifically provided in the (vii) Country Group Z: Export Regulations (e.g.; applications (2) “ Country Groups” . For export China, including Inner Mongolia; the prov submitted under the Form FC-243 Pro control purposes foreign countries are inces of Tsinghai and Sikang; Sinkiang; cedure, applications covering shipments separated into seven country groups Tibet: and Manchuria (includes the for of Commodities for relief or charity, and designated by the symbols “S” , “ T ” , “V” , mer Kwantung Leased Territory, the pres applications for licenses to export air “ W ”, “X ” , “Y ” , or “ Z”. Listed below are ent Port Arthur Naval Base Area, and craft and accompanying spare parts), the countries included in each country Liaiong Province); but excluding Taiwan group. Canada is not included in any (Formosa) and Outer Mongolia. entries having different Processing Num North Korea. bers must be shown on separate appli country group and will be referred to Communist-controlled area of Vietnam. cations. by name. Cuba. The Processing Number shall also be (i) Country Group S: * * * * * entered on all other forms, in addition to S ou th ern R h odesia. (ii) Country Group T: the license application, whenever a space PART 371— GENERAL LICENSES is provided for a “ Processing Code.” N orth A merica § 371.10 General License GLV; ship This Processing Number is also required Northern Area: on Form FC-420, “Application Processing G reen lan d. ments of limited value. Card” ; Form IA-763, “Request for and Miquelon and St. Pierre Islands. (a) Scope. A general license desig Notice of Amendment Action” ; Form IT S ou th ern A re a: nated GLV is hereby established, subject 743-A, “ Status Request on Export L i Mexico (including Cozumel and Revilla to the other provisions of this § 371.10, cense Application” ; and Form IT-917, Gigedo Islands). authorizing the export in a single ship “Request for and Notice of Approval for Central America: G u atem ala. ment of any commodity on the Com Reexportation.” B ritis h H onduras. modity Control List to Country Group S, Accordingly, §§ 372.5(e)(1), 373.48(a), El Salvador. T, V, or X : Provided, That: 374.3(a)(2), 376.4(a)(1), 399.1(d), 373.- Honduras (including the Bay Islands). (1) The net value of the commodity 35, 373.42, 373.46, 373.47(a), 373.56, and Nicaragua. included in a single entry does not ex 373.63 are revised to read as set forth Costa Rica. ceed the GLV dollar-value limit specified below. Panama, Republic of. Bermuda and Caribbean: for the appropriate Country Group S,1 T, III. Revision of Commodity Interpre B erm uda. V, or X in the column headed “GLV $ tation 8: Alloy Steel, Special Types Class Baham as. Value Limits for Shipment to Country 1A and ClasslB. Purpose and effect: In Jam aica. Groups S,1 T, V, or X ” ; and terpretation 8 sets forth the definition of Haiti (including Gonave and Tortuga Is (2) The commodity is not related to the term “special types Class 1” as ap la n d s ) . nuclear weapons, nuclear explosive de plied to certain forms of alloy steel on Dominican Republic. vices, or nuclear testing, as described in Leeward and Windward Islands. § 373.7(b) of this chapter. the Commodity Control List which are B arbados. subject to the Import Certificate/De- Trinidad and Tobago. ***** livery Verification procedure (see Netherlands Antilles (formerly Curacao, § 371.25 General License GATS; aircraft § 373.2). N.W.I.). on temporary sojourn. This interpretation is revised by sub French West Indies. ***** stituting the terms “Special Types Class South A merica (b) U.S. registered aircraft. An 1A” and “ Special Types Class IB ” for N o rth ern A rea: operating civil aircraft of U.S. registry “ Special Types Class 1.” C olom bia. may depart from the United States un The term “special types Glass 1A” sets V en ezuela. der its own power for a temporary forth the types of alloy steel which are Guyana (formerly British Guiana). sojourn abroad under the conditions set subject to the Import Certificate/ Surinam (Netherlands Guiana). forth in paragraphs (1) and (2) of this Delivery Verification requirement and French Guiana (including In in i). Western Area: paragraph: the term “ special types Class IB ” sets * (1) A U.S. operating civil aircraft may forth the types of alloy steel which are Ecuador (including the Galapagos Islands). Peru. depart from the United States under its not subject to the Import Certificate/ B olivia . own power for any destination except Delivery Verification requirement but Chile (including the islands Sala-y-Gomez, require a validated license to all country Juan Fernandes, San Felix, San Abrosio, iFor shipments to Southern Rhodesia see group destinations. and E aster I s la n d ). § 373.69 o f th is ch ap ter.
FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4345
Country Group S, W, Y, or Z: Provided, PART 372— PROVISIONS FOR INDI and the same document must be fur That: VIDUAL AND OTHER VALIDATED nished to the export control authorities of the country from which reexport will (1) The aircraft does not carry from LICENSES the United States any commodity for be made, the Office of Export Control will which export authorization has not been § 372.5 How to file an application for a accept a reproduced copy of the docu granted by the appropriate U.S. Govern validated license. ment being furnished to the country of ment agency; * * * ** * * reexport. (ii) The aircraft is not to be used in (e) Inclusion of related commodities (3) Notice to consignee. Where the any military activity while abroad; on a single application— (1) Description Cffice of Export Control has authorized (iii) The aircraft is to be operated of related commodities. For each entry a type of reexport described in subpara only by a U.S. licensed pilot (except on on the Commodity Control List (§ 399.1) graph (2) (i) or (ii) of this paragraph, demonstration flights) while abroad; there appears in the column headed the United States exporter shall advise (iv) The aircraft; or its equipment, “Processing Number” a three digit num his foreign consignee of the amount of parts, accessories, or components will not ber which is the processing number for reexport and name of person or firm to whom the reexport has been approved. be disposed of in any foreign country that entry. Any entries on the Com without prior authorization from the modity Control List which have the same (i) Any authorization to reexport or Office of Export Control; and Processing Number may be included on redistribute commodities or technical data to Country Group W, Y, or Z (v) The aircraft’s U.S. registration a single license application. (See §§ 373.4(f) (2) and 373.48(a)(1) of this whether authorized on the validated ex will not be changed while abroad. port license or separately pursuant to (2) (i) Where it is decided that the chapter for exceptions.) Shipments of commodities for relief or charity may be this paragraph (c ), expires on the last aircraft or any of its equipment, parts, day of the sixth month following the accessories, or components will be sold included on a single license application regardless of the Processing Number. month in which the reexport is author or leased abroad, or is not to be returned ized unless otherwise specified. The U.S. to the United States for any other rea ****-» exporter shall, in connection with each son, request shall be made to the U.S. § 372.12 Reexportation. such authorization, furnish written noti Department of Commerce, Office of Ex * * * * * fication to the ultimate consignee of this port Control, Washington, D.C. 20230, (c) Reexportation request subsequentlimitation on the validity period of the for authorization of such disposition. to submission of license application. * * * reexport authorization. (ii) The request shall be by letter, in (2) Additional special requirements. (ii) A request for an extension of the original and one copy, setting forth, In addition to the provisions of subpara validity period of a reexport or redistri where applicable, the date on which the graph (1) of this paragraph, the request bution authorization shall be submitted aircraft last departed from the United for authority to reexport shall include in the same manner as a request for the States, the reason for nonreturn to the the following : reexport authorization (see subpara United States, the country in which the (i) If the export was made, or will be graphs (1) and (2) of this paragraph), aircraft will be registered, the commodity made, from the United States to Switzer except that the documentation required description, Export Control Commodity land or Liechtenstein under a validated by subparagraph (2) (ii) (b) of this Number of the commodity, value and export license, and the commodity (ies) paragraph need not be resubmitted if the quantity, as well as the name and address or technical data covered is to be reex original documents remain valid. The and identity of each party to the pro ported from Switzerland or Liechten request for extension shall, in addition posed transaction. In addition the re stein, the request shall include the name to the other information required, include quest shall be accompanied by all docu and address of each person or firm to information identifying the original ments which would be required in sup whom reexport will be made, the quan authorization, the date of the authoriza port of an application for export license tity and value of the commodities to be tion, the name of the countries-covered, for shipment of the same commodity reexported to each such person or firm, the commodities and quantities orig directly from the United States to the and the number and date of the Swiss inally authorized for reexport, and the proposed destination. Blue Import Certificate (s) which was commodities and quantities remaining to (iii) If the request for authorization submitted in support of the application be reexported. of nonreturn of the aircraft is approved, for license to export the commodities (iii) The document authorizing re the Office of Export Control will stamp from the United States. export shall be kept and made available the letter of request with the validation (ii) If the reexport is to be made to for inspection in accordance with the stamp of the U.S. Department of Com a destination specified in (a) of this sub provisions of § 381.11 of this chapter. merce and return one validated copy to division (ii), regardless of the country (The Export Regulations contain the applicant. Where the request is not to which the commodities or technical further recordkeeping requirements. approved by the Office of Export Con data were originally shipped from the See § 381.11 of this chapter.) trol, the applicant will be advised by United States, additional information * * * * ♦ letter. shall be furnished as set forth in (b) and Note: 1. Declaration not required on c (c) of this subdivision ( ii). PART 373— LICENSING POLICIES AND parture. A Shipper’s Export Declarati (a) Cambodia, Indonesia, Laos, Leba RELATED SPECIAL PROVISIONS iorm need not be submitted to the Custoi non, Liechtenstein, Malaysia, South ^mcer when an operating civil aircraft c Africa (Republic o f), Switzerland, Thai § 373.3 Statement by foreign importer parts from the United States under t land, Vietnam (Republicof), Yugoslavia; of aircraft or vessel repair parts. Provisions of General License GATS. or any destination in Country Group (a) Definitions— (1) Foreign importer ■n?' J?eclara-tion required on nonreturn S, W, X, Y, or Z (see § 370.1(g) of this of aircraft or vessel repair parts. As nrlLVr?ite
No. 55------2 FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4346 RULES AND REGULATIONS exclusively or as part of a related busi license or by other type of Office of Ex United States by a U.S. exporter, his sub ness. Such foreign person or firm need port Control authorization. As an alter sidiary, affiliate, or branch for the pur not maintain an aircraft repair hangar native to these requirements, a foreign pose of distribution in one or more coun or ship repair yard provided that he is importer may submit Form FC-43, State tries to customers approved by the Office engaged in one of the activities set forth ment by Foreign Importer of Aircraft of Export Control. in this procedure. or Vessel Repair Parts (see Supplement (3) Distributor. The term “distribu (2) Station Number. As used in this S-23 for facsimile of Form FC-43), for tor,” as used in this section, refers to, § 373.3, a Station Number is that number approval to the Office of Export Control and is limited to, a subsidiary, Affiliate, assigned by the Office of-Export Control in accordance with the procedure de or branch of the U.S. exporter wherein: on Form FC-43, Statement by Foreign scribed in this § 373.3. (1) The subsidiary, affiliate, or branch Importer of Aircraft or Vessel Repair (2) A foreign importer qualifying is under the full and active control of the Parts, to an approved foreign importer under this procedure will not be required U.S. exporter; of aircraft or vessel repair parts. to submit to his U.S. exporter any of the (ii) The U.S. exporter owns a majority N ote: 1. Examples of Qualifying Foreign documents set forth in subparagraph (1) of any existing voting stock in the sub Businesses. The following examples illus of this paragraph; nor will his U.S. ex sidiary, affiliate, or branch; trate the types of foreign businesses which porter be required to submit these docu (iii) The subsidiary, affiliate, or may qualify under the procedure set forth in ments to the Office of Export Control. branch distributes or sells U.S. commod this § 373.3: (a) the foreign importer may be (3) A foreign importer qualifying ities covered by a validated Form FC- in the business of repairing vessels or aircraft under this procedure is authorized to use 243 exclusively to customers approved by and, as part of this business, he uses U.S.- the U.S.-origin parts in the repair, main the Office of Export Control under this origin parts to accomplish the repair, or (b) the foreign importer may be in the business tenance or servicing of any vessel or air Form FC-243 procedure2 Tor: (a) De of repairing vessels or aircraft, and, in addi craft, provided the vessel or aircraft is livery from foreign-based stocks, or (b) tion to using U.S.-origin parts in such re not registered in, or not owned or con shipment directly from the United pair, he also sells U.S.-origin parts directly to trolled by, or not chartered or leased to States, pursuant to instructions8 of the vessels or aircraft for use as spares or standby a Country Group S, W, Y, or Z country or subsidiary, affiliate, or branch to fill an equipment on such vessels or aircraft, or (c) a national of any of these countries. urgent need or a specialized requirement the foreign importer may not be in the ves (See § 370.1(g) of this chapter for Coun for a commodity covered by this Form sel or aircraft repair business but does sell try Groups.) U.S.-origin parts directly to vessels or aircraft FC-243 procedure but not available for for use as spares or standby equipment on N ote: Any undertaking made prior to shipment through the foreign-based such vessels or aircraft. January 29, 1962, th a t co m m od ities im p o rted stock, or (c) shipment directly from the 2. Examples of Nonqualifying Foreign will hot be used in the repair, maintenance, United States to an approved customer Businesses. The procedure set forth in this or servicing of vessels or aircraft owned or of commodities to be used in equipment § 373.3 does not apply to a foreign importer operated by, or chartered or leased to, the originally manufactured by the U.S. who imports U.S.-origin commodities for gen Armed Forces of the Dominican Republic is exporter; eral resale (including resale to repairmen) or no longer binding and the person entering (iv) The subsidiary, affiliate, or for reexportation of the commodities in the this undertaking is released therefrom. form received; nor does it apply to a foreign branch is located in a country other than importer whose normal business is the repair (4) Unless otherwise authorized by Country Group S, W, Y, or Z. of components for aircraft or vessels, e.g., the Export Regulatiohs, a foreign im (4) Customer. The term “customer" engines, radar, etc., unless the foreign im porter may not reexport the U.S. origin as used in this section, means a person porter installs the components on or returns commodities in the form received, or or firm in a country other than Country them to the vessel or aircraft for use on such otherwise dispose of the commodities in Group S, W, Y, or Z, who is supplied U.S.- vessel or aircraft. any manner without the prior approval 3. Foreign Importers Engaged in Both origin commodities through a distribu of the Office of Export Control. The per tor as defined in subparagraph (3) of Qualifying and Nonqualifying Types of Busi missive reexport provisions of §§ 371.4(b) nesses. In some instances a foreign im this paragraph. and 372.12(d) (5) of the Export Regula porter may be engaged in several types of (b) Establishment of alternative pro tions relating to the reexport of certain businesses but not all of them may qualify cedure for the distribution of U.S. com commodities within the GLV dollar value un der th e p roced ure set fo rth in th is § 373.3. modities by a subsidiary, affiliate, or For example, the importer may be engaged limitation shown on the Commodity in repairing aircraft or vessels, as well as branch of U.S. exporter. (1)A U.S. ex Control List (§ 399.1) do not apply to porter is required, under specified cir in selling commodities to other repairmen, commodities exported from the United or in reexporting the commodities to other States under the provisions of this cumstances, to obtain and submit to the countries. The fact that the importer is Office of Export Control certain docu § 373.3. engaged in these several types of businesses mentation in support of his application does not preclude him from qualifying under * * * * * for an export license. (See §§ 373.2, this procedure with respect to U.S.-origin § 373.4 Distribution of U.S. commodi 373.65, 373.67, and 373.70.) In addi commodities which are used by him in the ties by foreign-based subsidiary, af* tion, a reexport to a third country must repair, maintenance or servicing of vessels filiate, or branch. or aircraft. However, with reject to com be authorized by means of a specific in modities which the improper purchases in (a) Definitions. As used in this § 373.4dividual authorization, (See §§371.4 the United States for end uses not authorized (and in the related form s), the following and 372.12 of this chapter.) under this procedure, both the importer and terms are defined in subparagraphs (1) (2) An alternative to these provisions the exporter must meet the standard docu through (4) of this paragraph: is hereby established as described below, mentation and reexport provisions of the (1) Form FC-243 Procedure.x The permitting a U.S. exporter either to stock Export Regulations. provisions for the distribution of U.S. U.S. commodities abroad at a central lo (b) General. (1) S ection s 373.2,commodities by the U.S. exporter or his cation for distribution to customers m 373.65, 373.67, and 373.70 require, under subsidiary, affiliate, or branch set forth the country where the stock is located or specified circumstances, the foreign con in this § 373.4 are referred to as the in other countries; or, when necessary to signee to send his U.S. exporter an Im “Form FC-243 procedure.” fill ap urgent need or a specialized re port Certificate, a Hong Kong Import (2) Foreign-based stock. The term quirement which cannot be filled from License, a consignee/purchaser state “ foreign-based stock” is a stock of U.S.- the foreign-based stock, to ship the com ment, a Swiss Blue Import Certificate, or origin commodities, not identified by the modities directly to these customers from a Yugoslav End Use Certificate for use in symbol “B” in the last column of the his U.S. stocks. connection with the submission of an Commodity Control List (see § 399.1), application for an export license to the which has been duly licensed by the Office Office , of Export Control. In addition, of Export Control for stocking outside the 2 See § 373.4(c) (4) regarding use of other procedures. . before U.S.-origin parts, accessories, 8 The instruction from the distributor equipment, or components may be used 1 Copies o f F o rm FC—243 m ay be ob ta in ed ship directly from the United States to h1“ abroad in the repair, maintenance or at all U.S. Department of Commerce field approved customer, together with the rel®_e_ servicing of a vessel or aircraft, author offices listed on page 1 and from the U.S. export order shall be retained by the u. • ization must be obtained from the Office Department of Commerce, Office of Export exporter, as p rovid ed b y § 372.4 ( f ) (4) a of Export Control, either on the validated C on trol, W ash in gton , D.C. 20230. (h) of this chapter.
FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4347
(c) Exports, reexports, and distribu cedure, authorization, or provision. Per provisions of § 372.5. In submitting an tions under the Form FC-243 procedure. sons or firms located in Country Group application, the applicant is not required (1) A U.S. exporter who qualifies under S, W, Y, or Z will not be approved as dis to provide the Office of Export Control the provisions of paragraph (d) of this tributors under the Form FC-243 pro with an Import Certificate, Statement section may apply for and obtain li cedure. Customers in Country Group by Consignee and Purchaser or any other censes. for exports to an approved des S, W, Y, or Z may be approved only on supporting document other than Form tination for the purpose of maintaining an individual transaction basis with the FC-143 or Form FC-243.— a foreign-based stock covering any com prior written approval of the Office of (3) Shipment to distributor. An appli modity not identified by the symbol “B” Export Control for each shipment from cation covering shipments to the distrib in the last column of the Commodity the foreign-based stock. utor of commodities set forth on the Control List, except the following com (5) Except as provided in paragraph validated Form FC-143 (see subpara modities : '(e) (4) of this section, in no case may graph (1) (i) of this paragraph) must Export an export, reexport, distribution, or re be received in the Office of Export Control sale be made under the Form FC-243 Control prior to the expiration date Commodity procedure to any person or firm until the shown on the validated Form FC-143 or No. Commodity Description exporter has received a validated Form on an extension thereof. In completing 71420 Electronic computers. FC-243 showing the Office of Export the application, the applicant shall enter 72620 X-ray machines, and specially de Control approval of that person or firm the following statement in the space en signed parts therefor, and flash dis as a customer. titled “Additional Information” or on an charge type X-ray tubes. 72952 Vibration testing equipment. (6) The permissive reexport provi attachment thereto: ::s 72952 and 86198 Mass spectrom eters. sions of the Export Regulations relating The ultimate consignee named in this ap 72970 Neutron generators and specially de to the reexport of commodities within plication is an approved distributor of U.S. signed parts therefor, and neutron the established GLV dollar value limits commodities stocked abroad and has been generator tubes. (see §§ 371.4(b) and 372.12(d) of this assigned validation number (insert Form In addition, the U.S. exporter may apply chapter) shall not apply to exports, re FC-143 validation num ber). for an export license to ship directly to exports, or distributions under this pro (4) Urgent direct shipment to distrib his distributor’s customer either: cedure. utor’s customer. This type of license ap (i) Upon instructions from his dis * * * * * plication (see subparagraph (l)(ii).of tributor, when shipment directly from (f) Application for export license— this paragraph) may be submitted where the United States is necessary to supply (1) Types of applications. A U.S. ex the United States exporter is advised by promptly an urgent need or specialized porter who has received a validated his distributor that an order has been re requirement for commodities which are ceived from an approved customer for covered by this Form FC-243 procedure Form FC-143 may apply for three dif ferent types of export licenses under a commodity which has been approved but are not available from the foreign- this procedure: on the customer’s validated Form FC-243 based stock, or but which is not in the distributor’s (ii) For shipment to an approved cus (1) A license to export commodities to his distributor for subsequent distribu foreign-based stock and for which the tomer of parts and components to be customer has an urgent need or a used in repairing equipment originally tion, as set forth in paragraph (c) (2) of this section. specialized requirement. The license ap manufactured by the U.S. exporter. plication must be received in the Office These exports may be made without ob (ii) A license to export directly to his distributor’s approved customer com of Export Control prior to the expiration taining or submitting documents other date shown on the validated Form FC- wise required by the Export Regulations modities which are not available from and referred to in paragraph (b) of this the foreign based stock but for which 243 or an extension thereof. In addition, section. shipment directly from the United the application shall include the follow (2) The Form FC-243 procedure also States is necessary to meet an urgent ing statement in the space entitled, permits the distributor, until the expira need or a specialized requirement of the “Additional Information” or on an at distributor’s customer. tion of revocation of his validated Form tachment thereto: FC-143, Request for Authorization to (iii) A license to export directly to his Distribute U.S.-Origin Commodities distributor’s approved customer parts The ultimate consignee named in this ap Stocked Abroad to Approved Customers,1 and components which are not stocked plication is an approved customer of our foreign distributor. Our distributor (insert to distribute or reexport the commodities by the distributor and which are to be used in the repair of equipment origin Form FC-143 validation number) requests stocked abroad, without obtaining prior that shipment be made directly from the Office of Export Control approval for ally manufactured by the U.S. exporter, United States to fill an urgent need or each separate individual transaction, to in an amount based on the U.S. export specialized requirement. any customer who has been approved by er’s estimate of the quantity which he the Office of Export Control in accord expects to ship during the next 6 calen (5) Shipments of parts and compo ance with the provisions of paragraph dar months. nents direct to distributor’s customer. le) of this section, whether such cus (2) General provisions. An applica This type of license application (see sub- tomer is in the country where the tion for export license described in sub- paragraph (1) (iii) of this paragraph) foreign-based stock is located or in any paragraph (1) of this paragraph shall may be submitted where all of the fol other country. be completed in accordance with the lowing conditions are met: (3) Only a distributor, as defined in provisions of § 372.5 except as modified Paragraph (a) (3) of this section, will by this subparagraph (2) or by subpara (i) The license application is received be qualified under the Form FC-243 graphs (3), (4), or (5) of this paragraph. in the Office of Export Control prior to procedure. Any commodities may be included on a the expiration date shown on the cus . ^ Where a commodity, customer, single application if the first two digits tomer’s validated Form FC-243 or an distributor, or desination is not ap of the Processing Number for each com extension thereof. modity are the same.1 (For example: proved under the Form FC-243 proce (ii) The commodities described on the dure, the exporter is not precluded from commodities bearing the Processing using any other applicable export pro- Numbers 611, 612, and 618 may be in license application represent parts and cluded on a single application since the components which will be used by the , 1 c°Pies of Forms FC-143 and FC-243 n first two digits are the same in each distributor’s customer in repairing equip obtained at all U.S. Department of Co: case.) Commodity Control List descrip ment originally manufactured by the tt offlces listed on page i and fri tions and 'Export Control Commodity U.S. exporter or which will be supplied ¿T® u;s - Department of Commerce, Office numbers, however, must be shown for xport Control, W ash in gton , D.C. 20230. each commodity in accordance with the by the distributor’s customer to another 7 k T 6 ?:evisions of Form FC-143 refer in it party exclusively for this purpose. If pari! ?OUntry Groups W, Y, and Z. If the parts and components are reexported lit™e/ i SS^ance of Form FC-143 is used, 1 1 For license applications covering aircraft and equipment, parts, accessories, and com for this purpose, the reexportation will acc FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4348 RULES AND REGULATIONS on the customer’s validated Form FC- (b) For* commodities having a rated ing the commodities shown on the appli 243. In addition, the parts and compo capacity, show maximum rating. cation in accordance with Commodity nents will not be used in repairing equip (c) For machinery, equipment, or Control List entries, or from describing ment owned or controlled by, or leased parts, if production and export cannot the commodities in accordance with the or chartered to a country in Country be completed within 6 months, the Office com m od ity description terminology Group S, W, Y, or Z, or a national of any of Export Control will consider the is shown on the Commodity Control List. of these countries. suance of a license with a validity period ♦ * * * * (iii) Each order received from the dis of 1 year. In these instances, the ex tributor’s customer should, whenever § 373.56 M achinery, equipment, and porter shall enter this request on the parts.1 possible, include a certification from the application in the space entitled “Addi customer that he will comply with all tional Information,” or on an attach Applications for licenses to export ma the provisions of subdivision (ii) of this ment thereto explaining the circum chinery, equipment, and parts for ma subparagraph. Regardless of whether stances upon which the request is based, chinery and equipment must include the the certification appears on the order, and giving the approximate date of following identifying information in ad the U.S. exporter will, at the time of availability for export. dition to the requirements of § 372.4(e) filling the order, transmit a written of this chapter: notification to the customer setting forth § 373.42 Iron and steel. (a) A copy of manufacturer’s current these restrictions. Any iron and steel products not iden catalog or bulletin, or pertinent pages (iv) The commodities set forth on the tified by the symbol “B” in the last col therefrom describing the commodity, license application are included on the umn of the Commodity Control List unless previously furnished; customer’s validated Form FC-24^ and (§ 399.1) are subject to the special pro (b) For commodities having a rated are in a quantity which the exporter ex visions set forth in § 373.19. capacity, show maximum rating; and (c) For machinery, equipment, or pects to ship to the customer during the § 373.46 Iron and steel. next 6 calendar months for use in repair parts, if production and export can not ing equipment originally manufactured Any iron and steel products not iden be completed within 6 months, the Office by the exporter’s firm. tified by the symbol “B” In the last col of Export Control will consider the issu umn of the Commodity Control List (v) The license application includes ance of a license with a validity period of (§ 399.1) are subject to the special pro the following statement in the space en 1 year. In these instances, the exporter visions set forth in § 373.19. titled “Additional Information” or on an shall enter this request on the applica tion in the space entitled “Additional attachment thereto: § 373.47 Machinery, equipment, and parts.2 Information,” or on an attachment The ultimate consignee named in this ap thereto explaining the circumstances plication is an approved customer of our Applications for licenses to export ma upon which the request is based, and foreign distributor (insert Form FC-i43 chinery, equipment, and parts for ma giving the approximate date of avail validation number). Before making any chinery and equipment identified by the ability for export. shipment under this license, if granted, symbol “B” in the last column of the I(w e) shall: (1) obtain an export order from § 373.63 Iron and steel. the ultimate consignee, (2) wherever pos Commodity Control List (§ 399.1), must sible, obtain a written certification from the include the following identifying infor Any iron and steel products not identi ultimate consignee on the export order with mation in addition to the requirements fied by the symbol “B” in the last column regard to the restrictions set forth in of § 372.4(e) of this chapter: of the Commodity Control List aresub- § 373.4(f) (5) (ii) of the Comprehensive Ex (a) A copy of manufacturer’s current ject to the special provisions set forth in port Schedule, and (3) for each shipment catalog or bulletin, or pertinent pages § 373.19. notify the ultimate consignee, in writing, of therefrom describing the commodity, un these restrictions. less previously furnished. PART 374— PROJECT LICENSE If the quantity licensed under this pro * * * * * cedure proves insufficient to meet the re § 374.2 Commodities and technical data quirements of a particular customer, a § 373.48 Aircraft and equipment, parts, subject to project license. accessories* and components there request for an amendment to increase for. The project licensing procedure is ap the quantity authorized for export may plicable to all commodities and technical be submitted in accordance with the pro (a) Spare parts accompanying air datav which require a validated license visions of Part 380. However, no amend craft. (1) Notwithstanding the provi for export as well as commodities which ment will be granted to extend the valid sions of § 372.5 (a), (d), and (e) of this may be exported under General License ity period of such a license. Instead, the chapter, where the applicant intends to GLV except: exporter should submit a new applica export aircraft and accompanying spare (a) Commodities identified by the tion for license 30 days prior to the ex parts for jsuch aircraft to any destina symbol “F ” in the last column of the piration date of an outstanding license. tion except Country Group W, Y, or Z Commodity Control List; (See § 370.1(g) of this chapter), the ap The new application shall be accompa (b) Commodities related to nuclear plicant may: (1) Include both the air nied, in addition to the requirement set weapons, nuclear explosive devices, or craft and the accompanying spare parts forth in subdivision (v) of this subpara nuclear testing, as described in § 373.7(b) graph, by a statement from the applicant on a single application, even though these commodities may not have the of this chapter; and setting forth the total quantity and value (c) Unpublished technical data relat of each commodity shipped under the same Processing Numbers; and (ii) show on the application the total value of all ed to nuclear weapons, nuclear explosive previous license, as of the date of the devices, or nuclear testing, as described new application. the accompanying spare parts without the necessity for indicating the value of in § 385.2(c) (3) (vi) of this chapter. * * * * * each Commodity Control List entry (d) Commodities destined directly or shown on the application, if at the time indirectly to Country Group S which are § 373.35 Machinery equipment and of submitting the application the appli listed in .§ 373.69(a) (1) of this chapter. parts. cant is unable to determine the value of § 374.3 Basis for consideration of license Applications for licenses to export ma the parts for each Export Control Com applications. chinery, equipment, and parts for ma modity number. * * * * * chinery and equipment must include the (2) The provisions of this § 373.48 do (a) Volume of validated license ship following identifying information in ad not relieve the applicant from classify- dition to the requirements of § 372.4(e) ments. * * * of this chapter. 2 Parts, accessories, and equipment which 1 Parts, accessories, and equipment which (a) A copy of manufacturer’s currentare to be scrapped are classified as scrap e.g., are to be scrapped are classified as scrap e g-- catalog or bulletin or pertinent pages E x p ort C on trol C o m m o d ity Nos. 28200, 28402, Export Control Commodity Nos. 28200. therefrom describing the commodity, un 28403, 28404, etc. See § 399.2, In te rp re ta tio n 28402, 28403, 28404, etc. See § 399.2, Inter less previously furnished. 10 . , p re ta tio n 10. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4349 (2) The commodities to be exported (f) Where to file. * * * commodities included in each group, are are covered by entries in the Commodity (3) Amendment requests on which sh ow n in § 399.4. Control List (§ 399.1) showing at least field offices may not take action. The • * * * * four commodity Processing Numbers in Department of Commerce field offices § 399.2 Commodity interpretations. which the first two digits of each such are not authorized to take action on re Processing Number are different. For quests for amendments to licenses under ***** example, Processing Numbers 411, 421, the conditions described below. All such I nterpretation 8: A lloy Steel, Special 612, and 621 would meet this require requests shall be filed with the U.S. De T ypes Class 1A and Class IB ment for approval, since the first two partment of Commerce, Office of Export SPECIAL TYPES CLASS 1A digits in each case are different, i.e.; 41, Control, Operations Division (Attention: 42, 61, and 62, respectively. On the 852) Washington, D C. 20230. The term “special types Class 1A” is used other hand, Processing Numbers 411, (i) Request for amendment or exten in the Commodity Control List to designate certain alloy steels which are subject to the 412, 413, and 418 would not meet this sion of a license covering an export to Import Certificate/Delivery Verification pro requirement for approval, because the Country Group S, Y, or Z, unless the cedure (§ 373.2 of this chapter). For export first two digits in each Processing Num amendment involves no more than a cor control purposes “special types Class 1A” of ber are the same. rection of obvious error(s) in the license, stainless and other alloy steel includes steels * * * * " * such as a mistake in typing. produced by a vacuum melting process (ii) Request for amendment of a li which have a total content of alloying ele PART 376— PERIODIC REQUIRE cense where the intended port of exit is ments of more than 10 percent and a carbon not known to the licensee. content not exceeding 0.2 percent and which MENTS (PRL) LICENSE have been or are capable of being heat (iii) Request for amendment or ex § 376.4 Application requirements. tre a ted to g ive a y ie ld stren gth o f 180,000 tension of a license for a shipment which p.s.i. or higher. Yield strength is the stand (a) How to prepare a PRL Licensehas already been laden aboard the ex ard 0.2 percent offset yield strength. application. An application for a PRL porting carrier or exported (see para SPECIAL TYPES CLASS IB License shall be prepared and submitted graph (i) (2) of this section). on Form FC-419, Application for Export (iv) Request for amendment or ex The term “special types Class IB” is used License (rev. Jan. 1966), with Form in the Commodity Control List to designate tension of a Project License. certain alloy steels which are not subject to FC-420, Application Processing Card,1 (v) Request for amendment or ex the Import Certificate/Delivery Verification attached, in accordance with instruc tension of a license for export of any procedure but require a validated license to tions contained in § 372.5 of this chapter, commodity listed in § 374.2(c) of this all country group destinations. For export and with the following specific modifi chapter other than the commodities control purposes “special types Class IB ” of cations: stainless and other alloy steel includes steels listed under Export Control Commodity not specified in “Special Types Class 1A” (1) General. An application for a Nos. 71420, 72620, 72952, 72970, and 86198. PRL License shall include only one above but which contain any of the follow country of ultimate destination. More (vi) Request for amendment or ex ing characteristics: than one commodity may be included on tension of a Technical Data License. (a) Alloys with 10 percent or more molyb a single application, provided the com (vii) Request for amendment or ex denu m ; modities are listed on the Commodity tension of a license for export of com (b) Alloys with 5 percent or more molyb Control List (§ 399.1) with the same modities related to nuclear weapons, denum and more than 14 percent chromium; nuclear explosive devices, or nuclear (c) Alloys with 1.5 percent or more colum- Processing Number (see § 372.5(e) of bium and/or tantalum; this chapter). Exports to more than one testing, as described in § 373.7(b) of this chapter. (d) Nickel-bearing stabilized steel, n.e.c., consignee within the same country of having a total of 38 percent or more alloying destination may also be included on a (viii) Request for amendment or ex elements and having either 0.4 percent or single application. I f more than one tension of a license covering the export more titanium or 0.8 percent or more consignee is included on the application, of any commodity listed in § 373.18(a) coiumbium-tantalum; or the applicant shall attach a list, in dupli of this chapter. (e) Precipitation hardening steels contain cate, of the names and addresses of the (4) Duplicate request covering same in g 4 p ercen t or m ore nickel. proposed consignees, and insert “ See at license. A request for amendment shall * * * * * tached list of consignees,” on the appli not be submitted to or acted upon by any cation in the space entitled “Ultimate [F .R . Doc. 67-3112; F iled , M ar. 21, 1967; field office of the U.S. Department of 8:45 a.m .] Consignee In Foreign Country ; ” Commerce if an amendment request ***** covering the same license is currently pending action or has been previously PART 377— TIME LIMIT (TL) LICENSE denied by the Office of Export Control, § 377.2 Commodities subject to TL Li or by any other field office. Title 19— CUSTOMS DUTIES cense. * * * * * Chapter I— Bureau of Customs, The commodities which may be ex ported under the time limit licensing PART 399— COMMODITY CONTROL Department of the Treasury procedure are all commodities listed on LIST AND RELATED MATTERS the Commodity Control List (§ 399.1) for § 399.1 Commodity Control List. PART 1— GENERAL PROVISIONS which a validated license is required for G eneral Notes to Com m odity Control L ist exports to Country Group T by the infor PART 2— MEASUREMENT OF mation set forth in the column headed VESSELS Validated License Required for Coun ■ (d ) Processing Numbers. For each entry try Groups Shown Below,” except: on the Commodity Control List a three digit PART 3— DOCUMENTATION OF n u m b er (e.g., 411, 418, or 601) appears in VESSELS (a) Commodities identified by the the "Processing Number” column. These symbol “G” in the last column of the Processing Numbers must be shown on the commodity Control List; and application for export license since they are PART 23— ENFORCEMENT OF CUS (b) Commodities related to nuclear used to facilitate the routing and processing TOMS AND NAVIGATION LAWS weapons, nuclear explosive devices, or of export license applications within the Of nuclear testing as described in § 373.7(b) fice of Export Control. Only those entries Notice of Continuation of Certain of this chapter. on the Commodity Control List that have Functions the same Processing Number may be entered on a ^single application for export license. C r o s s R e f e r e n c e : PART 380— AMENDMENTS, EXTEN (For complete information on the inclusion For a document af SIONS, TRANSFERS of related commodities on a single applica fecting certain Customs Bureau func tion, see 372.5(e) of this chapter.) tions, see F.R. Doc. 67-3101, Department § 380.2 Amendments or alterations < Commodity Processing Numbers, grouped licenses. according to the three licensing divisions in of the Treasury, Coast Guard, in the the Oflice of Export Control that license the Notices section of this issue, infra. FEDERAL REGISTER, VOL. 32, N0^55— WEDNESDAY, MARCH 22, 1967 4350 RULES AND REGULATIONS Drug, and Cosmetic Act. Any such drug PART 31— NONALCOHOLIC Title 21— FOOD AND DRUGS preparation that is labeled, represented, BEVERAGES or advertised as containing fluorides as Chapter I— Food and Drug Adminis an active ingredient of the drug for pre Canned Soda Water, Identity Stand tration, Department of Health, Edu natal use will similarly be regarded as ard; Confirmation of Effective Date cation, and Welfare misbranded and subject to regulatory of Order Listing Stannous Chloride proceedings. SUBCHAPTER A— GENERAL as Optional Chemical Preservative (c) A completed and signed “Notice of PART 3— STATEMENTS OF GENERAL Claimed Investigational Exemption for In the matter of amending the stand POLICY OR INTERPRETATION a New Drug,” Form FD-1571 set forth in ard of identity for soda water (21 CFR § 130.3 of this chapter, must be sub 31.1) by listing stannous chloride as an Oral Prenatal Drugs Containing mitted to cover clinical investigations optional chemical preservative in canned Fluorides for Human Use designed to obtain evidence that such soda water: A statement of policy, § 3.53, concern preparations are effective for such uses. Pursuant to the provisions of the Fed ing human-use oral prenatal drugs con (d) Regulatory proceedings may be eral Food, Drug, and Cosmetic Act (secs. taining fluorides, was published in the initiated with respect to drug prepara 401, 701, 52 Stat. 1046, 1055, as amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, F e d e r a l R e g is t e r of October 20, 1966 tions shipped within the jurisdiction of 371) and in accordance with the author (31 F.R. 13537), and stated that regula the act that are contrary to provisions of this statement after 30 days from the ity delegated to the Commissioner of tory proceedings might be initiated with Food and Drugs by the Secretary of respect to drug preparations labeled con date of publication of this statement in the F e d e r a l R e g is t e r . Health, Education, and Welfare (21 CFR trary to the statement and shipped after 2.120), notice is given that no objections 60 days from October 20, 1966. Subse (Secs. 5 0 2 (a ), ( f ) , 505, 7 0 1 (a ), 52 S tat. 1050, were filed to the order in the above-iden quently, to allow time for the submission 1051, 1052, as am ended, 1055; 21 U.S.C. 352 tified matter published in the F ed e r a l of documentary evidence that might jus (a ) , ( f ) , 355, 3 7 1 (a )) R e g is t e r of January 17, 1967 (32 F.R. tify reconsideration of the policy state 449). Accordingly, the amendment pro ment, § 3.53 was amended by an order Dated: March 14, 1967. mulgated by that order will become ef published December 20, 1966 (31 F.R. J a m e s L . G o d d a r d , fective March 18, 1967. 