FEDERAL REGISTER VOLUME 32 r NUMBER 45

Wednesday, March 8, 1967 • Washington, D.C. Pages 3805-3865

Agencies in this issue— The President Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Defense Department Federal Communications Commission Federal Reserve System Federal Trade Commission Federal Maritime Commission Federal Power Commission Fiscal Service Food and Drug Administration Foreign Assets Control Office Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau National Bureau of Standards Panama Canal Post Office Department Securities and Exchange Commission Small Business Administration Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. Subscriptions Now Being Accepted

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90th Congress, 1st Session 1967

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FEDERAL POWER COMMISSION DEFENSE DEPARTMENT THE PRESIDENT Rules and Regulations Notices Phillips Petroleum Co., et al.; proclamation Involuntary order to active duty notice of applications for certifi­ of Ready Reservists for unsatis­ 3853 Save Your Vision Week, 1967—— 3809 factory performance of obliga­ cates, etc------tion ------3829 execu tive o r d er FEDERAL RESERVE SYSTEM Treating a board of inquiry to re­ FEDERAL COMMUNICATIONS Rules and Regulations port on a labor dispute affecting COMMISSION Bank holding companies; adop­ the shipbuilding arid repair m- tion of forms------3813 dustries of the United States— 3811 Rules and Regulations Commission organization^ delega' FEDERAL TRADE COMMISSION tions of authority (2 docu- EXECUTIVE AGENCIES ments) ------3831 Rules and Regulations Frequency allocations and radio Administrative opinions and rul­ agriculture d e p a r t m e n t treaty matters; miscellaneous ings: , amendments------3832 Advertising claim; “America s See Commodity Credit Corpora­ TV broadcast services; table of most warranted * * *” ------3818 tion; Consumer and Marketing assignments------3832 Trade association code of ethics Service. Proposed Rule Making governing pricing and selling practices------3818 a t o m ic e n e r g y c o m m is s io n Standard, FM, and TV broadcast stations; sponsorship identifica­ Notices tion.______3836 FISCAL SERVICE TV broadcast stations ; Rules and Regulations Philadelphia Electric Co.; applica­ Prediction of coverage------3835 tion for construction permits Table of assignments : Deposit with Federal Reserve and facility licenses— ------3844 Agana, Guam------3835 Banks and depositaries for Fed­ eral taxes of corporation income UHF channel, Anaheim, 3820 CIVIL AERONAUTICS BOARD Calif______3833 ta x ______Treasury bills; issue and sale----- 3821 Rules and Regulations Notices Interlocking relationships be­ Regulatory and policy problems FOOD AND DRUG tween an air carrier and a third presented by the interdepend­ ADMINISTRATION* person controlling another air ence of computer and commu­ nication services and facilities. 3845 Rules and Regulations carrier ------381‘ U.S. proposals to World Adminis­ Food additives; diethyl pyrocar- Notices trative Radio Conference; invi­ b o n a te -----_------38 ^ tation to file comments------3847 W.A.A.C. (Nigeria) Ltd.; notice of Notices postponement of hearing------3844 Hearings, etc: Advanced Electronics and In­ Colorcon, Inc.; notice of filing of dustrial Communications Sys­ petition regarding color addi­ COMMERCE DEPARTMENT tems, Inc------3844 tive mixtures------3843 Pfizer, Chas. and Co., Inc.; notice See National Bureau of Standards. Gulf South Broadcasters and Bayou Broadcasting Co------3845 of withdrawal of new-drug ap­ KLRA, Inc., et al------3844 plication ------3844 COMMODITY CREDIT FOREIGN ASSETS CONTROL CORPORATION FEDERAL MARITIME OFFICE COMMISSION Notices Rules and Regulations Sales of certain commodities; Notices Importation of and dealings in March sales list------3839 Agreement filed for approval: certain merchandise and cus­ Matson Navigation Co., and En- toms procedures------3822 CONSUMER AND MARKETING cinal Terminals------3848 j a p a n - Atlantic and Gulf HEALTH, EDUCATION, AND SERVICE Freight Conference----- 3849 WELFARE DEPARTMENT Rules and Regulations States Marine Lines, Inc., and China Navigation Co--- 3849 See Food and Drug Administra- Milk in Delaware Valley market­ tion. Hearings, etc.: ing area; determination— _— 3813 Lease agreements at Long INTERIOR DEPARTMENT Proposed Rule Making Beach, Calif------— 3847 See Land Management Bureau. Marseilles North Atlantic U.S.A. Milk in Puget Sound, Wash., mar­ (Continued on next page) keting area; handling------— - 3834 Freight Conference---- 3848 3807 3808 CONTENTS INTERNAL REVENUE SERVICE LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE Rules and Regulations Notices COMMISSION Income tax ; deposit of corporation income and estimated income Alaska : Notices tax with Government deposi­ Proposed classification of public Hearings, etc.: lands------3838 taries ------3819 Autroponics, Inc______3350 Proposed withdrawal and reser­ Industrial Kinetics, in c.__II_I 3852 vation of lands______3839 INTERSTATE COMMERCE Wyoming; modification of certain SMALL BUSINESS grazing districts______3839 COMMISSION ADMINISTRATION Notices NATIONAL BUREAU OF Rules and Regulations Arrow Carrier Corp.; petition for Disaster loans______3313 declaratory order to terminate STANDARDS controversies and remove un­ TARIFF COMMISSION Rules and Regulations certainties in operating author- Notices ity ------3855 Radiation physics; dosimetry in Fourth section applications for re- high-energy electron beams__ 3816 Workers’ petition at Eaton, Yale & _ ,Uf f ------3855 Towne, Inc., for determination Motor carrier: of eligibility to apply for adjust­ Alternate route deviation no- PANAMA CANAL ment assistance; notice of in­ vestigation ______3853 tices ------3856 Rules and Regulations Applications and certain other proceedings______3357 Marine accidents; investigations; TREASURY DEPARTMENT Intrastate applications______3862 control responsibility.______3830 See Fiscal Service; Foreign Assets Control Office; Internal Reve­ nue Service. LABOR DEPARTMENT POST OFFICE DEPARTMENT See also Wage and Hour Division. Notices WAGE AND HOUR DIVISION Notices Notices Citizens’ Stamp Advisory Com­ Assistant Secretary for Adminis­ mittee; appointment and Certificates authorizing employ­ tration; delegation of authority. 3849 duties ------3838 ment of learners at special minimum rates______3349

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of tbe j , « documents published in today's issue. A cumXSve Ust of ^ s ^ r t e d ^ v e ^ f i ? / 89“1“^ “ a£ec,edby appears at theend of each issue beginning with the second issue of t ^ r S , 5 currenl mon,h A cumulative guide is published separately at the end of errrti ru .. , . affected by documents published since January 1, 1967, L d specifies W A ey^ t® dieted. ^ S6Cti0nS

3 CFR 14 CFR P roclamation : 31 CFR 399... _____ 3769 214 3820 309. 1I J rppvP K 3821 500. 11329 ______QQ1 1 204 3822 32 CFR 7 CFR 16 CFR 100_ 3829 1004______15 (2 documents)____ P roposed R u l e s : 35 CFR 1125______21 CFR 117 3830 121____ j _____ 12 CFR 47 CFR 222______26 CFR 0 (2 documentisi l ...... 2___ 3832 13 CFR 301...... 73. _ 3832 P roposed R u l e s : 123. 3813 73 (4 documents). 3835, 3836 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3769 SAVE YOUR VISION WEEK, 1967 By the President of the United States of America A Proclamation More than one million Americans cannot read a newspaper, not because they are illiterate, but because they cannot see well e n o u g h - even with glasses. One of every fifty Americans is blind or has only partial vision. Every fourth schoolchild requires eye care. Every third serviceman needs glasses. Americans fear blindness more than any affliction except cancer A n d every year 32,000 Americans go blind. A id to the blind costs $1 billion a year, aside from the economic loss suffered by those who must try to find their way through lives of perpetual darkness. Yet there is hope.* Blindness can be prevented. Research and better means of applying the knowledge of the laboratories to the lives of our people can materially lessen the scourge of blindness. Every American should cherish his God-given gift of sight, protect and care for his eyes, and support the research, diagnosis, and treat­ ment that can save vision. _ I call upon all media of communications to carry a new message of hope to the blind. I call upon doctors, and private and public agen­ cies, to press on with their work of saving, for us and for our children, the incomparable blessing of sight. To encourage greater awareness and action, the Congress by a joint resolution approved December 30, 1963 (77 Stat. 629), requested the President to issue annually a proclamation designating the first week in March of each year as Save Your Vision W eek: NOW THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim the week beginning March 5,1967, as Save Your Vision W e e k e n d I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations. IN W ITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. D O N E at the City of Washington this fourth day of March in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.

B y the President:

Secretary of State. [F.R. Doc. 67-2664 ; Filed, Mar. 7,1967 ; 10:42 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967

THE PRESIDENT 3811

Executive Order 11329 CREATING A BOARD OF INQUIRY TO REPORT ON A LABOR DISPUTE AFFECTING THE SHIPBUILDING AND REPAIR INDUSTRIES OF THE UNITED STATES W H E R E A S , there exists a labor dispute between the Pacific Coast Shipbuilders’ Association, Alameda, California, representing Lock­ heed Shipbuilding and Construction Company, Seattle, Washington, Bethlehem Steel Company, San Francisco, California, Lake Union Dry Docks Company, Seattle, Washington, Pacific Coast Engineering Company, Alameda, California, Albina Engine and Machine Works, Portland, Oregon, Northwest Marine Iron Works, Portland, Oregon, Todd Shipyards Corporation, Seattle, Washington and Alameda, California, Guy F. Atkinson Company, Portland, Oregon, Willamette Iron and Steel Company, Portland, Oregon, and certain of their em­ ployees represented by the International Brotherhood of Electrical Workers, A F L -C IO ; and W H E R E A S , such dispute has resulted in a strike which will, in my opinion, if permitted to continue, affect a substantial part of the ship­ building and repair industries, which industries are engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged m the production of goods for commerce, and which strike, if permitted to continue, will imperil the national safety: N O W T H E R E F O R E , by virtue of the authority vested in me by Section 206 of the Labor-Management Relations Act of 1947 (61 Stat. 155: 29 U.S.C. 176),H hereby create a Board of Inquiry, consisting of Mr. J. Keith Mann, Chairman, Mr. George E. Reedy and Mr. Paul D. Hanlon, whom I appoint to inquire into the issues involved m this dispute. The Board shall have powers and duties as set forth in Title I I of such Act. The Board shall report to the President m accordance with the provisions of Section 206 of such Act on or before March 8, 1967. Upon submission of its report, the Board shall continue in existence to perform such other functions as may be required under such Act.

T h e W h it e H ouse, March 2,1967. 10:46 p.m. Thursday Night. En Route Texas, Airforce I. [F.R. Doc. 67-2629; Filed, Mar. 6,1967; 4:10 p.m.]

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967

3813

Rules and Regulations

order, as amended, regulating the han­ (4) It is hereby determined that th< Title 12— BANKS AND BANKING dling of milk in the aforesaid milk mar­ latest available monthly index of whole­ keting area (7 CFR Part 900) herein­ sale commodity prices as reported on a Chapter II— Federal Reserve System after referred to as the “order” it is 1957-59 base by the Bureau,of Labor [Reg. Y ] hereby found and determined as follows: Statistics, U.S. Department of Labor is (1) Inasmuch as the weekly wholesale equivalent to the heretofore used average PART 222— BANK HOLDING commodity price index specified by the of the four latest weekly index figures of COMPANIES order to be used in computing the Class I wholesale commodity prices and that a factor of 0.99712 is now equivalent to the Adoption of Forms milk price is no longer reported by the Bureau of Labor Statistics, U.S. Depart­ heretofore used factor of 0.99614 as they ment of Labor, an equivalent for such apply in § 1004.50(a) (1). 1. The Board of Governors has (5) Thirty days notice of the effective adopted revisions of (a) Form F.R. Y -5 1 index is necessary to compute the Class I price under the order. _In addition, the date hereof is impractical, unnecessary, for use by a bank holding company in and contrary to the public interest in registering with the Board pursuant to index conversion factor specified in the order must be changed to maintain com­ that: the Bank Holding Company Act of 1956 (a) This determination of an equiva­ (12 U.S.C. 1841ff.) and (b) Form F.R. parability after conversion from the re­ ported 1957-59 base to the specified 1957- lent index and factor is necessary to Y-6 1 for use by such a company in sub­ make possible the announcement of the mitting its annual report to the Board 58 base. (2) The order now provides: “If for Class I milk price under the order for the pursuant to section 5(c) of the Act (12 period beginning April 1, 1967, and for U.S.C. 1844) and § 222.8 of this part. any reason a price or index specified by this part for use in computing class each consecutive announcement period 2. Notice of proposed rule making thereafter until the order is amended to with respect to these forms was pub­ prices or other purposes is not reported or published in the manner described in provide otherwise. lished in the F ederal R eg ister of Octo­ (b) This determination does not re­ ber 5 1966 (31 F.R. 12965) and of this part, the market administrator shall use a price or index determined by the quire of persons affected substantial or November 22, 1966 (31 F.R. 14800), re­ extensive preparation prior to the effec­ spectively. The forms were adopted by Secretary to be equivalent or comparable with the factor which is specified.” tive date. the Board after consideration of all rele­ (c) This action is necessary to reflect vant material, including communica­ (3) The order specifies that the com­ putation of the Class I price be based in current marketing conditions and to tions received from interested persons. maintain orderly marketing conditions The effective dates were not deferred as part on an average of the four latest weekly index figures of wholesale com­ in the marketing area. referred to in section 553(d) of Title 5, Therefore, good cause exists for mak­ United States Code, because, in the cir­ modity prices as reported on a 1957-59 base by the Bureau of Labor Statistics, ing this determination effective on is-, cumstances and considering the nature suance. of the action, such delay would serve no U.S. Department of Labor. The order useful purpose. further specifies that the index as re­ Effective date: Upon date of issuance. ported on a 1957-59 base be converted Signed at Washington, D.C., on March Dated at Washington, D.C., this 1st to a 1957-58 base by dividing the average day of March 1967. of the four latest weekly index figures 2,1967. G eorge L. M e h r e n , By order of the Board of Governors. by the factor 0.99614. When the Assistant Secretary. monthly index is used in lieu of the now [ seal] M erritt S h e r m a n , discontinued weekly index in the Class [F .R . Doc. 67-2570; Filed, Mar. 7, 1967; Secretary. I pricing formula a new conversion factor 8:48 a.m.] [P.R. Doc. 67-2537; Filed, Mar. 7, 1967; must be provided to properly convert the 8:45 a.m.] data from a 1957-59 base to a 1957-58 base. Since the Bureau of Labor Statistics Title 13— BUSINESS CREDIT discontinued release of the weekly index Title 7— AGRICULTURE after the report for the week ended De­ AND ASSISTANCE cember 27, 1966, stích index will no Chapter X— Consumer and Market­ longer be available for use in computing Chapter I— Small Business ing Service (Marketing Agreements the Class I price which is announced Administration and Orders; Milk), Department of quarterly. The weekly index reported [Rev. 5] Agriculture by the Bureau of Labor Statistics was an indicator of primary market price trends PART 123— DISASTER LOANS [Milk Order 4] between reference dates of the more Because of a number of revisions re­ PART 1004— MILK IN DELAWARE comprehensive monthly index. For this quired by additional laws affecting Part reason the two indexes were quite com­ 123 of Chapter I of Title 13 of the Code VALLEY MARKETING AREA parable on a monthly basis although of Federal Regulations, and to consoli­ Determination of Equivalent Index there was some variation because of the date Part 123 (Rev. 4) (29 F.R. 2859) limited size of the base used in the and Amendment 1 to Revision 4 (30 F.R. and Factor To Be Used in Computa­ weekly index. The use of the weekly 11028), Part 123 is hereby recodified and tion of Prices for Class I Milk index was prescribed in the order be­ republished as set forth below. As re­ cause it insured the use of the most re­ Pursuant to the provisions of the Agri­ codified and revised, Part 123 reads as cent data available. Since the two in­ follows: cultural Marketing Agreement Act of dexes measured the same market factors 1937, as amended (7 U.S.C. 601 et seq.), tlk: “ Monthly Wholesale Price Index” is Sec. and to the applicable provisions of the 123.0 Statutory provisions. therefore comparable to the heretofore 123.1 General. used but now discontinued “Weekly 123.2 Types of disaster loans. 1 Filed as part of the original document.Wholesale Price Index” for the purpose 123.3 Disaster Participation Agreement Copies are available on request to the Board Program. of Governors of the Federal Reserve System of computing the Class I prices under 123.4 Purposes of loans. or to any Federal Reserve Bank. the order.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 41 -2 3814 RULES AND REGULATIONS Sec. principal and interest charges on, and to an 123.5 § 123.1 General. Where to apply. extension in the maturity of, the Federal 123.6 Amount of loan and interest rates. share of any loan under this subsection for 123.7 (a) SBA is authorized to make or Collateral. a period of not to exceed 5 years, if (A ) the 123.8 guarantee loans to victims of floods and Repayment. borrower under such loan is a home owner 123.9 other catastrophes to rehabilitate or re­ Step-by-step procedure for disaster or small business concern, (B ) the loan was loan applicant. made to enable (i) such home owner to re­ place damaged or lost physical property 123.10 Cooperation with American Red pair or replace his home, or (ii) such con­ (Physical-loss Disaster Assistance). Cross. cern to repair or replace plant or equipment (b) SBA is also authorized to make or 123.11 Obtaining loan funds. which was damaged or destroyed as a result 123.12 guarantee loans to a small business con­ Administration of loafis. of a disaster meeting the requirements of 123.13 cern: Extension of loans, including RFC clause (A) or (B) of paragraph (2) of this loans. ( 1 ) Located in an area declared to be subsectibn and (C) the Administrator deter­ a major disaster area by the President or mines such action is necessary to avoid A u t h o r it y : The provisions of this Part declared to be a natural disaster area by 123 issued under sec. 5, Public Law 85-536, severe financial hardship: Provided further, sec. 201 and sec. 308, Public Law 85-699. That the provisions of paragraph (1) of sub­ the Secretary of Agriculture, if SBA section (c) of this section shall not be appli­ determines that the concern has suffered § 123.0 Statutory provisions. cable to any such loan having a maturity in substantial economic injury as a result of excess of 20 years. The interest rate on the Sec. 7. (a) * * * such disaster (Substantial Economic In­ Administration’s share of any loan made jury Assistance); (b) The Administration also is under this subsection shall not exceed 3 per (2) To assist in reestablishing its busi­ empowered— centum per annum, except that in the case (1) To make such loans (either directly of a loan made pursuant to paragraph (3), ness which has been displaced by a feder­ or in cooperation with banks or other lend­ the rate of interest on the Administration’s ally aided urban renewal or highway ing institutions through agreements to par­ share of such loan shall not be more than the construction program or by any other ticipate on an immediate or deferred basis) higher of (A) 2% per centum per annum; construction conducted by or with funds as the Administration may determine to be or (B) the average annual' interest rate on provided by the Federal Government, if necessary or appropriate because of floods or all interest-bearing obligations of the United other catastrophes: and SBA determines that the concern has States then forming a part of the public debt suffered substantial economic injury as a (2) To make such loans (either directly or as computed at the end of the fiscal year in cooperation with banks or other lending next preceding the date of the loan and ad­ result of such displacement (Displaced institutions through agreements to partici­ justed to the nearest one-eighth of 1 per Business Disaster Assistance); and pate on an imniediate or deferred basis) as centum, plus one-quarter of 1 per centum (3) To continue or reestablish its busi­ the Administration may determine to be nec­ per annum. In agreements to participate in ness if SBA determines that the concern essary or appropriate to any small business loans on a deferred basis under this subsec­ has suffered substantial economic injury concern located in an area affected by a dis­ tion, such participation by the Administra­ as a result of the inability of such con­ aster, if the Administration determines that tion shall not be in excess of 90 per centum cern to process or market a product for the concern has suffered a substantial eco­ of the balance of the loan outstanding at the nomic injury as a result of such disaster time of disbursement. / human consumption because of disease or and if such disaster constitutes— (c) (I) The Administration may further toxicity occurring in such product “ (A ) A major disaster, as determined by extend the maturity of or renew any loan through natural or undetermined causes the President under the Act entitled ‘An Act made pursuant to this section, or any loan (Product Disaster Assistance). to authorize Federal assistance to States and transferred to the Administration pursuant (c) Eligibility standards for Disaster local governments in major disasters, and for to Reorganization Plan No. 2 of 1954, or Re­ Assistance programs are set forth in other purposes’, approved September 30, 1950, organization Plan No. 1 of 1957, for addi­ § 120.3 of this chapter. as amended (42 U.S.C. 1855-1855g), or tional periods not to exceed 10 years beyond “ (B ) A natural disaster, as determined by the period stated therein, if such extension (d) ( 1 ) “Financial Assistance” as the Secretary of Agriculture pursuant to the or renewal will aid in the orderly liquidation used in this part shall include direct Consolidated Farmers Home Administration of such loan. loans made by SBA, immediate participa­ Act of 1961 (7 U.S.C. 1961);”. (2) During any period in which principal tion loans, and guaranteed loans. (3) To make such loans (either directly or and interest charges are suspended on the (2) “Financial Institution” as used in in cooperation with banks or other lending Federal share of any loan as provided in this part shall include, but not be lim­ institutions through agreements to partici­ subsection ( b ) , the Administrator shall, upon ited to, banks and other concerns whose pate on an immediate or deferred basis) as the request of any person, firm, or corpora­ the Administration may determine to be nec­ tion having a participation in such loan, regular course of business entails the essary or appropriate to assist any small purchase such participation, or assume the making of commercial and industrial business concern in reestablishing its busi­ obligation of the borrower, for the balance of loans. ness, if the Administration determines that such period to make principal and interest § 123.2 Types o f disaster loans. such concern has suffered substantial eco­ payments on the non-Federal share of such nomic injury as a result of its displacement loan : Provided, That no such payments shall Disaster loans may be made by SBA by a federally aided urban renewal or high­ be made by the Administrator in behalf of way construction program or by any other and financial institutions upon an imme­ any borrower unless (i) the Administrator diate participation basis, upon a guar­ construction conducted by or with funds determines that such action is necessary in provided by the Federal Government; and order to avoid a default, and (ii) the bor­ anteed loan basis or may be made the purposes of a loan made pursuant to rower agrees to make payments to the Ad­ directly by SBA alone. this paragraph may, in the discretion of the ministration in an aggregate amount equal (a) In an immediate participation Administrator, include the purchase or con­ to the amount paid in its behalf by the Ad­ loan either SBA or the financial institu­ struction of other premises whether or not ministrator, in such manner and at such tion makes the loan and the other party the borrower owned the premises from which times (during or after the term of the loan) it was displaced; and purchases an agreed percentage of the as the Administrator shall determine having loan. SBA’s participation shall not (4) To make such loans (either directly or due regard to the purposes sought to be in cooperation with banks or other lending achieved by this paragraph. exceed 90 percent of the outstanding institutions through agreements to partici­ (d ) * * * amount of the loan. pate on an immediate or deferred basis) as (e) In the administration of the disaster (b) In guaranteed loans the financial the Administration may determine to be nec­ loan program under subsection (b )(1 ) of t.hi« institution makes the entire loan and essary or appropriate to assist any small section, in the case of property loss or dam­ SBA is obligated to purchase pursuant to business concern in reestablishing its busi­ age as a result of a disaster which is a its Disaster Loan Guaranty Agreement ness if the Administration determines that “major disaster” as defined in section 2(a) such concern has suffered substantial eco­ not more than 90 percent of the out­ of the Act of September 30, 1950 (42 U.S.C. standing loan and accrued interest in nomic injury as a result of the inability of 1855a(a) ), the Small Business Administra­ such concern to process or market a product tion, to the extent such loss or damage is the event the borrower has defaulted for for human consumption because of disease not compensated for by insurance or other­ 90 days. Default as used in this subsec­ or toxicity occurring in such product through wise, may lend to a privately owned college tion means nonpayment of principal or natural or undetermined causes. or university without regard to whether the interest when due. No loan under this subsection, including required financial assistance is otherwise renewals and extensions thereof may be available from private sources, and may § 123.3 Disaster Participation Agree­ made for a period or periods exceeding 30 waive interest payments and defer principal ment Program. years: Provided, That the Administrator may payments on such a loan for the first 3 years consent to a suspension in the payment of (a) When a physical loss disaster of a of the term of the loan. widespread nature occurs and where con-

FEDERAL REGISTER, V O l. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3815

recording of a determination issued by cern properly to process a product to in­ siderable destruction is involved, all sure its fitness for human consumption. banks in the affected area are given the SBA that adequate flood control meas­ ures have been effected to protect the (e) Limitation on use of disaster as­ opportunity to enter into the Disaster sistance for debt repayment. Physical participatiton Agreement program. property from future flood damage. (b) Substantial economic injury as­ disaster loans made under section (b) Under this program, the banks, 7 (b) ( 1 ) may not be used to repay bank using SBA application forms (filed in sistance. The purpose of these loans is solely to provide relief to small business loans. This exclusion shall not apply duplicate) process and disburse, the loans where a bank participates with SBA for without clearance through SBA except concerns' from substantial economic in­ jury sustained as a result of major dis­ an amount at least equal to its loan(s) as to clearance for SBA statutory, regu­ to be refinanced with SBA disaster as­ latory, and policy requirements. These asters declared by the President or the Secretary of Agriculture. Loans may sistance. Nor shall this exclusion apply loans are all made on an immediate par­ to the repayment of temporary bank ticipation basis. be used for working capital, to replenish inventories, and to pay financial obliga­ loans determined by SBA to have been (c) In the case of loans of $20,000 and used to alleviate the disaster injury. under, the share of the loan which SBA tions which the borrower would have may be required to purchase shall not been able to pay had it not been for § 123.5 Where to apply. a loss of revenue resulting from the exceed 90 percent of the balance out­ A single copy of an application on a standing at the time of purchase. In disaster. (c) Displaced business assistance. form provided by SBA may be filed with the case of loans in excess of $20,000 but the Regional or Branch Office, or Dis­ not more than $100,000, the share of the The purpose of these loans is to assist in reestablishing the business of small busi­ aster Branch Office, if one has been loan which SBA may be required to pur­ established, which is most convenient to chase shall not exceed 75 percent. Loans ness concerns which have been displaced by a federally aided urban renewal or the applicant. If a bank is participat­ in excess of $100,000 are not subject to ing,'two copies of the application should this Disaster Participation Agreement highway construction program, or any other construction conducted by or with be filed with the bank which will send program. one copy to SBA. I f a Disaster Branch (d) The general requirements with re­ funds provided by the Federal govern­ ment. These loans may be used to Office has been established, applications gard to these loans are the same as if generally should be filed there. they were made by SBA as direct disaster provide:" loans. ^ ? ( 1 ) Working capital necessary to § 123.6 Amount o f loan and interest carry the concern until resumption- of rates. § 123.4 Purposes of loans. normal operations;. ( 2) replacement (a) There is no statutory limitation (a) Physical-loss disaster assistance. costs to owners of realty less net amounts on the amount of a disaster loan. How­ (1) The purpose of these loans is to re­ received for indemnification of property ever, SBA’s share or guaranteed per­ store a victim’s home or business prop­ from which displaced; (3) funds for centage of any such loan shall not ex­ erty as nearly as possible to predisaster nonowners of the premises -from which ceed the actual physical loss or economic condition. A loan to an individual may ^displaced to purchase or construct injury suffered as a result of the disaster, be used to repair or replace damaged premises if no suitable rental property except as may be permitted under furniture and other household belong­ is available; (4) purchase of machinery § 123.4(c). ings or personal effects. Funds may be and equipment necessary to carry on (b) In physical-loss disaster assist­ used to replace destroyed or damaged business at the new location less any ance, all direct and indirect costs attrib­ inventory, machinery, or equipment. If funds received from disposal of equip­ utable to restoring, rehabilitating, or re­ it is necessary or desirable (as deter­ ment owned at location from which dis­ placing damaged or destroyed property mined by SBA) to construct a new home placed; (5) increases in the cost of fixed will be considered by SBA in determin­ or new business facilities on a different charges such as rents, insurance and ing the amount of loan. The amount of site, the loan may be used for such pur­ utility bills for a reasonable period of money recovered from insurance or ob­ pose. However, the SBA’s share or guar­ time; (6) moving expenses not com­ tained from other relief sources, such as anteed percentage of any such loan shall pensated for from some other source the American Red Cross, shall be de­ not exceed the estimated cost of restoring where the distance moved is less than ducted from the amount of the loss for or replacing the damaged or destroyed 100 miles; (7) purchase of equipment to which an SBA loan may be made. Sums property. upgrade the business in a new location jpaid to a disaster victim subsequent to (2) Any disaster victim located in awhere such upgrading is necessary. his filing an application by insurance flood disaster-prone area that suffers real companies representing the indemnifica­ property damage, to the extent that it is Where land or amount of space in premises is needed, no loan shall pro­ tion of loss in whole or in part for which determined more feasible to move outside the disaster victim is requesting SBA of the disaster area than to repair or re­ vide funds which would increase the square footage of land or building space financial assistance shall be paid by the build the property at the disaster loca^ borrower to the SBA for the reduction of tion, may obtain funds for such purposes to more than one-third greater than that as are prescribed in subparagraph ( 1 ) of owned or occupied prior to displacement. this loan. (d) Product disaster assistance. The (c) Interest rates on disaster loans this paragraph and such other funds as are set forth in Part 120 of this chapter. may be determined necessary by SBA to purpose of these loans is to assist small reestablish the borrower’s real property business concerns to reestablish or con­ § 123.7 Collateral. tinue their business when they have at the new location. In any situation (a) The Small Business Act, as where physical-loss disaster assistance is suffered substantial economic injury as a result of the inability of such concern amended, contains no specific require­ provided to relocate real property outside ments with respect to collateral as se­ of a flood disaster-prone area, no future to process or market a product for human consumption because of disease curity for a disaster loan, nor has SBA flood disaster assistance will be provided established any firm rule in regard to by SBA for any future physical-loss dis­ or toxicity occurring in such products through natural or undetermined causes. collateral. However, SBA requires ap­ aster damage to the property located at plicants to pledge whatever collateral the site from which the disaster victim Loans may be used to provide working capital to support the business until such they can furnish. SBA will give con- was relocated. SBA shall require the ' sideration to the moral risk involved and borrower to execute apd record in the time as it is reestablished and to pay financial obligations which the borrower to evidence showing a reasonable pros­ local office where records of property pect that the loan will be repaid. ownership are recorded a document would have been able to pay if it had which shall give notice of this qualifica­ not been for a loss of revenue resulting (b) Evaluation of collateral: In dis­ tion to all subsequent purchasers and en­ from the disaster. Financial assistance aster loan cases the same general ap­ cumbrancers of real property located at may not be used for the replacement of proach to establishing values will be used the disaster site. The recorded notice equipment or for the expansion of facili­ as for business loans, keeping in mind of disaster qualification may be can­ ties except as SBA may determine to be the emergency and the urgency incident celed (released or terminated) by the necessary or appropriate for the con- to a disaster loan.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3816 RULES AND REGULATIONS

§ 123.8 Repayment. tion, construction, conversion, extension § 123.10 Cooperation with American (a) Generally, disaster loans shall beor repair of buildings, or other improve­ Red Cross. repaid in monthly installments begin­ ments to real estate, where the contract ning not later than 5 months from the exceeds $10,000; and In its physical-loss program of assist­ date of the note. The maturity of the (8) If a loan is to a business concern, ance to disaster victims, SBA maintains loan will be geared to the borrower’s furnish an executed “Applicant’s Assur­ close coordination with the American ability to pay. Final maturity of the ance of Compliance,” SBA Form 652. Red Cross. In many cases, rehabilita­ tion assistance is given jointly by the loan shall not exceed 30 years. In cer­ (b) An applicant for Substantial Eco­ tain hardship cases, on loans to home nomic Injury or Product Disaster Assist­ Red Cross and SBA with part of the ap­ plicant’s losses being covered by a grant owners and small business concerns to ance shall: (1) Furnish a statement of the extent from the Red Cross and part by a loan repair buildings or replace equipment, through SBA. payments to interest and principal may to which his business has been injured be deferred for 5 years and the term of by the disaster conditions; § 123.11 Obtaining loan funds. (2) For purposes of comparison, fur­ repayment extended 5 years beyond the (a) Once a disaster loan has been ap­ 30-year limitation. During a Defer­ nish financial and operating conditions covering the current period and a 12- proved by SBA, the disaster victim may ment period SBA may, upon request of obtain the loan funds upon compliance the participant in the loan, purchase its month period of normal operations prior to the disaster; with conditions of SBA’s loan authoriza­ participation. I f necessary to avoid de­ tion. fault, SBA may assume the borrower’s (3) List any accounts and notes re­ ceivable which are delinquent due to the (b) I f the approved loan is an immedi­ obligation to the participant for the bal­ ate participation or guaranteed loan, the ance of the deferment period, provided disaster conditions; (4) Explain fully the reasons for any bank will notify the disaster victim the borrower agrees to reimburse SBA of the loan approval, terms and condi­ for such payments. abnormally large and burdensome in­ ventories; tions, and arrange with him for actual (b) In the case of privately owned closing of the loan. (5) List all payables which are delin­ colleges and universities, payments to (c) I f the loan is a direct loan, the dis­ interest may be waived and payments to quent due to the disaster as well as cur­ rent accruals; aster victim will be notified by SBA of the principal deferred for the first three loan approval, terms and conditions. years of the term of the loan. (6) Point out any adopted or planned (c) Displaced business loans may have economies in operation designed to re­ § 123.12 Administration o f loans. more liberal repayment terms if circum­ duce costs of doing a lessened volume of business; and Participation- and guaranteed loans stances indicate the need, including ( 1 ) closed by the bank will be administered a moratorium on principal payments (7) Furnish an executed “Applicant’s by the bank, and participation or direct (not interest) not exceeding the 12 Assurance of Compliance,” SBA Form loans closed by SBA will be administered months which immediately follow dis­ 652. by SBA. bursement; (2) smaller amortization (c) An applicant for Displaced Busi­ payments during the first few years, in­ ness Disaster Assistance shall: § 123.13 Extension of loans, including RFC loans. creasing in later years; or (3) any other (1) Furnish financial and operating reasonable terms to fit the applicant’s statements for the current year to date Actions taken by SBA pursuant to the individual circumstances. and for the past three previous fiscal authority of section 7(c) ( 1 ) of the Small (d) Except as described elsewhere in or calendar years; Business Act, as amended, are limited to paragraphs (a ), (b ), and (c) of this sec­ (2) Furnish figures on actual or con­ such periods of time as appear necessary tion, and in the case of borrowers whose templated reduction or loss of income to avoid the forced liquidation of loans. income is received on an annual or sea­ and profits and estimate of period of . Generally, a sequence of short extensions sonal basis, all loans shall be repaid in time income and profits will be reduced; will be granted rather than one lengthy equal monthly installments which will (3) List all payables which are delin­ one. Extensions are only granted under include principal and interest. quent; this section when it appears that no other (4) List any additional or replace­ course of liquidation will result in a § 123.9 Step-by-step procedure for dis­ ment equipment that will be required greater and earlier recovery of the in­ aster loan applicant. reasonably to upgrade operations in new debtedness. No such extension may be (а) An applicant for Physical-Loss location, with allowances or any other made on any loan having a maturity in Disaster Assistance shall: recoveries from disposal or trade-in of excess of 20 years. existing equipment; (1) Make a list of his damaged, de­ Effective date: This recodification and stroyed, or lost property showing in as (5) Advise if additional inventories will be required or if different grades of revision is effective upon publication in much detail as possible the extent of the F ederal R egister. damage or loss, and, if possible, original items must be carried to meet demands cost of the property; of new location and effect on working Dated: March 2,1967. (2) Obtain from a reliable contractor, capital position; (6) Furnish projection of sales, nor­ B ernard L. B o u t in , supplier, or repairman, as appropriate, a Administrator. signed estimate (in duplicate) of the cost mal percentage of profits, and fixed ex­ of repairing damaged property or of re­ penses, for a period of approximately 2 [F.R. Doc. 67-2545; Filed, Mar. 7, 1967; 8:46 a.m.] placing property which has been lost or years following relocation in order to damaged beyond repair; establish reasonable ability to repay (3) Make an overall estimate of his loan; losses; (7) Make a list of collateral to be of­ (4) Prepare a list of both his debts fered as security for repayment of the Title 15— CRMMERGE AND and assets and a financial statement; loan, showing in detail any existing obligations or liens against such col­ FOREIGN TRADE (5) I f the proposed loan is to rehabili­ lateral ; tate his business, prepare a record of his (8) Furnish the “Applicant’s Agree­ Chapter II— National Bureau of Stand­ business earnings and expenditures for ards, Department of Commerce the 3 years preceding and make a profit ment of Compliance,” SBA Form 601 (see § 122.1 (f) of this chapter) if such and loss statement; SUBCHAPTER A— TEST FEE SCHEDULES loan results in the alteration, rehabilita­ (б) Obtain a disaster loan applica­ tion, construction, conversion, extension, PART 204— RADIATION PHYSICS tion form from a local bank or the near­ or repair of buildings or other improve­ est SBA office; ments to real property, where the con­ Dosimetry in High-Energy Electron (7) Furnish the “Applicant’s Agree­tract exceeds $10,000; and Beams ment of Compliance,” SBA Form 601 (9) Furnish an executed “Applicant’s Under the provisions of 15 U.S.C. 275 (see § 122.1 (f) of this chapter) if such Assurance of Compliance,” SBA Form (a) and 277, the test fee schedules of the loan results in the alteration, rehabilita­ 652. National Bureau of Standards, Depart-

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3817 attempt to create a presumption by the ment of Commerce, pertaining to radia­ Title 14— AERONAUTICS AND adoption of a statement of general policy. tion physics are amended to add a new There can be no doubt, however, that the service as described herein. Board has full authority to issue an in­ Part 204 is amended to add a new sec­ SPACE terpretative regulation of this nature for tion to read as follows: Chapter II— Civil Aeronautics Board the guidance of the public.4 § 204.503 Dosimetry in high-energy SUBCHAPTER F— POLICY STATEMENTS It is contended on the merits that the electron beams. proposed interpretation of section 409 is [Reg. PS-31] erroneous as a matter of law. Basically, (a) The Bureau will prepare and mail the opponents of the proposed rule con­ dosimeters to users requesting assistance PART 399— STATEMENTS OF tend that the term “ phase of aeronau­ with absorbed-dose measurements in GENERAL POLICY tics” as used in' section 409 does not in­ high-energy electron beams. The dosim­ clude control of an air carrier. First, it Subpart H— Other Policies Relating to is argued that the numerous references eters employed will consist of ferrous Interests, Activities, and Relation­ to a “ person controlling an air carrier” sulfate (Fricke) solution in radiation- ships of Air Carriers in section 408 and the absence of this resistant silica-glass spectrophotometer phrase in section 409(a) (1) —(3) indicate I nterlocking R elationships B e t w e e n cells. The users will expose all but two that the ommission from these portions a n A ir C arrier and a P er so n C o n t r o l ­ of section 409 was deliberate. Second, of the furnished dosimeters to between l in g A n o t h e r A ir C arrier 5,000 and 8,000 rads at electron energies it is contended that section 409(a)(4)- (6) indicates that Congress intended to between 5 and 50 MeV, employing the Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the reach persons controlling an air carrier exposure geometry (field size, phantom, 1st day of March 1967. only where such control is their principal position of dosimeter in phantom) given In PSDR-14, dated November 12, 1965, business. in the “Protocol for Dosimetry of High- 30 F.R. 14531, the Board issued a pro­ These and other arguments were con­ Energy Electrons,” Physics in Medicine posed policy statement, interpreting sec­ sidered by the Board in issuing the no­ and Biology 11, 505 (1966). tion 409 of the Federal Aviation Act of tice of proposed rule making, and upon (b) After irradiation, the dosimeters 1958, “ as making unlawful, unless ap­ further review the Board concludes that proved by order of the Board, interlock­ its interpretation of section 409 is not will be returned to the Bureau for spec- ing relationships between an air carrier in error. Following are portions of the trophotometric evaluation of the ferric- and a person controlling another air Explanatory Statement which accom­ ion concentration in terms of absorbed carrier.” Under section 409(a), the panied the Board’s notice of proposed dose in the phantom, using the G-value Board has jurisdiction over interlocking rule making and which deal with all of given in the Protocol. The results of relationships—such as interlocking di­ the legal objections raised in the com­ this evaluation will be reported to the rectorates— between an air carrier and ments. “ any other person who is a common car­ * * * Underlying the proposed construc­ users. rier or is engaged in any phase of aero­ tion of section 409 is the declaration of policy (c) The Bureau plans to provide this nautics.” The policy statement deems in section 102 of the Act that the public in­ service four times a year starting on or any person in control of an air carrier to terest includes “competition to the extent about July 1, 1967, and to offer it quar­ be a “person * * * engaged in any necessary to assure the sound development phase of aeronautics,” for purposes of of an air-transportation system properly terly thereafter. adapted to the needs of the foreign and interlocking relationships with other domestic commerce of the United States, of carriers. Comments on the proposed the postal service, and of the national de­ Item Description Fee rule have been submitted by two air car­ fense.” Interlocking relationships involving riers,1 and three other interested parties.2 rival air carriers tend to stifle or eliminate 204.503a___ _ Preparing and shipping four i $250.00 competition and a primary purpose of sec­ Fricke dosimeters, two as All of these parties, save one, opposed the controls, and two for irra­ proposed interpretation of section 409.3 tion 409 was to subject this type of relation­ diation; evaluating the Pan American contends that the ques­ ship to government regulation. Apart from ferric-ion content in terms tion of interpretation involved here is interlocking relationships between two rival of absorbed dose in the air carriers there are few, if any, interlocking phantom; reporting the test not one which the Board may decide results. relationships posing more of a threat to 204.503b____ For an additional fee an addi­ i 50.00 “ with finality,” or one on which it may competition than interlocking relationships tional Fricke dosimeter between an air carrier and a person who con­ may be supplied and its trols a rival air carrier.2 Accordingly, it is ferric-ion content evaluated ip a n American World Airways, Inc., and after irradiation. consistent with the Congressional purpose to American Airlines, Inc. construe section 409 as covering interlocking 2 Hughes Tool Co., Metropolitan Life In­ relationships between air carriers and per­ i Through a subsidy provided by the National Center surance Co., and the Equitable Life Assur­ sons controlling other air carriers. As stated for Radiological Health, Public Health Service, Depart­ ance Society of the United States, jointly. by a United States Court of Appeals in pass­ ment of Health, Education, and Welfare, a reduction in 3 Toolco, while supporting the Board’s in­ fee may become available to all medical users interested ing upon the related question of the proper in a check of the absorbed dose calibrations employed in terpretation of section 409, also takes the po­ construction of “representative” in section sition that a dominant lender is engaged in high energy electron beam therapy. For details contact 409: the Dosimetry Section, Radiation Physics Division, a phase of aeronautics “irrespective of any National Bureau of Standards, Room C-209, Radiation “The purpose of Congress is not served by Physics Building, Washington, D.C. 20234. question of control.” Toolco contends that choosing from among available definitions of the proposed rule would be strengthened and (Sec. 9, 31 Stat. 1450, as amended; 15 U.S.C. he more meaningful if it defined the circum­ 277. Interprets or applies sec. 7, 70 Stat. stances under which a lender is engaged in 4 See Davis, Administrative Law Treatise, sec. 5.05 et seq. (1958). 959; 15 U.S.C. 275a) a phase of aeronautics. The question of whether financial institutions lending money 2 It should be emphasized that sec. 409 Dated: February 24, 1967. to air carriers would be deemed persons en­ is not ordinarily concerned with the personal gaged in a phase of aeronautics irrespective integrity of an officer or director. Rather the A . V. A s t in , of whether such institutions control an air question is “whether the potential interests Director. carrier is clearly outside the scope of this of * * * two companies may be in con­ proceeding. Toolco’s suggestion will there­ flict.” —Pan Am. Airways-Hanes, Interlocking [F.R. Doc. 67-2535; Filed, Mar. 7, 1967; Relationship, 8 CAB 617, 619 (1947). 8:45 a.m.] fore not be entertained.

FEDERAL REGISTER. VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3818 RULES AND REGULATIONS

representative’ a narrow .meaning inconsist­ ent with the purpose to keep the vital aero­ Accordingly, the proposed policy state­ nautical industry, in its component parts, in­ ment will be issued as a final rule. Title 16— COMMERCIAL dependent and competitive to the extent nec­ Because the policy statement decides essary to insure sound development in ac­ cordance with the needs of the foreign and a question not previously dealt with by PRACTICES the Board and because there may be in­ domestic commerce of the United States, the Chapter I— Federal Trade postal services, and the national defense.” 3 terlocking relationships which could not Commission There are additional reasons for believing conveniently be dissolved until new di­ that Congress intended persons controlling air carriers to be covered by the phrase rectors are elected, the Board has de­ PART 15— ADMINISTRATIVE “person engaged in any phase of aeronautics.” cided that the policy statement shall not OPINIONS AND RULINGS The broad scope of “phase of aeronautics” is be effective until 1 year after the date indicated by section 408(c) in which Con­ Trade Association Code of Ethics Gov­ gress exempted from section 409 coverage of adoption as to persons immediately erning Pricing and Selling Practices an air carrier officer or director who also affected by it. Therefore, such persons § 15.115 Trade association code of holds an office or directorship in persons who file applications within 1 year, re­ whose “principal business is the maintenance ethics governing pricing and selling or operation of * * * [a certain type of] questing Board approval under 409(a) practices. ticket office, landing area, hangar, or other and Part 251 of the Board’s regulations, (a) The Commission rendered an ad­ ground facility.” The implication is that but will not be subject to either enforcement for this exception such activities would be visory opinion t>o a trade association of considered a “phase of aeronautics.” Cf. proceedings or to the doctrine expressed jobbers advising that while some of the Pan American Airways, Inc. et al., Merger in the Sherman, Control and Interlock­ submitted Code provisions appear in­ 2 CAB 503, 511 (1940). ing Relationship Case.5* nocuous, the Code as a whole is shot Section 408 contains other indications In consideration of the foregoing, the through with anticompetitive implica­ that Congress intended the section 409 tions. phrases “common carrier” and “engaged in Board hereby amends Part 399, State­ (b) The Commission pointed out, by any phase of aeronautics” to have broad ments of General Policy (14 CFR Part way of examples, that the question of meaning and to cover such persons as air 399) effective April 7,1967, as follows: establishing fair and adequate profit carriers and persons controlling air carriers. Section 408(a) (2) prohibits certain transac­ 1. By changing the title of Subpart H levels is not an appropriate trade asso­ tions between, “any air carrier,” and “any to read as follows: “Subpart H—Other ciation exercise; the use of price as an air carrier, any person controlling an air Policies Relating to Interests, Activities, economic weapon is integral to the com­ carrier, any other common carrier, or any petitive process and becomes anticom­ person engaged in any other phase of aero­ and Relationships of Air Carriers”. petitive only, when used destructively; nautics” (emphasis supplied). The use of 2. By adding to Subpart H a new urging the frequent checking of compet­ “other” indicates that Congress believed that § 399.92 to read as follows: itive prices suggests an attempt of the phrases “common carrier” and “person achieving price uniformity; complaining engaged in any phase of aeronautics” ordi­ § 399.92 Interlocking relationships be­ narily include air carriers and persons con­ to a competitor about his practices could tween an air carrier and a person be construed as an unfair method of trolling air carriers. The implication is that controlling another air carrier. when, as in section 409, Congress used the competition depending upon the practice phrases “common carrier” and “phase of The Board interprets section 409 of the involved for if the “practices” were low aeronautics” without qualification, the Federal Aviation Act of 1958, as amended, prices, the complaint could be construed phrases were intended to include such per­ as making unlawful, unless approved by as an appeal for price maintenance. sons as air carriers and persons controlling air carriers. order of the Board, interlocking relation­ (c) In disapproving the Code of Ethics ships between an air carrier and a per­ as submitted the Commission advised For similar reasons it is not determinative son controlling another air carrier. that because the effect of issuance of that section 408 sometimes expressly refers such a Code would be coercive upon the to a “person controlling an air carrier” while (Secs. 204(a), 409, Federal Aviation Act of members, the cumulative effect of its section 409 does not.1 If this difference is 1958, 72 Stat. 743, 768; 49 U.S.C. 1324, 1379; . significant then by analogy it is also signifi­ sec. 3, Administrative Procedure Act, 80 Stat. provisions could well operate to reduce cant that section 408 expressly covers trans­ 383; 5 U.S.C. 552) or eliminate price competition and im­ actions between an air carrier and another pair the right of each member to price air carrier while the express terms of section By the Civil Aeronautics Board. and promote his products as he sees fit. 409 extend only to relationships between air [ s e a l ] H arold R . S a n d e r s o n , carriers and common carriers or persons en­ (38 Stat. 717, as amended; 15 U.S.C. 41-58) gaged in any phase of aeronautics. It is Secretary. Issued: March 7,1967. clear that interlocking relationships be­ [F.R. Doc. 67-2556; Filed, Mar., 7, 1967; tween two air carriers were to be covered 8:47 aon.] By direction of the Commission. by section 409, and “air carrier” must be [ s e a l ] J o s e ph W . S h e a , included within the section 409 phrases “common carrier” or “person engaged in any in any phase of aeronautics”) to serve as Secretary. phase of aeronautics.” Similarly, there is a limitation on “phase of aeronautics” in [F.R. Doc. 67-2549; Filed, Mar. 7, 1967; no reason why Congress could not have in­ sec. 409(a) (1)—(3). The holding company 8:46 a.m.] provisions of sec. 409 were derived from sec. tended persons controlling an air carrier to 7 of the Air Mail Act of 1934 (48 Stat. 936) come within the section 409 phrase “person and were directed at a specific evil which engaged in any phase of aeronautics.” 5 had developed in the early stages of the avia­ PART 15— administrative tion industry. Congress intended the last OPINIONS AND RULINGS 3 Lehman v. CAB, 209 F. 2d 289, 295three paragraphs of sec. 409(a) to be dis­ (C.A.D.C., 1953), cert, denied, 347 U.S. 916 tinct from, and in addition to the remainder. Advertising Claim: “America’s (1954). 63 15 CAB 876, 881 (1952) “ [WJith respect Most Warranted * * * ” to any application for approval of matters 1 Section 408 does not always expressly re­ covered by sections 408 and 409 hereafter fer to persons controlling air carriers. For § 15.116 Advertising claim: “America’s filed, whenever the Board has reasonable example, in section 408(a)(3) such persons most warranted * * grounds to believe that the applicant has, are included within the phrase “engaged in at the time of his application, violated any phase of aeronautics." See Resort Air­ (a) The Commission advised a manu­ either of those sections by having acted lines, Interlocking Relationships, 23 CAB 143 facturer who wished to use the adver­ (1956). without prior Board approval, the applica­ tising claim “America’s most warranted tion will be held in abeyance until either * * *” that it would be inappropriate 6 Nor do we believe that Congress intended the alleged violation has been voluntarily the “aeronautical holding company” provi­ terminated or the completion of a proceed­ and impracticable for it to give the de­ sions of sec. 409 (pars. (a)(4 )-(6 ) dealing ing to determine the existence of the viola­ sired advisory opinion. with persons “whose principal business, in tion and, in the event a violation is found (b) Citing § 1.51 of this chapter, the purpose or in fact, is the holding of stock to exist, until the violator has taken required in, or control of, any other person engaged Commission stated that the proposed corrective action.” claim was such that an informed decision

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3819 RULES AND REGULATIONS

P ar. 2. Section 301.6312-1 is amended when tested 24 hours after the time of thereon could be made only after ex­ by adding a new paragraph (d) at the tensive investigation, -clinical study, test­ packaging. end thereof. ing or collateral inquiry. (c) [Deleted! Any person who will be adversely (Sec. 7805, Internal Revenue Code of 1954 (c)’ I f the statement in question is (68A Stat. 917; 26 U.S.C. 7805)) true the Commission added, then of fected by the foregoing order may at course there is nothing in the statutes any time within 3C days from the date of [ s e a l ] S h e l d o n S. C o h e n , which it administers to prohibit its use. its publication in the F ederal R egister Commissioner of Internal Revenue. file with the Hearing Clerk, Department Th© question, however, is enormously Approved: March 3, 1967. complicated and to answer it would re- of Health, Education, and Welfare, Room nuire both quantitative and qualitative 5440, 330 Independence Avenue SW., S t a n l e y S. S u r r e y , determinations which could only be made Washington, D.C. 20201, written objec­ Assistant Secretary of after extensive investigation. While tions thereto, preferably in quintuplicate. the Treasury. the Commission must of necessity in­ Objections shall show wherein the per­ In order to provide rules for the de­ vestigate the use of extravagant claims, son filing will be adversely affected by posit of corporation income and esti­ such investigation should not be ini­ the order and specify with particularity mated income tax with Government de­ tiated in support of an advisory opinion. the provisions of the order deemed ob­ positaries, the Income Tax Regulations (d) Moreover, because of the nature jectionable and the grounds for the (26 CFR Part 1) are amended as of the proposed claim, Commission ap­ objections. I f a hearing is requested, the objections must state the issues for follows: proval could be construed and exploited P aragraph 1. Paragraph (a) (2) of as Government endorsement. the hearing. A hearing will be granted § 1.6081-3 is amended to read as follows: if the objections are supported by (38 Stat. 717, as amended; 15 U.S.C. 41-58) grounds legally sufficient to justify § 1.6081-3 Automatic extension of. time Issued: March 7,1967. the relief sought. Objections may be ac­ for filing corporation income tax companied by a memorandum or brief in returns. By direction of the Commission. support thereof. (a) In general. * * * [ s e a l] J o s e ph W. S h e a , (2) The original of the application Secretary. Effective date. This order shall become effective on the date of its publication in must be filed on or before the date pre­ [FR. Doc. 67-2550; Filed, Mar. 7, 1967; the F ederal R e g ist e r . scribed for the filing of the return of 8:46 a.m.] the corporation with the internal reve­ (Sec. 4 09(c)(1), 72 Stat. 1786; 21 U.S.C. 348 nue officer with whom the corporation ( c )(1 )) is required to file its income tax return. Dated: February 28, 1967. The corporation shall make a remit­ Title 21— FOOD AND DRUGS J. K . K ir k , tance of an estimated amount of tax Chapter I— Food and Drug Adminis­ Associate Commissioner which shall not be less than would be for Compliance. required as the first installment under tration, Department of Health, Edu­ section 6152(a) (1) should the corpora­ cation, and Welfare fFJEt. Doc. 67-2566; Filed, Mar. 7, 1967; tion elect to pay the tax in installments. 8:47 a.m.] SUBCHAPTER B— FOOD AND FOOD PRODUCTS ***** PART 121— FOOD ADDITIVES Par. 2. Section 1.6151-1 is amended by adding a new paragraph (d) at the end Subpart D— Food Additives Permitted Title 26-INTERNAL REVENUE thereof to read as follows: in Food for Human Consumption Chapter I— Internal Revenue Service, § 1.6151-1 Time and place for paying tax shown on returns. D ie t h y l P yrocarbonate Department of the Treasury ***** The Commissioner of Food and Drugs, [T.D. 6914] having evaluated the. data submitted in (d) Use of Government depositaries. a petition (FAP 6H2011) filed by Hazel- SUBCHAPTER A— INCOME TAX For provisions relating to the use of Fed­ ton Laboratories, Inc., Falls Church, Va. eral Reserve banks and authorized com­ PART 1— INCOME TAX; TAXABLE mercial banks in depositing the taxes 22046, and other relevant material has YEARS BEGINNING AFTER DECEM­ concluded that the food additive regula­ see § 1.6302-1. tions should be amended to provide for BER 31, 1953 Par. 3. Paragraph (a) of § 1.6152-1 is the use of diethyl pyrocarbonate in malt SUBCHAPTER F— PROCEDURE AND amended by adding a new subparagraph beverages as set forth below. Therefore, ADMINISTRATION (3) at the end thereof to read as follows: pursuant to the provisions of the Federal Food, Drug, and Cosmetic Act (sec. 409 PART 301— PROCEDURE AND § 1.6152—1 Installment payments. (c )(1 ), 72 Stat. 1786; 21 U.S.C. 348(c) ADMINISTRATION (a) Privilege of corporation to elect ( 1) ) , and under the authority delegated Deposit of Corporation Income and to make installment payments. * * * to the Commissioner by the Secretary of (3) Use of Government depositaries. Health, Education, and Welfare (21 CFR Estimated Income Tax With Gov­ For provisions relating to the use of Fed­ 2.120), -§ 121.1117 is amended by delet­ ernment Depositaries eral Reserve banks and authorized com­ ing paragraph (c) and revising para­ On January 11, 1967, notice of pro­ mercial banks in depositing the taxes graph (b) to read as follows: posed rule making was published in the see § 1.6302-1. § 121.1117 Diethyl pyrocarbonate. F ederal R eg ister (32 F.R. 279) with re­ * * * * *

$ - * * * * spect to the amendment of the Income Par. 4. There is inserted immediately (b) It is used or intended for use as aTax Regulations (26 CFR Part 1) to pro­ after § 1.6154r-3 the following new fermentation inhibitor: vide rules for the deposit of corporation section: (1) In still wines to be added before or Income and estimated income tax with Government depositaries. After con­ § 1.6154-4 Use of Government deposi­ during bottling at a level not exceeding taries. 200 parts per million, of which none shall sideration of all such relevant matter as remain when the wine is tested 5 days was presented by interested persons re­ For provisions relating to the use of garding the rules proposed, the amend­ after the date of bottling. Federal Reserve banks and authorized (2) In fermented malt beverages to ments as proposed are hereby adopted, commercial banks in depositing the taxes be added before or during packaging at subject to the changes set forth below: see § 1.6302-1. P aragraph 1. Paragraph (b) of § 1> a level not exceeding 150 parts per mil­ Par. 5. There are inserted immediately lion. The treated fermented malt bev­ 6302-1, as set forth in paragraph 5 of the notice of proposed rule making, is after § 1.6165-1 the following new erage shall not contain more than 5 sections: parts per million of diethyl carbonate changed.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3820 RULES AND REGULATIONS

§ 1.6302 Statutory provisions; mode or time to make the required deposits within Department finds it necessary to pre­ time o f collection, use of Govern­ the time prescribed. The corporation ment depositaries. scribe further regulations. The Depart­ may secure the form or additional forms ment also finds, in accordance with 5 Sec. 6302. Mode or time of collection— (a) by applying therefor and supplying the U.S.C. 553, that notice and public pro­ Establishment by regulations. If the mode district director or director of a service cedure thereon are impracticable, un­ or time for collecting any tax is not provided center with its name, identification num­ necessary and contrary to the public for by this title, the Secretary or his delegate ber, address and the taxable year to may establish the same by regulation's. interest since the regulations, apply to which the deposits will relate. deposits of installment payments of * * * * * (d) Failure to deposit. For provisions estimated corporation income tax due on (c) Use of Government depositaries. The relating to the penalty for failure to make April 15, 1967, and require the use of Secretary or his delegate may authorize Fed­ a deposit within the prescribed time, see forms in connection with such deposits eral Reserve banks, and incorporated banks the provisions of § 301.6656-1 of this or trust companies which are depositaries or which must be obtained prior to that financial' agents of the United States, to re­ chapter (Regulations on Procedure and date. ceive any tax imposed under the internal Administration). Accordingly, Part 214, entitled as above revenue laws, in such manner, at such timog, and also appearing as Treasury Depart­ P ar. 6. Section 301.6312-1 is amended and under such conditions as he may pre­ by adding a new paragraph (d) at the ment Circular No. 1079, dated March 3, scribe; and he shall prescribe the manner, end thereof to reads as follows: 1967, is hereby added to Chapter II, Title times, and conditions under which the re­ 31 of the Code of Federal Regulations, to ceipt of such tax by such banks and trust § 301.6312—1 Treasury certificates o f read as follows: companies is to be treated as payment of such indebtedness, Treasury notes, and tax to the Secretary or his delegate. Sec. Treasury bills acceptable in payment 214.1 Scope of regulations. § 1.6302—1 Use o f Government deposi­ of internal revenue taxes or stamps. 214.2 Authorization of Federal Reserve taries in connection with corporation Banks. income and estimated income taxes. (d) In the case of payments of tax 214.3 Functions of Federal Reserve Banks. 214.4 Authorization of Depositaries for Fed­ (a) Requirement. For taxable years required to be deposited with Govern­ eral Taxes. ending on or after December 31, 1967, ment depositaries by regulations under 214.5 Functions of Depositaries for Federal a corporation (other than a foreign cor­ section 6302 of the Code, certificates, Taxes. poration referred to in paragraph (g) notes, or bills referred to in paragraph 214.6 Federal Tax Deposit Forms. of § 1.6012-2) shall deposit with a Fed­ (a) of this section may be deposited with A u t h o r it y : The provisions of this Part eral Reserve bank all payments of tax a Federal Reserve bank or branch, or 214 issued under sec. 10, 56 Stat. 356, as imposed by Chapter 1 of the Code (in­ with the Office of the Treasurer of the amended; Sec. 15, 38 Stat. 265; sec. 8, 40 Stat. cluding any payments of estimated tax) United States, in part or full satisfaction 291, as amended; 12 U.S.C. 265, 391; 31 U.S.C. on or before the date otherwise pre­ of such tax liability. As in the case of 771, and sec. 6302(c), Internal Revenue Code scribed for paying such tax. all remittances of amounts so required of 1954, as amended, unless otherwise noted. (b) Depositary forms. A deposit re­ to be deposited, each such deposit of Source: The provisions of this Part 214 certificates, notes, or bills shall be ac­ appear at 32 F.R. 3820, Mar. 8, 1967, and are quired to be made by this section shall be contained in Treasury Department Circular made separately from a deposit required companied by the appropriate deposit No. 1079, dated Mar. 3, 1967. by any other section. A corporation may form in accordance with the regulations make one, or more than one, remittance under section 6302. In such cases, not­ § 214.1 Scope o f regulations. of the amount required by this section to withstanding paragraphs (b) and (c) of The regulations in this part authorize be deposited. Each remittance shall be this section, receipts for such certificates, Federal Reserve Banks and Depositaries accompanied by a Federal Tax Deposit, notes or bills shall no longer be issued for Federal Taxes to receive deposits of Corporation Income Taxes, form (Form in the name of the district director. corporation income tax. The regulations 503) which shall be prepared in accord­ [FJt. Doc. 67-2587; Filed, Mar. 7, 1967; govern the processing of deposits with ance with the instructions applicable 8:49 a.m.J such Banks and Depositaries of (a) in­ thereto. The remittance, together with stallment payments of estimated corpo­ Form 503, shall be forwarded to a Fed­ ration income tax pursuant to section eral Reserve bank, or at the election of 6154 of the Internal Revenue Code of the corporation, to a commercial bank Title 31— MONEY AND 1954, as amended, made on and after authorized in accordance with Treas­ January 1,1967, and (b) installment and ury Department Circular No. 1079, 31 FINANCE: TREASURY final payments of corporation income tax CFR Part 214, to accept remittances Chapter II— Fiscal Service, Depart­ (other than estimated income tax) pur­ of the tax for transmission to a Fed­ suant to section 6152 of that Code, as eral Reserve bank. The timeliness of ment of the Treasury amended, made on and after January 1, the deposit will be determined by the SUBCHAPTER A— BUREAU OF ACCOUNTS 1968, for tax years ending on and after date of receipt by a Federal Reserve [Dept. Circular 1079] December 31,1967. Such tax is hereafter bank or by the authorized commercial referred to as corporation income tax. bank, whichever is earlier. Each corpo­ PART 214— DEPOSIT WITH FEDERAL § 214.2 Authorization of Federal Re­ ration making deposits pursuant to this RESERVE BANKS AND DEPOSI­ section shall report on the return or dec­ serve Banks. laration for the period with respect to TARIES FOR FEDERAL TAXES OF The Federal Reserve Banks, as fiscal which such deposits are made informa­ CORPORATION INCOME TAX agents of the United States, are hereby tion regarding such deposits in accord­ UNDER THE INTERNAL REVENUE authorized and directed, subject to the ance with the instructions applicable to CODE OF 1954, AS AMENDED provisions of this part, to receive from such return or declaration. Amounts corporations or their agents, deposits of On March 8, 1967, at 32 F.R. 3819, the deposited under this section shall be con­ corporation income tax. sidered as payment of the tax. Commissioner of Internal Revenue pre­ scribed regulations governing the deposit § 214.3 Functions o f Federal Reserve (c) Procurement of the prescribedof corporation income and estimated in­ Banks. forms. Copies of Form 503, the Federal come tax with Federal Reserve Banks (a) The Federal Reserve Banks shall Tax Deposit, Corporation Income Taxes, and with commercial banks authorized form will so far as possible be furnished perform the following functions with re­ to accept remittances of such tax for spect to deposits of corporation income corporations. A corporation will not be transmission to Federal Reserve Banks. tax: excused from making a deposit, however, In order to implement those regulations by the fact that no form has been fur­ (1) The Banks shall receive directly by authorizing Federal Reserve Banks from corporations, or their agents, remit­ nished to it. Corporations not supplied and Depositaries for Federal Taxes to ac­ with the proper form should make appli­ tances in the form of check or money cept payment of corporation income tax order, drawn to the order of the Bank cation therefor to the district director (or and establishing procedures for the proc­ director of a service center) in ample covering the amount to be deposited as essing of such payments, the Treasury corporation income tax, accompanied by

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3821

the date each deposit was received on mately one month prior to the due date a preinscribed Form 503 "—Federal Tax of their first deposit. However, a cor­ Deposit, Corporation Income Taxes, on the tax deposit form, and transmit the forms, together with payment there­ poration will not be excused from mak­ which the amount of the deposit has been ing a deposit by the fact that no Form entered in the space provided. for, to the Federal Reserve Bank of their district at the close of business on the 503 has been furnished. Accordingly, if (2) The Banks shall stamp, in the a corporation required to make such de­ space provided on the face of each tax day the deposits were received, in accord­ ance with requirements stated in sub- posits has not received Form 503 tax de­ deposit form received directly from cor­ posit forms, it should communicate with porations, the date the tax deposit was paragraph (6) of this paragraph. (3) Depositaries shall not accept pub­ the District Director of Internal Revenue received, and the name and identifying for the district in which the corporation number of the Bank. lic debt securities of the United States as deposits of corporation income tax. files its return (or director of the Internal (3) The Banks shall receive from De­ Revenue Service Center for its region). positaries for Federal Taxes, under cover (4) Depositaries shall, upon request by a corporation, acknowledge receipt of Likewise, if additional tax deposit forms of transmittal letters, remittances or ad­ are needed, the corporation should re­ vices of credits to Treasury Tax and Loan deposits. This may be accomplished by placing their stamp impression in the quest such additional supplies from the Accounts and tax deposit forms relating District Director or Service Center, fur­ to deposits of corporation income tax space provided on the stub portion of the tax deposit form, detaching the stub, nishing its name, identification number, made with such Depositaries. address and the ending date of its tax­ (4) The Banks shall establish account­ and returning it to the taxpayer. (5) Depositaries shall place, in the able year, as shown on the corporation’s ing control over remittances received di­ tax return. rectly from corporations, as well as re­ space provided on the face of each tax mittances and advices of credit received deposit form, a stamp impression re­ Dated: March 3, 1967. from Depositaries, and process related flecting (i) the date on which the tax de­ posit was received by the Depositary or [ s e a l ] J o h n K . C a r lo c k , entries in the account of the Treasurer Fiscal Assistant Secretary. of the United States. its branch; (ii) the name and location of the Depositary; and (iii) the De­ [F.R. Doc. 67-2585; Filed, Mar. 7, 1967; (5) The Banks shall establish account­ 8:49 a.m.] ing control over tax deposit forms, positary’s transit number or identifying process the forms, and transmit them to number assigned by the Federal Reserve the Office of the Treasurer of the United Bank. The timeliness of the deposit will be determined by the date of receipt SUBCHAPTER B— BUREAU OF THE States. PUBLIC DEBT shown by the stamped impression. § 214.4 Authorization o f Depositaries (6) Depositaries shall forward daily to PART 309— ISSUE AND SALE OF for Federal Taxes. the Federal Reserve Bank of their dis­ TREASURY BILLS trict all tax deposit forms received that Every incorporated bank and trust day from taxpayers, together with pay­ company, now or hereafter designated Acceptance of Treasury Bills for ment in funds immediately available at Various Purposes and qualified to act as a Depositary for the Federal Reserve Bank point, or with Federal Taxes under Part 213 of this advice that funds have been credited in subchapter (Treasury Department Cir­ The regulations set forth in Treasury the Treasury Tax and Loan Account of Department Circular No. 418, revised, as cular No. 848, Second Revision, dated the Depositary. Depositaries shall de­ May 2, 1958), is hereby authorized and amended, dated February 23, 1954 (31 tach any stubs, which were left attached CFR Part 309) have been revised and directed to accept from corporations or to the deposit forms by taxpayers, before their agents, subject to the provisions of amended in the form shown below. As forwarding the deposit forms to the Fed­ these revisions and amendments which this part and without compensation for eral Reserve Bank. Each transmittal its services, deposits of corporation in­ were adopted on March 3, 1967, are all will be accompanied by a transmittal matters concerning the fiscal policy of come tax. To the extent provided in letter in the form prescribed by the Fed­ § 214.5(a) ( 6), such tax deposits are eli­ the United States, notice and public pro­ eral Reserve Bank of the district. cedures thereon are unnecessary. gible for deposit in a Depositary’s Tax (7) Depositaries shall establish, prior and Loan Account, maintained under its to transmittal to the Federal Reserve Dated: March3,1967. qualification as a Special Depositary of Bank, an adequate record of all deposits [ s e a l] J o h n K . C a r lo c k , Public Moneys pursuant to Part 203 of of corporation income tax, so that a De­ Fiscal Assistant Secretary. this subchapter (Treasury Department positary will be able to identify deposits Circular No. 92 (Revised), dated Novem­ in the event tax deposit forms are lost in Section 309.5 of Department Circular ber 10,1949, as amended). shipment between it and the Federal Re­ No. 418, revised, as amended, dated Feb­ serve Bank. For this purpose a record ruary 23, 1954 (31 CFR Part 309) is § 214.5 Functions o f Depositaries for hereby amended as follows: Federal Taxes. should be made of each deposit, showing the date of deposit, the corporation’s em­ § 309.5 Acceptance of Treasury bills for (a) Depositaries for Federal Taxes ployer identification number, and the various purposes. shall perform the following functions amount of the tax deposit. The De­ (a) Acceptable as security for public with respect to deposits of corporation positary’s copy of transmittal letters income tax: deposits. Treasury bills will be accept­ may be used to provide the necessary in­ able at maturity value to secure deposits (1) Depositaries shall accept directlyformation if individual deposits are of public moneys. from corporations or their agents, cash listed separately, showing employer’s or checks, drawn on and to the order of identification number, deposit date and (b) Acceptable in payment of taxes. the Depositary, covering the amount to related amount for each deposit. The Secretary of the Treasury, in his be deposited as corporation income tax. (b) The Federal Reserve Banks will discretion, when inviting tenders for Each deposit must be accompanied by a furnish Depositaries with further infor­ Treasury bills, may provide that Treas­ pre-inscribed Form 503—Federal Tax mation. ury bills of any series will be acceptable ,1 at maturity value, whether at or before Deposit, Corporation Income Taxes on § 214.6 Federal Tax Deposit Forms. which the amount of the deposit has been maturity, under such rules and regula­ entered in the space provided. Each deposit of corporation income tions as he shall prescribe or approve, in payment of income taxes payable under ( 2 ) Depositaries are not required to ac­ tax shall be accompanied by a Form 503—Federal Tax Deposit, Corporation the provisions of the Internal Revenue cept from corporations checks drawn on Code. Treasury bills which by the other banks, but they may do so at their Income Taxes.1 The Bureau of Ac­ counts, Treasury Department, on the terms of their issue are acceptable in own risk.. If such checks are accepted, payment of income taxes may be sur­ Depositaries must, nevertheless, stamp basis of data furnished by the Internal Revenue Service, will so far as possible rendered to any Federal Reserve Bank or Branch, acting as fiscal agent of the 1 Form 503 attached to Department Circular furnish to corporations a supply of tax 1079, dated Mar. 3, 1967, filed as part of orig­ deposit forms sufficient to meet their nor­ United States, or to the Office of the inal document. mal needs for the current year, approxi­ Treasurer of the United States, Wash-

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45------3 3822 RULES AND REGULATIONS ington, D.C. 20220, 15 days or less before 5. Item (101) is amended by the dele­ adornment which is the product of China the date on which the taxes become due. tion of the words “from countries in the (1) In the case of payments of corpo­ (except Formosa), North Korea, or North authorized trade territory” ; by the dele­ Viet-Nam notwithstanding that such ad­ ration income taxes (including payments tion of the reference to § 500.322, and by of estimates) for taxable years ending dition to the merchandise may have, the addition of the following commodi­ occurred in a country other than China on or after December 31, 1967, the bills ties from the countries specified: Cotton shall be accompanied by a preinscribed (except Formosa), North Korea nr manufactures from Poland, Czechoslo­ North Viet-Nam. Form 503, Federal Tax Deposit, Corpora­ vakia and Hungary, dried eggs from tion Income Taxes, on which the face (2) Merchandise specified in this sub- Poland and South Africa, silk, raw and paragraph, howsoever processed, unless amount of the bills being surrendered waste, from Bulgaria, and walnuts from shall be entered in the space provided for Rumania. such merchandise originated in a coun­ try named as excepted for that type of the amount of the tax deposit. The of­ 6. Item (105) is amended by the addi­ fice receiving the bills and Form 503 will merchandise and is imported into the tion to the list of examples of “hair, United States directly from that country: acknowledge receipt of the bills to the human from Pakistan.” owner corporation and effect the tax 7. Item (114), a policy statement con­ deposit on the date on which the taxes Type of merchandise countries cerning cultural and educational mate­ (i) All merchandise, not None, become due. Accordingly, in these rials from Communist China, is added. cases, it will no longer be necessary to elsewhere specified in 8. Item (201) is amended by the addi­ this paragraph, if prior submit receipts for Treasury bills to the tion of the commodity “shark fins” to to December 17,1950, im­ Internal Revenue Service with the cor­ the list of Chinese type foodstuffs. ports thereof into the poration’s declaration or tax return. 9. Item (214). An authorization with United States were chief­ (2) In the case of payments of all respect to “Purchases at the ‘Rice Bowl’ ly of Chinese origin with­ other income taxes the office receiving and at the ‘Welfare Handicrafts,’ Hong in the meaning of this the bills will issue receipts (in duplicate) Kong,” is added. chapter, and, to the owners. The original of the re­ (ii) All of the following 10. Several minor editorial changes specified types-of mer- ceipt shall be submitted, by the owner, are made. chandise : in lieu of the bills, together with the Aniseed, star ______None. tax return, to the District Director, In ­ As so amended, § 500.204 and the ap­ pendix thereto read as follows : Aniseed oil .______None! ternal Revenue Service. Antiques, Chinese type None, (c) Discounting by Federal Reserve § 500.204 Importation of and dealings (except Chinese porce­ Bank of notes secured by Treasury bills: in certain merchandise. lain which qualified under items 766.20-25 Notes secured by Treasury bills are eli­ (a) Except as specifically authorized gible for discount or rediscount at Fed­ of Title I — Tariff by the Secretary of the Treasury (or any Schedules of the Uni­ eral Reserve Ranks as provided under person, agency, or instrumentality desig­ ted States, Tariff Act the provisions of section 13 of the Fed­ nated by him) by means of regulations,’ of 1930, as amended, eral Reserve Act, as are notes secured by rulings, instructions, licenses, or other­ and which is decorated bonds and notes of the United States. wise, no person subject to the jurisdiction with the armorial bear­ (d) Acceptable in connection with ing, crests, mono­ of the United States may purchase, grams, cyphers, or foreign obligations held by United transport, import, or otherwise deal in or States. Treasury bills will be acceptable badges of European or engage in any transaction with respect to American families or at maturity, but not before, in payment any merchandise outside the United societies or bearing of interest or of principal on account of States if such merchandise is: motifs based thereon, obligations of foreign governments held ( 1 ) Merchandise the country of origin or with European or by the United States. of which is China (except Formosa), American political, memorial, or Masonic [F.R. Doc. 67-2586; Filed, Mar. 7, 1967; North Korea, or North Viet-Nam. scenes or devices, or 8:49 a.m.] Articles which are the growth, produce with European or or manufacture of these areas shall be American figures, ships, deemed for the purposes of this chapter or other scenes, or with Chapter V— Office of Foreign Assets to be merchandise whose country of motifs or inscriptions Control, Department of the Treas­ origin is China (except Formosa), North in English, Latin, or ury Korea, or North Viet-Nam, notwith­ any other European standing that they may have been sub­ language). PART 500— FOREIGN ASSETS Bamboo, split______None. jected to one or any combination of the Braids, straw------— Italy, Japan. CONTROL REGULATIONS following processes in another country: Bristles, hog (except None, (i) Grading; (ii) testing; (iii) checking; nondyed European hog Importations of and Dealings in Cer­ (iv) shredding; (v) slicing; (vi) peeling bristles). tain Merchandise and Customs or splitting; (vii) scraping; (viii) clean­ Brushes, paint and hair None, Procedures ing; (ix) washing; (x) soaking; (xi) pencil, and parts there­ of, containing hog Section 500.204(a) (2) (ii) is amended drying; (xii) cooling, chilling, or refrig­ erating; (xiii) roasting; (xiv) steaming; bristles more than 1 y2 by deleting from the item “human hair” inches in total length in the list therein of types of merchan­ (xv) cooking; (xvi) curing; (xvii) com­ or more than 1% dise, “nets and netting.” bining of fur skins into plates; (xviii) inches in length out blending; (xix) flavoring; (xx) preserv­ Section 500.204, Appendix, is amended of the ferrule. in the following respects; ing; (xxi) pickling; (xxii) smoking; Carpet wool, Tibetan None. (xxiii) dressing; (xxiv) salting; (xxv) and Nepalese types. 1. Each item1 is renumbered. dyeing; (xxvi) bleaching; (xxvii) tan­ Cashmere______Iran. 2. Item (12), renumbered (14). The ning; ( xx viii) packing; (xxix) canning; C assia______Indonesia. definition of the term “hair, human, Cassia oil____ None. (xxx) labeling; (xxxi) carding; (xxxii) Chinese type : Asiatic” is amended to exclude hair combing; (xxxiii) pressing; (xxxiv) any originating in Turkey, Israel, and Art objects ...... None. Lebanon. process similar to any of the foregoing. Beverages ______None. Any. article wheresoever manufactured Drugs ______3. Item (17) (b), renumbered (20)(b). None. shall be deemed for the purposes of this Foodstuffs____ J.___ The definition of “molybdenum” is None. chapter to be merchandise whose coun­ G a rm e n ts ____ 1 ___ None. amended to include am m onium try of origin is China (except Formosa), Herbs ______None. molybdate. North Korea, or North Viet-Nam, if Ivory articles___ None. 4. Item (20), renumbered (23). The there shall have been added to such Jade articles______None. Medicines, prepared___ definition of “stones, semiprecious” is articles any embroidery, needle point, None. amended to exclude raw stones. Rugs ______None. petit point, lace or any other article of T e a ______Formosa.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3823 RULES AND REGULATIONS beads are attached is cotton, linen, or silk Excepted Camphor, natural and synthetic. (see also Appendix 9 and Appendix 18). Tvve of merchandise countries camphor oil, natural and synthetic. (3) “Braids, straw” does not include un­ i yy 1 Cane webbing. finished hats of straw braid. Cinnamic aldehyde------None. Carpet wool. (4) “Bristles, hog” includes bristles in Cinnamon oil------— Carpets. knots or other processed condition. cheues. Castor beans. (5) “Cane webbing” includes rattan web­ C orn m in t oil------Argentina, Castor oil. bing. . . „ . . . ®raz“ - Chinaware. (6) “Cashmere and camel hair include Eggs, poultry: Citronella oil. cashmere and camel hair in any processed Whole in the shell, None. Cotton manufactures. form (e.g. scoured, dehaired, top rovings, preserved. Cotton waste. noils, and yarn waste) but does not include Dried (whole, albu- None. Earthenware, cashmere and camel hair which have been men, or yolks). Embroideries and embroidered articles. spun, woven, or knitted, i.e., yarn and fabric. Embroideries and em- None. Hair, animal. (7) “Cassia,” includes all species of the broidered articles of Hair nets of any material, genus cinnamomum except cinnamomum types chiefly imported Handkerchiefs. zeylanicum. from China prior to Hardwood manufactures, except bentwood (8) “Cinnamic aldehyde” does not include December 17,1950. furniture. synthetic cinnamic aldehyde. Feathers and down, Asi- Burma, India, Hats, paper, (9) “Cotton manufactures” does not in­ atic, except peacock Formosa, Hides, buffalo, clude rubber soled shoes with canvas uppers, feathers. Thailand, and Ivory manufactures. cotton umbrellas, or mixed tetron, dacron, those areas of Lace and lace articles. orlon or rayon articles of less than 50 per­ Viet-Nam Linen manufactures, except wearing apparel which are not not containing any lace, embroidery or cent cotton content. (10) “Cotton waste” does not include under Com- brocade, munist con­ linters or grabbots. Ores and metals: (11) “Currency, coins, postage and other trol Antimony. stamps” issued by China (except Formosa), Firecrackers ------None. Bismuth. North Korea, or North Viet-Nam are mer­ Floor coverings, grass, Japan. Mercury. chandise of Chinese, North Korean, or North straw and seagrass. Molybdenum. Viet-Namese origin and subject to § 500.- Fur skins.: Tin. 204(a)(1). „ _ . . Goat and kid------Argentina, Tungsten. (12) “Embroidered articles does not in­ Ethiopia, Peanut oil. Iran, Iraq. clude beaded articles. Peanuts. (13) “Furskins” includes the fur or hair K o lin sk y ______Republic of Ramie. removed from the skin, e.g., goat hair from Korea. Rugs. goat fur skins, and includes fur neck pieces. Weasel ______Canada. Seagrass manufactures. It does not include fur scarves and stoles Gallnuts, except Aleppo None, Sesame oil. which are fur manufactures. gallnuts. S 6S&Q16 Seed* (14) “Hair in various forms.” (i) The Ginger root, candied or None, Shoes, leather soled with nonleather uppers, term “hair, human, Asiatic” is defined to in­ otherwise prepared or except ladies’ high-heel shoes. clude hair originating in the Republic of preserved. Silk: _ .. Indonesia and in the Republic of the Philip­ Hair, human, Asiatic— None. Manufactures except Western style suits pines and to exclude hair originating in Hats, unfinished: and Indian saris. Turkey, Israel and Lebanon. ( Manila hemp (abaca)- None. Raw. (ii) The items "hair, human, Asiatic, ’ Palm leaf______Mexico, Philip­ Waste. “fur skins,” and “yak hair” include com­ pines. Skins, deer and goat. modities processed therefrom, e.g., beards, Straw ______Brazil, B o o l­ Stones, semiprecious. braids, buns, chignons, eyelashes, hair pieces, ean Republic, Stones, semiprecious, manufactures. mustaches, nets, netting, switches, tresses, Italy, Japan, Straw manufactures. wefts, wefted wiglets, wigs and wiglets. Philippines. Tapestries. (15) “Hats” finished in third countries Jade stones, cut but not None, Tapioca. from hat bodies made in China (except set, suitable for use In Tapioca flour. Formosa), North Korea, or North Viet-Nam jewelry. are merchandise of Communist Chinese, Menthol, natural and Brazil, (4) Merchandise specified in this sub- North Korean, or North Viet-Namese origin. synthetic (except ra­ paragraph, howsoever processed, if such (16) “Hides, buffalo” includes those of cemic) . merchandise Is or has been located in or Indian water buffalo. Musk ______None. transported from or through Hong Kong (17) “Jade articles, Chinese type” includes R u t i n ------None. or Macao. jade band rings. Seagrass mats and Japan, (18) “Linen manufactures” in c lu d es squares. T y p e o f M e r c h a n d is e wearing apparel made in whole or in part of Silk, tussah, muga, eri— None. brocade, embroidery, or lace. Feather manufactures. Silk piece goods, tussah, None, (19) “Musk” includes musk dissolved in Glass, sheet (w indow ). muga, eri. a fluid. Sophera Japonica------None. Graphite. *(2 0 ) “Ores and metals.” (a ) Antimony Tannic acid, from gall- None, Honey. includes antimony oxide and sodium anti- Marine products, edible. nuts other than Pigeons, frozen or otherwise prepared or pre­ monate, but does not include antimonial Aleppo gallnuts. lead of less than 5 percent antimony. served. Tung oil______- Argentina, Bra­ Poultry, frozen or otherwise prepared or pre­ (b) Molybdenum includes ammonium zil, Paraguay. served. molybdate but does not include ferromo- Walnuts, except black France, I r a n , lybdenum. A p p e n d ix t o Se c t io n 500.204— D e f in it io n s or pickled walnuts. Italy, Turkey. (c) Tungsten includes tungstic acid, a n d I nterpretations , St a t e m e n t s o f L i ­ Yak hair______None. hubnerite (manganese tungstate), tungsten c e n s in g P o lic ie s a n d A uthorizations (3) Merchandise specified in this sub- oxide, ammonium paratungstate, and tung­ DEFINITIONS AND INTERPRETATIONS OF SECTION sten powder, but does not include ferro- paragraph, howsoever processed, if such 500.204 merchandise is or has been located in or tungsten. (1) “Chinese type” refers to items which (21) “Silk, tussah, muga, and eri” in­ transported from or through Hong Kong, cludes raw silk, silk waste, silk noils, and are typically and principally used by Chinese Macao, or any country not in the au­ continuous filament silk yarn and thread, or which are prepared, processed or designed but does not include other silk yarn or thorized trade territory. in the Chinese manner. Excluded are cer­ thread of tussah, muga or eri silk. T y p e o f M e r c h a n d is e tain items such as rice customarily consumed by Chinese but also consumed in consider­ (22) “Silk piece goods, tussah” includes Agar-agar. able quantities by others. antung, honan, nanshan, pongee, and shan­ Bamboo: (2) “Beaded articles”— Beaded articles, tung, but does not include any fabrics con­ Bags, baskets and other manufactures, ex­ taining 5 percent or less tussah fibers, or such as beaded bags, are regarded as cotton, cept furniture. pnpn, or silk manufactures subject to wool fabrics containing tussah silk if the Poles and sticks. § 500.204(a) (3) if the fabric to which the material consist chiefly of wool. Brocades and brocade articles.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3824 RULES AND REGULATIONS