16266), and specified that such regula Commissioner of Food and Drugs. tory proceedings would not be initiated (Secs. 401, 701, 52 S tat. 1046, 1055, as before February 17,1967. [F .R . Doc. 67-3113; F iled , M ar. 21, 1967; am en ded 70 S tat. 919, 72 S tat. 948; 21 U.S.C. The evidence submitted in response to 8:47 a.m .] 341, 371) that order has been reviewed, and ques Dated: March 16, 1967. tions from interested persons as to SUBCHAPTER B— FOOD AND FOOD PRODUCTS J . K . K i r k , whether § 3.53 permits the labeling of Associate Commissioner the subject drugs to bear claims for the PART 19— CHEESES, PROCESSED for Compliance. prevention of caries in pregnant women CHEESES, CHEESE FOODS, CHEESE [F.R. Doc. 67-3115; Filed, Mar. 21, 1967; and whether it is permissible for such 8:47 a.m .] preparations to contain fluorides without SPREADS, AND RELATED FOODS labeling claims with respect to such Certain Cheeses; Confirmation of Ef fluoride content have been considered. PART 53— TOMATO PRODUCTS fective Date of Order To Permit Use Based on the evidence submitted in Canned Tomatoes, Identity Stand of Additional Safe and Suitable response to the order of December 20, ard; Confirmation of Effective Date Milk-Clotting Enzymes 1966, other available evidence, and con of Order Ruling on “Solid Pack” sideration given the questions raised re garding § 3.53, the Commissioner of Food In the matter of amending the stand Labeling Provision and Drugs concludes that the statement ards of identity for Cheddar, washed In the matter of amending the stand of policy should be revised as set forth' curd, colby, granular, and swiss cheese ard of identity for canned tomatoes (21 (21 CFR 19.500,19.505,19.510,19.535, and below. CFR 53.40) to establish a definition for 19.540) to permit use of safe and suitable solid pack canned tomatoes and thereby Therefore, under the authority vested milk-clotting enzymes, other than the in the Secretary of Health, Education, ruling on the “solid pack” provision of presently permitted rennet, in cheese- the proposal of January 28, 1966 (31 F.R. and Welfare by the Federal Food, Drug, making: and Cosmetic Act (sfecs. 502 (a), (f), 505, 1154). 701(a), 52 Stat. 1050, 1051, 1052, as Pursuant to the provisions of the Fed Pursuant to the provisions of the Fed amended, 1055; 21 U.S.C. 352 (a), (f), eral Food, Drug, and Cosmetic Act (secs. eral Food, Drug, and Cosmetic Act (secs. 355, 371(a)) and delegated by him to the 401, 701, 52 Stat; 1046, 1055, as amended 401, 701, 52 Stat. 1046, 1055, as amended Commissioner (21 CFR 2.120), §3.53 is 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) and in accordance with the author revised to read as follows: 371) and in accordance with the author ity delegated to the Commissioner of ity delegated to the Commisisoner of § 3.53 Oral prenatal drugs containing Food and Drugs by the Secretary of Food and Drugs by the Secretary of fluorides intended for human use. Health, Education, and Welfare (21 CFR Health, Education, and Welfare (21 CFR (a) The Food and Drug Administra 2.120), notice is given that no objections 2.120), notice is given that no objections tion finds that there is neither substan were filed to the order in the above-iden were filed to the order in the above-iden F e d e r a l tial evidence of effectiveness nor a gen tified matter published in the tified matter published in the F e d e r a l R e g is t e r eral recognition by qualified experts that of January 14, 1967 (32 F.R. R e g is t e r of December 20, 1966 (31 F R- prenatal drug preparations containing 410). Accordingly, the amendments pro 16266). Accordingly, the amendment fluorides promote tooth development in mulgated by that order will become ef promulgated by that order became effec the fetus, prevent dental caries in the fective March 15,1967. tive February 18, 1967. offspring, or prevent dental caries in (Secs. 401, 701,' 52 S tat. 1046, 1055, as (Secs. 401, 701, 52 Stat. 1046, 1055, as am end pregnant women. am en ded 70 S tat. 919, 72 S tat. 948; 21 U.S.C, ed 70 S tat. 919, 72 S tat. 948; 21 U.S.C. 341, (b) Any such drug preparation that is 341, 371) 371) so labeled, represented, or advertised will Dated: March 14,. 1967. Dated: March 16, 1967. be regarded as misbranded and subject to regulatory proceedings unless v” such J. K . K i r k , J . K . K i r k , Associate Commissioner Associate Commissioner recommendations are covered by a new- for Compliance. drug application, including substantial for Compliance. evidence of effectiveness, approved pur [F .R . Doc. 67-3114; F iled , M ar. 21, 1967; [F.R. Doc. 67-3116; Filed, Mar. 21, 1967; suant to section 505 of the Federal Food, 8:47 a.m .] 8:47 a.m .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4351 PART 120— TOLERANCES AND EX and dieldrin at the reduced levels re on straws of barley, oats, rice, rye, and EMPTIONS FROM TOLERANCES FOR quested by the petitioner on the citrus wheat; at 0.05 part per million in or on PESTICIDE CHEMICALS IN OR ON fruits (grapefruit, lem ons, limes, grapefruit, lemons, limes, oranges, rice RAW AGRICULTURAL COMMODI oranges, and tangerines) and the grain grain, and tangerines; at 0.02 part per and straw of barley, oats, rye, and wheat, million in or on the grains of barley, oats, TIES and for residues of aldrin on rice. The rye, and wheat. Aldrin and Dieldrin request for these revised tolerances on these commodifies is being referred to a § 120.137 Dieldrin; tolerances for resi dues. A notice was published in the F e d e r a l scientific advisory committee, as re R e g is t e r of May 29, 1965 (30 F.R. 7249), quested by the petitioner, and further Tolerances for residues of the in proposing that the pesticide regulations action will be taken after receipt of the secticide dialdrin in or on raw agricul be amendedJjO change certain tolerances report of the advisory committee. tural commodities are established as fol for residues of the insecticides aldrin and The Secretary of Agriculture has cer lows: dieldrin. Based on recommendations of tified that these pesticide chemicals are 0.1 parts per million in or on apples, an advisory committee, and available useful for the purposes for which toler apricots, asparagus, bananas, broccoli, data, it was proposed that: ances are being established. brussels sprouts, cabbage, carrots, cauli L The tolerances for aldrin and diel Data in the petition and elsewhere flower, cherries, cranberries, cucumbers, drin established at 0.75 and 0.25 part per available show that residues of dieldrin, eggplant, grapes, horse radish, lettuce, million for specified commodities be re the epoxidation product of aldrin, appear mangoes, nectarines, onions, parsnips, duced to zero * and when aldrin is applied to raw agricul peaches, pears, peppers, pimentos, plums 2. The tolerances for these insecti tural commodities. Pesticide Petition (fresh prunes), potatoes, quinces, cides on small grains, sugarbeets, and No. 5F0449 has been amended to reflect radishes, radish tops, salsify roots, straw sugarbeet tops be reduced from 0.1 part this change. The tolerances for aldrin berries, summer squash, sweet potatoes, per million to zero because data indicate therefore are modified to include its tomatoes. that residues of aldrin at the tolerance epoxidation product, dieldrin. Where a Zero in or on alfalfa, beans, black-eyed level in sugarbeet tops and of aldrin and finite tolerance is established for the use peas, cantaloups, clover, collards, com dieldrin at the tolerance level in grains of aldrin on a commodity, and there is a grain, corn forage, cowpeas, cowpea hay, (and in grain straw) will result in diel zero tolerance for dieldrin, this zero endive (escarole), garden beets, garden drin residues in milk and meat when tolerance is deleted. beet tops, grain sorghum, grain sorghum these items are consumed by livestock, After consideration of the data avail forage, kale, kohlrabi, lespedeza, mustard and residues in sugarbeet pulp and in able, it is concluded that the tolerances greens, peas, pea hay, popcorn, ruta dried citrus pulp from treated sugarbeet established by this order will protect the bagas, salsify tops, spinach, soybeans, roots and treated citrus, respectively, public health. Therefore, by virtue of soybean hay, Swiss chard, turnips, turnip will transfer from these feeds to milk the authority vested in the Secretary of tops. and meat. '(There are no tolerances for Health, Education, and Welfare by the Additional tolerances for residues of residues of aldrin or dieldrin in milk and Federal Food, Drug, and Cosmetic Act dieldrin are established, on an interim meat.) (sec. 408 (b), (d ), (e), 68 Stat. 511, 512, basis pending referral to an advisory The Shell Chemical Co., New York, 514; 21 U.S.C. 346a (b), (d), (e.)) and committee, at 0.1 part per million in or N.Y., filed pesticide petitions (PP 5F0449, delegated by the Secretary to the Com on the straws of barley, oats, rye, and 5F0450) requesting that the decrease for missioner of Food and Drugs (21 CFR wheat; at 0.05 part per million in or on residues of aldrin and dieldrin, respec 2.120), §§ 120.135 and 120.137 are revised grapefruit, lemons, limes, oranges, and tively, on some of the crops be from 0.75 to read as follows: tangerines; at 0.02 part per million in or or 0.25 part per million to 0.1 part per on the grains of barley, oats, rye, and million rather than to zero as proposed. § 120.135 Aldrin; tolerances for resi wheat. The petitioner did not dispute the find dues. ing that data are inadequate to support Tolerances for total residues of the Any person who will be adversely af tolerances above zero for residues of insecticide aldrin and its epoxidation fected by the foregoing order may at any aldrin in or on apples, apricots, carrots, product dieldrin, resulting from applica time within 30 days from the date of its garlic, leeks, onions, peanuts, pears, tion of aldrin, in or on raw agricultural publication in the F e d e r a l R e g is t e r file quinces, radishes, and above zero for res commodities are established as follows: with the Hearing Clerk, Department of idues of dieldrin in or on rice grain and 0.1 part per million in or on asparagus, Health, Education, and Welfare, Room straw and turnips. Subsequently, gar broccoli, brussels sprouts, cabbage, 5440, 330 Independence Avenue SW„ den beets, garden beet tops, rutabagas, cantaloups, cauliflower, celery, cherries, Washington, D.C. 20201, written objec turnips, and turnip tops were withdrawn cranberries, cucumbers, eggplant, tions thereto, preferably in quintupli- from the aldrin petition and garden grapes, lettuce, mangoes, muskmelons, cate. Objections shall show wherein the beets, garden beet tops, pineapples, and nectarines, peaches, peppers, pimentos, person filing will be adversely affected rutabagas were withdrawn from the pineapple, plums (fresh prunes), by the order and specify with particu dieldrin petition. Also, the tolerance potatoes, pumpkins, strawberries, sum larity the provisions of the order deemed levels requested in said petitions for al- mer squash, sweet potatoes, tomatoes, objectionable and the grounds for the drm and dieldrin were reduced by the watermelons, winter squash. objections. If a hearing is requested, petitioner to 0.05 part.per million in or Zero in or on alfalfa, apples, apricots, the objections must state the issues for the hearing. A hearing will be granted on citrus fruits and to 0.02 part per mil- beans, black-eyed peas, carrots, clover, if the objections are supported by ion in or on the grains of barley, oats, collards, corn forage, com grain, cow- rye, and wheat; and the tolerance level grounds legally sufficient to justify the peas, cowpea hay, endive (escarole), relief sought. Objections may be ac requested for aldrin in or on rice grain garden beets, garden beet tops, garlic, was reduced to 0.05 part per million. companied by a memorandum or brief in grain sorghum, grain sorghum forage, support thereof. -tolerances are established in this or- horse radish, kale, kohlrabi, leeks, les- nSir °r ,residues of aldrin at 0.1 part per pedeza, mustard greens, onions, parsnips, Effective date. This order shall be ln or on broccoli, brussels sprouts, peanuts, peanut hay, pears, peas, pea come effective on the date of its publi ” ~l7 age’ cauliflower, cucumbers, lettuce, hay, popcorn, quinces, radishes, ruta cation in the F e d e r a l R e g is t e r . ?,sVmn}er squash and for residues of bagas, salsify tops, salsify roots, shallots, (Sec. 408 ( b ) , (d ) , ( e ) , 68 S tat. 811, 512, 514; aieidrm at 0.1 part per million in or on soybeans, soybean hay, spinach, sugar- 21 U.S.C. 346a ( b ) , (d ) , (e ) ) S g ® * bananas, broccoli, brussels beets, sugarbeet tops, Swiss chard, S K JSi cabbage, cauliflower, cherries, turnips, turnip tops. Dated: March 13,1967. .. ^™ bers’ lettuce, pears, quinces, and summer squash. Additional tolerances for total residues J a m e s L . G o d d a r d , of aldrin are established, on an interim Commissioner of Food and Drugs. anR?n!i!? tolerances are established on basis pending referral to an advisory [F.R. Doc. 67-3117; Filed, M ar. 21, 1967; interim basis for residues of aldrin committee, at 0.1 part per million in or 8:48 a.m .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4352 RULES AND REGULATIONS PART 120— TOLERANCES AND EX PART 120— TOLERANCES AND EX PART 121— FOOD ADDITIVES EMPTIONS FROM TOLERANCES FOR EMPTIONS FROM TOLERANCES FOR Subpart C— Food Additives Permitted PESTICIDE CHEMICALS IN OR ON PESTICIDE CHEMICALS IN OR ON in Feed and Drinking Water of Ani RAW AGRICULTURAL COMMODI RAW AGRICULTURAL COMMODI mals or for the Treatment of Food- TIES TIES Producing Animals Terbacil Bromacil T hiabendazole A petition (PP 6F0510) was filed with A petition (PP 6F0499) was filed with the Pood and Drug Administration by the Food and Drug Administration by No comments were received in response E, I. du Pont de Nemours & Co., Inc., W il E. I. du Pont de Nemours & Co., Inc., W il to the notice published in the F ederal mington, Del. 19898, proposing the estab mington, Del. 19898, proposing the estab R e g is t e r of January 18, 1967 (32 F.R. lishment of a tolerance of 0.2 part per lishment of a tolerance of 1 part per 578), proposing on the initiative of the million for residues of the herbicide ter million for residues of the herbicide Commissioner of Food and Drugs that bacil (3-ferf-butyi-5-chloro-6-methylu- bromacil in or on the raw agricultural § 121.260 of the food additive regulations racil) in or on the raw agricultural com commodities citrus fruits and pineapples. be amended to provide that animal feeds modities apples, citrus fruits, peaches, The petitioner subsequently reduced the containing thiabendazole not contain pears, and sugarcane. The petitioner tolerance level requested to 0.1 part per bentonite. Accordingly, it is concluded subsequently reduced the proposed toler million. that the amendment should be adopted ance to 0.1 part per million. The Secretary of Agriculture has certi as proposed. The Secretary of Agriculture has cer fied that this herbicide is useful for the Therefore, pursuant to the provisions tified that this herbicide is useful for the purposes for which tolerances are being of the Federal Food, Drug, and Cosmetic purposes for which the tolerances are established. Act (sec. 409(d), 72 Stat. 1787; 21 U.S.C. being established. After consideration of the data sub 348(d)) and under the authority dele gated to the Commissioner by the Secre After consideration of the data sub mitted in the petition and other relevant material, it is concluded that the toler tary of Health, Education, and Welfare mitted in the petition and other relevant (21 CFR 2.120), § 121.260 is amended by material, it is concluded that the toler ances established by this order will pro tect the public health. Therefore, by revising the introduction to paragraph ances established in this order will pro (c) to read as follows: tect the public health. Therefore, by virture of the authority vested in the virtue of the authority vested in the Sec Secretary of Health, Education, and § 121.260 Thiabendazole. retary of Health, Education, and Wel Welfare by the Federal Food, Drug, and * * * * * Cosmetic Act (sec. 408(d)(2), 68 Stat. fare by the Federal Food, Drug, and (c) The additive is used* or intended Cosmetic Act (sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a(d) (2)) and delegated for use in feeds that do not contain ben by him to the Commissioner of Food and 512; 21 U.S.C. 346a(d) (2)) and delegated tonite and as otherwise «escribed, as Drugs (21 CFR 2.120), Part 120 is by him to the Commissioner of Food and follows: amended by adding to Subpart C the Drugs (21 CFR 2.120), Part 120 is * * * * * amended by adding to Subpart C a new following new section: section, as follows: Any person who will be adversely af § 120.210 Bromacil; tolerances for resi fected by the foregoing order may at any § 120.209 Terbacil; tolerances for resi dues. time within 30 days from the date of its dues. A tolerance of 0.1 part per million publication in the F e d e r a l R e g is t e r file A tolerance of 0.1 part per million is is established for residues of the herbi with the Hearing Clerk, Department of established for residues of the herbi cide bromacil (5-bromo-3-sec-butyl-6- Health, Education, and Welfare, Room cide terbacil (3 - f er £-butyl-5 - chloro- 6 - methyluracil) in or on citrus fruits and 5440, 330 Independence Avenue SW., methyluracil) in or on apples, citrus pineapples. Washington, D.C. 20201, written objec fruits, peaches, pears, and sugarcane. tions thereto, preferably in quintuplicate. Any person who will be adversely af=- Any person who will be adversely af Objections shall show wherein the person fected by the foregoing order may at any fected by the foregoing order may at any filing will be adversely affected by the time within 30 days from the dfite of its time within 30 days from the date of its order and specify with particularity the publication in the F e d e r a l R e g is t e r file publication in the F e d e r a l R e g is t e r file provisions of the order deemed objection with the Hearing Clerk, Department of with the Hearing Clerk, Department of able and the grounds for the objections. Health, Education, and Welfare, Room Health, Education, and Welfare, Room If a hearing is requested, the objections 5440, 330 Independence Avenue SW., 5440, 330 Independence Avenue SW., must state the issues for the hearing. A Washington, D.C. 20201, written objec Washington, D.C. 20201, written objec hearing will be granted if the objections tions thereto, preferably in quintupli- tions thereto, preferably in quintuplicate. are supported by grounds legally suffi cate. Objections shall show wherein Objections shall show wherein the per cient to justify the relief sought. Objec the person filing will be adversely af son filing will be adversely affected by the tions may be accompanied by a memo fected by the order and specify with par order and specify with particularity the randum or brief in support thereof. provisions of the order deemed objec ticularity the provisions of the order Effective date. This order shall be deemed objectionable and the grounds tionable and the grounds for the objec tions. If a hearing is requested, the come effective on the date of its publica for the objections. If a hearing is re tion in the F e d e r a l R e g is t e r . quested, the objections must state the objections must state the issues for the issues for the hearing. A hearing will hearing. A hearing will be granted if (Sec. 4 0 9 (d ), 72 S tat. 1787; 21 U.S.C. 348(d )) the objections are supported by grounds be granted if the objections are sup Dated: March 14,1967. ported by grounds legally sufficient to legally sufficient to justify the relief justify the relief sought. Objections sought. Objections may be accompanied J. K . K i r k , by a memorandum or brief in support Associate Commissioner may be accompanied by a memorandum for Compliance. or brief in support thereof. thereof. Effective date. This order shall become [F.R. Doc. 67-3120; Filed, Mar. 21, 1967; Effective date. This order shall be 8:48 a.m.J come effective on the date of its publica effective on the date of its publication in F e d e r a l R e g is t e r . tion in the F e d e r a l R e g is t e r . the (Sec. 4 0 8 (d ) (2 ), 68 S tat. 512; 21 U.S.C. 346a (Sec. 4 0 8 (d )(2 ), 68 S tat. 512; 21 U.S.C. PART 121— FOOD ADDITIVES (d)(2)) 346a(d)(2)) Subpart D— Food Additives Permitted Dated: March 10,1967. Dated: March 13,1967. in Food for Human Consumption J . K . K i r k , J . K . K i r k , Associate Commissioner Associate Commissioner O x id iz e d P olyethylene , for Compliance. for Compliance. The Commissioner of Food and Drugs, [F.R. Doc. 67-3119; Filed, M ar. 21, 1967; [F .R . Doc. 67-3118; F iled , M ar. 21, 1967; having evaluated the data in a petition 8:48 a.m .] 8:48 a.m .] (FAP 6A1938) filed by Eastman Chemi- FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4353 cal Products, Inc., Kingsport, Tenn.- (Sec. 4 0 9 (c )(1 ), 72 S tat. 1786; 21 U.S.C. other relevant material, has concluded 37660, and other relevant material, has 3 4 8 (c )(1 )) that the food additive regulations should concluded that a food additive regulation Dated: March 14, 1967. be amended to provide for the safe use should be issued to provide for the safe of additional substances in the formula use of oxidized polyethylene as a pro J. K . K i r k , tion of coatings for fresh citrus fruit. tective coating or component of coatings Associate Commissioner Therefore, pursuant to the provisions of for certain fresh fruits and vegetables, for Compliance. the Federal Food, Drug, and Cosmetic as set forth below. Therefore, pursuant [F .R . Doc. 67-3123; F iled , M ar. 21, 1967; Act (sec. 409(c)(1), 72 Stat. 1786; 21 to the provisions of the Federal Food, 8:48 a.m .] U.S.C. 348(c) (1) ) and under the author Drug, and Cosmetic Act (sec. 409(c) (1), ity delegated to the Commissioner by the 72 Stat. 1786; 21 U.S.C, 348(c)(1)), Secretary of Health, Education, and and under the authority delegated to PART 121— f o o d a d d it iv e s Welfare (21 CFR 2.120}, § 121.1173(b) is the Commissioner by the Secretary of Subpart D— Food Additives Permitted amended by revising the item “Penta- Health, Education, and Welfare (21 CFR erythritol ester * * *” in the list of com 2.120) , Part 121 is amended by adding in Food for Human Consumption ponents in subparagraph (2) to read as to Subpart D a new section, as follows: C o a t in g s o n F r e s h C i t r u s F r u i t follows and by adding alphabetically a new item to that list, as follows: § 121.1142 Polyethylene, oxidized. The Commissioner of Food and Drugs, Oxidized polyethylene may be safely having evaluated the data in a petition § 121.1179 Coatings on fresh citrus used as a component of food, subject to (FAP 7A2122) filed by the Microbiologi fruit. the following restrictions: cal and Biochemical Center, Syracuse * * * * * (a) Oxidized polyethylene is the basic University Research Corp., 1075 Com (b) * * * resin produced by the mild air oxidation stock Avenue, Syracuse, N.Y. 13210, and ( 2) * * * of polyethylene. The polyethylene used in the oxidation process conforms to the Component Limitations density, maximum n-hexane extractable * * * • * * fraction, and maximum xylene soluble Pentaerythritol ester of maleic Acid number of 134-145; drop-softening point of 127° C.- fraction specifications prescribed in item anhydride-modifled w ood 137° C.; saponification number of less than 280; and a 2.3 of the table in § 121.2501(c). The rosin. color of M or paler, oxidized polyethylene has a minimum D o ------A cid n u m b er o f 176-186; d ro p -s o fte n in g p o in t o f 110° C .- number average molecular weight of 118° C.; saponification number of less than 280; and a 1,200, as determined by high tempera co lo r o f M or paler. ture vapor pressure osmometry; con Polyethylene glycol 400______Asadefoamer. tains a maximum of 5 percent by weight * * « * * * of total oxygen; and has an acid value * * * * * * * of 9 to 19. (b) The additive is used or intended Any person who will be adversely af PART 121— FOOD ADDITIVES fected by the foregoing order may at any for use as a protective coating or com Subpart D— Food Additives Permitted ponent of protective coatings for fresh time within 30 days from the date if its in Food for Human Consumption grapefruit, lemons, limes, muskmelons, publication in the F e d e r a l R e g is t e r file oranges, sweet potatoes, and tangerines. with the Hearing Clerk, Department pf C o a t in g s o n F r e s h C it r u s F r u i t ; (c) The additive is used in accordance Health, Education, and Welfare, Room P e t r o l e u m N a p h t h a with good manufacturing practice and 5440, 330 Independence Avenue SW., The Commissioner of Food and Drugs, in an amount not to exceed that re Washington, D.C. 20201, written objec having evaluated the data in a petition quired to produce the intended effect. (FAP 3A1182) filed by FMC Corp., Fair tions thereto, preferably in quintupli- way Avenue, Box 1708, Lakeland, Fla. Any person who will be adversely af cate. Objections shall show wherein the 33802, and other relevant material, has fected by the foregoing order may at any person filing will be adversely affected by concluded that § 121.1179 of the food ad time within 30 days from the date of its the order and specify with particularity ditive regulations should be amended to provide for the safe use of a calcium salt publication in the F e d e r a l R e g is t e r file the provisions of the order deemed ob jectionable and the grounds for the ob of partially dimerized rosin as a protec with the Hearing Clerk, Department of tive coating on citrus fruit and that a Health, Education, and Welfare, Room jections. I f a hearing is requested, the new regulation should be issued to pre 5440, 330 Independence Avenue SW., objections must state the issues for the scribe the safe use of petroleum naphtha Washington, D.C. 20201, written objec hearing. A hearing will be granted if as a solvent in such coating. Therefore, tions thereto, preferably in quintupli- the objections are supported by grounds pursuant to the provisions of the Federal cate. Objections shall show wherein the legally sufficient to justify the relief Food, Drug, and Cosmetic Act (sec. 409 Person filing will be adversely affected (c )(1 ), 72 Stat. 1786; 21 U.S.C. 348(c) sought. Objections may be accom (1 )), and under the authority delegated by the order and specify with particu panied by a memorandum or brief in to the Commissioner by the Secretary of larity the provisions of the order deemed support thereof. Health, Education, and Welfare (21 CFR objectionable and the grounds for the 2.120), Part 121 is amended as follows: Effective date. This order shall be objections. If a hearing is requested, 1. Section 121.1179(b) is amended by come effective on the date of its publica e objections must state the issues for revising the introduction to subpara tion in the F e d e r a l R e g is t e r . graph (3) and by adding a new subpara- the hearing, a hearing will be granted graph_ (4), as follows: if the objections are supported by (Sec. 4 0 9 (c )(1 ), 72 S tat. 1786; 21 U.S.C. 348 ( c ) ( 1 ) ) § 121.1179 Coatings on fresh citrus grounds legally sufficient to justify the fruit. relief sought. Objections may be ac Dated: March 14,1967. ***** companied by a memorandum or brief (b) * * * m support thereof. J . K . K i r k , Associate Commissioner (3) In lieu of the components listed Effective date. This order shall be for Compliance. in subparagraphs (2) and (4 ) of this come effective on the date of its publi paragraph, the following copolymer and IF.R. Doc. 67-3121; Filed, Mar. 21, 1967; one or more of the listed adjuvants: cation in the F e d e r a l R e g is t e r . 8:48 a.m .] No. 55------a FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, Î967 4354 RULES AND REGULATIONS (4) In lieu of the components listed in subparagraphs (2) and (3) of this para "of three successive extracts of 1.5 liters of graph, the following rosin derivative and either or both of the listed adjuvants: distilled water with 100-milliliter portions of isooctane is satisfactory. Component Limitations Calcium salt of partially di- Having a maximum drop-softening point of 197° C. and a PROCEDURE merized rosin. color of H or paler. It is prepared by reaction with not Determination of ultraviolef absorbance. more than 7 parts hydrated lime per 100 parts of par Add a 25-milliliter aliquot of the hydrocar tially dimerized rosin. The partially dimerized rosin is bon solvent together with 1 m illiliter of hex- rosin that has been dimerized by sulfuric acid catalyst adecane to the 125-milliliter Erlenmeyer to a drop-softening point of 95° C. to 105° C. and a color flask. While flushing with nitrogen, evap o f W G or paler. orate to 1 milliliter on a steam bath. Nitro P etroleu m n a p h th a ______As a d ju va n t. C o m p lyin g w ith § 121.1203. gen is admitted through a 8 ± 1-millimeter Sperm o il______As a d ju va n t. outer-diameter tube, drawn out into a 2 ± 1-centimeter long and 1 ± 0.5-millimeter 2J The following new section is added on ly, o p tic a l p a th le n g th in th e ran ge 1.000 inner-diameter capillary tip. This is po to Subpart D: centimeter ±0.005 centimeter. With dis sitioned so that the capillary tip extends 4 tilled water in the cells, determine any ab centimeters into the flask. The nitrogen flow § 121.1203 Petroleum naphtha. sorbance difference. rate is such that the surface of the liquid Petroleum naphtha may be safely used Spectrophotometer. Spectral range 250- is barely disturbed. After the volume is 400 m/i with spectral slit width of 2 m/i or in food in accordance with the follow reduced to that of the 1 milliliter of hex- less; under instrument operating conditions adecane, the flask is left on the steam bath ing conditions: for these absorbance measurements, the for 10 more minutes before removing. Add (a) The additive is a mixture of liquid spectrophotometer shall also meet the fol 10 milliliters of purified isooctane to the hydrocarbons, essentially paraffinic and lowing performance requirement: flask and reevaporate the solution to a 1-mil naphthenic in nature, obtained from Absorbance repeatability, ±0.01 at 0.4 ab liliter volume in the same manner as de petroleum. sorbance. scribed above, except do not heat for an (b) The additive is refined to meet Absorbance accuracy,1 ±0.05 at 0.4 absorb added 10 minutes. Repeat this operation the following specifications when sub ance. tw ic e m ore. L e t th e flask cool. jected to the procedures described in this Wavelength repeatability, ±0.2 millimicron. Add 10 milliliters of methyl alcohol and paragraph. Wavelength accuracy, ±1.0 millimicron. a b o u t 0.3 gram o f sodiu m borohydride. (Minimize exposure of the borohydride to (1) Boiling-point range: 175° F.-3000 Ultraviolet lamp. Long wavelength (3400- the atmosphere; a measuring dipper may be F. 3800A®). used.) Immediately fit a water-cooled con (2) Nonvolatile residue: 0.002 gram REAGENTS denser equipped with a 24/40 joint and with per 100 milliliters maximum. Isooctane (2,2,4-trimethylpentane) . Use a drying tube into the flask, mix until the (3) Ultraviolet absorbance limits, as 180 milliliters In a 250-milliliter Erlenmyer sodium borohydride is dissolved, and allow follows : flask, add 1 milliliter of purified n-hexade- to stand for 30 minutes at room tempera Maximum absorbance cane, insert the head assembly, allow nitro ture, with intermittent swirling. At the end per centimeter gen gas to flow into the inlet tube and of this time, disconnect the flask and evapo W avelength ( m illi- *optical pathlength connect the outlet tube to a solvent trap and rate the methyl alcohol on the steam bath under nitrogen until sodium borohydride m icrons) vacuum line in such a way as to prevent any begins to drop out of solution. Remove the 280-289______0.15 back flow oi* condensate into the flask. The flask and let it cool. 290-299______. 13 contents of the flask are evaporated on a 300-359______. 08 steam bath until 1 milliliter of residue re Add 6 milliliters of isooctane to the flask 360-400______. 02 mains. Dissolve the 1 milliliter of hexade- and swirl to wash the crystalline slurry. cane residue in isooctane and make up to Carefully transfer the isooctane extract to a A nalytical Specification for Petroleum 25 milliliters. Determine the absorbance in 250-milliliter separatory funnel. Dissolve N aphtha a 5-centimeter path length cell compared to the crystals in the flask with about 25 milli GENERAL INSTRUCTIONS isooctane as reference. The absorbance liters of distilled water and pour this also sh ou ld n o t exceed 0.01 p er c e n tim e te r p ath into the separatory funnel. Adjust the All glassware should be scrupulously length between 280-400 m/i. If necessary, water volume in the separatory funnel to cleaned to remove all organic matter such isooctane may be purified by passage about 100 m illiliters and shake for 1 minute. as oil, grease, detergent residues, etc. Ex through a column of activated silica gel After separation of the layers, draw off the amine all glassware, including stoppers and (Grade 12, Davidson Chemical Co., Baltimore, aqueous layer into a second 250-milliliter stopcocks, under ultraviolet light to detect Md., or equivalent) or by distillation. separatory funnel. Transfer the hydro any residual fluorescent contamination. As Methyl alcohol, A.C.S. reagent grade. Use carbon layer in the first funnel to a 25-milli a precautionary measure, it is recommended 10 m illiliters‘and proceed as with isooctane. liter volumetric flask. practice to rinse all glassware with purified The absorbance per centimeter of path length Carefully wash, the Erlenmeyer flask with isooctane immediately before use. No grease should be 0.00 between 280-400 m/i. M e th yl an additional 6 m illiliters of isooctane, swirl, is to be used on stopcocks or joints. Great alcohol may be purified by simple distillation and transfer to the second separatory funnel. care to avoid contamination of petroleum or by refluxing in the presence of potassium Shake the funnel for 1 minute. After sepa naphtha samples in handling and to assure hydroxide (10 grams/2 liters) and zinc dust ration of the layers, draw off the aqueous absence of any extraneous material arising (25 grams/2 liters) for 3 hours followed by layer into the first separatory funnel. Trans from inadequate packaging is essential. Be distillation. fer the isooctane in the second funnel to the cause some of the polynuclear hydrocarbons volumetric flask. Again wash the Erlen sought in this test are very susceptible to n-Hexadecane, 99 percent olefin-free. D i meyer flask with an additional 6 milliliters photo-oxidation, the entire procedure is to lu te 1.0 m illilite r o f n -h exadecan e to 25 m il of isooctane, swirl, and transfer to the first be carried out under subdued light. liliters with isooctane and determine the absorbance in a 5-centimeter cell compared separatory funnel. Shake the funnel for APPARATUS to isooctane as reference between 280-400 m)». 1 minute. After separation of the layers, The absorbance per centimeter path length draw off the aqueous layer and discard. Separatory funnels. 250-milliliter, and shall not exceed 0.00 in this range. Purify, Transfer the isooctane layer to the volumet 2,000-miililiter capacity, equipped with tetra- if necessary, by percolation through activated r ic flask and adjust the volume to 25 milli fluoroethylene polymer stopcocks. silica gel or by distillation. liters of isooctane. Mix the contents wen, Erlenmeyer flask. 12 5 -m illiliter w ith 24/ then transfer to the first separatory funne Sodium borohydride. 98 percent. 40 standard taper neck. and wash twice with 50-m illiliter portions o Water. All distilled water must be„ ex Evaporation flask. 250-milliliter capacity distilled water. Discard the aqueous layers tracted with isooctane before use. A series all-glass flask equipped with 24/40 standard after each wash. taper stopper having inlet and outlet tubes Determine the ultraviolet absorbance of to permit passage of nitrogen across the sur 1 As determined by procedure using potas the isooctane extract in 5 -centimeter pa face of the contained liquid to be evaporated. sium. chromate for reference standard and length cells 'compared to isooctane as re e Condenser. 24/40 joints, fitted with dry described in National Bureau of Standards en ce b etw een 280—400 va.fi. Determine a r ing tube, length optional. Circular 484, Spectrophotometry, U.S. Depart agent blank concurrently with the sam Spectrophotometric cells. Fused quartz m e n t o f C om m erce, 1949. T h e accu racy is ple, using 25 milliliters of purified isooctane instead of a solvent sample and cells, optical path length in the range of to be determined by comparison with the measuring 5.000 centimeters ±0.005 centimeter; also fof stan dard values a t 290, 345, an d 400 m illi the ultraviolet absorbance of the dm checking spectrophotometer performance m icrons. between 280-400 m/t. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4355 The reagent blank absorbance should not § 148e.34 Erythromycin estolate oral Effective date. This order shall be exceed 0.04 per centimeter path length be suspension. come effective upon publication in the tween 280-289 m/t; 0.020 between 290-359 m /»; and 0.010 betw een 360-400 m/t. (a) Requirements for certification— F e d e r a l R e g is t e r . Determination of boiling-point range. Use (1) Standards of identity, strength, (Sec. 507, 59 S tat. 463, as am ended; 21 U.S.C. ASTM Method D-86. quality, and purity. Erythromycin es 357) Determination of nonvolatile residue. F or tolate oral suspension is erythromycin Dated: March 14, 1967. hydrocarbons boiling below 250° F., deter estolate, with suitable and harmless buff mine the nonvolatile residue by ASTM J. K . K i r k , Method D-1353; for those boiling above er substances, dispersing agents, dilu 250° F., use ASTM Method D-381. ents, colorings, and flavorings. It con Associate Commissioner tains the equivalent of 25 milligrams of for Compliance. (c) Petroleum naphtha containing erythromycin per milliliter. Its pH is [F .R . Doc. 67-3124; F iled , M ar. 21, 1967; antioxidants shall meet the specified not less than 3.5 and not more than 6.5. 8:48 a.m .] ultraviolet absorbance limits after cor The erythromycin estolate used conforms rection for any absorbance due to the to the standards prescribed by § 148e.5 antioxidants. Petroleum naphtha may (a )(1 ). Each other substance used, if contain antioxidants authorized for use its name is recognized in the U.S.P. or Title 32-N A TIO N AL DEFENSE in food in an amount not to exceed that N. F., conforms to the standards pre reasonably required to accomplish the scribed therefor by such official Chapter V— Department of the Army intended effect nor to exceed any pre compendium. scribed limitations. (2) Labeling. In addition to con SUBCHAPTER A— AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS (d) Petroleum naphtha is used or in forming with the requirements of § 148.3 tended for use as a solvent in protective of this chapter, each package shall bear PART 518— RECORDS AND coatings on fresh citrus fruit in compli on its outside wrapper or container and REPORTS ance with § 121.1179. the immediate container the statement Any person who will be adversely af “Refrigerate” or “Keep under refrigera Unofficial Research in Department of fected by the foregoing order may at any tion.” Its expiration date is 12 months. the Army Files time within 30 days from the date of its (3) Request for certification; samples. A new subparagraph (5) is added to publication in the F e d e r a l R e g is t e r file In addition to.the requirements of § 146.2 § 518.5(d), as follows: with the Hearing Clerk, Department of of this chapter, each such request shall Health, Education, and Welfare, Room contain: § 518.5 Unofficial research in Depart 5440, 330 Independence Avenue SW., (i) Results of tests and assays on: ment of the Army files by U.S. citi Washington, D.C. 20201, written objec (a) The erythromycin estolate used zens. tions thereto, preferably in quintupli- in making the batch for potency, tox ***** cate. Objections shall show wherein the icity, moisture, pH, crystallinity, and (d) Use of classified files. * * * person filing will be adversely affected by identity. the order and specify with particularity (5) Research operations, notes, and (b) The batch for potency and pH. manuscripts— (i) S e c u rity review of the provisions of the order deemed objec (ii) Samples required: classified documents. In order to facil tionable and the grounds for the objec (a) The erythromycin estolate used in tions. If a hearing is requested, the ob itate the use of classified records, author making the batch: 10 containers, each ized researchers will be required to select jections must state the issues for the having not less than 300 milligrams. the classified documents which are to be hearing. A hearing will be granted if (b) The batch: A minimum of six the objections are supported by grounds used. After the documents have been immediate containers. selected and before any notes are made legally sufficient to justify the relief (c) In case of an initial request for sought. Objections may be accompanied from the documents, The Adjutant Gen certification, each other ingredient used eral will arrange with the custodian of by a memorandum or brief in support in making the batch: One package of thereof. the records for a review of the documents each, containing not less than 5 grams. for possible declassification. Any docu Effective date. This order shall be (4) Fees. $4 for each container sub ments which are declassified will be made come effective on the date of its publi mitted in accordance with subpara available to the researcher. cation in the F e d e r a l R e g is t e r . graph (3) (ii) of this paragraph. - (ii) Use of classified documents. An (b) Tests and methods of assay— (1) (Sec. 4 0 9 (c )(1 ), 72 S tat. 1786; 21 U.S.C. authorized researcher also may be per 3 4 8 (c )(1 )) Potency. Proceed as directed in § 148e.5 mitted to examine documents which are (b) (1), except prepare the sample in the not declassified pursuant to the review Dated: March 14,1967. following manner: Place an accurately under subdivision (i) of this subpara measured aliquot (usually a single dose) graph. This examination will be limited J . K . K i r k , of the well-shaken suspension in a 100- to a review for background purposes, and Associate Commissioner milliliter volumetric flask and dissolve for Compliance. notes will not be made from the docu with 40 milliliters of reagent-grade ments. An exception may be granted to [P R . Doc. 67-3122; F iled , M ar. 21, 1967; methyl alcohol. Bring to volume with permit the making of a limited number 8:48 a.m .] O. 1M potassium phosphate buffer, pH 8.0, of notes when the researcher can restrict and mix well. Hydrolyze at 60° C. for 2 the documents to only a few which are hours or at room temperature for 16 to 18 vital to his research project. Notes taken SUBCHAPTER C— DRUGS hours. The erythromycin estolate con from these documents will be handled tent is satisfactory if it is not less than part 148e— ERYTHROMYCIN as provided below. 