(23) “Stones, semiprecious” includes all and textile waste from the U.S.S.R. and Outer gem stones except diamonds, rubies, sap­ Mongolia, including. of the ship on which merchandise will arrive phires, and emeralds. It does not include port of arrival, and identification of the mer pearls. It also does not include raw stones. Badger hair. Horse tail hair. chandise (case markings and numbers) • (24) “Stones, semiprecious, manufactures” Carpet wool. Other horse hair. Evidence of shipment of the merchandise includes jewelry made of semiprecious Cotton waste. Silk waste. from the expected country to the port of stones. Goat hair. Yak hair. transshipment; and (3) Evidence that the Horse mane hair. merchandise from the time of its arrival in (25) “Straw manufactures” includes tea pads. (For definition of "authorized trade ter­ said port until the time of its shipment ritory” see § 500.322.) therefrom on the ship named in (1) above (26) “Tea chest paper” is joss paper, which is subject to § 500.204(a) (2) ( i ) . (101) Quotas for imports of certain com­ ™ f . . no time in the custody of any person modities from other countries. Under cer­ other than a carrier, or a person acting solelv (27) Dealings abroad in commodities sub­ tain limited circumstances, quotas have been a®.age“ t for a carrier, and that no person ject to the regulations. Section 500.204 pro­ established for the importation of certain hibits not only the importation into the theretthan & Carrier or lts agent bad access commodities under annual limitations set United States of certain commodities, but by the amount determined as currently avail­ (105) Physical examination. The Office of also prohibits persons subject to the juris­ able for export. Foreign Assets Control is satisfied that cer­ diction of the United States from purchas­ Licenses are issued for: tain types of merchandise subject to ing, transporting, or otherwise dealing in or § 500.204 can be reliably determined by phvs- engaging in any transactions with respect to Cotton manufactures from Poland, Czecho­ ical examination not to be of Communist slovakia, and Hungary. such commodities which are outside the Chinese, North Korean or North Viet-Namese United States, unless authorized by license Dried eggs from Poland and South Africa. origin. Licenses to import these types of or otherwise. The term “persons subject Feathers, Asiatic, from Japan, Malaysia. merchandise are issued subject to phvsical to the jurisdiction of the United States” Firecrackers from Macao. examination at the time of entry. Examples includes foreign firms owned or controlled Lotus seeds from Thailand. by Americans, as defined in § 500.329. Lychees from Mexico. Mung beans from Peru, Thailand. Bristles, hog, not dyed, from Japan and Iran (28) Rejection of Imports. Imports of Silk, raw and waste from Bulgaria. Camel hair from Outer Mongolia. merchandise subject to § 500.204(a) (2 ), (3), Tung oil from Malawi. Cashmere. or (4) are refused, although an appropri­ Vegetables, fresh, Chinese type, from Mexico. Cassia from Indonesia and Sabah, Malaysia ate certificate of origin or specific license Chinaware from Eastern Europe. has been obtained, if there is reason to be­ Walnuts from India, Pakistan, Rumania, and Yugoslavia. Earthenware from Eastern Europe. lieve either that the merchandise is of Com­ Embroidered articles, peasant-type, from munist Chinese, North Korean, or North Viet- (102) Proof of origin. Except as set forth Eastern Europe. Namese origin or that there exists an inter­ in (112) below, the Office of Foreign Assets Hair, human, from India, Iran, and Pakistan est of a designated national therein (see Control does not prescribe the documents Rugs, grass, from Spain and Portugal. also (112) below). which will satisfactorily prove the origin of Straw manufactures from Eastern Europe (29) Process v. manufacture. A commod­ merchandise, but will consider all docu­ Wood articles from Eastern Europe. ity subject to § 500.204 remains subject ments submitted by importers to establish howsoever it has been processed. If it has origin of merchandise. However, it has been (106) Export of animal hair and skins for been manufactured in a country other t.h»n found that affidavits, statements, invoices, processing abroad. Reimports of commodi­ China (except Formosa), "North Korea, or and other documents prepared by manu­ ties subject to § 500.204 of the regulations North Viet-Nam, it remains subject only if facturers, processors, sellers, or shippers can­ which were exported from the United States the manufactured item itself is specified in not be relied on and are therefore not by for processing abroad (principally animal the section. It should not be assumed that themselves accepted by the Office of Foreign hair and skins), are licensed on the basis of a subject commodity which has undergone Assets Control as satisfactory proof of origin. satisfactory documentary proof of the export (193) Certificates of origin. There are and an estimate of the yield of processed operations other than those listed in material. § 500.204(a) (1 ), has become a manufactured many types of certificates of origin issued by form of the commodity rather than a proc­ governmental and commercial agencies (107) Other exports. Reimports of other essed form thereof. In case of question, abroad. However, the only certificates of merchandise subject to § 500.204 of the regu­ a ruling should be requested from the origin which will be accepted by Customs for lations are licensed on proof of the export. Office of Foreign Assets Control. Requests Foreign Assets Control purposes in connec­ Persons planning to export such merchan­ for rulings in the form of license applica­ tion with imports of commodities subject to dise for exhibition, repair, or for any other tions or otherwise should include adequate § 500.204 are certificates issued pursuant to purpose, should first asertain that reimport technical detail. special agreements between the country of w^h be authorized. Generally, reimport is issue and the Treasury Department. Such authorized only if Customs Form 4455 was It should be noted that it is quite possible obtained at the time of export. for merchandise to have China as its “country certificates are described in § 500.536(d). of origin” for Foreign Assets Control pur­ The name of the issuing agency in each (108) Publications from China, North poses while having some other country as its country and the list of commodities for Korea, and North Viet-Nam. Publications “country of origin” for marking or statisti­ which such certificates are available from imported directly from mainland China, cal purposes. each country appear in this Appendix. Ad­ North Korea, or North Viet-Nam may be ditions to the list are published in the F ed­ licensed for commercial importation pro­ (30) Unlicensed commitments. In the e r a l R e g iste r . vided all payments due to the Chinese, North absence of an. appropriate general license, The Office of Foreign Assets Control re­ Korean, or North Viet-Namese suppliers are contractual commitments with respect to serves the right to refuse importations when made into blocked accounts. Publications merchandise subject to § 500.204 should be the certificate of origin presented to Customs from mainland China, North Korea, and made only if the contract specifies that it in connection with an importation under North Viet-Nam may also be licensed with­ is subject to the issuance of a specific Foreign § 500.536 has been improperly issued. Cer­ out restriction as to shipment or method of Assets Control license or other authorization tificates must be requested from the certify­ payment under programs approved by the from the Office of Foreign Assets Control. ing country prior to exportation. Certifi­ Librarian of Congress or the National Science General licenses which may be applicable cates may be improperly issued if the goods Foundation for universities, libraries, re­ are §§500.536, 500.537, 500.538, and 500.539. were not produced in the certifying country search and scientific institutions. Such The fact that an unlicensed firm commit­ or were produced in the certifying country publications may also be licensed in ex- ment or payment may have been made for by a nonregistered producer. Further, if the change for publications from the United commodities subject to § 500.204 is not a certificate does not fully and specifically States. basis for licensing a transaction. describe the merchandise to which it refers (109) Chinese language films and publi­ it may likewise be rejected. cations from other areas.—Imports of Chi­ LICENSING POLICIES (104) Direct import and continuous car­ nese language films, books, magazines, and riers custody. The term “imported directly” (100) Quotas for certain commodities from almanacs may be licensed if the Control is as used in § 500.204(a) (2) includes shipment Eastern Europe and the U.S.S.R. Quotas satisfied that they were produced outside of via a third country on a through bill of lad­ have been established for the importation mainland China, North Korea, or North Viet- ing as well as direct shipment from the coun­ of certain commodities from countries not Nam and that no designated national of try of origin. Specific licenses are issued for in the authorized trade territory (except Communist China, North Korea, or North merchandise subject § 500.204(a) (2) when Communist China, North Korea, and North Viet-Nam has an interest in the transaction. the merchandise is imported from an ex­ Viet-Nam), based on records of imports of (110) Exhibitions. Certain merchandise pected country via a third country without a such commodities into the United States dur­ subject to § 500.204 being imported for exhi­ through bill of lading if the Control is satis­ ing the period 1946-51. The principal com­ bition at trade fairs, expositions, museums, fied that the merchandise remained in “con­ modities which have been licensed under etc., may be licensed for entry for that pur­ tinuous carriers’ custody.” Such licenses re­ these quotas are certain types of animal hair pose only and eventual reexport or destruc­ quire that the applicant furnish: (1) Name tion under Customs supervision.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3825

of Foreign Assets Control are available for Oysters, dried, or otherwise prepared in a (111) Research samples. Commodities the importation into the United States only subject to § 500.204, including commodities Chinese manner. (except as noted) of the commodities listed Scallops, dried, or otherwise prepared in a from mainland China, North. Korea, and below, directly or on a through bill of lading, Chinese maimer. North Viet-Nam may be licensed for import from the respective countries. for bona fide research purposes in sample (203) Hardwood manufactures. Section Changes in the list of certifiable commodi­ quantities only. 500.204(a) (3 ): ties will be published in the F ederal (112) Goods of mainland Chinese, North Boats, western style. R eg ister. Korean, or North Viet-Namese origin. l i ­ Cabinets with radio or other electronic AUSTRALIA

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3826 RULES AND REGULATIONS

Gold plated articles, Chinese type. (b ) Certificates issued by Joint Chief Graphite. Eggs, dried (whole, albumen, yolk ). Comptroller of Imports and Exports of Gov­ Rhubarb, Chinese type. Greeting cards and book markers. ernment of India. Hair, human, processed (wigs, etc.). Hair, human, raw and processed (wigs, etc.). REPUBLIC OF THE PHILIPPINES ( Certif­ Hardwood manufactures. (c) Certificates issued by Directorate of icates issued by Department of Finance Hoi sin sauce. (Bureau of Custom s)) : Marketing and Inspection Ministry of Food Ink, liquid, Chinese type. and Agriculture. Hair, human, raw and processed (wigs, etc.) Ivory manufactures, Goat hair, dressed. SINGAPORE (Certificates issued by Trade joss paper. Rhubarb root. Division, Ministry of Finance): Junks. INDONSIA ( Certificates issued by Ministry Soya bean sauce. Kudau roots. of Trade): SPAIN^iCertificates issued by Ministry of Lacquerware. Hair, human, raw and processed (wigs, etc.). Com m erce): Lamps, table. IT A LY ( Certificates issued by Ministry of Menthol, synthetic. Lanterns, silk, rayon. Industry and Commerce): SWITZERLAND (Certificates issued by Lemon sauce. Hair, human, processed (wigs, etc.). Federal Department of Public Economics) • Lemons, red, yellow. Silk piece goods, tussah. Cashmere noils, top. ' ’ Linen manufactures. JAPAN ( Certificates issued by Ministry of Silk piece goods, tussah. Lotus root, seed. International Trade and In du stry): TAIWAN (Formosa) (Certificates issued by Lychees. Abalone, canned, dried. Ministry of Economic Affairs): Marine products, fresh frozen. Bamboo, split. Bamboo shoots, canned. Mollusks, dried. Bamboo sprouts, canned, dried and shredded, Bamboo, split. Mullet, canned. raw. Bean curd, dried (sheet and stick). Mushrooms. Cuttlefish, dried. Bean thread (Fen-ssu). Musical instruments, Chinese type. Fish (sea bream ), canned, prepared. Bristles, hog. Mustard, preserved. Ginger. Cabbage, preserved. Needlework tapestries. Ginko nuts, in the shells, canned or other­ Cassia. Olives, black, white. wise prepared. Chinese medicinal herbs. Oysters, oyster sauce. Ginseng. Chop suey vegetables. Paintings and scrolls, Chinese type. Hair, human, raw and processed (wigs, etc.). Cornmint oil. Paper novelties. Hats, unfinished, manila hemp (ab aca). Cucumber, sweet, canned. Peas, garden, Chinese type. Ingen-mame, raw, canned or otherwise pre­ Cuttlefish, dried. Pewter novelties. pared. Duck eggs, salted, preserved. Pictures, cork, iron. Jade stones, cut but not set, suitable for use Firecrackers. Plum sauce. in jewelry. Foodstuffs, Chinese type, canned, frozen or Plums, preserved. Kumquats, canned or bottled. otherwise prepared. Po Chun Balm. Lotus root, canned, dried. Ginger root, candied or otherwise preserved. Punk, firecracker. Menthol. Grass squares, citronella. Radishes. Mushrooms, canned, baked, dried or other­ Grass squares, Yueh Tao. Rice powder. wise prepared. Hair, human, processed (wigs, etc.). N Rice sticks. Oyster juice. Handicraft items, Chinese type, including: Rickshaws. Plums, candied. Ceramics, including vases, bowls, dishes, Rugs, cotton rag. Quail,frozen. and animal figures. Rugs, woolen (knotted, hooked and braided). Red bean flour. Dolls. Sampans. Scallions, pickled. Embroideries and drawn work, including Sandalwood manufactures. Silk piece goods, tussah. ladies’ garments, accessories, shawls, Seagrass articles, including mats and squares. Silk waste derived from the production of piece goods and cushion covers. Shoes, leather soled with nonleather uppers. tussah silk piece goods. Furniture, chests, house furnishings, kitch­ Shrimp, dried slices, noodles, sauce, paste. Soybean meal, oil, paste, sauce. en utensils, bowls, baskets, gift items Silk manufactures. Walnuts. made in whole or in part of bamboo, Silver articles, including plate, Chinese type. (Certificates are also available for ship­ rattan, or wood. Soybean sauce. ments to third countries when the shipment Greeting cards and miscellaneous paper Stones, semi-precious, cut, jewelry, carvings, is financed in U.S. dollars by the Agency for decorative objects. manufactures, excluding jade in any form. International Development.) Lanterns. Straw manufactures. KOREA, Republic of ( Certificates issued by Matting and floor coverings. Sugar, slab, white rock. Ministry of Commerce and Industry): Musical instruments. Taro. Abalone, canned, dried. Scrolls, paper, silk. Tea, Chinese type. Bristles, hog. Wallpaper. Textile novelties. Oornmint oil. Miscellaneous items made in whole or in Theatrical costumes, Chinese type. Crabmeat, canned. part of shell, coral, fishbone, metal, Tiger Balm. Cuttlefish, dried. buffalo horn, ramie, seagrass, or jute. Tinware novelties. Duck eggs. Hoods (hat bodies), bakou, hemp, and palm Tungsten ore, concentrates. Duck products, dried, canned. raffla. Turnips, preserved. Feathers, domestic cock,-pheasant cock. Jade stones, cut but not set, suitable for use Vinegar, white, red, black. Fish, salted, dried. in jewelry. Wallpaper and textile fabrics, hand painted Floor coverings, grass, including seagrass Jelly grass, products. in Chinese type designs. mats and squares. Joss paper. Wampei. Gallnuts. Kumquats. Wastepaper baskets, folding, silk, rayon. Ginger, preserved. Lotus root, fresh, sugared, powdered. Water chestnuts, water Chestnut powder. Ginseng, raw, wine, tea, tonic. Lungngan, dried, pulp, canned, fresh. Wheat starch. Goat hair, dressed. Lychees (Litchis), canned, preserved, dried. White flower oil (Pak Feh Y eo w ). Hair, human, raw and processed (wigs, etc.). Melon seed, salted. Wine, Chinese type, medicinal, non-medic- Herbs, medicinal, raw. Menthol. inal. Jujube (red dates), dried. Mushrooms, dried, canned. Wooden novelties. Menthol. Olives, preserved. Yams. Mushrooms, dried. Oyster sauce. Certificates are also available for: Rhubarb. Peanuts, dried and/or salted. (a) Shipments to third countries when the Seaweeds, dried. Plum liquor. shipment is financed in U.S. dollars by the Shell fish, dried (oysters, scallops, other). Plums, preserved. Agency for International Development; Silk piece goods, tussah. Po Chai pills. (b) Purchases by persons subject to the Silk, tussah, raw. Prunes, preserved. jurisdiction of the United States who reside Straw braids. Radish, dried or otherwise prepared. in Hong Kong; and Walnuts. Seagrass squares. (c) Merchandise to be transshipped (Certificates are also available for ship­ Semiprecious stones, manufactures, Chinese through the United States. ments to third countries when the shipment, type (jewelry, carvings, etc.). INDIA: Silver articles. is financed by the Agency for International (a) Certificates Issued by Ministry of In ­ Development.) Soybean curd, paste, sauce. ternational Trade. Water chestnuts, powdered. ' Musk. NETHERLANDS ( Certificates issued by Wines, and other alcoholic beverages, Chinese Department of Agriculture, Fisheries, and type. Silk piece goods, tussah, muga, erl. F o o d ): Wong Lo Kat herb ingredients, mixtures.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3827

Exhibitions, fairs; App. 107, App. 110. Brocades, other than cotton; (a )(3 ); Hong (Certificates are also available for ship­ Exports; App. 107. ments to third countries when the shipment Kong. Bronze imitation antiques; (a) (2) (i); Hong Eyelashes (see hair, h u m an ). is financed in U.S. dollars by the Agency for Feathers and down; (a)(2)(ii), App. 101; International Development.) Kong. Brushes, paint; (a ) (2) ( i i ) , App. 211. UNITED KINGDOM ( Certificates issued by Feather manufactures; (a) (4); Hong Kong. Buffalo hides (see Hides, buffalo). Customs and Excise): Ferro Molybdenum; (a)(3 ), App. 20. Buflalo horn handicrafts; (a) (2) (i); Taiwan. Aniseed oil. Ferro-tungsten; (a) (3), App. 17. Buns, hair (see hair, hum an). Figurines, Jade, quartz and hardstones; (a) Camel hair noils. Cabbage; (a )(2 )(ii); Hong Kong, Taiwan. Cashmere: (3); Hong Kong. Cabinet, hardwood; (a ) (3 ), App. 203. Firecrackers; ( a ) (2 )(i i ), App. 101; Taiwan, Noils. Camel hair; (a)(3), App. 6, 105; Belgium, Washed (scoured). Viet-Nam. United Kingdom. Fish bladders; (a)(2 )(ii); Viet-Nam. Cassia oil. Camphor; (a) (3). Cinnamon oil. Fish, dried; (a)(2 )(ii), App. 202; Korea. Hair, human, processed (wigs, etc.). Camphor oil;

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3828 RULES AND REGULATIONS

Honan (tussah) silk; (a ) (2), App. 22. - Olives; (a )(2 )(H ); Hong Kong, Taiwan. Seal hair; (a) (3), App. 208. Honey; (a )(4 ). Ores and metals (see individual items) ; (a) Horse hair; (a) (3), App. 100. Seaweed, dried; (a )(2 ) (H ), App. 202; Korea (3 ), App. 20. Sesame oil, seed; (a ) (3 ). Hubnerite; ( a ) (3 ), App. 20. Orlon/cotton articles; App. 9. Indian water buffalo hides; (a)(3 ), App. 16. Shantung (tussah) silk; (a) (2) (ii), App 22 Otter hair; (a)(3), App. 208. Shark fins; (a) (2) (ii), App. 201. Ingen-mame, raw, canned, or otherwise pre­ Oysters; (a ) (2 )(H ), App. 202. pared; (a) (2) (ii) ; Japan. Shell fish, dried (oysters, scallops, others)■ Oysters, oyster sauce, juice; ( a )(2 )(H ); (a) (2) (ii); Korea. Ink, liquid (Chinese type); (a )(2 )(i); Hong Hong Kong, Japan, Taiwan. Shell handicrafts; (a)(2)(H ); Hong Konv Kong. Packing, straw; (a)(2 )(H ), App. 205. Ivory articles, Chinese type; (a ) (2) (ii), App. Japan, Korea. Paintings and scrolls, Chinese type; (a ) (21 Shell handicrafts; (a) (2) (i); Taiwan. 212. (i) ; Hong Kong. Ships store; App. 210. Ivory manufactures; (a) (3); Hong Kong. Palm leaf hats, unfinished; (a)(2)(H ). ' Jade articles (Chinese type) (e.g. jewelry, Shoes, leather soled with nonleather uppers- Panama hats; (a) (2) (ii), App. 204. (a) (3 ), App. 9; Hong Kong. bowls, figurines, carvings); (a )(2 )(H ), Pandan hats; (a)(2)(H ), App. 204. App. 17, App. 212; Taiwan. Shrimp (see also marine products); (a)(2) Paper novelties; (a) (2) (1) ; Hong Kong. (ii), (a) (4); Hong Kong. Jade stones; ( a ) (2 ) (i i ); Canada, Ecuador, Paper and silk scrolls, wallpaper, decorative Germany, Taiwan, Japan. Silk, tussah, muga, eri; (a) (2) (ii), App. 21- objects; ( a ) ( 2 ) ( i ) ; Taiwan. Korea. Jade jewelry; (a ) (3). Peacock feathers; (a) (2) (ii). Jelly grass, products; (a) (2) (ii); Taiwan. Peanut oil; (a )(3 ). Silk manufactures; (a) (3); Hong Kong. SUk piece goods, tussah, muga and eri; (a) Jewelry; App. 23; Hong Kong. Peanuts, Chinese type; (a)(2)(H ) and (a) Jos and novelty (Chinese type) candles; (3); Taiwan. (2) ( i i ) , App. 22; France, India, Italy, (a ) (2) ( i); Hong Kong. Pearls; App. 23. Japan, Korea, Switzerland, United King­ dom. Joss paper; ( a ) ( 2 ) ( i ) , App. 26; Hong Kong, Peas, garden; (a) (2) (ii) ; Hong Kong. Taiwan. Silk scrolls (handicrafts); (a)(2 )(i); Tai­ Petit point; (a) (1). wan. Jujube (red dates), dried; (a) (2) (ii) ; Korea. •.Pewter novelties; (a) (2) (i); Hong Kong. Silk waste; (a ) (3), App. 21, App. 100; Japan Junks; (a) (3); Hong Kong. Pickled walnuts; (a) (2) (ii). Silver articles; ( a ) ( 2 ) ( i ) ; Hong Kong, Tai­ Jute handicrafts; (a) (2) (i) ; Taiwan. Pictures, cork, iron; (a ) (2) (i) ; Hong Kong. Kid fur skins; (a) (2) (ii) ; United Kingdom. wan. Pigeons; (a) (4) ; Hong Kong, Japan, Taiwan. Skins, deer and goat; (a) (3). Kolinsky fur skins; (a) (2) (ii). Plums; (a) (2) (ii). Skins, fur; (a ) (2) ( i i ) . Kudzu, roots; (a) (2) (ii) ; Hong Kong. Plum Uquor; (a) (2) (ii); Taiwan. Sodium antimonate; (a) (3), App. 20. Kumquats; (a) (2) (ii) ; Japan, Taiwan. Plum sauce; (a) (2) (ii); Hong Kong. Sophora Japonica; (a) (2) (ii). Lace; (a ) (1). Po Chai pills; (a)(2)(H ); Taiwan. Soya bean sauce; (a) (2) (ii) ¡«Singapore. Lace and lace articles; (a ) (3 ), App. 18, App, Po Chun Balm; (a)(2) (U); Hong Kong. 206. Soy bean meal, oil, paste, sauce; (a ) (2) (ii). Pongee (tussah) silk; (a)(2)(H ), App. 21. Soybean sauce; (a) (2) ( i i ) ; Hong Kong. Lacquerware; (a) (2) (i); Hong Kong. Porcelain (see ceramics); (a)(3); Hong Lamps, table; (a) (2) (i); Hong Kong. Kong. Soybean paste, curd, sauce; (a )(2 )(H ); Taiwan. Lanterns; (a) (2) (i) ; Hong Kong, Taiwan. Post Exchange; App. 210. Spode chinaware; (a) (3 ), App. 200. Lemons; (a)(2)(ii); Hong Kong, Vietnam Postage stamps; (a )(2 )(i), App. 11. Stamps; (a) (2) ( i ) , App. 11. red and yellow; „ Hong Kong dried or pre­ Poultry; (a) (4). Star aniseed; (a) (2) ( i i ) . served; Viet-Nam. Preserved eggs; (a )(2 ) (H) (see duck eggs). Stoles, fur; (a ) (2) ( i i ) , App. 13. Lemon sauce; (a ) (2) (ii) ; Hong Kong. Processing; (a) (1 ), App. 29. Lindu hats; (a) (2) (ii), App. 204. Prunes, preserved; (a ) (2) (ii) ; Taiwan. Stones, semiprecious and manufactures; (a) (3), App. 23, App. 24; Hong Kong. Linen manufactures; (a)(3), App. 18, App. Publications; (a )(2 )(i), App. 108, App. 109. Straw braids; (a) (2) (ii), App. 3; Korea. 207; Hong Kong. Punk, firecracker; ( a )(2 )(H ); Hong Kong. Lintaohats; (a) (2) (ii), App. 204. Quail, frozen; (a) (2) (ii) ; Japan. Straw manufactures; (a)(3), App. 25, App 105; Hong Kong. Linters, cotton; (a ) (3), App. 10. Quicksilver (see M ercury). Litchis (see Lychees). Rabbit hair, angora; (a)(3 ), App. 209. Straw hats, unfinished; (a) (2) (ii). Straw packing; (a) (2) (ii), App. 205. Live fish (deleted; Note p. (I ) ). Radio cabinets, hardwood; (a) (3), App. 203. Lotus root; (a)(2 )(ii); Hong Kong, Japan, Sugar, slab, white rock; (a )(2 )(H ); Hong Radishes, dried or otherwise prepared; Kong. Taiwan. (a)(2)(H ); Taiwan, Hong Kong. Lotus seeds; (a) (2) ( i i ) , App. 101; Hong Kong. Raffia hats; (a ) (2) (ii), App. 204. Switches, hair (see hair, hu m an). Lungagan; (a) (2) (ii) ; Taiwan. Ramie; (a)(3). Tablecloths, linen; (a) (3), App. 207. Lychee wine; (a) (2) (ii) ; Taiwan. Ramie handicrafts; (a) (2) (i); Taiwan. Tannic acid; (a)(2)(H ); United Kingdom, Lychees; (a )(2 )(H ), App. 101; Hong Kong, Rattan webbing; (a)(3), App. 5. Belgium. Taiwan. Rattan handicrafts, App. 21; Taiwan. Tapestries (see also needlework tapestries); Macorra hats; (a) (2) (ii), App. 204. Rayon/cotton articles; App. 9. (a )(3 ). S 3 Magazines; (a)(2 )(i), App. 109. Rayon/cotton articles; App. 9. Tapioca; (a) (3). Manganese tungstate; (a)(8 ), App. 20. Red bean flour; (a)(2)(H ); Japan. Tapioca flour; ( a ) (3). Manila hemp hats; (a) (2) (ii). Red dates (see Ju ju b e). Taro; (a) (2) (jti); Hong Kong. Marine products, edible; (a) (4); Hong Kong. Reimports; App. 107. Tea, Chinese type; (a) (2) (U ); Hong Kong. Matting and floor coverings; ( a ) (2 ) (i i ): Reindeer hair; (a)(3 ), App. 208. Tea chest paper; (a ) (2) ( i ) , App. 26. Taiwan. Research, imports for; App. 111. Tea pads; (a) (2) (U ), App. 25, App. 205. Medicines, prepared, Chinese type; (a ) (2) Rhubarb, root, Chinese types; ( a )(2 )(H ); Tetron/cotton articles; App. 9. Netherlands, Korea, Tndi^, Textile novelties; (a ) (3 ); Hong Kong. Meissenware (chinaware); (a)(3 ), App. 200. Rice; App. 1. Theatrical costumes; (a) (2) (i); Hong Kong. Melon seed, salted; ( a ) (2 ) (i i ); Taiwan. Rice powder, stickes; (a ) (2) (ii) ; Hong Kong. Thick soy; (a)(2)(H ); App. 201. Menthol; (a) (2) (ii) ; Australia, Prance, Rickshaws; (a) (3); Hong Kong. Through bill of lading; App. 104; Germany, Japan, Korea, Spain, Taiwan. Rubies; App. 23. Tiger Balm; (a) (2) (ii); Hong Kong. Mercury; (a ) (3 ). Rugs, Chinese type; (a) (2) (il). Tin; (a )(3). Metals and ores; (a ) (3 ), App. 20. Rugs; (a)(3), App. 105. Tinware novelties; (a ) (3 ); Hong Kong. Metal handicrafts; (a)(2 )(i); Taiwan. Rugs, cotton rag, woolen (knotted, hooked, Toquilla hats; (a)(2)(H ), App. 204; Hong Mollusks, dried; (a) (2) (ii) ; Hong Kong. and braided); (a) (3); Hong Kong. Kong. Molybdenum; (a)(3 ), App. 20. Rutin; (a)(2)(H ). Towels, towelling, linen; (a)(3), App. 207. Mongolian dog hair; (a) (3), App. 208. Sampans; (a) (3) ; Hong Kong. Muga silk; (a )(2 )(H ), App. 21. Tresses, hair (see hair, hu m an). Sandalwood manufactures; (a) (2) (i); Hong Tung oil; (a )(2 )(H ), App. 101. Mullet, canned; (a)(2)(H ); Hong Kong. Kong. Mung beans; (a)(2)(H ), App. 101. Tungsten oxide; (a). (3 ), App. 20; Hong Kong. Sapphires; App. 23. Tungstic acid; (a) (3), App. 20. Mushrooms; (a)(2 )(H ); Hong Kong, Japan, Saris, sari cloth; (a )(3 ). Korea, Taiwan. Turnips, preserved; (a) (2) ( i i ) ; Hong Kong. Scallions, pickled; (a) (2) (ii); Japan. Tussah silk; (a) (2) (ii), App. 21, App. 22. Musical instruments; (a) (2) (i) ; Hong Kong, Scarves, fur; (a) (2) (11), App. 13. Taiwan. Umbrellas; (a) (3), App. 9. Scallops; (a) (2) (ii), App. 202. Vegetables, fresh; (a)(2)(H ), AppriOl. Musk; (a)(2)(H ), App. 19; India. Scrolls, paper, silk; ( a ) ( 2 ) ( i ) , App. 212; Vinegar; (a) (2) (ii); Hong Kong. Mustaches (see hair, human). Taiwan, Wallpaper; (a) (2) (i); Taiwan. Mustard, preserved; ( a )(2 )(H ); Hong Kong. Seagrass, manufactures; (a )(3 ). Wallpaper and textile fabrics hand painted; Nanshan (tussah) silk; (a)(2)(H ), App. 22. Seagrass articles, mats, squares; (a )(2 )(H ), (a) (2) (i); Hong Kong, Taiwan. Needlepoint; (a) ( i ) . (a) (3); Hong Kong, Taiwan. Walnuts; (a) (2) (ii), App. 101; Japan, Korea. Needlework tapefetries; (a)(8 ); Hong Kong. Seagrass mats, squares; (a)(2)(H ); Viet- Wampei; (a) (2) (ii); Hong Kong. Nephrite (Jade) articles; (a) (2) (ii) ; Taiwan. Nam. Noritake chinaware; (a)(3 ), App. 200. Wastepaper baskets, folding, silk, rayon; Seagrass handicrafts; (a) (2) (i) ; Taiwan. (a) (2)(i); Hong Kong.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8. 1967 RULES AND REGULATIONS 3829

This document has been accepted pursuant Water chestnuts, water chestnut powder; drawn or otherwise dealt with. This no­ to § 500.808(c) (2) of the Foreign Assets Con­ (a) (2) (ii); Hong Kong, Taiwan. tation should be so placed and so writ­ trol Regulations. Appropriate certificates of Wearing apparel; (a)(3 ), App. 18, App. 206. ten that there will exist no possibility of origin No_____ from (country). Weasel fur skins; (a ) (2) ( i i ) . confusing it with anything placed on the Wefts, wefted wiglets (see hair, hu m an). license at the time of its issuance. If the When the final transaction has been ef­ Wheat starch; (a ) (2) ( i i ) ; Hong Kong. fected under the certificate of origin, the White flower oil (Pak Feh Y eo w ); (a ) (2) license in fact authorizes the entry, with­ drawal or other transaction with regard original shall be taken up and attached (ii); Hong Kong. to the entry and forwarded as in this Wigs, wiglets (see hair, hum an). to the merchandise the director, or other Wine; (a ) (2 )(ii ); Hong Kong, Taiwan. authorized customs employee, shall ver­ paragraph (c). Wong Lo Kat herb ingredients, mixtures; ify the notation by signing or initialing it (d) Whenever a person shall present (a)(2)(ii); Taiwan. after first assuring himself that it ac­ an entry, withdrawal or other appropri­ Wood furniture, handicrafts; (a) (2) (i); curately describes the merchandise it ate document affected by this section and Taiwan. purports to present. The license shall shall assert that no specific Foreign As­ Wooden articles; (a) (3 ), App. 105. sets Control license or appropriate cer­ Wooden novelties; (a) (2) ( i i ) ; Hong Kong. thereafter be returned to the person pre­ senting it and the additional copy of the tificate of origin as defined in § 500.536 Wool, carpet (carpet wool); ( a ) (2 )(i i ), (d) is required in connection therewith, (a) (3). entry, withdrawal or other appropriate Yak hair; (a) (2) (ii), App. 100. document shall be forwarded by the di­ the director of customs shall withhold Yams; (a) (2) ( i i ) ; Hong Kong. rector to the Office of Foreign Assets action thereon and shall advise such per­ Yeddo hats; (a) (2) ( i i ) , App. 204. Control, Treasury Department, Wash­ son to communicate directly with the Yolks (egg) dried; (a ) (2) (ii) (see eggs, ington, D.C.20220. Federal Reserve Bank of New York to dried). (c) (1) Whenever the original of an request that instructions be issued to the Section 500.808 is amended by sub­ appropriate certificate of origin as de­ director to authorize him to take action stituting throughout, wherever they ap­ fined in § 500.536(d) is presented to a with regard thereto. pear, the words “ directors of customs” in director of customs in accordance with [ s e a l ] M argaret W. S c h w a r t z , place of “ collectors of customs.” this section, an additional legible copy of Director, As so amended, § 500.808 reads as fol­ the entry, withdrawal or other appropri­ Office of Foreign Assets Control. lows: ate document with respect to the mer­ [F.R. Doc. 67-2584; Filed, Mar. 7, 1967; chandise involved shall be filed with the 8:49 a.m.] §500.808 Customs procedures; mer­ director of customs at the port where chandise specified in § 500.204. the transaction is to take place. Each (а) With respect to merchandise spec­ copy of the entry, withdrawal or other ified in § 500.204, whether or not such appropriate document, including the ad­ Title 32— NATIONAL DEFENSE merchandise has been imported into the ditional copy, shall bear plainly on its United States, directors of customs shall face the following statement: “ This doc­ Chapter I— Office of the Secretary of not accept or allow any: ument is presented under the pro­ Defense (1) Entry for consumption (including visions of § 500.536(c) of the Foreign As­ any appraisement entry, any entry of sets Control Regulations.” The original SUBCHAPTER B— PERSONNEL; MILITARY AND goods imported in the mails, regardless of the certificate of origin shall not be CIVILIAN of value, and any other informal returned to the person presenting it. It PART TOO— INVOLUNTARY ORDER TO entries) * shall be securely attached to the addi­ (2) Entry for immediate exportation; tional copy required by this subparagraph ACTIVE DUTY OF READY RESERV­ (3) Entry for transportation and ex­ and shall be forwarded by the director ISTS FOR UNSATISFACTORY PER­ portation ; to the Office of Foreign Assets Control, FORMANCE OF OBLIGATION (4) Withdrawal from warehouse; Treasury Department, Washington, D.C. 20220. Directors may forward such doc­ The Deputy Secretary of Defense has (5) Transfer or withdrawal from a approved the following on February 23, foreign-trade zone; or uments weekly or more often if the vol­ (б) Manipulation or manufacture in a ume warrants. 1967: warehouse or in a foreign-trade zone, (2) I f the original of an appropriateSec. until either: / certificate of origin is properly presented 100.1 Purpose. (i) A specific license pursuant to this to a director of customs with respect to a 100.2 Applicability. 100.3 Policy. chapter is presented, transaction which is the first of a series (ii) Instructions from the Foreign of transaction which may be allowed in A u t h o r it y : The provisions of this Part Assets Control, either directly or through connection therewith under subdivision 100 issued under Title I, 80 Stat. 981. E.O. the Federal Reserve Bank of New York, (iii) of paragraph (a) (6) of this section 11327, Feb. 15, 1967, 32 F.R. 2995. authorizing the transaction are received, (as, for example, where merchandise § 100.1 Purpose. or has been entered in a bonded warehouse and an appropriate certificate of origin is This part prescribes uniform policy for (iii) The original of an appropriate compliance measures invoked under certificate of origin as defined in § 500.- presented which relates to all of the mer­ chandise entered therein but the im­ Title I, Public Law 89-687 dated October 536(d) is presented. 15, 1966, and Executive Order 11327, (b) Whenever a specific license is pre­ porter desires to withdraw only part of the merchandise in the first transaction), dated February 15, 1967 (32 FJt. 2995), sented to a director of customs in ac­ against those members of the reserve cordance with this section, one addi­ the director shall so note on the original of the appropriate certificate of origin components without prior military serv­ tional legible copy of the entry, with­ ice who enlist or have enlisted directly drawal or other appropriate document and return it to the importer. In addi­ tion, the director shall endorse his per­ into units of the Ready Reserve but who with respect to the merchandise involved do not participate satisfactorily in such shall be filed with the director of customs tinent records so as to record what mer­ chandise is covered by the appropriate Reserve units after enlistment. It sup­ at the port where the transaction is to plements current policy guidance per­ take place. Each copy of any such entry, certificate of origin presented. The di­ rector may therefore allow subsequent taining to participation in Reserve train­ withdrawal or other appropriate docu­ ing programs included in DoD Directive ment, including the additional copy, authorized transactions on presentation of the certificate of origin. The director 1215.5, January 16, 1956 (32 CFR Part shall bear plainly on its face the number 101 of this chapter). of the license pursuant to which it is filed. shall, with respect to each such trans­ The original copy of the specific license action, demand an additional copy of § 100.2 Applicability. each withdrawal or other appropriate shall be presented to the director in re­ The provisions of this part apply to the spect of each such transaction and shall document, which copy shall be promptly forwarded by the director to the Office Military Departments conducting reserve bear a notation in ink by the licensee or enlistment programs under the provi­ person presenting the license showing of Foreign Assets Control, Treasury De­ partment, Washington, D.C. 20220, with sions of section 511 (a) and (d ), Title 10, the description, quantity, and value of U.S.C.; section 302, Title 32, U.S.C.; and the merchandise to be entered, with- an endorsement thereon reading:

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45- 4 3830 RULES AND REGULATIONS

section 262, Reserve Forces Act of 1955 employed in an active duty status. In (69 Stat. 598, 600) as modified by Act o f this instance, individuals will be dis­ Title 35— PANAMA CANAL September 3,1963, Public Law 88-110 (77 charged under the provisions of appro­ Stat. 134, 136) for personnel without priate regulations and reported to the Chapter I— Canal Zone Regulations prior military service. Selective Service System. SUBCHAPTER C— SHIPPING AND NAVIGATION § 100.3 Policy. (b) Change of residence. ( 1 ) Individ­ uals who lose their unit positions because PART 117— MARINE ACCIDENTS: IN­ (a) Unsatisfactory participation com­ of a voluntary change of residence will VESTIGATIONS; CONTROL; RE­ pliance measures. ( 1 ) Personnel with­ be given a period of sixty (60) days after SPONSIBILITY out prior military service who enlist or separation from their original unit to have enlisted in the reserve components locate and join another reserve com­ Miscellaneous Amendments under the provisions of section 511 (a) ponent unit where they will fill an exist­ and (d ), Title 10, U.S.C.; section 302, Effective upon publication in the F ed­ ing vacancy or a vacancy which is pro­ eral R e g ister , Part 117 of Title 35, Code Title 32, U.S.C.; or section 262, Reserve jected to occur within one hundred eighty Forces Act of 1955 (69 Stat. 598, 600) as of Federal Regulations, is amended by (180) days. adding new §§ 117.1a and 117.1b and by modified by Act of September 3, 1963, (2) If individuals locate position va­ Public Law 88-110 (77 Stat. 134,136) are revising § 117.3, to read as set forth cancies which require different specialties below: expected to participate satisfactorily in than the ones they now possess, the units of the reserve components for the Secretary of the Military Department § I17.1a Scheduling o f investigations. full period of their Ready Reserye obliga­ concerned may provide for the retraining (a) Marine-accident investigations tion unless excepted in accordance with of these individuals (with their consent) shall be scheduled so as to afford pilots subparagraph (2 ) of this paragraph. by ordering them to active duty for train­ and other parties in interest a period of (1) Those individuals who (a) fail, or ing in a new specialty. time not less than that provided below are unable, to participate satisfactorily (3) If these individuals fail to locate for rest and consultation prior to the in units of the Ready Reserve, (b) have another position vacancy, they will be commencement of an investigation: not fulfilled their statutory reserye obli­ ordered to active duty or discharged as Relief time Time of investigation gation, and (c) have not served on active provided in this part. 0000-0400— 1400-1800 (12 hours minimum). duty for training for a total of twenty- (c) 45-day active duty tours. The 0400-0800— 1600-2000 (12 hours minimum). four (24) months will be ordered to ac­ policy of either ordering individuals to 0800-1200— 1800-2200 (10-horns minimum). tive duty under the provisions of Title I, active duty or discharging them will be 1200—1600 0800 Next Day. Public Law 89-687 dated October 15,1966, followed, in lieu of the 45-day tour of 1600-2000— 1000 Next Day. and Executive Order No. 11327 dated active duty, for personnel without prior 2000—2400__ 1000 Next Day. February 15,1967. military service. However, the 45-day (b) The column “Relief Time” , set out (ii) A member ordered to active duty tour may continue to be used for prior in paragraph (a) of this section, indi­ under these provisions may be required service obligors where desired. cates the period during which the pilot to serve on active duty until his total (d) Delay from involuntary order to or other party in interest completed the service on active duty or active duty for active duty. Individuals who become transit during which an accident oc­ training equals twenty-four (24) months. subject to being ordered to active duty curred or the time at which he was re­ (iii) I f the enlistment or period of under this policy may be delayed, as pre­ lieved of duty following the occurrence military service of a member of the Ready scribed by the Millitary Secretary con­ of an accident. The column “ Time of Reserve ordered to active duty under cerned, from active duty for the purposes Investigation” , set out in paragraph (a) the provisions of Title I, Public Law 89- of taking State or Federal examinations, of this section, indicates the earliest time 687 dated October 15,1966, and Executive seasonal employment, and for similar at which the investigation may be sched­ Order No. 11327 dated February 15,1967, cogent reasons. Upon termination of uled. In exceptional cases a departure would expire before the required period such delays, reservists will be ordered to from this schedule may be made, as for of active duty prescribed has been served, active duty. However, those members example in the case of warships or other the enlistment or period of military serv­ ordered to active duty for reasons other vessels that have an imperative need to ice may be extended until that service on than willful unsatisfactory participation resume the voyage as soon as possible. active duty has been completed in ac­ who join a unit during the period of delay Unless a pilot or other party in interest cordance with the provisions of Title I, will- not be ordered to active duty. requests the time provided in this sched­ Public Law 89-687 dated October 15,1966 (e) Grade period. Individuals in the ule, the hearing may be set for an earlier and Executive Order No. 11327 dated Ready Reserve Pool who are subject to hour. February 15,1967. this policy (paragraph (a) ( 1 ) and (2) of (2) As exceptions to this policy, indi­ this section) will be given sixty (60) days § 117.1b Rights o f party in interest. viduals who are unable to participate after the effective date of the imple­ Any Panama Canal pilot or other indi­ in reserve component units may be con­ menting regulations of the Military De­ vidual who is a party in interest at a sidered for discharge or assignment to partment concerned to rejoin a reserve marine-accident investigation may ob­ the Ready Reserve Pool as follows: component unit or submit a request for tain counsel of his own choosing, testify­ (i) Individuals eligible for discharge discharge. However, those individuals ing in his own behalf, cross-examine wit­ from the reserve components for depend­ in the Ready Reserve Pool who come un­ nesses, call witnesses, and introduce any ency, hardship, or other reasons author­ der the provisions of paragraph (a) (2) relevant evidence.' The Board of Local ized by regulations, will, upon applica­ (ii) of this section, will be retained in the Inspectors shall advise all parties in tion, be discharged. Pool until such time as they can be as­ interest of such rights. (ii) Individuals unable to participate signed to a unit by the Military Depart­ in a unit by reason of action taken by the ment concerned. § 117.3 Reports by Board to Governor. Military Service (e.g., unit inactivation) rather than because of their own actions, Effective date and implementation. The Board shall make reports forth­ will be retained in the Ready Reserve This part is effective immediately and with in detail to the Governor of all Pool. will remain in effect through June 30, marine-accident investigations con­ ducted by it, setting forth the facts and (iii) Individuals who provide sub­ 1968. Two (2) copies of the implement­ stantial evidence that their employment ing documents will be forwarded to the circumstances surrounding tjie accident is necessary to maintain the national Assistant Secretary of Defense (Man­ and bearing upon its proximate causa­ health, safety or interest, will, upon ap­ power) within sixty (60) days. tion, the nature and extent of the injury plication, be discharged. and the amount of damages, if any, oc­ M a u r ic e W . R o c h e , casioned by such injury. The reports (iv) The Secretary of the Military De­ Director, Correspondence and shall include a transcript of the record partment concerned may determine the Directives Division, OASD of the Board’s investigation, together minimum period of active duty, e.g., 12 CAdministration). with its findings and opinions respecting months, 9 months, etc., below which [F.R. Doc. 67-2536; Filed, M ar. 7, 1967; the accident. All findings and opinions these individuals cannot be effectively 8:45 a.m.] of the Board shall be rendered by a full

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3831 4. However, the staff is rarely aware Board after a review of the entire tran­ (c) The Chief, CATV Task Force, is delegated authority to act upon the fol­ of a basis for waiving the repetitious ap­ script, even though the hearing may have plications provision of § 1.916 at the time been conducted by a single member of lowing matters: (1) Requests for extensions of time in when an order of revocation is issued. the Board or by a two-man Board. Re­ Circumstances which would support a ports to the Governor shall be forwarded which to comply with Commission orders directing carriage and/or program exclu­ waiver are occasionally brought to staff in duplicate through the Supervising In ­ attention subsequent to issuance of an spector, who may place thereon such sivity by a CATV system for a reasonable period of time upon a showing of good order of revocation. This is especially endorsement as he may see fit. true in cases where the order of revoca­ cause. (2 C.Z.C. § 1331, 76A Stat. 46; 35 CFR 3.1 (2) For withdrawal of papers in ac­ tion is based on a licensee’s failure to re­ (a )(1 ),3 1 F.R. 12203) cordance with § 1.8 of this chapter. ply to official communications. The result Dated; February 27,1967. (3) To dismiss or return applications is that Commission en banc considera­ or petitions which are not acceptable tion is required with respect to such ap­ S t a n l e y R . R esor, plications for waiver of § 1.916 filed after Secretary of the Army. under Commission rules. (4) For extension of time within revocation of a radio station license. [F.R. Doc. 67-2542; Filed, Mar. 7, 1967; which to file briefs and comments with 5. It is felt that greater efficiency in 8:45 a.m.J respect to rule making. the Commission’s operations would be (5) To extend the time to file plead­ promoted, and the public interest would ings related to waiver requests or appli­ be served, by delegating to the Chief, cations not designated for hearing. Safety and Special Radio Services Bu­ Title 47— TELECOMMUNICATION (6) To dismiss petitions and other reau, authority to issue cease and desist Chapter I— Federal Communications pleadings which have clearly been ren­ orders and orders that a cease and desist dered moot. order shall not issue, following waiver of Commission (7) To initiate official correspondence a hearing in cease and desist proceedings, [FCC 67-243] where appropriate, and to extend the and to waive § 1.916 of the rules sub­ time to file responses to official corre­ sequent to issuance of an order of PART 0— COMMISSION spondence. revocation. ORGANIZATION (8) To dismiss, as repetitious, any pe­ 6. The amendments adopted herein tition for reconsideration of a Commis­ pertain to internal Commission organi­ Delegation of Authority; Chief, CATV sion order which disposed of a petition zation and procedure. The prior notice Task Force for reconsideration and which did not and effective date provisions of section reverse, change, or modify the original 4 of the APA are therefore inapplicable. This action is taken at a session of the Federal Communications Commission order. 7. In view of the foregoing: It is or­ (9) To dismiss or deny petitions for dered, Pursuant to sections 4( i ) , 5(d), held at its offices in Washington, D.C., on rule making which are repetitive or moot the 1st day of March 1967. and 303 (r) of the Communications Act or which, for other reasons, plainly do of 1934, as amended, and | 0.201(d) of The Commission believes that the or­ not warrant consideration by the Com­ derly disposition of its business will be the Commission’s rules, that, effective advanced by delegating additional au­ mission. March 10, 1967, Part 0 of the Commis­ thority to the Chief of the CATV Task "'"[F.R. Doc. 67-2571; Filed, Mar. 7, 1967; sion’s rules is amended as set forth Force to act on a number of housekeep­ 8:48 a.m.] below. ing matters which arise in connection (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. with the operation of the CATV Task [FCC 67-238] 154. Interpret or apply sec. 303, 48 Stat. Force. Accordingly, we are amending 1082, as amended; sec 5, 66 Stat. 713; 47 § 0.289 of the rules in order to provide PART 0— COMMISSION U.S.C. 303, 155) ORGANIZATION for these delegations. Released: March 3, 1967. These amendments relate to internal Delegation of Authority; Chief, Safety Commission organization and practice F ederal C ommunications so that the prior notice provisions of sec­ and Special Radio Services Bureau C o m m is s io n ,1 tion 4 of the Administrative Procedure 1. At a session of the Federal Commu­ [ s e a l] B e n F. W a p l e , Act, 5 U.S.C. 1003, do not apply, and the nications Commission, held at its offices Secretary. amendments can be made effective im­ in Washington, D.C., on the 1st day of mediately. Authority for the promulga­ In Part 0 of Chapter I of Title 47 of March 1967, the Commission considered t h e Code of Federal Regulations, tion of these amendments is contained in the above-captioned matter. § 0.331(b) (8) is amended and (b) (19) sections 4 (i), 5 (b) and (d), and 303(r) 2. Section 0.331(b) (8) of the Commis­ of the Communications Act of 1934, as sion’s rules delegates authority to the is added, to read as follows: amended. Chief, Safety and Special Radio § 0.331 Authority delegated. Accordingly, it is ordered, Effective Services Bureau, to issue in revo­ ***** March 10, 1967, that Part 0 of the rules cation cases, orders of revocation and and regulations is amended as set forth also orders that revocation shall not (b) * * * below. issue, following waiver of a hearing. No ( 8) To issue, in accordance with sec­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. delegation exists for the issuance of sim­ tion 312(c) of the Communications Act 154. Interpret or apply sec. 303, 48 Stat. 1082, ilar orders in cease and desist proceed­ of 1934, as amended, (i) orders to show as amended; sec. 5, 66 Stat. 713; 47 U.S.C. 303, ings. cause why an order of revocation pur­ 155) 3. Section 0.331(b) (8) of the Commis­ suant to section 312(a) of the Act, or a sion’s rules delegates authority to the Released: March 3,1967. cease and desist order pursuant to sec­ Chief, Safety and Special Radio Services tion 312(b) of the Act, should not be F ederal C ommunications Bureau, to waive in advance, as part of issued; and (ii) after waiver of hearing C o m m is s io n ,1 an order of revocation, the provisions of and termination of the hearing proceed­ [ se al] B e n F . W a p l e , § 1.916 of the rules. The latter section ing in revocation cases and cease and Secretary. provides that, where a license for a radio desist cases as prescribed by §1.92 of this In Part 0 of Chapter I of Title 47 of station in the Safety and Special Radio chapter, to issue orders of revocation and the Code of Federal Regulations, § 0.289 Services has been revoked, the Commis­ orders to cease and desist, and also or­ (c) is added, to read as follows; sion will not consider a subsequent ap­ ders that a revocation or cease and plication involving service of the same desist order shall not issue. § 0.289 Authority delegated. kind to substantially the same area by ***** ***** substantially the same applicant until after the lapse of 12 months from the ef­ (19) To act on requests for waiver of the restrictions of §1.916 of this chapter 1 Commissioner Wadsworth absent. fective date of the Commission’s order.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3832 RULES AND REGULATIONS

subsequent to revocation of a radio sta­ [Docket No. 16988, RM-976; FCC 67-272] tion license. WENY, Inc., licensee of W ENY(AM ) and W ENY-FM at Elmira, tendered an ***** PART 73— RADIO BROADCAST SERVICES application for a regular station (not a [F.R. Doc. 67-2572; Filed, Mar. 7, 1967; satellite) on Channel 36 at Elmira. 8:48 a.m.] TV Broadcast Stations; Table of As­ Both Susquehanna and WBJA-TV filed signments, Oneonta and Elmira, subsequent pleadings, but since the deci­ N.Y. sion adopted herein— assigning Channel pa rt 2— f r e q u e n c y allocations 15 to Oneonta and retaining Channel 36 AND RADIO TREATY MATTERS; 1. On November 18, 1966, the Com­ at Elmira— essentially grants the relief mission issued a notice of proposed rule sought by both parties, it is unnecessary GENERAL RULES AND REGULA­ making (FCC 66-1030) in the above- to discuss their contentions in detail. TIONS entitled matter. Interested parties were The following observations set forth Table of Frequency Allocations invited to submit comments on or before briefly the reasons for our decision. December 27, 1966, and replies thereto 4. W BJA-TV asserts that Oneonta, 1. The Commission has taken under on or before January 6, 1967. The pro­ with its relatively small population, is consideration the desirability of amend­ ceeding was initiated pursuant to a pe­ exactly the type of community suitable ing Part 2 of its rules to effect certain tition (RM-976) filed June 6, 1966, by for a low power “ community” type of editorial corrections in the Table of Fre­ Susquehanna Broadcasting, Inc. (Sus­ station, which in Docket 14229 we pro­ quency Allocations, § 2.106. quehanna) , and proposed to move pose to assign on Channels 70 and above. 2. By its report and order, released Channel 36 from Elmira, N.Y., to One­ Therefore, it is urged, Channel 36 should onta, N.Y., and to replace Channel 36 in not be removed from Elmira at least Oqtober 14, 1963, and published in the Elmira with Channel 65. F ederal R e g ister (28 F.R. 11213) on Oc­ until Docket 14229 is resolved. The pro­ tober 19,1963, the Commission, in Docket 2. The petitioner filed comments sup­ posal to establish a new class of low porting the proposal, repeating the facts 14503, amended its rules to allocate a powered community TV stations is not about Oneonta’s size, importance, and intended to suggest a policy which would portion of the spectrum between 25 and lack of local or nearby service, which 42 Mc/s to the Land Mobile Radio Serv­ limit small communities to such stations. were set forth in the petition.1 It re­ The Commission has and will continue to ices. Inadvertently, several of the band iterates its intention promptly to apply edges were incorrectly listed in the Table make regular TV channel assignments in for a station if Channel 36 or another small markets if there is a demand there­ of Frequency Allocations. Corrections suitable channel is assigned. to the Table are shown below: for, if channels are available, and if the 3. Opposition to the proposal came public interest would be best served 3. Inasmuch as the amendments from WBJA-TV, licensee of WEJA-TV, thereby. Furthermore, the further no­ adopted herein are purely editorial in Channel 34, Binghamton, N.Y. On De­ tice of proposed rule making and the nature, the prior public notice and effec­ cember 7, 1966, WBJA-TV, Inc., submit­ supplement thereto issued in Docket tive date provisions of section 4 of the ted an application for authority to 14229 during 1966, propose other uses Administrative Procedures Act are not construct a new TV broadcast station applicable. of Channels 70 and above, in addition to on Channel 36 in Elmira. The applica­ or instead of low-power “ community” 4. Authority for this action is con­ tion was accepted December 12, 1966, type stations. Still other uses have bpen tained in sections 4 (i), 5(d) (1), and 303 and assigned the file number BPCT- proposed in comments. This matter is (r) of the Communications Act of 1934, 3897. The applicant proposes a facility as yet unresolved and decision may not as amended, and in § 0.261(a) of the employing 108.6 kilowatts from an an­ be in the immediate future. While Commission’s rules. tenna 633 feet above average terrain, to Oneonta is not a large city, it is of sub­ 5. In view of the foregoing: I t is or­ operate as a “satellite” of WBJA-TV, stantial size and appears to be the dered, That effective March 10, 1967, Binghamton. The distance between population and economic center of a Part 2 of the Commission’s rules is Binghamton and Elmira is approxi­ sizable area in which there are no large amended as set forth below. mately 45 miles. W BJA-TV argues that cities. Existing television stations are it has no objection to the assignment (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. located at a substantial distance and lo­ 154. Interpret or apply sec. 303, 48 Stat. of a commercial TV channel to Oneonta cal TV service in the area appears to be 1082, as amended; sec. 5, 66 Stat. 713; 47 but that some channel other than Chan­ needed. Petitioner asserts that it will U.S.C. 303,155) nel 36 should be assigned. It suggests promptly take steps to bring such service. two alternatives: one would assign Therefore, the making of a regular as­ Adopted:, March 2,1967. Channel 64 to Oneonta by deleting it, signment to Oneonta at this time is ap­ Released: March3,1967. from Scranton, Pa., and replacing it propriate. It is emphasized that this ac­ with Channel 50 in Scranton; the other tion is taken on the basis of petitioner’s F ederal C ommunications would assign Channel 15 to Oneonta by assertions that it will apply and (if C o m m is s io n , deleting it from Utica, N.Y., and replac­ granted) construct promptly. I f the [ s e a l ] B e n F . W a p l e , ing it with Channel 20. Neither pro­ channel is not promptly applied for it Secretary, posed assignment is in use or applied may be withdrawn. for. Engineering data showing that the 5. One of W BJA-TV’s arguments In Part 2 of Chapter I of Title 47 of the proposed assignments meet the separa­ Code of Federal Regulations, the 7th against the original proposal is that use tion requirements of Commission rules, of Channel 36 at Oneonta would limit column, Band (Mc/s), in § 2.106, Table is included. On February 7, 1967, of Frequency. Allocations, is amended as the transmitter location of a station op­ follows: erating on Channel 29, assigned to Al- 1. The present entry, 33.11-33.4, is re­ 1As mentioned in the notice, Oneonta is bany-Schenectady and reserved for edu­ vised to read as follows: 33.11-33.41. the county seat of Otsego County, with 1960 cational use. It is pointed out that al­ census populations of 13,412 and 51,942 per­ though it is some 68 miles between the 2. The present entry, 33.4-34, is re­ sons respectively. It is about 60 miles from Oneonta and Albany reference points, vised to read as follows: 33.41-34. Albany, 50 miles from Binghamton, 70 miles it is only about 62 miles from Oneonta to 3. The present entry, 37.01-37.42, is re­ from Syracuse and 45 miles from Utica (all Schenectady and only about 56 miles vised to read as follows: 37.01- 37.43. New Y o rk ). With respect to television serv­ from Oneonta to a site used by three 4. The present entry, 37.42-37.88, is re­ ice, it lies well within the Grade B contours of the Binghamton Channel 12 and Utica Albany and Schenectady stations, com­ vised to read as follows: 37.43-37.89. Channel 2 stations, and just inside the pared to the 60 mile separation required 5. The present entry, 37.88-38, is re­ Grade B contour of W SYR-TV, Syracuse between stations operating seven chan­ vised to read as follows: 37.89-38. Channel 3. These are the only stations pro­ nels apart. Channel 15 assigned to viding a predicted Grade B or better signal Oneonta presents the same limitation, [F.R. Doc. 67-2573; Filed, Mar. 7, 1967; to the community. A CATV there has some 8:48 a.m.] since stations 14 channels apart must 4,000 subscribers. also be 60 miles from each other. Use

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 RULES AND REGULATIONS 3833

effective April 10, 1967, the Table of As­ of Channel 64 at Oneonta would not in­ plated assignments on other available but volve any close separations. However, unassigned channels. The WBJA-TV signments in § 73.606(b) of the Commis­ the other existing Albany station, and engineering showing did not report on sion rules is amended insofar as the two pending Albany applications, have that aspect of their proposal. In shift­ cities listed below are concerned, to read sites in that area well over the required ing assignments in an area where there are no other remaining available assign­ as follows: minimum separation to Oneonta. City Channels Therefore, this is not a substantial ob­ ments, no difference in efficiency would stacle to use of Channel 15 at Oneonta. be expected between the three alterna­ Oneonta, N.Y----- À------15, *42 6. W BJA-TV urges that the substitu­tives proposed in this proceeding. Utica, N.Y______2 —,20,33, *59 tion of Channel 50 for Channel 64 at 7. The shift of channels between Utica N ote: Appropriate offsets for UHF chan­ Scranton and the assignment of Channel and Oneonta as proposed by WBJA-TV nels will be supplied in a subsequent order. appears to have the most merit. This 64 to Oneonta is to be preferred over the 9. It is further ordered, That this pro­ Commission’s original proposal because it will leave the Elmira assignments un­ would place the Scranton-Wilkes-Barre disturbed, will provide Oneonta with a ceeding is terminated. assignments closer together on the TV suitable channel and will replace the Adopted: March 1,1967. receiver tuning dial and leave the El­ channel removed from Utica with one mira assignments in their present close that future prospective applicants would Released: March 3,1967. proximity on TV receiver tuning dials. consider “comparable.” The assign­ F ederal C ommunications WBJA-TV failed to comment on the dial ments comply in all respects with the C o m m is s io n ,1 separation between Channels 42 and 64 geographic separations required by Com­ [ s e a l ] B e n F. W a p l e , at Oneonta. It also claims its Channel mission rules and there is no sacrifice Secretary. 64 proposal is more “efficient.” As to of efficiency. 8. Accordingly, pursuant to the au­ [F.R. Doc. 67-2574; Filed, Mar. 7, 1967; the “ efficiency” argument, the criteria 8:48 a.m.] used in developing the overall UHF tele­ thority contained in sections 4 (i), 303 and 307(b) of the Communications Act vision assignment plan measured effici­ i Commissioner Wadsworth absent. ency in terms of the impact of contem- of 1934, as amended: It is ordered, That,

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3834

Proposed Rule Making

District No. 3 shall consist of Skagit Proposal No. 12. Amend the appropri­ DEPARTMENT OF AGRICULTURE and Island Counties; ate sections of the order to provide that Consumer and Marketing Service District No. 4—Whatcom County; Class n milk be priced at 25 cents over District No. 5—San Juan County; the Class IH price, subject to the same E 7 CFR Part 1125 ] District No. 6— Thurston County. location adjustments as specified in the District No. 7—That portion of the de­ [Docket No. AO 226-A16] present order for Class H uses; and to fined marketing area in Grays Harbor, provide that the Class HI milk will be MILK IN PUGET SOUND, WASH., Lewis and Pacific Counties. subject to no location adjustment MARKETING AREA Proposal No. 6. Revise location adjust- provisions. ment provisions pursuant to § 1125.53, Proposal No. 13. Retain reload points Notice of H earing on Proposed 1125.54, and 1125.81 where necessary to as a f acility which meets the definition include Grays Harbor County with Lewis of a “plant” and a “pool plant,” regard­ Amendments to Tentative Market­ and Pacific Counties as areas where the ing Agreement and Order less of the quantities of milk received at 20 cent per hundredweight location dif­ such reload point, and regardless of the Pursuant to the provisions of the Agri­ ferential is applicable; plant at which such milk is priced, if cultural Marketing Agreement Act of Include Thurston County and Mason not priced at such reload point; define 1937, as amended (7 U.S.C. 601 et seq.), County as areas where a 15 cent per a “handler” as the operator of a pool and the applicable rules of practice and hundredweight location adjustment is plant, specifically including the operator applicable; procedure governing the formulation of of a reload point. Provide for a 10-cent location ad­ marketing agreements and marketing or­ Proposal No. 14. Provide that an ders (7 CFR Part 900), notice is hereby justment rate for proposed District No. 2 (specified townships in Snohomish operator of one or more pool plants, in­ given of a public hearing to be held at County); cluding a reload point, be a handler with the Banquet Hall, Norway Center (Norse- Proposal No. 7. Revise § 1125.7(a) respect to milk diverted or delivered by it lander Restaurant), 300 Third Avenue to a fully regulated pool- plant upon West, Seattle, Wash. 98119, beginning at (plant-reload point definition) so that reload points will not be included in the terms and conditions similar to those 10 a.m., on March 14, 1967, with respect contained in section 1125.10(f) of the to proposed amendments to the tenta­ category of a plant, for pricing purposes. order. Eliminate reload points as points for pric­ tive marketing agreement and to the or­ Proposed by Fairmont Foods Co.: der, regulating the handling of milk in ing producer milk. Proposal No. 15. In the event the order the Puget Sound, Wash., marketing area. Proposal No. 8. Amend §§ 1125.12 and is amended to provide for three classes of The public hearing is for the purpose 1125.13 and other provisions of the order where necessary to provide for the pric­ utilization, the order should be amended of receiving evidence with respect to the as follows: economic and marketing conditions ing of producer milk at points of actual which relate to the proposed amend­ receipt and if milk is received at two or A. Revise § 1125.41(a) (3) to read: Not ments, hereinafter set forth, and any more plants from one load, such receipts specifically accounted for as Class n or appropriate modifications thereof, to the shall be prorated among producers mak­ Class H I utilization; ing up the load. tentative marketing agreement and to B. Revise § 1125.41(b) Class I I milk to the order. Proposal No. 9. Add to the uniform read: Class H milk shall be all skim milk The proposed amendments, set forth excess price in all Districts 25 cents per and butterfat used to produce products below, have not received the approval of hundredweight subject to the same loca­ other than fluid milk products or those the Secretary of Agriculture. tion adjustments as applied to Class I specified in paragraph (c) of this section. - Proposed by United Dairymen’s Asso­ and base milk in those Districts except C. Add a new paragraph (c) defining ciation on behalf of Whatcom County that in no event should the location ad­ Class H I milk to include those items Dairymen’s Association, Northwest justment for this purpose exceed 25 cents presently specified in § 1125.41(b) ( 1 ), Dairymen’s Association,* and the Lewis- per hundredweight. and (3) through (8); I f the funds available from the Class Pacific Dairymen’s Association: D. Amend § 1125.46 to provide for the Proposal No. 1. Provide for a new I I premiums over the Class IH price (25 cents) are insufficient to pay the full allocation on the basis of a three class Class I I I classification to include milk- order rather than the present two class used in butter, powder, Cheddar cheese, amount as calculated above the excess order. dumped milk, livestock feed, and shrink­ price payable in the several location ad­ age. justment Districts shall be reduced on a Proposed by the Dairy Division, Con­ sumer and Marketing Service: Proposal No. 2. Redefine Class I I milk prprata basis. to include all uses except those in Class Proposed by the Cow Milkers’ Associa­ Proposal N q. 16. Make such changes tion: I and those proposed to be classified as as may be necessary to make the entire Class III. Proposal No. 10. Amend § 1125.6 marketing agreement and the order con­ Proposal No. 3. Price Class II I milk on (marketing area definition) to redistrict form with any amendments thereto that the basis of the present Class I I pricing Grays Harbor County from District No. may result from this hearing. formula. 1 to District No. 3. Copies of this notice of hearing and the Proposal No. 4. Price Class II milk 25 Proposal No. 11. Amend § 1125.41 order may be procured from the Market cents over the Class I I I price (the present (Classes of Utilization) by: Administrator, 16 West Harrison Street, Class II pricing formula), subject to the A. Providing for a new Class m milk Seattle, Wash. 98119, or from the Hear- same location adjustments as specified classification to include all skim milk lng Clerk, Room 112-A, Administration for Class I use. and butterfat items presently set forth Building, U.S. Department of Agricul­ Proposal No. 5. Revise and redesignate in §1125.41 (b)(1) and (b)(3) through ture, Washington, D.C. 20250 or may be marketing area districts as follows: (b )(8). there inspected. B. Revise § 1125.41(b) Class I I milk to Remove from District No. 1 Grays read: Class II milk shall be all skim milk- Signed at Washington, D .C, on Harbor and Thurston Counties and three and butterfat used to produce cottage March 6,1967. northern tiers of townships in Snohomish County; “ bakers,” “pot,” cream or neufchatel C lar en c e H. G irard, cheese, and ice cream mix. District No. 2 shall consist of three Deputy Administrator, C. Revise § 1125.41(a) (3) to read: Not Regulatory Programs. northern tiers of townships in Snohomish specifically accounted for as Class n or County; Class H I utilization. [F.R. Doc. 67-2622; Filed, Mar. 7, 1967; 8:50 a.m.] FEDERAL REl SISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 PROPOSED RULE MAKING 3835

many as three channels below channel centrally located site. The Department 70, could be assigned to Anaheim. of Education has been engaged in a study FEDERAL COMMUNICATIONS Channel 56 is the most efficient on the program on the feasibility of providing basis that its assignment to Anaheim educational programs to the many schools, military installations, and the COMMISSION will leave the greatest number of chan­ general public in Guam, and is presently [ 47 CFR Part 73 1 nels still available for assignments else­ where in the area. This is the criteria pursuing an application to the Depart­ ment of Health, Education, and Welfare [Docket No. 17254; FCC 67-274] that was used to develop the overall UHF for matching funds. There, thus, ap­ assignment plan. TV BROADCAST STATIONS 5. In view of the foregoing, the peti­ pears to be a need and demand for the assignment and reservation of TV chan­ Table of Assignments; UHF Channel, tion appears to have sufficient merit to warrant the institution of rule making. nels for these purposes. 3. In view of the foregoing, comments Anaheim, Calif. Accordingly, pursuant to the authority In the matter of amendment of the contained in sections 4 (i), 303, and 307 are invited on the following: table of assignments for television broad­ (b) of the Communications Act of 1934, cast channels in § 73.606(b) of the Com­ as amended, it is proposed to amend Channel No. mission rules and regulations to assign a § 73.606(b) of the Commission rules by City UHF channel to Anaheim, Calif.; Docket assigning Channel 56 to Anaheim, Calif. Present Proposed No. 17254, RM—1082. 6 Pursuant to applicable procedures 1. During the course of the proceed­sdt but in § 1.415 of the Commission’s 8,10 *3,8, *10 ings in Docket No. 14229 which were con­ rules, interested parties may file com­ ______cerned with an overall revision of the ments on or before April 10, 1967, &nd table of assignments for UHF television reply comments on or before April 20, Operation of a noncommercial educa­ broadcast channels, Morrio Publishing 1967. All submissions by parties to this tional station on Channel 10 would, of Co. filed a petition (RM-692) to delete proceeding or by persons acting in be­ course, preclude the use of the channel Channel 52 from Corona, Calif., and half of such parties must be made in for a translator. However, the trans­ assign it to Anaheim, Calif. At the written comments, reply comments or lator operation could continue until the time, Kaiser Broadcasting Corp. held other appropriate pleadings. proposed station is ready to commence a construction permit for the chan­ 7. In accordance with the provisions operation. 4. Pursuant to applicable procedures nel and the request of Morrio Pub­ of § 1.419 of the rules, an original and lishing Co. was not granted. Kaiser 14 copies of all written comments, re­ set out in § 1.415 of the Commission’s rules, interested parties may file com­ has since placed KM TW in opera­ plies, pleadings, briefs, or other docu­ tion on Channel 52 in Corona and the ments shall be furnished the Commis­ ments on or before April 3, 1967, and application for license is pending. In a reply comments on or before April 14, sion. 1967. All submissions by parties to this recent document (FCC 66-970), the Com­ Adopted; March 1,1967. proceeding or by persons acting in behalf mission stated that consideration would of such parties must be made in written be given to the assignment of another Released: March 3,1967. comments, reply comments or other ap­ channel to Anaheim if the petitioner in­ F ederal C ommunications propriate pleadings. dicates a continuing interest in the C o m m is s io n ,1 5. Authority for the adoption of the nrompt construction and operation of a [ s e a l ] B e n F . W a p le , amendments proposed herein is con­ UHF station in Anaheim. Secretary. tained in sections 4 (i), 303, and 307(b) 2. On December 15, 1966, Morrio Pub­ of the Communications Act of 1934, as lishing Co. filed a petition for rule mak­ [F.R. Doc. 67-2575; Filed, Mar. 7, 1967; 8:48 a.m.] amended. ing (RM-1082) requesting the assign­ 6. In accordance with the provisions ment of a suitable commercial UHF tele­ [ 47 CFR Part 73 1 of § 1.419 of the rules, an original and 14 vision broadcast channel to Anaheim and copies of all written comments, replies, in support thereof, recited statistics con­ [Docket No. 17251; FCC 67-268] pleadings, briefs, or other documents cerning the population of Anaheim and shall be furnished the Commission. Orange County and asserted that a need TV BROADCAST STATIONS exists for a local TV station to provide Table of Assignments; Agana, Guam Adopted: March 1, 1967. programs of local interest to Anaheim Released: March 3, 1967. and Orange County and to provide an In the matter of amendment of advertising media for local businesses. § 73.606, table of assignments, TV broad­ F ederal C ommunications The petitioner further stated that it is cast stations (Agana, Guam ); Docket C o m m is s io n ,1 prepared to promptly apply for the chan­ No. 17251. [ s e a l ] B e n F. W a p l e , nel if it is assigned to Anaheim and if 1. Notice is hereby given of proposed Secretary. authorized to do so, will proceed with rule making in the above-entitled matter. [F.R. Doc. 67-2576; Filed, Mar. 7, 1967; the construction and operation of a new 2. At the present time television Chan­ 8:48 a.m.] UHF station on the channel. nels 8 and 10 are assigned to Agana, Guam. Station KUAM -TV occupies 3. Anaheim is located in Orange [ 47 CFR Part 73 1 County, approximately 25 miles south­ Channel 8. While there is a translator east of the Los Angeles main Post Of­ in operation on Channel 10, no applica­ [Docket No. 17253; FCC 67—271] fice and 28 miles south-southeast of the tions have been filed for a regular TV Los Angeles TV stations located on Mount broadcast station on this assignment. TV BROADCAST STATIONS Wilson. According to the U.S. Census The Governor of Guam has requested the of 1960, it had a population of 104,184 assignment and reservation for educa­ Prediction of Coverage and the petitioner gives the present tional use of two VHF television channels to be utilized as part of the future educa­ In the matter of amendment of population as 155,000. There are no TV 173.684(c) of Part 73, prediction of channels assigned to Anaheim. How­ tional television broadcast program of the territory. The request for two chan­ coverage of TV broadcast stations ; ever, it is. well within the theoretical Docket No. 17253, RM-1060. Grade A contours of the Los Angeles nels (one in the low portion of the VHF and the second in the high VHF band) is 1. Notice is hereby given of proposed VHF and UHF stations located on rule making in the above-entitled matter. Mount Wilson. Channel 50, reserved for motivated by the fact that two trans­ mitters are needed to cover the island 2. On November 9, 1966, W KBN educational use is assigned to Santa Ana Broadcasting Corp., licensee of UHF some 7 miles south of Anaheim. due to the rugged mountain terrain in the center and the lack of a suitable television broadcast Station WKBN, 4. Assignment possibilities at Anaheim Youngstown, Ohio, filed a petition re­ have been studied by means of the elec­ questing rule making looking toward an tronic computer and it is found that as i Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3836 PROPOSED RULE MAKING

amendment of § 73.684(c) to specify a appropriate for estimating the distance advertisers which has sometimes oc­ different method for predicting the dis­ to Grade A and Grade B field strength tance to the Grade A and B signal curred * ' * * when strict sponsorship contours and whether there are admin­ identification requirements of the Act strength contours.1 As petitioner points istrative problems in establishing the out, the present method specifies that in and rules have been met.” Specifically Grade A and B contours under the cited as the type of abuse of advertisers predicting the distance to the Grade A proposal. and Grade B contours, the effective to be avoided was harassment of women 7. Authority for the adoption of the advertisers by crank telephone calls. radiated power to be used is that in the proposed rule is contained in sections horizontal plane in the pertinent direc­ 2. Each licensee seeking waiver made 4 (i), 303, and 307(b) of the Communica­ substantially similar representations re­ tion. The same rule provides that in tions Act of 1934, as amended. predicting other field strengths over garding safeguards and precautionary 8. Pursuant to applicable procedures measures to be established if the Com­ areas not in the horizontal plane (such set out in § 1.415 of the Commission’s as the signal required to be placed over mission granted the request for waiver- rules, interested parties may file com­ namely, that he would attach to the pro­ the principal community) the effective ments on or before April 14, 1967, and radiated power to be used is the power in gram log for each day’s classified want reply comments on or before May 1, ads a list showing the name, the address the direction of such areas and that the 1967. All relevant and timely comments appropriate vertical plane radiation and (where available) theJ telephone and reply comments will be considered number of each person purchasing clas­ pattern of the antenna must be used in by the Commission before .final action determining this power. sified want ads and that this informa­ is taken in this proceeding. In reaching tion would be made available to any 3. WKBN states that this rule operates its decision in this proceeding, the Com­ to the serious disadvantage of UHF sta­ member of the public having a legitimate mission may also take into account other interest in it. tions where such stations compete with relevant information before it, in addi­ VHP stations for CATV carriage and 3. In view of the numerous similarly tion to the specific comments invited by worded requests for waiver, all of which priority rights. This, they argue, comes the Notice. about in the following way. UHF sta­ have been granted upon the basis of tions normally use narrower vertical 9. In accordance with the provisions of representations to the Commission re­ § 1.419 of the rules, an original and 14 beams and more electrical beam tilt than garding precautionary measures, the do VHP stations, in order to obtain copies of all comments, replies, pleadings, Commission believes it would be desirable greater effective radiated powers and briefs, and other documents shall be to amend the present sponsorship iden­ furnished the Commission. better close-in coverage. This, of course, tification rules, and to that end we are may result in a considerable reduction Adopted: March 1,1967. proposing amendments to the rules as set forth below. In effect, the proposed in the horizontal radiated power. An Released : March 3,1967. example is given of a typical high-gain amendments provide a blanket waiver of UHF antenna which results in a reduc­ F ederal C ommunications the announcements required by section tion of over 70 percent in the horizontal C o m m is s io n ,2 317(a) for classified advertising spon­ field. An example is also given of the [ s e a l ] B e n F . W a p l e , sored by private individuals but not for net effect of this rule. It is shown that Secretary. advertisement sponsored by any business Steubenville, Ohio, would be included [F.R. Doc. 67-2577; Filed, Mar. 7, 1967; enterprise (corporate or otherwise). within the Grade B contours of at least 8:48 a.m.] ‘ 4. The restriction of the waiver to in­ two Youngstown UHF stations if the dividuals is in our opinion consistent power were to be based upon that in the with the public interest, convenience, maximum vertical lobe, but this city [ 47 CFR Port 73 3 and necessity in that it affords needed would not be included if service is based [Docket No. 17252; FCC 67-269] protection to individuals. No such on the horizontal radiated power. necessity exists with respect to business 4. W KBN urges, therefore, that the STANDARD, FM, AND TV BROAD­ firms, which are not likely to be sub­ Commission “ recognize the engineering CAST STATIONS jected to telephone harassment from and regulatory merits of permitting the cranks, as are private individuals. contours to be predicted based on the Sponsorship Identification 5. The proposed rule requires each actual radiation directed toward earth Requirements licensee who wishes to take advantage in the area of concern” . It recommends In the matter of amendment of Part of the waiver to comply with certain that the last two sentences of § 73.684(c) 73 of the Commission’s rules and regu­ minimum safeguards as set forth in the be amended to read as follows: “In pre­ lations relating to the sponsorship identi­ rule. These safeguards are merely a dicting the distance to field intensity fication reguirements; Docket No. 17252. codification of the safeguards required by contours, the effective radiated power to Notice of proposed rule making is the Commission as a condition to its be used is that in the pertinent direction hereby given in the above-entitled grants of waiver in the past years under and determined by consideration of the matter. similar circumstances. Lastly, we be­ appropriate vertical plane radiation pat­ lieve the proposed amendments will as­ tern in that direction.” 1. In the past few years, in accordance sist the Commission, will relieve licens­ with the provisions of section 317(d) of 5. A study of a typical UHF antenna ees of the burden of filing applications the Communications Act of 1934, as for waiver, will protect the public and with commonly used beam tilting angles amended, the Commission has .granted indicates that at the distances involved that they are, therefore, appropriate and a number of requests substantially simi- necessary means to carry out our func­ (Grade A and Grade B contours) the iu nature for waiver of the sponsor­ effective radiated power in the pertinent tions under the public interest standard ship identification requirements of sec­ of the Communications Act. direction is almost the same as that in tion 317 (a) of the Communications Act. 6. Pursuant to applicable procedures the horizontal direction. Furthermore, Each request involved the broadcast of with the angle of tilt commonly em­ set out in § 1.415 of the Commission’s “ want ad” or classified advertisement rules and regulations, interested parties ployed, the maximum vertical radiation programs wherein individuals sponsor is directed to a point much closer to may file comments on or before April 10, brief advertisements. Typically, waiver 1967, and reply comments on or before the station than the Grade A contour. of the sponsorship identification require­ 6. We are inviting comments in order April 20, 1967. All relevant and timely ments was sought because the licensee comments and reply comments will be that W KBN and other interested parties believed that his audience “ would be bet­ may submit their views and relevant considered by the Commission before ter served if the persons who purchased final action is taken in this proceeding. data. Our primary concern is whether such want ad advertising were permitted the horizontal radiated or the power in In reaching its decision in this proceed­ to obtain the same kind of anonymity ing, the Commission may also take into other “pertinent” directions is the most which is available to users of classified account other relevant information be­ want ad advertising in the newspapers fore it, in addition to the specific com­ 1A supporting statement was filed on so as to prevent the type of abuse of Dec. 15, 1966, by W BRE-TV, Inc. licensee of ments invited by this notice. UHF Station WBRE-TV, Wilkes-Barre, Pa. 7. Authority for the amendments pro­ * Commissioner Wadsworth absent. posed herein is contained in sections

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 PROPOSED RULE MAKING 3837

(2) Shall make this list available to Sponsorship Identification Rules” (FCC 4(1) and 313(r) of the Communication 63-409; 28 F.R. 4732, May 10, 1963) and Act of 1934, as amended. members of the public who have a legiti­ mate interest in obtaining the informa­ such supplements thereto as are issued 8. In accordance with the provisions . from time to time. of § 1.419 of the rules, an original and tion contained in the list. (i) Commission interpretations in con­ (Sec. 317, 48 Stat. 1089, as amended; 47 U.S.C. 14 copies of all comments, replies, plead­ nection with the provisions of this sec­ 317) ings, brief, and other documents shall tion may be found in the Commission’s be furnished the Commission. 3. In § 73.654, paragraph (i) is redes­ public notice entitled “Applicability of ignated as paragraph (j) and a new par­ Adopted: March 1, 1967. Sponsorship Identification Rules” (FCC agraph (i) is added; as amended § 73.654 63-409; 28 F JR. 4732, May 10, 1963) and (i) and (j) read as follows: Released: March 3, 1967. such supplements thereto as are issued F ederal C ommunications from time to time. § 73.654 Sponsored programs, an­ nouncement of. C o m m is s io n ,1 (Sec. 317, 48 Stat. 1089, as amended; 47 U.S.C. [ se al] B e n F. W a p l e , 317) ***** Secretary. 2. In § 73.289, paragraph (h) is redes­ (i) The announcements required by In Chapter I of Title 47 of the Code of ignated as paragraph (i) and a new par­ section 317(a) of the Communications Federal Regulations, Part 73 is amended agraph (h) is added; as amended § 73.- Act of 1934, as amended, are waived with as follows: 289 (h) and*(i) read as follows: respect to the broadcast of “want ad” or 1. In § 73.119, paragraph (h) is re­ classified advertisements sponsored by designated as paragraph (i) and a new § 73.289 Sponsored programs, an­ individuals. The waiver granted in this paragraph (h) is added; as amended nouncement of. paragraph shall not extend to classified § 73.119 (h) and (i) read as follows: * * * * * advertisements or want ads sponsored by (h) The announcements required by any form of business enterprise, corpo­ § 73.119 Sponsored programs, an­ rate or otherwise. Whenever sponsor­ section 317(a) of the Communications nouncement of. ship announcements are omitted pursu­ Act of 1934, as amended, are waived with ant to this paragraph the following con­ ***** respect to the broadcast of “want ad” or (h) The announcements required by classified advertisements sponsored by ditions shall be observed: ( 1 ) The licensee shall maintain a list section 317(a) of the Communications individuals. The waiver granted in this showing the name, address and (where Act of 1934, as amended, are waived with paragraph shall not extend to classified available) the telephone number of each respect to the broadcast of “ want ad” or advertisements or want ads sponsored advertiser and shall attach this list to classified advertisements sponsored by by any form of business enterprise, cor­ the program log for each day’s operation ; individuals. The waiver granted in this porate or otherwise. Whenever sponsor­ paragraph shall not extend to classified ship announcements are omitted pursu­ and advertisements or wants ads sponsored ant to this paragraph the following con­ (2) Shall make this list available to by any form of business enterprise, cor­ ditions shall be observed : members of the public who have a legit­ imate interest in obtaining the informa­ porate or otherwise. Whenever spon­ (1) The licensee shall maintain a list sorship announcements are omitted pur­ showing the name, address and (where tion contained in the list. suant to this paragraph the following available) the telephone number of each (j) Commission interpretations in con­ conditions shall be observed: advertiser and shall attach this list to nection with the provisions of this sec­ (1) The licensee shall maintain a list the program log for each day’s operation; tion may be found in the Commission’s showing the name, address and (where public notice entitled “Applicability of and Sponsorship Identification Rules” (FCC available) the telephone number of each (2) Shall make this list available to advertiser and shall attach this list to 63-409; 28 F.R. 4732, May 10, 1963) and members of the public who have a legit­ such supplements thereto as are issued the program log for each day’s opera­ imate interest in obtaining the informa­ from time to time. tion; and, tion contained in the list. (i) Commission interpretations in con­ (Sec. 317, 48 Stat. 1089, as amended; 47 U.S.C. nection with the provisions of this sec­ 317) 1 Concurring statement of Commissioner tion may be found in the Commission’s [F.R. Doc. 67-2578; Filed, Mar. 7, 1967; Loevinger filed as part of original document; 8:49 a.m.] Commissioner Wadsworth absent. public notice entitled “Applicability of

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45---- 5 3838

Notices

IV. Meetings of Committee. The Com­ to the Townsite Laws, both under the Act POST OFFICE DEPARTMENT mittee shall meet upon the request of the of March 3, 1891 (26 Stat. 1095, 1099), CITIZENS’ STAMP ADVISORY Postmaster General. Meetings shall be and the Act of May 25, 1926 (44 Stat. COMMITTEE conducted in conformity with the regu­ 629) as amended, and to lease or sale lations prescribed by Executive Order Notice of Appointment and Duties under the Recreation and Public Pur­ 11007 dated February 26,1962. poses Act of June 14,1926 (44 Stat. 741): The following is an excerpt from * * * ~ * * Headquarters Circular No. 67-6 signed (5 U.S.C. 301, 39 U.S.C. 501) S ew ard M e r id ia n —U n s u r v e ye d by the Postmaster General on February KIJIK 28, 1967, relative to the above subject: T imothy J. M ay, T. 2 N., R. 28 W., General Counsel. Secs. 5 and 6. I. Purpose. To appoint a Post Office M arch 3, 1967. Department Citizens Stamp Advisory T. 3 N., R. 28 W., Committee. This Committee will make [P.R. Doc. 67-2558; Piled, Mar. 7, 1967; Secs. 29 to 32, inclusive. 8:47 a.m.] T. 2 N., R. 29 W., available to the Post Office Department Sec. 1. __ breadth of judgment and depth of experi­ T. 3 N., R. 29 W., ence in numerous areas of competence Secs. 25 and 36. which influence the subject matter, All those portions lying above the line of character and beauty of postage stamps. DEPARTMENT OF THE INTERIOR mean high water of Lake Clark and north II. Appointment to Committee. The Bureau of Land Management of the Kijik River. following are hereby appointed as mem­ TANALIAN bers of the Post Office Department Citi­ ALASKA T. 1 N., R. 29 W., zens’ Stamp Advisory Committee to serve Notice of Proposed Classification of Secs. 3, 4, and 5, at the pleasure of the Postmaster General Secs. 8 to 11, inclusive, and for a term not to exceed 1 year: Public Lands in Iliamna-Cook Inlet Secs. 14 to 18, inclusive. All those portions lying above MHW of Reuben K. Barrick, Arlington, Va. (Bureau Area for Multiple Use Management Lake Clark and south of the Tanalian River. of Engraving and Printing). 1. Pursuant to the Act of September Stevan Dohanos, Westport, Conn. 19, 1964 (78 Stat. 586; 43 U.S.C. 1411-18) CHINITNA Belmont Paries, Clifton, Va. and to the regulations in 43 CFR Parts T. 4 S., R. 22 W., Roger Kent, San Francisco, Calif. Secs. 16 and 17, Dr. Elsie M. Lewis, Washington, D.C. 2410 and, 2411, it is proposed to classify Secs. 19-to 21, inclusive, David Lidman, New York, N.Y. for multiple use management the public Secs. 30 and 31. Dr. James J. Matejka, Jr., Chicago, 111. lands described below. Subject to valid All those portions lying above and south­ Roger L. Stevens, Washington, D.C. (Special existing rights, publication of this notice erly of the line of mean high tide of Chinitna Assistant to the President on the Arts). segregates the described lands from all Bay. Norman Todhunter, New York, N.Y. forms of appropriation under the public IN ISKIN E. John Walker, Washington, D.C. (National T. 5 S., R. 24 W., Gallery of Arts). land laws except as provided in para­ Secs. 14 to 17, inclusive, Kurt Wiener, Washington, D.C. graphs 2,3, and 4. 2. All of the public lands described Secs. 21 to 23, inclusive, III. Compensation and travel allow­ in paragraph 7 shall be subject to ap­ Secs. 26 to 28, inclusive. ances. A. Members of the Post Office All those portions above and easterly of propriation under the mining laws (30 the line of MHT of Iniskin Bay. Department Stamp Advisory Committee, U.S.C. 21) except: in addition to such other reimbursable a. Public lands lying within one-half IN IS K IN W. expenses as are authorized under the mile of the line of mean high water of T. 5 S„ R. 25 W., Standardized Government Travel Regu­ all lakes exceeding 40 acres in size and all Secs. 1 to 4, inclusive, lations, as amended, shall be allowed re­ Secs. 11 to 13, inclusive, islands situated therein, Sec. 24. imbursement for travel expenses and per b. Public lands lying within one-half diem at the rate of $16 a day in lieu of All those portions above and west of the mile of the line of mean high tide of line of MHT of Iniskin Bay. subsistence, when traveling in connec­ Cook Inlet including all Cook Inlet is­ tion with their duties as members of the lands within one mile of this line of MHT, PILE AND PEDRO BAYS Post Office Department Stamp Advisory c. Public lands within one-quarter T. 4 S., R. 27 W., Committee. They shall be granted an mile of the centerline of the existing Secs. 24 to 36, inclusive. allowance of 9 cents per mile for neces­ Pile Bay-Iliamna Bay portage road. T. 5 S., R. 27 W., sary official use of privately owned auto­ 3. All of the public lands described in Secs. 3 and 4. mobiles or airplanes when traveling in paragraph 7 shall remain subject to the T. 4 S., R. 28 W., connection with their duties as members Mineral Leasing Laws of February 25, Sec. 19, of such Committee. Approval of ad­ 1920 (41 Stat. 437; 30 U.S.C. 181 et seq.), Secs. 25 to 36, inclusive. vantage to the Government, as required as amended, and the Materials Act of T. 5 S., R. 28 W.,^ by law, shall be made either by the Post­ July 31,1947 (61 Stat. 681), as amended, Secs. 1 to 10, inclusive. master General, the Deputy Postmaster the Act of April 12, 1926 (44 Stat. 242), T. 5 S., R. 29 W., General, on the Special Assistant to the and section 11 of the Act of May 14,1898 Secs. 1 to 5, inclusive, Postmaster General. (30 Stat. 414). Secs. 9 to 12, inclusive. Members of the Committee who are 4. The public lands in the following All those portions above and northerly of appointed from private life shall also the line of M H W of Iliamna Lake, but ex­ described areas shall remain open to cluding all islands. each receive compensation of $48 per settlement by Natives of Alaska (Es­ day when engaged in duties as members kimos, Aleuts, and Indians) and to ap­ ILIAMNA-COTTONWOOD BAYS of the Committee, including travel time propriation under the Native Allotment T. 6 S., R. 26 W „ to and from their homes or regular Act of May 17, 1906 (34 Stat. 197), as Secs. 1 to 3, inclusive, places of business. amended August 2, 1956 (70 Stat. 954- Secs. 10 to 15, inclusive, B. No member of the Committee will 48 U.S.C. 357, 357a, 357b), and subject Secs. 20 to 29, inclusive, Secs. 32 to 36, inclusive. receive personal benefit from payment to disposal under the Public Land Sales for stamp designing. All those portions above M HT of THn.mnft Act of September 19,1964 (78 Stat. 988), and Cottonwood Bays.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3839