90 percent nor more than 115 percent of (iii) Format of classified notes. To Erythromycin Estolate Oral the number of milligrams of erythro facilitate the review and clearance of Suspension mycin that it is represented to contain. notes made from classified records, as (2) pH. Proceed as directed in Pursuant to the provisions of the Fed- required in subdivision (v) of this sub- § 141a.5(b) of this chapter, using the paragraph, researchers will be required 2 ? Drug’ and Cosmetic Act (sec. drug as it is prepared for dispensing. ÖU7 59 stat. 463, as amended; 21 U.S.C. to: Notice and public procedure and de (a) Type notes on letter size paper /, a*Ld under the authority delegated layed effective date are unnecessary pre (8 " x 10y2" ) using only one side of sheet. hvtvf c ° mmissi°ner of Food and Drugs requisites to this promulgation, and I so Each sheet of notes will pertain to not Secretary of Health, Education, find, since the basic requirements of the tod Welfare (21 CFR 2.120), Part 148e more than one document. statute have been complied with, the (b> Indicate at the top of each note , J ^ nded by adding thereto the fol- regulation is noncontroversial in nature, made from a classified document the cpÎ2 aL??w section to provide for the and it is in the public interest not to origin of the document used, its date, drug.Cak°n °* subject antibiotic delay in providing for certification of the subject, folder number or identification, subject antibiotic drug. file location, and security classification. FEDERAL REGISTER, VOL 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4356 RULES AND REGULATIONS (c) Number each sheet of notes con § 902.1 Purpose. § 902.4 Responsibilities for OTS pro gram. secutively. This part tells how to apply for OTS, (d) Leave the last 3 inches on the bot process applications, and dispose of OTS (a) USAFMPC (AFPMRDC). Pro tom of each sheet of notes blank for use eliminees and graduates. It applies to vides OTS production quotas and EAD by reviewing authorities. all applicants and all commands and schedules to ATC for USAF candidates (e) Prepare and maintain classified activities that process OTS applications, and production quotas to the Chief, NGB notes separately from unclassified notes. including AFRes and ANG activities. (N G -A F ); CAC; and ATC for ANG and (iv) Safeguarding classified notes. AFRes candidates. § 902.2 Definitions. The Adjutant General will arrange with ***** custodians of classified records to insure * * * * * (e) The Chief, National Guard Bu that notes made from classified records (j) Officer candidate-type training are not removed by researchers. Such program. Any portion of training re reau (N G -A F ). Selects individuals to notes will be safeguarded as defense in attend OTS within established quotas ceived in OCS, Aviation Cadet, OTS, and eligibility criteria. formation until declassified. Army OCS, advanced course o f the Army (v) Review and clearance of classified or Navy ROTC, Financial Assistance * * * * * research notes, la) The Adjutant Gen Program, or Professional Officer Course § 902.5 Sources o f information. eral will arrange with the custodian for of the AFROTC, the Marine Platoon * * * * * classified notes made from Army records Leaders School, the Coast Guard Acad (f) Base Education Services Centers. to be forwarded to him. The Adjutant emy, or any training received at any of General will refer the notes for a security the service academies (including service 8 902.6 Eligibility requirements. review to the appropriate Headquarters, academy preparatory schools). ***** Department of the Army oflices having primary interest in the subject matter. T able 1—Educational Qualifications The offices concerned will return the notes with recommendations on declassi B C fication to The Adjutant General, Atten Rule If the applicant- Then he must- And he is— Go to tion: AGAR-S, ' for declassification table— action. (b) When the security review has been D oes not have a baccalaureate or higher Take no further action.. N ot qualified. completed, notes which have been de degree from a college or university (see note 1), or is not enrolled in the classified will be returned to the re senior year of college. searcher by The Adjutant General. Has a baccalaureate or higher degree Attach to his application one copy Qualified. Notes or portions thereof which cannot from a college or university (see note of official transcript of college cred 1). its indicating the undergraduate be declassified will be retained by The or graduate degree awarded, major Adjutant General. subject (s), and grades received. Holds a degree from an American or Comply with rule 2B and submit (vi) Review of manuscript. Re foreign college not listed in the direc evidence that his college credits are searchers who are permitted access to tory (see note 1). acceptable for graduate work by one U.S.-accredited institution. classified records for unofficial research Is enrolled in his senior year of college Attach to his application a copy of an will submit their final manuscripts for and is within 150 days of graduation official college transcript indicat (see note 2). ing all courses he has completed clearance to the Chief of Public Informa and is presently undertaking and tion, Attention: Office for the Freedom a statement from the office of the of Information, Office of the Secretary Registrar certifying his scheduled graduation date, degree to be of the Army, Washington, D.C. 20310. awarded, major subject(s), and On completion of clearance action, the grade point average, and at time of enlistment, must present either Chief of Public Information will return a complete transcript evidencing the manuscript to the researcher. award of degree or documentary evidence that a degree has been * * * * * awarded. [D A M em o 345-3, Jan. 14, 1066] (Sec. 3012, 70A S tatf 157; 10 U.S.C. 3012) N otes: 1. College or university listed in the latest issue of part 3, “ Higher Education,” ofthe Education Directory published by the Department, of Health, Education, and Welfare. K e n n e t h G. W i c k h a m , 2. College seniors may apply as early as 150 calendar days before graduation provided their availability date for Major General, U.S. Army, OTS coincides with the application schedule available at USAF Recruiting Service offices. For example, a June 1967 graduate may apply as early as January 1967 if he will be available to enter the first OTS class beginning after The Adjutant General. the June 1967 graduation date. [F .R . D oc. 67-3083; F iled , M ar. 21, 1967; T able 2—I neligibility F actors 8:45 a.m .] Chapter VII— Department of the Rule I f the applicant qualified under § 902.6(a) and Table 1, and he is— Then he is Goto Air Force considered— table— SUBCHAPTER K— MILITARY TRAINING AND N ot eligible for enlistment or reenlistment in the Air Force under AFMs 33-3 Not qualified. SCHOOLS (Enlistment in the Regular Air Force) and 39-9 (Reenlistment in the Regu lar Air Force), or A N G R 39-09 (Enlisted Personnel) for ANGapplicants, PART 902— USAF OFFICER TRAIN A F R 45-47 (Enlistment and Reenlistment in the A F Reserve) for AFRes applicants, except for dependency and grade restrictions. ING SCHOOL (OTS) Being considered for separation for unsuitability, unfitness, or misconduct, or has had a personnel security clearance denied or revoked. Miscellaneous Amendments A person whose entry into or retention in the Air Force may not be clearly consistent with the interests of national security (see A F R 36-62 (Security In Part 902, § 902.1 is revised; para Program)). Holding or has held a commission in any of the U.S. Armed Forces. graph (j) of § 902.2 is revised; para Holding a certificate of completion of a course leading to a commission in any graphs (a) and (e) of § 902.4 are revised; of the U.S. Armed Forces, and the commission is to be granted at a later date. paragraph (f) of § 902.5 is added; in A conscientious objector. § 902.6, Tables 1, 2, 4, 5, and 6 are re A Selective Service System registrant who has been ordered to report for active military service with any of the Armed Forces. vised and the note in Table 3 is revised; An applicant who previously applied for OTS and less than 6 months have in § 902.7, Tables 7, 8, and 10 are revised; elapsed since nonselection by the OTS Selection Board (see note). in § 902.10, Table 11 is revised; and in Not in any of the categories contained in Rules 1 through 8, above______Qualified. § 902.12, subparagraphs (1) and (2) of paragraph (b) are revised. These sec N o te: Exception to this rule applies to nonselected N PS USAF applicants who desire to apply for OTS under tions now read as follows: the A N G or AFRes quota. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 T a b i® 3—Special R equirements T able 7.—P rocessino, Waiver and Selection R esponsibilities N ote: The DD Form 785 (used by the military services to exchange information on a person whose membership in an officer training program has been discontinued and who later applies for another such program) will become a A B C D part of and be forwarded with the application. (Only USAFMPC (A FP M R D C ) has authority to waive record of disenroilment of former service academy cadets (including Coast Guard and service academy preparatory schools) And authorization to grant And applications are for and discontinuance from RO TC for willful violation (see Part 879, Subchapter H of this chapter).) , Then preliminary proc or deny waivers of minor warded for final process Rule If the applicant is— essing (see table 8) is the offenses or violations is ing and selection (see T a b le 4—Moral Character Qualifications responsibility of— delegated to (see note, table 9) to— table 4)— A B C D 1 An A N G applicant.. CBPO ...... The Stale adjutant Chief, National Guard Rule I f the applicant qualified under § 902.6 Then the documentary evidence re And he is Go to (a) and Tables 1, 2, and 3 and is— general. Bureau. quired to support the application con table— 2 An AFRes applicant. The applicant’s unit ad Hq CAC (authority may Hq CAC. is— sidered— ministration. bis delegated to num bered region). 3 À USAF civilian, 1 An A N G, AFRes, or civilian applicant The U SAF Recruiting USAF Recruiting Service. Lackland Military Train Recruiting Service Form 3 for civil Qualified...... 5 applicant. Detachment. ing Center (LM TC ). and is of high moral character. ian applicants and approved waiv ers (see note) and DD Forms 785 when applicable. 2 Any applicant having a record of con- Table 8—Preliminary Processing of Application viction by court-martial or civil court (except minor traffic violations) Rule (see note). Line 3 Any applicant not of high moral char- When accomplishing preliminary processing of an applicant eligible under tables 1 acter for reasons other than those in through 6 who is— Rule! 2. An AFR es applicant______X N o te: When appropriate, a waiver of a minor offense may be requested under Table 7. I f It is approved, applicant An A N G applicant______j______.IIIIIIIIIIII. will be processed. Punishment under Article 15, UCMJ, is nonjudicial punishment, not a conviction by court- A civilian applicant-..!;-...1...... III...I...I.'! martial. Paragraph 128b, Manual for Courts-Martial, 1951, contains a general guide to whether an offense is minor. Prepare AF Form 56 in duplicate (qualified and medically disqualified applicants only) REGULATIONS AND RULES A waiver will not be granted for an offense that involves moral turpitude. (see note 1). Prepare AF Form 56 in triplicate (qualified and medically disqualified applicants only) T a b le 5—Men t a l a n d Medical Qualifications (see note 1). Attach copy of transcript of college credits (table 1)______A Attach evidence of acceptability of college credits, if appropriate (table 1)______B c Attach certificate of impending graduation, if appropriate (table l ) . i ______Attach Recruiting Service Form 3 (table 4)______...... Rule IT the applicant qualified under And he— Then the applicant is Attach conditional release, when appropriate (table3 ). ______§ 902.6(a) and Tables 1, 2, 3, and considered— 4 and— Attach DD Form 785, when appropriate (note to table 3)___ '.. l______Attach SF Form 88 (6 copies) and SF 89 (2 copies)...... III”. Attach enlistment agreement, as required (table 6)_____ ... ______... ______1 Did not achieve a minimum quali- Attach statement of AN G agreement (see note 2)__,____ ;______...I... fying score on the AFOQT. Attach statement of AFRes agreement (see note 3).______v2 Attach approved waivers, when appropriate (tables 4 and 7)...... _I._III.I /Does not meet the medical standards Not qualified. Determine requirement for background investigation and notify LM TC at time appfica- prescribed in AFM 160-1 (Medical tion is forwarded. Examination and Medical Stand Achieved a minimum qualifying Review application and attached documents for accuracy and completeness (including X ards) for the training he desires or is all required signatures) and send, within 10 days, to final processing activity (see 1 score on the A FO Q T (see note). selected for. table 7). 3 Meets the medical standards pre Qualified. scribed * in A FM 160-1 for the training he desires or is selected for. N otes: 1. Enter the reason(s) for physical disqualification for applicants found medically disqualified at time of application. For applicants who meet basic eligibility prerequisites, enter under “ Remarks” the following addi tional statements: N o t e: Flying applicants who obtain a qualifying score on only the pilot or the navigator/technical composite will a. I will be available for OTS training (day, month, and year). Do considered for selection after all applicants who have qualified on both composites. b. My utilization field choices are ( 1 ) ___ J,...... , (2) ...... ¿...... , (3) ..<...... ; ; c. (For US AF male applicants): I understand the active duty service obligations and commitments prescribed in T a b l e 6—AFR es a n d A N G R equirements A F R 53-27 (U SAF Officer Training School (OTS)) and A F R 36-51 (Career Reserve Status for Reserve Officers and Active Duty Service Commitments for Officers and Warrant Officers). 2. Line out all references to “ Career Reserve” preprinted on A F Form 56, and attach a copy of the following state A B C Rule ment to each copy of the application (original to original, etc.): I desire to enter the Officer Training School under the If an applicant— Air National Guard quota. I agree to accept an appointment as an officer, Reserve of the Air Force, if tendered, and Then he must be— And if selected he must— an appointment in the Federally recognized Air National Guard upon graduation. I further agree to serve as a commissioned officer of a Federally recognized Air National Guard unit or other Air Force Reserve* unit as directed for at least 4 years after appointment, or for a sufficient length of time to satisfy my military service obligation, which 1 HaS no prior service and is under Qualified, available and scheduled for Enlist for a period of 6 years 26 years of age. ever is greater. I understand that failure to participate for reasons within my control may result in discharge action assignment upon graduation to a to coincide with the in- under AN GR 39-10 (Enlisted Personnel—Discharge). lieutenant or captain vacancy which curred military obligation. 3. Line out all references to “ Career Reserve” preprinted on A F Form 56, and attach a copy of the following state 2 exists or is projected at the time of years of age. ment to each copy of the application (original to original, etc.): I desire to entef the Officer Training School under the his application, in a unit author Enlist for a period of 1 year. Air Force Reserve quota. I agree to accept an appointment as an officer in (he Air Force Reserve, if tendered; to ized 48 drill pay periods a year. 3 Without military status has prior meet training requirements of the Ready Reserve element to which I am assigned; and to remain assigned to that service and no remaining military program element for 4 years or for a sufficient length of time to satisfy my military service obligation, whichever is obligations. greater. I understand that failure to participate for reasons within my control may’result in discharge action under A F R 45-41 (Administrative Separation of Officer Members of the A F Reserve). § 902.7 Processing and assigning applicants* 4357 FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4358 RULES AND REGULATIONS T able 10—A ssignment of Selected A pplicants (Sec. 4, 48 Stat. 1066, as am ended; 47 U.S.C. 154. In te rp re ts o r applies sec. 308, 48 Stat. 1082, as am ended; 47 U.S.C. 303) X A B Rule When the applicant has been selected— And it will be accomplished— Released: March 17, 1967. F e d e r a l C ommunications 1 |By the initial processing activity (see table 7). C o m m i s s io n , 2 [ s e a l ] B e n F . W a p l e , 3 Upon arrival at OTS. 4 Promote applicant to pay grade (E-5) staff sergeant. When he enters training. Secretary. In Part 1 of Chapter I of Title 47 of N ote: Male citizens with statute-directed military obligations will be advised and must agree in writing that, if eliminated from OTS for other than medical reasons, they must complete the 2-year enlistment. the Code of Federal Regulations, § 1.1209(g) is added, and § 1.1227(b) is § 902.10 Elimination from training. revised, to read as follows: v * * * * * * § 1.1209 Decision-making Commission T able 11—D isposition of E liminated ob D isqualified USAF T rainees personnel (restricted rule making proceedings). Buie * * * * * If USAF applicant was eliminated— (g) The Chief of the CATV Task Force 1 2 3 4 and his staff when participating in pro ceedings involving service by common Yes N o 'N o No Yes Yes Yes No carriers to community antenna television Yes Yes Yes Yes systems. No Yes X § 1.1227 Permissible ex parte communi X cations. He wifi be permitted to elect, in writing, to complete his contract on A D or to be X X immediately separated IAW A FM 39-10 (Separation Upon Expiration of Term lit * * * * of Service, for the Convenience of the Government, Minority, Dependency and Hardship). (b) Such ex parte communications X X initiated by the staff of the Common to Tahlfi 12 - ______X X Carrier Bureau or the CATV Task Force . ë as may be necessary for the adduction * * * * * of record evidence in restricted rule mak § 902.12 Disposition o f graduates. Title 47— TELECOMMUNICATION ing proceedings. ***** * * * * * Chapter I— Federal Communications [P.B. Doc. 67-3131; Piled, Mar. 21, 1967; (b) * * * Commission 8:49 a.m .] (1) Graduates assigned to training: [FCC 67-322] LMTC will determine’ the type of addi [D o c k et N o. 16987; FC C 67-340] tional training these graduates will pur PART 1—-p r a c t ic e a n d sue, compatible with quotas established PROCEDURE PART 73— RADIO BROADCAST by Hq USAF. Each officer who under CATV Task Force SERVICES goes training after commissioning will At a session of the Federal Communi Remote Control Authorization; incur an active duty service commitment cations Commission held at its offices in Report and Order for training as prescribed in AFR 36-51 Washington, D.C., on the 15th day of In the matter of amendment of (Career Reserve Status for Reserve Offi March 1967: §§ 73.66, 73.274, and 73.572 of the Com cers and Active Duty Service Commit 1. The recently-created CATV Task mission’s rules and regulations pertaining ments for Officers and Warrant Officers) Force is responsible, with the Common to remote control authorizations for Carrier Bureau, for participation in re standard, FM, and noncommercial edu and a directed duty assignment as pre stricted rule making proceedings involv scribed in AFM 36-11 (Officers’ Assign cational FM broadcast stations, with re ing service by common carriers to com spect to reliability showings for trans ment Manual). munity antenna television systems. mitters with power in excess of 10 kilo- (2) Graduates assigned direct to duty: When the Task Force does participate watts; Docket No. 16987, RM-1004. Officers assigned direct to duty will in in such proceedings, it is desirable for 1. On November 18, 1966, the Com its status therein to be the same as those cur a directed duty in the utilization field mission issued a notice of proposed rule- of the Bureau. We a r e therefore making in the above-entitled matter containing the AFS in which they were amending §§ 1.1209 and 1.1227(b) of the (FCC 66-1029) proposing to amend the initially assigned upon graduation from rules of practice and procedure to re rules relating to remote control operation OTS. The directed duty assignment in flect the status of the Ttask Force as de of aural broadcast stations (standard, curred will be for the period prescribed cision-making personnel when partici FM and noncommercial educational FM in AFM 36-11. pating in such restricted rule making broadcast stations) insofar as they re proceedings. quire a transmitter reliability showing (Sec. 8012, 70A S tat. 488; sec. 9411, 70A S ta t. 571; 10 U.S.C. 8012 and 9411) [APB 53-27, 2. Authority for this amendment is based on 12 months of operation with the Feb.6,1967] contained in sections 4 (i) and (j) and operator in attendance at the transmit 303 (r) of the Communications Act of ter, for stations operating with power m By order of the Secretary of the Air 1934, as amended. The amendment is excess of 10 kilowatts, before remote con Force. procedural in nature, and the notice and trol operation will be authorized. This L u c i a n M . F e r g u s o n , effective date provisions of section 4 of proceeding was instituted pursuant to a Colonel, U.S. Air Force, Chief, the Administrative Procedure Act are petition by the National Association o Special Activities Group, Of therefore inapplicable. Broadcasters (N A B ), and comments were fice of The Judge Advocate In view of the foregoing: I t is ordered, invited from interested parties on or be General. Effective March 22, 1967, That §§ 1.1209 fore December 27, 1966, and reply com ments on or before January 6,1967. 7. [F .R . DOC. 67-3023; P ile d , M ar. 21, 1967; and 1.1227(b) of the rules and regula 8:45 a m .] tions are amended as set forth below. requested amendment was based FEDERAL REGISTER. VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4359 claims by the petitioner that the design would encourage its use ip more situa not necessary and we are not adopting of present-day high powered AM and tions. While we have noted a number them. PM transmitters assures the necessary of instances of improper operation by 6. After careful consideration of all stability and reliability and the 12 remotely controlled stations (and a comments and data submitted in this months observation period is not neces somewhat higher instance of violations proceeding, we believe that the public sary. than with directly controlled stations), interest would best be served by adopt 2. Comments were received from Radi- we do not believe there is a warrant for ing the rule amendments as proposed in ohio, Inc., National Association of restricting remote control by a require the notice of proposed rule making with Broadcasters (N A B ), WGBH Educational ment which is no longer necessary and out modification. The inducement to Foundation, Post-Newsweek Stations, which has nothing to do with problems operate at higher power by remote con Metromedia, Inc., Kear and Kennedy, of improper operation. Permitting re trol should result in additional coverage National Association of Broadcast mote control without an extensive ad and contribute especially to further de Employees and Technicians AFL-CIO vance showing in some instances while velopment of the FM service. (NABET), National Association of FM refusing to do so in others, on the basis 7. Authority for the adoption of the Broadcasters (NAFM B), W AVI Broad of a distinction which has become an amendments herein is contained in sec casting Corp., Storer Broadcasting Co., arbitrary one, is not appropriate. tions 4 (i) and 303 of the Communica Association of Federal Communications However, we emphasize that licensees tions Act of 1934, as amended. Consulting Engineers (AFCCE), A Earl have an obligation to see that their sta 8. Since the action taken herein is a Cullum, Jr., J. G. Rountree, Associated tions are operated properly and in con relaxation of existing restrictions, the Broadcasters, Inc., Station KBBX-FM formity with the rules, and to employ and American Broadcasting Co., Inc. customary 30-day waiting period speci sufficient qualified personnel' to keep fied in section 4 of the Administrative (ABC). Golden West Broadcasters, them so. Compliance with this obliga Golden West Broadcasters, Inc., and Procedure Act does not apply. In order tion is expected and will be enforced.1 to bring improved service expeditiously, Golden West Broadcasters, Inc., filed 5. One party suggested that it be made joint reply comments. Post-Newsweek it is appropriate to make the new rule clear that the rule applies to noncom effective as quickly as possible. In view Stations and WGBH Educational mercial educational FM, as well as other Foundation also filed joint reply com of the foregoing: It is ordered, That, FM and AM, stations. Section 73.572, effective March 22, 1967, Part 73 of the ments. as proposed in the notice and adopted 3. Comments from the broadcasting Commission’s rules and regulations is herein, does so. It was also suggested amended as set forth below. industry generally favored adoption of that the language of the three sections the proposed amendments. Some sug 9. It is further ordered, That, this pro be clarified to indicate that requests for ceeding is terminated. gested language changes and others remote control may be as a part of any recommended additional changes in the formal application for a new station or (Sec. 4, 48 S tat. 1066, as am ended; 47 U.S.C. rules beyond the scope of this proceed 154. In te rp re ts o r applies sec. 303, 48 Stat. change of facilities of an existing sta 1082, as am ended; 47 U.S.C. 303) ing. Arguments for adoption of the rule tion. This is the present practice, and changes proposed were based on the de the Commission in the near future will Adopted: March 15, 1967. terrent effect of the requirement for the revise its rules accordingly. FCC Form Released: March 17, 1967. present 12-month showing, which dis- 301-A will continue to be used only in courages the use of high power by FM situations in which an existing station F e d e r a l C ommunications broadcast stations and thus results in desires to establish or delete a remote C o m m i s s io n ,3 less service to the public than it might control point; or where a directional an [ s e a l ] B e n F . W a p l e , otherwise have. The requirement was tenna system is involved. It was also Secretary. said to be an economic deterrent to high requested that Question 12 of that form, power because of the additional operator X. In § 73.66 paragraphs (a) and (c) which specifies the 12-month showing, are amended as follows: costs involved for a year, and to preclude be eliminated. It will be when the form it where transmitter locations are unsuit is revised in the near future; until then § 73.66 Remote control authorization. able for operation with an operator in applicants may answer it “Not Appli attendance. Some parties allege that (a) Application to operate a station cable” . As to the requests for other by remote control may be made as a part qualified operators are difficult to find. changes outside of the scope of this pro It was stated that present design of of the application for construction per ceeding, these need not be considered mit for a new station, provided that the high-power transmitters provides suffi here.2 In the notice we also invited cient stability and reliability to permit proposal is for nondirectional operation. comments on two NAB suggestions ad ***** remote control, and that they are as sta vanced as alternatives to the present ble and reliable as transmitters of lesser requirements, that a reliability showing (c) An authorization for remote con Power to which the requirement does not be included a part of type acceptance re trol will be issued only after a satisfac apply. Opposition came from NABET, a quirements, and that a block diagram tory showing has been made in regard to representing radio operators, of the proposed remote control system the following, among others: which referred to NAB’s petition as part be required. We indicated doubt as to (1) The location of the remote con ?r. taat or&anization’s effort to automate the necessity for these measures. NAB trol point (s); wie industry, and asserted that the and other parties assert that they are (2) The directional antenna system, if cumulative effect of actions already such is authorized, is in proper adjust taken to permit remote control has been ment and is stable. lower operating standards and in- 1 The action taken herein does not, of Srfse the number of technical rule 2. Section 73.274(b) is amended to course, change the requirement of the rules read as follows: violations. §§ 73.93, 73.265, an d 73.565) th a t stan dard rJS;,^e agree with the majority of the broadcast stations operating with more than § 73.274 Remote control authorization. commenting parties, and conclude that 10 kw. power, and FM and noncommercial ***** educational FM stations with transmitter whin^eQj lremen^ °t a 1-year showing, wmcft d0eS have a restrictive effect, power output of more than 25 kw., shall have (b) An authorization for remote con a first-class operator on duty at all times trol will be issued only after a satisfac piS ™\useful Purpose and should be when the transmitter is in operation. tory showing has been made including, A11 of the showings which 2 One suggestion was that automatic log among other things, the location of the airirom61? unher the present re- ging and alarm systems should be required remote control point (s). our have. been satisfactory, and for all remote control operations regardless tpr* ■Penence indicates that transmit- of transmitter power. Another was relaxa 3. Section 73.572(b) is amended to stabip 10 kw- Power are as tion of the requirement for daily inspection read as follows: of directionalized AM antenna arrays. The NARP't’c*1 rellable as those having less, latter request, while it does not now appear § 73.572 Remote control authorization. one cUran+a3igumf nt is’ of course, simply appropriate, will be considered in connection ***** eraliv a£aiust remote control gen- with a recent NAB petition to the same effect lly and against any action which (R M —1098). 3 Commissioners Lee and Johnson absent. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4360 RULES AND REGULATIONS (b) An authorization for remote con and Deason, held at its office in Wash correct in all material respects, should trol will be issued only after a satisfac ington, D.C., on the 6th day of March be, and they are hereby, affirmed and tory showing has been made, including, 1967. adopted as our own with the corrections among other things, the location of the Upon consideration of the record in the noted herein. remote control point (s ). above-entitled proceeding, including the It is further ordered, That the effective [F.R; D oc. 67-3132; F iled , M ar. 21, 1967; recommended report and order of the date of this order shall be 60 days from 8:49 a.m .] hearing examiner, the exceptions filed the date of service thereof; and that thereto by the Association of American notice of this order shall be given to the Railroads, railway labor organizations, general public by depositing a copy the Bureau of Railroad Safety and Serv thereof in the office of the Secretary of Title 49— TRANSPORTATION ice of this Commission, and replies this Commission at Washington, D.C., thereto; and and by filing it with the Director, Office Chapter I— Interstate Commerce It appearing, that the appendix to the of the Federal Register. hearing examiner’s recommended report Commission By the Commission, Division 3. was intended to embrace all rules that he SUBCHAPTER A— GENERAL RULES AND recommended be adopted but contains [ s e a l ] H. N e i l G a r s o n , REGULATIONS certain omissions and typographical er Secretary. [N o . 3666; O rder No. 50] rors, and inadvertently included deletion § 91.201 Locomotive unit. PART 77— SHIPMENTS MADE BY WAY of a specific rule, the modification and * * * * * correction of which are essential to a OF COMMON, CONTRACT, OR PRI proper understanding of the report, of (b) Marking front. The letter “F” shall be legibly shown on each side of VATE CARRIERS BY PUBLIC HIGH which the appendix is a part; every locomotive unit near the end, And if further appearing, that no good WAY which, for identification purposes, will be purpose will be served by renumbering Subpart F— Regulations Applying to the present rules as set forth in the ap known as the front end. The unit num ber shall be legibly shown on each side Transportation of Explosives and pendix to the report and may cause con of every locomotive unit and shall be Other Dangerous Articles by Pri fusion in the compliance with and ad shown on the specification card, Form vate Motor Carriers ministration of the said rules; therefore: It is ordered, That the regulations set No. 4-A. D e n i a l o f P e t i t i o n f o r M odification o f forth below be, and they are hereby, * * * * * E f f e c t iv e D a t e substituted for the appendix attached to B r a k e E q u i p m e n t ; A i r B r a k e s At a general session of the Interstate the hearing examiner’s report (31 F.R. § 91.206 Main Reservoir tests. Commerce Commission, held at its office 11179); and * * * * , * in Washington, D.C., this 3d day of March It is further ordered, That certain 1967. typographical errors be corrected, to wit: (c) Telltale holes. Each main reser Upon consideration of the record in the On page 6, line 6 of the hearing examin voir of the type described in the note above-entitled proceedings, the petition, er’s report the words “Association of Me below, hereafter put into service may be filed February 15, 1967, of the Private chanical Enginemen” be, and they are drilled over its entire surface with tell Carrier Conference of the American hereby changed to “American Society of tale holes, made by a standard %6-iuch Trucking Associations, Inc., for modifi Mechanical Engineers” ; that on page 21, drill, which holes shall be spaced not cation of the effective date of §§ 77.875 lines 18 and 19, the words “ under present more than 12 inches apart, measured and 77.876 of Subpart F—Regulations Rule 208 and at 12- or 24-month inter both longitudinally and circumferen Applying to Transportation of Explo vals” be, and they are hereby, stricken; tially, and drilled from the outer surface sives and other Dangerous Articles by that on page 22 after the words “Even if” to an extreme depth determined by the Private Motor Carriers, as provided in on line 16 of the first full paragraph in formula the order accompanying the report of sert the word “it” ; on page 23, last line, 0.6 PR the Commission on reconsideration, change “ lives” to “lines” ; on page 27, D = S — 0.6P dated January 12, 1967 (32 F.R. 2818) : line 9 of third full paragraph under the where D=extreme depth of telltale holes It is ordered, That the petition for heading “Rule 247(b)” change the word in inches but in no case less than Vn modification of the effective date be, and "on” after “Photographs” to “of”; on inch; P —certified working pressure in it is hereby, denied for the reason that page 31 on line 23 of the paragraph be pounds per square inch; S—Ms of the sufficient grounds have not been pre ginning “In support of” , change the fig minimum specified tensile strength of the sented to warrant granting the action ure 15 to “ 10” ; on page 34, paragraph 3, material in pounds per square inch; and sought. line 15, change “ 19,240” to “ 19,420” ; R=inside radius of the reservoir in inch Notice of this order shall be given to and on page 41, first line in column 3 of es. One row of holes shall be drilled the general public by depositing a copy the table after “Accident Rate Per” add lengthwise of the reservoir on a line in thereof in the office of the Secretary of the word “Hundred” ; tersecting the drain opening. No reser the Commission at Washington, D.C., It appearing, that the exceptions voir so drilled needs to be subjected to and by filing a copy with the Director, otherwise do not show any material er the requirement of paragraph (a) or (b) Office of the Federal Register. rors in the examiner’s statement and of this section, except the requirement evaluation of the facts, his conclusions of By the Commission. for a hydrostatic test before being put law or findings, nor do they raise any in service. Whenever any such telltale [ s e a l ] H. N e i l G a r s o n , material matters of fact or law not ade hole shall have penetrated the interior Secretary. quately considered and properly disposed of any such reservoir, the reservoir shall [F.B, Doc. 67-3103; F iled , M ar. 21, 1967; of by the examiner in his report, and be permanently withdrawn from service. 8:47 a.m .] are not of such nature as to require the At the option of the carrier, such drill issuance of a report by Division 3 dis ing may be applied to any reservoir now cussing the evidence in the light of such in service, in lieu of the tests providea [Ex Parte No. 243] exceptions; for by paragraphs (a) and (b) of this PART 91— l o c o m o t iv e in s p e c t io n Wherefore, and good cause appearing section, but not without the said hy therefor: drostatic test after first being drilled. Subpart C— Other Than Steam Loco We find, that the evidence considered N ote: Paragraph (c) applies only to weld motives and Appurtenances in the light of the exceptions and replies thereto does not warrant a result differ ed reservoirs originally constructed to wi M iscellaneous A m e n d m e n t s ; C o r r e c stand at least five times the maximum wor * ent from that reached by the examiner, ing pressure fixed by the chief mecha t i o n and that, except as corrected herein, the officer of the railroad desiring to come wim- Decision and order. At a session of statement of facts, conclusions and find in the terms of such paragraph, as evidenc the Interstate Commerce Commission, ings of the examiner, including the reg by a manufacturer’s certificate to that e Division 3, Commissioners Tuggle, Brown, ulations set forth below, being proper and filed with the Commission. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 RULES AND REGULATIONS 4361 § 91.208 Cleaning. current having a potential of 600 volts or 30 or more consecutive days or was out (a) The filtering devices or dirt col more shall be thoroughly cleaned, in of service when it would otherwise be lectors located in the main reservoir sup spected, and tested as often as conditions due for inspection, an out-of-service re ply line to the air brake system must require to maintain them in safe and port covering such unit shall be made on be cleaned, repaired, or replaced as often suitable condition for service, but not less the reverse of Form 1-A. The out-of - as conditions require to maintain them frequently than every 3 months, by im service time shall be totaled and re properly in a safe and suitable condition mersing the cable portion in water and corded on the reverse of Form 1-A and for service, and not less frequently than subjecting each conductor with another, the interval prescribed for any particu once each 6-month period. and with the water, to a difference in lar test or inspection required by these (b) Brake cylinder relay valve por potential of not less than 1% times the rules may then be extended by the num tions, main reservoir safety valves, brake normal working voltages for not less than ber of such consecutive out-of-service pipe vent valve portions, and feed and 1 minute. Date and place of inspection days recorded since the date of the last reducing valve portions in the air brake and test shall be legibly marked on the previous test or inspection, except as pro system (including related dirt collectors jumper or cable or on a tag securely at vided in paragraph (d) of this section. and filters) must be cleaned, repaired, tached thereto. The. report shall be made on each date and tested as often as conditions require ***** on which an inspection or test would have been due except for the extension to maintain them properly in a safe and P e r io d ic a l R e p o r t s suitable condition for service, and not and shall show the name of the railroad, less frequently than once each 12-month § 91.331 Monthly locomotive unit in the place where made, the initials and period. spection and report. number of the unit, the place where (c) All other valves and valve portions unit is out of service, and the reason for (a) 30-day locomotive unit inspection being out of service. in the air brake system (including related and report. Not less than once every 30 dirt collectors and filters) the function days a report shall be made on Form (d) Out-of-service report when filed. of which is to apply or release the air 1-A, covering each locomotive unit in The out-of-service report shall be trans brakes, must be cleaned, repaired, and use, which shall show the condition of mitted to the U.S. District Inspector in tested as often as conditions require to the unit as determined by aji inspection charge within 10 days after the 30-day maintain them properly in a safe and made in accordance with the law and inspection period for which it is to cover. suitable condition for service, and not these rules and instructions. The rail One copy of the report will be retained less frequently than once each 24-month road may perform the inspection re in the office of the mechanical officer period. quired by this rule within the 5 days next having charge of the locomotive. It (d) The date of testing or cleaning, following the expiration of the 30-day need not be sworn to, but must be signed and the initials of the shop or station at period, if conditions beyond the control by the officer in charge of the locomo which the work is done, shall be legibly of the railroad render such additional tive unit. When out-of-service report stenciled in a conspicuous place on the time necessary; and in that event proper has been filed, an inspection must be parts, or placed on a card displayed notation shall be made on the reverse of made and report made on Form 1-A be under transparent cover in the cab of the report on Form 1-A. The report fore the unit is again returned to service. each locomotive unit. shall be prepared on a good grade of § 91.334 Extensions. D ra w g e a r B e t w e e n L o c o m o t iv e U n i t s , pale blue paper, size 6 by 9 inches, and (a) Automatic extensions for time out C o n n e c t io n s B e t w e e n T r u c k s a n d subscribed and sworn to, before an offi of service. The time for making inspec D r a f tg e a r cer authorized to administer oaths, by the inspectors who made the inspection, tions and tests on units and boilers which § 91.212 General provisions. and by the officer in charge. A duplicate are out of service for 30 or more con * * * * * secutive days may be extended without copy of this report shall be filed in the application as hereinafter provided. (c) Removal of drawbars and pins. office of the mechanical officer having Lost motion in drawbars and pins when charge of the locomotive and within 10 Time out of service shall be properly ac used between units or trucks shall not days after each inspection one copy shall counted for by out-of-service reports and exceed one-half inch at each pin, and be transmitted to the U.S. District notations made on the back of each sub shall be checked by tramming. Inspector. sequent inspection report and cab card (d) Removal of drawbars and pins. (b) Cab report. A copy of the last in for time claimed out of service. Less Lost motion in articulated connections spection report shall be displayed under than 30 days out of service will not be when used between units or trucks shall transparent cover in a conspicuous place counted toward extensions. not exceed one-half inch at each pin, in the cab of each unit. This copy must (b) [Deleted] and shall be checked by tramming. be a duplicate in all ways of the report (c) [Deleted] * * * * * ■ filed with the district inspector, except (d) [Deleted] E l e c t r ic a l E q u ip m e n t . it need not be sworn to, and in the event this copy is destroyed or becomes lost or (e) [Deleted] § 91.247 Jumpers; cable connections. illegible it may be replaced by a con (f) [Deleted] * * - * * * formed copy. ***** (b) Tests; record. Cable connections (c) Out of service report. When a [F .R . Doc. 67-3104; F iled , M ar. 21, 1967; between units and jumpers that carry locomotive is withheld from service for. 8:47 a.m .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 No. 55- ■4 4362 Proposed Rule Making feror plant for distributing pool plant cent route disposition factor. Suspen DEPARTMENT OF AGRICULTURE status. sion of this provision by the Department The need for such amendment was es was necessary to maintain the pool status Consumer and Marketing Service tablished by the operator of a pool dis of the plant for that month (31 F.R, tributing plant. His plant bottles about 15087). [ 7 CFR Part 1137 1 85 percent of its producer milk receipts. School milk business represents a sub [Docket No. AO 326-All] Nevertheless, the pool status of the plant stantial portion of proponent’s wholesale is jeopardized by a recent change in the route disposition. Proponent anticipates MILK IN EASTERN COLORADO operations of the firm. that when sales to schools terminate MARKETING AREA Until recently, the firm operated both during the coming summer, the plant wholesale and retail routes. As of Sep is unlikely to qualify for pooling begin Notice of Recommended Decision and tember 1966, it divested itself o f the ning in June. This would happen even Opportunity To File Written Ex retail routes but continues to supply though the major portion of proponent’s producer receipts are processed and ceptions on Proposed Amendments wholesale routes. In this connection, the firm sells packaged fluid milk prod packaged as fluid milk products. to Tentative Marketing Agreement ucts to schools, and supplies government Prior to September 1966, proponent’s and Order contracts. plant was pooled on the basis of a com bination of wholesale and retail route Pursuant to the provisions of the Ag Cambridge Dairy also packages fluid milk products for another pool handler. disposition. No problem emerged so long ricultural Marketing Agreement Act of as the plant qualified for pooling on this 1937, as amended (7 U.S.C. 601 et seq.), This business now represents about 25 basis. and the applicable rules of practice and percent of the firm’s Class I sales. The raw milk is delivered to proponent’s plant Packaged milk that moves to a pool procedure governing the formulation of plant is treated as an interhandler trans marketing agreements and marketing or where it is processed and packaged. fer and not as a route disposition, and ders (7 CFR Part 900), notice is hereby Thefi it is picked up by another pool handler who takes it to his plant for we believe that this treatment is gen given of the filing with the Hearing Clerk erally appropriate. Nevertheless, pool of this recommended decision with re route delivery next day. Under present order provisions, the plant status should not be denied pro spect to proposed amendments to the ponent’s plant, whose Class I utilization tentative marketing agreement and or milk disposed of in this way is not counted as a route disposition from pro is 85 percent of producer receipts and der regulating the handling of milk in whose major fluid milk disposition is in the Eastern Colorado marketing area. ponent’s plant. Instead, it is appropri ately treated as an interhandler transfer the market. There was no opposition to Interested parties may file written excep the continued pooling of the plant. tions to this decision with the Hearing and as a route disposition from the other Should the plant fail to qualify as a Clerk, U.S. Department of Agriculture, pool plant. Thus, each transaction is properly identified and is specifically re pool distributing plant, d is o rd e rly Washington, D.C. 20250, by the 5th day marketing conditions would result. after publication of this decision in the ported as such to the market adminis trator. This facilitates order operations Producers supplying the plant would be F e d e r a l R e g is t e r . The exceptions should deprived of the assurance that their m ilk be filed in quadruplicate. All written and avoids ambiguous or dual reports. The amendment provided herein will is priced according to its use. R e g u la te d submissions made pursuant to this notice handlers would be confronted with an will be made available for public inspec not change that treatment, as a general application of the order. It provides unregulated handler who is an im p o rta n t tion at the office of the Hearing Clerk competitive factor in the market. They during regular business hours (7 CFR only that such transfers, which are classified as Class I, and emanate from would be deprived of the assurance o f 1.27(b)). uniform costs of milk for major co m Preliminary statement. The hearing a plant with route disposition in the marketing area, shall be considered as petitors in the market. P ro d u c e r- on the record of which the proposed handlers who buy supplemental bulk amendments, as hereinafter set forth, to a route disposition from the transferor plant, rather than from the transferee m ilk from proponent would need to find the tentative marketing agreement and other pool sources of milk or lose th eir to the order as amended, were formu plant, for the single purpose of qualifying the transferor plant as a pool distributing exempt status. In short, cu sto m a ry lated, was conducted at Denver, Colo., on marketing arrangements would b e dis February 1, 1967, pursuant to notice plant under § 1137.7 (a) (1). With no retail route disposition, it is rupted, and needlessly so. thereof which was issued December 30, An appropriate solution to the problem 1966 (32 F.R. 56), and January 10, 1967 increasingly difficult for proponent to meet the route disposition requirement is to amend the route definition of the (32 F.R. 328). order to provide that packaged fluid milk The single issue considered at the hear of the order for pool distributing plants solely on the basis of wholesale route products transferred to a distributing ing concerned marketing conditions pool plant from a plant with route dis which jeopardize the pool status of a disposition. The applicable provision requires that a pool distributing plant position in the marketing area, ana pool distributing plant, and alternative classified as Class I, shall be considers order amendments which would main must dispose of an amount equal to 50 percent or more of its total receipts of as a route disposition from the transfero tain such status. plant rather than from the transferee Findings and conclusions. The follow Grade A milk as fluid milk products on routes. plant, for the single purpose of ing findings and conclusions on the ma ing such plant as a pool distributing terial issue are based on evidence A situation developed last December which demonstrates how proponent’s plant under § 1137.7(a) (1). This treat presented at the hearing and the record ment will afford the proponent tne thereof: pool plant status is jeopardized. During that month schools were closed for about flexibility of packaging milk for tn The route definition of the order other handler from receipts of Producer ten days. Between September and De should be amended to provide that pack milk at his plant, or from bulk rece P aged fluid milk products transferred to cember 1966, proponent relied on whole sale route disposition as a means of from other pool plants. a pool distributing plant from a plant An alternative proposal was Present*1 with route disposition in the marketing qualifying his plant under the pooling provisions for pool distributing plants. by the witness for the principal cooper area, and which are classified as Class tive association in the market. . I, shall be considered as a route disposi When the schools closed, and this whole sale outlet was terminated temporarily, have provided that bulk milk rec . tion from the transferor plant for the from other distributing plants be su single purpose of qualifying the trans the plant was unable to meet the 50 per FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 PROPOSED RULE MAKING 4363 tracted from the total receipts of Grade ommended marketing agreement is not the Commission rules and regulations A milk at proponent’s plant before the included in this decision because the to provide UHF television broadcast 50 percent pool plant requirement would regulatory provisions thereof would be channels in the State of Hawaii; Docket apply to the balance of the Grade A the same as those contained in the order, No. 17296, RM-1010, RM-1022. receipts at the plant. The objective of as hereby proposed to be amended: 1. The Commission has received two this alternative is to preserve the pool Section 1137.15 is revised as follows: petitions requesting the assignment of plant status of Cambridge Dairy without UHF television broadcast channels to changing the present route disposition § 1137.15 Route. specified cities in Hawaii; RM-1010, filed factors provided in the pool plant defini “Route” means any delivery to retail August 3, 1966, by S & G Television, Inc. tion. However, the adoption of the co or wholesale outlets (including a deliv and RM-1022, filed August 25, 1966, by operative association’s proposal was ery by a vendor or a sale from a plant or James A. Chase and E. Harold Munn, Jr. predicated on the revision of other provi plant store) of any fluid milk product, 2. In support of its petition, S & G sions of the order, the consideration of other than a delivery to a pool plant or Television, Inc., notes that the four VHF which was outside the scope of the hear channels assigned to Honolulu are in use ing notice. a nonpool plant: Provided, That pack aged fluid milk products that are trans and that the remainder of the VHF Rulings on proposed findings and con channels assigned to Hawaii are oper clusions. Briefs and proposed findings ferred to a distributing pool plant from a plant with route disposition in the ating as satellites of the Honolulu TV and conclusions were filed on behalf of stations. It recites certain statistics re certain interested parties. These briefs, marketing area, and which are classi fied as Class I under § 1137.44(a), shall garding the growing population of proposed findings and conclusions and Honolulu and Hawaii and increasing the evidence in the record were con be considered as a route disposition from the transferor plant, rather than retail sales and states that it is ready, sidered in making the findings and con willing and able to make application for clusions set forth above. To the extent from the transferee plant, for the single purpose of qualifying it as a pool dis and operate a new UHF television broad that the suggested findings and conclu tributing plant under § 1137.7(a) (1). cast station in Honolulu if authorized to sions filed by interested parties are in do so. Signed at Washington, D. C., on consistent with the findings and conclu 3. Chase and Munn, in their petition, sions set forth herein, the requests to March 16, 1967. argue that there is a need for UHF make such findings or reach such con C l a r e n c e H. G ir a r d , channel assignments in Hawaii for the clusions are denied for the reasons pre Deputy Administrator, following reasons: viously stated in this decision. Regulatory Programs. General findings. The findings and 1. Absentee ownership of existing determinations hereinafter set forth are [F .R . Doc. 67-3146; F iled , M ar. 21, 1967; television station facilities. supplementary and in addition to the 8:50 a .m .] 2. Unavailability of a variety of findings and determinations previously services. made in connection with the issuance of 3. Inadequate channels available. the aforesaid order and of the previously DEPARTMENT OF HEALTH, EDU Elaborating on these points, the peti issued amendments thereto; and all tioners note that if the Commission ap of said previous findings and determina CATION, AND WELFARE proves the recent sale of the Honolulu tions are hereby ratified and affirmed, independent television station, all exist except insofar as such findings and de Food and Drug Administration ing stations in that city will be owned terminations may be in conflict with the [ 21 CFR Part 1 3 by mainland interests; that three of the findings and determinations set forth stations carry programs of the national herein. LABELS OF FOODS, DRUGS, DEVICES networks and the independent relies (a) The tentative marketing agree AND COSMETICS heavily on mainland film products; that ment and the order, as hereby proposed programs with a unique local orientation, to be amended, and all of the terms and Proposal Regarding Required based on Island culture and fitted to conditions thereof, will tend to effectuate Statements Hawaiian needs are necessarily at a mini the declared policy of the Act; mum; and that under the present assign (b) The parity prices of milk as de Correction ments, there are no channels available termined pursuant to section 2 of the Act In P.R. Doc. 67-2991, appearing at for special programing such as ethnic, are not reasonable in view of the price of page 4172 of the issue for Friday, March sports, fine arts, subscription television, feeds, available supplies of feeds, and 17, 1967, the following corrections are and other approaches. They propose the other economic conditions which affect made in paragraph (o) of the proposed assignment of Channel 15 to Honolulu market supply and demand for milk in new § 1.8b: and Channel 17 to Wailuku. The peti the marketing area, and the m in i m u m 1. Immediately preceding the proviso, tioners do not indicate that they will prices specified in the proposed market the words reading “net quantity of con apply for stations on the assigned chan ing agreement and the order, as hereby tests” should read “net quantity of nels but merely state that an application proposed to be amended, are such prices contents”. for a new UHF television broadcast sta as will reflect the aforesaid factors, in 2. The closing words of the paragraph, tion in Hawaii may be expected as the sure a sufficient quantity of pure and following the semicolon, now reading result of the rule making. wholesome milk, and be in the public in terest; and “for example, ‘jumbo quart’ and full 4. The present Table of Assignments ‘gallon’.” should read “for example, for television broadcast channels con (c) The tentative marketing agree ‘jumbo quart’ and ‘full gallon’.” tains no UHF channel assignments in ment and the order, as hereby propose Hawaii. The subject petitions indicate to be amended, will regulate the han a developing interest and the Commis in the same manner su sion is of the view that such assignments na will be applicable only to person FEDERAL COMMUNICATIONS should now be made; not on a case-by n the respective classes of industrial an case basis but in the form of an assign commercial activity specified in, a mar COMMISSION ment plan for the entire State. A l has^ee^h6?111631*1 u^on w^lch a hearin though there are only four cities of E 47 CFR Part 73 3 sufficient size to warrant inclusion in Recommended marketing agreemen [D o c k e t N o. 17296; FC C 67-332] the Table of Assignments at this time, amending the order. The fol ana order the plan has been developed around the Prder amending the order a UHF TV BROADCAST CHANNELS, whole island complex using the efficiency ?nmtiodÿ r?gulating the handling of mil HAWAII criteria employed in developing the re jn Eastern Colorado marketing are Notice of Proposed Rule Making cently revised UHF assignment plan for o rn n S mended “ the detailed and ap the conterminous United States. We cnnnwÎf means ^ which the foregoin In the matter of amendment of the have not proposed UHF channels re inclusions may be carried out. The rec Table of Assignments in § 73.606(b) of served for educational use because we FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4364 PROPOSED RULE MAKING have no information as to future plans & 73.606(b) of the Commission rules by such parties must be made in written for utilization of UHF channels for edu assigning UHF television broadcast comments, reply comments or other ap cational TV broadcasting in the State channels in the State of Hawaii as fol propriate pleadings. of Hawaii. VHF Channels 4, 11, 8, and lows: 7. In accordance with the provisions of § 1.419 of the rules, an original and 14 10 are currently reserved for educational City Channels use in Hilo, Honolulu, Lihue, and Wai- copies of all written comments, replies, luku, respectively. The University of Hilo, Hawaii______14 + ,2 0 + , 2 6 + pleadings, briefs, or other documents Honolulu, Oahu ___£______- ______14,20,26,36 shall be furnished the Commission. Hawaii has authorized stations on Chan L ih u e, K a u a i______16 nel 11 in Honolulu and Channel 10 in Wailuku, Maui------2 2 + ,2 8 + Adopted: March 15,1967. Wailuku. We anticipate no problem in providing additional assignments on 6. Pursuant to applicable procedures Released: March 17,1967. set out in § 1.415 of the Commission’s UHF channels, if needed. F e d e r a l C ommunications rules, interested parties may file com 5. Accordingly, pursuant to the au C o m m i s s io n , thority contained in sections 4 (i), 303 ments on or before April 24, 1967, and [ s e a l ] B e n F . W a p l e , and 307(b) of the Communications Act reply comments on or before May 3,1967. Secretary. of 1934, as amended, it is proposed to All submissions by parties to this pro [F.R. Doc. 67-3133; Filed, Mar. 21, 1967; amend the Table of Assignments in ceeding or by persons acting in behalf of 8:49 a.m .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4365 Notices security functions recently administered Room 101, Federal Building, Corpus Christi, DEPARTMENT OF THE TREASURY by the Bureau of Customs, that are now T e x . 78401. Coast Guard combined with existing Coast Guard ad R o o m 232, Custom house, G alveston , Tex., ministered port security functions. 77550. [CGFR 67-16] Communications " dealing with the 7300 W in g a te S treet, H ou ston, T e x . 77011. Room 563, Federal Building, Mobile, Ala. functions of admeasurement should be CERTAIN FUNCTIONS PERFORMED BY 36602. addressed to the appropriate Officer in 310 Custom house, N ew O rleans, La. 70130. BUREAU OF CUSTOMS Charge, U.S. Coast Guard Marine In 1601 P ro c to r S treet, P o rt A rth u r, T ex. 77640. Notice of Continuation of Orders, spection; Coast Guard District Com R o o m 440, F ed eral B u ild in g, 121 E llic o tt mander, or Commandant (M M T ), U.S. Street, B uffalo, N .Y . 14203. Rules, Regulations, Policies, Pro Coast Guard Headquarters, 1300 E 10101 S ou th E w in g A ven u e, C hicago, 111. cedures, Privileges, Waivers, and Street NW., Washington, D.C. 20226. 60617. Other Actions Communications dealing with the 1055 East N in th S treet, C leveland, O h io 44114. Federal Building Room 424, Detroit, Mich. Effective on February 24, 1967, the Registration of Stack Insignia or with 48226. Coast Guard assumed responsibility for the publication of the Merchant Vessel Federal Building, Room 311, Duluth, Minn. the performance of certain functions Register should be addressed to the 55802. heretofore performed by the Bureau of Commandant (M V D ), U.S. Coast Guard P o st Office B ox 308, L u d in g to n , M ich . 49431. Customs. These functions are those con Headquarters, 130 E Street NW., Wash Room 400, 135 West Wells Street, Milwaukee, ington, D.C. 20226. W is. 53203. cerned with admeasurement; documen Room 205, Federal Building, Oswego, N.Y. tation; publication of the register of Communications dealing with the function of vessel documentation should 13126. merchant vessels of the United States; M u n ic ip a l B u ild in g, St. Ign ace, M ich . 49781. registration of private signals, funnel be addressed to the appropriate Officer F ed eral B u ild in g, R o o m 5101, 234 Su m m it marks and house flags ; recording of ves in Charge, U.S. Coast Guard Marine S treet, T o led o , O h io 43604. sel mortgages and conveyances; and port 'Inspection; Coast Guard District Com (Los Angeles-Long Beach), Center Building, security. Pursuant to the authority dele mander, or Commandant (M V D ), U.S. 750 North Broad Avenue, Wilmington, Calif. 90744. gated to the Commandant of the Coast Coast Guard Headquarters, 1300 E Street NW., Washington, D.C. 20226. Station B, Box 2029, San Francisco, Calif. Guard by Treasury Department Order 94126. No. 167-81, all orders, determinations, Applications and other routine trans Room 12A, Broadway Pier, San Diego, Calif. rules, regulations, directives, require actions made in person will continue to 92101. ments, standards, statements of policy, be handled at the same locations until R o o m 202, L in c o ln B u ild in g, 208 Sou th w est notices, interpretations, procedures, doc further notice. F ift h A ven u e, P o rtla n d , O reg. 79204. uments, registers, licenses, enrollments, List of Officers in Charge, U.S. Coast 618 Second A ven u e, S eattle, W ash. 98104. certifications, permits, privileges, ex Guard Marine Inspection: 610 F o r t S treet, H on olu lu , H a w a ii 96813. P o s t Office B ox 1286, A n ch orage, Alaska 99501. emptions, waivers, and all other actions 427 Commercial Street, Boston, Mass. 02109. P o st Office B ox 3-5000, Juneau, A laska 99801. which have been issued, made, granted, P o s t Office B ox 108, P e a rl S treet S tation , or allowed to become effective prior to P o rtla n d , M ain e 04112. Dated: March 15,1967. February 24, 1967, under the provisions 409 F ed eral B u ild in g, P rovid en ce, R .1 .02903. of law or regulation listed below are P o st Office B ox 391, Cairo, 111. 62914. [ s e a l ] w . J. S m i t h , hereby adopted and affirmed and shall R o o m 8413, F ed eral Office B u ild in g, 550 M a in Admiral, U.S. Coast Guard, Street, Cincinnati, Ohio 45202. Commandant, U.S. Coast Guard. continue in effect according to their B ox 695, D ubuque, Io w a 52001. terms until modified, terminated, re 328 Post Office and Federal Courthouse Build [F .R . Doc. 67-3101; F iled , M ar. 21, 1967; pealed, superseded, or set aside by ap ing, Fifth Avenue and Ninth Street, Hunt- 8:46 a.m .] propriate authority; in g to n , W . Va. 25701. (1) Sections 2-4, 7, 8, 11-41, 43-47,254 Francis Building, Fourth and Chestnut 49-56, 58-63, 71-83k, 103, 105, 109, Streets, Louisville, Ky. 40202. 151-163, 221, 227, 236-238, 251(a), 856 F ed eral B u ild in g, 167 N o rth M a in S treet, Memphis, Tenn. 38103. DEPARTMENT OF THE INTERIOR 252-277, 278-280, 292, 320-328, 331-336, 670 U.S. C ourthouse, 801 B roadw ay, N ash Bureau of Land Management 404a, 496, 724, 725, 801, 802, 808, 838, v ille , T e n n . 37203. 840, 881, 883, 883a, 883b, 883-1, 911-927, U.S. Post Office and Courthouse Building, NEVADA 941 (b) and (c), 981-984, 1011-1013 of R o o m 1032, P ittsb u rg h , Pa. 15219. Title 46, United States Code, insofar as Federal Building, 1520 Market Street, St. Notice of Filing of Plat of Survey ana hey relate to the functions of admeas Lou is, M o. 63103. Order Providing for Opening of urement; documentation; publication of Room 313, Federal Building, Albany, N.Y. 12207. Lands we of merchant vessels of the Room 302, Post Office Building, New London, M a r c h 13, 1967. nited States; registration of private Conn. 06321. gnals, funnel marks, and house flags; 1. The Plat of Survey of lands de B a ttery P a rk B u ild in g, N ew Y o rk , N .Y . 10004. scribed below will be officially filed at the a recording of vessel mortgages, and Custom house, P h ilad elp h ia, P a. 19106. conveyances: Nevada Land Office, Reno, Nevada, effec Custom house, B altim ore, M d. 21202. tive 10 a.m. on April 19, 1967. wJr ®ection 11 O f Title 19, Co Federal Building, Room 200, Portsmouth, Va. fie r a i Regulations, insofar as it r< 23705. M o u n t D iablo M eridian, N evada Room 101-105, Customhouse, Wilmington, T. 42 N., R. 35 E. (Group 428). issued • W^ere mar*ne documents m N .C .28401. Room 625, Federal Building, 334 Meeting 2. The surveyed area of the described Fertile 2 and 3 of ™ e 19> Code of S treet, C harleston, S.C. 29403. land aggregates 23,718.39 acres. The S f Re^ ations- relating to meas- Room 210, Federal Building, Post Office Box plat was accepted February 1,1967. The S S 1 alnd documentation of vessels; 4968, Jack son ville, F la . 32201. land varies from high rolling in the east erai p f ^ 23 of « t i e 19, Code of Fed- R o o m 1202, F ed eral B u ild in g, 51 S ou th w est K r f gulations, insofar as it relates tc F irs t A ven ue, M ia m i, F la. 33130. ern portion to mountainous in the cen Room 302, Federal Building, Post Office Box tral western portion, to nearly level in item (D°rCement of the laws listed to 3666, San Juan, P .R . 00904. the western part. Elevation ranges from P o s t Office B ox 191, Savannah, G a. 31402. about 4,100 to 5,900 feet above sea level. Staten 191 of 50. R o o m 210, 500 Z ack S treet, P o s t Office B ox tes Code msofar as it relates The soil varies from sandy to sandy loam, 3172, T am p a, F la. 33601. but is rocky in the higher elevations. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4366 NOTICES Vegetation consists of sagebrush, shad- S e c t io n 1v Administrative Assistant. specimen tensile stage, type HD-1. scale, greasewood, and sparse native The Administrative Assistant, Prince Manufacturer: Hitachi, Ltd., Tokyo, grasses. The southwest portion of the William Forest Park and George Wash Japan. Intended use of article: Re township is drained by the Quinn River. ington Memorial Parkway, may issue search and teaching on graduate level in The northwest portion drains northerly, purchase orders not in excess of $2,500 materials science with investigations of and the eastern portion drains to the for supplies and equipment in conformity metals, ceramics and semiconductors. east. Principal users of the area are with applicable regulations and statu Application received by Commissioner of cattlemen, and access is provided by tory authority and subject to availability Customs: March 9, .1967. desert roads. of allotted funds. Docket No.: 67-00009-33-09000. Ap 3. Subject to any existing valid rights S e c . 2. Management Assistant. The plicant: New York University, New York, and the requirements of applicable law, Management Assistant, Prince William N. Y. 10003. Article: Cathetometer with the above-described lands are hereby Forest Park, may issue purchase orders microscope, custom built to following opened to filing applications, selections, not in excess of $2,500 for supplies and specifications t 3-inch lens with 1.7 and location, except for applications equipment in conformity with applicable power; ocular with 10 power; lowest- under the Small Tract, Desert Land and regulations and statutory authority and reading-height over table plate, 230 mm; Homestead Laws, in accordance with the subject to availability of allotted funds. highest reading-height over table plate, following: Applications and selections (National Park Service Order 34 (31 F.R. 370 mm; gross movement, 110 mm; fine under the nonmineral public land laws 4255); 39 S tat. 535, 16 U.S.C., sec. 2; N a tio n a l movement, 30 mm; reading accuracy, may be presented to the Manager men Capital Region Order 3 (31 F.R. 8500) ) O. 005 mm. Manufacturer: Ole Dich In tioned below, beginning on the date of Dated: December 22, 1966. strument Makers, Denmark. Intended the order. Such applications, selections use of article: Research with Cartesian and offers will be considered as filed on F l o y d B . T a y l o r , diver apparatus made by Ole Dich, in the the hour and respective dates shown for Superintendent. Department of Biology. Application re the various classes enumerated in the [F .R . Doc. 67-3140; F iled , M ar. 21, 1967; ceived by Commissioner of Customs: following paragraphs: Applications by 8:49 a.m .] March 8,1967. persons having prior existing valid set tlement rights, preference rights con C h a r l e y M . D e n t o n , Director, Office of Scientific and ferred by existing laws, or equitable Technical Equipment, Busi claims subject to allowance and confir DEPARTMENT OF COMMERCE ness and Defense Services mation will be adjudicated on the facts Administration. presented in support of such claim or Business and Defense Services right. All applications presented by per Administration [F.R. Doc. 67-3082; F iled , M ar. 21, 1967; .8 :4 5 a.m.J sons other than those referred to in this UNIVERSITY OF SOUTHERN CALI paragraph will be subject to the applica tions and claims mentioned in this FORNIA AND NEW YORK UNIVER paragraph. All valid applications and SITY DEPARTMENT OF HEALTH, EDUCA selections under the nonmineral public Notice of Applications for Duty-Free land laws presented prior to 10 a.m., April 19, 1967, will be considered as si Entry of Scientific Articles TION, AND WELFARE multaneously filed at that hour. Rights The following are notices of the re Food and Dr'tfg Administration under such applications and selections ceipt of applications for duty-free entry filed after that hour will be governed by of scientific articles pursuant to sec AMERICAN CYANAMID CO. the time of filing. tion 6(c) of the Educational, Scientific Notice of Filing of Petition for Food 4. Persons claiming preference rights and Cultural Materials Importation Act Additives based upon valid settlement, statutory of 1966 (Public Law 89-651; 80 Stat. 897). preference, or equitable claims must Interested persons may present their Pursuant to the provisions of the Fed enclose properly corroborated statements views with respect to the question of eral Food, Drug, and Cosmetic Act (sec. in support of their applications, setting whether an instrument or apparatus of 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 forth all facts relevant to their claims. equivalent scientific value for the pur (b)(5)), notice is given that a p e titio n Detailed rules and regulations governing poses for which the article is intended has been filed by American C y a n a m id applications, which may be filed pur to be used is being manufactured in the Co., Agricultural Division, Post Office suant to this notice can be found in Title United States. Such comments must be Box 400, Princeton, N.J. 08540, p ro p o sin g 43 of the Code of Federal Regulations. filed in triplicate with the Director, O f amendments to the food additive re g u Inquiries concerning these lands shall be fice of Scientific and Technical Equip lations to provide for the safe use in addressed to the Manager, Land Office, ment, Business and Defense Services chicken feed of aklomide and sulfanitran Bureau of Land Management, 300 Booth Administration, Washington, D.C. 20230, combined with chlortetracycline w ith or Street, Reno, Nev. 89502. within 20 calendar days after date on without sodium sulfate, for the p re v e n which this notice of application is.^pub tion of coccidiosis and for the prevention D a n i e l P. B a k e r , Manager, Nevada Land Office. lished in the F e d e r a l R e g is t e r . or treatment of certain conditions in Regulations issued under cited Act, chickens in the amounts and for th e p u r [F .R . Doc. 67-3090; F iled , M ar. 21, 1967; published in the February 4, 1967, issue poses specified in § 121.208 Chlortetra 8:45 a.m .] of the F e d e r a l R e g is t e r , prescribe the cycline. requirements applicable to comments. Dated: March 13,1967. National Park Service A copy of each application is on file, and may be examined during ordinary J. K. K i r k , [O rd e r 3] Commerce Department business hours at Associate Commissioner, ADMINISTRATIVE ASSISTANT AND the Office of Scientific and Technical for Compliance. Equipment, Department of Commerce, MANAGEMENT ASSISTANT, PRINCE [F.R. DoC; 67-3125; F iled , M ar. 21, 1967! Room 5123, Washington, D.C. 8:48 a.m .] > WILLIAM FOREST PARK AND Docket No.: 67-00006-60-46040. Ap GEORGE WASHINGTON MEMO plicant: University of Southern Califor RIAL PARKWAY nia, Los Angeles, Calif. 90026. Article: AMERICAN CYANAMID CO. Electron microscope, model HU-125 with Delegation of Authority automatic tilting, rotating and heating Notice of Filing of Petition for Fo o d Order No. 2 (dated Aug. 17, 1966), stage, type HK-2-BM ; universal diffrac Additives Prince William Forest Park and George tion stage, type HE-1; narrow angle Washington Memorial Parkway, is com charge neutralizer, type SG-B; specimen Pursuant to the provisions of the Fed eral Food, Drug, and Cosmetic Act cse . pletely revoked and is replaced by the cooling stage, type HC-2; magnetic do following: main attachment, type HMD-11 and 409(b)(5), 72 Stat. 1786; 21 U.S.C. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4367 (b)(5)), notice is given that a petition O f f ic e o f t h e C ommissioner sibility for overall policy direction of the has been filed by American Cyanamid Commissioner. program and for coordination of pro Co., Agricultural Division, Post Office Deputy Commissioner. gram policy with those of related pro Box 400, Princeton, N.J. 08540, proposing Associate Commissioner for Federal-State grams within the Department and with amendments to the food additive regula R elation s. other departments and agencies, and the tions to provide for the safe use in Associate Commissioner for International approval of rules and regulations author chicken feed of amprolium, ethopabate, E d u cation . Associate Commissioner for Field Services. ized by section 232, and authority to sub and arsanilic acid for the prevention of Office of Administration. mit reports to Congress required by sec coccidiosis, for growth promotion and Office of Information. tion 233 are reserved to the Secretary feed efficiency, and for improving pig Office of Legislation. (P.L. 87-415 approved March 15, 1962, mentation, plus these combined with Office of Program Planning and Evaluation. 76 Stat. 23, as amended, 42 U.S.C. 2571- Chlortetracycline with or without sodium Division of Program Planning. 2620). Division of Program Evaluation. sulfate for the prevention or treatment ***** of certain conditions in chickens in the Office of Equal Educational Opportunities. Office of Programs for the Disadvantaged. amounts and for the purposes specified in Office of Construction Service. Dated: March 16, 1967. § 121.208 Chlortetracycline. National Center for Educational Statistics: [ s e a l ] J o h n W. G a r d n e r , Dated: March 14,1967. Office of the Assistant Commissioner. Secretary. Division of Data Sources and Standards. J. K . K i r k , Division of Data Processing and Data [F .R . D oc. 67-3128; F iled , M ar. 21, 1967; Associate Commissioner Analysis. 8:49 a jn .] for Compliance. Division of Statistical Analysis. Division of Operations Analysis. [F.R. Doc. 67-3126; F iled , M ar. 21, 1967; 8:48 a.m .] BUREAU OF ELEMENTARY AND SECONDARY SOCIAL SECURITY ADMINISTRATION EDUCATION Statement of Organization and Office of the Associate Commissioner. NATIONAL STARCH AND CHEMICAL Division of Plans and Supplementary Cen Delegations of Authority CORP. ters. Sections 8.20, 8.30, and 8.40 of Part 8 Division of Compensatory Education. of the Statement of Organization and Notice of Filing of Petition for Food D iv is io n o f S ta te A ge n cy C oop eration . Delegations of Authority of the Depart Additives . Division of School Assistance in Federally A ffe c te d Areas. ment (22 F.R. 1050), as amended, are Pursuant to the provisions of the Fed Division of Educational Personnel Training. amended to read as follows: eral Food, Drug, and Cosmetic Act (sec. T h e T each er Corps. S e c . 8.20 Functions, (a) Except as 409(b)(5), 72 stat. 1786; 21 U.S.C. 348 BUREAU OF ADULT AND VOCATIONAL EDUCATION provided in paragraph (b) of this section (b)(5)), notice is given that a petition and sections 2.30 and 8.30 of this state (FAP 7A2154) has been filed by National Office of the Associate Commissioner. ment, the Commissioner of Social Securi Division of Vocational and Technical Edu ty shall exercise: Starch and Chemical Corp., 1700 West cation . Front Street, Plainfield, N.J. 07063, pro Division of Library Services and Educational (1) The functions vested in the Sec posing that paragraph (d) of § 121.1031 Facilities. retary under Title II of the Social Se Food starch-modified be amended to Division of Adult Education Programs. curity Act, as amended (42 U.S.C. 401- provide for the safe use of a food starch Division of Manpower Development and 427); under Titles V II and X I of the esterified by treatment with monosodium T ra in in g . Act, as amended (42 U.S.C. 902-907, orthophosphate, whereby the residual BUREAU OF HIGHER EDUCATION 1301-1318), except insofar as the provi sions of such titles pertain to the Mis phosphate (calculated as phosphorus) in Office of the Associate Commissioner: the food starch-modified does not exceed D ivis io n o f S tu d en t F in a n cia l A id . sion of the Welfare Administration as 0.4 percent. Division of Foreign Studies. described in section 9.00 of this state ment; under Title X V III of the Act (42 Dated: March 13, 1967. Division of Graduate Programs. Division of College Facilities. / - U.S.C. 1395-139511), with appropriate ad J . K . K i r k , Division of College Support. vice from and consultation with the Pub Associate Commissioner BUREAU OF RESEARCH lic Health Service and Welfare Adminis for Compliance. tration; section 1110 of the the Social Office of the Associate Commissioner: Security Act, as amended (42 U.S.C. [F.R. Doc. 67-3127; F iled , M ar. 21, 1967; Division of Elementary and Secondary Re 8:48 a.m .] search. 1310), insofar as such section pertains to Division of Adult and Vocational Research. the Mission of the Social Security Ad Division of Higher Education Research. ministration as described in section 8.00 Office of the Secretary Division of Laboratories and Research De of this statement; and under" sections velop m en t. 1402(h), and 3121 (k) and (1) of the OFFICE OF EDUCATION Division of Research Training and Dis Internal Revenue Code of 1954, as semination. Statement of Organization and amended (26 U.S.C. 1402(h), 3121 (k) BUREAU OF EDUCATION FOR THE HANDICAPPED and (1)). Delegations of Authority Office of the Associate Commissioner: (2) The functions vested in the Secre Part 6 of the Statement of Organiza Division of Research. tary relating to the Mission of the Social tion and Delegations of Authority of the Division of Training Programs. Security Administration, as described in Department of Health, Education, and Division of Educational Services. section 8.00 of this statement, under the S , are <31 F.R. 8089, dated June 8, * * * * * Social Security Act which are not con low • 1S hereby amended to read as fol- S e c . 6.20 Functions, (a) Except as tained in the Act but which are con provided in Part 2 (Office of the Secre tained in the Acts cited in Exhibit X8.00.1. P a r t 6— O f f ic e o f E d u c a t io n tary) and section 6.30 of this part (Res ervation of Authority), the Commis (3) The functions vested in the Secre ?-00 Mission. The Office of Ed sioner of Education shall exercise the tary by section 5(k) (2) of the Railroad fpsci/î!*? responsible for providing pr functions vested in or delegated to the Retirement Act as amended (45 U.S.C. strenJlvi an<* financial assistance Secretary, the Department of Health, 228e), having to do with the determina Sta£??en educafcion in the Uniti Education, and Welfare, the Commis tion and certification for the transfer andtere g u V tS danCe * * Federal £ sioner, or the Office of Education by or of funds between the Federal Old-Age under the following; and Survivors Insurance Trust Fund, the o f b S;,?;1«.? ° rdenization (a) The Offi ***** Federal Disability Insurance Trust Fund, vLion a ^ ? ’ wbich is under the supe the Federal Hospital Insurance Trust of EducaH direction of the Commission (30) M an pow er Development and Fund, and the Railroad Retirement Education, consists of the following: Training Act of 1962 except that respon Account. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4368 NOTICES (4) Authority vested in the Secretary (b) Authority conferred by sections he shall exercise such authority only by letter dated September 1, 1960, to the 218(j), 706, 1813(b)(2), 1839(b)(2), 1867 after (1) such agency, organization, or Secretary of the Treasury from the Di and 1868 of the Social Security Act, as carrier has been given an opportunity rector, Bureau of the Budget, authoriz amended, shall be exercised only by the to request (within such time as is pro ing the carrying out of programs under Secretary. vided for by regulations) the Secretary section 104 (k) of the Agricultural Trade (c) Authority to terminate agreements to review the Commissioner’s conclusions Development and Assistance Act of 1954, with States entered into pursuant to sec and findings and, where such request is as amended, insofar as this authority tion 1864 of the Social Security Act, as made (2) the Secretary has declined to pertains to the Mission of the Social amended, shall be exercised only by the review or has concurred in the Commis Security Administration as described in Secretary. sioner’s proposal to terminate such section 8.00 of this statement: Provided, Sec. 8.40 Redelegation of Authority. agreement (contract). That this authority shall be exercised Authority contained in paragraph (Sec. 6, R e o rg a n iza tio n P la n N o. 1 o f 1953) in accordance with applicable policies 8.20(a) of this statement may be redel and procedures established by appropri egated by the Commissioner to such Approved: March 14, 1967. ate authorities to ensure consistency officers and employees of the Social Se [ s e a l ] W il b u r J. C o h e n , with basic foreign policy and with re curity Administration as he may deem Acting Secretary. appropriate, except that: lated Federal programs. [P.R. Doc. 67-3129; Filed, Mar. 21, 1967; (5) Authority vested in the Secretary (a) Authority contained in paragraph 8:49 a.m .] by section 4 of Public Law 86-610, ap 8.20(a) (3) of this statement may be re proved July 12, 1960 (74 Stat. 364), with delegated only to the Deputy Commis respect to responsibilities relating to the sioner of Social Security. Mission of the Social Security Adminis (b) Agreements and modifications of tration as described in secton 8.00 of this agreements under sections 218, 221(b), DEPARTMENT OF HOUSING statement : Provided, That this authority 1816(a), 1842(a), 1843(a), 1864(a), shall be exercised in accordance with ap 1866(a), or 1874 of the Social Security AND URDAN DEVELOPMENT plicable policies and procedures by ap Act, as amended, shall be reviewed by ACTING REGIONAL COUNSEL, propriate authorities to ensure consist the Office of the General Counsel for REGION III (ATLANTA) ency with basic foreign policy and with legal form and substance. related Federal Programs. (c) Authority conferred by section Designation (b) In accordance with applicable 218(g) (2) of the Social Security Act, as The officers appointed to the following rules and regulations, the Appeals Coun amended, shall be exercised only by the listed positions in Region II I (Atlanta) cil, its members, and Hearing Examiners Commissioner and the Deputy Commis are hereby designated to serve as Acting in the Bureau of Hearings and Appeals, sioner of Social Security. Notwithstand Regional Counsel, Region III, during the shall exercise all duties, powers, and ing such limitation, the Commissioner absence of the Regional Counsel, with functions of the Secretary relating to the may redelegate the authority to termi holding of hearings, the administration nate an agreement with respect to one all the powers, functions, and duties re delegated or assigned to the Regional of oaths and affirmations, the issuance or more coverage groups in any case Counsel: Provided, That no officer is of subpoenas, the examination of wit where a State waives the required notice authorized to serve as Acting Regional nesses, the receipt of evidence, the rendi and hearing provided in section Counsel unless all other officers whose tion of decisions, and the review of deci 218(g) (2) of the Act, as amended, and sions in connection with administrative consents to the removal of a group or titles precede his in this designation are appeals: (1) By individuals from deter groups from the agreement because the unable to serve by reason of absence: minations made under Title II of the group (s) is dissolved, or is no longer 1. Assistant Regional Counsel for Social Security Act, as amended, and a f legally able to function although not Metropolitan Development. fecting their rights to benefits, lump sum legally dissolved. 2. Assistant Regional Counsel for payments, earnings credited to accounts, (d) Authority conferred by section Housing Assistance. and disability determinations; (2) by 218 (s) of the Social Security Act, as (Authority delegated effective May 4, 1962, individuals from determinations made amended, shall be exercised only by the 27 F .R . 4319, M ay 4,1962; D ep t. In terim Order under Title X V III of the Social Security Commissioner of Social Security. Not I I , 31 F .R . 815, Jan. 21, 1966) Act and affecting their rights to, and withstanding such limitation, the Com Effective as of the 22d day of March amounts of, benefits; and (3) by institu missioner may redelegate the authority 1967. tions or agencies from determinations to grant, upon application by a State E d w a r d H. B a x t e r , described in section 1869(c) of the Social and for “ good cause” shown, extensions Regional Administrator, Security Act. of the time allowed for filing additional Region III. (c) The functions, powers, and duties information or argument in connection with a request for review filed pursuant [F.R. Doc. 67-3099; Filed, Mar. 21, 1967; of the Bureau of Federal Credit Unions 8:46 a jn .] under the Federal Credit Union Act, as to section 218 (s). amended (Public Law 86—354; 12 U.S.C. (e) Authority conferred by section 1751-1772), shall be exercised by the Di 1866(d) of the Social Security Act, as ACTING ASSISTANT REGIONAL AD rector of the Bureau of Federal Credit amended, to withhold payment for in MINISTRATOR FOR PROGRAM CO patient hospital services or for posthos Unions under the general direction and ORDINATION AND SERVICES, RE supervision of the Commissioner of pital extended care services for failure to Social Security. make timely utilization reviews, shall be GION III (ATLANTA) exercised only by the Commissioner and S e c . 8.30 Limitations on authority. Designation (a) The Secretary shall serve as a mem Deputy Commissioner of Social Security. ber of the Board of Trustees of the (1) (f) Authority conferred by sections The officers appointed to the follow- Federal Old-Age and Survivors Insur 1816(b) and 1842(b)(2) of the Social ig listed positions in Region u ance Trust Fund, (2) Federal Disability Security Act, as amended, where the de \tlanta) are hereby designated to serve Insurance Trust Fund, (3) Federal Hos termination is that an agency, organiza 3 Acting Assistant Regional Admmis- •ator for Program Coordination ana pital Insurance Trust Fund, and (4) tion, or carrier will be unable to carry Federal Supplementary Medical Insur out the terms of an agreement (con ervices, Region III, during the absence ance Trust Fund. During the absence of tract), shall be exercised only by the E the Assistant Regional Administrai the Secretary, the Under Secretary or the Commissioner of Social Security. >r Program Coordination and Services, Assistant Secretary for Legislation shall (g) Authority conferred by sections 1th all the powers, functions, a serve. During the absence or disability 1816(e) (2) and 1842(b) (4) to terminate uties redelegated or assigned to tne of the Secretary and the Under Secre an agreement (contract) with an stant Regional Administrator for tary, and Assistant Secretary for Legis agency, organization, or carrier shall be ram Coordination and Services. ided, That no officer is authorized to lation, the Commissioner of Social exercised only by the Commissioner of Security shall represent the Secretary. Social Security: Provided further, That »rve as Acting Assistant Regions FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4369 ministrator for Program Coordination of streams tributary thereto. The hear either by mail or telephone (609-883- and Services unless all other officers ing will be held in the auditorium of the 9500) not later than 5 p.m. on March 28. whose titles precede his in this designa East Stroudsburg Area Joint High Written statements from those who can tion are unable to serve by reason of School, North Courtland Street, East not attend will be made a part of the absence: Stroudsburg, Pa., beginning at 9:30 a.m. record if mailed or delivered before the 1. Director, Planning Branch. The hearing will be held for the pur hearing is adjourned: 2. Director, Economic and Market poses required by Articles 5 and 13 of the Analysis Branch. Delaware River Basin Compact and sec W . B r i n t o n W h i t a l l , 3. Director, Relocation Branch. tion 10 of the Federal Water Pollution Secretary. 4. Director, Workable Programs Control Act, as amended (P.L. 89-753). M a r c h 14, 1967. Branch. For the purposes of the Federal Water W ater Qu ality Standards for the (A u th ority d elegated effe ctive M a y 4,. 