Tps. 1 to 9 S., R. 27 W. I f circumstances warrant, a public Tps. 14 to 16 S., R. 27 W. hearing will be held at a convenient time SID LARSON BAT Tps. 1 to 10 S., R. 28 W. and place, which will be announced. T.9 S..R.31 W.. Tps. 14 to 16 S., R. 28 W. The lands involved in the application Secs. 4 to 9, inclusive, Tps. 1 to 11 S, Rs. 29 and 30 W . are: Secs. 16 to 18, inclusive. Tps. 14 to 17 S., Rs. 29 and 30 W . E k l ij t n a L a k e , A l a s k a All those portions above MHW of Hiamna Tps. 1 to 12 S., R. 31 W. SEWARD MERIDIAN (UNSURVEYED) Lake. Tps. 14 to 17 S., R. 31 W . Tps. 1 to 12 S., R. 32 W. KOKHANOK T. 15 N..-R. 2 E„ Tps. 15 to 17 S., R. 32 W. Sec. 7, NE%SE% and SE% NE% . T. 8 S„ R. 32 W., Tps. 1 to 17 S., Rs. 33 to 36 W., inclusive. Secs. 29 to 36, inclusive. Tps. 5 to 16 S., Rs. 37 and 38 W. Aggregating 80 acres and situated All those portions above M HW of Iliamna Tps. 5 to 15 S., R. 39 W. about 28 miles northeast of Anchorage. Lake. Tps. 9 to 12 S., R. 40 W., E y2. i l i a m n a - n e w h a l e n Tps. 13 to 15 S., R. 40 W. B u r t o n W. S il c o c k , T. 4 S., R. 33 W. State Director. All that portion lying east of Newhalen The area proposed for classification aggregates approximately 6,552,000 acres. [P.R. Doc. 67-2538; Piled, Mar. 7, 1967; River. 8:45 am .] T. 5 S., R. 33 W. B u r t o n W. S il c o c k , All that portion lying westerly and above State Director. the MHW line of Iliamna Lake. [Grazing Districts No. 4 and 5] M a r c h 3, 1967. IGIUGIG WYOMING [P.R. Doc. 67-2532; Piled, Mar. 7, 1967; T. 10 S., R. 39 W., 8:45 a.m.] Secs. 5 to 9, inclusive, Modification of Certain Grazing Secs. 16 to 18, inclusive. Districts All those portions above MHW of Iliamna [AA—502] Lake. _ Under and pursuant to the authority ALASKA vested in the Secretary of the Interior by The areas described above, including the act of June 28,1934 (48 Stat. 1269; 43 both public and nonpublic lands, aggre­ U.S.C. 315, et seq.), as amended, known gate approximately 89,200 acres. Notice of Proposed Withdrawal and Reservation of Lands as the Taylor Grazing Act, and in accord­ 5. A public hearing on the proposed ance with the authority delegated in 235 classification will be held on May 2,1967, F e b r u a r y 28, 1967. DM 1.1, it is ordered as follows: at King Salmon, Alaska. The purpose The exterior boundaries of Grazing of the hearing is to give all interested an The Bureau of Reclamation has filed an application, Serial No. AA—502 for the District No. 4 established by Departmen­ opportunity to present their views as to tal Order approved October 31, 1936, are the proposal to classify the following de­ withdrawal of the lands described below from all forms of appropriation. The hereby extended to include the following scribed lands for multiple use manage­ described lands, which lands are hereby ment. In addition, for such lands as applicant desires the land for operation and maintenance of the Eklutna Hydro­ excluded from Wyoming Grazing District should be so classified, views are needed No. 5, established October 31, 1936: as to the extent to which the classified electric Project and for protection of a lands should be segregated from appro­ new dam and facilities. Six t h P r in c ip a l M e r id ia n priation under the public land laws. For a period of 30 days from the date T. 26 N„ R. I l l W., All interested persons are encouraged of publication of this notice, all persons Secs. 5 to 8, inclusive; to attend and present information and who wish to submit comments, sug­ Secs. 17 to 20, inclusive; suggestions. Written statements will gestions, or objections in connection Secs. 29 to 32, inclusive. also be accepted. with the proposed withdrawal may pre­ This boundary modification will be­ 6. For a period of 75 days from the sent their views in writing to the under­ come effective upon publication in the date of publication of this notice in the signed officer of the Bureau of Land Management, 555 Cordova Street, An­ F ederal R eg iste r . F ederal R egister, all persons who wish J o h n O. C r o w , to submit comments, suggestions, or ob­ chorage, Alaska 99501. Associate Director. The Department’s regulations, 43 CFR jections in connection with the proposed M arch 2, 1967. classification may present their views in 2311.1-3 (c), provide that the author­ ized officer of the Bureau of Land [P.R. Doc. 67-2539; Piled, Mar. 7, 1967; writing to the Manager, Anchorage Dis­ 8:45 a.m.] trict Office, Bureau of Land Management, Management will undertake such inves­ 4700 East 72d Street, Anchorage, Alaska tigations as are necessary to determine 99502. the existing and potential demand for 7. The public lands proposed for clas­ the lands and their resources. He will sification are located within the follow­ also undertake negotiations with the ap­ DEPARTMENT OF AGRICULTURE ing described area and are shown on plicant agency with the view of adjusting Commodity Credit Corporation maps on file in the Anchorage District the application to reduce the area to Office, 4700 East 72d Street, Anchorage, the minimum essential to meet the ap­ SALES OF CERTAIN COMMODITIES Alaska 99502, and the Anchorage Land plicant’s needs, to provide for the maxi­ March Sales List Office, 555 Cordova Street, Anchorage, mum concurrent utilization of the lands Alaska 99501. for purposes other than the applicant’s, Notice to buyers. Pursuant to the to eliminate lands needed for purposes policy of Commodity Credit Corporation Sew ard M e r id ia n more essential than the applicant’s, and issued October 12, 1954 (19 F.R. 6669), UNSURVEYED PROTRACTED DESCRIPTIONS to reach agreement on the concurrent and subject to the conditions stated T. 3 N., R. 17 W . management of the lands and their therein as well as herein, the commod­ Tps. 2 and 3 N., R. 18 W. resources. ities listed below are available for sale Tps. 4 to 7 N., R. 18 W., Wy2. The authorized officer will also pre­ and, where noted, for redemption of T. 8 N., R. 18 W., S W & . pare a report for consideration by the payment-in-kind certificates on the price Tps. 1 to 8 N., Rs. 19 to 27 W., inclusive. Secretary of the Interior who will deter­ basis set forth. Tps. 1 to 6 N., Rs. 28 and 29 W. Tps. 1 to 4 N., Rs. 30 to 33 W., inclusive. mine whether the lands will be with­ The U.S. Department of Agriculture Tps. 1 to 3 N., Rs. 34 and 35 W . drawn as requested by the applicant announced the prices at which CCC com­ Tps. 1 and 2 S., R. 19 W. agency. modity holdings are available for sale Tps. 1 to 3 S., Rs. 20 and 21 W. The determination of the Secretary beginning at 3 p.m., e.s.t., on February Tps, 1 to 6 S., Rs. 22 to 24 W., inclusive (par­ on the application will be published in 28, 1967, and, subject to amendment, tially surveyed). the F ederal R e g ister . A separate no­ continuing until superseded by the April Tps. 1 to 7 S., R. 25 W . tice will be sent to each interested party Monthly Sales List. The following com­ Tps. 1 to 9 S., R. 26 W. modities are available: Cotton (upland T. 14 S, R. 26 W . of record.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3840 NOTICES

and extra long staple), wheat, corn, oats, for financing under the CCC Export barley, rye, rice, grain sorghum, peanuts, adequate information of financial re­ Credit Sales Program include wheat, sponsibility of the offerer to meet con­ flax, linseed oil, and tung oil. wheat flour, barley, bulgur, corn, corn- For March there is no change in com­ tract obligations of the type contem­ meal, grain sorghum, upland and extra plated in this announcement. I f a pro­ modities listed. long staple cotton, tobacco, milled and On February 17, USDA announced that spective offerer is in doubt as to whether brown rice, cottonseed oil, soybean oil CCC has adequate information with re­ the CCC would stop quoting prices for dairy products, dry edible beans, and the export sale of its wheat and make tallow. spect to his financial responsibility, he should either submit a financial state­ sales only on the basis of offers sub­ Information on commodities available mitted by buyers. This is being modi­ ment to the office named in the invita­ under Title IV, P.L. 480, private trade tion prior to making an offer, or com­ fied further to withdraw all classes of agreements, and current information on CCC wheat from export sales at all municate with such office to determine interest rates and other phases of the whether such a statement is desired in coasts except the west coast, effective program may be obtained from the on issuance of this sales list. CCC will his case. When satisfactory financial Office of the General Sales Manager, responsibility has not been established continue to accept offers for wheat from Foreign Agricultural Service, U.S. De­ buyers for export sale at west coast CCC reserves the right to consider an partment of Agriculture, Washington offer only upon submission by offerer locations. West coast CCC wheat sales D.C. 20250. will be made under Announcement GR- of a certified or cashier’s check, a The following commodities are cur­ bid bond, or other security, acceptable 261 which provides for pricing at world rently available for new and existing price levels. In addition, limited quan­ to CCC, assuring that if the offer is ac­ barter contracts: Oats, cotton (upland cepted, the offerer will comply with any tities of hard red winter wheat at west and extra long staple), and tobacco. coast points will be offered from time to provisions of the contract with respect Wheat and grain sorghum are also avail­ to payment for the commodity and the time for export sales at quoted prices able under conditions noted in the in­ under Announcement GR^-345 (redemp­ furnishing of performance bond or other dividual commodity listings. (In addi­ security acceptable to CCC. tion of payment-in-kind export cer­ tion, free market stocks of com, grain tificates). Disposals and other handling of in­ sorghum, wheat, wheat flour, tobacco, ventory items often result in small quan­ Com, oats, barley, or grain sorghu m , cottonseed, and soybean oils are eligible as determined by CCC, will be sold for tities at given locations or in qualities for barter programing under barter not up to specifications. These lots are unrestricted use for “Dealers’ Certifi­ contracts covering procurements for Fed­ cates” issued under the emergency live­ offered by the appropriate ASCS office eral agencies that will reimburse CCC promptly upon appearance and there­ stock feed program.. Grain delivered except that hard red winter, hard red against such certificates will be sold at fore, generally, they do not appear in spring, and durum wheats, and flour the Monthly Sales List. the applicable current market price produced from those wheats, may not be determined by CCC. On sales for which the buyer is re­ exported through west coast ports.) In the following listing of commodi­ quired to submit proof to CCC of ex­ This list is subject to change from time portation, the buyer shall be regularly ties and sales prices or method of sales, to time. engaged in the business of buying or unrestricted use” applies to sales which The CCC will entertain offers from re­ permit either domestic or export use and selling commodities and for this purpose sponsible buyers for the purchase of any shall maintain a bona fide business office “ export” applies to sales which require commodity on the current list. Offers export only. CCC reserves the right to in the United States, its territories or accepted by CCC will be subject to the possessions and have a person, principal, determine the class, grade, quality, and terms and conditions prescribed by the available quantity of commodities listed or resident agent upon whom service of for sale. Corporation. These terms include pay­ judicial process may be had. ment by cash or irrevocable letter of The CCC Monthly Sales List, which Prospective buyers for export should credit before delivery of the commodity, note that generally, sales to U.S. Govern­ varies from month to month as addi­ and the conditions require removal of the tional commodities become available or ment agencies, with only minor excep­ commodity from CCC stocks within a tions will constitute domestic unre­ commodities formerly available are reasonable period of time. Where sales dropped, is designed to aid in moving stricted use of the commodity. are for export, proof of exportation is Commodity Credit Corporation re­ CCC’s inventories into domestic or ex­ also required, and the buyer is responsi­ port use through regular commercial serves the right, before making any sales, ble for obtaining any required U.S. Gov­ to define or limit export areas. channels. ernment export permit or license. Pur­ If it becomes necessary during the The Department of Commerce, Bu­ chases from CCC shall not constitute any reau of International Commerce, pur­ month to amend this list in any material assurance that any such permit or li­ way such as by the removal or addition suant to regulations under the Export cense will be granted by the issuing au­ Control Act of 1949, prohibits the expor­ of a commodity in which there is gen­ thority. tation or reexportation by anyone of any eral interest or by a significant change in Applicable announcements containing price or method of sale— an announce­ commodities under this program to Cuba, all terms and conditions of sale will be the Soviet Bloc or Communist-controlled ment of the change will be sent to all furnished upon request. For easy refer­ persons currently receiving the list by areas of the Far East including Commu­ ence a number of these announcements nist China, North Korea, and the Com­ mail from Washington. To be put on are identified by code number in the fol­ this mailing list, address: Director, Pro­ munist-controlled area of Viet Nam ex­ lowing list. Interested persons are cept under validated license issued by curement and Sales Division, Agricul­ invited to communicate with the Agricul­ ture Stabilization and Conservation the U.S. Department of Commerce, Bu­ tural Stabilization and Conservation reau of International Commerce. Service, U.S. Department of Agriculture, Service, USDA, Washington, D.C. 20250, Washington, D.C. 20250. For all exportations, one of the desti­ with respect to all commodities or—for nation control statements specified in Interest rates per annum under the specified commodities—within the desig­ CCC Export Credit Sales Program (An­ Commerce Department Regulations nated ASCS Commodity Office. (Comprehensive Export Schedule § 379.10 nouncement GSM-3) for March 1967 are Commodity Credit Corporation re­ 6 percent for U.S. bank obligations and (c) ) is required to be placed on all serves the right to amend from time to copies of the shipper's export declara­ 7 percent for foreign bank obligations, time, any of its announcements. Such without regard to credit periods in­ tion, all copies of the bill of lading, and amendments shall be applicable to and all copies of the commercial invoices. volved up to a maximum of 36 months. be made a part of the sale contracts CCC-owned commodities currently avail­ For additional information as to which thereafter entered into. destination control statement to use, the able for export sale under the CCC Ex­ CCC reserves the right to reject any port Credit Sales Program are: Wheat, exporter should communicate with the or all offers placed with it for the pur­ Bureau of International Commerce or grain sorghum, barley, oats, rye, rice, chase of commodities pursuant to such flaxseed, extra long staple cotton, plus one of the field offices of the Department announcements. of Commerce. tobacco from CCC loan stocks. Com­ CCC reserves the right to refuse to con­ modities from private stocks now eligible Exporters should consult the appli­ sider an offer, if CCC does not have cable Commerce Department regulations

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3841

rate plus 34 cents per hundredweight) for for more detailed information if desired E. Available. Evanston, Kansas City, Min­ neapolis, and Portland ASCS offices. the class, grade, and quality of the grain and for any changes that may be made sorghum, plus the markup shown in C of therein. CORN, BULK this unrestricted use section applicable to the type of carrier involved. Sale s P rice or M e t h o d o f Sa le Unrestricted Use. A. Redemption of domestic payment-in­ 2. Nonstorable. At not less than market WHEAT, BULK kind certificates. Such CCC dispositions of price as determined by CCC. corn as CCC may designate will be in re­ C. Markups and examples ( dollars per Unrestricted use: hundredweight in-store1 No. 2 or better). A. Storable. All classes of wheat in CCC demption of certificates or rights represented inventory are available for sale at market by pooled certificates under a feed grain pro­ gram. The price at which corn shall be price but not below 115 percent of the 1966 Markup in-store price support loan rate for the class, grade, valued for such dispositions shall be the mar­ received by— E xam ples and protein of the wheat plus the markup ket price as determined by CCC, but not less shown in C below applicable to the type of than 115 percent of the applicable 1966 price- support loan rate for the class, grade, and T ru c k R a il or carrier involved. barge B. Nonstorable. At not less than market quality of the corn plus the markup shown in C of this unrestricted use section. price, as determined by CCC. B. General sales. $0.21% $0.15% Feed grain program domestic P IK C. Markup and examples ( dollars per certificate minimums: 1. Storable. Such CCC dispositions of bushel— in-store.) H a le C o u n ty , T e x . ($1.50) 115 per­ storable corn as CCC may designate as gen­ cen t +$0.21% ; $1.92. eral sales will be made during the month at K an sas C ity , M o . (ex-rail) ($1.78) market price, as determined by CCC, but not 115 percen t +$0.15% ; $2.20%. Markup in-store Agricultural Act of 1949; stat. mini­ received by— less than the Agricultural Act of 1949 for­ m u m s: _ Examples—Agricultural A ct of 1949; mula minimum price for such sales which is Hale County, Tex. ($1.50+$0.34); Stat. minimum 105 percent of the applicable 1966 price sup­ 105 percen t +$0.21% ; $2.15%. Truck R a il or port rate 2 (published loan rate plus 19 cents Kansas City, Mo. (ex-rail) ($1.78+ barge $0.34); 105 percent +$0.15% ; per bushel) for the class, grade, and quality $2.38%. of the corn, plus the markup shown in C $0.17 $0.13% M in n e ap olis— N o . 1 D N S ($1.56) 115 of this unrestricted use section. percen t +$0.13% ; $1.93%. 2. Nonstorable. At not less than market D. Availability information. For infor­ P o rtla n d — N o . 1 S W ($1.46) 115 per­ mation on CCC grain sorghum sales and cen t +$0.13% ; $1.81%. price as determined by CCC. K an sas C it y — N o . 1 H E W ($1.43) 115 C. Markups and examples ( dollars per payments-in-kind from bin sites, contact percen t +$0.13% ; $1.78%. bushel in-store1 basis No. 2 yellow corn 14 ASCS State or county offices. For infor­ C hicago— N o . 1 R W ($1.49) 115 per­ percent M.T. 2 percent F .M .). mation on the disposition of grain sorghum cen t +$0.13% ; $1.85%. from other locations, contact the Kansas City, Evanston, Portland, or Minneapolis M a rk u p in­ ASCS grain offices shown at the end of this D. Availability information. Contact store Evanston, Kansas City, Minneapolis, .or Port­ received by— E xam ples sales list. land ASCS grain offices shown at end of this Export. Sales are made at the applicable export sales list. T ru c k Export. market price, as determined by CCC; export A. CCC will sell limited quantities of Hard payment rates, if any, are deducted in ar­ Red Winter wheat at west coast ports at an­ $0.11% Feed grain program domestic PIK riving at barter and credit sales prices. The certificate minimums: statutory minimum price referred to in the nounced prices under Announcement GR— ,M cLean County, 111. ($1.01+$0.03) 345 (Revision III, July 6, 1962, as amended) 115 percent +$0.11% ; $1.31%. price adjustment provisions of the following to fill dollar market sales and buyer must Agricultural Act of 1949 stat. mini- export sales announcements is 105 percent show export from the west coast to a destina­ m u m s: of the applicable price-support rate plus the M cLean County, 111. ($1.01+$0.19 markup referred to in C of the unrestricted tion west of the 170th meridian, west longi­ +$0.03); 105 percent +$0.11%; tude and. east of the 60th meridian, east $1.41%. use section for grain sorghum. Sales will be longitude, and to countries on the west coast made pursuant to the following announce­ of Central and South America. Notice of ments: D. Availability information. For infor­ export sale must be given within 5 days A. Announcement GR—368 (Revision 2, mation on CCC corn sales and payments-in- after purchase. Mar. 1, 1965, as amended), feed grain ex­ kind from bin sites, contact ASCS State or B. CCC will sell wheat for export under port program. Announcement GR—261 (Revision II, Jan. 9, county offices. For information on the dis­ position of com from other locations, con­ B. Announcement GR-212 (Revision 2, 1961, as amended and supplemented) as tact the Evanston, Kansas City, Minneapolis, Jan. 9, 1961) for application to barter con­ follows : or Portland ASCS Grain Offices shown at the tracts entered into pursuant to invitations (1) All classes of wheat will be sold only end of this sales list. * for barter offers dated prior to 3:30 p.m. at west coast ports for export commodity e.d.t., on August 26, 1966, and to approved Export. certificates to fill dollar market sales and Corn from CCC inventory is not available CCC credit and other designated sales. buyer must show export from the west coast for export sale. • C. Available. Evanston, Kansas City, to a destination west of the 170th meridian, Minneapolis, and Portland ASCS grain offices. west longitude, and east of the 60 th GRAIN SORGHUM (BULK) BARLEY, BULK meridian, east longitude, and to countries- Unrestricted use. on the west coast of Central and South A. Redemption of domestic payment-in­ Unrestricted use. America. The buyer must include in his kind certificates. Such CCC dispositions of A. Redemption of domestic payment-in­ offer the price at which he proposes to pur­ grain sorghum as CCC may designate will kind certificates. Such CCC dispositions of chase the wheat. be in redemption of certificates or rights barley as CCC may designate will be In re­ represented by pooled certificates under a (2) All classes will be sold for application demption of certificates or rights represented feed grain program. The minimum price at to barter contracts entered into pursuant to by pooled certificates under a feed grain invitations for barter offers dated prior to which grain sorghum shall be valued for program. The minimum price at which such dispositions shall be market price, as 3:30 p.m., e.d.t., on August 26, 1966. CCC- barley shall be valued for such dispositions determined by CCC, but not less than 115 owned wheat will not be sold for barter at shall be market price, as determined by CCC, percent of the applicable 1966 price-support west coast ports nor will evidence of export but not less than 115 percent of the appli­ at west coast ports be acceptable under a loan rate for the class, grade, and quality cable 1966 price-support loan rate for the of the grain sorghum, plus the markup sale for barter. class, grade, and quality of the barley, plus shown in C of this unrestricted use section C. Announcement GR-262 (Revision II, the markup shown in C of this unrestricted applicable to the type of carrier involved. Jan. 9, 1961, as amended) for export as flour use section applicable to the type of carrier as follows: All classes will be sold for appli­ B. General sales. involved. cation to barter contracts entered into pur­ 1. Storable. Such CCC dispositions of B. General sales. suant to invitations for barter offers dated storable grain sorghum as CCC may desig­ 1. Storable. Such CCC dispositions of prior to 3:30 p.m., e.d.t., on August 26, 1966. nate as general sales will be made during the storable barley as CCC may designate as gen­ However, sales for barter will not be made at month at market price, as determined by eral sales will be made during the month west coast ports nor will evidence of export CCC, but not less than the Agricultural Act at market price, but not less than the Agri­ from west coast ports be acceptable under of 1949 formula minimum price for such cultural Act of 1949 formula minimum price a sale for barter pursuant to this announce­ sales which is 105 percent of the applicable for such sales which is 105 percent of the ment. 1966 price-support rate2 (published loan applicable 1966 price-support rate2 (pub­ D. CCC will not sell wheat under An­ lished loan rate plus 13 cents per bushel) nouncement GR—346 until further notice. See footnotes at end of document.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3842 NOTICES

for the class, grade, and quality of the barley, riving at barter and credit sales prices. plus the markup shown in C of this un­ of Upland Cotton for Unrestricted Use). Un­ The statutory minimum price referred to der this announcement, upland cotton ac­ restricted use section, applicable to the type in the price adjustment provisions of the of carrier involved. quired under price-support programs will be following export sales announcements is 2. Nonstorable. At not less than market sold at the highest price offered but in no 105 percent of the applicable price-support price as determined by CCC. event at less than the higher of (a ) llo per­ rate plus the markup referred to in B of the cent of the current loan rate for such cotton C. Markups and examples

Connecticut, Delaware, Illinois, Indiana, ttjng o il • Export. Competitive bid, under MP-10, pursuant Iowa, Kentucky, Maine, Maryland, Mas­ sachusetts, Michigan, -New Hampshire, Domestic or export. to invitation to bid to be issued by Minne­ New Jersey, New York, Ohio, Pennsyl­ Sales are made periodically on a competi­ apolis ASCS Commodity Office. Sales under vania, Rhode Island, Virginia, Vermont, tive bid basis. Bids are submitted to the this announcement may be made for appli­ Producer Associations Division, Agricultural cation to barter and approved CCC credit. and West Virginia. Branch Office— Minneapolis ASCS Branch Stabilization and Conservation Service, Any nonfat dry milk offered but not sold Office, 310 Grain Exchange Building, Washington, D.C. 20250. under the invitation to bid issued pursuant Minneapolis, Minn. 55415. Telephone: The quantity offered and the date bids are to MP-10 will be offered for sale through the following Monday noon at prices announced 334—2051. to be received are announced to the trade in Minnesota, Montana, North Dakota, South by press release from the Minneapolis ASCS notices of Invitation to Bid, issued by the Dakota, and Wisconsin. Comodity Office each Wednesday. National Tung Oil Marketing Cooperative, Branch Office— Portland ASCS Branch Of­ Inc., PoplaxVille, Miss. BUTTER fice, 1218 Southwest Washington Street, Terms and conditions of sale are as set Portland, Oreg. 97205. Telephone: 226- forth in Announcement NTOM-PR-3, ef­ Unrestricted use. < Announced prices, under MP—14: 70.5 cents 3361. fective September 26, 1966, and the appli­ Idaho, Oregon, Utah, and Washington (do­ per pound—New York, Pennsylvania, New cable Invitation to Bid. mestic and export sales), California (ex­ Jersey, New England, and other States bor­ Copies of the Announcement or the In ­ port sales on ly). dering the Atlantic Ocean and Gulf of vitation may be obtained from the Coopera­ Mexico. 69.75 cents per pound— Washington, PROCESSED COMMODITIES OFFICE (ALL STATES) tive or Producer Associations Division, ASCS. Oregon, and California. All other States Telephone Washington, D.C., area code 202, Minneapolis ASCS Commodity Office, 6400 69.50 cents per pound. DU 8-3901 or DU 8-2967. France Avenue South, Minneapolis, Minn. Export. 55435. Telephone: Area Code 612, 334- FLAXSEED, BULK Competitive bid under Announcement MP-10, pursuant to invitations to bid to be 3200. Unrestricted use. issued by Minneapolis ASCS Commodity O f­ COTTON OFFICES (ALL STATES) A. Storable. Market price but not less fice. Sales under this announcement may New Orleans ASCS Commodity Office, Wirth than the applicable 1966 support price for be made for application to barter and CCC Building, 120 Marais Street, New Orleans, the class, grade, and quality of flaxseed plus credit. La. 70112. Telephone: 527-7766. 1 4 cents per bushel, and plus the respective Any butter offered but not sold under the markup shown in B below applicable to the invitation to bid issued pursuant to MP—10 GENERAL SALES MANAGER OFFICES type of carrier involved. will be offered for sale through the following Representative of General Sales Manager, B. Markups and examples ( dollars per Monday noon at prices announced by press New York Area: Joseph Reidinger, 80 La­ bushel in-store) .l release from the Minneapolis ASCS Com­ fayette Street, New York, N.Y. 10013. Tele­ modity Office each Wednesday. phone: 264-8439, 8440, 8441. Markup per Examples of minimum pr ices CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Representative of General Sales Manager, bushel received (ex-rail or barge) West Coast Area: Callan B. Duffy, Apprais­ b y — Unrestricted use. ers’ Building, Room 802, 630 Sansome Announcéd prices, under MP—14: 49.0 cents Street, San Francisco, Calif. 94111. Tele­ per pound—New York, Pennsylvania, New T ru ck R a il or T erm in a l Class and P ric e phone: 556-6185. barge grade England, New Jersey, and other States bor­ dering the Atlantic Ocean and Pacific Ocean (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. and the G ulf of Mexico. All other States 714b. Interpret or apply sec. 407, 63 Stat. Cents 1066; sec. 105, 63 Stat. 1051, as amended by Cents N n 1 • 48.0 cents per pound. $0.1834 $0.14 Minneapolis.. $3.43}4 76 Stat. 612; secs. 303, 306, and 307, 76 Stat. Export. Competitive bid under Announcement M P - 614-617; 7 U.S.C. 1441 (n o te )) C. Nonstorable. At not less than market 10, pursuant to invitation to bid to be issued Signed at Washington, D.C., on March price as determined by CCC. by Minneapolis ASCS Commodity Office. An­ 3, 1967. D. Available. Through the Minneapolis nounced prices under MP—10. Sales under H. D. G o d f r e y , Grain Merchandising ASCS Office. t.bis announcement may be made for appli­ Export. cation to CCC credit. Executive Vice President, A. Announcement PS-GR-4, Revision 1, as A ny cheese offered but not sold under the Commodity Credit Corporation. amended, dispositions of flaxseed, as desig­ invitation to bid issued pursuant to MP-10 ' [F.R. Doc. 67-2569; Filed, Mar. 7. 1967; nated by CCC, will be in redemption of export will be offered for sale through the following 8:48 a.m.] commodity certificates at the domestic mar­ Monday noon at prices announced by press ket price as determined by CCC. release from the Minneapolis ASCS Com­ B. Announcement GR-212 (Revision 2, modity Office each Wednesday. Jan. 9, 1961), for application to approved CCC credit sales. Such sales w in be at the FOOTNOTES DEPARTMENT OF HEALTH, EDUCA­ domestic market price as determined by CCC iT h e formula price delivery basis for bin less the applicable export payment allowance. site sales will be f.o.b. TION, AND WELFARE The flaxseed to be exported shall be No. 2 3 To compute, multiply applicable support grade, or better. price by 105 percent or the price support loan Food and Drug Administration C. Available. Through the Minneapolis rate by 115, as indicated, round product up Grain Merchandising ASCS Office. to nearesjt whole cent and add amount shown COLORCON, INC. in the appropriate table and any applicable LINSEED OIL, RAW (BULK) Notice of Filing of Petition Regarding freight and handling charges. Diluent for Color Additive Mixtures Export. USDA A gricultural Stabilization a n d Under Announcement PS-GR-4, Revision C onservation S ervice O f f ic e s : Pursuant to the provisions of the Fed­ 1, as amended, dispositions of raw linseed oil, eral Food, Drug, and Cosmetic Act (sec. as designated by CCC, will be in redemption GRAIN OFFICES 706(d), 74 Stat. 403; 21 U.S.C. 376(d), of export commodity certificates at the Kansas City ASCS Commodity Office, 8930 notice is given that a petition (CADP 2) domestic market price as determined by CCC. Ward Parkway, Post Office Box 205, Kan­ has been filed by Colorcon Inc., Box 24, Available. Through the Minneapolis ASCS sas City, Mo. 64141. Telephone: Emer­ West Point, Pa. 19486, proposing that Commodity Office. son 1-0860. § 8.300 Alabama, Alaska, Arizona,. Arkansas, Colo­ Diluents in color additive mix­ DAIRY PRODUCTS rado, Florida, Georgia, Hawaii, Kansas, tures for food use exempt from certifi­ Louisiana, Mississippi, Missouri. Ne­ cation be amended to provide for the Sales are in carlots only in-store at storage safe use of polyvinylpyrrolidone as a location of products. braska, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, diluent in color additive mixtures used Submission of offers. Tennessee, Texas, and Wyoming (domes­ in or as food-tablet coatings. Submit offers to the Minneapolis ASCS tic and export), California (domestic Commodity Office. only). Dated; March 3,1967. NONFAT DRY M ILK Branch Office— Evanston ASCS Branch Of­ J. K . K ir k , fice, 2201 Howard Street, Evanston, 111. Associate Commissioner Unrestricted use. 60202. Telephone: Long Distance— Uni­ for Compliance. Announced prices, under MP-14: Spray versity 9-0600 (Evanston Exchange). process, U.S. Extra Grade, 21.60 cents per Local—Rogers Park 1-5000 (Chicago, [P E . Doc. 67-2567; Filed, Mar. 7, 1967; 8:47 a.m.] pound. 111.).

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3844 NOTICES

[Docket No. FDC-D-102; NDA No. 11-997] will have a net electrical capacity per doing business as Advanced Electronics, CHAS. PFIZER AND CO., INC unit of approximately 1065 megawatts and agreed to by the other parties, and derived from a thermal capacity of ap­ it appearing, that the continuances are Mastalone; Notice of Withdrawal of proximately 3295 megawatts. Unit No. necessary: Approval of New-Drug Application 2 will be owned jointly by the applicant, I t is ordered, This 1st day of March Chas. Pfizer & Co., Inc., 435 East 42d Public Service Electric & Gas Co., New­ 1967, by the Hearing Examiner on his Street, New York, N.Y. 10017, the appli­ ark, N.J.; Delmarva Power & Light Co., own motion, that the dates previously cant for and the holder of new-drug Wilmington, Del.; and Atlantic City set for (a) exchange of rebuttal exhibits, Electric Co., Atlantic City, N.J. Unit application No. 11-997 for Mastalone, a (b) notification of witnesses desired for No. 3 will be owned solely by Phila­ cross-examination, and (c) further hear­ mastitis ointment, has requested with­ delphia Electric Co. drawal of approval of that application, ing are canceled: And it is further or­ and thereby has waived the opportunity A copy of the application is available dered, That the aforesaid motion re­ for a hearing, as provided for by sec­ for public inspection at the Commis­ questing the following dates is granted: tion 505(e) of the Federal Food, Drug, sion’s Public Document Room, 1717 H (1) Exchange of rebuttal exhibits and Cosmetic Act, prior to such with­ Street NW, Washington, D.C. shall occur March 28,1967, drawal. (2) Notification of witnesses desired Dated at Bethesda, Md., this 28th day for cross-examination shall be made on The Commissioner of Food and Drugs, of February 1967. by virtue of the authority vested in the or before April 8, 1967, and Secretary of Health, Education, and For the Atomic Energy Commission. (3) The further hearing heretofore Welfare by the Federal Food, Drug, and scheduled for March 14, 1967 is resched­ P eter A. M o r r is, uled to commence at 10 a.m., April 18, Cosmetic Act (sec. 505(e), 52 Stat. 1053, Director, as amended; 21 U.S.C. 355(e)) and dele­ Division of Realtor Licensing. 1967, in the Commission’s offices in gated by him to the Commissioner (21 Washington, D.C. [F.R. Doc. 67-2534; Filed, Mar. 7, 1967; CFR 2.120), finds that new evidence not Released: March 2,1967. contained in said application and not 8:45 a.m.] available when the application was ap­ F ederal C ommunications proved shows that such drug is not C o m m is s io n , shown to be safe for use under the con­ [ s e a l ] B e n F. W a p l e , ditions of use upon the basis of which CIVIL AERONAUTICS BOARD Secretary. the application was approved. Specifi­ [Docket No. 17727] [F.R. Doc. 67-2579; Filed, Mar. 7, 1967; cally, residues of oxytetracycline and W.A.A.C. (NIGERIA) LTD. 8:49 a.m.] neomycin are present in milk intended for food when the drug is administered Notice of Postponement of Hearing to animals as directed in its labeling. [Docket Nos. 17070-17072; FCC 67M-350] Notice is hereby given, pursuant to the Therefore, on the basis of the fore­ KLRA, INC., ET AL. going finding of fact and at the request provisions of the Federal Aviation Act of the applicant, the approval of new- of 1958, as amended, that hearing in the Postponement of Procedural Dates; drug application No. 11-997 applying to above-entitled proceeding now assigned Order to be held March 15, 1967, is postponed Mastalone is withdrawn, effective on the In re applications of KLRA, Inc., Little date of signature of this document. to April 14, 1967, at 10 a.m., e.s.t., in Room 911, Universal Building, Connecti­ Rock, Ark., Docket No. 17070, File No. Dated: March 3,1967. cut and Florida Avenues NW., Washing­ BPH-4707; KAAY, Inc., Little Rock, Ark., Docket No. 17071, File No. BPH-5250; J. K . K ir k , ton, D.C., before the undersigned. The Valley Corp., Little Rock, Ark., Associate Commissioner Dated at Washington, D.C., March 1, 1967. Docket No. 17072, File No. BPH-5403; for for Compliance. construction permits. [F.R. Doc. 67-2568; Filed, Mar. 7, 1967; [ s e a l ] J o s e ph L. F it z m a u r ic e , The Hearing Examiner having under 8:48 ajn .] Hearing Examiner. consideration a “Request for Postpone­ [F.R. Doc. 67-2557; Filed, Mar. 7, 1967; ment of Procedural Dates”, in view of 8:47 a.m.] matters being conducted among counsel for the parties concerning the resolution ATOMIC ENERGY COMMISSION of this proceeding, filed on behalf of [Docket Nos. 50-277, 50-278] KLRA, Inc., on March 1, 1967, request­ PHILADELPHIA ELECTRIC CO. FEDERAL COMMUNICATIONS ing at least a 30-day postponement in all previously scheduled procedural dates, Notice of Receipt of Application for COMMISSION with the specification of a new hearing Construction Permits and Facility date being held in abeyance; Licenses [Docket Nos. 15469,15470; FCC 67M-342] It appearing, that counsel for the ADVANCED ELECTRONICS AND IN­ other parties have informally indicated Philadelphia Electric Co., 1000 Chest­ they do not object to the immediate con­ nut Street, Philadelphia, Pa., 19105, pur­ DUSTRIAL COMMUNICATIONS sideration and grant of the subject re­ suant to section 104(b) of the Atomic SYSTEMS, INC. quest, and that “ good cause” is shown Energy Act of 1954, as amended, has Order Rescheduling Hearing for granting the same since it offers filed an application, dated February 6, prospect of an early resolution of the 1967, for authorization to construct and In re applications »of R. L. Mohr, doing proceeding; operate two single cycle, forced circula­ business as Advanced Electronics, Docket Accordingly, it is ordered, This 2d day tion, boiling water nuclear reactors to No. 15469, File No. 214-C2-P-63; for a of March 1967, that the “Request for be located at its Peach Bottom Atomic construction permit in the domestic pub­ Postponement of Procedural Dates” filed Power Station. The applicant is pres­ lic land mobile radio service at Palos March 1, 1967, on behalf of KLRA, Inc., ently licensed to operate a high tem­ Verdes, Calif.; Industrial Communica­ is granted; and that the heretofore perature, gas-cooled nuclear reactor at tions Systems, Inc., Docket No. 15470, scheduled dates of March 3, for prelimi­ this location which is approximately 38 File No. 1050-C2-P-63; for a construc­ nary exchange of engineering exhibits, miles north-northeast of Baltimore, tion permit for station KMD990 in the March 17, for final exchange of all ex­ Md., and about 63 miles west-southwest domestic public land mobile radio serv­ hibits, and March 29, 1967, for notifica­ of the city of Philadelphia in Peach Bot­ ice at Lo§ Angeles, Calif. tions re witnesses are postponed to April tom Township, York County, Pa. The Hearing Examiner having under 3, April 17, and April 28, 1967, respec-' The proposed reactors, designated by consideration a “ Motion for Continu­ tively. the applicant as Peach Bottom Atomic ance of Procedural Dates” filed Febru­ It is further ordered, That the hereto­ Power Station Units No. 2 and No. 3, ary 24, 1967 by counsel for R. L. Mohr, fore scheduled hearing date of April 11,

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3845 In this context, after considering each 1967, is postponed to a later date to be American Communications Association: American Newspaper Publishers Associ­ of the modifications suggested, it is our fixed by further order of the Hearing Ex­ view that, with certain exceptions here­ aminer in light of future developments. ation; American Petroleum Institute (Central Committee on Communications inafter noted, the items of inquiry listed Released: March 2,1967. Facilities) ; American Telephone and in paragraph 25 are sufficiently broad Telegraph Co.; Applied Data Process­ and encompassing to accommodate sub­ F ederal C ommunications missions by respondents treating those C o m m is s io n , ing, Inc.; Association of American Rail­ roads; Association of Data Processing areas which are the subject of their [ s e a l ] B e n F . W a p l e , suggestions. We believe that the fol­ Secretary. Service Organizations, Inc.; Bunker- Ramo Corp.; Business Equipment Man­ lowing summary of the more significant [F.R. Doc. 67-2580; Filed, Mar. 7, 1967; ufacturers Association; C-E-I-R, Inc.; and relevant suggestions that have been 8:49 a.m.] Collins Radio Co.; Computer Research filed, together with our brief observa­ Corp.; Computing and Software, Inc.; tions thereon, will assist participants in [Docket Nos. 17088,17089; FCC 67M—348] Department of Justice of the United formulating their submissions. States; Dial Data Inc.; East & Watts; 5. The Western Union Telegraph Co. GULF SOUTH BROADCASTERS AND General Electric Co.; General Services urged that Item A, which asks for a de­ BAYOU BROADCASTING CO. Administration of the United States; scription of the uses that are being made currently and the uses that are antici­ Order Continuing Hearing Honeywell Inc.; Informatics Inc.; Inter­ national Business Machines Corp.; IT T pated in the next decade of computers In re applications of Joseph M. Cos­ Data Services; IT T World Communi­ and communications channels and facili­ tello III, trading as Gulf South Broad­ cations Inc.; John Wiley & Sons, Inc.; ties, should expressly include remote ter­ casters, New Orleans, La., Docket No. McDonnell Automation Center; Metro­ minal and channel derivation equipment. 17088, File No. BPH-5276; Bayou Broad­ media, Inc.; Microwave Communica­ The telegraph company suggested that casting Co., New Orleans, La., pocket No. tions, Inc.; Milwaukee Railroad; Item C, which inquires into the circum­ 17089, File No. BPH-5443; for construc­ National Association of Educational stances under which computer services tion permits. Broadcasters; National Association of should be deemed subject to regulation, Pending action on applicants’ joint re­ Manufacturers; National Committee for should include the concept of any “ com­ quest for approval of agreement and mo­ Utilities Radio; Randolph Computer bination of services.” It also suggested tion for dismissal of application, the Corp.; Republic Systems and Program­ consideration of the question as to hearing is rescheduled from March 7, ming; Rixon Electronics, Inc.; Robo- whether, if any of these services or com­ May 8,1967. sonics, Inc.; Towson Laboratories, Inc.; bination of services are offered by both Union Pacific Railroad Co.; Unitab Co.; regulated and nonregulated companies, Dated: March 2,1967. VIP Systems; Western Union Telegraph there are any considerations, legal or Released: March2,1967. Co.; and Xerox Corp. otherwise, requiring the regulation of some, but not all, of the companies. The F ederal C ommunications 2. Four types of responses were re­ ceived. The largest number expressed telegraph company also proposed that C o m m is s io n , the view that the items of inquiry.speci- Item p, which asks the question whether [ s e a l ] B e n F . W a p le , regulation or competition will best serve Secretary. fied in our notice are sufficiently rele­ vant and comprehensive as to require the policies and objectives of the Com­ [F.R. Doc. 67-2581; Filed, Mar. 7, 1967 no modification or additions in order to munications Act, should be expanded to 8:49 a.m.] accomplish the objectives of the inquiry. encompass a combination of regulation Certain of the respondents addressed and competition. In our view, the items [Docket No. 16979; FCO 67-239] themselves to the merits of the questions of inquiry set forth in our notice of in­ posed by the notice and advanced posi­ quiry of November 10, 1966» may be INTERDEPENDENCE OF COMPUTER tions and recommendations with respect properly construed to permit all parties AND COMMUNICATION SERVICES thereto. The comments of these re­ to address themselves to each of the AND FACILITIES spondents are, of course, premature foregoing matters. since the notice did not seek such sub­ 6. The other suggestions of Western Supplemental Notice of Inquiry stantive submissions at this time*. How­ Union are designed to “ make more spe­ ever, those persons who replied in this cific the areas in which information In the matter of regulatory and policy manner are assured that their comments ought to be obtained.” As previously problems presented by the interdepend­ will be considered after all substantive indicated, the inquiry was designed to be ence of computer and communication submissions are received on or before broad enough in nature to allow inter­ services and facilities, Docket No. 16979. the date to be hereafter specified by this ested persons maximum latitude in re­ 1. On November 10, 1966, the Com­ supplemental notice. They should also sponding with any specific data or mission issued the above-captioned no­ feel free to expand upon their comments views which they believe are relevant to tice of inquiry with respect to the regu­ at that time. this inquiry and will aid the Commission latory and policy questions which are 3. Other persons responded with com­ in resolving the questions raised herein. being raised by the growing inter­ Thus, with respect to Item B, which asks dependence of computer services and ments which seek modification or inter­ pretation of the items of inquiry listed for a description of the basis for and technology and communications facili­ structure of charges to customers for the ties and services of common carriers. in paragraph 25 of our notice of Novem­ ber 10, 1966. Also, suggestions were ad­ services listed in Item A, Western Union The notice specified the questions in­ suggests an amendment which would in­ volved, concerning which the Cômmis- vanced as to the procedures that the Commission should prescribe with re­ vite disclosure of the terms and condi­ sion desires to obtain information, views, tions of sale, lease or other arrangements and recommendations from all inter­ spect to the substantive submissions contemplated by our notice. with customers involving computers or ested persons. However, before fixing computer systems. Item B was designed a date for the filing of Such submissions 4. We will deal first with those com­ ments suggesting modifications or inter­ to elicit such information and should be and because of the complex nature of so construed. this matter, we invited interested per­ pretation of the items of inquiry listed in paragraph 25. At the outset, we wish 7. The International Business Ma­ sons to make suggestions, by Decem­ chines Corp. interpreted Item A “ as limi­ ber 12, 1966, for additions to or modifi­ to stress that it is our purpose to accord the widest possible latitude to all partic­ ted to data processing applications re­ cations or clarifications of the items of quiring communications channels and inquiry specified in the notice. As ipants to make whatever submissions are relevant and material to a resolution of facilities.” It interpreted Item B “as not stated in the notice, after consideration intended to elicit from the computer in­ of any such suggestions, we would then the basic regulatory and policy ques­ tions identified in our notice of Novem­ dustry information concerning the basis issue a supplemental notice and fix a for and structure of charges for com­ date by which written responses are to ber 10, as having been raised by the growing convergence of computer and puters for data processing services gen­ be filed in this proceeding. The follow­ erally, but only to elicit information con- ing have responded to the initial notice: communication services and technology.

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45- 3846 NOTICES

cerning the methods of handling com­ small microwave common carrier com­ should a right-of-way company or enterprise munication costs in connection with the panies capable of providing high quality, whose rates and services are regulated by a charges for communication channels and flexible, and individualized microwave governmental authority or body be specifi­ facilities required for data processing ap­ communications services to computer cally authorized and permitted to utilize its plications.” These interpretations are users and to businesses having a multi­ own owned and/or leased communication much too restrictive. The purpose of plicity of communications needs.” We facilities in connection with the furnishing this inquiry is to elicit full information of a computer or other data processing serv­ view Item H as broad enough to include ice to other entities included within these essential to an understanding of the eco­ this issue. classifications. nomic, operational and other aspects of 11. The National Association of the use of computers in conjunction with Manufacturers suggest “ that in proceed­ The items which the Union Pacific wishes communication channels and services. ing with your intention of delving into to amend are sufficiently broad in scope It appears to us that such an under­ the questions of ‘protection of privacy to permit treatment of the specific con­ standing cannot be achieved by focus­ and the proprietary nature of data’ that cerns reflected in these suggestions. ing upon the latter to the exclusion of you also give substantial attention to the 14. We turn now to the suggestions the former. We are not here concerned control capabilities these machines will which have been made regarding the with the charges made by the computer have in the hands of Government and procedures that should be prescribed for industry for the sale or lease of com­ others who might direct their arbitrary this inquiry. The American Telephone puter equipment per se. We are, how­ uses.” Item J is designed to elicit in­ and Telegraph Co., later joined by West­ ever, concerned with ascertaining the formation on the protection of the pri­ ern Union, suggests that the proceed­ structure of any and all charges related vacy and proprietary nature of data ing be divided into two phases. The first to the furnishing of the computer serv­ stored in computers and transmitted phase would encompass Items A and B ices which are the subject of this inquiry, over communications facilities. This of the notice of November 10,1966, which including all components of such charges issue seeks information on the means items are characterized by those com­ and the basis therefor. Accordingly, now being used or under consideration, panies as dealing with factual matters, responses herein should include full and the effectiveness of such measures in and the second phase would encompass information concerning the charges insuring that only authorized persons Items C through J, which are character­ made in connection with existing and an­ have access to data. The proposed modi­ ized as dealing with policy matters. It ticipated uses of both computers and fication would appear to broaden this is urged that this arrangement will en­ communication channels and facilities issue to include comments on possible able the parties, in treating the policy for the purpose contemplated by Item A. limitations which should be placed on matters, to more logically address the 8. The American Communications As­ the uses which may be made of the in­ factual situations which evolve from the sociation suggested that the inquiry be formation by those persons who properly responses to Items A and B. Although expanded to include the “ effect of any have access thereto. We do not believe the responses called for by Items A and regulatory or policy decision dealing that this problem is appropriate for in­ B involve mainly factual matters, it with this matter on the viability of the clusion within the scope of the inquiry. would appear that a number of the re­ carriers.” This question is compre­ We note, however, that it has been the maining items involve a mix of both hended in Issues D and E. Whenever the subject of Congressional hearings. A policy and fact. Thus, it may well prove Commission considers the policies and report of these hearings was published impractical to separate the factual and objectives of the Communications Act, under the title The Computer and In­ policy questions involved herein in view the viability of communication common vasion of Privacy, Hearings before a of the apparent interrelationship of those carriers is of direct relevance. ACA Subcommittee of the Committee on Gov­ questions and the need for their con­ further suggests an expansion to include ernment Operations, House of Repre­ temporaneous consideration and develop­ “possible effects on employment in the sentatives, 89th Congress. ment in responding to many aspects of industry, both present and potential.” 12. Rixon Electronics, Inc. suggested this inquiry. Accordingly, we do not feel The inquiry is broad in nature and, that Item H be amended to include con­ that the proposed phasing of this inquiry while we did not include a specific issue sideration of (a) the economic suitability will be conducive to its orderly and ex­ on employment in the industry, those of present tariff offerings in regard to peditious conduct. persons who wish to submit information available bandwidth of channels condi­ 15. The United States Department of on this point may do so. At such time as tioned for data transmission, and (b) the Justice has suggested that participants comments thereon are received, and in extent to which present-day tariffs de­ in this inquiry be permitted to submit light of those comments, we will give scribe the technical characteristics of to the Commission requests for informa­ further consideration as to whether ad­ the communications channel and the tion. The Commission would then for­ ditional information is needed to treat desirability and practicality of expand­ ward such requests to the appropriate any specific questions that may be ing these descriptions to describe the entity who would be required to supply raised. channel more fully. answers thereto to be served on all 9. The Association of Data Processing Item H, as formulated in our notice participants. Thereafter, the partici­ Service Organizations, Inc. recom­ of November 10, 1966, embraces these pants would submit the views, rec­ mended enlargement of the inquiry to matters. v ommendations, and conclusions called consider “ whether common carriers, or 13. The Union Pacific Railroad Co. ad­ for by the inquiry. It is our view other governmental granted and regu­ dressed its response to Item C, which that adoption of these procedures may lated monopolies, should be permitted to inquires into the circumstances, if any, operate to complicate and delay the engage in the business of marketing elec­ under which computer services should be conduct of this inquiry. We are par­ tronic data processing services at all, deemed subject to regulation, and Item ticularly concerned that implementa­ whether regulated or not.” No specific D, which poses the question, assuming tion of such procedures would involve item was included to obtain expressions that such services are subject to regula­ the Commission and the participants of opinion on this question. However, tion under the Communications Act, in a plethora of pleadings and coun- we welcome comments from any persons whether the policies and objectives of the terpleadings related to each request who may wish to address themselves Act will be served better by such regula­ for information. While it is our objec­ thereto. After study of the comments tion or by such services evolving in a free tive through this inquiry to amass all received, we will determine what further and competitive market. The railroad relevant and substantial information, action, if any, is required in light of company suggested additions to the two views, and recommendations concerning such comments. Items as follows: the questions being examined, there is 10. Microwave Communications, Inc. C(4) When furnished by right-of-way no reason to believe, at this time, that suggested the Commission consider companies and enterprises whose rates and the procedures suggested by the Depart­ “ whether the present and anticipated services are regulated by a governmental au­ ment are required to achieve that objec­ communications requirements of com­ thority or body to other entities included tive. In this connection, it is to be noted within those classifications; and that thus far about 40 corporate entities puter users may be best served by allow­ D (l) Assuming that it is subject to regu­ ing the entry into this evolving field of and associations, representing the differ­ lation under the Communications Act, ent segments of the computer industry

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3847 NOTICES

Commission’s rules (47 CFR 1.49, 1.419), (IT U ) as the formal proposals of the have indicated intentions to participate United States with respect to certain fully in this inquiry. It is expected that which require, inter alia, submission of an original and 14 copies. items to be considered at the WARC. these and other persons will be forth­ The Commission has been informed by coming with the information required to Adopted: March 1, 1967. the Department of State that it concurs resolve the various questions in issue. If, Released: March 2,1967. in the joint recommendation and will after receipt of their submissions, it ap­ transmit the proposals to the ITU. pears that additional information is re­ F édéral C ommunications 5. It is anticipated that additional quired, the Commission will be prepared C o m m is s io n ,1 proposals will be made on items not to take such measures as are appropriate [SEAL] B e n F . W a p l e , treated in the attached document as our to elicit such additional information, in­ Sepretary. preparatory work progresses. However, cluding the conduct of open hearings for [F.R.- Doc. 67-2582; Filed, Max. 7, 1967; in some instances those proposals must the receipt of testimony as has been sug­ 8:49 a.m.] await the results of tests not yet com­ gested by Western Union. pleted or the decisions of international 16. The suggestion was also made that meetings not yet convened. In the a list be established and maintained of [Docket No. 16440; FCC 67—230] meantime, it is important that the items all persons participating in this inquiry WORLD ADMINISTRATIVE CONFER­ on which work has been completed and that all such persons be required to ENCE OF INTERNATIONAL TELE­ reach the ITU as soon as possible so that serve copies of all documents filed upon the necessary translations and distribu­ each party appearing on the list. The COMMUNICATIONS UNION tion to other administrations can be Commission will, for the convenience and Fourth Notice of Inquiry made well in advance of the WARC. It information of all interested persons, is expected that such additional pro­ maintain and publish a list of all partici­ In the matter of preparation for a posals will be made the subject of further pants who will have filed responses to world administrative conference of the notices in this proceeding. our notice of inquiry. However, in view International Telecommunication Union 6. Interested parties are invited to file of the large number and volume of filings to consider amendment of the Interna­ with the Commission their views relative that are likely to be involved, we believe tional Radio Regulations presently ap­ to the attached proposals. Authority that it will work an undue hardship on plicable to the maritime mobile radio for the further Inquiry instituted herein participants herein to require service of service and new provisions for the radio is contained in section 403 of the Com­ documents on all other participants. requirements of the Service of Ocean­ munications Act of 1934, as amended. This may inhibit participation by indi­ ography, Docket No. 16440. Comments in response to this Inquiry, viduals and small firms which constitute 1. On September 28, 1966, the Com­ pursuant to § 1.415 of the Commission s a vitally interested segment of the com­ mission adopted its third notice of in­ rules, should be submitted on or before puter industry and whose responses will quiry in this docket, attaching thereto April 3, 1967, and reply comments on or contribute materially to the record we are a document setting forth the prelimi­ before April 18, 1967. In accordance seeking to develop in this inquiry. We nary- .views of the United States to the with the provisions of § 1.419 of the would urge, Jhowever, that each partici­ World Administrative Radio Conference Commission’s rules, an original and 14 pant, as a matter of courtesy, honor indi­ (WARC) to deal with matters relating copies of all statements or comments vidual requests they may receive for to the maritime mobile service, sched­ shall be furnished to the Commission. copies of their documents from other uled to convene in Geneva, Switzerland, In reaching its decision in this proceed­ parties on September 18, 1967. Comments were ing, the Commission also may take into 17. Finally, Xerox Corp. requests thatfiled by the Radio Technical Commis­ account other relevant information be­ all interested Government agencies and sion for Marine Services (R T C M ), Col­ fore it, in addition to the specific com­ departments, which also have a regula­ lins Radio Co. and Mr. William N. Krebs. ments invited by this Notice. tory concern with respect to the use of No reply comments were filed with the Adopted: February 23,1967. computers by entities subject to their Commission. _ regulatory jurisdiction, be notified by the 2. Additionally, as noted in the third Released: March 2,1967. Commission of the impending inquiry, notice of inquiry, the preliminary views and that the Commission furnish copies F ederal C ommunications were given wide distribution abroad C o m m is s io n ,2 of all comments received by the Commis­ through the Department of State in sion to such agencies and departments, [ s e a l] B e n F. W a p l e , order to elicit the comments and pos­ Secretary. and invite their participation. We have sible preliminary views of other adminis­ been advised that the General Sepices [F.R. Doc. 67-2583; Filed, Mar. 7, 1967; trations. _ Administration will represent the inter­ 3. Comments filed by RTCM, Collins, 8:49 a.m.] ests of Government agencies as users of and Mr. Krebs pointed out certain errors the services involved. However, Gov­ of fact or omission and some areas in ernment agencies have been generally which clarification was desirable. These notified of the pendency of the inquiry factors as well as comments received FEDERAL MARITIME COMMISSION and those who have interests other than through correspondence and discussions [Docket No. 67—18] as users of computer services are invited with representatives of other adminis­ CITY OF LONG BEACH, CALIF., AND to make such comments as might be help­ trations have been taken into considera­ ful. We will, in any event, forward copies tion in the proposals attached hereto.11 EVANS PRODUCTS CO. of our notices in this ihquiry to the reg­ 4. The attached document has been Order of Investigation and Hearing ulatory agencies and departments in­ developed jointly by the Commission and volved. the Director of Telecommunications On August 23, 1966, the city of Long 18. Accordingly, all interested per­ Management (D T M ). It reflects gen­ Beach, Calif. (Long Beach), filed for ap­ sons are invited to submit written^ re­ erally the recommendations of non-Gov- proval pursuant to section 15 of the sponses to Items A through J contained ernment users and Executive Branch Shipping Act, 1916 (46 U.S.C. 814), in paragraph 25 of the notice of inquiry, agencies with respect to those items to Agreement No. T-1985, a marine terminal released November 10,1966, FCC 66—1004, be considered by the WARC on which lease, between Long Beach and Evans 31 F R . 14752, 14755, no later than U.S. preparatory work has been com­ Products Co. (Evans). Long Beach also October 2, 1967. : In reaching conclu­ pleted. The Commission and the DTM submitted Agreement No. T-1986, a sions in this matter, the Commission have recommended to the Department warehouse lease between Long Beach and may also take into account any other of State that this document be trans­ South Bay Warehouse Corp. (South relevant information brought to our at­ mitted to the Secretary General of the B ay), for determination as to whether it tention, in addition to the comments International Telecommunication Union is subject to section 15, and for approval invited by this notice. if it is found to be subject to section 15. 19. All filings in this proceeding should 1 Commissioner Wadsworth, absent. 1» Attachment filed as part of the original be submitted in accordance with the 2 Commissioner Wadsworth absent. provisions of §§ 1.49 and 1.419 of the document.

EcncB a I DCAiCTFB VOL. 32. NO. 45— WEDNESDAY, MARCH 8, 1967 3848 NOTICES Agreement No. T-1985 provides for the shall be mailed directly to all parties of Appendix A lease of terminal property by Long Beach record. to Evans to conduct a public wharfinger Mr. Guy L. Retournât, Secretary, Marseilles business at a rental based on tariff By the Commission. North Atlantic U.S.A. Freight Conference, 10, Place de la Joliette, Marseilles 2 charges which will conform as nearly as [ s e a l] T h o m a s L i s i , France. possible to Long Beach’s tariff rates, but Secretary. American Export Isbrandtsen Lines, Inc 26 limited to a minimum-maximum pay­ [F.R. Doc. 67—2551; Filed, Mar. 7, 1967; Broadway, New York, N.Y. 10004. ment. Agreement No. T-1986 provides 8:46 a.m.] American President Lines, Ltd., 601 Califor­ for the lease of property by South Bay nia Street, San Francisco, Calif. 94108 to be used for the operation of a ware­ Concordia Line, Boise-Griffin Steamship Co., house. [Docket No. 67-17] Inc., General Agents, 90 Broad Street, New The Commission has received com­ York, N.Y. 10004. ments from the Port of Los Angeles and MARSEILLES NORTH ATLANTIC U.S.A. Constellation Line, Constellation Navigation Inc., General Agents, 85 Broad Street New the San Francisco Port Authority as to FREIGHT CONFERENCE York, N.Y. 10004. whether Agreement No. T-1986 is sub­ Order of Investigation and Hearing Fabre Line, Black Diamond Steamship Co., ject to section 15 of the Shipping Act, General Agents, 2 Broadway, New York 1916, and protests against approval of The member lines of the Marseilles N.Y. 10004. Agreements No. T-1985 and T-1986. North Atlantic U.S.A. Freight Confer­ Fassio Line, Norton, Lilly & Co., Inc., General Agents, 26 Beaver Street, New York N Y Protestants urge that Agreement No. T - ence have filed with the Commission for 10004. ’ ' ' approval, pursuant to section 15 of the 1986 is subject to the provisions of sec­ Fresco Line, F. W. Hartmann & Co., Inc., tion 15 and that the agreements should Shipping Act, 1916, an agreement, which General Agents, 21 West Street, New York not be approved because inter alia, (1) has been assigned Federal Maritime N.Y. 10006. they are unjustly discriminatory between Commission No. 5660-7, to amend the Hansa Line, F. W. Hartmann & Co., General carriers, shippers, and ports, and (2) basic agreement to establish an admis­ Agents, 21 West Street, New York, N Y they constitute an unjust and unreason­ sion fee of $10,000. 10006. - able practice relating to the handling and It appearing that Agreement 5660-7 Zim Israel Navigation Ço., Ltd., Mediter­ storage of property. may establish an unreasonable and un­ ranean Agencies, Inc., General Agents 42 Now, therefore, it is ordered, That the equal term or condition for admission Broadway, New York, N.Y. 10004. Commission, on its own motion, enter and readmission to Conference member­ [F.R. Doc. 67-2552; Filed, Mar. 7, 1967; upon an investigation and hearing pur­ ship of other qualified carriers in the 8:46 a.m.J: suant to sections 15 and 22 of the Ship­ trade, or may be detrimental to the ping Act, 1916, to determine (1) wheth­ commerce of the United States or other­ er Agreement No. T-1986 is between wise in contravention of the statutory MATSON NAVIGATION CO. AND parties subject to the Shipping Act; (2) requirements of section 15 of the Ship­ ENCINAL TERMINALS whether Agreement No. T-1986, if be­ ping Act, 1916, and in order to develop tween parties subject to said Act, is sub­ a record upon which the Commission Notice of Agreement Filed for ject to the provisions of section 15; and may determine whether to approve, dis­ Approval (3) whether Agreements No. T-1985 and approve, or modify Agreement 5660-7; T-1986, if the latter is subject to the pro­ I t is ordered, That, pursuant to sec­ Notice is hereby given that the follow­ visions of section 15, should be approved, tions 15 and 22 of the Shipping Act, ing agreement has been filed with the disapproved, or modified under the 1916, an investigation be, and is hereby, Commission for approval pursuant to sec­ standards of section 15 of said Act; instituted to determine whether Agree­ tion 15 of the Shipping Act, 1916, as ment 5660-7 should be approved, dis­ amended (39 Stat. 733, 75 Stat. 763, 46 It is further ordered, That the city of U.S.C. 814). Long Beach, Evans Products Co., and approved or modified. South Bay Warehouse Corp., are hereby I t is further ordered, That the Mar­ Interested parties may inspect and ob­ made respondents in this proceeding; seilles North Atlantic U.S.A. Freight tain a copy of the agreement at the and the port of Los Angeles and the San Conference and the member lines Washington office of the Federal Mari­ Francisco Port Authority are hereby de­ thereof, as listed in Appendix A hereto, time Commission, 1321 H Street NW., signated as petitioners; and are hereby made respondents in this Room 609; or may inspect agreements at proceeding; and the offices of the District Managers, New It is further ordered, That the proceed­ I t is further ordered, That this matter York, N.Y., New Orleans, La., and San ing herein ordered be assigned for hear­ be assigned for public hearing before an Francisco, Calif. Comments with refer­ ing before an examiner of the Commis­ examiner of the Commission’s Office of ence to an agreement including a request sion’s Office of Hearing Examiners at a Hearing Examiners and that the hear­ for hearing, if desired, may be submitted date and place to be hereafter deter­ ing be held at a date and place to be to the Secretary, Federal Maritime Com­ determined and announced by the pre­ mission, Washington, D.C. 20573, within mined and announced by the Chief siding examiner; and 20 days after publication of this notice Examiner; and It is further ordered, That notice of in the F ederal R eg iste r , a copy of any I t is further ordered, That notice of this order be published in the F ederal such statement should also be forwarded this order and notice of hearing be pub­ R egister and that a copy thereof and to the party filing the agreement (as in­ lished in the F ederal R eg ist e r , and copy notice of hearing be served upon re­ dicated hereinafter), and the comments of such order and notice of hearing be spondents; and should indicate that this has been done. I t is further ordered, That any person Notice of agreement filed for approval served upon respondents and petitioners; by: and other than respondents, who desires to become a party to this proceeding and Mr. David F. Anderson, Staff Attorney, Mat- I t is further ordered, That persons participate therein, shall file a petition son Navigation Co., 215 Market Street, San other than respondents, petitioners, and to intervene with the Secretary, Fed­ Francisco, Calif. 94105. Hearing Counsel who desire to become eral Maritime Commission, Washington, Agreement No. T-27-5 between Mat- parties in this proceeding and to par­ D.C. 20573, on or before March 22, 196?! son Navigation Co. (Matson) and En­ ticipate therein shall file a petition to in­ with a copy to respondents. cinal Terminals (Encinal) is a modifica­ tervene with the Secretary, Federal Mar­ And it is further ordered, That all tion of the basic lease between the parties future notices issued by or on behalf of itime Commission, Washington, D.C. which provides for the lease of certain the Commission in this proceeding, in­ property adjacent to Encinal’s Berth 5 at 20573, on or before March 22, 1967, with cluding notice of time and place of hear­ Alameda, Calif, to be used exclusively copy to respondents; and ing or prehearing conference, shall be by Matson as a marshalling yard for the It is further ordered, That all future mailed directly to all parties of record. handling of containers, automobiles and notices issued by or on behalf of the By the Commission. trucks. The purpose of the modification Commission in this proceeding, includ­ is to terminate in its entirety Agreement [ s e a l ] T h o m a s L i s i , ing notice of time and place of hearing No. T-27, promptly, but in no event later Secretary. than 120 days after loading or discharg- FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 196 3849 NOTICES other officials of the Department are ins a Matson container vessel with shore- STATES MARINE LINES, INC., AND superseded to the extent they are incon­ based cranes at Oakland, Calif.’s new CHINA NAVIGATION CO. sistent herewith. container facility. Notice of Agreement Filed for 3. Background. Section 3(b) of the Dated: March 2,1967. Approval Federal Claims Collection Act of 1966, 80 Stat. 309, provides that the head of By order of the Federal Maritime Notice is hereby given that the fol­ an agency or his designee may com­ Commission. lowing agreement has been filed with the promise claims and suspend or terminate T h o m a s L i s i , Commission for approval pursuant to collection action on claims which do not Secretary. section 15 of the Shipping Act, 1916, as exceed $20,000 exclusive of interest prior IF.R. Doc. 67-2553; Filed, Mar. 7, 1967; amended (39 Stat. 733, 75 Stat. 763, 46 to the referral of such claims to the Gen­ 8:46 a.m.] U.S.C. 814). eral Accounting Office or to the Depart­ Interested parties may inspect and ment of Justice for litigation. Only the obtain a copy of the agreement at the Comptroller General or his designee may JAPAN-ATLANTIC & GULF FREIGHT Washington office of the Federal Mari­ effect the compromise of a claim that CONFERENCE time Commission, 1321 H Street NW., arises out of an exception made by the Room 609; or may inspect agreements at General Accounting Office in the ac­ Notice of Agreement Filed for the office of the District Managers, New count of an accountable officer. Approval York, N.Y., New Orleans, La., and San 4. Delegation, a.. To facilitate exer­ Francisco, Calif. Comments with refer­ cising the functions involved in carrying Notice is hereby given that the follow­ ence to an agreement including a request out the compromise of claims and sus­ ing agreement has been filed with the for hearing, if desired, may be submitted pension or termination of collection Commission for approval pursuant to to the Secretary, Federal Maritime Com­ action, the Assistant Secretary for Ad­ section 15 of the Shipping Act, 1916, mission, Washington, D.C. 20573, within ministration is delegated authority for as amended (39 Stat. 733, 75 Stat. 763, 20 days after publication of this notice developing the requisite procedures and 46 U.S.C. 814). in the F ederal R eg ist e r . A copy of any for administering these functions as pro­ Interested parties may inspect and ob­ such statement should also be forwarded vided in the cited legislation. This in­ tain a copy of the agreement at the to the party filing the agreement (as in­ cludes authority to compromise claims Washington office of the Federal Mari­ dicated hereinafter) and the comments and to suspend or terminate collection time Commission, 1321 H Street NW., should indicate that this has been done. action on claims. Room 609; or may inspect agreements at Notice of agreement filed for approval b. The Assistant Secretary for Admin­ the office of the District Managers, New by: istration will consult the Solicitor for York N.Y., New Orleans, La., and San J. D. Kenny, Counsel, States Marine Lines, legal advice in the performance of his Francisco, Calif. Comments with refer­ Inc., 90 Broad Street, New York, N.Y. functions under the Federal Claims Col­ ence to an agreement including a request 10004. lection Act of 1966. for hearing, if desired, may be submitted Agreement 9622, between States Ma­ 5. Effective date. This order is effec­ to the Secretary, Federal Maritime Com­ rine Lines, Inc. (S M L ), and China Navi­ mission, Washington, D.C. 20573, within tive immediately. gation Co. (CN C), covers, and is re­ 20 days after publication of this notice stricted to the transportation of tobacco Signed at Washington, D.C., this 2d in the F ederal R eg ister . A copy of any under through bills of lading from Nor­ day of March 1967. such statement should also be forwarded folk, Va., Charleston, S.C., and New to the party filing the agreement (as W . W illard W ir t z , Orleans, La., served by SML to Port Secretary of Labor. indicated hereinafter) and the comments Moresby, New Guinea, served by CNC, should indicate that this has been done. with transshipment at a port or ports [F.R. Doc. 67-2541; Filed, Max. 7, 1967; Notice of agreement filed for approval in Japan, under terms and conditions as 8:45 a.m.] by: set forth in the agreement. Mr. C. A. Cole, Jr., Chairman, Japan-Atlantic & Gulf Freight Conference, Kindai Build­ Dated: March 2, 1967. Wage and Hour Division ing, 11, 3-Chome, Kyobashi, Chuo-Ku, CERTIFICATES AUTH O RIZIN G EM­ Tokyo, Japan. By order of the Federal Maritime Commission. PLOYMENT OF LEARNERS AT Agreement 3103-32, between the mem­ T h o m a s L i s i , SPECIAL MINIMUM RATES ber lines of the Japan-Atlantic & Gulf Secretary. Freight Conference (JAG FC), amends Notice is hereby given that pursuant to Article 4 entitled “Non-Conference Rep- [F.r , Doc. 67-2555; Filed, Mar. 7, 1967; section 14 of the Fair Labor Standards reservation,” of the basic agreement of 8:46 a.m.] Act of 1938 (52 Stat. 1060, as amended, the Conference Agreement 3103. The 29 U.S.C. 201 et seq.), and Administra­ purpose of this amendment is to remove tive Order No. 595 (31 F.R. 12981) the any restrictions on agency representa­ firms listed in this notice have been is­ tion of “carriers in trades within the DEPARTMENT OF LABOR sued special certificates authorizing the scope of the Agreement if they operate as Office of the Secretary employment of learners at hourly wage local carriers from Korea and Okinawa rates lower than the minimum wage rates to Japan and do not have sailings to [Secretary’s Order No. 1-67] otherwise applicable under section 6 of U.S. ports of discharge. In effect, a car­ the act. For each certificate, the ef­ ASSISTANT SECRETARY FOR fective and expiration dates, number or rier, operating from Korea or Okinawa ADMINISTRATION proportion of learners and the prin­ to Japan, may be represented by an cipal product manufactured by the es­ agent of a JAGFC line without the line Delegation of Authority for Compro­ tablishment are as indicated. Conditions becoming liable for “loss or damage ’ to mise of Claims and for Suspending on occupations, wage rates, and learn­ other member lines, as set forth in or Terminating Collection Action ing periods, which are provided in cer­ tificates issued under the supplemental Article 4. 1. Purpose. To delegate authority to industry regulations cited in the captions Dated; March 2, 1967. compromise claims and to suspend or terminate collection action. below are as established in those regula­ By order of the Federal Maritime 2. Authority and directives affected. tions; such conditions in certificates not Commission. a. This order is issued pursuant to the issued under the supplemental indus­ T h o m a s L i s i , authority contained in the Federal try regulations are as indicated. Secretary. Claims Collection Act of 1966. Apparel Industry Learner Regulations b. All other orders, instructions and (29 CFR 522.1 to 522.9, as amended, and [F.R. Doc. 67-2554; Filed, Mar. 7, 1967; 29 CFR 522.20 to 522.25, as amended). 8:46 a.m.] memoranda by the Secretary of Labor or

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3850 NOTICES

The following normal labor turnover Edric Manufacturing Corp., Columbia, Marcus Manufacturing Co, Inc, Nowata certificates authorize 10 percent of the Tenn.; 12-30-66 to 12-29-67 (men’s shirts). Okla.; 12-22-66 to 12-21-67; 10 learners total number of factory production Eileen-Hope, Inc., Duncannon, Pa.; 12-22- (men’s slacks). workers except as otherwise indicated. 66 to 12—21—67; 10 learners (women’s dresses). Mill Apparel Co, In c, Millville, Pa.; 2-1-67 Eileen-Hope, Inc., Halifax, Pa.; 12-22-66 to 1—31—68 (women’s dresses). Acme Garment Co., Wentzville, Mo.; 1-4-67 to 12-21-67; 10 learners (women’s dresses). Mode O’Day Co, No. 6, Ottawa, Kans ; to 1-3-68 (women’s jamaicas, surfers, capris, Elder Manufacturing Co., McLeansboro, berm udas). 1-1-67 to 12-31-67; 10 learners (ladies’ HlJ 2—7—67 to 2-6-68 (m en’s and boys’ shirts). dresses). Alabama Textile Products Corp., Brentley, Elloree Garment Corp., Elloree, S.C.; 1-18- Mount Airy Pants Factory, Mount Airy Ala.; 1-1-67 to 12-31—67 (m en’s work shirts, 67 to 1-17-68 (ladies’ pajamas and night­ work jackets). Md.; 1-29-67 to 1-28-68; 10 learners (men’s gowns) . work pants). AUen Garment Co., Nashville, Tenn.; 1-12- Elpern Manufacturing Co., Inc., Hagers­ Poliak Bros, Inc, Fort Wayne, Ind.; 1- 13- 67 to 1-11-68 (men’s and boys’ sport shirts). town, Md.; 1—5—67 to 1-4 -68; 10 learners 67 to 1—12—68 (ladies’ dresses). Angelica Uniform Co., No. 1, Mountain (children’s dresses). Powellville Pants Factory, Powellville, Md.; View, Mo.; H —67 to 12—31—67 (men’s wash­ Emporia Garment Co., Inc., Emporia, Va.; able service garm ents). 1-27-67 to 1-26-68; 10 learners (men’s work 12—30—66 to 12—29—67; 10 learners (children’s pants). The Arrow Co., Huntingdon, Pa.; 1-20-67 dresses). Prairie Manufacturing Co, East Prairie, to 1-19-68 (men’s sports shirts). Enterprise Manufacturing Co., Enterprise, Bali Bra Manufacturing Co., Inc., Johns­ Mo.; 1-30—67 to 1—29—68 (men’s and boys’ Ala.; 1-1-67 to 12—31—67 (men’s shirts). pants). town, Pa.; 2-4-67 to 2-3-68 (brassieres). The Enro Shirt Co., Inc., Madisonville, Ky.; Berwick Shirt Co., Berwick, Pa.; 1-30-67 Primo Pants Co, Versailles, Mo.; 2-1-67 to 2—1—67 to 1-31-68 (sport shirts). 1-31-68 (men’s pants). to 1-29-68 (men’s sport shirts). Evergreen Textiles, Inc., Evergreen, Ala.; Princess Kent, Inc, Fort Kent, Maine; Big-Dad Manufacturing Co., Inc., Starke, 12—29—66 to 12-28-67 (m en’s slacks). Fla.; 1—23—67 to 1—22—68 (Men’s and boys’ 1- 14-67 to 1-13-68; 10 learners (children’s Garan, Inc., Eupora, Miss.; 12-23-66 to 12- nightwear). pants). 22-67; 10 leaners (men’s and boys’ shirts). Big Yank Corp., Water Valley, Miss.; 1-28- Publix Tennessee Corp, Huntingdon Garan, Inc., Corinth, Miss.; 1-3-67 to 1-2- Tenn.; 1-6-67 to 1-5-68 (men’s and boys’ 67 to 1-27-68 (men’s and boys’ trousers). 68 (boys’ shirts). shirts). H. & L. Block, Inc., Decherd, Tenn.; 12-20- Garan, Inc., Starkeville, Miss.; 1-3-67 to Publix Shirt Corp, Hazleton, Pa.; 1-30-67 66 to 12—19—67 (men’s pants). 1-2-68 (men’s and boys’ shirts). Blount Manufacturing Co., Blountsville, to 1-29-68 (m en’s and boys’ shirts). Gloria Manufacturing Corp., Newport News, Punxy Sportswear Co, Inc, Punxsutawney, A la; 1-14-67 to 1—13—68 (children’s apparel- Va.; 1-20-67 to 1—19—68 (girls’ dresses). pants, outerwear jackets, shirts and shifts). Pa.; 12-22-66 to 12-21-67 (misses’ and ladies’ Hamburg Shirt Corp., Hamburg, Ark.; 2-2- slacks and blouses). Boys-Tone Shirt Co., Inc., Center Hill Divi­ 67 to 2-1-68 (boys’ shirts). The Raleigh Corp, Raleigh, Miss.; 1-31-67 sion, Bailey, Miss.; 1-25-67 to 1-24^68 (boys’ Hebron Pants Factory, Hebron, Md.; 2-4- sport shirts). to 1-30-68 (ladies’ slacks). 67 to 2-3-68 (men’s work pants). Reidbord Bros. Co, No. 2, Elkins, W. Va.; Byrds Manufacturing Corp., Albany, Ky.; Hicks Ponder Co., Del Rio, Tex.; 1-13-67 to 1-9-67 to 1-8-68 (ladies’ shirts). 2— 5—67 to 2—4—68 (men’s and boys’ trousers). 1-12-68 (men’s and boys’ jeans). Richfield Manufacturing Co, Richfield, Carthage Garment Corp., Carthage, Miss.; Higginsville Garment Co., Inc., No. 2, Hig- 1-22-67 to 1-21-68 (boys’ sport shirts). Pa.; 12—28—66 to 12—27—67 (m en’s and boys’ ginsville, Mo.; 12-28-66 to 12-27-67 (ladies’ shirts). Cherryvale Manufacturing Co., Cherryvale, uniform s). Rosebud Manufacturing Co, Vidalia, Ga.; Kans.; 1-10-67 to 1-9-68 (men’s work pants) * Huggins Garment Co., Inc., Donalds, S.C.; C&H Sportswear Manufacturing Co., 12—1—67 to 1-31-68 (women’s lingerie). 1-29-67 to 1-28-68 (men’s shirts). Rowland Manufacturing Co, Rowland, Meshoppen, Pa.; 2-1-67 to 1-31-68; 10 Huggins Garment Co., Inc., Due West, S.C., learners (men’s and boys’ outerwear jackets). N.C.; 2—11—67 to 2-10-68 (m en’s and boys’ 1— 26—67 to 1—25—68 (men’s shirts). shirts). C&J Manufacturing Co., Eastman, .Ga.; 1- Imperial Reading Corp., Anniston, Ala.; Salant & Salant, Inc, Lawrenceburg, 22-67 to 1-21-68 (boys’ shirts). 2 - 1-67 to 1-31-68 (m en’s, boys’ and ladies’ Checotah Manufacturing Co., Checotah, Tenn.; 1-20-67 to 1—19—68 (men’s work dungarees). shirts). Okla.; 1—23—67 to 1—22—68 (children’s shorts). Imperial Reading Corp., Lynchburg, Va.; Saluda Shirt Co, Saluda, S.C.; 2-9-67 to City Shirt Corp., Mahanoy City, Pa.; 2-1-67 1-6-67 to 1—5—68 (misses’ sportswear). to 1-31-68 (men’s shirts). 2—8—68 (ladies' blouses). F. Jacobson & Sons, Inc., York, Pa.; 2-3-67 Samsons Manufacturing Corp, Wilson, Colshire Manufacturing Co., Inc., Morgan- to 2—2—68 (men’s shirts). twon, W . Va.; 2-1-67 to 1-31-68 (m en’s N.C.; 2-9-67 to 2—8-68 (men’s shirts). Jaline Togs, In c, Homer, N.Y.; 1-20-67 to Sanford Manufacturing Co, Wilkes-Barre, pajam as). 1-19-68; 10 learners (children’s slacks, shorts, Corbin, Ltd., Huntington, W . Va.; 12-30-66 Pa.; 2—3—67 to 2—2—68 (men’s and boys’ playclothes). ^ trousers and ladies’ slacks). to 12-29-67 (m en’s trousers and work shirts). The Jay Garment Co, Brookville, Ind.; 1- Corman & Wasserman, Inc., Baltimore, Md.; Shamrock of Dublin, Ltd, Dublin, Ga.; 24-67 to 1—23—68 (m en’s and boys’ pants). 1- 30-67 to 1—29—68 (men’s and boys' slacks). 12—28—66 to 12—27—67 (men’s trousers). The Jay Garment Co, Portland, Ind.; 1-24- Cowden-Greenville Co., Greenville, Ky.; Sharon Manufacturing Co, Sharon, Tenn.; 67 to 1-23-68 (m en’s work clothing). 2 - 1-67 to 1-31-68 (children’s pajam as). 1- 25-67 to 1-24-68 (men’s and boys’ dun- Jomax Apparel Co, York, Pa.; 2-1-67 to 1- • garees and outerwear jackets). Siceloff Manufacturing Co, In c, Lexington, 31-68; 10 learners (ladies’ dresses and shirts). N.C.; 2—1—67 to 1-31—68 (men’s and boys’ Cowden-Stanford Co., Stanford, Ky.; 1-19- Kellwood Co, Rutherford, Tenn.; 1-3-67 67 to 1—18—68 (men’s and boys’ dungarees). pants, work shirts and dungarees). to 1-2—68 (outerwear jackets). Henry I. Siegel Co, Inc, Tiptonville, Tenn.; Decatur Shirt Corp., Decatur, Miss.; 1-11- Kinston Shirt Co, Kinston, N.C.; 1-31-67 67 to 1-10-68 (boys’ sport shirts). 2—1—67 to 1-31—68 (men’s and boys’ outer­ to 1-30-68 (m en’s shirts). wear coats and dungarees). Diaper Jeans, Inc., Denison, Tex.; 1-16-67 Klos Manufacturing Co, Inc, Muskogee, to 1-15-68 (infants’ w ear). Boris Smoler & Sons, Inc, Elkhart, Ind.; Okla.; 1—8—67 to 1—7—68; 10 learners (chil­ 1-5—67 to 1-4-68 (dresses), Dickson Jenkins Manufacturing Co., Inc., dren’s shorts and pan ts). Fort Worth, Tex.; 2-2-67 to 2-1-68 (men’s, Boris Smoler & Sons, In c, La Porte, Ind.; L&H Shirt Co, Cochran, Ga.; 1-22-67 to 1- 1- 3-67 to 1-2-68; 10 learners (dresses). ladies’ and children’s pants and shirts). 21-68 (boys’ shirts). Dillon Manufacturing “'Co., Savannah, Soperton Manufacturing Co, Soperton, Tenn.; 12-30-66 to 12-29-67 (men’s shirts). The H. D. Lee Co, Inc, Sulphur Springs, Ga.; 2—3—67 to 2—2—68 (men’s shirts). Donlin Sportswear, Inc., New Tazewell, Tex.; 1-20-67 to 1-19-68 (western pants). Sparta Garment Co, Inc, Sparta, Ga.; Tenn.; 1—27—67 to 1—26—68 (men’s and boys’ The Loudoun Manufacturing Co, Emmits- 2— 1—67 to 1—31—68 (men’s and boys’ trousers). shirts). kurg, Md.; 1—3—67 to 1—2—68; 10 learners Spartans Industries, Inc, Dunlap, Tenn.; Dunbrooke Shirt Co., Lexington, Mo.; 1-12- (m en’s trousers). 1—18—67 to 1—17—68 (ladies’ dresses and 67 to 1-11—68 (men’s shirts). The Manhattan Shirt Co, Charleston, S.C.; blouses). E&W of Paragould, Inc., Paragould, Ark.; 1—11—67 to 1—10—68 (men’s shirts). W. E. Stephens Manufacturing Co, Inc, 2 - 5-67 to 2-4-68 (boys’ sports shirts). The Manhattan Shirt Co, Lexington, N.C.; Pulaski, Tenn.; 1-2-67 to 1-1-68 (men’s and E&W of Dover, Inc., Dover, Tenn.; 1-24-67 1-17-67 to 1—16—68 (men’s shirts). boys’ pants). W. E. Stephens Manufacturing Co, Inc, to 1-23-68 (men’s pants). The Manhattan Shirt Co, Jesup, Ga.; 1- Watertown, Tenn.; 1-14-67 to 1-13-68; 10 E&W of Yazoo City, Inc., Yazoo City, Miss.; 17—67 to 1—16—68 (men’s shirts). learners (men’s and boys* shirts, ladies’ and 2-1-67 to 1-31-68 (men’s and boys’ pajam as). The Manhattan Shirt Co, Ashburn, Ga.; girls’ shorts and slacks). East Salem Manufacturing Co., MifHintown, 1-17-67 to 1-16-68 (m en’s pajamas and Stitchcraft, In c, Athens, Ga.; 1-10-67 to Pa.; 12-28-66 to 12-27-67 (men’s and boys’ shirts). 1-9—68; 10 learners (ladies’ dresses). shirts, and ladies’ blouses and dresses). The Manhattan Shirt Co, Salisbury, Md.; Levi Strauss & Co, Murphy, N.C.; 2-1-67 Eastwill Sportwear Co., Inc., Greenwood, 1—30-67 to 1-29-68 (men’s and ladies’ shirts). to 1—31—68 (men’s and boys’ trousers). S.C.; 2—2—67 to 2-1-68 (men’s and boys’ sport Manufacturers’ Sportswear, Inc, Scranton, shirts). Levi Strauss & Co, Warsaw, Va.; 1-30-67 Pa.; 1-6-67 to 1-5—68 (boys’ trousers). to 1-29-68 (work pants).