1962, Pollution Control Act, as amended, the Delaware R iver B asin 27 F.R. 4319, M a y 4, 1962; D ep t. In te rim Commission will conduct the hearing for article i Order II, 31 F.R . 815, Jan. 21, 1966) itself and on behalf of the New Jersey Basinwide Effective as of the 22d day of March Department of Health. 1967. The proposed standards would replace Water uses: existing interstate water quality stand Uses param ount. Water uses shall be E d w a r d H . B a x t e r , paramount in determining stream quality Regional Administrator, ards relating to Zone 1 which appear in Addendum No. 1, section VII, of the Com objectives which, in turn, shall be the basis Region III. for determining effluent quality require prehensive Plan, and also would replace m ents. [F.R. Doc. 67-3100; F ile d > M a r . 21, 1967; section X II (Primary Treatment) as 8:46 a.m .] Uses to be protected. The quality of Basin added to the Comprehensive Plan by waters shall be maintained in a safe and Resolution No. 65-3. satisfactory condition for the following uses: Article I of the attached standards (a) agricultural, industrial, and public wa would apply to all streams in Delaware ter supplies after reasonable treatment, ex ATOMIC ENERGY COMMISSION River Basin. Article II would apply only cept where natural salinity precludes such uses; (b) wildlife, fish and other aquatic [Docket No. 50-255] to Interstate Waters. The hearing will include: life; (c) recreation; (d) navigation; (e) con CONSUMERS POWER CO. trolled and regulated waste assimilation in 1. Interstate watersr. reasonable compatability with other uses; (PALISADES PLANT) Main stem of the interstate Delaware River and (f) such other uses as may be provided by the Comprehensive Plan. Notice of Issuance of Provisional from Hancock, N.Y., to Trenton, N.J. East and West Branches Delaware River Stream quality objectives: Construction Permit and their tributaries in New York and Lim its. The waters of the Basin shall not contain substances attributable to munic Please take notice that, pursuant to Pennsylvania. Sand Pond Creek and its tributaries in ipal, industrial, or other discharges in con the initial decision of the Atomic Safety Pennsylvania and New York. centrations or amounts sufficient to preclude and Licensing Board, dated March 13, Neversink River-Clove Brook in New Jersey the specified water uses to be protected. 1967, the Director of the Division of Re and New York. W ithin this requirement, the waters shall be actor Licensing has issued Provisional Brandywine, Red Clay and White Clay substantially free from unsightly or malodor Construction Permit No. CPPR-25 to Creeks and their tributaries in Pennsylvania ous nuisances due to floating solids, sludge Consumers Power Co. for the construc and Delaware. deposits, debris, oil, scum, substances in con Christina River and its tributaries in Penn centrations or combinations which are toxic tion of a pressurized water reactor, de or harmful to human, animal, plant, or aqua signed to operate initially at power levels sylvania, Delaware and Maryland. Naaman Creek in Pennsylvania and Dela tic life, or that produce color, taste, odor, up to 2,200 megawatts (thermal) and ware. or taint fish or shellfish flesh. Lim iting con designated as the Palisades Plant, to be centrations of arsenic, barium, cadmium, located at the company’s site in Covert 2. State of New York. All streams chromium, cyanide, fluoride, lead, selenium, Township, Van Buren County, Mich., ap that drain directly or indirectly into the and silver shall not exceed the values given proximately 4x/2 miles south of South Delaware River, including (for example) for rejection of drinking water supplies in Haven, Mich. the Mongaup and Neversink Rivers and the USPHS Drinking Water Standards. their tributaries. Effluent quality requirements: A copy of the initial decision is on file Minimum treatment. Wastes shall receive m the Commission’s Public Document 3. State of New Jersey. All streams a minimum of secondary treatment except Room, 1717 H Street NW., Washington, that drain directly or indirectly into the where provided otherwise by the Commis Delaware River, Estuary or Bay, includ sion. ing (for example) Paulins Kill, Pequest, Disinfection. Wastes (exclusive of storm Dated at Bethesda, Md., this 14th day water bypass) containing human excreta of March 1967. Pohatcong, and Musconetcong Rivers and their tributaries; Assunpink, Cross shall be effectively disinfected before being For the Atomic Energy Commission. wicks, Rancocas, and Alloways Creeks discharged into surface bodies of water. Public safety. Effluents shall not create a and their tributaries; Cooper, Cohansey, menace to public health or safety at the P e t e r A . M o r r is , and Maurice Rivers and their tributaries. Director, point of discharge. Division of Reactor Licensing. 4. Commonwealth of Pennsylvania. Lim its. Discharges shall not contain more All streams that drain directly or in than negligible amounts of debris, oil, scum IF.R. Doc. 67-3081; Filed, Mar. 2 1 , 1967; directly into the Delaware River or Estu or other floating materials, suspended mat 8:45 a.m .] ary, including (for example) Lacka- ter which will settle to form sludge, toxic waxen, Lehigh, and Schuylkill Rivers and substances or substances that produce color, taste, odor, or taint fish or shellfish flesh. their tributaries; Equinunk, Brodhead, Other considerations: Neshaminy, Darby, and Chester Creeks DELAWARE RIVER BASIN and their tributaries. Combined sewers. Any new facility or 5. State of Delaware. All streams project combining sanitary or industrial COMMISSION that drain directly or indirectly into the waste with stormwater drainage which would Delaware River Estuary or Bay, includ have a substantial effect on the quality of WATER QUALITY STANDARD! ing (for example) Smyrna, St. Jones, waters of the Basin shall not be permitted, Notice of Public Hearing Murderkill, and Mispillion Rivers and whether or not any such project or facility their tributaries; Broadkill Creek and its discharges into an existing combined system. ls hereby given that the I tributaries. Access and reports. The Commission, or Diihw,?*. ? asin Comuüssion will h< Any individual or organization may be its duly authorized representatives, shall have 1967 n «earing on Thursday, Marcl heard regardless of any previous hearing access, at reasonable hours, to observe and ards fo r water duality sti in the States of New York, New Jersey, inspect waste treatment facilities and to ware waters in the r Pennsylvania, or Delaware. Those wish collect samples for analyses. Upon written ware 5 fver Basin exclusive of the E ing to testify are requested to regis request, operation reports shall be submitted e River Estuary and the tidal sect ter with the Secretary to the Commission to the Commission. No. 55------5 FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4370 NOTICES the East Branch Christina River extending Zones. The Delaware River and Bay and the West Branch Delaware River; all of Cat from its source in Pennsylvania to its mouth their tributaries may be divided into zones Hollow Brook extending from its source in on the Christina River in Delaware at R.M. which will facilitate the management of sur New York to its mouth in Pennsylvania at face and underground water quality. The R.M . 1.05 on Sand P o n d C reek; a ll o f S her 30.2. required percentage reduction of biochem man Creek in Pennsylvania extending from C3. That part of White Clay Creek extend ical oxygen demand of all wastes will be its source to its mouth at R.M. 1.8 on Sand ing from the confluence of the East and West Branches of White Clay Creek in Pennsyl uniform within zones. Pond Creek; all of an unnamed tributary of Streamflow. Numerical stream quality Sherman Creek extending from its source va n ia a t R.M . 15.9 to R .M . 14.7 at th e Pen n objectives are based on minimum 7-day flow in New York to its mouth in Pennsylvania at' sylvania-Delaware State line and all of the w ith a 10 -year recurrence interval. R.M. 1.6 on Sherman Creek; and all of Star East Branch White Clay Creek extending from its source to its mouth on White Clay Definitions: , board Creek extending from its source in Biochemical oxygen demand. B ioch em Lake Oquaga in New York to its mouth in C reek a t R .M . 15.9. ical oxygen demand as determined under P e n n sylvan ia at R .M . 2.01 on Sand P o n d C4. That part of White Clay Creek extend standard laboratory procedures for 5 days Creek. in g fro m R .M . 14.7 a t th e Pennsylvan ia- Delaware Stato line to its mouth on the a t 20° C. N l. That part of the Neversink River ex Carbonaceous oxygen demand. That part tending from R.M. 0.5 at its confluence with Christina River in Delaware at R.M. 10.0. of the ultimate oxygen demand associated Clove Brook to its mouth on the Delaware C5. That part of Red Clay Creek extending with biochemical oxidation of carbonaceous, R iv e r at R .M . 253.64. from the confluence of the East and West as distinct from nitrogenous, material. N2. All of Clove Brook extending from its Branches of Red Clay Creek in Pennsylvania Effective disinfection. The destruction of source in Steeny Kill Lake in New Jersey a t R .M . 13.4 to R .M . 12.6 a t th e Pennsylvania- pathogenic organisms in such manner and to its mouth in New York at R.M. 0.5 on the Delaware State line and all of West Branch under such controls as shall be prescribed by Neversink River; all of an unnamed trib Red Clay Creek extending from its source Commission regulations. utary of Clove Brook extending from its to its mouth on Red Clay Creek at R.M. Secondary treatment. The removal of source in New York to its mouth in New 13.4. practically all suspended solids and the re Jersey at R.M. 1.0 on Clove Brook; and all C6. That part of Red Clay Creek extending duction of the biochemical oxygen demand of an unnamed tributary to the above un from R.M. 12.6 at the Pennsylvania-Delaware by at least 85 percent. named tributary of Clove Brook extending State line to its mouth on White Clay Creek River mile. The distance, in statute miles, from its source in New York to its mouth in in D elaw are at R .M . 2.6. of a location or item measured from “mile New Jersey at R.M. 0.7 on the unnamed trib C7. That part of Brandywine Creek ex zero.” ? utary of Clove Brook. tending from the confluence of the East and Delaware Bay and River. Mile zero is lo C l. That part of the Christina River ex West Branches of Brandywine Creek in Penn cated at the intersection of the centerline of tending from its source in Pennsylvania to sylvania at R.M. 20.0 to the head of tide at the navigation channel and a line between the head of tide at R.M. 16.3 at the outlet RM . 2.0 at the Market Street Bridge in Wil the Cape May Light and the tip of Cape Of Smalley’s Pond in Delaware. mington, Delaware, and all of West Branch Henlopen. Distances from mile zero are C2. All of the West Branch Christina River Brandywine Creek extending from its source measured essentially along the centerline of extending from its source in Maryland to to its mouth on Brandywine Creek at R.M. the navigation channel up to the Trenton- its mouth on the Christina River in Dela 20.0. Morrisville Toll Bridge (R.M. 133.4) and ware at R.M. 25.7; all of Persimmon Run C8. All of Naaman Creek extending from above that point along the State boundary extending from its source in Maryland to its source in Pennsylvania to its mouth on line as shown on published quadrangle maps its mouth on the West Branch Christina the Delaware River in Delaware at R.M. 77.65. of the U.S. Geological Survey. River in Delaware at R.M. 0.8; and all of Tributaries. Mile zero is located at the Su m m a r y of P r »posed Stan d ard s intersection of the centerline of the trib utary and a line joining the opposite banks Effluent at its mouth. Distances from mile zero are quality Zone Water uses Stream quality objectives measured along the centerline of the require ments trib u ta ry. ARTICLE I I (4) (1) (2) (3) Interstate Streams—Nontidal Al, Bl, Cl, D, E,F-.-. A Zones .* 1A Delaware River, Hancock to Narrowsburg. .. ---- ABCDF— ABDEF.a . A2, B3, C l, D, E, F —... A IA. That part of the Delaware River ex IB Delaware River, Narrowsburg to Port Jervis...... A Delaware River, Port Jervis to Tocks Island----- ABDEF— A2, B3, C l, D, E, F ...... tending from the confluence of the East 1C A2, B3, C l, D, E, F ..... A ID Delaware River, Tocks Island to Easton— ------ABDEF ___ and West Branches of the Delaware River ABDEF.__ A2, B4, Cl, D, Er F, H. A IE Delaware River, Easton to Trenton------— ...... A at Hancock, N.Y., R.M. (River Mile) 330.7, to East Branch Delaware River...... ABCF _____ A l, B l, Cl, D, E, F ---- E ABCF ...... Al, Bl, Cl, D ,E ,F ---- A the U.S. Route 106 bridge at Narrowsburg, Wl West Branch Delaware River...... — Sand Pond Creek, Cat Hollow Brook, Sherman ABCF ...... A l, B l, C1,D, E ,F ---- A ty Y ., R .M . 289.9. W2 Creek, Starboard Creek. A IB. That part of the Delaware River ex Neversink River, R.M. 0.0 to 0.5------a b f _.__.__: A2, B3, C2, D, E, F ---- N l ABCF—-: A l, Bl, C2, D, E, F_._. A tending from the U.S. Route 106 bridge at N2 Clove Brook and its interstate tributaries-...... A Christina River above Smalley’s Pond------... ABF.__ — A2, B4, C l. D, E , F .... N arrow sb urg, N .Y ., R.M . 289.9, to th e U.S. Cl A2,B4, C l, D, E, F — A C2 East and West BranchesChristina River, Persim ABF ...... - R o u tes 6 and 209 bridge at Port Jervis, N.Y., mon Run. . . . ABCF.—- A l, B l, C l, D, E, F — A R .M . 254.75. * C3 White Clay Creek in Pennsylvania and East IC. That part of the Delaware River ex Branch White Clay Creek. A B F ...... _r_: A2, B4, C l, D, E, F .— A C4 White Clay Creek in Delaware...... A te n d in g fro m th e U.S. R o u tes 6 and 209 b rid ge Red Clay Creek in Pennsylvania and West ABCF _____ A l, B l, C l, D, E, F — a t P o rt Jervis, N .Y ., R .M . 254.75, to T o ck s C5 Branch Red Clay Creek. A Island Dam, R.M. 217.0 (proposed axis of Red Clay Creek in Delaware------ABF ...... A2, B4, Cl, D ,E ,F — C6 ABDF—— A2, B 2, Cl, D, E, F, G A d a m ). C7 Brandywine Creek and West Branch Brandy wine Creek. ID. That part of the Delawarte River ex A2, B4, Cl, D, E, F — - A C Naaman Creek—.. ------ABF... ___ tending from Tocks Island Dam, R.M. 217.0 8 (p rop osed axis o f d a m ), to R .M . 185.0, above below 70° F.; natural temperature will prevail Easton, Pa. Classification Footnotes IE. That part of the Delaware River 'ex ab ove 70° P . ! - W ater uses: 2. Not to exceed 5° F. rise above naturai te n d in g fro m R M . 185.0, above Easton, Pa., A. Agricultural, industrial, and public temperature or a maximum of 85° F.. when to the head of tidewater at Trenton, N.J., water supplies after reasonable treatment. ever is less. , „„turn i R.M . 133.4 ( T re n to n -M o rris v ille T o ll B r id g e ). B. Wildlife, maintenance and propagation 3. Not to exceed 5° F. rise above naturar All of the East Branch Delaware River E. of resident game fish and other aquatic life. temperature or a maximum of 87° P.» w i extending from its source in the town of C. Maintenance and propagation of trout. Roxbury, Delaware County, N.Y., to its mouth ever is less. — , -«¿ «.«d D. Spawning and nursery habitat for 4. Not to excèed 5° F. rise above n& a t H ancock, N .Y ., a t R .M . 330.7 on th e anadrom ous fish. temperature or a maximum of 93® w Delaware River. ' E. Passage of anadromous fish. ever is less. * W l. All of the West Branch Delaware River P. Recreation. extending from its source in the town of C. p H : Stream quality objectives: 1. B etw een 6.0 an d 8.5. Jefferson, Schoharie County, N.Y., to its A. Dissolved oxygen: 2. B etw een 6.5 an d 8.5. m o u th a t H ancock, N .Y., a t R .M . 330.71 on 1. N o t less th a n 5.0 mg/1. D. Ph en ols— n o t to exceed 0.005 mg/b the Delaware River. 2. N o t less th a n 4.0 mg/1. E. Threshold odor number—not to ex W2. All of Sand Pond Creek extending B. Temperature : 24 a t 60° C . . __ from R.M. 1.8 at the confluence of Sherman 1. Not to exceed 5° P. rise above natural F. Synthetic detergents (M.B.A.S.) Creek and Starboard Creek in Pennsylvania to its m ou th in N ew Y o rk a t R .M . 10.45 o n temperature when stream temperature, is exceed 0.5 mg/1. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4371 G. F lu orid es— n o t to exceed 1.0 mg/1. L. A. Fern Co., Inc., New York, Dated: March 17, 1967. H. A lk a lin ity — n o t less th an 20 mg/1. N.Y., and Norton & Ellis, Inc., Effluent quality requirem ents: Norfolk, Va ______FF-3293 By order of the Federal Maritime A. All discharges shall meet the effluent American Union Transport For Commission. quality requirements of Article I. The bio warding, Inc., New York, N.Y., T h o m a s L i s i , chemical oxygen demand shall be reduced at and Waters Shipping Co., Wil all times by at least 85 percent. The carbo m in gto n , N .C ______F F —3294 Secretary. naceous oxygen demand from any outfalls [F .R . Doc. 67-3142; F iled , M ar. 21, 1967; (exclusive of stormwater bypass) shall not N o t ic e o f A g r e e m e n t S u b j e c t t o 8:50 a.m .] exceed such amounts as may be assigned by C ancellation the Com m ission. [F.R. Doc. 67-3084; F iled , M ar. 21, 1967; Notice is hereby given that the follow 8:45 a.m .] ing independent ocean freight forwarder FEDERAL COMMUNICATIONS cooperative working agreements ap proved by the Commission pursuant to section 15 of the Shipping Act, 1916, as COMMISSION FEDERAL MARITIME COMMISSION amended (39 Stat. 733, 75 Stat. 763, 46 [FCC 67-331] U.S.C. 814) is scheduled for cancella T. J. HANSON, INC, ET AL tion inasmuch as in accordance with the STANDARD BROADCAST STATIONS Notice of Agreements Filed for terms therein the parties to the agree Operating Hours Approval and Cancellation ment have requested in writing that the agreement be terminated. M a r c h 17, 1967. Notice is hereby given that the follow George M. Leininger Co., Inc., New The Commission is receiving a con ing freight forwarder cooperative work Orleans, La., and Presto Shipping siderable number of inquiries from AM ing agreements have been filed with the Agency,, In c., N ew Y o rk , N .Y ______FF-1636 broadcast stations concerning the enact Commission for approval pursuant to Dated: March 17, 1967. ment of the Uniform Time Act of 1966 section 15 of the Shipping Act, 1916, as and its effect on their hours of operation. amended (39 Stat. 733, 75 Stat. 763, 46 T h o m a s L i s i , As in the past, the operation of AM U.S.C. 814). Secretary. broadcast stations will, as expressly pro Interested parties may inspect and ob vided in their licenses, be geared to local tain a copy of the agreements at the [F .R . Doc. 67-3141; F iled , M ar. 21, 1967; 8:50 a.m .] standard time throughout the year. Washington office of the Federal Mari time Commission, 1321 H. Street NW., The Uniform Time Act (Public Law 89-387, approved April 13, 1966) speci Room 609. Comments with reference to an agreement including a request for PORT OF SEATTLE AND OLYMPIC fies 2 a.m. on the last Sunday in April hearing, if desired, may be submitted to STEAMSHIP CO. through 2 a.m. on the last Sunday of the Secretary, Federal Maritime Com October as the period for the observance mission, Washington, D.C. 20573, within Notice of Agreement Filed for of daylight saving time within those 20 days after publication of this notice Approval jurisdictions electing to adopt it. How ever, as noted in the accompanying Com in the F e d e r a l R e g is t e r . A copy of any such statement or request for a hearing Notice is hereby given that the fol mittee Report (Rept. No. 268 on S. 1404, should also be forwarded to each of the lowing Agreement has been filed with 89th Cong., 1st sess.), the new legislation parties to the agreement (as indicated the Commission for approval pursuant to is not intended to affect operating hours hereinafter), and the comments should section 15 of the Shipping Act, 1916, as of AM broadcast stations. indicate that this has been done. amended (39 Stat. 733, 75 Stat. 763, 46 By way of explanation, skywave inter U.S.C. 814). Unless otherwise indicated, these ference problems occurring at night and agreements are nonexclusive, coopera Interested parties may inspect and ob during transitional hours are a function tive working agreements under which tain a copy of the agreement at the of the degree of light or darkness along the parties may perform freight for Washington office of the Federal Mari transmission paths. Hence, the Com warding services for each other. For time Commission, 1321 H Street NW., mission’s calculations of sunrise and sun warding and service fees are to be agreed Room 609; or may inspect agreements set times must reflect actual “sun time” upon on each transaction. Ocean freight at the offices of the District Managers, averages at given locations for each compensation is to be divided as agreed New York, N.Y., New Orleans, La., and month of the year. For convenience, between the parties. San Francisco, Calif. Comments with “ sun time” is expressed in local standard T. J. Hanson, Inc., Beaumont, Tex., reference to an agreement including a time. Since “sun time” is not influenced and J. W. Allen & Co., Inc., New request for hearing, if desired, may be by arbitrary clock settings, the local or Orleans, L a ______FF-3282 submitted to the Secretary, Federal statewide adoption of daylight saving Norman G. Jensen, Inc., Minne Maritime Commission, Washington, D.C. time cannot serve to change prescribed apolis, Minn., and Norton & Ellis, 20573, within 10 days after publication hours of sign-on, sign-off, or shifts in Inc., N orfolk, V a ______FF-3283 of this notice in the F e d e r a l R e g is t e r . modes of operation as set forth in license R^hner, Gehrig & Co., inc., New A copy of any such statement should also documents issued by the Commission. York, N.Y., and Admiral Shipping be forwarded to the party filing the The Commission is aware that the lis Corp., Houston, T e x ______FF-3284 hep Transport, Inc., N ew Y o rk , N.Y." agreement (as indicated hereinafter), tening habits of communities are affected and V. G. Nahrgang Co., Detroit, and the comments should indicate that by the adoption of daylight saving time, FF-3285 this has been done. often to the detriment of daytime-only J- T. Steeb & Co., Inc., Portland, Notice of agreement filed for approval stations attempting to reach the early r®g., and Evans International, by New Y ork, N .Y ______morning audience. As indicated above, FF-3286 however, this cannot be properly taken ^'orwai'h ing o f M ilw auk ee, Mr. T. P. McCutchan, Post Office Box 1209, Milwaukee, Wis., and Norton & S eattle, W ash. 98111. into account by the Commission for ßUis, Inc., N orfolk , V a FF-3287 standard broadcast allocation purposes. S‘ Connor’ Inc., Baltimore, Agreement No. T-2026 between the By the same token, existing presunrise Port of Seattle (Port) and Olympic operating privileges and share time ar S Æ ?_!“ PP_‘^ °°-toc- F F —3289 Steamship Co. (Olympic) provides for rangements remain unaffected by the Shipping Co., Wilm ing- the lease of a transit shed on Pier 25, and new legislation. 8110 Heemsoth-Kerner V°rp., N ew York, N Y preferential use of the South Dock apron Adopted: March 15,1967. FF-3290 at a fixed monthly rental. Port reserves Yorekr,NGYhrig/ P °" ¿"cTN ew sVl ™ Y - and Charleston Over- the right to assign the dock apron and F e d e r a l C ommunications seas fo rw a rd e rs , In c., C harles- berth area for other users provided such C o m m i s s io n , F F —3291 use does not unreasonably interfere with [ s e a l ] B e n F . W a p l e , Ämerican ¿xpress'"côi,'N w "Ÿork". Olympic’s operations. Port will collect Secretary. Pins w ®rieve & M ^hel Ship- Pmg, inc.. New Orleans, La dockage fees from all vessels using the [F .R . Doc. 67-3134; F iled , M ar. 21, 1967; FF-3292 berth. 8:49 a jn .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4372 NOTICES [Canadian Change List 223] 4. Counsel for the Broadcast Bureau will also participate to insure that the CANADIAN BROADCAST STATIONS record, as supplemented, is complete. At List of Changes, Proposed Changes, and Corrections in Assignments t-his posture, we think it appropriate that the Department of Justice and Bureau M a r c h 3, 1967. counsel proceed initially with the intro Notification under the provision of Part HE, section 2 of the North American duction of evidence on the issues. After Regional Broadcasting Agreement. . ■ . , . _ „ „ such evidence has been adduced, the List of changes, proposed changes and corrections in assignment of Canadian burden will be upon the applicants to broadcast stations modifying appendix containing assignments of Canadian proceed; the ultimate burden of proof stations (Mimeograph No. 47214-3) attached to the recommendation of the North on the applications remains, of course, American Regional Broadcasting Agreement Engineering Meeting. on the applicants. The Department and Bureau counsel will be afforded appro Sched Expected date of priate opportunity for rebuttal. Location Power kw .. Antenna ule Class commencement Call letters of operation 5. The public interest requires that the supplemental proceeding be conducted as expeditiously as possible without prej 680 kilocycles II E.I.O. 8-1-67. udice to the compilation of a full record. C H F I (change in Toronto, Ontario------1 kwD/10kwN.. DA-2 U daytime pattern). This important matter has been before 680 kilocycles . E.I.O. 3-1-68. us for a considerable period of time and C H F I (increase Toronto, Ontario______1 kwD/25kwN.. DA-2 U " H nighttime power). has been the subject of a final decision. 1150 kilocycles III E.I.O. 3-1-68. The present posture of this proceeding New (change in site Ottawa, Ontario...... 10 kwD/5 kw N — DA-2 U and mode of oper is highly unsettling and affects planning ation from that in the vital national network area of the notified in list broadcasting industry. Considering the No. 172). 1230 kilocycles history of this matter before the Com IV C F L K (now in Kapuskasing, Ontario... 0.10 kw______ND U mission, the policy implications of the operation). ISiO kilocycles issues, and, particularly, the public in Wabush, Labrador- 0.25 kw______ND U IV E.I.O. 3-1-68. terest in a prompt settlement of the N ewfoundland. 1510 kilocycles present uncertainty, we think that ex II E.I.O. 8-1-67. N ew (change in Sherbrooke, Quebec...... 10 kw ______DA-2 pedition is required. Accordingly, the nighttime pattern Commission finds that due and timely from that notified in list No. 215). execution of its functions in this matter imperatively and unavoidably requires F e d e r a l C ommunications C o m m i s s io n , that the Examiner certify the record as supplemented, upon its closing, imme [ s e a l ] B e n F . W a p l e , Secretary. diately to the Commission for final [F.R. Doc. 67-3135; Filed, Mar. 21,1967; 8:49 a.m.] decision. Pursuant to the February 1, order, the Department and the appli cants have already exchanged and filed [D o c k e t N o. 16828; FC C 67-342] quest by Gerald Gottlieb for leave to with the Commission copies of the ex appear as amicus curiae; oppositions of hibits and documentary evidence upon AMERICAN BROADCASTING ABC and IT T to the ACLU and Gottlieb which they intend to rely and have iden COMPANIES, INC. pleadings; and the entire record herein. tified, and summarized the testimony of, The pertinent background and proce witnesses they are prepared to call. Further Order on Petition for Recon dural posture of the proceeding are set Thus, no extensive prehearing procedure sideration Designating Matter for forth in the order of February 1, 1967 or further period of preparation for the Hearing (FCC 67-165). supplementary hearing is necessary. We 2. Both in the decision of December also direct the Examiner (i) to exclude In the matter of applications by Amer irrelevant, immaterial or unduly repeti ican Broadcasting Companies, Inc.; For 21, 1966, and in the order of February 1, 1967, the Commission stressed the im tious evidence, and (ii) to limit examina assignment of licenses of stations; tion or cross-examination of witnesses, WABC, WABC-FM, WABC-TV, New portance of this proceeding and its desire to secure all possible assistance and in where he deems that the matter is York, N.Y., WLS-FM, WBKB, Chicago, carried beyond any useful purpose. Ex 111., KGO, KGO-FM, KGO-TV, San formation in resolving the issues. We particularly emphasized our desire to pedition also requires that the parties Francisco, Calif., KABC, KABC-FM, adhere to the prescribed time schedules KABC-TV, Los Angeles, Calif. ;for trans know and consider what evidence the De partment of Justice has relating to this for the conduct of the hearing and the fer of control of stations: WLS, Chicago, filing of pleadings. These instructions 111., KQV and KQV-FM, Pittsburgh, Pa., matter, and therefore provided an op WXYZ, WXYZ-FM, WXYZ-TV, Detroit, portunity for disclosure of the Depart will facilitate expedition in the hearing Mich.; and for assignments and trans ment’s evidence prior to ruling on its process, without in any way derogating petition for reconsideration. fer of ancillary radio facilities; Docket from the full record we seek. No. 16828. 3. In line with our February 1, 1967, 6. We will by this order schedule a order, we shall afford the Department the 1. The Commission has before it for prehearing conference on March 23, consideration: The petition of the De opportunity to adduce evidence on the matters specified in its filings. Such evi 1967, and the hearing will commence partment of Justice for reconsideration on March 27, 1967, with a daily tran of the memorandum opinion and order dence will be adduced under broad issues to insure a full record (see par. 8(ii) (FCC 66-1186) issued on December 21, script delivered to each Commissioner. within), but we emphasize that the spe 1966, in this proceeding; the opposition The parties may file proposed findings o of ABC and-ITT to the petition for re cific matters at issue have been very sub fact and conclusions of law within stantially narrowed by the filings of the consideration; the reply by the Depart Department and the applicants in re business days after the date tha ment to the opposition; the material filed sponse to the February 1, 1967, order. record is closed. Oral argument will oe by the Department and the applicants The existing record, including all of the held 15 days (or as soon thereafter a pursuant to the Commission’s order on evidence, statements and material filed petition for reconsideration (FCC 67- possible) after the date the ref ord ... pursuant to our order of February 1, closed. Thereafter, the Commission w 175) issued on February 1, 1967; a peti 1967, will, of course, be incorporated with tion for reconsideration and leave to in promptly issue a decision determining the record of the further hearing. It will tervene filed on February 2, 1967, by the thus not be necessary for any of the whether the memorandum opin1^ American Civil Liberties Union, Inc. parties to repeat any presentation pre order of December 21,1966, should be (A C LU ); a corrected petition of the firmed, modified or set aside. e ACLU filed on February 20, 1967; a re viously made to the Commission. ' FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4373 that determination we will stay the ef issues shall then be upon the applicants, with seven other mutually exclusive ap- fectiveness of the memorandum opinion with the Department and Bureau counsel plications.2 and order. thereafter given appropriate opportunity 2. WGN requested the Review Board 7. The ACLU petition for reconsidera for rebuttal; and that the ultimate bur- to add a financial issue to permit com- tion and leave to intervene will be de den of proof on the aplpications shall be plete inquiry into all aspects of Radio nied. This petition, first filed on Feb upon the applicants. Nevada’s financial proposal after Radio ruary 2, 1967, is untimely in seeking re (vn) That upon the closing of the Nevada filed a petition to amend its ap- consideration of the December 21, 1966, supplemented record it shall be certified plication. That amendment reflects the decision, does not show good reason for immediately to the Commission for a filing of an application by Tel-America failure to participate at an earlier stage final decision affirming, modifying or Corp. (a wholly owned subsidiary oi of the proceedings, and is insufficient in setting aside the memorandum opinion Trans-America Broadcasting Corp. other respects. We have not been and order of December 21, 1966. which, in turn, is wholly owned by one shown that participation by the ACLU (viii) That the parties shall file pro- of the partners of Radio Nevada, Albert as a party would serve any useful pur posed findings of fact and conclusions John Williams) for assignment of license pose. We note that the only witness pro of law within 5 business days after the and construction permit of Station posed by the ACLU, Mr. Sidney W. date the supplemented record is closed KAIL-TV, a UHF television station in Dean, is being offered by the Department and that oral argument thereon shall be Fresno. Calif. of Justice and that the arguments of the specified by further order of the Com 3. The Review Board determined that ACLU are not materially different from mission, at a time 15 days after the date those of the Department. However, we a cash outlay of $542,656 was needed to the record is closed, or as soon ^there finance the Las Vegas and Fresno pro invite the ACLU to tender a statement after as possible. as amicus curiae within 10 days of the posals. This amount was based upon (ix) That the . petitions of the Ameri estimates submitted by Reeder and W il close of the supplemented record, includ can Civil Liberties Union, Inc., for re ing in such statement a showing how liams of $258,375 for Las Vegas and of consideration and leave to intervene and $284,281 for Fresno. To meet this re ACLU’s participation as amicus curiae the request of Gerald Gottleib for leave would serve a useful purpose. We will quirement Reeder committed $58,106, to appear as amicus curiae are denied: Williams committed $279,047, and they then rule whether such participation by Provided, however, That the American ACLU will be permitted.1 have obtained bank loans of $109,333 for Civil Liberties Union, Inc., may tender a a total of $446,486. Therefore, the 8. Accordingly, the Commission orders statement as amicus curiae within 10 this 16th day of March 1967, Board concluded that $96,170 would be days after the closing of the supple required to make up the difference be (i) That the petition of the Depart mented record, with the ruling on ac ment of Justice for stay of the Commis tween anticipated first year cash re ceptance of such tender to be made at- a quirements and funds already committed sion’s memorandum opinion and order later date. of December 21, 1966, in Docket No. to these proposals. WGN argued before 16828 is granted and the effectiveness of Released: March 16, 1967. the Board that Radio Nevada had not demonstrated the accuracy of its es that order is stayed pending further F e d e r a l C ommunications order of the Commission. timate of first year cash requirements, C o m m i s s io n ,3 its cost estimates for the first year of (ii) That the record in Docket No. s e a l e n a p l e [ ] B F . W , operation, and the availability of funds 16828 is reopened for purpose of adduc Secretary. ing supplementary evidence2 and the allegedly committed. The Board granted [F .R . Doc. 67-3136; F iled , M ar. 21, 1967; WGN’s motion in part and enlarged matter is designated for hearing before 8:49 a.m .] Chief Hearing Examiner James D. Cun the issues to determine whether the Las Vegas and the Fresno proposals may ningham, to commence at 9 a.m., March [D o c k et N o. 16110 etc.; FC C 67-318] 27, 1967, in Room 7134, New Post Office reasonably expect combined first year Building, Washington, D.C., upon the CIRCLE L, INC., ET AL. operating revenues of $96,170, and if not, following issues: whether Radio Nevada has other funds (1) To determine the benefits to the Memorandum Opinion and Order available to make up the deficiency. public interest from the proposed Enlarging Issues However, the Board refused to add a merger; financial issue concerning the other In re applications of Circle L, Inc., aspects of Radio Nevada’s proposal be *2) To determine the detriments to Reno, Nev., Docket No. 16110, File No. the public interest from the proposed cause the Board believed that the mat BP-15413; Southwestern Broadcasting ters raised by WGN were entirely merger; and Co. (K O R K ), Las Vegas, Nev., Docket (3) To determine, in light of the evi speculative and involved only minor No. 16111, File No. BP-15441; 780, Inc., details in the overall proposal. dence adduced on the above issues and Las Vegas, Nev., Docket No. 16113, File the entire record, whether the public in No. BP-16273; Albert John Williams and 4. Board Member Slone dissented to terest will be served by a grant of the ap Jack M. Reeder, doing business as Radio the limited financial issue because he felt plications. Nevada, Las Vegas, Nev., Docket No. that a substantial question was raised as That the record heretofore cor 16115, File No. BP—16524; for construc to whether the funds committed by Radio rv! + j ,this Proceeding shall be incc tion permits. Nevada would in fact be available. He questioned Reeder’s ability to provide his porated in the supplementary hearing, 1. WGN Continental Broadcasting Co., commitment of $58,106, noting that this oo+r. That the Commission’s Broa licensee of Class I-A Clear Channel would exhaust his net worth of $58,- standard broadcast station WGN in Chi ceedingreaU ^ made & Party t0 the pr cago, 111., seeks review of a Review Board 106.24. Furthermore, he noted that Reeder relies upon stocks which had a a prehearing conference w memorandum opinion and order1 which market value of $12,262.50, but which held on March 23, 1967. added a limited financial issue concern have depreciated substantially since he aurtV1R„That the Apartment of Justi ing the financial qualifications of Albert 2JJ 9°unsel shall proceed init John Williams and Jack M. Reeder, filed his financial statement. As to W il the the introduction of evidence < doing business as Radio Nevada. Radio liams, Board Member Slone pointed out with t w ’ burden of proceedii Nevada is an applicant for a construc that the Fresno application contains two the introduction of evidence on tl tion permit for a Class H -A station on separate and inconsistent balance sheets 780 - kc in Las Vegas, Nev., which was listing $248,699 of Williams’ assets, which leibWto d^ I th e r,equest o f Mr- G era ld C originally designated for hearing along such m H ^ 1Ci£ ate as am icus curiae, i are described as cash and stocks in one f ui Purpose!Pati° n W°Uld n0t serve any 8 Joint abstaining statement of Commis balance sheet and as bank and savings sioners Lee, Loevinger, and Wadsworth filed and loan accounts in the other. For this m^tarv^viS stu^ ln S the record, all d as part of original document. reason, and because Williams has sworn flcation7 co !f^ ftCe f hou ld 1)6 an id< 1 FCC 66R-501, released, as corrected, Dec. sequence a n n , , ^ the identify 22, 1966. M em b er S lon e dissented an d issued that the Fresno proposal will have first Blitted. PPlied to evidence previously a statement; Chairman Berkemeyer was absent. 8 FC C 65-630, released Ju ly 21, 1965. FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4374 NOTICES broker’s appraisal as the basis of W il the availability of expected profits from call over the Las Vegas proposal upon the commonly owned station KTYM, the total assets, Slone concluded that the liams’ refinancing his personal resi Inglewood, Calif., which profits are avail issue should be broadened so that W il dence and his mother’s apartment prop liams’ assets would be substantiated with erties. WGN then characterizes W il able to Radio Nevada, if necessary. Al liams’ assets listed under “cash and though the Board refused to consider more detail and so that the true amount expected profits of $60,000 per year from available for the Las Vegas proposal listed stocks” and “cash in banks and savings and loan accounts” as meaning K TY M because “ no evidence was sub could be ascertained. mitted to support this figure nor, was 5. WGN submits that the Board erredless since there is no further breakdown. there a specific indication that it would in adopting a limited financial issue This is especially true because of the be available to Radio Nevada.” Radio which will determine only whether Radio fluctuation in market value of any se Nevada contends that the new amend Nevada may reasonably expect combined curities included in this asset. Further more, WGN notes that, since $52,815 of ment eliminates these objections, thus first year revenues or will have avail providing an excess of financial re able additional funds of $96,170 to make $248,669 attributed to Williams is listed as an asset of Trans-America Broadcast sources. Radio Nevada requests the up the difference between anticipated Commission to affirm the action of the first year cash requirements and funds ing, a question exists as to whether this amount will actually be available to Review Board. already committed to these proposals. 10. In reply to the Bureau’s opposition, WGN argues first that Radio Nevada has finance Radio Nevada in light of W il liams’ statement that the Fresno oper WGN claims that the Board entirely ig not established the accuracy of its esti nored its specific challenges to Radio mate of first year cost requirements. A l ation “will have first call over the Radio Nevada proposal upon the total assets Nevada’s cost estimates. WGN argues though WGN concedes that the Board that no reference was made to Radio correctly combined the funds required of Williams and Trans-America, even if more than $130,000 should be needed.” Nevada’s inadequate estimate of $1,200 for both the Las Vegas and Fresno pro for professional fees, to the cost estimate posals, WGN claims that the estimated For these reasons, WGN urges the Com mission to add issues to determine of the Fresno proposal and to the avail construction and operating costs of both ability of funds from KTYM . WGN con projects for the first year contain num whether Radio Nevada has prudently estimated its cash requirements and to tends that the Board’s failure to examine erous ambiguities. WGN argues that, carefully these points as they relate to since Reeder will be deeply involved in determine whether it can reasonably rely on its proposed capital contributions Radio Nevada’s first year estimates the Las Vegas radio station and the ignores the mandate of Ultravision, Fresno UHF station, it is apparent that so that a determination can be made on whether Radio Nevada is financially supra. Turning to Radio Nevada’s op substantial transportation expenses must position, WGN points out that the finan be borne or additional personnel must be qualified to be a licensee. cial portion of Radio Nevada’s applica hired at one or both stations. WGN 8. The Broadcast Bureau opposes WGN’s application for review and sup tion, which was filed on July 10, 1964, then charges that the Board’s decision was amended by financial amendments ports the Board’s decision, since the entirely ignored the failure of Radio submitted on October 20, 1964, Novem Board has decided that WGN had not Nevada’s revised cost estimate to ex ber 3,1964, December 30, 1964, and Janu plain: (a) The deferral of certain costs justified inquiry into these matters and ary 21, 1965. After this proceeding was for professional services and (b) its re has specifically rejected WGN’s argu designated for hearing, WGN notes that liance on reduced estimates of equip ment that additional money would be petitions for leave to amend the financial ment costs. WGN argues that, since needed for staffing because of the mul portion of Radio Nevada’s application the Board has determined that an issue tiple duties of the principals. The Bu were granted on October 26, 1965 (FCC exists concerning the applicant’s finan reau urges that the Board correctly 65M-1388), November 30, 1965 (FCC cial qualifications and since the appli found that WGN’s views are based en 65M-1545), November 8, 1966 (FCC 66M- cant’s itemization of costs has been chal tirely upon speculation and that they 1499), and finally January 27,1967 (FCC lenged as inaccurate, incomplete, and question only minor details in imple 67M-144). WGN argues that these unsubstantiated, a narrow issue is in menting Radio Nevada’s overall pro amendments are each part of Radio appropriate. Applicant claims that un posal. The Bureau states that it can Nevada’s continuing attempt to bridge der Ultravision, 1 FCC 2d 544 (1965), a find no justification for substituting the substantial gap between the resources realistic determination of the financial W GN’s views for the reasoned determi available to it for financing its proposals issue depends upon a valid cost estimate. nation of the Board, particularly when and its prior estimates of its first year’s Therefore, WGN concludes, an applicant the Board did not reject in toto WGN’s costs. Since Radio Nevada’s most recent whose cost estimate has been questioned request for enlargement of the issues. financial amendment was not before the should be required to justify this estimate 9. Radio Nevada’s opposition3 charges Board, WGN claims that it cannot be through the processes of an evidentiary that WGN is now merely reiterating its used by Radio Nevada as a basis for op hearing. previous contention that some of Radio posing this application for review, citing 6. WGN then argues that a substanNevada’s cost estimates are so question Community Broadcasting Service, Inc., tial question exists concerning the avail able as to require an evidentiary hearing 4 FCC 2d 379, 8 RR 2d 168 (1966). Even ability of funds committed to Radio thereon. Radio Nevada asserts that its if the amendment were considered, WGN Nevada’s radio and television proposals. cost estimates were attacked by WGN contends that it raises more questions WGN adverts to the breakdown of Reed without any evidence that the figures than it answers, because it substantiates er’s and Williams’ net liquid assets re were wrong or unrealistic. Radio Nevada dissenting Board Member Slone’s view lied upon by the Board and argues that then notes that WGN has questioned its that the market value of Reeder’s securi such reliance ignores reality as pre cost estimate for the Las Vegas proposal ties has depreciated.5 sented by Board Member Slone in his which has now been reduced from $200,- 11. Under the circumstances of this dissent. WGN points out that: (a) 000 to $127,000 by an amendment which proceeding, we are persuaded that seri Reeder’s securities listed as $12,262.50 is attached to its opposition.4 Radio ous questions have been raised concern have depreciated to less than $10,000; Nevada states that the amendment con ing the validity of Radio Nevada’s cos (b) his commitment of $58,106 all but tains new credit arrangements and in estimates and its ability to provide t exhausts his net liquid worth; and (c) cludes a detailed showing to substantiate required capital to construct and opera there is no cushion between Reeder’s net its proposals for 1 year. Although Ra worth and his commitment. Moreover, 3 Onr Jan. 16, 1967, R a d io N evad a file d a Nevada relies upon its most recent WGN argues that Reeder relies on $27,- motion to accept its late filed opposition. amendment to answer W G N ’s applica 498 allegedly available from refinancing Since no party has objected to Radio Nevada’s request, it may be granted. tion for review, we agree with WGN his home. Since this figure is not based 4 The petition to amend the application its amendment is not entitled to c on an appraisal from a lending institu was granted by Examiner Honig on Jan. 27, sideration at this juncture because _ tion, but rather from a real estate broker, 1967, FC C 67M-144. T h e E xam in er accepted Board was not afforded an opportuni y WGN argues that the Board erred in ac the amendment subject to the deletion of all references to reduction of expenses based cepting this figure. B The amendment lists their value on the elimination of three salesmen and one 7. Similarly, WGN asserts that the $9,275, a d e p rec iation o f $2,987.50. Board erred in accepting a real estate bookkeeper. FEDERAL REGISTER, VOL. 32, NO. 5 5 — WEDNESDAY, MARCH 22, 1967 NOTICES 4375 to consider it as required by section 5(d) able, the extent to which net operating the case, which will entail the testimony (5) of the Communications Act and revenues may be relied upon to yield of a number of persons who are residents § 1.115(c) of our rules. More important necessary funds for the initial construc of the San Fernando area; ly, however, Radio Nevada’s attempted tion and one year’s operating cost; It appearing further, that the petition reliance upon this financial amendment (d) Whether, in the light of the evi is not opposed by the applicant, the only may constitute some indication of its dence adduced pursuant to items a, b, other party to the proceeding; and that, repeated endeavors to shore up its finan and c, Radio Nevada is financially quali as contended by the Bureau, “ although cial proposals throughout the course of fied. an application for initial license is in this proceeding.' Radio Nevada has re Released: March 17, 1967. volved, the proceeding partakes of the vised its financial proposal in this pro nature of a renewal or revocation pro ceeding no less than eight times in its F e d e r a l C ommunications ceeding which, under Commission policy, attempt to satisfy our financial require C o m m i s s io n , is normally held in the community in ments. At the same time, Williams has [ s e a l ] » B e n F . W a p l e , which the station is located, particularly cast serious doubt upon his ability to Secretary. when this has been requested by one of meet his financial commitment for the the parties” ; Radio Nevada application by his con [F .R . Doc. 67-3137; Filed , M ar. 21, 1967; 8:49 a.m .] It appearing further, that petitioner flicting descriptions of the same assets shows good and sufficient cause for a in his Fresno and Las Vegas applications grant of the relief sought: and by his affidavit in this proceeding [Docket Nos. 17258-17260; FCC 67M-447] It is ordered, This 16th day of March which states that the Fresno proposal GAMMA TELEVISION CORP. ET AL. 1967, that the petition is granted and “will have first call over the Radiò Ne that the place of hearing in this proceed vada proposal upon the total assets of Order Continuing Prehearing ing is changed from Washington, D.C., Williams and Trans-America even if Conference to San Fernando, Calif. more than $130,000 should be needed.” 