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3851

turnover purposes (women’s underwear and Sturgis Clothing Co., Sturgis, Ky.; 2-1-67 The Van Heusen Co., Hazen, Ark.; 2-1-67 to 7-31-67; 100 learners (men’s shirts). nightwear). to 1-31-68 (men’s pants). The H. W. Gossard Co., Bristow, Okla.; Swirl, Inc., Easley, S.C.; 1—13—67 to 1-12-68 Wayne Industries, Inc., Jellico, Tenn.; 2-1-67 to 7-31-67; 35 learners (men’s 1-20-67 to 1-19-68; 5 percent of the total (women’s dresses). number of factory production workers for trousers). Tellico Manufacturing Co., Inc., Tellico normal labor turnover purposes (women’s Plains, Tenn.; 1-20-67 to 1-19-68 (men’s Glove Industry Learner Regulations knit and woven underwear and nightwear). trousers). - ' (29 CFR 522.1 to 522.9, as amended, and The H. W. Gossard Co., Malden, Mo.; 1-24- Tennessee Overall Co., Tullahoma, Tenn., 29 CFR 522.60 to 522.65, as amended). 67 to 1-23-68; 5 percent of the total number 1- 29-67 to 1-28-68 (men’s pants). of factory production workers for normal Top Notch Manufacturing Co., Inc., El Edmont-Wilson, Coshocton, Ohio; 2-1-67 labor turnover purposes (women’s knit and Paso, Tex.; 2-1-67 to 1-31-68 (men’s and to 1-31-68; 10 percent of the total number woven underwear and nightwear). boys’ overalls). of machine stitchers for normal labor turn­ Hazlehurst Manufacturing Co., Inc., Hazle- The Turner Manufacturing Co., Goodletts- over purposes (work gloves). , hurst, Ga.; 2-14-67 to 2-13-68; 5 percent of viiie, Tenn.; 1-10-67 to 1-9-68 (ladies’ Edmont-Wilson, Mount Vernon, Ohio; the total number of factory production work­ blouses). 1_31_67 to 7-30-67; 10 learners for plant ex­ ers for normal labor turnover purposes Vernon Manufacturing Co., Inc., Vernon, pansion purposes (work gloves). (women’s and children’s underwear). Tex.; 1-1-67 to 12-31-67 (men’s and boys’ Edmont-Wilson, Mount Vernon, Ohio; Mistee Lingerie, Inc., Boyertown, Pa.; trousers). • _ 1_31_67 to 7-30-67; 10 percent of the total 1- 25-67 to 1-24-68; 5 percent of the total The Warner Bros. Co., Thomasville, Ga.; number of machine stitchers for normal la­ number of factory production workers for 12-28-66 to 12-27-67 (corsets and brassieres), bor turnover purposes, (work gloves). normal labor turnover purposes (ladies’ The Warner Bros. Co., Moultrie, Ga.; Indianapolis Glove Co., Inc., Mount Ida, lingerie). 1_5_67 to 1-4-68 (corsets and brassieres). Ark.; 1-22-67 to 1-21-68; 10 percent of the Walter W. Moyer Co., Inc., Ephrata, Pa.; Wayne Industries, Inc., Jellico, Tenn.; total number of machine stitchers for normal 2 - 1-67 to 1-31-68; 5 percent of the total 2- 1-67 to 1-31-68 (men’s trousers). labor turnover purposes (work gloves). number of factory production workers for Wilker Bros. Co., Inc., McKenzie, Tenn.; Marson & Rodenborn Manufacturing Co., normal labor turnover purposes (knitted 1-17-67 to 1-16-68 (men’s, boys’ and ladies’ Fort Dodge, Iowa; 12-28-66 to 12—27-67; 10 underwear). pajamas). ____ „ learners for normal labor turnover purposes Russell Mills, Inc., Montgomery, Ala.; Willards Shirt Co., Willards, Md.; 1-29-67 (work gloves). 2-1-67 to 1-31-68; 5 percent of the total to 1-28-68; 10 learners (men’s work shirts). Hosiery Industry Learner Regulations number of factory production workers for Wood Garment Manufacturing Co., Inc., normal labor turnover purposes (tee shirts). Crane, Mo.; 2-1-67 to 1-31-68 (men’s, boys’, (29 CFR 522.1 to 522.9, as amended, and 29 CFR 522.40 to 522.43, as amended). Russell Mills, Inc., Montgomery, Ala.; ladies’, and girls’ dungarees). 2-1-67 to 7-31-67; 25 learners for plant ex­ Wood Garment Manufacturing Co., Inc., Belmont Hosiery Mills, Inc., Belmont, N.C.; pansion purposes (tee shirts). Republic, Mo.; 2-1-67 to 1-31-68 (men’s 2-1-67 to 1-31-68; 5 percent of the total Van Raalte Co., Inc., Middleburg, Vt.; trousers). number of factory production workers for 1-26-67 to 1-25-68; 5 percent of the total The following plant expansion certifi­ normal labor turnover purposes (seamless). number of factory production workers for cates were issued authorizing the num­ Belmont Knitting Co., Belmont, N.C.; normal labor turnover purposes (ladies’ un­ 1-30-67 to 1-29-68; 5 percent of the total derwear and nightwear). ber of learners indicated. number of factory production workers for Van Raalte Co., Inc., Franklin, N.C.; Angelica Uniform Co., No. 1, Mountain normal labor turnover purposes (seamless). 1-20—67 to 7-19-67; 25 learners for plant ex­ Dothan Hosiery Co., Dothan, Ala.; 1-25-67 View, Mo.; 1-13-67 to 7-12-67; 70 learners pansion purposes (ladies’ lingerie). to 1-24-68; 5 percent of the total number (men’s washable service coats). Van Raalte Co., Inc., Franklin, N.C.; Angelica Uniform Co., No. 2, Mountain of factory production workers for normal 1-20-67 to 1-19-68; 5 percent of the total labor turnover purposes (seamless). View, Mo.; 1-13-67 to 7-12-67; 90 learners number of factory production workers for Elizabeth City Hosiery Mills, Elizabeth (men’s and women’s washable uniforms). normal labor turnover purposes (ladies’ Big-Dad Manufacturing Co., Inc., Starke, City, N.C.; 1-5-67 to 1-4-68; 5 percent of lingerie). Fla.; 1-12-67 to 7-11-67; 105 learners (men’s the total number of factory production work­ Wolverine Knitting Mills, Inc., Bay City, and boys’ pants). ers for normal labor turnover purposes Blount Manufacturing Co., Blountsville, (seamless). Mich.; 2-1-67 to 1-31-68; 5 percent of the Ala.; 1-14-67 to 7-13-67; 30 learners (chil­ Elizabeth City Hosiery Mills, Elizabeth total number of factory production workers dren’s apparel-pants, outerwear jackets, City, N.C.; 1-5-67 to 7-4-67; 30 learners for for normal labor turnover purposes. Learn­ ers may not be employed at special minimum shirts and shifts). plant expansion purposes (seamless). Boys-Tone Shirt Co., Inc., Bailey, Miss.; C. D. Jessup & Co., Claremont, N.C.; 12-wages in the manufacture of robes (women’s 1-25-67 to 7-24-67; 25 learners (boys’ shirts). 27-66 to 12-26-67; 5 learners for normal underwear). C&R Manufacturing Co., Rector, Ark.; labor turnover purposes (seamless). Regulations Applicable to the Employ­ 1-16-67 to 7-15-67; 50 learners (men’s Roane Hosiery, Inc., Harriman, Tenn.; 1-3- ment of Learners (29 CFR 522.1 to 522.9, trousers) 67 to 1-2-68; 5 percent of the total number Cowden-Ohio Co., Beaver Dam, Ky.; of factory production workers for normal as amended). 1- 26-67 to 7-25-67; 35 learners (work clothes, labor turnover purposes (seamless). The Graham Co., Waco, Tex.; 2-1-67 to dungarees). U.S. Industries, Inc., the Batesville Co. 7-31-67; six learners for normal labor turn­ Duncan Manufacturing Co., Duncan, Okla.; Division, Batesville, Miss.; 2-3-67 to 8-2-67; over purposes in the occupation of sewing 2- 1-67 to 7-31-67; 100 learners (men’s20 and learners for plant expansion purposes machine operating, for a learning period of boys’ trousers). (seamless). ■ 320 hours at the rate of not less than $1.25 Emporia Garment Co., Inc., Emporia, Va.; U S Industries, Inc., National Mills Divi­ ¡in hour (embroidery and chenille sport 1_9_67 to 7-8-67; 20 learners (children’s sion, Grenada, Miss.; 1-25-67 to 1-24-68; 5 letters). dresses)• percent of the total number of factory pro­ Etowah Industries, Inc., Etowah, Tenn.; duction workers for normal labor turnover The following learner certificates were 2-1-67 to 7-31-67; 50 learners (outerwear purposes (seamless, full-fashioned). issued in Puerto Rico to the companies jackets). • Knitted Wear Industry Learner Regu­ hereinafter named. The effective and Formflex of Arizona, Inc., Phoenix, Anz.; expiration dates, learner rates, occupa­ 1_3_67 to 7-2-67; 15 learners (girdles). lations (29 CFR 522.1 to 522.9, as amended, and 29 CFR 522.30 to 522.35, tions, learning periods, and the number Marcus Manufacturing Co., Inc., Nowata, of learners authorized to be employed, Okla.; 12-28-66 to 6-27-67; 15 learners (men’s as amended). are indicated. slacks). Ainsbrooke, Division of Genesco, Inc., Middleburg Sportswear, Inc., Middleburg, Carmi, 111.; 2-1-67 to 1-31-68; 5 percent of Adele Manufacturing Corp., Rio Grande, pa,; 1-8-67 to 7-7-67; 10 learners (women’s the total number of factory production work­ P.R.; 12-5-66 to 12-4-67; five learners for dresses)• ers for normal labor turnover purposes (men’s normal labor turnover purposes in the occu­ Monroe Industries, Tellico Plains, Tenn.; pation of sewing machine operating, for a woven underwear). 1-16-67 to 7-15-67; 40 learners (men’s and Eagleknit, Inc., Shawno, Wis.; 1-17-67 to learning period of 320 hours at the rate of 75 boys’ shirts). 7-16-67; 10 learners for plant expansion pur­ cents an hour (m en’s cotton shorts). Pecos Garment Co., Pecos, Tex.; 1-24-67 to poses (children’s knit garments). Alfredo Manufacturing Corp., Rio Grande, 7-23-67; 40 learners (m en’s and boys’ dun­ Eagleknit, Inc., Shawno, Wis.; 1-17-67 to P.R.; 12-5-66 to 12-4-67; 17 learners for nor­ garees) . l_16-68; five leaxners for normal labor turn­ mal labor turnover purposes in the occupa­ Rothley, Inc., Taylorville, 111.; 1-6-67 to over purposes (children’s knit garments) • tions of sewing machine operating, final 7-5-67; 20 learners (dresses). The H. W . Gossard Co., Troy, Mo.; 1-27-67 pressing, each for a learning period of 320 Tellico Manufacturing Co., Inc., Tellico hours at the rate of 75 cents an hour (m en’s Plains, Tenn.; 1-20-67 to 7-19-67; 75 learners to 1-26-68; 5 percent of the total number of factory production workers for normal labor cotton pajam as). (men’s trousers).

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3852 NOTICES

Bayuk International, Inc., dales, P.R.; (2) die and clicker machine operating for 12-6-66 to 4-15-67; 17 learners for normal a learning period of 160 hours at the rate of It is hereby ordered, Pursuant to Rule labor turnover purposes in the occupations 80 cents an hour (leather gloves) ,■ 261 of the general rules and regulations of sorting, sizing, tying and grading, each for under the Securities Act of 1933, as a learning period of 240 hours at the rate of Each learner certificate has been issued 80 cents an hour (wrapper type tobacco). amended, that a hearing be held at 10 upon the representations of the em­ a.m., June 26, 1967, at the Fort Worth Eleven Eleven Corp., Bayamon, P.R.; ployer, which, among other things, were 11-28-66 to 11-27-67; 10 learners for normal Regiona1 Office, 503 U.S. Courthouse labor turnover purposes in the occupations that employment of learners at special 10th and Lamar Streets, Fort Worth’ of; (1) Pairing, for a learning period of 360 minimum rates is necessary in order to Tex 76102, with respect to the matters hours at the rate of 69 cents an hour, and prevent curtailment of opportunities for set forth in section I I of the Commis­ (2) knitting, seaming, examining, preboard­ employment, and that experienced work­ sion’s order dated January 23, 1967 ing and boarding; each for a learning period ers for the learner occupations are not of 240 hours at the rate of 69 cents an hour which temporarily suspended the’ Regu­ available. Any person aggrieved by the lation A exemption of Autroponics, Inc. (m en’s and boys’ socks). issuance of any of these certificates may Mesana Dyeing & Finishing, Inc., Quebra- without prejudice, however, to the speci­ dillas, P.R.; 12—5—66 to 6—4—67; 29 learners for seek a review or reconsideration thereof fication of additional issues which may plant expansion purposes in the occupations within 15 days after publication of this be presented in these proceedings. of: (l) Sewing machine operating, hand sew­ notice in the F ederal R eg ister pursuant III. It is further ordered, That an ing, final pressing; each for a learning period to the provisions of 29 CFR 522.9. The officer or officers to be appointed by the of 320 hours at the rates of 88 cents an hour certificates may be annulled or with­ Commission for that purpose, shall pre­ for the first 160 hours and $1.03 an hour for drawn, as indicated therein, in the side at the hearing; that any officer or the remaining 160 hours; and (2) dyeing manner provided in 29 CFR Part 528. machine operating, dryer machine operating; officers so designated to preside at any each for a learning period of 240 hours at the Signed at Washington, D.C., this 24th such hearing are hereby authorized to rate of 88 cents an hour (dyeing and finish­ day of February 1967. exercise all the powers granted to the ing of sweaters, skirts, dresses, and men’s Commission under sections 19(b), 21 and shirts). R obert G . G r o n e w a l d , 22(c) of the Securities Act of 1933, as Mesana Dyeing & Finishing, Inc., Quebra- Authorized Representative amended, and to hearing officers under dillas, P.R.; 12-5-66 to 12-4 67; 10 learners of the Administrator. for normal labor turnover purposes in the the Commission’s rules of practice. [F.R. Doc. 67-2540; Filed, Mar. 7, 1967; occupations of: ( 1) Sewing machine op­ I t is further ordered, That the Secre­ 8:45 a.m.J erating, hand sewing, final pressing; each for tary of the Commission shall serve a a learning period of 320 hours at the rates of copy of this order by certified mail on 88 cents an hour for the first 160 hours and Autroponics, that notice of the entering $1.03 an hour for the remaining 160 horns; of this order shall be given to all other and (2) dyeing machine operating, dryer SECURITIES AND EXCHANGE persons by a general release of the Com­ machine operating; each for a learning mission and by publication in the period of 240 hours at the rate of 88 cents an hour (dyeing and finishing of sweaters, COMMISSION F ederal R eg iste r . Any person who de­ sires to be heard, or otherwise wishes skirts, dresses and men’s shirts). [24FW-1395] Plata Gloves, Inc., Cayey, P.R.; 11-28-66 to to participate in the hearing, shall file 11-27-67; eight learners for normal labor AUTROPONICS, INC. with the Secretary of the Commission turnover purposes in the occupation of sew­ on or before June 22, 1967, a written re­ ing machine operating, for a learning period Notice and Order for Hearing quest relative thereto as provided in of 480 hours at the rates of 80 cents an hour Rule 9(c) of the Commission’s rules of for the first 240 hours and 92 cents an hour M ar ch 2, 1967. for the remaining 240 hours (ladies’ fabric practice. Persons filing an application and leather gloves), I. Autroponics, Inc., 21 Turtle Creek to participate or be heard will receive Plata Gloves, Inc., Cayey, P.R.; 11-28-66 to Square, Dallas, Tex., a corporation, notice of any adjournment of the hear­ 3-31-67; two learners for plant expansion organized under the laws of Texas on ing as well as other actions of the Com­ purposes in the occupation of die and clicker September 14, 1965, and having its prin­ mission involving the subject matter of machine operating, for a learning period of cipal office located at 21 Turtle Creek these proceedings. 160 hours at the rate of 80 cents an hour Square, Dallas, Tex., filed with the Com­ By the Commission. (ladies’ fabric and leather gloves). mission on September 15, 1966, a noti­ Rio Monte Manuracturing Corp., Rio [ s e a l ! O rval L. D tjB o is , Grande, P.R.; 12—5—66 to 12—4—67; 5 learners fication on Form 1-A, with attached ex­ for normal labor turnover purposes in the hibits, including an offering circular, « Secretary. occupation of sewing machine operating, for relating to the company’s proposed offer­ [F.R. Doc. 67-2543; Filed, Mar. 7, 1967; a learning period of 320 hours at the rate of ing of 118,300 shares of its $1 par value 8:46 a.m.] 75 cents an hour (men’s cotton pajam as). per share common stock at the price of Swan Hook & Eye Corp., Arecibo, P.R.; $1.875 per share, or an aggregate offer­ 12-12-66 to 5-13-67; 26 learners for plant ing price to the public of $221,812.50, [24C-2754] expansion purposes in the occupation of for the purpose of obtaining an exemp­ sewing machine operating, for a learning INDUSTRIAL KINETICS, INC. period of 320 hours at the rate of 92 cents an tion from the registration requirements hour (eye tape on elastic) (replacement of the Securities Act of 1933, as amended, Notice and Order for Hearing certificate). pursuant to the provisions of section Swan Textile Finishing Corp., Arecibo, P.R.; 3(b) and Regulation A promulgated M arch 2,1967. 11-14-66 to 5-13-67; 18 learners for plant thereunder. expansion purposes in the occupations of I. Industrial Kinetics, Inc. (issuer), H. The Commission, on January 23, 1972 Grand Avenue, St. Paul, Minn., a folding machine operating, tending, fixing, 1967, issued an order pursuant to Rule each for a learning period of 240 hours at Minnesota corporation, incorporated the rate of 78 cents an hour (dyeing of tri­ 261 of the general rules and regulations February 27, 1961, with its principal and cot cloth). under the Securities Act of 1933, as only office at 1972 Grand Avenue, St. Swan Tricot Mills Corp., Arecibo, P.R.; ' amended, temporarily suspending the is­ Paul, Minn., filed with the Commission 11-14-66 to 5-13-67; 28 learners for “plant suer’s exemption under Regulation A, on April 6, 1966, a notification on Form expansion purposes in the occupation of and affording to any person having any 1-A and an offering circular relating to machine knitting, for a learning period of interest in the matter an opportunity a proposed offering of 165,000 shares of 480 hours at the rates of 78 cents an hour to request a hearing. The Commission for the first 240 hours and 85 cents an hour $0.05 par value common stock and 16,500 for the remaining 240 hours (tricot cloth). has received a written request for a hear­ shares of 5 percent preferred $10 par ing from Autroponics, Inc. United Corp., Cabo Rojo, P.R.; 12-8-66 to value noncumulative stock in units of 3-31-67; 50 learners for plant expansion pur­ The Commission deems it necessary 100 shares of common and 10 shares of poses in the occupations of: (1) Machine and appropriate that a hearing be held preferred stock for a total price per unit stitching, laying-off, each for a learning for the purpose of determining whether of $120.75 and an aggregate offering price period of 480 hours at the rates of 80 cents it should vacate the temporary suspen­ of $200,000 for the purpose of obtaining an hour for the first 240 hours and 92 cents sion or enter an order of permanent an hour for the remaining 240 hours; and an exemption from the registration re­ suspension in this matter. quirements of the Securities Act of 1933,

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3853 as amended, pursuant to the provisions deny each of the allegations set forth in of section 3(b) and Regulation A pro­ the Commission’s order dated January FEDERAL POWER COMMISSION mulgated thereunder. 16, 1967. ___ ..... _ . [Docket Nos. G-3244 etc.] II. The Commission, on January 16, Notice is hereby given, That if Indus­ PHILLIPS PETROLEUM CO. ET AL. 1967, issued an order pursuant to Rule trial Kinetics, Inc., fails to file an answer 261 of the general rules and regulations pursuant to 17 CFR 201.7 within 15 days Notice of Applications for Certificates, under the Securities Act of 1933, as after service upon it of this notice and Abandonment of Service and Peti­ order for hearing, the proceedings may amended, temporarily suspending the tions To Amend Certificates 1 issuer’s exemption under Regulation A, be determined against Industrial Kinet­ and affording to any person having any ics, Inc., by the Commission upon con­ F e b r u a r y 23, 1967. interest therein an opportunity to re­ sideration of this notice and order for Take notice that each of the Applicants quest a hearing. On February 10, 1967, hearing and said allegations in the listed herein has filed an application or the issuer submitted a written request Commission’s order dated January 16, petition pursuant to section 7 of the for a hearing. 1967, may be deemed to be true. Natural Gas Act for authorization to sell The Commission deems it necessary By the Commission. natural gas in interstate commerce or and appropriate that a hearing be held to abandon service heretofore authorized [ SEAl ] O rval L. DuBois, for the purpose of determining whether Secretary. as described herein, all as more fully de­ it should vacate the temporary suspen­ scribed in the respective applications and sion order or enter an order of perma­ [F.R. Doc. 67-2544; Filed, Mar. 7, 1967; amendments which are on file with the nent suspension in this matter. 8:46 a.m.] Commission and open to public inspec­ It is hereby ordered, Pursuant to Rule tion. 261 of the general rules and regulations Protests or petitions to intervene may under the Securities Act of 1933, as be filed with the Federal Power Commis­ amended, that a hearing be held at 10 TARIFF COMMISSION sion, Washington, D.C. 20426, in accord­ a.m., April 10, 1967, at the offices of the [A P T A -W -8 ] ance with the rules of practice and pro­ Securities and Exchange Commission, cedure (18 CFR 1.8 or 1.10) on or before 500 North Capitol Street, Washington, EATON, YALE & TOWNE, INC. March 16,1967. D.C. 20549, at such room as may be des­ Take further notice that, pursuant to ignated on such date by the hearing room Workers’ Petition for Determination of the authority contained in and subject to clerk, with respect to the matters set Eligibility To Apply for Adjustment the jurisdiction conferred upon the Fed­ forth in section II of the Commission’s Assistance; Notice of Investigation eral Power Commission by Sections 7 and order dated January 16, 1967, which 15 of the Natural Gas Act and the Com­ temporarily suspended the Regulation A Upon receipt on February 28,1967, of a mission’s rules of practice and procedure, exemption of Industrial Kinetics, Inc., request therefor from the Automotive a hearing will be held without further without prejudice, however, to the speci­ Agreement Adjustment Assistance Board, notice before the Commission on all ap­ fication of additional issues which may the Tariff Commission instituted an in­ plications in which no protest or petition be presented in these proceedings. vestigation pursuant to section 302(e), to intervene is filed within the time re­ III. I t is further ordered, That an offi­Automotive Products Trade Act of 1965, quired herein if the Commission on its cer or officers of the Commission, desig­ with respect to a petition filed with tne own review of the matter believes that a nated by it for that purpose, shall preside Board by the United Steel Workers of grant of the certificates or the authoriza­ at the hearing; that any officer or officers America, on behalf of a group of work­ tion for the proposed abandonment is so designated to preside at any such ers at Eaton, Yale & Towne, Inc., Lacka­ required by the public convenience and hearing are hereby authorized to exercise wanna, N.Y. The petition alleges that necessity. Where a protest or petition all the powers granted to the Commis­ by reason of the transfer from Lacka­ for leave to intervene is timely filed, or sion under sections 19(b), 21, and 22(c) wanna to Canada of the production of where the Commission on its own motion of the Securities Aot of 1933, as amended, automotive leaf springs dislocation of the believes that a formal hearing is required, and to hearing officers under the Com­ group of workers is scheduled to occur, further notice of such hearing will be mission’s rules of practice. beginning April 1, 1967, and that the duly given: Provided, however, That pur­ It is further ordered, That the Secre­ operation of the United States-Canadian suant to § 2.56, Part 2, Statement of Gen­ tary of the Commission shall serve a copy Automotive Agreement is the primary eral Policy and Interpretations, Chapter of this order by certified mail on Indus­ factor threatening to cause such disloca­ I of Title 18 of the Code of Federal Reg­ trial Kinetics, Inc., and that notice of the tion. The Commission is conducting the ulations, as amended, all permanent cer­ entry of this order shall be given to all investigation to provide a factual record tificates of public convenience and nec­ persons by general release of the Com­ on the basis of which the Board may essity granting applications, filed after mission and by publication in the F ederal make the determinations required by April 15, 1965, without further notice, R eg ister . Any person who desires to be section 302 of the Act. will contain a condition precluding any heard or otherwise wishes to participate No hearing has been scheduled, a filing of an increased rate at a price in in the hearing shall file with the Com­ hearing will be held on request of any excess of that designated for the partic­ mission on or before April 6, 1967, a re­ party showing a proper interest in the ular area of production for the period quest relative thereto as provided in subject matter of the investigation, pro­ prescribed therein unlpgs at the time of Rule 9(c) of the Commission’s rules of vided the request is filed with the Secre­ filing such certificate application, or practice. Persons filing an application tary of the Tariff Commission within 10 within the time fixed herein for the filing to participate or be heard will receive no­ days after this notice is published in the of protests or petitions to intervene the tice of any adjournment of the hearing F ederal R e g ist e r . Applicant indicates in writing that it is as well as other actions of the Commis­ The petition filed in this case is avail­ unwilling to accept such a condition. sion involving the subject matter of able for inspection at the office of the In the event Applicant is unwilling to ac­ these proceedings. Secretary, U.S. Tariff Commission, cept such condition the application will It is further ordered, That Industrial Eighth and E Streets NW., Washington, be set for formal hearing. Kinetics, Inc., pursuant to Rule 7 of the D.C., and at the New York City office of Under the procedure herein provided rules of practice of the Commission (17 the Tariff Commission located in Room for, unless otherwise advised, it will be CFR 201.7), shall file an answer to the 437 of the Customhouse. unnecessary for Applicants to appear or allegations set forth in the Commission’s be represented at the hearing. order dated January 16, 1967. Such Issued: March 3,1967. answer shall be filed in the manner, form By order of the Commission. J o s e ph H. G u t r id e , and within the time prescribed by 17 Secretary. [ s e a l] D o n n N. B e n t , CFR 201.7 and shall specifically admit or Secretary. deny or state that Industrial Kinetics, »T his notice does not provide for consoli­ [F.R. Doc. 67-2559; Filed, Mar. 7, 1967; dation for hearing of the several matters Inc., does not have, and is unable to ob­ covered herein, nor should it be so construed. tain, sufficient information to admit or 8:47 am .]

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45-----7 3854 Docket No. P res­ Docket No. and date Hied A p p lic a n t Purchaser, field,and location P ric e p er M c f sure an d d a te filed P res­ A p p lic a n t Purchaser, field, and location Price per Mcf base sure base

G-3244____ Phillips Petroleum Co.,» El Paso Natural Gas Co., Kermit *16.66 14.65 CI67-1004-. Arnold Petroleum Co. (Oper­ 9-6-661 Bartlesville, Okla. 74003. Colorado Interstate Gas Co., Mo- 2 17.0 14 65 Area, Winkler County, Tex. * 14.64 A 2-9-67 G-3605____ Evm ar O il Corp. (successor to ator) et al., 700 United Found­ cane-Laverne Field, Beaver E l Paso Natural Gas Co., Spraberry * 17.2295 14.65 E 2-6-67 Joseph S. Gru8s), 30 Broad ers Tower, Oklahoma City, County, Okla. Trend Area Field, Glasscock and O k la. 73102. S t., N e w Y o r k , N . Y . Ì0004. Reagan Counties, Tex. G-8816_____ CI67-1005.. Sunray D X Oil Co., Post Office Cities Service Gas Co., Southwest Humble Oil & Refining Co., United Gas Pipe Line Co., acreage 14.0 14.65 Assigned A 2-8-67 B o x 2039, T u lsa , O kla. 74102. Wakita and West Hawley Fields, D 2-16-67 Post Office Box 2180, in Pearl River County, Miss. Houston, Tex. 77001. Grant County, Okla. CI67-1006-. Tidewater Oil Co.,** Post Office G-10799____ Pan American Petroleum Transwestern Pipeline Co., Halley 116. 5 1 4 65 El Paso Natural Gas Co., West 12.0 15.025 A 2-9-67 Box 1404, Houston, Tex. C 2-13-67 Corp. (Operator) et al., Post Field, Winkler County, Tex. Kutz Field, San Juan County. 77001. Office Box 591, Tulsa, Okla. N . M ex. CI67-1007-- Orion Oil Co. (Operator) et al., 74102. Transcontinental Gas Pipe Line D ep le te d B 2-9-67 2004 The Six Hundred Bldg., Corp., South Longhorn Field G-16380..., The Superior Oil Co., Post Transcontinental Gas Pipe Line 21.5 15.025 Corpus Christi, Tex. 78401. Duval County, Tex. C 2-8-67 Office Box 1521, Houston, Corp., Block 105 of Block 100 CI67-1010— O rm a O il & Gas Co., c/o Consolidated Gas Supply Corp., T e x . 77001. Field, Eugene Island Area, Off­ Uneconomical B 2-9-67 Charles B. Lewis, agent, Main Washington District, Calhoun shore Louisiana. G-17682____ Pan American Petroleum Street, Spencer, W. Va. 25276. County, W. Va. Texas Gas Transmission Corp., 18.25 15.025 CI67-1011-- C 2-13-67 Corp. (Operator) et ál. Carrie Conley 47-Acre Lease, Consolidated Gas Supply Corp., Uneconomical Minden Field, Webster Parish, B 2-9-67 c/o Richard H. Brumbaugh, L a . Washington District, Calhoun CI63-986____ J. Lee Youngblood (successor attorney-in-fact, Box 139, County, W. Va. Cities Service Gas C o„ Winchester 13.0 14 65 Spencer ,W. Va. 25276. ■ E 2-14-67 to L. S. Youngblood (Opera­ Field, Woods County, Okla. CI67-1012-. C. W. Beecher & L. W. Beecher, tor) et al.), Post Office Box Consolidated Gas Supply Corp., Uneconomical B 2-9-67 Home Trailer Park, 6920 1865, D allas, T e x . 75221. Sheridan District, C alh ou n North 16th St., Omaha, CI63-1061.. Consolidated Oil & Gas, Inc., County, W. Va. El Paso Natural Gas Co., Basin Uneconomical N e b r. 68102. D 2-9-67 4150 East Mexico Ave., Den­ Dakota Field, Rio Arriba County, CI67-1013-. Weston Oil Gas Co., c/o W. ver, Colo. 80222 (partial & Consolidated Gas Supply Corp., Uneconomical N . M ex. B 2-9-67 H . Mossor, agent, Harrisville, abandonment). Hackers Creek District, Lewis W . V a . 26362. CI65-273.... Phillips Petroleum Co., County, W. Va. El Paso Natural Gas Co., Eunice *16.66 14.65 CI67-1014.. Humble Oil & Refining Co ...... 7- 19-651 « O perator.2 Plaquemines Oil & Gas Co., Inc., 17.5 15.025 Field, Lea County, N . Mex. « 14.51 A 2-8-67 8- 26-661 Potash Field, Plaquemines Parish, CI65-624.... -d o.2. L a . El Paso Natural Gas Co., Gold­ * 16.74 14. 5 CI67-1016.. Aller ton Miller, 3309 Grant 6-20-661 Cumberland & Allegheny Gas Co., 25.0 15.325 smith Area, Ector County, Tex. ‘ 14.50 A 2-8-67 Bldg., Pittsburgh, Pa. 15219. CI65-1309... Continental Oil Co., Post Office Buckhannon District, Upshur Arkansas Louisiana Gas Co., South­ 15.0 14 65 C 2-13-67 B o x 2197, H ou ston , T e x . 77001. County, W. Va. east Lahoma Field, Major County, CI67-1018— . An-Son Corp. et al„ 3814 North Northern Natural Gas Co., North­ 17.0 14.65

1 NOTICES O kla. A 2-10-67 Santa Fe, Oklahoma City, CI65-1310.. Robert E. Aikman et al., d.b.a. east Holland Field, Beaver Panhandle Eastern Pipe Line Co., *14.0 14.65 O kla. 73102. C 2-7-67 A .I.K ., Ltd., 706 Bank of the County, Okla. Six Mile Field, Beaver County, CI67-1019... A .I.K ., Ltd., No. 2, (Opera­ Southwest Bldg., Amarillo, Natural Gas Pipeline Co. of Amer­ 117.0 14.65 O kla. A 2-10-67 tor), et al., 706 Bank of the T e x . 79109. ica, North Lovedale Field, Harper Southwest Bldg., Amarillo, CI66-824____ Marshall Exploration, Inc., 305 County, Okla. Southern Natural Gas Co., Logans- 13.82 15.025 T e x . 79109. C 2-15-67 West Rusk St., Marshall, Tex. port Field, De Soto Parish, La. CI67-1020... An-Soh Corp...____J_____ .... 75670. Arkansas Louisiana Gas Co., North 15.0 14.65 A 2-10-67 CI66-905...., Phillips Petroleum C o.*.„^ ...... Drummond Area, Garfield El Paso Natural Gas Co., Wilson 10 15.5 . A 3-25-66 14.65 County, Okla. Plant, Eunice Field, Lea County, CI67-1021.. Tenneco Oil Co. (Operator), 5-9-66» Daman Pipeline Co., Inc., Cisco 7.5 15.025 N . M ex. A 2-9-67 et al., Post Office Box 2511, CI66-1036.„. J. Gregory Merrion et al. (suc­ Springs Area, Grant County, El Paso Natural Gas Co., Flora 13.0 15.025 Houston, Tex. 77001. (CI62-185) cessor to Tidewater Oil Co.), U ta h . Vista Mesaverde Field, San Juan CI67-1022.. Sun Oil Co. (Rocky Mountain C 2-8-67 h c/o R o b e r t L . B ayless, B o x Mountain Fuel Supply Co., North 15.0 15.025 County, N . Mex. A 2-9-67 D ivision), 1608 Walnut St., 1541, F a rm in gton , N . M ex. Craig Field, Moffat County, Colo. Philadelphia, Pa. 19103. CI66-1278- .. Shell Oil Co., 50 West 50th St., Northern Natural Gas Co., Ellwood 12 17.0 14.65 CI67-1026... Robert Mosbacher et al., 502 C 2-15-67 New York, N .Y . 10020. Trunkline Gas Co., East Mulvey 17.0 15.025 Field, Ellis County Okla. A 2-13-67 Bank of Commerce Bldg., CI67-209.... Sinclair Oil & Gas Co., Post Field, Vermilion Parish, La. Arkansas Louisiana Gas Co., South 15.0 14.65 Houston, Tex. 77002, G 2-14-67 O ffice B o x 521, T u lsa , O kla. Bokoshe Field, La Flore County, CI67-1027-. Lyons Petroleum (Operator) 74102. Trunkline Gas Co., Southwest Lake 21.25 15.025 O kla. A2-13-67 et al., 1500 Beck Bldg., CI67-999... Texam Oil Corp. (formerly Arthur Field, Cameron Parish, Transcontinental Gas Pipe Line D ep le te d Shreveport, La. 71102. L a . B 2-6-67' Producers Corp. of Nevada), Corp., Tynan Field, Bee County, CI67-1031___ The Shamrock Oil & Gas Corp. Northern Natural Gas Co., acreage 17.0 1465 Post Office Box l663, Midland, T e x . (C 165-702) (successor to Gulf Oil Corp.), T e x . 79701. in Hansford County, Tex. F 2-13-67 P o s t O ffice B o x 631, A m a rillo , CI67-1002-. G eorge R . B ro w n et al., c/o J. L . Texas Eastern Transmission Corp., 15.0 14.65 T e x . 79105 A 2-9-67 Bianchi, attorney, 1201 San North Panther Reef Field, Cal­ CI67-1032... Gulf Oil Corp., Post Office Box United Gas PipeLine Co., Carthage Jacinth Bldg., Houston, Tex. houn County, Tex. B 2-13-67 1589, T u ls a , O kla. 74102. '(“) 77002. Field, Panola County, Tex. CI67-1034___ John Franks (Operator) et al., Arkansas Louisiana Gas Co., North­ CI67-1003. . National Cooperative Refinery 13.9033 15.025 Panhandle Eastern Pipe Line Co., 17.0 14.65 (C 166-8) (successor to Austral O il Co., west Colquitt Field, Clâibome A 2-9-67 Association, 500 Farmers & acreage in Texas County, Okla. F 2-10-67 Inc. (Operator), et al.), Post Parish, La. B ankers B ld g ., W ich ita, H ans. O ffice B ox 1200,1007 P etro le­ 67202. um Tower, Shreveport, La. Filing code: A - -Initial service. 71102. CI67-1035... B- -Abandonment. Rosenthal, Cook & Green et Transcontinental Gas Pipe Line D ep le te d B 2-10-67 C - -Amendment to add acreage. al., 250 North Canon D n, Corp., South Tilden Field, M c­ D - -Amendment to delete acreage. Beverly Hills, Calif. 90210. Mullen County, Tex. CI67-1036-. E - -Succession. Evm ar Oil Corp. (successor to El Paso Natural Gas Co., Spraberry * 17.2295 14.65 F 2-6-67 F- -Partial succession. Joseph S. Grass). Trend Area Field, Glasscock County, Tex. See footnotes at end of table;

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3855 Tariff—Supplement 57 to Southern P res­ Freight Association, agent, "tariff ICC Docket No. sure A p p lic a n t Purchaser, fie ld , and lo cation P ric e p er M c f and date file d base S-600. FSA No. 40923—Chlorine to Kingsport, Tenn. Filed by O. W. South, Jr., agent 14.65 CI67-1039— W . G. Rogers et al., c/o Jacob Panhandle Eastern Pipe Line Co., *17.0 (No. A4994), for interested rail carriers. A 2-10-67 Goldberg, Attorney, 810 Mocane-Laveme Area, Beaver Pennsylvania Ave., Wash­ County, Okla. Rates on chlorine, in tank carloads, from ington, D .C . 20004. Acme, N.C., to Kingsport, Tenn. CI67-1040-- Ann K . Wise, 585 South Negley The Manufacturers Light & H e a t 22.5 15.325 A 2-13-67 A ve., Pittsburgh, Pa. 15232. Co., Somerset Township, Wash­ Grounds for relief—Market competi­ ington County, Pa. tion. 3167-1041— Bridwell Oil Co., Post Office Coastal States Gas Producing Co. D e p le te d et al., Johns Field Area, Duval Tariff— Supplement 76 to Southern B 2-13-67 B o x 1830, W ic h ita F a lls , T e x . 76307. County, Tex. (15) Freight Association, agent, tariff ICC 3167-1042— Robert Mosbacher______Tennessee Gas Pipeline Co., a divi­ sion of Tenneco, Inc., North Tex- S-517. B 2-13-67 ana Field, Jackson County, Tex. FSA No. 40924—Chlorine to Port St. Texas Gas Transmission Corp., » 16.75 15.025 1167—1043— Vernon J. Main, Jr., c/o Oberlin Field, Allen Parish, La. Joe, Fla. Filed by O. W. South, Jr., A 2-13-67 Duncan M. Smith, Jr., attorney, Post Office Box agent (No. A4995), for interested rail 51643, O il C e n ter S tation, carriers. Rates on chlorine, in tank Lafayette, La. 70501. 717.0 14.65 CI67-1044—. An-Son Corp ______Panhandle Eastern Pipe Line Co., cars, in shipments of not less than 5 tank South Keyes Field, Cimarron A 2-13-67 carloads, from Vicksburg, Miss., and County, Okla. 14.0 14.65 Memphis, Tenn., to Port St. Joe, Fla. CI67-1045— Westmore Drilling-Co., Inc. Colorado Interstate Gas Co., Nurse Northeast Pool, Barber County, A 2-14-67 (Operator), et al., Post Office Grounds for relief—Market competi­ B o x 206, M ed icin e L o d g e , K an s. tion. K à n s. 67202. Colorado Interstate Gas Co., North­ 7716.8 14.65 CI67-1046___ Pan American Petroleum Corp. Tariffs—Supplements 134 and 124 to (CI61-478) (successor to W . B . Osborn, east Lemon Field, Haskell Southern Freight Association, agent, F 2-1 3 -er Jr., et al.). County, Okla. Consolidated Gas Supply Corp., 25.0 15.325 CI67-1047— D elta Producing Corp., c/o tariffs ICC S-397 and S-484, respectively. Glenville District, Gilmer Coun­ A 2-15-67 James N . Ryan, vice presi­ FSA No. 40925—Phosphatic fertilizer dent, Post Office Box 2051, t y , W . V a . Clarksburg, W. Va. 26301. solution to Henry, III. Filed by O. W. Wunderlich Development Co., acre­ 6.2 14.65 CI67-1048— Lonita O il Corp., Inc., 704 South, Jr., agent (No. A4996), for in­ age in Cowley County, Kans. A 2-15-67 Bitting Bldg., Wichita, Kans. terested rail carriers. Rates on phos­ 67202. 25.0 15.325 C167-1049__ Central Gas Co., et al., Post Consolidated Gas Supply Corp., phatic fertilizer solution, in tank car­ Sheridan District, Calhoun Coun­ A 2-15-67 O ffice B o x 1223, C harleston, loads, but not less than 200,000 pounds W . V a . 25324. t y , W . V a . D ep le te d C167-1050__ George C. McGhee (Operator) Texas Gas Transmission Corp., per car, subject to volume minimum of South Bayou Mallett Field, B 2-14-67 et al., c/o Drew Cornell, Inc., not less than 2,000 net tons per shipment, Post Office Box 51267, Oil A c a d ia P arish , L a . Center Station, Lafayette, from Ridgewood, Fla., to Henry, 111. L a . 70501. Grounds for relief—Truck-barge com­ petition. 1 Amendment to the certificate filed to increase daily contract quantity. fn Tariff—Supplement 26 to Southern 2 By letter dated Jan. .25, 1967, Applicant advised willingness to accept permanent authorization pursuant to Freight Association, agent, tariff ICC Opinion Nos. 468 and 468-A. ■ , 3 Applicable area rate for residue gas derived from new gas well gas. S—632. 1 Ap p lica b le area ra te fo r residue gas n o t d e r iv e d fro m n e w gas w e ll gas. FSA No. 40926—Potassium (potash) to s Rate in efleet subject to refund in Docket N o. RI60-74. initial rato of 16 cen ts ner e Application previously noticed Aug. 4, 1965, in Docket Nos. G-3629 et al. at a total initial rate of 16 centsper points in Idaho, Oregon, and Washing­ ton. Filed by G. H. Mitchell, agent (No. i Subject to upward and downward B.t.u. adjustment. 14), for interested rail carriers. Rates * B ^lett^dated ^ J a n ^ f lf^ T p j^ c a n t advised willingness to accept permanent authorization pursuant to on potassium (potash), in carloads, as

0?»iB “ e area m tVsubj^t'to further adjustment for quality deviations plus State and local production taxes in effect described in the application, from Cut-

as Of S ept. 1,1965. _ j . , . X1. r»T*o iq k arm, Saskatchewan, Canada, to points ii Adds acreage acquired from Tidewater Oil Co., Docket No. CI62 185. in Idaho, Oregon, and Washington. 2 Ip p lS a S s S iK rw im .«n e !s to accept permanent ¿ertffleate ccntatnlns conditions »¡milar to those imposed Grounds for relief—Market competi­ tion. V t fS S v S A v l S iS S d e ^ r A S S fi«:™ , Is it anticipated that an, farther dclherl.. trill be made. Tariff—Supplement 35 to G. H. Mitch­ 15 W ell ceased to produ ce in 1964. ell, agent, tariff ICC 144. ¡7 in clu d es 0.8 centupwardB^m fiS^stm ent. Subject to upward and downward B.t.u. adjustment. [F.R. Doc. 67-2493; Filed, Mar. 7,1967; 8:45 a.m.] By the Commission. [ s e a l] H . N e il G a r s o n , Tariff—Supplement 253 to Southern Secretary. Freight Association, agent, tariff ICC INTERSTATE COMMERCE [F.R. Doc. 67-2560; Filed, Mar. 7, 1967; S-40. 8:47 a.m.] FSA No. 40921—Chlorine to Louisville, COMMISSION Ky. Filed by O. W. South, Jr., agent FOURTH SECTION APPLICATIONS (No. A4992), for interested rail carriers. [No. MC—0-5388] FOR RELIEF Rates on chlorine, in tank cars, in ship­ ments of not less than 5 tank carloads, ARROW CARRIER CORP. M arch 3,1967. from Acme, N.C., and Brunswick, Ga., to Petition for Declaratory Order To Protests to the granting of an applica­ Louisville, Ky. Terminate Controversies and Re­ tion must be prepared in accordance with Grounds for relief—Market competi­ Rule 1.40 of the general rules of practice tion. move Uncertainties in Operating (49 CFR 1.40) and filed within 15 days Tariffs—Supplements 76 and 57 to Authority from the date of publication of this Southern Freight Association, agent, M arch 3, 1967. notice in the F ederal R eg iste r . tariffs ICC S-517 and S-600, respectively. Petitioner; ARROW CARRIER COR­ L o n g - a n d -S h o r t H a u l FSA No. 40922—Chlorine to Kingsport, PORATION, 50 Moonachie Avenue, Carl- FSA No. 40920— Clay to Newark, Ohio. Tenn. Filed by O. W. South, Jr., agent stadt, N.J. Petitioner’s attorneys: Filed by O. W. South, Jr., agent (No. (No. A4993), for and on behalf of South­ Bryce Rea, Jr., Thomas M. Knebel, 1329 E Street NW., Washington, D.C. 20004, A4991), for interested rail carriers. ern Railway Co. Rates on chlorine, in and Ralph S. Snyder, 1719 Packard Rates on clay, kaolin or pyrophyllite, in tank carloads, from Brunswick, Ga., to carloads, from Aberdeen and Amory, Building, Philadelphia, Pa. 19102. By Kingsport, Tenn. Miss., to Newark, Ohio. petition filed January 25,1967, petitioner Grounds for relief—Market competi­ Grounds for relief—Market competi­ states that it holds certificate No. MC- tion. tion. 71536 and subs thereunder, authorizing