12. We agree with WGN that a real In re applications of Gamma Televi Released: March 17, 1967, istic determination of Radio Nevada’s sion Corp., Memphis, Tenn., Docket No. F e d e r a l C ommunications financial qualifications depends upon a 17258, File No. BPCT-3599; John Mc Lendon, trading as Tele/Mac of Mem C o m m i s s io n , valid cost estimate for its proposals and [ s e a l ] B e n F . W a p l e , phis, Memphis, Tenn., Docket No. 17259, upon a stable and precise, showing of Secretary. personal resources to meet those costs. File No. BPCT-3762; Victor Muscat and It is apparent from the discussion in the Cliff Ford, doing business as Mem [F .R . Doc. 67-3139; F iled , M ar. 21, 1967; preceding paragraph that Radio Ne phis Broadcasting Associates," Memphis, 8:49 aon.] vada’s application does not presently Tenn., Docket No. 17260, File No. BPCT- meet those requirements, and the limited 3787; for'construction permit for new issue specified by the Review Board will television broadcast station (Channel not permit a determination to be made 24). FEDERAL POWER COMMISSION of these important elements reflecting In order to accommodate a conflict in [D ock et N o. G —585 etc.] upon Radio Nevada’s financial qualifica the Hearing Examiner’s schedule: ALABAMA-TENNESSEE NATURAL It is ordered, This 16th day of March tions. For these reasons, we are con GAS CO. vinced that the Review Board’s memo 1967, that the prehearing conference now randum opinion and order should be set scheduled for March 29, 1967, at 10 Order Amending Orders Issuing Cer aside and that the issues herein should a.m., is continued to April 4, 1967, at 9 tificates of Public Convenience a.m. in the offices of the Commission at be enlarged to permit a full evidentiary and Necessity and Substituting hearing upon all aspects of Radio Ne Washington, D.C. Party in Pending Proceedings vada’s financial proposal. Released: March 17, 1967. 13. Accordingly, it is ordered, This 15th M a r c h 14, 1967. day of March 1967: F e d e r a l C ommunications On December 28, 1966, Alabama-Ten (a) That the motion to accept late C o m m i s s io n , nessee Natural Gas Co. (Petitioner) filed [ s e a l ] B e n F . W a p l e , filed opposition, filed on January 16,1967, in Docket No. G-585 et al., a petition to Secretary. by Albert John Williams and Jack M. amend the orders issuing it certificates Reeder, doing business as Radio Nevada [F.R . Doc. 67-3138; F iled , M ar. 21, 1967; is granted; of public convenience and necessity pur 8:49 a.m .] suant to section 7(c) of the Natural Gas ^k) That the application for review, Act by authorizing Petitioner to con filed January 3, 1967, by WGN Conti tinue the sales and transportation of nental Broadcasting Co., is granted to [D o c k et N o. 17198; FC C 67M -440] ‘ natural gas authorized therein as an fie extent reflected in this memorandum Alabama corporation in lieu of as a Del opinion and order; SAN FERNANDO BROADCASTING CO. (KSFV) aware corporation, all as more fully set FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4376 NOTICES [Docket No. CP67-250] Alabama-Tennessee Naturai Gas Co., quired herein, if the Commission on its an Alabama corporation; and in all own review of the matter finds that a NORTHERN NATURAL GAS CO. grant of the certificate is required by the other respects said orders shall remain Notice of Application in full force and effect. public convenience and necessity. If a (B) Alabama-Tennessee Natural Gas protest or petition for leave to intervene M arch 14, 1967. Co., an Alabama corporation, is substi is timely filed, or if the Commission on its own motion believes that a formal hear Take notice that on March 6, 1967, tuted in lieu of Alabama-Tennessee Nat Northern Natural Gas Co. (Applicant), ing is required, further notice of such ural Gas Co., a Delaware corporation, in 2223 Dodge Street, Omaha, Nebr. 68102, all proceedings pending before the Com hearing will be duly given. Under the procedure herein provided filed in Docket No. CP67-250 an applica mission. tion pursuant to section 7(c) of the (C) This order shall be effective as of for, unless otherwise advised, it will be unnecessary for Applicant to appear or Natural Gas Act for a certificate of pub January 1, 1967, upon the submission by lic convenience and necessity authorizing Petitioner of a certified copy of its cer be represented at the hearing. the construction and operation of certain tificate of incorporation in the State of Joseph H. G utride, natural gas facilities, all as more fully Alabama on January 1, 1967. Secretary. set forth in the application which is on file with the Commission and open to By the Commission. [F .R . D og. 67-3086; F iled , Max. 2Ï7 1967; 8:45 a.m .] public inspection. [ seal] Joseph H. G utride, Specifically, Applicant seeks authori Secretary. zation to construct and operate a 7,250 [F .R . Doc. 67-3085; F iled , M ar. 21, 1967; COLORADO horsepower compressor unit at its Beaver, 8:45 a.m .] Okla. Compressor Station to compress Order Vacating Withdrawal of volumes of natural gas from existing Lands in Project No. 979 gathering systems presently connected [Docket No. CP67-254] M arch 14,1967. to Applicant’s system. Applicant states that it is necessary to compress the gas CONSOLIDATED GAS SUPPLY CORP. Application was filed by the U.S. For from these gathering systems due to gas est Service, Department of Agriculture, Notice of Application purchase obligations under contracts for vacation of the power withdrawal with Producers. pertaining to the following described M arch 14, 1967. Applicant estimates the cost of the lands of the United States located within proposed construction at approximately Take notice that on March 7, 1967, the 'San Isabel National Forest: Consolidated Gas Supply Corp. (Appli $2,423,600, said cost to be financed out cant) , 445 West Main Street, Clarksburg, New M exico Principal M eridian, of internal sources. Colorado W. Va. 26301, filed in Docket No. CP67- Protests or petitions to intervene may 254 an application pursuant to section T . 46 N., R. 11 E., be filed with the Federal Power Com 7(c) of the Natural Gas Act for a certifi Sec. 11, S E 1/4NE 1/4 , EV2SE 1/4 . mission, Washington, D.C. 20426, in ac cordance with the rules of practice and cate of public convenience and necessity The lands, comprising 120 acres, are authorizing the construction and opera procedure (18 CFR 1.8 or 1.10) and the located on or near North Lake Creek in regulations under the Natural Gas Act tion of certain natural gas storage facili the vicinity of Rainbow Lake in Custer ties, all as more fully set forth in the ap (§ 157.10) on or before April 10, 1967. County, Colo., and are withdrawn pur Take further notice that, pursuant to plication which is on file with the suant to the filing on April 11,1929 of an Commission and open to public the authority contained in and subject application for license for Project No. to the jurisdiction conferred upon the inspection. 979. By letter dated April 30, 1929, the Federal Power Commission by sections Specifically, Applicant proposes the Commission gave notice of the power 7 and 15 of the Natural Gas Act and construction and operation of an addi withdrawal of the lands to the then tional 4,000 horsepower engine and re the Commission’s rules of practice and General Land Office, Department of the procedure, a hearing will be held with lated equipment in order to increase the Interior. deliverability of its Fink-Kennedy Stor out further notice before the Commis The project structures originally con sion on this application if no protest or age Pools located in Harrison and Lewis sisted of a concrete diversion dam, a petition to intervene is filed within the Counties, W. Va. Applicant states that wood and steel penstock, a powerhouse time required herein, if the Commission the increased deliverability will be used to containing less than 100 horsepower, and on its own review of the matter finds that meet normal growth in its market re a transmission line about 2,600 feet long. a grant of the certificate is required by quirements. No new sales or service is Power generated by the project was used the public convenience and necessity. proposed in this application. by the licensee for mining operations. I f a protest or petition for leave to in Applicant estimates the cost of the pro By letter dated February 21, 1953, the posed construction at approximately tervene is timely filed, or if the Com last licensee of record for the project, mission on its own motion believes that $1,051,625, said cost to be financed by informed the Commission that an in a formal hearing is required, further funds on hand and funds to be obtained sufficient supply of water had rendered notice of such hearing will be duly §n’eI\ from Applicant’s parent corporation, operation of the project impractical. Under the procedure herein providea Consolidated Natural Gas Co. The license for the project expired in for, unless otherwise advised, it will be Protests or petitions to intervene may 1959. unnecessary for Applicant to appear 0 be filed with the Federal Power Com mission, Washington, D.C. 20426, in ac The Commission finds: Inasmuch as be represented at the hearing. cordance with the rules of practice and the subject lands no longer have power Joseph H. G utride, procedure (18 CFR 1.8 or 1.10) and the value, and the power withdrawal of the Secretary. lands serves no useful purpose, it should regulations under the Natural Gas Act [F.R. Doc'. 67-3088; Filed, Mar. 21, (§ 157.10) on or before April 12, 1967. be vacated. 8:45 a.m .] Take further notice that, pursuant to The Commission orders: The with the authority contained in and subject drawal of the subject lands pursuant to [D o c k et N o. CP66—180] to the jurisdiction conferred upon the the application for Project No. 979 is Federal Power Commission by sections hereby vacated. TENNESSEE GAS PIPELINE CO. 7 and 15 of the Natural Gas Act and the By the Commission. Commission’s rules of practice and pro Notice of Petition To Amend [ seal] Joseph H. G utride, cedure, a hearing will be held without Secretary. M arch 14,1967. further notice before the Commission on Take notice that on M a r c h 7>1967, [F.R. Doc. 67-3087; Filed, Mar. 21, 1967; this application if no protest or petition Tennessee Gas Pipeline Co. (Petitioner), to intervene is filed within the time re- 8:45 a.m .] FEDERAL REGISTER, VOL 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4377 a division of Tenneco Inc., Post Office Box 2511, Houston, Tex. 77001, filed in SECURITIES AND EXCHANGE In support of its application, Anderson Docket No. CP66—180 a petition to amend asserts that the proposed purchase of , the units is consistent with its investment the order issued by the Commission May COMMISSION objectives and policies, that the trans 10, 1966, as amended December 28, 1966, [812-2064] action was made at arm’s length and by changing the ordering paragraphs (G) and (H ), all as more fully set forth ANDERSON NEW ENGLAND that an order of exemption is appro priate in this case. Anderson further in the petition to amend which is on file CAPITAL CORP. with the Commission and open to public represents that the proposed purchase is inspection. Notice of Filing of Application for not made for the purpose of relieving the underwriter of otherwise unmarket Specifically, Petitioner requests that Order able securities. the Commission amend pargraphs (G) and (H) to read as follows: M arch 16, 1967. Putnam acted as managing under Notice is hereby given that Anderson writer to a public distribution of Chester (G) Without specific permission from the stock in 1962. Putnam presently holds, Commission, Tennessee shall make no sales New England Capital Corp. (“Ander under Rate Schedules R, SR, TWS, ERS, son” ) , 150 Causeway Street, Boston, in its investment portfolio, 5,776 shares or excess withdrawal provisions of Rate Mass., a Massachusetts corporation reg of Chester stock. In addition, shares Schedules SS-5 and SS-E during the months istered aSi a closed-end, nondiversified, are held by Putnam in its trading ac of April through October 1967: Provided, management investment company under count, the number of which vary, but however, That sales under such rate sched the Investment Company Act of 1940 which has not exceeded 2,600 over the ules may be made if Tennessee has had the last 12 months. following volumes of gas in top storage at (“Act” ) and licensed under the Small the end of the immediately preceding month : Business Investment Act of 1958, has Section 17(d) and Rule 17d-l of the filed an application pursuant to sec Act prohibit -any affiliated person of a M M cf tions >10 (f), 17(d) and Rule 17d-l of registered investment company acting as March, 1967______o the Act requesting an order of the Com principal to effect any transaction in A pril, 1967------,_ 1 , 917 mission permitting Anderson to purchase connection with any joint arrangement May, 1967______4,921 in which such registered company is a June, 1967______7, 519 certain securities of Chester Electronic July, 1967______10, 934 Laboratories, Inc. ( “Chester” ). All in participant unless an application regard August, 1967______14, 545 terested persons are referred to the ap ing such joint arrangement has been Septem ber, 1967___ 17, 477 plication for a statement of Anderson’s granted by the Commission. Rule 17d- October, 1967______20, 078 representations which are summarized 1 provides that in passing upon an ap And provided further, That additional sales below. plication, the Commission will consider under such rate schedules may be made of Anderson proposes to purchase 500 whether the participation of the regis such amounts of gas which Tennessee is units out of a total of 4,500 units of tered company in the joint enterprise reasonably convinced cannot be moved be Chester registered under the Securities on the basis proposed is consistent with yond its Compressor Station No. 200. Act of 1933 pursuant to an effective reg the provisions, policies, and purposes of (H ) D urin g th e p eriod N o ve m b er 1, 1967, istration statement. Putnam Coffin & the Act and the extent to which such through M arch 31, 1968, Tennessee sh all be participation on a basis different from permitted to make sales under such rate Burr (“Putnam” ) is the underwriter of schedules o f 1,300 M M c f each m o n th plus this issue. Chester’s registration state or less advantageous than that of other or minus the amount of excess or deficiency, ment reserved the 500 units exclusively participants. as the case may be, in top storage , inventory for sale to Anderson, at its option, until Notice is further given that any inter based on the top storage inventory for the March 31, 1967. Mr. Warren Heidel, a ested person may, not later than March month ending prior to such sales as shown 30,1967, at 5:30 p.m., submit to the Com below: director of Anderson, is a partner of Putnam. mission in writing a request for a hearing M M cf Each unit is to be sold at a price of on the matter accompanied by a state October, 1967______20,078 ment as to the nature of his interest, the Novem ber, 1967______18, 751 $100 and consists of one $100 face December, 1967______13, 504 amount Debenture and warrants to pur reasons for such request, and the issues January, 1968— !______7,545 chase six shares of common stock. The of fact or law proposed to be contro February, 1968______2,211 Debentures are due September 1, 1981, verted or he may request that he be no March, 1968______~_____L_ o and bear interest at the rate of 7*4 per tified if the Commission should order a Any sales of gas under such rate sched cent per annum. The warrants expire hearing thereon. Any such communica ules as contem plated above sh all be m ad e so on December 31, 1971, and enable the tion should be addressed: Secretary, as to be consistent with the maintenance of holder to purchase the common stock of Securities and Exchange Commission, tne specified storage inventories for the end Chester at $6.75 per share through De Washington, D.C. 20549. A copy of such or the then cu rrent m on th . cember 31, 1969, and thereafter at $7.50 request shall be served personally or by mail (airmail if the person being served f ^.e+iloner sbates that in view of the per share until the warrants’ expiration. iact that it will have excess volumes of Chester has agreed to pay Anderson’s is located more than 500 miles from the natural gas available, during the months legal and other out-of-pocket expenses point of mailing) upon Anderson at the , .v?~k®ted, due to the facilities author- not exceeding $1,000, plus a fee of $500 address stated above. Proof of such service (by affidavit or in case of an at 2 5 in,Docket No- CP66-303 and that the to Putnam for services in connection revised requirements of its customers with the proposed purchase by Anderson. torney at law by certificate) shall be thd«re f nialler top storage inventories Section 10(f) of the Act, as here per filed contemporaneously with the re r ^ ^ t forth in the original ordering tinent, provides that no registered quest. At any time after said date as investment company shall knowingly provided by Rule 0-5 of the rules and thQ ^nesting( the- and Commission (H-) , -it is to justm<* amend purchase or otherwise acquire, during the regulations promulgated under the Act, an order disposing of the application era nVab°Ve' nilentioned ordering para existence of any underwriting or selling graphs as set forth. syndicate, any security if a director of herein may be issued by the Commission upon the basis of the information stated be to intervene may the registered investment company is an J e1?,w!th the Federal Power Commis- affiliate of a principal underwriter of in said application, unless an order for ance S ^ ! gOIV D C - 20426>in accord- such security. Since one of Anderson’s hearing thereon shall be issued upon re of practice and pro- directors is an affiliated person of Put quest or upon the Commission’s own mo nam, the principal underwriter offering tion. Persons who request a hearing or Aprll lo!l967 R 1 8 ° r 1,10) ° n 0r bef0re the units, the proposed purchase of the units by Anderson is prohibited. The advice as to whether a hearing is ordered, Joseph H. G utride, Commission may exempt a transactibn will receive notice of further develop , Secretary. from this prohibition if and to the extent ments in this matter, including the date 1 ■ Doc‘ 67-3089; P ile d , M ar. 21, 1967; that such exemption is consistent with of the hearing (if ordered) and any post 8:45 a.m .] the protection of investors. ponements thereof. No. 55------6 FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4378 NOTICES For the Commission (pursuant to dele sion, Washington, D.C. 20549. A copy The interest rate (which will be a multi gated authority). of such request should be served person ple of one-eighth of 1 percent and the ally or by mail (airmail if the person price, exclusive of accrued interest [ s e a l ] O r v a l L . D ttB o i s , being served is located more than 500 (which will not be less than 100 percent Secretary. miles from the point of mailing) upon nor more than 102% percent of the prin [F .R . Doc. 67-3093; F iled , M ar. 21, 1967; the declarant at the above-stated ad cipal amount), will be determined by the 8:46 a.m .] dress, and proof of service (by affidavit or, competitive bidding. in case of an attorney at law, by certif Michigan Wisconsin also proposes (a) to amend its articles of incorporation so [70-4468] icate) should be filed with the request. At any time after said date, the declara as to increase the number of its author CONNECTICUT LIGHT AND POWER tion, as filed or as it may be amended, ized shares of common stock, par value CO. may be permitted to become effective $100 per share, from 885,000 shares to as provided in Rule 23 of the general 985.000 shares, and (b)^ to issue and sell Notice of Proposed Modification of ryles and regulations promulgated under 100.000 shares of such common stock to Indenture the Act, or the Commission may grant American Natural for a cash considera exemption from such rules as provided tion of $10 million. American Natural, M a r c h 16, 1967. in Rules 20(a) and 100 thereof or take which owns all of Michigan Wisconsin’s Notice is hereby given that the Con such other action as it may deem ap outstanding common stock, proposes to necticut Light and Power Co. (“CL&P” ), propriate. Persons who request a hear acquire the 100,000 shares, and in pay 107 Selden Street, Berlin, Conn. 06037, a ing or advice as to whether a hearing is ment therefor to use $7,500,000 of funds public-utility subsidiary company of ordered will receive notice of further on hand and $2,500,000 in cash to be Northeast Utilities, a registered holding developments in this matter, including received as a special dividend to be paid company, has filed a declaration with the date of the hearing (if ordered) and by Michigan Wisconsin on. its common this Commission, pursuant to the Public any postponements thereof. stock. Utility Holding Company Act of 1935 Michigan Wisconsin will use the net For the Commission (pursuant to dele (“Act” ) , proposing the modification of its proceeds from the proposed issue and indenture governing the terms of its first gated authority). - sale of bonds to prepay, without penalty, mortgage bonds. CL&P has designated [ s e a l ] O r v a l L . D u B o i s , part of its promissory notes due banks sections 6(a) and 7 of the Act as appli Secretary. which are presently outstanding in the cable to the proposal. All interested [F.R . Doc. 67-3094; F iled , M ar. 21, 1967; amount of $60 million maturing Sep -persons are referred to the declaration, 8:46 a jn .] tember 30, 1967. The proceeds from the which is summarized below, for a com proposed issue and sale of common stock plete statement of the proposed modi will be used by Michigan Wisconsin to fications. [70-4466] finance, in part, its 1967 expansion pro In order to conform to the require MICHIGAN WISCONSIN PIPE LINE CO. gram estimated to cost $65 million. It ments of this Commission’s statement of is stated that such additional fluids as policy with respect to first Mortgage AND AMERICAN NATURAL GAS CO. may be required to finance this expan bonds issued under the Act, as set forth Notice of Proposed Issue and Sale of sion program will be obtained by Mich in Holding Company Act Release No. Mortgage Bonds at Competitive igan Wisconsin from internal sources 13105, and to effect other modifications, and borrowings from banks which will CL&P proposes to amend its first mort Bidding, In c re a se in Authorized be the subject of a future filing with this gage indenture and deed of trust, dated Capital Stock, and Issue and Sale, Commission. as of May 1, 1921, to Bankers Trust Co., and Acquisition of Common Stock The fees and expenses to be paid by as trustee, so as, among other things, to Michigan Wisconsin in connection with M a r c h 16,1967. reduce the percentage of property addi the issue and sale of the bonds are esti tions governing the issuance of addi Notice is hereby given that American mated at $155,000, including counsel fees tional bonds, to provide a replacement Natural Gas Co. (“American Natural” ), of $50,000 and accountant’s fees of fund requirement and accountability Suite 4950, 30 Rockefeller Plaza, New $8,000; and in connection with the issue therefor in computing property addi York, N.Y. 10020, a registered hold and sale of the common stock are esti tions available for the issuance of addi ing company, and its subsidiary company, mated at $3,000, including counsel fees tional bonds, to modify the computation Michigan Wisconsin Pipe Line Co. of $500. The fees of counsel for the bond of earnings required for the issuance of (“Michigan Wisconsin” ), 1 Woodward underwriters, estimated at $16,000, are additional bonds, to provide for a sinking Avenue, Detroit, Mich. 48266, have filed to be paid by the successful bidders. an application-declaration with this tind improvement fund and dividend re It is stated that the issuance and sale striction on common stock. The dec Commission, pursuant to the Public of the bonds and common stock by Mich laration states that the consent of bond Utility Holding Company Act of 1935 igan Wisconsin is subject to authoriza holders is not required for the proposed (“Act” ), designating sections 6(a), 6(b), tion by the Michigan Public Service amendment. 7, 9, 10, and 12(f) of the Act and Rules Commission and that no other State The fees and expenses incurred and to 43 and 50 promulgated thereunder as commission and no Federal commission, be incurred in connection with the pro applicable to the proposed transactions. other than this Commission, has juris posed modification are to be filed by All interested persons are referred to the diction over the proposed transactions. amendment. The declaration further application-declaration, which is sum marized below, for a complete statement Notice is further given that any inter states that no State commission and no ested person may, not later than April 14, Federal commission, other than this of the proposed transactions. Michigan Wisconsin proposes to issue 1967, request in writing that a hearing be Commission, has jurisdiction over the held on such matter, stating the natuie proposed amendment. and sell, pursuant to the competitive bidding requirements of Rule 50 under of his interest, the reasons for such ie- Notice is further given that any inter quest, and the issues of fact or law raisea ested persons may, not later than April the Act, $45 million principal amount of first mortgage pipe line bonds,-----per by said application-declaration which n 13, 1967, request in writing that a hear desires to controvert; or he may requ ing be held with respect to the proposed cent series, due May 1, 1987. The bonds are to be issued under a mortgage and that he be notified if the C om m issio modification of the indenture, stating the should order a hearing thereon. Any nature of his interest, the reasons for deed of trust, dated as of September 1, 1948, between Michigan Wisconsin and such request should be addressed: b such request, and the issues of fact or law retary, Securities and Exchange L raised by said declaration which he de First National City Bank (formerly City Bank Farmers Trust Co.) and Christo mission, Washington, D.C. 20549. sires to controvert; or he may request copy of such request should be serv that he be notified if the Commission- pher C. Arvani, as trustees, as heretofore supplemented and as to be further sup personally or by mail (airmail i should order a hearing thereon. Any person being served is located more such request should be addressed: Secre plemented by an 18th supplemental in 500 miles from the point of mailing tary, Securities and Exchange Commis- denture to be dated as of May 1, 1967. FEDERAL REGISTER, VOL 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4379 upon the applicants-declarants at the interested persons is hereby given as junction Iowa Highway 57, thence over above-stated addresses, and proof of provided in such rules (49 CFR 211.1 Iowa Highway 57 to junction U.S. High service (by affidavit or, in case of an at ( d ) (4 )). way 65, thence over U.S. Highway 65, via torney at law, by certificate) should be Protests against the use of any pro Owatonna, Minn., to Minneapolis, Minn., filed with the request. At any time after posed deviation route herein described thence over city streets to St. Paul, said date, the application-declaration, may be filed with the Interstate Com Minn.; also from Kansas City, Kans., to as filed or as it may b? amended, may merce Commission in the manner and Marshalltown, Iowa, as specified above, be granted and permitted to become ef form provided in such rules (49 CFR thence over unnumbered highway (for fective as provided in Rule 23 of the gen 211.1(e)) at any time, but will not op merly U.S. Highway 30) to junction U.S. eral rules and regulations promulgated erate to stay commencement of the pro Highway 30, thence over U.S. Highway under the Act, or the Commission may posed operations unless filed within 30 30 to Tama, Iowa, thence over U.S. High grant exemption from such rules as pro days from -the date of publication. way 63 to Waterloo, Iowa, thence over vided in Rules 20(a) and 100 thereof or Successively filed letter-notices of the UJS.- Highway 218 to Owatonna, Minn., take such other action as it may deem same carrier under the Commission’s thence to St. Paul as specified above; also appropriate. Persons who request a Deviation Rules Revised, 1957, will be from Kansas City, Kans., to Tama, Iowa, hearing or advice as to whether a hear numbered consecutively for convenience as specified above, thence over U.S. High ing is ordered will receive notice of in identification and protests if any way 30 to junction U.S. Highway 218, further developments in this matter, should refer to such letter-notices by thence over U.S. Highway 218 to Water including the date of the hearing (if number. loo, Iowa, thence to St. Paul, Minn., as ordered) and any postponements thereof. M o t o r C a r r i e r s o f P r o p e r t y specified above, and (2) from Chicago, For the Commission (pursuant to HI., over Hlinois Highway 64 to St. delegated authority). N o. MC 200 (Deviation No. 12), RISS Charles, HI., thence over Hlinois High & COMPANY, INC., Post Office Box 2809, way 31 to Geneva, HI., thence over Alter [s e a l ] O r v a l L . D u B o i s , Kansas City, Mo. 64142, filed March 7, nate U.S. Highway 30 to junction U.S. Secretary. 1967. Carrier’s representative: Ivan E. Highway 30, thence over U.S. Highway [F.R. Doc. 67-3095; P ile d , M ar. 21, 1967; Moody, 903 Grand Avenue, Kansas City, 30 to junction Iowa Highway 131, thence 8;46 a.m .] Mo. 64106. Carrier proposes to operate over Iowa Highway 131 to Belle Plaine, as a common carrier, by motor vehicle, of Iowa, thence over Iowa Highway 212 to general commodities, with certain excep junction UJ3. Highway 30, thence over tions, over a deviation route as follows: U.S. Highway 30 to Missouri Valley, Iowa, INTERSTATE COMMERCE From Chicago, 111., ovefr Interstate High and return over the same routes. way 55 to junction Interstate Highway No. MC 56679 (Sub-No. 2) (Deviation COMMISSION 80, near Joliet, 111., thence over Inter No. 1), BROWN TRANSPORT CORP., state Highway 80 to junction Interstate FOURTH SECTION APPLICATION 142 Milton Avenue, Post Office Box 6985, Highway 80S, near Big Springs, Nebr., Atlanta, Ga. 30315, filed March 3, 1967. FOR RELIEF thence over Interstate Highway 80S to Carrier proposes to operate as a com M a r c h 17,1967. Denver, Colo., and return over the same mon carrier, by motor vehicle, of general Protests to the granting of an appli route, for operating convenience only. commodities, with certain exceptions, cation must be prepared in accordance The notice indicates that the carrier is over a deviation route as follows: From with Rule 1.40 of the general rules of presently authorized to transport the Cartersville, Ga., over U.S. Highway 41 practice (49 CFR 1.40) and filed within same commodities, over pertinent service to Dalton, Ga., thence over Georgia 15 days from the date of publication of routes as follows: (1) From Chicago, 111., Highway 71 to the Georgia-Tennessee over U.S. Highway 66 to Joliet, 111., this notice in the F e d e r a l R e g i s t e r . State line, thence over Tennessee High thence over UjS. Highway 6 to Denver, way 60 to Cleveland, Tenn., thence over L o n g - a n d -S h o r t H a u l Colo., and (2) from Chicago, 111., over U.S. Highway 11 to Knoxville, Tenn., FSA No. 40949—Iron and steel articles Alternate U.S. Highway 30 to Sterling, and return over the same route, for op from Indian Oaks, III. Filed by Illinois 111., thence over U.S. Highway 30 to erating convenience only. The notice freight Association, agent (No. 323), for junction U.S. Highway 138, at Big indicates that the carrier is presently interested rail carriers. Rates on iron Springs, Nebr., thence over U.S. Highway authorized to transport the same com and steel articles, as described in the ap 138 to junction U.S. Highway 6 at Ster modities, over a pertinent service route plication, in carloads, minimum 100,000 ling, Colo., thence over U.S. Highway 6 as follows: From Cartersville, Ga., over Pounds, from Indian Oaks, 111., to Green to Denver, Colo., and return over the U.S. Highway 411 to junction U.S. High ville and Vicksburg, Miss, same routes. way 129, thence over U.S. Highway 129 fo u n d s for relief—Market competi- No. MC 21170 (Deviation No. 6), BOS to Knoxville, Tenn., and return over the LINES, INC., 408 Sputh 12th Avenue, same route. Marshalltown, Iowa 50518, filed March 9, No. MC 56679 (Sub-No. 2) (Deviation p 3 i i f~ Supplement 34 to Illinois 1967. Carrier proposes to operate as a 108?ht Association> agent, tariff ICC No. 2), BROWN TRANSPORT CORP., common carrier, by motor vehicle, of 142 Milton Avenue, Post Office Box 6985, general commodities, with certain excep By the Commission. Atlanta, Ga. 30315, filed March 3, 1967. tions, over a deviation route as follows: Carrier proposes to operate as a com I sea l] h . N e i l G a r s o n , From Chicago, HI., over Interstate High mon carrier, by motor vehicle, of general Secretary. way 90 to junction Interstate Highway commodities, with certain exceptions, 94, near Madison, Wis., thence over [p R. Doc. 67-3105; P ile d , M ar. 21, 1967; - over deviation routes as follows: (1) 8:47 a.m .] Interstate Highway 94 to St. Paul, Minn., From Atlanta, Ga., over Interstate High and return over the same route, for way 75 to Macon, Ga., (2) from Atlanta, operating convenience only. The notice Ga., over Interstate Highway 20 to Au [Notice 438] indicates that the carrier is presently au gusta, Ga., and (3) from Macon, Ga., thorized to transport the same commodi over Interstate Highway 16 to Savannah, *J2J0R c a r r ie r a l t e r n a t e ties, over pertinent service routes as Ga., and return over the same routes, route d e v ia t io n n o t ic e s follows: (1) From Kansas City, Kans., for operating convenience only. The over city streets to Kansas City, Mo., rp, M a r c h 17,1967. notice indicates that the carrier is pres thence over Alternate U.S. Highway 69 ently authorized to transport the same Posak ,l°llowinf letter-notices of pro- to junction U.S. Highway 69, thence over commodities, over pertinent service for 0Deroi?)erate over deviati°n routes U.S. Highway 69 via Cameron, Mo., to routes as follows: (1) From Atlanta, Ga., bin f i S ? & convenience only have Ames, Iowa, thence over UJS. Highway 30 over U.S. Highway 23 to junction Commissln^^ ^terstate Commerce via Colo., Iowa, to junction Iowa Highway Georgia Highway 87, thence over Georgia Deviation v> ,under the Commission’s 330 (formerly U.S. Highway 30), thence Highway 87 to Macon, Ga., (2) from At 2U ^vised, 1957 (49 CFR over Iowa Highway 330 to Marshalltown, M8)> ^ d notice thereof to all lanta, Ga., over U.S. Highway 278 to Iowa, thence over Iowa Highway 14 to Augusta, Ga., and (3) from Macon, Ga., FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4380 NOTICES Olympia Junction), over Interstate express and newspapers in the same ve over Georgia Highway 22 to junction hicle with passengers, over a deviation Georgia Highway 24, thence over Georgia Highway 5 to Olympia, Wash., (4) from Olympia, Wash., over Interstate High route as follows: From Marietta, Ga., Highway 24 to junction Georgia Highway over Georgia Highway 120 to junction 17, thence over Georgia Highway 17 to way 5 to Tumwater, Wash., and (5) from junction unnumbered highway and In U.S. Highway 41, thence over U.S. High Savannah, Ga., and return over the same way 41 to junction Franklin Road, routes. terstate Highway 5 (North Salmon Creek Junction), over Interstate Highway 5 to thence over Franklin Road to junction No. MC 103435 (Deviation No. 17), Interstate Highway 75, thence over In UNITED BUCKINGHAM FREIGHT junction unnumbered highway (North Vancouver Junction), and return over terstate Highway 75 to Atlanta, Ga., and LINES, Post Office Box 1631, Rapid City, return over the same route, for operating S. Dak. 57701, filed March 7, 1967. Car the same routes, for operating conveni ence only. The notice indicates that the convenience only. The notice indicates rier’s representative: Maurice Andren that the carrier is presently authorized (same address as above). Carrier pro carrier is presently authorized to trans port passengers arid the same property, to transport passengers and same prop poses to operate as a common carrier, erty, over a pertinent service route as by motor vehicle, of general commodities, over a pertinent service route as follows: From Seattle, Wash;, over unnumbered follows: From Marietta, Ga., over Geor with certain exceptions, over a deviation gia Highway 120 to junction U.S. High route as follows: Between Duluth, Minn., highway via Tacoma to junction Inter state Highway -5 (Gravelly Lake Junc way 41 (formerly portion Georgia and the Kansas City, Mo.-Kans._, com Highway 3E), thence over U.S. Highway mercial zone, over Interstate Highway tion) , thence over Interstate Highway 5 to junction U.S. Highway 99 (Nisqually 41 to Altanta, Ga. (also from junction 35, for operating convenience only. The U.S. Highway 41 and Georgia Highway notice indicates that the carrier is pres Junction), thence overJJ.S. Highway 99 to junction Business Route Interstate 3 formerly portion Georgia Highway 3E), ently authorized to transport the same over Georgia Highway 3 to junction commodities, over pertinent service Highway 5 (North Olympia Junction), thence over Business Route Interstate Georgia Highway 120), and return over routes as follows: (1) From South St. the same routes. Paul, Minn., over city streets to St. Paul, Highway 5 via Olympia to junction In Minn., thence over U.S. Highway 61 to terstate Highway 5 (Tumwater), thence By the Commission. 1 Duluth, Minn., thence over U.S. High over Interstate Highway 5 to junction unnumbered highway (North Salmon [ s e a l ] H . N e il G a r s o n , way 2 to Erskine, Minn., (2) from Des Secretary. Moines, Iowa, over U.S. Highway «9 to Creek Junction), thence over unnum- junction Iowa Highway 3, thence over . bered highway to junction Interstate [F.R. Doc. 67-3106; Filed, Mar. 21, 1967; Iowa Highway 3 to Clarion, Iowa, (3) Highway 5 (North Vancouver Junction), 8:47 a.m .] from Des Moines, Iowa, over U.S. High thence over Interstate Highway 5 to the Washington-Oregon State line (con way 69 to Gamer, Iowa, thence over U.S. Highway 18 to Mason City, Iowa, thence nects with Oregon Route 26), and re [N o tic e 1038] over U.S. Highway 65. to Owatonna, turn over the same route. No. MC 59236 (Deviation No. 6), V IR MOTOR CARRIER APPLICATIONS AND Minn., thence over Minnesota Highway CERTAIN OTHER PROCEEDINGS 218 via Rosemount to St. Paul, Minn., (4) GINIA STAGES LINES, INCORPO RATED, Fourth and Water Streets, from Des Moines, Iowa, to Rosemount, M arch 17,1967. Charlottesville, Va. 22902, filed March 9, Minn., as specified in (3); thence over The following publications are govern Minnesota Highway 218 to junction Min 1967. Carrier proposes to operate as a common carrier, by motor vehicle, of ed by Special Rule 1.247 of the Commis nesota Highway 55, thence over Minne passengers and their baggage, and ex sion’s rules of practice, published in the sota Highway 55 to Minneapolis, Minn., F e d e r a l R e g is t e r press and newspapers, in the same ve issue of April 20, 1966, (5) from Des Moines, Iowa, over U.S. hicle with passengers, over deviation which became effective May 20, 1966. Highway 69 to junction Iowa Highway The publications hereinafter set forth routes as follows: (1) From junction In 175, thence over Iowa Highway 175 to reflect the scope of the applications as terstate Highway 495 and U.S. Highway junction Iowa Highway 60, thence~over filed by applicant, and may include de 50 over Interstate Highway 495 to junc scriptions, restrictions, or limitations Iowa Highway 60 to Webster City, Iowa, tion Interstate Highway 66, thence over thence over unnumbered highways to which are not in a form acceptable to Interstate Highway 66 to junction U.S. the Commission. Authority which ulti Woolstock, Iowa, thence over Iowa High Highway 29 (near Centreville, V a.), and way 323 to junction Iowa Highway 60, mately may be granted as a result ox (2) from junction Interstate Highway the applications here noticed will not thence over Iowa Highway 60 to Eagle 495 and U.S. Highway 50 over Interstate necessarily reflect the phraseology se Grove, Iowa (also from Des Moines over Highway 495 to junction Interstate High U.S. Highway 69 to junction U.S. High forth in the application as filed, but also way 66, thence over Interstate Highway will eliminate any restrictions which are way 20, thence over U.S. Highway 20 to 66 to junction Virginia Highway 123, not acceptable to the Commission. Webster City, thence as specified above thence over Virginia Highway 123 to to Eagle Grove), and (6) from Omaha, Fairfax, Va., thence return over Virginia A pplications A s s ig n e d f o r O ral Nebr., over U.S. Highway 6 to Des Highway 123 to junction Interstate High Moines, Iowa, and return over the same H e a r in g way 66, thence over Interstate Highway m o t o r c a r r ie r s o f p r o p e r t y route. 66 to junction Virginia Highway 28, M o t o r C a r r ie r s o f P a s s e n g e r s thence over Virginia Highway 28 to junc No. MC 12731 (Sub-No. 1) (Republica- tion), filed May 2, 1966, Puplis?fiefid No. MC 1515 (Deviation No. 364) (Can tion U.S. Highway 29 (near Centreville, Va.), and return over the same routes, F e d e r a l R e g is t e r issue of June 3, ; cels Deviation No. 227), GREYHOUND and republished this issue. Appli<»nt. LINES, INC. (Western Division), Mar for operating convenience only. The no tice indicates that.the carrier is presently TEENS N’ TOURS, INC., 1004 W h ket and Fremont Streets, San Francisco, Birch Lane, Post Office Box A-7 wan Calif. 94106, filed March 8, 1967. Car authorized to transport passengers and the same property over a pertinent serv tagh, Long Island, N.Y. Applicant s rep rier’s representative: W. T. Meinhold, resentative: Charles H. Trayford W 371 Market Street, San Francisco, Calif. ice route as follows: From junction In terstate Highway 495 and U.S. Highway East 42d Street, New York, N.Y. W J, 94105. Carrier proposes to operate as a plication filed May 2, 1966, apP in common carrier, by motor vehicle, of 50 over U.S. Highway 50 to junction U.S. Highway 29, thence over U.S. Highway seeks a license authorizing op eration passengers and their baggage, and ex interstate or foreign commerce, press and newspapers in the same ve 29 to junction Interstate Highway 66 (near Centreville, V a.), and return over broker at Massapequa, Long is ia n a . i • •- hicle with passengers, over deviation in arranging for the transporta routes as follows: (1) From Seattle, the same route. No. MC 8500 (Deviation No. 11), TEN passengers and their baggage, Wash., over Interstate Highway 5 to Ta expense tours, as individuals and? rriC^ coma, Wash., (2) from Tacoma, Wash., NESSEE TRAILWAYS, INC.,^710 Sevier Avenue, Knoxville, Tenn. 37920, filed in charter operations, between: MerrwK, over Interstate Highway 5 to junction Long island, N.Y., and points m unnumbered highway (Gravelly Lake March 7,1967. Carrier proposes to oper ate as a common carrier, by motor vehi and Suffolk Counties, N.Y., and, . Junction), (3) from junction U.S. High miles of Merrick, on the one hand, an way 99 and Interstate Highway 5 (North cle, of passengers and their baggage, and FEDERAL REGISTER, VOL. 32, NO. 5 5 — WEDNESDAY, MARCH 22, 1967 NOTICES 4381 on the other, points in the United States, interstate or foreign commerce, as a No. MC 59367 (Sub-No. 48) (Repub including Alaska and Hawaii. An order common carrier by motor vehicle, over lication), filed July 21, 1966, published of the Commission, Operating Rights irregular routes, of lumber, from Albany F e d e r a l R e g i s t e r issue of August 18, Board No. 1, dated February 13, 1967, and Rensselaer, N.Y., to points in Ver 1966, and republished this issue. Appli and served March 10, 1967, finds that mont; that applicant is fit, willing, and cant: DECKER TRUCK LINE, INC., Post operation by applicant at Massapequa, able properly to perform such service Office Box 915, Fort Dodge, Iowa 50501. Long Island, N.Y., as a broker in arrang and to conform to the requirements of Applicant’s representative: William A. ing for the transportation by motor ve the Interstate Commerce Act and the Landau, 1307 East Walnut Street, Des hicle, in interstate or foreign commerce, Commission’s rules and regulations Moines, Iowa 50306. By application filed of passengers and their baggage, in all thereunder. Because it is possible that July 21,1966, applicant seeks a certificate expense, round-trip tours, in special and other parties, who have relied upon the of public convenience and necessity au charter operations, beginning and ending notice of the application as published, thorizing operation, in interstate or for at Merrick, Long Island, and at points may have an interest in and would be eign commerce, as a common carrier by in Nassau and Suffolk Counties, N.Y.', prejudiced by the lack of proper notice motor vehicle, over irregular routes, of west of New York Highway 112 and ex of the authority described in the find meats, meat products, meat byproducts, tending to points in the United States ings in this order, a notice of the au and articles distributed by meat packing (including Alaska and excluding Hawaii) thority actually granted will be pub houses, as described in sections A and C will be consistent with the public interest lished in the F e d e r a l R e g i s t e r and issu of appendix I to the report in Descrip and the national transportation policy; ance of a certificate in this proceeding tions in Motor Carrier Certificates, 61 that applicant is fit, willing, and able will be withheld for a period of 30 days M.C.C. 209 and 766 (except hides and properly to perform such service and to from the date of such publication, dur commodities in bulk, in tank vehicles), conform to the requirements of the In ing which period any proper party in from Storm Lake and Postville, Iowa, and terstate Commerce Act and the Commis interest may file an appropriate petiton Omaha, Nebr., to points in Wisconsin, sion’s rules and regulations thereunder; for leave to intervene in this proceeding with service from Postville restricted and that a license authorizing such oper setting forth in detail the precise manner to traffic originating at Omaha, Nebr., or ations should be issued, subject to the in which it has beep so prejudiced. Storm Lake, Iowa, and stopped at Post right of the Commission, which is hereby No. MC 26088 (Sub-No. 8) (Republi ville to complete loading. An order of expressly reserved, to impose, after final the Commission, Operating Rights Board determination of the proceeding in Ex cation) , filed October 14, 1966, published F e d e r a l R e g i s t e r issue of November 3, No. 1, dated February 28, 1967, and Parte No. MC-29 (Sub-No. 2) i such terms served March 15,1967, as amended, finds and conditions, if any, as may be deemed 1966, and republished this issue. Appli cant: THE SANDERS TRUCK TRANS that the present and future public con necessary to insure that the operations venience and necessity require operation of applicant are limited to bona fide PO RTATIO N CO., INC., 301 North, A l lendale, S.C. Applicant’s representa by applicant, in interstate or foreign operations, as a broker of transportation commerce, as a common carrier by motor by motor vehicle of passengers and their tive: William Addams, Room 406, 1776 Peachtree Street NW., Atlanta, Ga. vehicle, over irregular routes, of meat, baggage, in all-expense, round-trip tours, meat products, meat byproducts, and ar in special and charter operations, con 30309. By application filed October 14, 1966, applicant seeks a certificate of pub ticles distributed by meat packinghouses, ditioned upon the receipt of a request as described in sections A and C of ap in writing from applicant for the lic convenience and necessity authorizing operation, in interstate or foreign com pendix I to the report in Descriptions in coincidental cancellation of its license Motor Carrier Certificates, 61 M.C.C. 209 No. MC-12731. Because it is possible merce, as a common carrier by motor vehicle, over irregular routes, of con and 766 (except hides and except com that other parties, who have relied upon modities in bulk), from Storm Lake and the notice of the application as so pub- crete building blocks, hollow or briquette, slag or cinders and Portland cement com Postville, Iowa, to points in Wisconsin, hshed may have an interest in and would restricted to the transportation of traffic be prejudiced by the lack of proper bined, from Augusta, Ga., to points in South Carolina. An order of the Com originating at the plantsites of Hygrade notice of the authority described in the Food Products Corp. at Storm Lake and findings herein, a notice of the authority mission, Operating Rights Board No. 1, dated February 13, 1967, and served Postville; that applicant is fit, willing, actually granted will be published in the and able properly to perform such serv F ederal R e g is t e r and issuance of a li- March 14, 1967, finds that the present ice and to conform to the requirements cense herein will be withheld for a period and future public convenience and neces of 30 days from the date of such publica- sity require operation by applicant, in of the Interstate Commerce Act and the tion, during which period any proper interstate or foreign commerce, as a Commission’s rules and regulations Party in interest may file an appropriate common carrier by motor vehicle, over thereunder. Because it is possible that Petition for leave to intervene in this irregular routes, of concrete building other parties, who have relied upon the proceeding setting forth in detail the blocks, from Augusta, Ga., to points in notice of the application as published, precise manner in which it has been so South Carolina; that applicant is fit, may have an interest in and would be Prejudiced. willing, and able properly to perform prejudiced by the lack of proper notice such service and to conform to the re of the authority described in the findings W 197g* (Sub-No. 4) (Republica- in this order, a notice of the authority uon) fiied July 21, 1966, published F e d - quirements of the Interstate Commerce actually granted will be published in the eral register issue of August 18, 1966, Act and the Commission’s rules and F e d e r a l R e g i s t e r and issuance of a cer drepubh^d this issue. Applicant: regulations thereunder. Because it is possible that other parties, who have tificate in this proceeding will be with Pm? _™ 'UCKING COMPANY, INC., held for a period of 30 days from the date h0? ° l ^ bany’ Post 0fflc€ BOX 1166, Al- relied upon the notice of the application as published, may have an interest in of such publication, during which period Tnhn’ t APPhcant’s representative: any proper party in interest may file an ban? Kr5ra? £ Jr- 75 State Street, Al- and would be prejudiced by the lack of proper notice of the authority described appropriate petition for leave to inter Jul/vi^Tncl2207’ By application filed vene in this proceeding setting forth in cSf applicant seeks a certifi- in the findings in this order, a notice of the authority actually granted will be detail the precise manner in which it has authm-ibUbbc convenience and necessity been so prejudiced. forpmvT—6w ^ ng operation,^wauon, inm interstateintersi or published in the F e d e r a l R e g i s t e r and issuance of a certificate in this^proceed- No. MC 104589 (Sub-No. 21) (Republi by mnt™0Iniu?rce’ 85 a eonunon carrier cation), filed July 21, 1966, published of ^?m LVehlCle’ over ^regular routes, ing will be withheld for a period of 30 F e d e r a l R e g i s t e r issue of August 18, from Aih’ 0n Platform dump trucks, days from the date of such publication, 1966, and republished this issue. Appli 2 ?ts ^ and Rensselaer, N.Y., to during which period any proper party cant: J. L. LAWHON, 2941 Main Street, X L * ? An order of the in interest may file an appropriate peti East Point, Ga. 30044. Applicant’s rep 1 daSd w K0perating Rtehts Board No. tion for leave to intervene in this pro resentative: Jacob P. Billig, 1825 Jeffer March in 6^ ^ 12’ 1967> and served ceeding setting forth in detail the pre son Place NW. Washington, D.C. By ap and future nnhr finds that the Present plication filed July 21, 1966, applicant sity 2 i UbUc convenience and neces- cise manner in which it has been so require operation by applicant, in seeks a permit authorizing operations, prejudiced. in interstate or foreign commerce, as FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4382 NOTICES of the authority described in the findings convenience and necessity, authorizing a contract carrier by motor vehicle, operation in interstate or foreign com over irregular routes, of heat processed in this order, a notice of the authority merce as a common carrier by motor ve citrus juice in hermetically sealed con actually granted will be published in the F e d e r a l R e g is t e r and issuance of a per hicle, over irregular routes, of (1) tainers when moving with fresh Brandy, in mixed shipments with wine citrus fruits in containers, and fresh mit in this proceeding will be withheld (presently authorized), from Ham- fruit sections and salads packed in glass, for a period of 30 days from the date of mondsport, N.Y., to points in Connecti except frozen citrus products, from such publication, during which period Plymouth, Fla., to points in Alabama, any proper party in interest may file an cut, Delaware, Indiana, Illinois, Mary land, Massachusetts, New Jersey, Ohio, Mississippi, Louisiana, North Carolina, appropriate petition for leave to inter vene in this proceeding setting forth in Pennsylvania, Rhode Island, and Wis Georgia, Tennessee, and South Carolina, consin, and Charleston, W. Va., Detroit, and (2) fresh citrus fruits in containers, detail the precise manner in which it Mich., Naples, N.Y., Richmond, Va., and and fresh fruit sections and salads has been so prejudiced. St. Louis, Mo., and (2) commodities the packed in glass, except frozen citrus No. MC 109595 (Sub-No. 8) (Republi transportation of which is partially ex products, from points in Alachua, Brad cation), filed June 20, 1966, published empt under the provisions of section 203 ford, Brevard, Broward, Charlotte, F e d e r a l R e g is t e r issue of June 30, 1966, Citrus, Clay, Collier, Columbia, Dade, and republished this issue. Applicant: (b) (6) of the Interstate Commerce Act if transported in vehicles not used in De Soto, Duval, Flagler, Gilchrist, REX TRANSPORTATION CO., a corpo carrying any other property, when mov Glades, Hardee, Hendry, Hernando, ration, 34350 Goodard Road, Rumulus, Highlands, Hillsborough, Indian River, Mich. 48174. Applicant’s representa ing the same vehicle at the same time with the commodities in (1) above, (a) Lake, Lee, Levy, Manatee, Marion, tive; Robert A. Sullivan, 1800 Buhl from Hammondsport and Naples, N.Y., Okeechobee, Orange, Osceola, Palm Building, Detroit, Mich. 48226. By appli to Charleston, W. Va., Detroit, Mich., Beach, Pasco, Pinellas, Polk, Putnam, cation filed June 20,1966, applicant seeks New York, N.Y., Richmond, Va., St. St. Johns, St. Lucie, Sarasota, Seminole, a certificate of public convenience and Louis, Mo., and points in Connecticut, Sumter, and Volusia Counties, Fla., to necessity authorizing operation, in inter Delaware, Illinois, Indiana, Maryland, points in the destination States enu state or foreign commerce, as a common carrier by motor vehicle, over irregular Massachusetts, New Jersey, Ohio, Penn merated in (1) above, limited to a trans sylvania, Rhode Island, Wisconsin, and portation service to be performed under routes, of constructional materials in bulk, from the Flexiflo Rail Motor Inter the District of Columbia. a continuing contract, or contracts, (b) Between Hammondsport and with Seald-Sweet Sales, Inc. of Tampa, change facilities on the lines of the New York Central Railroad located in Avon, Naples, N.Y., (c) from New York, N.Y.," Fla. An order of the Commission, Op Detroit, Mich., and points in Ohio, Penn erating Rights Board No. 1, dated Feb Ind. (exclusive of team tracks and other public facilities) to points in Indiana, sylvania, New Jersey, Delaware, Mary ruary 13, 1967, and served March 10, land, Massachusetts, Connecticut, 1967, as amended, finds that operation by Illinois, Kentucky, and Ohio, west of U.S. Highway 21, restricted to shipments Rhode Island, and the District of Colum applicant, in interstate or foreign com bia, to Hammondsport and Naples, N.Y., merce, as a contract carrier by motor having a prior rail movement. An order of the Commission, Operating Rights (d) between points in Livingston Coun vehicle, over irregular routes, of (1) ty, N.Y., on the one hand, and, on the when transported Board No. 1, dated February 28,1967, and canned citrus juice, other, points in Maryland, Ohio, and at the same time and in the same vehicle served March 15, 1967, as amended, finds that the present and future public con Pennsylvania, (e) between Carteret, with the commodities authorized in (2) N.J., on the one hand, and, on the other, below, from the plantsite or facilities venience and necessity require operation by applicant, in interstate or foreign points in Allegany, Chemung, Living used by the Plymouth Citrus Products ston, and Steuben Counties, N.Y., (f) Cooperative at Plymouth, Fla., to points commerce, as a common carrier by motor vehicle, over irregular routes, of cement, from North Claymont, Del., to points in in Alabama, Georgia, Louisiana, Missis New York on and west of New York sippi, North Carolina, South Carolina, in bulk, from Avon, Ind., to points in Indiana, restricted to the transportation Highway 14, extending through Geneva and Tennessee, restricted to the trans and Elmira, N.Y., (g) between Balti- portation of traffic originating at the of traffic having a prior movement by rail from Fultonham, Ohio; that applicant more, Md., and Philadelphia, Pa., and said plantsite or facilities, and points in Livingston and Steuben Coun (2) Citrus fruits, and fruit sections is fit, willing, and able properly to per form such service and to conform to the ties, N.Y., (h) from Richmond, Va., and and salads (not canned and not frozen) Chicago, 111., to Hammondsport and in containers, when transported at the requirements of the Interstate. Com merce Act and the Commission’s rules Naples, N.Y., and (i) between New York, same time and in the same vehicle with N.Y., on the one hand, and, on the other, the canned citrus juice in (1) above, and regulations thereunder. points in New York. A supplemental Because it is possible that other par from points " in Alachua, Bradford, order of the Commission, Operating ties, who have relied upon the notice of Brevard, Broward, Charlotte, Citrus, Rights Board No. 1, dated February 13, Clay, Collier, Columbia, Dade, De Soto, the application as published, may have an interest in and would be prejudiced 1967, and served March 9, 1967, as Duval, Flagler, Gilchrist, Glades, Hardee, amended, finds that the present and fu by the lack of proper notice of the au Hendry, Hernando, Highlands, Hills ture public convenience and necessity i e- thority described in the findings in this borough, Indian River, Lake Lee, Levy, quire operation by applicant, in inter order, a notice of the authority actually Manatee, Marion, Okeechobee, Orange, state or foreign commerce, as a common granted will be published in the F e d e r a l Osceola, Palm Beach, Pasco, Pinellas, carrier by motor vehicle, over irreguia R e g is t e r and issuance of a certificate in Polk, Putnam, St. Johns, St. Lucie, Sara routes, of (1) brandy (except in buiki, sota, Seminole, Sumter, and Volusia this proceeding will be withheld for a in mixed loads with wine (presently period of 30 days from the date of such Counties, Fla., to points in Alabama, authorized), from Hammondsport, Georgia, Louisiana, Mississippi, North publication, during which period any to points in Connecticut, Delaware, proper party in interest may file an ap Carolina, South Carolina, and Tennessee, diana, Illinois, Maryland, Massachusetts. under a continuing contract with Seald- propriate petition for leave to intervene New Jersey, Ohio, Pennsylvania Rhone Sweet Sales, Inc. of Tampa, Fla., will be in this proceeding setting forth in detail Island, and Wisconsin, and to Charles consistent with the public interest and the precise manner in which it has been ton, W. Va., Detroit, Mich., Naples, «•*•- the national transportation policy; that so prejudiced. Richmond, Va., and.St. Louis, Mo., applicant is fit, willing, and able prop No. MC 112627 (Sub-No. 10) (Republi cation), filed July 19, 1966, published (2) Agricultural commodities (excep erly to perform such service and to con in bulk), the transportation of whic F e d e r a l R e g is t e r issue of August 25, form to the requirements of the would otherwise be partially exemp Interstate Commerce Act and the Com 1066, and republished, this issue. Appli cant; OWEN BROS., INC., Post Office under the provisions of section i mission’s rules and regulations there (6) of the Interstate Commerce under. Because it is possible that other Box 247, Dansville, N.Y. 14437. Appli cant’s representative Raymond A. Rich when moving in the same vehicle parties, who have relied upon the notice same time with brandy or wine ( of the application as published, may ard’s 25 Curtice Park, Webster, N.Y. 14580. By application filed July 19,1966, wise authorized), between points in NJJ have an interest in and would be York and Pennsylvania, on me prejudiced by the lack of proper notice applicant seeks a certificate of public FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4383 hand, and, on the other, points in Con Manchester, and Wallingford, Conn., interstate or foreign commerce, as a necticut, Delaware, Indiana, Illinois, Laconia, Plymouth, Portsmouth, and Sa common carrier by motor vehicle, over Maryland, Massachusetts , New Jersey, lem, N.H., and North Kingston and irregular routes, of (1) checks, audit, and New York, Ohio, Pennsylvania, Rhode Woonsocket, R.I.; that applicant is fit, accounting media, magnetic tape, punch Island, Wisconsin, and Charleston, W. willing, and able properly to perform paper tape, and .business papers and Va., Detroit, Mich.,'Richmond, Va., and such service and to conform to the re records (except cash letters), between St. Louis, Mo.; that applicant is fit, will quirements of the Interstate Commerce Providence, R.I., on the one hand, and, ing, and able properly to perform such Act and the Commission’s rules and reg on the other, points in Connecticut, service and to conform to the require ulations thereunder; and that the hold points in Bristol and Worcester Counties, ments of the Interstate Commerce Act ing by applicant of the certificate Mass., and points in Albany, Broome, and the Commission’s rules and regula authorized to be issued in this proceeding Nassau, Onondaga, and Westchester tions thereunder. Because it is possible and of the permits issued or authorized Counties, N.Y., and (2) invoices, inven that other parties, who have relied upon to be issued in Nos. 112750, MC 123486, tory control documents and business rec the notice of the application as pub and MC 123304 and subs thereunder, ords pertaining to general accounting lished,1 may have an interest in and following the issuance of the certificate and auditing of chain grocery stores (ex would be prejudiced by the lack of authorized to be issued in Nos. MC 111729 cept cash letters) between Boston, Mass., proper notice of the authority described (Sub-Nos. 169, 170, and 171), MC 126745 on the one hand, and, on the other, points in the findings in this order, a notice (Sub-No. 19), and MC 127431 (Sub-No. in Connecticut, Maine, New Hampshire, of the authority actually granted will be 8), will be consistent with the public and Rhode Island; that applicant is fit, published in the F e d e r a l R e g i s t e r and interest and the national transportation willing, and able properly to perform issuance of a certificate in this proceed policy. Because it is possible that other such service and to conform to the re ing will be withheld for a period of 30 parties, who have relied upon the notice quirements of the Interstate Commerce days from the date of such publication, of the application as published, may have Act and the Commission’s rules and regu during which period any proper party in an interest in and would be prejudiced lations thereunder; and that the holding interest may file an appropriate petition by the lack of proper notice of the au- by applicant of the certificate authorized for leave to intervene in this proceeding thority described in the findings in this to be issued in this proceeding and of setting forth in detail the precise man order, a notice of the authority actually the permits issued or authorized to be ner in which it has been so prejudiced. granted will be published in the F e d e r a l issued in Nos. MC 112750, MC 123486, and No. MC 112750 (Sub-No. 152) (Repub R e g is t e r and issuance of a certificate in MC 123304 and subs thereunder, follow lication), filed July 1, 1963, published this proceeding will be withheld for a ing the issuance of the certificate au F ederal R e g i s t e r issue of July 17, 1963, period of 30 days from the date of such thorized to be issued in Nos. MC 111729 and republished, this issue. Applicant: publication, during which period any (Sub-Nos. 169, 170, and 171), MC 126745 ARMORED CARRIER CORPORATION, proper party in interest may file an ap (Sub-No. 19), and MC 127431 (Sub-No. 222-17 Northern Boulevard, Bayside, N.Y. propriate petition for leave to intervene 8), will be consistent with the public (Retitled), AMERCIAN COURIER COR in this proceeding setting forth in detail interest and the national transportation PORATION, 222—17 Northern Boulevard, the precise manner in which it has been policy. Because it is possible that other Bayside, N.Y. Applicant’s representa so prejudiced. parties, who have relied upon the notice tive: Russell S. Bernhard, 1625 K Street No. MC 112750 (Sub-No. 159) (Repub of the application as published, may have NW., Washington, D.C. 20006. By appli lication) , filed August 19,1963, published an interest in and would be prejudiced cation filed July 1, 1963, applicant seeks F e d e r a l R e g is t e r issue of September 5, by the lack o f proper notice of the au a permit authorizing operations, in inter 1963, and republished this issue. Ap thority described in the findings in this state or foreign commerce, as a contract plicant: ARMORED CARRIER COR order, a notice of the authority actually carrier by motor vehicle, over irregular PORATION, 222-17 Northern Boulevard, granted will be published in the F e d e r a l routes, of (1) business papers, records, Bayside, N.Y. (Retitled), AMERICAN R e g is t e r and issuance of a certificate in and documents (excluding plant remov COURIER CORPORATION, 222-17 this proceeding will be withheld for a als) between Canton, Ohio, on the one Northern Boulevard, Bayside, N.Y. Ap period of 30 days from the date of such hand, and, on the other, Boyers, Pa., and plicant’s representative: Russell S. Bern- publication, during which period any (2) charge sales tickets, cash sales tick hard, 1625 K Street NW., Washington, proper party in interest may file an ap ets, charge credit sales tickets, refund D.C. 20006. By application filed August propriate petition for leave to intervene slips, cash register tapes, and accom 19, 1963, applicant seeks a permit in this proceeding setting forth in detail panying documents, between Braintree, authorizing operations, in interstate or the precise manner in which it has been ^ S'’ T?n the one hand, and, on the foreign commerce, as a contract carrier so prejudiced. i w r’JBranford« Manchester, and Wall by motor vehicle, over irregular routes, No. MC 118288 (Sub-No. 8) (Republi ingford, Conn., Laconia, Plymouth, of (1) checks, audit, and accounting Portsmouth, and Salem, N.H., and North cation) , filed February 1,1966, published media, magnetic tape, punch paper tape, F e d e r a l R e g is t e r issue o f February 25, Kingstown and Woonsocket, R.I. N o t e : and business papers and records (exclud 1966, and republished this issue. Appli haf pr.?posed service in (1) above will ing plant removals) for the account of oe for the account of the Timken Roller cant: STEPHEN F. FROST, 14750 Boyle the Wingate Computing Center of Hart Avenue., Fontana, Calif. By application Canton> Ohio, and in (2) ford, Conn., between Providence, R.I., on gnn ’,^or ^ e account of L. Grossman filed February 1, 1966, applicant seeks the one hand, and, on the other, points a certificate of public convenience and Dlemkni^’ of, Braintree, Mass. A sup- in Connecticut, points in Bristol and necessity authorizing operation, in inter o S i n l of the Commission, Worcester Counties, Mass., and points in operating Rights Board No. 1 dated state or foreign commerce, as a com Albany, Broome, Nassau, Onondaga, and mon carrier by motor vehicle, over ir IS e H L 24^ 1967’ and served March 9, Westchester Counties, N.Y., and (2) regular routes, of bananas, and fresh p u b l i c that the Present and future invoices, inventory control documents fruits, fresh vegetables and fresh ber operatif>n«VhmenceTand necessity require and business records pertaining to gen ries, when moving in the same vehicle appllcant in interstate or eral accounting and auditing of chain with bananas, from points in California, by mot/^?1 ^er,Ce’ 88 a common carrier grocery stores, for the account of Stop & to points in Idaho north of a line run Z S i L S « * °Ver irregular r<>utes, Shop, Inc., between Boston, Mass., on ning due east and west through Moscow, n e v L c l:? ? S? apers- records, and docu- the one hand, and, on the other, points Idaho, and including Moscow, Idaho. Canton o S H * C^ h letters)’ between in Connecticut, Maine, New Hampshire, Note: Applicant states he proposes to the othfJ^R0, on tbe one hand, and, on and Rhode Island. Boyers- Pa., and transport exempt commodities, on re N o t e : Common control may b e in turn. An order of the Commission, Op- ' tickets Sales tickets, cash sales volved. A supplemental order of the erating Rights Board No. 1. dated fund ’suis L T dit sales tiekets, re- Commission, Operating Rights Board No. February 21, 1967, and served March 15, accommnvir,na%h Tegister tapes and 1, dated January 24, 1967, and served 1967, finds that the present and future letters? bJtvfL d^ uments (except cash March 9, 1967, finds that the present public convenience and necessity require °ne hand Mass., on the and future public convenience and neces d< and on the other, Branford, operation by applicant, in interstate or sity require operation by applicant in foreign commerce, as a common carrier FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4384 NOTICES tract carrier by motor vehicle, over irreg by motor vehicle, over irregular routes, antennas, electrical testing equipment, electric phonographs, sportswear, car ular routes, of building materials, un of (1) bananas, and (2) fresh fruits, crated, from Middletown (Orange fresh vegetables and fresh berries, in washing equipment, and supplies, County), N .Y , to points in Wayne and mixed loads with bananas, from points vacuum cleaners and household appli ances, (2) parts, tools, and accessories Pike Counties, Pa., Sussex, Passaic, Ber in California, to points in that part of gen, Morris, Essex, Somerset, Union, and Idaho north of U.S. Highway 12; that used in the installation of the commodi ties in (1) above, and Middlesex Counties, N.J., and Litchfield applicant is fit, willing, and able properly and Fairfield Counties, Conn., under a to perform such service and to conform (3) Materials, supplies, and equip continuing contract with Wickes Lumber to the requirements of the Interstate ment (except commodities in bulk), used Commerce Act and the Commission’s in the manufacture, sale and distribu & Building Supplies, a division of the Wickes Corp., of Saginaw, Mich,, will be rules and regulations thereunder. Be tion of the commodities in (1) above, consistent with the public interest and cause it is possible that other parties, who between points in Luzerne and Lacka the national transportation policy; that have relied upon the notice of the ap wanna Counties, Pa., on the one hand, plication as published, may have an in and, on the other, points in Arizona, applicant is fit, willing, and able properly terest in and would be prejudiced by the Arkansas, California, Colorado, Idaho, to perform such service and to conform lack of proper notice of the authority Iowa, Kansas, Minnesota, Missouri, to the requirements of the Interstate described in the findings in this order, Montana, Nebraska, Nevada, New Commerce Act and the Commission’s a notice of the authority actually granted Mexico, North Dakota, Oklahoma, Ore rules and regulations thereunder. Be cause it is possible that other parties, who will be published in the F ederal R egister gon, South Dakota, Texas, Utah, Wash and issuance of a certificate in this pro ington, and Wyoming, and those points have relied upon the notice of the appli ceeding will be withheld for a period of in that part of Louisiana on and west of cation as published, may have an inter 30 days from the date of suclr publica U.S. Highway 171; that applicant is fit, est in and would be prejudiced by the lack tion, during which period any proper willing, and able properly to perform of proper notice of the authority de party in interest may file an appropriate such service and to conform to the re scribed in the findings in this order, a petition for leave to intervene in this quirements of the Interstate Commerce notice of the authority actually granted proceeding setting forth in detail the Act and the Commission’s rules and reg will be published in theFEDERAL R egister precise manner in which it has been so ulations thereunder. Because it is pos and issuance of a permit in this proceed sible that other parties, who have relied ing will be withheld for a period of 30 prejudiced. days_ from the date of such publication, No. MC 123631 (Sub-No. 1) (Republica upon the notice of the application as published, may have an interest in and during which period any proper party in tion) , filed July 19, 1966, published F ed would be prejudiced by the lack of proper interest may file an appropriate petition eral R egister issue of August 18, 1966, notice of the authority described in the for leave to intervene in this proceeding and republished this issue. Applicant; setting forth in detail the precise man GERALD DUIDO, doing business as G & findings in this order, a notice of the au thority actually granted will be published ner in which it has been so prejudiced. G FREIGHT LINES, 754 North James No. MC 127811 (Republication), filed Street, Hazleton, Pa. 18201. Applicant’s in the F ederal R egister and issuance of December 20, 1965, published F ederal representative: John W. Frame, Post Of a certificate in this proceeding will be withheld for a period of 30 days from R egister issue of January 20, 1966, and fice Box 626, 2207 Old Gettysburg Road, republished this issue. Applicant: Camp Hill, Pa. 17011. By application the date of such publication, during which period any proper party in inter BRYNWOOD TRANSFER COMPANY, filed July 19, 1966, applicant seeks a cer INC., 331 Ulysses Street NE., Minneap tificate of public convenience and neces est may file an appropriate petition for leave to intervene in this proceeding olis, Minn. 54418. Applicant’s represent sity authorizing operation, in interstate ative: Robert A. Minish, 900 Farmers or foreign commerce, as a common car setting forth in detail the precise man ner in which it has been so prejudiced. & Merchants Bank Building, Minneap rier by motor vehicle, over irregular olis, Minn. 55402. In the above-specified routes, of (1) games, toys, playground No. MC 1^7050 (Sub-No. 2) (Republi cation) , filed October 13, 1966, published proceeding, the examiner recommended apparatus and equipment, athletic and the granting to applicant a certificate of sporting equipment, transmitting and F ederal R egister issue of -November 3, 1966, and republished this issue. Appli public convenience and necessity author receiving sets, electric phonographs, izing operation, in interstate or foreign amusement outfits, mechanical devices, cant: CUSTOMER DELIVERY SERV ICE, INC., Rural Delivery No. 1, Mont commerce, as a common carrier by motor including parts, and tools and accessories vehicle, over irregular routes, of bulk necessary for the installation thereof, gomery, N.Y. Applicant’s representa tive: John J. Brady, Jr., 75 State Street, storage tank and smokestacks, which be (2) materials, supplies and equipment cause of unusual size or weight require used in connection wth the manufacture, Albany, N.Y. 12207. By application filed October 13, 1966, applicant seeks a per special handling and the use of special sale and distribution of games, toys, equipment, and (2) related parts and playground apparatus and equipment, mit authorizing operations, in interstate or foreign commerce, as a contract car equipment when transported in the same athletic and sporting equipment, trans vehicle at the same time with the com mitting and receiving sets, electric rier by motor vehicle, over irregular routes, of building materials, uncrated, modities described in (1) above, from phonographs, amusement outfits, and the plantsites of Brown Steel Tank Go., mechanical devices (except commodities transported in flatbed dump vehicles, (1) from Middletown, Orange County, Arrow Tank & Engineering, Wheeler in bulk, in tank vehicles), between points Tank & Manufacturing Co., and Min in Luzerne and Lackawanna Counties, N.Y., to points in Wayne and Pike Coun ties, Pa., Sussex, Passaic, Bergen, Morris, neapolis Tank & Manufacturing Co., an Pa., on the one hand, and, on the other, located in the Minneapolis-St. Pam. points in Arizona, Arkansas, California, Essex, Somerset, Union, and Middlesex Counties, N.J., and Litchfield and Fair- Minn., commercial zone, to points i Colorado, Idaho, Iowa, Kansas, Louisiana Iowa, North Dakota, South Dakota, Wis (on and west of U.S. Highway 171), Min field Counties, Conn., and (2) in inter plant operations» between the plantsites consin, and the Upper Peninsula oi nesota, Missouri, Montana, Nebraska, Michigan. A decision and order of Nevada, New Mexico, North Dakota, of Wickes Lumber & Building Supply Co., located in the town of Montgomery Commission, Operating Rights Re Oklahoma, Oregon, South Dakota, Texas, Board Number 3, dated February 2«, Utah, Washington, and Wyoming. An and Middletown, N.Y., on the one hand, and, on the other, plants located at 1967, and served March 10,1967, findt order of the Commission, Operating operation by applicant, in intersta Rights Board No. 1, dated February 21, Southington, Conn., and Succasunna and Phillipsburg, N.J., under a contract foreign commerce, as a common ca 1967, and served March 15, 1967, as by motor vehicle, over irregular ro > amended, finds that the present and with Wickes Lumber & Building Supply Co., Division of Wickes Corp. of Saginaw, of (1) bulk storage tanks and,s™ °„T future public convenience and necessity stacks, which because of unuswl require, operation by applicant, in inter Mich. weight require special handling a n _ state or foreign commerce, as a common An order of the Commission, Oper ating Rights Board No. 1, dated Febru use of special equipment, and (2) carrier by motor vehicle, over irregular parts and equipment when tra**ff°tlme routes, of (1) games, toys, playground ary 13, 1967, and served March 10, 1967, finds that operation by applicant, in in in the same vehicle at the m and athletic equipment, radio and tele with the commodities described in vision transmitting and receiving sets, terstate or foreign commerce, as a con? FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4385 above, from the plantsites of Brown Steel 30 days from the date of such publica N otice of F iling of P etitio n Tank Co., Arrow Tank & Engineering, tion, during which period any proper Wheeler Tank & Manufacturing Co., and party in interest may file an appropriate No. MC 116316 (Sub-No. 2) (Notice of Minneapolis Tank & Manufacturing Co., petition for leave to intervene in this pro Filing of Petition to Add an Additional all located in the Minneapolis-St. Paid ceeding setting forth in detail the precise Shipper to its Contract Carrier Perm it), Minn., commercial zone, to points in manner in which it has been so filed March 6, 1967. Petitioner: AR Iowa, North Dakota, South Dakota, Wis prejudiced. MORED MOTOR SERVICE OF ARI consin, and the Upper Peninsula of No. MC 130019 (Republication), filed ZONA, INC., Post Office Box 721, Michigan; that applicant is fit, willing, Phoenix, Ariz. 85001. Petitioner’s repre October 6, 1966, published F ederal R eg and able properly to perform such serv sentative: Earl H. Carroll, 363 North ister issue of November 3, 1966, and re ice and to conform to the requirements published this issue. Applicant: CON- First Avenue, Phoenix, Ariz. 85003. Pe of the Interstate Commerce Act and the LON TRAVEL, INC., doing business as titioner holds a Permit in No. MC 116316 Commission’s rides and regulations CONLON TRAVEL, 163 North Mechanic (Sub-No. 2) to conduct operations as a thereunder. A notice of the authority Street, Cumberland, Md. 21502. Appli contract carrier, by motor vehicle, over actually granted will be published in cant’s representative: Charles J. W il irregular routes, transporting: Coin, cur the F e d e r a l R e g i s t e r and issuance of a liams, 1060 Broad Street, Newark, N.J. rency, and securities, between Los Ange certificate in this proceeding will be 07102. By application filed October 6, les, Calif., on the one hand, and, on the withheld for a period of 30 days from the 1966, applicant seeks a license to engage other, points in Arizona, limited to a date of such publication, during which in operations as a broker at Cumberland, transportation service to be performed, period any proper party in interest, who Md., in arranging for transportation, in under a continuing contract, or contracts, may have relied upon the notice of the interstate or foreign commerce, of pas with the following shippers: First Na application as originally published and sengers and their baggage, in groups, tional Bank of Arizona, of Phoenix, Ariz., would be prejudiced by lack of proper destined for the same destination, in Valley National Bank of Phoenix, Phoe notice of the authority actually granted nix, Ariz., The Continental National herein, may file an appropriate pleading. round-trip all inclusive pleasure or va cation type tours, beginning and ending Bank of Phoenix, Ariz., and First Navajo No. MC 128224 (Republication), filed at Cumberland, Md., and extending to National Bank of Winslow, Ariz. By the May 19,1966, published F e d e r a l R e g i s t e r points in the United States. An order instant petition, petitioner requests the issue of June 9, 1966, and republished of the Commission, Operating Rights Commission to enter an order modifying this issue. Applicant: GEORGE F. Board No. 1, dated February 21, 1967, the restriction in its permit so as to JOHNSON, Rural Delivery No. 1, New and served March 14, 1967, finds that authorize service to an additional ship Stanton, Pa. Applicant’s representative: operation by applicant at Cumberland, per: The Southern Arizona Bank. Any John A. Vuono, 1515 Park Building, Md., as a broker in arranging for trans interested person desiring to participate, Pittsburgh, Pa. 15222. By application portation by motor vehicle, in interstate may file an original and six copies of filed May 19,1966, applicant seeks a per or foreign commerce, of passengers and his written representations, views, or ar mit authorizing operations, in interstate ice and to conform to the requirements of gument in support of, or against the or foreign commerce, as a contract car the Interstate Commerce Act and th e» petition within 30 days from the date of publication in the F ederal R egister. rier by motor vehicle, over irregular Commission’s rules and regulations there routes, of plastic mold steel and com their baggage, in round-trip tours, in spe A pplications for C ertificates or P ermits ponent parts thereof, between t h e cial and charter operations, beginning W h ic h A re T o B e P rocessed C oncur Borough of Youngwood, Westmoreland and ending at Cumberland, Md., and ex r ently W it h A pplications U nder S ec County, Pa., on the one hand, and, on the tending to points in the United States tio n 5 G overned b y S pecial R ule other, Hillside, N.J., Detroit, Mich., (including Alaska but excluding Hawaii) 1.240 to the E xtent A pplicable Chicago, HI., and Cleveland, Ohio. N o t e : will be consistent with the public interest No. MC 7573 (Sub-No. 4), filed March Applicant states that the above-proposed and the national transportation policy; operation will be restricted to a service 5, 1967. Applicant: LEHMAN CART that applicant is fit, willing, and able AGE INC., 1821 Middle Avenue, Elyria, to be performed under a continuing con properly to perform such service and to tract or contracts with D-M-E Corp. Ohio 44035. Applicant’s representative: conform to the requirements of the Inter John P. McMahon, 100 East Broad A supplemental order of the Com m ission, state Commerce Act and the Commis Operating Rights Board No. 1, dated Street, Columbus, Ohio 43215. Au sion’s rules and regulations thereunder; thority sought to operate as a common March 8,1967, and served March 14,1967, and that a license authorizing such op rnids that operation by applicant, in in- carrier, by motor vehicle, over irregular erations should be issued, subject to the and regular routes, transporting: Gen lerstate or foreign commerce, as a con- right of the Commission which is hereby ^. OAffier by motor vehicle, over ir- eral commodities (except household expressly reserved, to impose, after final goods as defined by the Commission, regular routes, of semifinished steel used determination of the proceeding in Ex commodities in bulk, and commodities “ Smanufacture of steel molds for the Parte No. MC-29 (Sub-No. 2), such terms « H ° f p]astics, between Youngwood requiring special equipment), regular and conditions, if any, as may be deemed routes: (1) Between Cleveland and i^tm oreiand County), Pa., on the one necessary to insure that the operations S S L *® “ ; °n the other, Hillside, N.J., Elyria, Ohio, over U.S. Highway 20, serv of applicant are limited to bona fide ing all intermediate points, (2) between land r o ^ 1Ch‘’ Chicag0- m > and Cleve- operations, as a broker of transportation with n ™ V ~ der a conWnuing contract Elyria and Lorain, Ohio, over Elyria- by motor vehicle of passengers and their Lorain Road (also over Ohio Highway S Pn?ow ' ElC0rp ’ of ^ tro it, Mich., will baggage, in special and charter opera titoS S S f?.Wlth the publicinterest and tions, in round-trip tours. Because it 57), serving all intermediate points, (3) between Lorain and junction Ohio High is possible that other parties, who have apphcaiHffitfrannb0rtation policy> that ways 254 and 611 over Ohio Highway to perform ha™ an issuance of a license in this proceeding over unnumbered county highway, serv ^ lack S n rn l,W0Uld be Prejudiced by will be withheld for a period of 30 days ing all intermediate points, (6) between described fi? o f,th e authority from the date of such publication, during a notice of th *n this order, which period any proper party in inter Lorain and junction Ohio Highway 254 will be pubShPadUfh°t^ty actually granted est may file an appropriate petition for and unnumbered county highway (known and iissnnnTl s S f Si 111 th tne e ■rEBBRAfi^ u e r a l R ege g: is t e r leave to intervene in this proceeding, as Pearl Avenue) over unnumbered coun ceeding wui h_o f a permit in this pro- setting forth in detail the precise manner ty highway, serving all intermediate g ™ ^ withheld for a period of in which it has been so prejudiced. points, (7) between Lorain, Ohio, and No. 55------7 FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 2 2 , 1967 4386 NOTICES between Lynden, Wash., and Seattle, junction Ohio Highway 57 and unnum Worcester and Charlton, Mass., from Worcester over Massachusetts Highway Wash., serving the intermediate and bered county highway (known as Elyria off-route points of Stanwood, Burlington, Avenue) over unnumbered county high 12 to Auburn, thence over U.S. High way 20 to Charlton, and return over the and Silvana, Wash., and those in Wash way, serving all intermediate points, (8) ington within 5 miles of Lynden, unre between Cleveland and North Olmsted, same route, serving the intermediate and off-route points .of Auburn and Oxford, stricted, and serving the intermediate Ohio, over Ohio Highway 10, serving all point of Bellingham, Wash., for joinder intermediate points, (9) between North and irregular routes: between points in Massachusetts. N o t e : Applicant states only; between Bellingham, Wash., and Olmsted, Ohio, and junction Ohio High the United States-Canada boundary line ways 254 and 252 over Ohio Highway it intends to tack at Boston, Mass., and points within 15 miles of Boston, and at the port of entry at or near Blaine, 252, serving all intermediate points, (10) Wash., between Bellingham, Wash., and between junction U.S. Highway 20 and also at intermediate points on U.S. High way 1 between Boston, Mass., and the the United States-Canada boundary line Ohio Highway 17 and Independence, at the port of entry at or near Sumas, Ohio over Ohio Highway 17, serving all Massachusetts-New Hampshire State line. This application is directly related Wash., serving no intermediate points, intermediate points, (11) between North and serving Bellingham for joinder only; Olmsted, Ohio, and junction U.S. High to MC-F 9683, published F e d e r a l R e g i s t e r issue of March 8, 1967. I f a hearing between Everett, Wash., and the United way 20 and unnumbered county , highway States-Canada boundary line at the port (known as Barton Road) over unnum is deemed necessary, applicant requests it be held at Boston, Mass. of- entry approximately 8 miles north of bered county highway, serving nil inter Oroville, Wash., serving no intermediate mediate points, restricted against serv A pplications U n d e r S e c t io n s 5 a n d points, between the junction of U.S. ice at North Olmsted, Avon, and Bay Vil 210a(b) Highways 2 and 97 (north of Wenatchee, lage, Ohio, also restricted at Independ The following applications are gov Wash.), and Spokane, Wash., serving no ence to service at locations on and north erned by the Interstate Commerce Com intermediate points, and serving the of Ohio Highway 17 (known also as mission’s special rules governing notice termini for purpose of joinder only, be Schaaf Road), including locations abut of filing of applications by motor car tween Seattle, Wash., and the United ting the south side thereof, and (12) riers of property or passengers under States-Canada boundary line at the port between Cleveland, Ohio, and junction sections 5(a) and 21a(b) of the Inter of entry at or near Eastport, Idaho, serv U S Highway 21 and Ohio Highway 18 state Commerce Act and certain other ing no intermediate points, between Spo over U.S. Highway 21, serving no inter proceedings with respect thereto (49 kane, Wash., and junction U.S. Highways mediate points, for purposes of joinder CFR 1.240). 195 and. 95 at or near Sandpoint, Idaho, only. Irregular route: Between Elyria, serving no intermediate points, and Ohio, on the one hand, and, on the other, M o t o r C a r r i e r s o p P r o p e r t y serving the termini for purpose of points in Ohio. N o t e : Applicant states No. MC F-9483 (Amendment) joinder only, between Seattle, Wash., and it intends to join or tack this proposed (CHEMICAL LEAMAN TANK LINES, Tacoma, Wash., serving no intermediate authority at points in Lorain- County, INC.) —Purchase (Portion) —R Y D E R points, and with service restricted to the Ohio, with presently held authorized au TRUCK LINES, INC. (TANK LINE DI transportation of traffic moving to or thority to serve points in Indiana, VISION) , published in the July 27,1967, from Alaska, between Lynden, Wash., Michigan, New York, Pennsylvania, and issue of the F e d e r a l R e g i s t e r , on page and Bellingham, Wash., serving all in West Virginia. This application is a 10166. Amendment filed March 7, 1967, termediate points; ground peat, over ir matter directly related to Docket No. Applicant seeks to (1) acquire control of regular routes, from the port of entry at MC-F-9690, published F e d e r a l R e g i s t e r RYDER TRUCK LINES, INC., through or near Blaine, Wash., on the United issue of March 15, 1967. If & hearing is purchase of capital stock, and (2) ‘pur States-Canada boundary line to points deemed necessary, applicant requests it chase operating rights and physical as in Pierce and Thurston Counties, Wash., be held at Columbus, Ohio. sets of Tank Line Division of RYDER from the port of entry at or near No. MC 28536 (Sub-No. 13), filed Feb TRUCK LINES, INC., in lieu of purchase Blaine, Wash., on the United States- ruary 24, 1967. Applicant: FOX & originally proposed. Amended applica Canada boundary line to points in What GINN, INC., 12 Howard Lane, Bangor, tion has been filed for temporary au com, Skagit, Snohomish, King, and Maine’ 04402. Applicant’s representa thority under section 210a (b ). Pierce Counties, Wash.; berries, fresh tive: Kenneth B. Williams, 111 State No. MC-F-9692 (Correction) (BENNY and frozen, processed and unprocessed, Street, Boston, Mass. 02109. Authority DeFAZIO)—Purchase (Portion)—M. H. in containers, in seasonal operations be sought to operate as a common carrier, MUMMEL, filed in the March 15, 1967, tween May 15 and October 1, °* ea?n by motor vehicle, over regular and irreg issue of the F e d e r a l R e g i s t e r , on page year, from Sumas and Lynden, Wasn., ular routes, transporting: General com 4102. Applicant seeks to purchase and and points in Washington within 5 miles modities (except those of unusual value, temporarily lease the entire operating of Lynden, to points in Whatcom, Skagit, classes A and B explosives, household rights and property of M. H. HUMMEL, Snohomish, King, and Pierce Coimne, goods as defined by the Commission, new doing business as HUMMEL TRUCKING Wash., and pyrite cinders, from the po furniture, uncrated, commodities in COMPANY, in lieu of a portion as in of entry on the United States-Canada bulk, and those requiring special equip advertently stated in the prior notice. boundary line at or near Blaine, Wash., ment) ; regular routes: (1) Between No. MC-F-9693. Authority sought for to Bellingham, Wash. Vendee is au Worcester and Boston, Mass., from purchase by OREGON-NEVADA-CALI- thorized to operate as a common ca Worcester over Massachusetts Highway 9 FORNIA FAST FREIGHT, INC., 2800 Her in Oregon, California, Nevada, an to Boston (also from Worcester oyer West Bayshore Road, Palo Alto, Calif. Washington. Application has been Massachusetts Highway 9 to junction 94303, of a portion of the operating rights for temporary authority under s U S. Highway 20, thence over U.S. High and certain property of LYNDEN 210a(b). . . for way 20 to Boston), and return over the TRANSFER, INC., Post Office Box 433, No. MC-F-9694. A u t h o r it y ^ h t f1" same routes, serving the intermediate purchase by JACK GRAY.TRANSPORT, and off-route points of Shrewsbury, Lynden, Wash. 98264, and for acquisi Northboro, Marlboro, Framingham, Sud tion by CARROLL J. ROUSH, D. P. INC., 3200 Gibson Transfer R ° a d ’ bury, Weyland, W eston, "Waltham, ROUSH, and G. JON ROUSH all also of mond, ind. 46323, o f th* Watertown, Cambridge, Westboro, Hop- Palo Alto, Calif., of control of such rights rights of HERMAN C. JIN K IN ’ kinton, Ashland, Natick, Wellesley, and and property through the purchase. business as J. & H. TRUCKING CC, Newton, Mass., (2) between Worcester Applicants’ attorneys: John R. Turney, 4010 West Fourth Avenue, Gary, * and Oxford, Mass., from Worcester over 342 West Vista Avenue, Phoenix, Ariz. 46406, and for acquisition by JOB Massachusetts Highway 9 to Leicester, 85021, and Turney, Major, Sherfy & Sage, GRAY, JR., also of pur- and thence over Massachusetts High 2001 Massachusetts Avenue NW., Wash control of such rights throug . ejr0(ji way 56 to junction ^Massachusetts High ington, D.C. 20036. Operating rights chase. Applicants’ attorneys. * glle way 12, and thence over Massachusetts sought to be transferred: General com Goodman & Steiner, Highway 12 to Oxford, and return over modities, excepting, among others house Street, Chicago, 111. 60603. p m the same route, serving the intermediate hold goods and commodities in bulk, as rights sought to be transferred. SM, point of Leicester, and (3) between a common carrier over regular routes, r e n d a i d c a ic t e b v ftl 3 5 . NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4387 bulk, in dump trucks, as a common car ERS, INC., 1944 Williams Street, San trolled and merged: Under a certificate rier, over irregular routes, from Gary, Leandro, Calif. 94577, of a portion of the of registration, in Docket No. MC-98677 Ind., to certain specified points in Illinois operating rights of CONVOY COM Sub-1, covering the transportation of and Wisconsin; gravel, crushed lime PANY, 3900 Northwest Yeon Avenue, commodities generally, as a common car stone, and sand, in bulk, in dump trucks, Portland, Oreg. 97210, and for acquisi rier in intrastate commerce, within the from points in Waukesha County, Wis., tion by R. H. BERRY, also of San Lean State of Nevada. McLEOD TRUCKING, to certain specified points in Illinois, dro, Calif., of control of such rights INC., is authorized to operate as a com from points in Racine County, Wis., to through the purchase. Applicants’ at mon carrier in California and Nevada. points in Du Page County, 111. ; gravel and torneys: Marvin Handler, 405 Mont Application has been filed for temporary sand, in bulk, in dump trucks, from gomery Street, San Francisco, Calif. authority under section 210a(b). Note: South Beloit, 111., to points in Rock 94104, and John G. Lyons, 1418 Mills MC-45057 Sub-18 is a matter directly County, Wis.; and matérialité, in bulk, Tower, San Francisco, Calif. 94104. related. in dump trucks, from points in La Salle Operating rights sought to be trans No. MC-F-9700. Authority sought for County, 111., to certain specified points in ferred: Trucks, truck chassis, and truck- purchase by BRANSON TRUCK LINE, Wisconsin. Vendee is authorized to tractors, and parts and accessories of the INC., 1309 Highway 56 East, Lyons, operate as a common carrier in Indiana, described vehicles which are moving at Kans., of the operating rights and cer Illinois, Iowa, Missouri, Michigan, Min the same time and with the vehicle of tain property of FEASTER TRUCKING nesota, Wisconsin, Ohio, Kentucky, which they are a part and on which they SERVICE, INC., Clafiin, Kans., and for Pennsylvania, West Virginia, and Ne are to be installed, in initial movements acquisition by A. L. BRANSON, ARLEEN braska. Application has not been filed by the drivfeaway method, as a common R. BRANSON, both also of Lyons, Kans., for temporary authority under section carrier, over irregular routes, from Port 210a(b). and LAVONDA F. ODELL, 1510 Pleasant land, Oreg., to points in the United Street, Hutchinson, Kans., of control of No. MC-F-9695. Authority sought for States, west of a line commencing at the such rights and property through the purchase by H. J. JEFFRIES TRUCK Gulf of Mexico and extending along the purchase. Applicants’ attorneys: John LINE, INC., Post Office Box 94850, Okla Mississippi River to the point of intersec E. Jandera, 641 Harrison, Topeka, Kans., homa City, Okla. 73109, of a portion of tion of the eastern and southern bound and Leland M. Spurgeon, Casson Build the operating rights of SYKES TRANS aries of the State of Minnesota, thence ing, Topeka, Kans. Operating rights PORT COMPANY, Post Office Box L, along the eastern boundary of the State sought to be transferred: Clay products, Madisonville, K y. 42431, and foi* acqui of Minnesota to the international bound as a common carrier, over irregular sition by H. J. JEFFRIES, also of Okla ary between the United States and routes, from certain specified points in homa City, Okla., of control of such Canada. Vendee is authorized to oper Kansas, to points in Nebraska, Iowa, rights through the purchase. Applicants’ ate as a common carrier in all points in attorneys: James W. Hightower, 136 Oklahoma, New Mexico, Colorado, the United States (except Hawaii). Ap Wyoming, Missouri, except points in the Wynnewood Professional Building, Dal plication has not been filed for temporary las, Tex. 75224, and Robert M. Pearce, St. Louis, Mo., and Springfield, Mo., com authority under section 210a(b). mercial zones, as defined by the Commis 1033 State Street, Bowling Green, Ky. No. MC-F-9698. Authority sought for 42101. Operating rights sought to be sion, and certain specified points in purchase by TRUCK TRANSPORT, IN Texas, from certain specified points in transferred: Lumber, as à common car CORPORATED, 707 Market Street, St. rier, over irregular routes, from points Oklahoma, to points in Kansas, Ne Louis, Mo. 63101, of a portion of the oper braska, Iowa, New Mexico, Colorado, in New Mexico, to St. Louis, Mo., points ating rights of CLEXTEX TRUCKING, in Kentucky, Tennessee, Wisconsin, Illi Wyoming, Missouri (except St. Louis, St! INC., Cleburne, Tex., and for acquisition Charles, and Springfield, Mo.), and cer nois, and Indiana (except from Albu by ROBERT B. SCHILLI, 1931 North querque and Santa Fe, N. Mex., to tain specified points in Texas, from the Geyer Road, St. Louis, Mo., of control of plantsites of Adel Clay Products Co. lo Chicago, HI., and points in the Chicago, such rights through the purchase. Ap hi., commercial zone, as defined by the cated at Redfield and Centerville, Iowa, plicants’ attorney: Thomas F. Kilroy, to points in Kansas, Missouri, and Okla Commission). Vendee is authorized to 1341 G Street NW., Washington, D.C. homa, and that part of Nebraska west of operate as a common carrier in Okla 20005. Operating rights sought to be homa, Illinois, Kansas, Texas, Arkansas, U.S. Highway 281, from Denver, Colo., to transferred: Lime, in bulk (except points in Iowa, Kansas, Missouri, Ne Missouri, New Mexico, Indiana, Louisi- lime used for agricultural purposes), as ana^iowa, Colorado, Wyoming, Montana, braska, Oklahoma, Texas, Wyoming, and a common carrier, over irregular routes, certain specified points in New Mexico, North Dakota, South Dakota, Nevada, from Limedale, Ark., to points in Okla rennessee, Nebraska, Ohio, Alaska, Mon- from the plantsite of Cloud Ceramics homa, Missouri, Illinois, Kentucky, Ten Co., located near Concordia, Kans., to Utah. Application has not nessee, Mississippi, Louisiana, Alabama, en tiled for temporary authority under points in Iowa, Nebraska, Wyoming, Mis and Texas, except Houston and points in souri (except points in the St. Louis, Mo., section 210a(b). Texas within 50 miles thereof; and lime, MC-F-9696. Authority sought for commercial zone, as defined by the Com in bulk, from Limedale, Ark., to points in mission) , and that part of Colorado on CHECKER e x p r e s s CO., Colorado, Kansas, Arizona, and New and east of U.S. Highway 87, from Wi, M°ntana street, Milwaukee, Mexico. Vendee is authorized to operate Fredonia, Kans., to points in Nebraska D rrL ÏÏ,5; ^ the operating rights and as a common carrier in all points in the from Nebraska City, Nebr., to points in ^ of MEY TRANSFER, INC., Post United States (except Alaska and Ha Kansas, Iowa, Missouri, and Oklahoma; acmi?Ci?°X u26, NewburS. Wis., and for waii). Application has been filed for and in pending Docket No. MC-117651, ^lUisition by HYMAN J. LEWENSOHN, temporary authority under section Ï Ï 2 , L ^ w a u k ee, Wis., of control of 210a(b). Sub-9, seeking a certificate of public convenience and necessity, covering the purchfÎhtS Aandv Property through the No. MC-F-9699. Authority sought for transportation of clay products, as a RichaîTi ^PPkeaPts’ representative: control and merger by McLEOD TRUCK common carrier, over irregular routes, Straft m Hebhoiz, 960 West Montana ING, INC., Post Office Box 366, Reno, heree£ i i ÜWaUkee- Wis. 53215. Operat- from Mason City, Iowa, and points with Nev., of the operating rights and prop in 10 miles thereof to points in Missouri, Undprga^ ^H^kt to be transferred: erty of CARSON VALLEY FREIGHT Kansas, Nebraska, and Oklahoma. Ven Docket No^ m S jo m ts ¿ X is,tratlon.to LINES, INC., Post Office Box 112, Reno, dee is authorized to operate as a common thp iU4° ‘ 6 Sub-2, covering Nev., and for acquisition by JOHN TOM carrier in all points in the United States mon carH?at-10n -of Property, as a com- ROSS, 1289 East Fifth Street, Reno, (except Alaska, Hawaii, and the District within th^GQ+ P lntrastate commerce, Nev., of control of such rights and prop of Columbia). Application has been is aShon>Prttat e ° f Wisconsin- Vendee erty through the transaction. Appli filed for temporary authority under sec carrier in wfc ?perate as a common cants’ attorneys and representative: Sil tion 210a(b). nesota ^ ‘fonsin, Illinois, Iowa, Min- ver, Rosen & Kerr, Attention: Martin J. Sub-No ,,d .Indlana- Note: MC-68980 No. MC-F-9701. Authority sought for Rosen, 140 Montgomery Street, San purchase by DANCE FREIGHT LINES, No. MC-Fi qfiaQ7maAteLdirectly elated. Francisco, Calif., and James J. Halley, INC., 254 New Circle Road NE., Lexing Purchaseuse bvby 9m INSURED l'TT ^ i h<^ TRANSPORT- y ®°ueht for First National Bank Building, Reno, ton, Ky., of a portion of the operating Nev. Operating rights sought to be con rights and certain property of ED- FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4388 NOTICES WARD POOL, doing business as POOL Highway 1 to points in North Carolina the appendices thereto, will be at the FREIGHT LINE, 103 East Avenue, on and east of U.S. Highway 15. ESTES time of offer, subject to the same rules Greenville, S.C., and for acquisition by EXPRESS LINES is authorized to oper as if the evidence were produced in the R. L. Dance, 920 Dance Court, Cincin ate under certificates of registration usual manner. nati, Ohio, of control of such rights and within the State of Virginia. Additional (5) Supplemental testimony by a wit property through the purchase. Appli authority was granted by order dated ness to correct errors or to supply in cants’ attorneys: Frank A. Graham, Jr., October 19, 1966, as modified by order advertent omissions in his written state 707 Security Federal Building, Colum dated January 5, 1967, by the Commis ment is permissible. bia, S.C. 29201, and George, Greek, King sion, Finance Board No. 1, in MC—F—9292. No. MC 2900 (Sub-No. 150) (Amend & McMahon, 100 East Broad Street, Co Application has been filed for temporary ment) , filed October 3, 1966, published in lumbus, Ohio 43215. Operating rights authority under section 210a(b). Federal R egister issue of October 27, 1966, amended March 3, 1967, and re sought to be transferred: A portion un By the Commission. der a certificate of registration in No. published as amended, this issue. Ap MC-98138, Sub-1, covering the transpor [ seal] H. N eil G arson, plicant: RYDER TRUCK LINES, INC., tation of commodities in general, as a Secretary. Post Office Box 8418, Greensboro, N.C. 27410. Applicant’s representatives: common carrier in intrastate commerce, [F .R . Doc. 67-3107; F ile d , M ar. 21, 1967; Reagan Sayers and Clayte Binion, Post within the State of South Carolina. 8:47 a.m .] Vendee i£ authorized to operate as a Office Drawer 17007, Fort Worth, Tex. common carrier in Ohio, Georgia, Ken Authority sought to operate as a common tucky, Tennessee, South Carolina, North [Notice 1040] carrier, by motor vehicle, over irregular routes, transporting; Chemicals, petro Carolina, Illinois, Indiana, and Alabama. leum, and petroleum products, in bulk, in Application has not been filed for tem MOTOR CARRIER APPLICATIONS AND tank vehicles, from the plantsite of Mon porary authority under section 210a(b). CERTAIN OTHER PROCEEDINGS santo Co. at or near Luling, La., to points N o te : MC-107475, Sub-62 is a matter M arch 17, 1967, in the United States (except Alaska and directly related. Hawaii). Restriction: The authority No. MC-F-9702. Authority sought for The following publications are gov erned by Special Rule 1.247 of the Com sought herein is restricted to traffic orig control and merger by ESTES EXPRESS inating at Luling, La., and destined LINES, 1405 Gordon Avenue, Richmond, mission’s rules of practice, published in the F ederal R egister issue of April 20, to the States named. N ote: (1) The Va., of the operating rights and property purpose of this republication is to re of CAROLINA-NORFOLK TRUCK 1966, which became effective May 20, 1966. describe the commodity description, (2) LINE, INC?, 2412 Virginia Beach Boule to add the restriction, and (3) to omit vard, Norfolk, Va., and for acquisition by The publications hereinafter set forth reflect-the scope of the applications as the tacking information as previously WEBB W. ESTES, 585 Boyd Street, published, and (4) to reflect the hearing Chase City, Va., of control of such rights filed by applicant, and may include descriptions, restrictions, or limitations information. and property through the transaction. HEARING: April 17, 1967, in Room Applicants’ attorney: Francis W. Mc- which are not in a form acceptable to the Commission. Authority which ulti 13003, Federal Office Building, 701 Loyola Inemy, Suite 502, 1000 16th Street NW., Avenue, New Orleans, La., before Ex- Washington, D.C. 20036. Operating mately may be granted as a result of the applications here noticed will not neces aminer James J. Carr. ... rights sought to be controlled and No. MC 107002 (Sub-No. 325) merged: General commodities, except sarily reflect the phraseology set forth (Amendment) , filed July 21, 1966, pub ing, among others, household goods and in the application as filed, but also will lished F ederal R egister issue of Au commodities in bulk, as a common car eliminate any restrictions which are not acceptable to the Commission. gust 18, 1966, amended March 7, 1967, rier, over regular routes, between Nor and republished as amended, this issue. folk, Va., and Wilmington, N.C., serving A pplications A ssigned for O ral Applicant: HEARIN-MILLER TRANS the plantsite of the Texas Gulf Sulphur H earing PORTERS, INC., Post Office Box 1123, Co., approximately 8 miles from Aurora, MOTOR CARRIERS OF PROPERTY Jackson, Miss. Applicant’s representa N.C., as an off-route point, between Nor tive: Harry C. Ames, Jr., 529 Transpor folk, Va., and Goldsboro, N.C., between The applications immediately follow tation Building, Washington, D.C. 20006. Norfolk, Va., and Fayetteville, N.C., be ing are assigned for hearing at the time Authority sought to operate as a com tween Norfolk, Va., and Charlotte, N.C.; and place designated in the notice of fil mon carrier, by motor vehicle, over vc~ between Norfolk, Va., and High Point, ing as here published in each proceed regular routes, transporting: Acids ana, N.C., serving the off-route points of ing. All of the proceedings are subject Chemicals, including anhydrous am Roanoke Rapids and Thomasville, N.C.; to the Special Rules of Procedure for monia, and petroleum and petroleum between Norfolk, Va., and Raleigh, N.C., Hearing outlined below: oroducts, in bulk, in tank vehicles, from serving certain off-route points; between ‘ S pecial R ules of P rocedure for H earing ;he plantsite of Monsanto Chemical co. Norfolk, Va., and Salisbury, N.C., serving (1) All of the testimony to be adduced it or near Luling, La., to points in tn the intermediate points of Franklin, Va., United States (except Alaska ana and those on U.S. Highway 58 between by applicant’s company witnesses shall be in the form of written statements Hawaii), restricted to traffic origmating Franklin and Norfolk, Va., restricted to it Luling, La. N ote: Applicant stares which shall be submitted at the hearing delivery on eastbound shipments, and this proposed authority could be tackea at the time and place indicated. pickup on westbound shipments; and all at Luling, La., with other presently hem other intermediate points on the above- (2) All of the written statements by applicant’s company witnesses shall be authorized authority. The purpose ^ specified routes without restriction; be this renublication is to change the c __ tween Salisbury, N.C., and Charlotte, offered in evidence at the hearing in the N.C., not serving between the terminal or same manner as any other type of evi to or from intermediate points; petro dence. The witnesses submitting the ^formation. HEARING: April 17, 1967, in Room leum products, roofing and roofing ma written statements shall be made avail 3003, Federal Office Building, ^ terials, lard, lard substitutes, and cooking able at the hearing for cross-examina and salad oils, over irregular routes, from tion, if such becomes necessary. lOyola Avenue, New Orleans, La., be Norfolk, Va., to points in North Carolina; (3) The written statements by ap Ixaminer James I. Carr. General commodities, with exceptions as plicant’s company witnesses, if received No. MC 111401 (Sub-No. 218) R ' specified above, between Richmond, Va., in evidence, will be accepted as exhibits. iublication), filed February 21, on the one hand, and, on the other, To the extent the written statements »ublished in the F ederal R egkter _ larch 9, 1967, and republished this; i Ahoskie, N.C., and points in that part of refer to attached documents such as ue. Applicant: GROENDYKê North Carolina within 55 miles of copies of operating authority, etc., they Ahoskie, between points in South Caro should be referred to in written state [RANSPORT, INC., 2510 Roj* Is lina, on the one hand, and, on the other, ment as numbered appendices thereto. ioulevard, Post Office Box J » * “ * Norfolk, Va., from Baltimore, Md., and (4) The admissibility of the evidence )kla. 73701. Authority sought r places in Virginia, on and east of U.S. contained in the written statements and irate as a common carrier, by m FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 NOTICES 4389 hide, over irregular routes, transport Term. 38474. Applicant’s representa (Emergency Routé) via U.S. Route 29, ing: j Chemicals, petroleum, and petro tive: Clarence Evans, 710 Third National and return. Both intrastate and inter leum products, from Luling, La., to Bank Building, Nashville, Term. Certif state authority sought. points in the United States (excluding icate of public convenience and neces HEARING: Monday, April 17, 1967, at Alaska and Hawaii). N o t e : Applicant sity sought to operate a property service 10 a.m., Virginia State Corporation states it intends to tack Luling, La. with as follows: Transportation of general its present authority. The purpose of Commission, Courtroom, Blanton Build commodities"' between Nashville and ing, Richmond, Va. Requests for pro this republication to reflect the hearing Columbia, Tenn., via Tennessee Highway information. cedural information, including the time 6 (U.S. Highway 31), serving no inter for filing protests, concerning this ap HEARING: April 17, 1967, in Room mediate points; with this authority to be 13003, Federal Office Building, 701 plication should be addressed to the used in conjunction with applicant’s ex Commonwealth of Virginia, State Corpo Loyola Avenue, New Orleans, La., before isting authority, applicant seeks no du Examiner James I. Carr. ration Commission, Post Office Box 1158, plicating authority, and the issuance of Richmond, Va., 23209, and should not No. MC 116077 (Sub-No. 203) (Amend the above authority may be accomplished ment), filed July 21, 1966, published be directed to the Interstate Commerce by amending applicant’s present intra Commission. in the F e d e r a l R e g is t e r issue of Au state certificate, by changing the limita gust 18, 1966, amended February 15, tions thereon from reading “ does not au State Docket No. 10001, filed March 3, 1967, and republished this issue. Appli thorize the transportation of local freight 1967. Applicant: ASWELL P. PITRE cant: ROBERTSON TANK LINES, INC., between Columbia and Nashville and in AND RONALD F. STORY, a partnership, 5700 Polk Avenue, Post Office Box 9527, termediate points “ to read” does not au doing business as SOUTHEASTERN Houston, Tex. 77011. Applicant’s repre thorize and service at any point between MOTOR FREIGHT, 4320 Hessmer sentative: Thomas E. James, 721 Brown Nashville and Columbia, but not includ Street, Post Office Box 786, Metairie, La. Building, Austin, Tex. 78701. Authority ing Nashville or Columbia. Applicant 70004. Applicant’s representative: Har sought to operate as a common carrier, also seeks authority between Nashville old R. Ainsworth, 2307 American Bank by motor vehicle, over irregular routes’ and Columbia over the following de Building, New Orleans, La. 70130. Cer transporting: Acids and chemicals, scribed alternate route. From Nashville tificate of public convenience and ne including anhydrous ammonia and pe via Interstate Highway 65 to its junction cessity sought to operate a freight serv troleum and petroleum products, in bulk, with Tennessee Highway 99, and thence ice as follows: Transportation of general in tank vehicles, from the plantsite of via Tennessee Highway 99 to Columbia, commodities, (1) between New Orleans, Monsanto Co. at or near Luling, La., to and return over the same route. No La., and the intersection of Ijouisiana points in the United States except Alaska service would be authorized at any inter Highway 48 with U.S. Highway 61, near and Hawaii. Restriction: The authority mediate point on this route. Both intra Norco, La., as follows: From New Or is restricted to traffic originating at Lu state and interstate authority sought. leans, La., over Louisiana Highway 48 to ling, La., and destined to the states its intersection with U.S. Highway 61, HEARING: Wednesday, May 10, 1967, near Norco, La., in both directions, serv named. N o t e : The purpose of this re at the Commission’s Court Room C-l, publication is to change the scope of the Cordell Hull Building, Nashville, Tenn., ing all intermediate points, (2) between application, and add hearing informa the intersection of Louisiana Highway tion. at 9:30 a.m. Requests for procedural in formation, including the time for filing 628 with the intersection of U.S. High iof£A™ ; April 17> 1967, in Room protests, concerning this application, way 61 at or near the Bonnet Carre Spillway, and Laplace, La., as follows: 13003, Federal Office Building, 701 should be addressed to Tennessee Pub Loyola Avenue, New Orleans, La., before lic Service Commission, Cordell Hull From the intersection of Louisiana High Examiner James I. Carr. Building, Nashville, Tenn. 37219, and way 628 with U.S. Highway 61 at or near the Bonnet Carre Spillway, over Louisi By the Commission. should not be directed to the Interstate Commerce Commission. ana Highway 628 to its intersection with Louisiana Highway 44, at or near La *-SEALl H . N e i l G a r s o n , State Docket No. CC—6995, filed Janu Secretary. place, La., thence over Louisiana High ary 3, 1967. Applicant: JAMES BEN way 44 to Burnside, La., thence over [F.R. Doc. 67-3108; F iled , M ar. 21, 1967; TON MOORE, Trading As J. B. MOORE, 8:47 a.m .] Louisiana Highway 142 to its intersec 525 Alleghany Avenue, Lynchburg, Va. tion with Louisiana Highway 22 to Sor Applicant’s representative: William B. rento, La., thence over U.S. Highway 61 Smith, 903 Court Street, Lynchburg, Va. to Laplace, La., in both directions, serv 0F F,L,NG OF MOTOR CAR Certificate of public convenience and RIER in tr a st a t e applications ing all intermediate points, (3) between necessity sought to operate a freight Union, La., and Sorrento, La., over Louis M a r c h 17, 1967. service as follows; Transportation of iana Highway 22, in both directions, serv property, having a prior or subsequent ¿ f° llowi.ng applications for moto ing all intermediate points, and (4) be C on, carner authority to operate ii movement by air between Lynchburg tween New Orleans, La., and a point on 2 f nate .commerce seek concurren Municipal Airport (Preston Glenn Air Louisiana Highway 18, 5 miles beyond authorization In lnterstat. port) in Campbell County, Va., and the Taft, La., as follows: From New Orleans, following places over routes as described: La. over U.S. Highway 90, to Bouttei S e l S , Cfmmf rce wltWn tlle limits o Lynchburg via U.S. Route 29, and return, toserH?i,taiL arUtshority sought> pursuan La., thence over Louisiana Highway 52 to CommpTv*« 206(a) (6) of the Interstati Bedford via State Route 297 or U.S. Luling, La., thence over Louisiana High Route 460, and return, Hurt via U.S. 1962^™ Act’ as. amended October 15 way 18 to a point 5 miles beyond Taft, Route 29, and return, Altavista via U.S. La., in both directions, serving all inter by Sr>P^fS?> alPplications are governec Route 29, and return, Big Island via U.S. a o n - S , R,ule 1245 01 "Ml Cominis- mediate points. Both intrastate and Routes 29 and 501, and return, Appomat interstate authority sought. Federa^ P p 0f practlce> published in th< tox via U.S. Routes 29 and 460, and re Page lssue of APrU H. 1963 turn, Glasgow via U.S. Routes 29 and HEARING: Not known at this time. things provides> among othe; 501, and return, Buena Vista via U.S. Requests for procedural information, iormatiS, protests and requests for in- Routes 29 and 501, and return, Lexington including the time for filing protests, of Z i ° r Z nCernmg the time and Placi via U.S. Routes 29, 501, and 60, and re concerning this application, should be ProcSdings” ^ 81011 i eanngs or> othei turn, Piney River via U.S. Route 29 and addressed to the Louisiana Public Serv therein and an? subsequent changes State Route 151, and return, Amherst ice Commission, Baton Rouge, La., and shall be related mattei via U.S. Route 29, and return, Gretna should not be directed to the Interstate sion with the State Commis- via U.S. Route 29, and return, Brook- Commerce Commission. and shall nn?i? aPPhcation is filed neal via U.S. Routes 29 and 501, and By the Commission. the InterSS ddressed to or filed with return, Dulles International Airport State S i? iiL ^ mi]lerCe C(>miuission. [ s e a l ] h . N e i l G a r s o n , (Emergency Route) via U.S. Route 29, Warch 6 l S * * 0, 993 Sub 1. « e d Secretary. ANT TRAVPwi^PpUcant: M T- PLEAS- State Route 28, and U.S. Route 50, and TRANSFER, INC., Mt. Pleasant, [F.R. Doc. 67-3109; Filed, Mar. 21, 1967; return, National Airport, Alexandria, Va. 8:47 a.m .] FEDERAL REGISTER, VOL. 32, NO. 55— WEDNESDAY, MARCH 22, 1967 4390 NOTICES [N o tic e 14931 ginia, and Washington, D.C., and Balti Gallagher, 111 State Street, Boston, more, Md.; and caskets and empty cas Mass. 02109, attorney for transferee; and MOTOR CARRIER TRANSFER ket containers between Woodland, N.C., Albert Pepin, 8 Beach Road, Sharon, PROCEEDINGS and points within 10 miles thereof, on Mass. 02067, representative for trans the one hand, and, on the other, points feror. M a r c h 17,1967. in 11 eastern States and the District of No. MC-FC-69500. By order of March Synopses of orders entered pursuant Columbia. Robert M. Martin, North 14, 1967, the Transfer Board approved to section 212(b) of the Interstate Com Carolina National Bank Building, Post the transfer to Tennyson Transfer & merce Act, and rules and regulations Office Box 569, High Point, N.C., attor Storage, Inc., Boise, Idaho, of the operat prescribed thereunder (49 CFR Part ney for applicants. ing rights in certificate No. MC-105334 179), appear below: No. MC-FC-69447Ì. By order of March (Sub-No. 1), issued December 27, 1963, As provided in the Commission’s spe 14, 1967, the Transfer Board approved and authority to engage as a broker in cial rules of practice any interested per the transfer to Andrew Leila and Frank License No. MC-12376, issued May 28, son may file a petition seeking reconsid Leila, a partnership, doing business as 1948, to Howard Tennyson, doing busi eration of the following numbered pro Leila Bros., Brooklyn, N.Y., of the op ness as Tennyson Transfer & Storage ceedings within 20 days from the date erating rights in certificate No. MC— Co., Boise, Idaho, covering the transpor of publication of this notice. Pursuant 112324, issued November 25, 1960, to Rex tation of: General commodities, includ to section 17(8) of the Interstate Com Moving Van Service, Inc., Brooklyn, N.Y., ing household good, excluding classes A merce Act, the filing of such a petition authorizing the transportation of : and B explosives, and livestock, between will postpone the effective date of the Household goods, as defined by the Com points in Idaho, and hay, baled, between order in that proceeding pending its dis mission, from points in the New York, points in Oregon and Idaho, and ar position. The matters relied upon by N.Y., commercial zone, to points in Con ranging for the transportation of : House petitioners must be specified in their pe necticut, New Jersey, New York, and hold goods, as defined by the Commis titions with particularity. Pennsylvania, which are within 100 miles sion, between points in Idaho and Ore No. MC-FC-69397. By order of March of New York, N.Y. Morris Honig, 150 gon, on the one hand, and on the other, 9, 1967, the Transfer Board approved Broadway, New York, N.Y. 10038, attor points in the United States. Maurice H. the transfer to Glenwood Transit Line, ney for applicants. Greener 334 First Security Bank Build Inc., 403 North Chestnut Street, Glen No. MC-FC-69463. By order of March ing, Boise, Idaho, attorney for applicants. wood, Iowa 51534; of certificates in Nos. 13, 1967, the Transfer Board approved No. MC-FC-69504. By order of March MC-2729 and MC-2729 (Sub-No. 1), is the transfer to Arlen W. Rude, doing 16, 1967, the Transfer Board approved sued July 19, 1960, and December 19, business as Rude Transportation Co., 416 the transfer to City Delivery Service, Inc., 1963, respectively, to Clarence Boles, Sr. East Second Street, Redfield, S. Dak. Wilkes-Barre, Pa., of certificates Nos. and Clarence Boles, Jr., a partnership, 57469, of the operating rights in certifi MC-90315, MC-90315 (Sub-No. 1), and doing business as Glenwood Transit Line, cate No. MC-64732 and certificate of reg MC-90315 (Sub-No. 4), issued March 22, 403 North Chestnut Street, Glenwood, istration No. MC-64732 (Sub-No. 4>, 1949, August 23, 1946, and March 10, Iowa; authorizing the transportation of: issued May 26, 1955, and May 5, 1965, 1950, respectively, to Anthony Caruso, General commodities, with the usual ex respectively to Agnes H. Rude, Arlen W. Wilkes-Barre, Pa., and authorizing the ceptions, between Glenwood, Iowa; and Rude, and Freeman B. Rude, Jr., a minor, transportation over irregular routes of Omaha, Nebr., and, from Omaha,, Nebr., Agnes H. Rude, guardian, a partnership, household goods, between Wilkes-Barre to Tabor, Iowa; and milk and cream from doing business as Rude Transportation and Kingston, Pa., on the one hand, and, Tabor, Iowa to Omaha, Nebr. Co., 416 East Second Street, Redfield, S. on the other, points and places in New No. MC-FC-69415. By order of Dak. 57469, covering the transportation York and New Jersey; second-hand fur March 16, 1967, the Transfer Board ap of general commodities, with exceptions, niture, except household goods, between proved the transfer to Raymond David between specified points in South Dakota. Wilkes-Barre and Kingston, Pa., on the Meiggs, Murfreesboro, N.C., of the oper No. MC-FC-69484. By order of March one hand, and, on the other, points and ating rights in certificate No. MC-23473, 16, 1967, the Transfer Board approved places in New York and New Jersey ; and issued May 10, 1956, to Junius Elias the transfer to George O. Slater, Inc., household goods, between Wilkes-Barre Flythe, doing business as Flÿthe’s Truck Stoughton, Mass., of certificate No. MC- and points within 10 miles thereof, on Line, Conway, N.C., authorizing the 91997, issued November 30,1949, to Pepin the one hand, and, on the other, points m transportation, over irregular routes, of Moving & Storage Co., a corporation, Connecticut, New York, New Jersey cotton from points in Northampton Sharon, Mass., authorizing the transpor Delaware, Maryland, Ohio, Indiana, ana County, N.C., to Danville and Norfolk, tation of household goods, over irregular the District of Columbia. Charles J- Williams, 1060 Broad Street, Newark Va.; fruit and vegetable packages from routes, between points and places in points in Northampton County, N.C., to Massachusetts, on the one hand, and, on N.J. 07102, attorney for applicants. the other, points and places in Connecti points in Maryland and Delaware; ag [ s e a l ! H. N e i l G arso n , ricultural commodities and livestock cut, Delaware, Maryland, New Hamp Secretary. from Woodland, N.C., and points in shire, New Jersey, New York, Maine, Pennsylvania, Rhode Island, Vermont, [P.B. Doc. 67-3110; Piled, Mar. 21, 1967; North Carolina within 75 miles of 8:47 a.m .] Woodland, to specified points in Vir and the District of Columbia. Robert J. FEDERAL REGISTER, V O L 32, NO. 55— WEDNESDAY, MARCH 22, 1967 FEDERAL REGISTER 4391 CUMULATIVE LIST OF PARTS AFFECTED-MARCH 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 March; Page 1 CFR 7 CFR— Continued Page 12 CFR—Continued Page A p p e n d ix A ------3602 907------3729, 3968, 4277 P r o p o s e d R u l e s : A p p e n d ix B______4015 908 -1------3688, 3729, 3968, 4277 206------4316 *910------______3383, 3730, 3969, 4278 3 CFR 215------4124 912 ------3730, 3969, 4278 545------3999 P roclamations : 913 ------3384 917------3384 3769 ------3809 944------•------3437 13 CFR 3770 ------—------4111 991------3763 123______3813 Ex e c u t iv e O r d e r s : 1002------3384 P r o p o s e d R u l e s : Dec. 11, 1912 (revoked in part 1004------3813 121 - ______4079 by PLO 4175):______3991 1015------4113 Apr. 21, 1913 (revoked in part 1134------4016 14 CFR by PLO 4178)______4282 1138------3385 l _____„------3735 Feb. 27, 1914 (revoked in part 1425------3688 21______------37 35 by PLO 4178) ______4282 P r o p o s e d R u l e s : 33______------3736 June 6, 1914 (revoked in part 35______------3 7 37 by PLO 4175)______3991 777------4123 822------3946 39______Aug. 17, 1915 (revoked in part ------3386, by PLO 4178)______„ 4282 917------4026 3387, 3437, 3690, 3691, 3738, 3764 932------3992 3882, 3937, 3970, 3971, 4306, 4307 May 22, 1917 (revoked in part 71 by PLO 4178)______4282 991------:______3399 ------3 4 3 8 , July 17, 1917 (revoked in part 1001------4071 3738, 3764-3768, 3882, 3938, 3971, 1002______4071 3972, 4056,4307. by PLO 4 16 6 ) ______37 4 4 1006— ------3399 73__------3438, 3691, 3739, 3740, 3768 May 4, 1919 (revoked in part 1012 ------4313 by PLO 4178)______4282 75__------3740, 3882, 3972, 4307 June 17, 1920 (revoked in part 1013 ------4313 97------3692, 3938, 4163 3 0 2 ------4 3 4 3 by PLO 4175) ______3991 1015------4071 1047______3992 399------3817 Nov. 26, 1921 (revoked in part 1063------3776 1204------3883 by PLO 4 16 7 ) ______3 7 4 4 6143 (revoked in part by PLO 1070------3776 P r o p o s e d R u l e s : 4165)------3744 1078------3776 1079__------3776 39------—_ 3997, 4124, 4314 6276 (revoked in part by PLO 61— ------— ------3749 1125------3834 65------3946 iio 165)------3744 1134------3469 11248 (amended by EO 11335) _ 3965 7 1 ------3 4 0 0 - 1137------4362 11269 (amended by EO 11334) _ 39 33 3402, 3470, 3750, 3779, 3780, 3946, 11329.______3811 1201------— ______4314 3947,3997, 4026, 4315. 11330------387i 8 CFR 73___------3402, 3751, 3998, 4316 11331 77------l------3887 3875 212------3731, 3970 11332 3877 1 2 1 ------3946 11333 214------3731 208------3399 3879 245------4341 11334 2 2 1 _------4076 3933 253------434! 11335 3965 296a------3752 Presidential F indings: 9 CFR 399------4076 Presidential Finding of Feb. 27,1967------4051 78______4169 15 CFR Presidential Finding of Feb. 202____ 4113 312_____ 2 „ ------3769 28, 1967------4053 4306 204------3816 5 CFR 10 CFR 230------3741, 4056 213___ 3 7J------4343 _____ 3383 14______3731 3 7 J------4343 3689, 3729, 3763, 4(^5/4158; 4275,’ 30______4241 4341. 32______373------4343 330. 4241 50______374III ------; 4343 4343 332. 3967 4055 7o______m i n i ! 376------4343 550. 3967 4055 733. 3689, 3763 P r o p o s e d R u l e s : III ------4343 ------4275 30------.3995 379 ------4 159 40. ------3995 380 ------— ------„ „ „ 4343 50. ------3995 382—------4 159 385------4160 3967 70. ------3995 399------4 16 O, 4343 3935 170. 3995 4157 4204 12 CFR 16 CFR 4341 1 ______3687, 4342 1 3 ______.______34 3 9 3383 204______------3763 3771, 3973-39751 4017, 4018, 4057 722 ------4275, 4Í76 222______... ------3813 15------338 7, 3818, 4308 724 3935 531______------3970 P r o p o s e d R u l e s : 730 ------4055, 4305 555______4113 153— - ____ 775. « ------3881 563______------4114 .777. 39 68 610______------4157 17 CFR 811...... 4305 611______------4157 20 0 ______814-- 4015 619______4158 P r o p o s e d R u l e s : ...... 3687 650______------3740 1______4S92 FEDERAL REGISTER 18 CFR Page 31 CFR Page 41 CFR— Continued - - page 8-1______3772 141 ______4058 214______3820 8-3______— ------3773 19 CFR 8- 7 ______—— 3773 1 ______3388, 4349 9- 4______; 3979 2 ______„ _ _ _ 3388, 4349 9-16 ______- ______H — ----- 3981 3 ______3440, 4058, 4349 11-3 ______- — — — 4061 8 ______4308 114 . „ 4061 10 ______4308 525 3448.4024 101-26______t—____ 3690 16 ______4019 101-28 ______- — 4161 101 24 4024 2 4 ______3741 : 32 CFR ^4 ___ 4308 1 ______4242 43 CFR 2 ______4242 2 0 ______.______3701 20 CFR 3 ______4242 4 ______4251 P ublic L and O rders: 5 ______4251 2135 (revoked in part by PLO P roposed R u l e s : 6 ______4252 4168)___ . 3744 602 ______- - 4 12 3 7 ______4258 4153 0 .