FEDERAL REGISTER. VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3856 NOTICES

the transportation of property, in inter­ by the Interstate Commerce Commis­ thence over Illinois Highway 65 to Au­ state or foreign commerce, between sion. Any interested person or persons rora, 111., thence over Illinois Highway points in the States of Vermont, New desiring to participate in the matter may . 31 to junction U.S. Highway 34, thence York, New Jersey, Pennsylvania, Dela­ do so by filing an original and six copies oyer U.S. Highway 34 to junction Illinois ware, Maryland, Virginia, and the Dis­ of his or their written representations, Highway 92, thence over Illinois High­ trict of Columbia, and that, specifically, views, or arguments, in support of, or way 92 to Rock Island, 111., thence over it is authorized to transport general against the petition, within 30 days from U.S. Highway 6 to-Omaha, Nebr., and re­ commodities, with exceptions: (1) Under the date of publication in the F ederal turn over the same routes. Sub-No. 3, between Philadelphia, Pa., R e g ister . on the one hand, and, on the other, No. MC 21170 (Deviation No. 4), BOS points within 15 miles of Philadelphia, By the Commission. LINES, INC., 408 South 12th Avenue Marshalltown, Iowa 50518, filed February and (2) under Sub-No. 1, between Allen­ [ s e a l ] H . N e il G ar so n , town and Morrisville, Pa., serving all in­ 21, 1967. Carrier proposes to operate as Secretary. a common carrier, by motor vehicle, of termediate points, and between Allen­ [F.R. Doc. 67-2561; Filed, Mar. 7, 1967; general commodities, with certain excep­ town, Pa., and numerous Pennsylvania 8:47 a.m.] tions, over a deviation route as follows: points, including those listed above. From Chicago, 111., over Interstate High­ Petitioner states that on December 15, [Notice 436] way 55 to junction Interstate Highway 1966, it relocated its Philadelphia, Pa., 80, thence over Interstate Highway 80 terminal at Pennsauken, N.J. (directly to Omaha, Nebr., and return over the across the Delaware River from Phil­ MOTOR CARRIER ALTERNATE ROUTE DEVIATION NOTICES same route, for operating convenience adelphia), which new terminal it uses only. The notice indicates that the car­ as an interchange point and as the con­ M ar c h 3, 1967. rier is presently authorized to transport solidation and break-bulk point on all The following letter-notices of pro­ the same commodities, over pertinent traffic it moves from or to Philadelphia. posals to operate over deviation routes service routes as follows: ( 1) From Chi­ Since the relocation of the Philadelphia for operating convenience only have been cago, 111., over Illinois Highway 64 to St. terminal at Pennsauken, shippers at filed with the Interstate Commerce Com­ Charles, 111., thence over Illinois High­ Philadelphia, who use the service of pe­ mission, under the Commission’s devia­ way 31 to Geneva, 111., thence over Alter­ titioner in the movements of shipments tion rules revised, 1957 (49 CFR 211.1 nate U.S. Highway 30 to junction U.S. to points beyond Pennsylvania, have be­ (c) (8) ) and notice thereof to all inter­ Highway 30, thence over U.S. Highway 30 gun commingling with such shipments ested persons is hereby given as provided to junction Iowa Highway 131, thence and tendering to petitioner other ship­ in such rules (49 CFR 211.1(d)(4)). over Iowa Highway 131 to Belle Plaine, ments destined to points within Pennsyl­ Protests against the use of any pro­ Iowa, thence over Iowa Highway 212 to vania such as Allentown, Bethlehem, and junction U.S. Highway 30, thence over Scranton. posed deviation route herein described may be filed with the Interstate Com­ U.S. Highway 30 to Missouri Valley, Petitioner states it is accepting these merce Commission in the manner and Iowa, thence over U.S. Highway 75 to shipments and handling them in the form provided in such rules (49 CFR Omaha, Nebr., thence over U.S. Highway normal course of its operations, that is, 2 11.1 (e )) at any time, but will not oper­ 275 to junction U.S. Highway 30, thence moving them in pickup vehicles to its ate to stay commencement of the pro­ over U.S. Highway 30 to Kearney, Nebr., terminal at Pennsauken and there con­ posed operations unless filed within 30 (2) from Chicago, HI., to Missouri Valley, solidating them in over-the-road vehicles days from the date of publication. Iowa, as specified above, thence over U.S. with shipments that are terminated Successively filed letter-notices of the Highway 30 to Kearney, Nebr., and (3) there in the course of movement from same carrier under the Commission’s from Chicago, 111., over U.S. Highway 34 points in New Jersey within 15 mites of deviation rules revised, 1957, will be m m . to junction Hlinois Highway 65, thence Philadelphia, Delaware, Maryland, Vir­ bered consecutively for convenience in over Illinois Highway 65 to Aurora, 111., ginia, and the District of Columbia, on identification and protests if any should thence over Illinois Highway 31 to junc­ the one hand, to points such as Allen­ refer to such letter-notices by number. tion U.S. Highway 34, thence over U.S. town, Bethlehem, and Scranton, on the Highway 34 to junction Illinois Highway other. The commingled shipments are M otor C arriers o f P r o p e r t y 92, thence over Illinois Highway 92 to then dispatched in line haul service and No. MC 21170 (Deviation No. 3), BOS Rock Island, 111., thence over U.S. High­ routed as follows: Utilizing Arrow’s Sub- LINES, INC., 408 South 12th Avenue, way 6 to Omaha, Nebr., thence over No. 3 authority permitting transporta­ Marshalltown, Iowa 50518, filed February Nebraska Highway 38 to junction un­ tion between Philadelphia, Pa., on the 21, 1967. Carrier proposes to operate numbered highway, thence over unnum­ one hand, and, on the other, points with­ as a common carrier, by motor vehicle, bered highway to Millard, Nebr., thence in 15 miles of Philadelphia, the vehicle of general commodities, with certain ex­ over Nebraska Highway 31 to junction proceeds across the Palmyra Bridge and ceptions, over a deviation route as fol­ U.S. Highway 6, thence over U.S. High­ follows Route 73 to Lansdale, Pa„ an in­ lows: From Chicago, 111., over Interstate way 6 to Hastings, Nebr., and return over termediate point between Allentown and Highway 55 to junction Interstate High­ the same routes. Morrisville (Sub-No. 1) and within the way 270 (east of St. Louis, M o.), thence No. MC 21170 (Deviation No. 5), BOS 15-mite radial authority of Sub-No. 3; over Interstate Highway 270 to junction LINES, INC., 408 South 12th Avenue, tackmg these authorities, the vehicle Interstate Highway 70 (west of St. Louis, Marshalltown, Iowa 50518, filed Febru­ proceeds on U.S. 309 to U.S. 22, thence Mo.), thence over Interstate Highway 70 ary 21,1967. Carrier proposes to operate to Arrow’s terminal at Bethlehem, from to Kansas City, Mo., and return over the as a common carrier, by motor vehicle, which point the shipments are routed same route, for operating convenience of general commodities, with certain ex­ to their destinations under Arrow’s au­ only. The notice indicates that the car­ ceptions, over a deviation route as fol­ thority in Sub-No. 1 and its original rier is presently authorized to transport lows: From Chicago, 111., over Interstate certificate. Petitioner, states that to a the same commodities, over pertinent Highway 55 to junction Interstate High­ lesser extent a similar service on com­ service routes as follows: ( 1 ) From Kan­ way 80, thence over Interstate Highway mingled shipments is provided in the re­ sas City, Kans., over city streets to Kan­ 80 to Des Moines, Iowa, and return over verse direction. Petitioner prays that sas City, Mo., thence over Alternate U.S. the same route, for operating conveni­ the Interstate Commerce Commission Highway 69 to junction U.S. Highway 69, ence only. The notice indicates that the issue an order declaring that the trans­ thence over U.S. Highway 69 via Came­ carrier is presently authorized to trans­ portation described above, of shipments ron, Mo., to Ames, Iowa, (2) from Kan­ port the same commodities over a perti­ originating at a point in Pennsylvania, sas City, Kans., to Kansas City, Mo., as nent service route as follows: From and moving to the Pennsauken terminal, specified above, thence over U.S. High­ Chicago, HI., over U.S. Highway 34 to and then moving to another point in way .71 to St. Joseph, Mo., thence over junction Hlinois Highway 65, thence Pennsylvania, is in interstate commerce, U.S. Highway 36 to Cameron, Mo., thence over niinois Highway 65 to Aurora, 111., and is being lawfully performed by pe­ to Ames, Iowa, as specified above, and thence over Illinois Highway 31 to junc­ titioner under the certificates of public (3) from Chicago, 111., over U.S. High­ tion U.S. Highway 34, thence over U.S. convenience and necessity issued to it way 34 to junction Illinois Highway 65, Highway 34 to junction Illinois Highway

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3857

92, thence over Illinois Highway 92 to [Notice 1034] An order of the Commission, Operat­ Rock Island, HI., thence over U.S. High­ ing Rights Board No. 1, dated January MOTOR CARRIER APPLICATIONS AND 27, 1967, and served February 23, 1967, way 6 to Omaha, Nebr., and return over CERTAIN OTHER PROCEEDINGS finds that the present and future public the same route. convenience and necessity require opera­ M arch 3, 1967. M otor C arriers o f P assengers tion by applicant, in interstate or foreign The following publications are gov­ No. MC 1515 (Deviation No. 361) commerce, as a common carrier by motor erned by Special Rule 1.247 of the Com­ vehicle, over irregular routes, of (A ) (1) HOUND LINES, INC. (Southern Divi­ mission’s rules of practice, published in sion), 219 East Short Street, Lexington, trailers, semitrailers, trailer chassis, and the F ederal R egister issue of April 20, Ky. 40507, filed February 21,1967. Car­ semitrailer chassis (except those designed 1966, which became effective May 20, to be drawn by passenger automobile), rier proposes to operate as a common 1966. carrier, by motor vehicle, of passengers in initial movements, in truckaway and The publications hereinafter set forth driveaway service, (2) truck bodies and and their baggage, and express and news­ reflect the scope of the applications as papers in the same vehicle with passen­ trailer bodies, and containers (except filed by applicant, and may include de­ such of these commodities which because gers, over deviation routes as follows: scriptions, restrictions, or limitations (1) From junction Interstate Highway 24 of size or weight require the use of which are not in a form acceptable to the special equipment), and (3) materials, and U.S. Highway 41 at Monteagle, Commission. Authority which ulti­ Tenn., over Interstate Highway 24 to supplies, and parts used in the manu­ mately may be granted as a result of the facture, assembly or servicing of the junction U.S. Highway 41, 6.4 miles south applications here noticed will not neces­ of Hillsboro, Tenn., with the following commodities described in ( 1 ) and (2) sarily reflect the phraseology set forth in above (except such of these commodities access route: From junction Interstate the application as filed, but also will Highway 24 and Tennessee Highway 50 which because of size or weight require eliminate any restrictions which are not the use of special equipment), when over Tennessee Highway 50 to Pelham, acceptable to the Commission. Tenn., (2) from South Pittsburg, Tenn., moving in mixed loads with such com­ over Interstate Highway 24, for a dis­ A pplications A ssig ned for O ral H earing modities; from points in Lee County, Iowa, and those in Lower Swatara Town­ tance of 12 miles to junction U.S. High­ MOTOR CARRIERS OF PROPERTY ship (Dauphin County), Pa., to points in way 41 at the foot of Monteagle Moun­ tain, and (3) from Chattanooga, Tenn., No. MC 4405 (Sub-No. 444) (Republi­ the United States (including Alaska, but over Interstate Highway 24 for a distance cation), filed July 20, 1966, published excluding H aw aii); (B) tractors, in sec­ ondary movements, in driveaway service, of 6 miles to junction U.S. Highways 11 F ederal R egister issue of August 18, 1966, and republished this issue. Ap­ only when drawing trailers, semitrailers, and 41, and return over the same routes, trailer chassis, or semitrailer chassis, for operating convenience only. The no­ plicant: DEALERS TRANSIT, INC., 13101 South Torrence Avenue, Chicago, moving in initial movements in drive­ tice indicates that the carrier is presently- away service, from points in Lee County, authorized to transport passengers and 111. 60633. Applicant’s representative: Iowa, and those in Lower Swatara Town­ the same property, over a pertinent serv­ James W. Wrape, 2111 Sterick Build­ ing, Memphis, Tenn. 38103. By ap­ ship (Dauphin County), Pa., to points ice route as follows: From Murfreesboro, in Alaska, Arizona, Nevada, Oregon, and Tenn., over U.S. Highway 41 to Chat­ plication filed July 20, 1966, applicant tanooga, Tenn., thence over U.S. High­ seeks a certificate of public conven­ Vermont, and way 11 via Attalla and Springville, Ala., ience and necessity authorizing oper­ (C) Returned shipments of the com­ to Birmingham, Ala. (also from Attalla, ation, in interstate or foreign com­ modities described in A and B above, on Ala., over Alternate U.S. Highway 11 to merce, as a common carrier by motor return from the respective destination Springville, Ala.), and return over the vehicle, over irregular routes, of ( 1 ) points to the respective origin points; that applicant is fit, willing, and able same routes. trailers, semitrailers and trailer chassis No. MC 1515 (Deviation No. 362), and semitrailer chassis (except those properly to perform such service and to GREYHOUND LINES, INC. (Eastern designed to be drawn by passenger conform to the requirements of the In ­ Division), 1400 West 3d Street, Cleve­ automobiles), in initial movements in terstate Commerce Act and the Commis­ land, Ohio 44113, filed February 24,1967. truckaway and driveaway service, (2) sion’s rules and regulations thereunder. Carrier proposes to operate as a common bodies and containers (except containers Because it is possible that other parties, carrier, by motor vehicle, of passengers having a capacity of 5 gallons or less of who have relied upon the notice of the and their baggage, and express and 9 cubic feet or less), (3) material sup­ application as published, may have an newspapers in the same vehicle with pas­ plies and parts used in the manufacture, interest in and would be prejudiced by sengers, over a deviation route as follows: assembly or servicing of the commodities the lack of proper notice of the author­ From Rochester, N.Y., over Interstate described in paragraphs ( 1 ) and (2) ity described in the findings in this or­ Highway 490 to Interchange No. 45 of above when moving in mixed loads with der, a notice of the authority actually granted will be published in the F ederal the New York State Thruway, and re­ such commodities; from points in Lee turn over the same route, for operating County, Iowa, and Lower Swatara Town­ R eg ister and issuance of a certificate in this proceeding will be withheld for convenience only. The notice indicates ship, Dauphin County, Pa., to points in a period of !30 days from the date of such that the carrier is presently authorized the United States, including Alaska, but excluding Hawaii, with the restriction publication, during which period any to transport passengers and the same that all of the authority requested in proper party in interest may file an ap­ property, over pertinent service routes (2) and (3) above is restricted against the propriate petition for leave to intervene as follows: (1) From Suffem, N.Y. (In­ transportation of commodities which be­ in this proceeding. terchange No. 15), over the New York cause of size or weight require the use No. MC 102616 (Sub-No. 810) (Repub-* State Thruway to Buffalo, N.Y. (Inter­ of special equipment, (4) tractors, in lication), filed October 6, 1966, published change No. 50), and (2) from Rochester, secondary driveaway, only when drawing F ederal R egister issue of October 20, trailers, semitrailers, trailer chassis, or 1966, and republished this issue. Appli­ N.Y., over New York Highway 96 to In ­ semitrailer chassis, moving in initial cant: COASTAL TANK LINES, INC., 501 terchange No. 45 of the New York State driveaway service, from points in Lee Grantley Road, York, Pa. Applicant’s Thruway, and return over the same County, Iowa, and Lower Swatara Town­ representative: Harold G. Hemly, 711 routes. ship, Dauphin County, Pa., to points in 14th Street NW„ Washington, D.C. Alaska, Arizona, Nevada, Oregon, and 20005. By application filed October 6, By the Commission. Vermont, and (5) refused, rejected, and 1966, applicant seeks a certificate of pub­ [ s e a l] H. N e il G a r so n , damaged shipments of the commodities lic convenience and necessity authorizing Secretary. described herein above, on return, in operation, in interstate or foreign com­ [F.R. Doc. 67-2562; Filed, Mar. 7, 1967; connection with (1), (2), (3), and (4) merce, as a common carrier by motor 8:47 a.m.] above. _ vehicle, over irregular routes, of pulver-

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3858 NOTICES

ized anthracite coal, in bulk, in vehicles regulations thereunder. Because it is Rockland, Rumford, Sanford, South Ber­ equipped with pneumatic unloading de­ possible that other parties, who have wick, South West Harbor, Warren, vices, from Shamokin, Pa., to Trenton, relied upon the notice of the applica­ Waterville, Wilton, and Yarmouth! N.J. An order of the Commission, Op­ tion as published, may have an interest Maine; points in Ashland, Bennington! erating Rights Board No. 1, dated Janu­ in and would be prejudiced by the lack Berlin, Charleston, Chester, Claremont! ary 27, 1967, and served February 23, of proper notice of the authority Concord, Errol, Francetown, Gorham! 1967, finds that the present and future described in the findings in this order, a Greenville, Hampton, Hanover, Hillsboro! public convenience and necessity require notice of the authority actually granted Hopkinton, Hudson, Keene, Lancaster! operation by applicant, in interstate or will be published in the F ederal R egister Littleton, Manchester, Milford, Milton! foreign commerce, as a common carrier and issuance of a certificate in this Nashua, New London, New Market, New­ by motor vehicle, oyer irregular routes, proceeding will be withheld for a period port, North Sutton, Pittsfield, Plymouth, of pulverized anthracite coal, in bulk, of 30 days from the date of such publica­ Raymond, Rindge, Rochester, Somers- from Shamokin, Pa., to Trenton, N.J.; tion, during which period any proper worth, Troy Whitfield, Wilton, Winches­ that applicant is fit, willing, and able party in interest may file an appropriate ter, Windham, and Woodsville, N.H., and properly to perform such service and to protest or other pleading. (b) between Philadelphia, Pa., on the one conform to the requirements of the In­ No. MC 111729 (Sub-No. 168) (Repub­ hand, and, on the other, points in Cum­ terstate Commerce Act and the Commis­ lication), filed September 13, 1966, pub­ berland, Gloucester, Camden, Salem, At­ sion’s rules and regulations thereunder. lished F ederal R egister issue of October lantic, Cape May County, N.J.; (3) meter Because it is possible that other parties, 6, 1966, and republished this issue. books, meter reading scan sheets, sales who have relied upon the notice of the Applicant: AMERICAN COURIER slips, cashier payment stubs, data runs application as published, may have an CORPORATION, 222—17 Northern and audit media, between Westboro, interest in and would be prejudiced by Boulevard, Bayside, N.Y. 11361. Ap­ Mass., on the one hand, and, on the other, the lack of proper notice of the author­ plicant’s representative: Russell S. Bern- Lebanon, N.H., and Providence, R.I.; ity described in the findings in this or­ hard, 1625 K Street NW „ Washington, der, a notice of the authority actually (4) Checks, business papers, records D.C. By application filed September 13, and audit and accounting media of all granted will be published in the F ederal 1966, and amended, applicant seeks a kinds (excluding plant removals), (a) R egister and issuance of a certificate in certificate of public convenience and this proceeding will be withheld for a between points in Hartford County, necessity authorizing operation, in inter­ Conn., on the one hand, and, on the other,' period of 30 days from the date of such state or foreign commerce, as a common publication, during which period any points in Nassau County, N.Y., and (b) carrier by motor vehicle, over irregular between Clifton, N.J., on the one hand, proper party in interest may file an ap­ routes, of: ( 1 ) Radiopharmaceuticals, propriate protest or other pleading. and, on the other, points in Fairfield, radioactive drugs, and medical isotopes, Litchfield, and New Haven Counties, No. MC-105813 (Sub-No. 145) (Repub­ limited to shipments not exceeding 75 Conn., points in Nassau (except Great lication), filed July 15, 1966, published pounds per shipment, (a) between New Neck), Suffolk, Richmond, Westchester, F ederal R egister issue of August 4, 1966, York, N.Y., on the one hand, and, on the Sullivan, Rockland, Orange and Dutchess and republished this issue. Applicant:. other, points in Maryland, Massachu­ Counties, N.Y., and points in Bucks, BELFORD TRUCKING CO., INC., 3500 setts, Pennsylvania, Rhode Island, Lehigh, Northampton, Chester, Delaware, Northwest 79th Avenue, Miami, Fla. Virginia, and the District of Columbia, Berks, and Lancaster Counties, Pa.; (5) 33144. Applicant’s representative: Carl (b) between Boston, Mass., on the one payroll checks, business papers, records, L. Steiner, 39 South La Salle Street, hand, and, on the other, points in checks and audit and accounting media Chicago, 111. 60603. By application filed Connecticut, Massachusetts, and Rhode of all kinds, sales and advertising pam­ July 15,1966, applicant seeks a certificate Island, restricted to traffic having an im­ phlets moving therewith (excluding plant of public convenience and necessity, mediately prior or subsequent movement removals), between Washington, D.C., authorizing operation, in interstate or by air, (c) between Washington, D.C., on the one hand, and, on the other, foreign commerce, as a common carrier and Dulles Airport, Fairfax, Va., on the points in Philadelphia County, Pa.; and by motor vehicle, over irregular routes, one hand, and, on the other, points in ( 6) business papers, records, and audit of fresh meats, packinghouse products, Maryland etnd Virginia, restricted to and accounting media of all kinds (ex­ and articles distributed by packing­ traffic having an immediately prior or cluding plant removals), (a) between houses, from plantsite or storage facili­ immediately subsequent movement by New York, N.Y., on the one hand, and, on ties of the Rath Packing Co., at Birming­ air, '(d ) between Bradley Field and the other, Searsport and South Portland, ham, Ala., to Miami, Tampa, and Windsor Locks, Conn., on the one hand, Maine, Fall River and Waltham, Mass.; Panama City, Fla., restricted to partial and, on the other, points in Connecticut, East Brooklyn, Md.; and Springfield, Va., loadnig of shipments originating at the restricted to traffic having an immedi- 1 and (b) between New York, N.Y., on the plantsite or storage facilities of the Rath ately subsequent movement by air, (e) Packing Co., at Waterloo, Hawarden, or one hand, and, on the other, Paramus, between Baltimore, Md., oir the one N.J. - Columbus Junction, Iowa. An order of hand, and, on the other, points in Mary­ the Commission, Operating Rights Board land and the District of Columbia, An order of the Commission, Operat­ No. 1, dated January 26,1967, and served restricted to traffic having an immedi­ ing Rights Board No. 1, dated January March 1,1967, finds that the present and ately prior or subsequent movement by 27, 1967, and served February 28, 1967, future public convenience and necessity air; finds that in No. MC 112750 (Sub-No. 73), Armored Carrier Corp.—Exten­ require operation by applicant, in inter­ (2) Exposed and processed film and state or foreign commerce, as a common sion— Vermont, 102 M.C.C. 411, on fur­ prints, complimentary replacement film, ther hearing, the' Commission ( 1 ) found carrier by motor vehicle, over irregular incidental dealer handling supplies, con­ routes, of meats, meat products, and that the transportation by applicant of sisting of labels, envelopes, and packag­ cash letters for banks and banking in­ meat byproducts and articles distributed ing materials and advertising literature by meat packinghouses, as described in stitutions is that of a contract carrier by moving therewith (excluding motion pic­ motor vehicle as defined by section 203 sections A and C of appendix I to the re­ ture film used primarily for commercial port in Description in Motor Car­ (a) (15) of the act, while the remainder theater and television exhibition),, (a) of its operations, including transporta­ rier Certificates, 61 M.C.C. 209, 766, from between Fitchburg, Mass., on the one the plantsite or storage facilities of the tion of the kind such as set forth in this hand, and, on the other, points in Con­ application here before us, are those of Rath Packing Co. at Birmingham, Ala., necticut, Rhode Island, and Ashland, to Miami, Tampa, and Panama City, Fla., a common carrier; (2) directed appli­ Auburn, Biddeford, Bingham, Brownville cant, in the case of those of its existing restricted to the transportation of ship­ Junction, Buckport, Calais, Camden, ments originating at the said plantsite operations found to be common carriage, Chrisholm, Ellsworth, Fort Kent, Green­ to file appropriate applications to effec­ or storage facilities; that applicant is fit, ville Junction, Hiram, Kittery, Lewiston, willing, and able properly to perform tuate the conversion of said contract Locke Mille, Lubec, Machais, Madison, carrier permits to corresponding com­ such service and to conform to the re­ Mexico, Millinocket, Mount Desert, quirements of the Interstate Commerce mon carrier certificates, which conver­ Naples, Newcastle, Newport, Norway, sion applications have been since filed Act and the Commission’s rules and Oakland, Portland, Porter, Presque Isle, and granted, but that appropriate

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3859

(a) between points in Hartford County, Montgomery, and Philadelphia Counties, certificates have not as yet been Pa., (2) business papers, records and au­ since filed and granted^ but that appro­ Conn., on the one hand, and, on the other, points in Nassau County, N.Y., dit and accounting media of all kinds priate certificates have not as yet bfeen (excluding plant removals), between issued. That the present and future and (b) between Clifton, N.J., on the Dayton, Ohio, on the one hand, and, on public convenience and necessity require one hand, and, on the other, points in the other, points in Indiana, Kentucky operation by applicant, in interstate or Fairfield, Litchfield, and New Haven foreign commerce, as a common carrier Counties, Conn., points in Nassau (ex­ (except Louisville), Michigan (except Wayne, Oakland, and Macomb Coun­ by motor vehicle, over irregular routes, cept Great Neck), Suffolk, Richmond, of (1) Radiopharmaceuticals, and medi­ Westchester, Sullivan, Rockland, Orange, ties) , and Pennsylvania, and (3) exposed and Dutchess Counties, N.Y., and points and processed film and prints, compli­ cal isotopes, (a) between New York, mentary replacement film, incidental N.Y., on the one hand, and, on the other, in Bucks, Lehigh, Northampton, Chester, points in Maryland, Massachusetts, Delaware, Berks, and Lancaster Counties, dealer handling supplies consisting of Pennsylvania, Rhode' Island, Virginia, Pa. (Payroll checks, business papers, labels, envelopes and packaging mate­ rials, and advertising literature moving and the District of Columbia, (b) be­ records, checks, audit and accounting therewith (excluding motion picture tween Boston, Mass.., on the one hand, media and sales and advertising pam­ phlets moving therewith (except cash film used primarily for commercial and, on the other, points in Connecticut, theatre and television exhibition), be­ Massachusetts, and Rhode Island, (c) letters) between Washington, D.C., on tween Des Plaines, HI., and Menomonee between Washington, D.C., and Dulles the one hand, and, on the other, points Falls, Wis. N o t e : Applicant holds con­ Airport, Fairfax, Va., on the one hand, in Philadelphia County, Pa., and (6) bus­ tract carrier authority in MC 112750 and and, on the other, points in Maryland and iness papers, records, and audit and ac­ counting media (except cash letters) (a) Subs, therefore dual operations may be Virginia. involved. (d) Between Bradley Field and Wind­between New York, N.Y., on the one An order of the Commission, Operat­ sor Locks, Conn., on the one hand, and, hand, and, on the other, Searsport and ing Rights Board No. 1, dated January on the other, points in Connecticut (e) South Portland, Maine; Fall River and between Baltimore, Md., on the one hand, Waltham, Mass.; East Brooklyn, Md.; 26, 1967, and served March 1, 1967, finds and, on the other points in Maryland and Springfield, Va., and that the present and future public con­ and the District of Columbia, restricted (b) Between New York, N.Y., and Para- venience and necessity require opera­ in (b), (c), (d), and (e) above to the mus, N.J.; that applicant is fit, will­ tion by applicant, in interstate or for­ transportation of traffic having an im­ ing, and able properly to perform such eign commerce, as a common carrier by mediately prior or immediately subse­ service and to conform to the require­ motor vehicle over irregular routes, of quent movement by air, and restricted in ments of the Interstate Commerce ( 1 ) ophthalmic goods and commercial (a) above against transportation of Act and the Commission’s rules and reg­ papers relating thereto and moving packages or articles weighing in the ag­ ulations thereunder; and that subsequent therewith (except cash letters), between gregate more than 75 pounds from one to or concurrently with issuance of cer­ Cleveland, Ohio, on the one hand, and, consignor to one consignee on any one tificates to applicant in Nos. MC 111729 on the other, points in Delaware, Mont­ day. ( 2) exposed and processed filmland (Sub-Nos. 169, 170, and 171), MC 126745 gomery, and Philadelphia Counties, Pa., prints, complimentary replacement film, (Sub-No. 19), and MC 127431 (Sub-No. (2) Business papers, records, audit and incidental dealer handling supplies and 8), an appropriate certificate should accounting media (except cash letters), advertising literature moving therewith be issued. That the holding by applicant between Dayton, Ohio, on the one hand, (excluding motion picture film used pri­ of the certificate authorized to be and, on the other, points in Indiana, marily for commercial theatre and tele­ issued in this proceeding and of. the per­ Kentucky (except Louisville), Michigan vision exhibition) (a) between Fitch­ mits issued or authorized to be issued in (except Wayne, Oakland, and Macomb burg, Mass., on the one hand, and, on Nos. 112750 and subs thereunder, MC Counties), and Pennsylvania, and (3) the other, points in Connecticut, Rhode 123304 and subs thereunder, and MC exposed and processed film and prints, Island, and Ashland, Auburn, Biddeford, 123486 and subs thereunder, will be con­ complimentary replacement film, inci­ Bingham, Brownville Junction, Buck- sistent with the public interest and na­ dental dealer handling supplies, and ad­ port, Calais, Camden, Chrisholm, Ells­ tional transportation policy. Because it vertising literature moving therewith worth, Fort Kent, Greenville Junction, is possible that other parties, who have (excluding motion picture film used pri­ Hiram, Kittery, Lewiston, Locke Mille, relied upon the notice of the application marily for commercial theatre and tele­ Lubec, Machais, Madison, Mexico, Mil- as published, may have an interest in vision exhibition), between Des Plaines, linocket, Mount Desert, Naples, New­ and would be prejudiced by the lack of 111., and Menomonee Falls, Wis.; that castle, Newport, Norway, Oakland, Port­ proper notice of the authority described applicant is fit, willing, and able properly land, Porter, Presque Isle, Rockland, in the findings of this order, a notice of to perform such service and to conform Rumf ord, Sanford, South Berwick, South the common carrier authority for which to the requirements of the Interstate West Harbor, Warren, Walterville, W il­ a need is found in this order will be pub­ Commerce Act and the Commission’s ton and Yarmouth, Maine; Ashland, lished in the F ederal R eg ister , and for rules and regulations thereunder; and Bennington, Berlin, Charleston, Chester, a period of 30 days from the date of that subsequent to or concurrently with Claremont, Concord, Errol, Francestown, such publication, any proper party in the issuance of certificates to applicant Gorham, Greenville, Hampton, Hanover, interest may file an appropriate protest in Nos. MC-111729 (Sub-No. 169, 170, Hillsboro, Hopkinton, Hudson, Keene, or other pleading. and 171), MC-126745 (Sub-No. 19), and Lancaster, Littleton, Manchester, Mil­ No. MC 111729 (Sub-No. 172) (Repub- MC—127431 (Sub-No. 8), an appropriate ford, Milton, Nashua, New London, New lication), filed October 10, 1966, pub­ certificate should be issued. Market, Newport, North Sutton, Pitts­ lished F ederal R egister issue of October That the holding by applicant of the field, Plymouth, Raymond, Rindge, 27,1966, and republished this issue. Ap­ certificate authorized to be issued in this Rochester, Somersworth, Troy, Whitfield, plicant: AMERICAN COURIER COR­ proceeding and of the permits issued or Wilton, Winchester, Windham, and PORATION, 222-17 Northern Boulevard, authorized to be issued in Nos. MC- Woodsville, N.H., and (b) between Phila­ Bayside, N.Y. 11361. Applicant’s repre­ 112750 and subs thereunder, MC-123304 delphia, Pa., on the one hand, and, on sentative: Russell S. Bernhard, 1625 K and subs thereunder, and MC-123486 the other, points in Cumberland, Street NW., Washington, D.C. 20006. By and subs thereunder, will be consistent Gloucester, Camden, Salem, Atlantic, application filed October 10, 1966, appli­ with the public interest and the national and Cape May Counties, N.J. cant seeks a certificate of public con­ transportation policy. Because it is pos­ (3) Meter hooks, meter reading scan venience and necessity authorizing oper­ sible that other parties, who have relied sheets, sales slips, cashier payment stubs, ation,- in interstate or foreign com­ upon the notice of the application as data runs, and audit media (except cash merce, as a common carrier by motor published, may have an interest in and letters) between Westboro, Mass., on the vehicle, over irregular routes, of ( 1 ) would be prejudiced by the lack of one hand, and, on the other, Lebanon, Ophthalmic goods and commercial proper notice of the authority described N.H., and Providence, R.L (4) Checks, papers (excluding plant removals), be­ in the findings in this order, a notice of business papers, records and audit and tween Cleveland, Ohio, on the one hand, the authority actually granted will be accounting media (except cash letters) and, on the other, points in Delaware, published in the F ederal R e g ister and

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 3860 NOTICES

issuance of a certificate in this proceed­ FREIGHTWAYS CORPORATION OF No. MC-F-9684. Authority sought for ing will be withheld for a period of 30 DELAWARE, 175 Linfield Drive, Menlo purchase by BUDIG TRUCKING CO., days from the date of such publication, Park, Calif., of the operating rights of 1100 Gest Street, Cincinnati, Ohio 452031 during which period any proper party in FRANK WOODROW, doing business as of a portion of the operating rights and interest may file an appropriate protest WESTERN TRANSPORT SERVICE, property of ROBERT HENNING, doing or other pleading. 2205 Osage Street, Sidney, Nebr., and business as HENNING TRUCKING No. MC 114647 (Sub-No. 18), (Repub­ for acquisition by CONSOLIDATED COMPANY, Batavia, Ohio, and for ac­ lication) , filed February 11, 1966, pub­ FREIGHTWAYS, INC., 1530 Russ Build­ quisition by OTTO M. BUDIG, OTTO M lished F ederal R egister issue of March ing, San Francisco, Calif., of control of BUDIG, JR., and GEORGE J. BUDIG, 3, 1966, and republished this issue. Ap­ such rights through the purchase. Ap­ all also of Cincinnati, Ohio, of control plicant: ROBERT E. PLETCHER, do­ plicants’ attorneys: Frank Woodrow, of such rights and property through the ing business as PLETCHER TRANS­ 2205 Osage Street, Sidney, Nebr., and purchase. Applicants’ attorneys: James FER & STORAGE, 605 East J Street, Robert K. Lancefield, 175 Linfield Drive, R. Stiverson, 50 West Broad Street, Co­ Forest City, Iowa. Applicant’s repre­ Menlo Park, Calif. Operating rights lumbus, Ohio 43215, and Jack B. Jossel- sentative: William L. Fairbank, 610 sought to be transferred: Refined petro­ son, 700 Atlas Bank Building, Cincinnati, Hubbell Building, Des Moines, Iowa leum products (except liquefied petro­ Ohio 45202. Operating rights sought 50309. By application filed February 11, leum gases), in bulk, as a common to be transferred: General commodities, 1966, applicant seeks a certificate of carrier, over irregular routes, from cer­ excepting, among others, household public convenience and necessity au­ tain specified points in Kansas, to cer­ goods and commodities in bulk, as a thorizing operation, in interstate or for­ tain specified points in Nebraska, from common carrier, over regular routes, be­ eign commerce, as a common carrier by Augusta, Kans., to Dickens, Nebr., from tween Williamsburg, Ohio, and Cincin­ motor vehicle, over irregular routes, of all refinery and distribution points in nati, Ohio, serving all intermediate truck fertilizer spreader bodies, tractor- Wyoming, to certain specified points in points, with restriction; and a portion trailer spreaders and truck commercial Nebraska; and petroleum products (ex­ under a certificate of registration, in feed bodies originating at Quimby, Iowa, cept liquefied petroleum gases), in bulk, Docket No. MC—15442 Sub-2, covering and destined to points in Wyoming, in tank vehicles, from all refinery and the transportation of property, as a com­ Utah, Maryland, Pennsylvania, South distribution points in Wyoming to cer­ mon carrier, in intrastate commerce, Carolina, and North Carolina, and dam­ tain specified points in Nebraska. over irregular routes, from and to Go­ aged, unclaimed, rejected, or returned Vendee is authorized to operate as a shen, Ohio, and the territory within an commodities, as specified above, on re­ common carrier in Alaska, Arizona, eight mile radius therefrom. Vendee is turn. The application was referred to Arkansas, California, Colorado, Connec­ authorized to operate as a common car­ Examiner Joseph A. Reilly for hearing ticut, Delaware, Florida, Georgia, Idaho, rier in Ohio, Kentucky, and Indiana. and the recommendation of an appro­ Illinois, Indiana, Iowa, Kansas, Ken­ Application has not been filed for tem­ priate order thereon. Hearing was held tucky, Louisiana, Maryland, Massachu­ porary authority under section 210a(b). on November 28, 1966, at Des Moines, setts, Michigan, Minnesota, Mississippi, N o t e : MC-77016 Sub-8, is a matter di­ Iowa. A report and order of the Com­ Missouri, Montana, Nebraska, Nevada, rectly related. mission, served January 19, 1967, which New Jersey, New Mexico, New York, No. MC-F-9685. Authority sought for became effective February 20, 1967, as North Carolina, North Dakota, Ohio, purchase by THOMAS CARTAGE, INC., amended, finds that the present and Oklahoma, Oregon, Pennsylvania, Rhode 303 North Wilson, Box 2301, Amarilloil future public convenience and necessity Island, South Dakota, Tennessee, Texas, Tex. 79105, of a portion of the operating require operation by applicant as a com­ Utah, Virginia, Washington, West Vir­ rights of LEE WAY MOTOR FREIGHT, mon carrier by motor vehicle, in inter­ ginia, Wisconsin, Wyoming, and the INC., 3000 West Reno, Oklahoma City, state or foreign commerce, over irreg­ District of Columbia. Application has Okla. 73108. Applicant’s representa­ ular routes of truGk fertilizer spreader not been filed for temporary authority tives: Alvin A. Thomas, Box 2301, bodies, tractor-trailer spreaders and under section 210a(b ). Amarillo, Tex. 79105, and Richard truck commercial feed bodies originating No. MC-F^-9683. Authority sought for Champlin, 3000 West Reno, Oklahoma at Quimby, Iowa, and destined to points purchase by FOX & GINN, INC., 12 How­ City, Okla. 73108. Operating rights in Wyoming, Utah, Maryland, Pennsyl­ ard Lane, Bangor, Maine, of the operat­ sought to be transferred: General com­ vania, South Carolina, North Carolina, ing rights of MENARD’S EXPRESS CO., modities, excepting, among others, New York, and North Dakota; that ap­ INC., Depot Square, Rochdale, Mass., household goods and commodities in plicant is fit, willing, and able properly and for acquisition by C. L. FOX, MRC bulk, as a common carrier, over regular to perform such service and to conform Box 47, Bangor, Maine, C. L. FOX, Jr., routes, between Texhoma, Okla., and to the requirements of the Interstate Bangor, Maine, D. W. Fox, 73 Wash­ Guymon, Okla., serving all intermediate Commerce Act and the Commission’« ington, Street, Brewer, Maine, M. W. points. Vendee is authorized to operate rules and regulations thereunder; and GINN, S. E. GINN, both of 14 Mont­ under a certificate of registration, as a that an appropriate certificate should be gomery Street, Bangor, Maine, H. E. common carrier in intrastate commerce granted after the elapse of 30 days from GINN, 19 Rocky Hill Road, Cape Eliza­ within the State of Texas. Application the date of republication in the F ederal beth, Maine, R. E. GINN, 224 Perkins has not been filed for temporary author­ R eg ister of the amended statement of Row, Topsfield, Maine, and M. E. AVER- ity under section 210a (b ). the authority sought herein, and pro­ ILL, 20 Montgomery Street, Bangor, No. MC-F-9686. Authority sought for vided that no protests and petitions for Maine, of control of such rights through control by GILBERT CARRIED CORP., further hearing are received during such the purchase. Applicant’s attorney and period. 441 Ninth Avenue, New York, N.Y., of representative: KennethB. Williams, 111 SELMAN’S EXPRESS, INC., 460 West A pplications U nd er S e c t io n s 5 and State Street, Boston, Mass., and Peter 35th Street, New York, N.Y., and for 210a ( b ) A. Penczer, 855 Main Street, Bridgeport, purchase by GILBERT CARRRIER Conn. Operating rights sought to be CORP., of the operating rights of SEL­ The following applications are gov­ transferred: Under a certificate of regis­ MAN’S EXPRESS, INC., and for acquisi­ erned by the Interstate Commerce Com­ tration, in Docket No. MC-98594 Sub-1, tion by GILBERT SYSTEMS, INC., 441 mission’s special rules governing notice covering the transportation of general Ninth Avenue., New York, N.Y., of con­ of filing of applications by motor car­ commodities, as a common carrier, over trol of such rights through the transac­ riers of property or passengers under regular and irregular routes, in intra­ tion. Applicants’ attorney: Harris J. sections 5(a) and 210a(b) of the Inter­ state commerce, within the State of Klein, 280 Broadway, New York, N.Y. state Commerce Act and certain other Massachusetts. Vendee is authorized Operating rights sought to be controlled proceedings with respect thereto (49 to operate as a common carrier in Mas­ and purchased: Ladies’ wearing apparel, CFR 1.240). sachusetts, Maine, and New Hampshire. and materials and machinery used in MOTOR CARRIERS OF PROPERTY Application has been filed for temporary the manufacture thereof, as a common authority under section 210a(b). N o t e : carrier, over irregular routes, between No. MC-F-9682. Authority sought MC-28536 Sub-No. 13 is a matter direct­ Newark, N.J., on the one hand, and, on for purchase by CONSOLIDATED ly related. the other, Cobleskill and Frankfort, N.Y.,

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3861

facture of ladies’ and children’s wearing ation, repair, servicing, maintenance, between Jersey City, N.J., on the one and dismantling of pipelines, including hand, and, on the other, certain specified apparel, unpackaged, from New York, the stringing and picking up thereof, points in New York, between certain N.Y., and North Bergen, N.J., to certain and commodities other than those speci­ specified points in New York, on the one specified points in North Carolina, South Carolina, and Georgia, from North fied above, the transportation of which, hand, and, on the other, New York, because of their size or weight requires NY., between certain specified points Bergen, N.J., to Spartanburg, S.C. GILBERT CARRIER CORP. is author­ the use of special equipment or han­ in New York, on the one hand, and, on dling, and parts thereof, as a common the other, Jersey City, N.J., between ized to operate as a common carrier in all points in the United States (except carrier, over irregular routes, between Union City, N.J., on the one hand, and, points in Kansas, Oklahoma, Texas, on the other, certain specified points in Alaska and Hawaii). Application has been filed for temporary authority under Arkansas, Louisiana, Mississippi, Ten­ New York, between Newark and Pater­ nessee, Alabama, North Carolina, Geor­ son, N.J., on the one hand, and, on the section 210a (b ). No. MC-F-9687. Authority sought for gia, and Florida, authority is granted to other, Ossining, N.Y., between Paterson, traverse Missouri and South Carolina N.J., on the one hand, and, on the other, purchase by MONSON DRAY LINE, INC., Rural Route 1, Red Wing, Minn. for operating convenience only; (B) Cobleskill and Frankfort, N.Y., between machinery, materials, supplies, and Poughkeepsie, N.Y., and Rutland, Vt., on 55066, of a portion of the operating rights and certain property of LAWRENCE equipment, incidental to, or used in, the the one hand, and, on the other, Jersey construction, development, operation City, N.J.; material used in the manu­ TRUCKING, INC., 1320 West Main Street, Red Wing, Minn. 55066, and for and maintenance of facilities for the dis­ facture of ladies’ wearing apparel, from covery, development, and production of New York, N.Y., to certain specified acquisition by GORDON MONSON, ROBERT MONSON, and DONALD natural gas and petroleum, between points in New York, and Fayetteville, Cisco, Tex., and points within 100 miles N.C., from Union City, N.J., to Chatham, MONSON all also of Red Wing, Minn, of control of such rights and property of Cisco, on the one hand, and, on the N.Y., from Pittsfield, Mass., to certain other, points in Lea and Eddy Counties, specified points in New York; ladies' through t h e purchase. Applicants’ representative: Donald B. Taylor, 3464 N. Mex. wearing apparel, on hangers, between In addition to the authority described New York, N.Y., on the one hand, and, on Minnehaha Avenue, South, Post Office Box 5068, Minneapolis, Minn. 55406. Op­ in sections (A ) and (B ), the operations the other, certain specified poijnts in New in section (B) having been acquired by York, and Fayetteville, N.C., between erating rights sought to be transferred: Sewer pipe, sewer pipe fittings, flue the above-named carrier through pro­ Union City, N.J., on the one hand, and, ceedings in MC-F-3805, approved July on the other, Chatham, N.Y., from lining, wall coping, septic'tank pipe, drain tile, firebrick, fire clay, mortar mix, and 26, 1948, the above-named carrier is Kinston and Wilson, N.C., to New York, authorized to perform through service in N.Y., from New York, N.Y., to Richmond, clay filter media blocks as a common carrier over irregular routes from Red the transportation, of authorized com­ Va., from Poultney, Vt., and Cohoes, N.Y., modities under a combination of the to New York, N.Y., from Youngsville, Wing, Minn., to points in Wisconsin, North Dakota, and South Dakota; Lum­ authorities in section (A ) on the one N.C., Spartanburg, S.C., and Kingston hand, and, on the other, section (B ), and St. Johnsville, N.Y., to New York, ber and lath, from certain specified points in Wisconsin to Red Wing, Minn.; clay when under one such section the car­ N.Y., from Oneonta, N.Y., to West New rier is authorized to transport the ship­ York, N.J., from Fayetteville, N.C., to products and mortar mix, from What Cheer, iowa, to points in Illinois, ment to a gateway point from which the Jersey City, N.J., from Pittsfield, Mass., shipment is authorized to be transported to New York, N.Y., between Pittsfield, Minnesota, and Wisconsin; and clay sewer pipe, sewer pipe fittings, flue lining, under another section, provided in each Mass., on the one hand, and, on the instance the movement is made through other, certain specified points in New wall coping, septic tank pipe, drain tile, firebrick, fire clay, mortar mix, and clay such authorized gateway point or York. points; machinery, equipment, materi­ Ladies’ wearing apparel, from Pough­ filter media blocks, from Red Wing, Minn., to points in the Upper Peninsula of als, and supplies, used in, or in connec­ keepsie, N.Y., to New Brunswick, N.J., tion with the operation, repair, servicing, from Troy, N.Y., to Jersey City, N.J.; Michigan. Vendee is authorized to oper­ ate as a common carrier in Minnesota, and maintenance of pipelines used in materials and other articles used in the the transmission of natural gas, petro­ manufacture of ladies’ wearing apparel, Illinois, Iowa, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin, and leum and petroleum products, but not from New York, N.Y., to Kinston and including the stringing or picking up of Wilson, N.C.; materials and supplies used Michigan. Application has not been filed for temporary authority under, pipe in pipelines, between points in in the manufacture of ladies’ wearing Kentucky, South Carolina, Virginia, apparel, from New York, N.Y., to Poult­ section 210a (b ). No. MC-F-9688. Authority sought West Virgina, Ohio, Pennsylvania, and ney, Vt., and Cohoes, N.Y., from New New York, between points in Texas, for control and merger by C&H TRANS­ York, N.Y., to Youngsville, N.C., Spar­ Arkansas, Louisiana, Mississippi, Ten­ tanburg, S.C., and Kingston and St. PORTATION CO., INC., Post Office Box 5976, Dallas, Tex., 75222, of the nessee, Alabama, Georgia, and North Johnsville, N.Y., from West New York, Carolina, on the one hand, and, on the N.J., to Oneonta, N.Y., from Jersey City, operating rights and property of BELL TRANSPORTATION COMPANY, 1406 other, points in Kentucky, South Caro­ N.J., to Fayetteville, N.C., between Jer­ lina, Virginia, West Virginia, Ohio, sey City, N.J., on the one hand, and, on Hays Street, Houston, Tex., and for acquisition by SATURN INDUSTRIES, Pennsylvania, and New York, traversing the other, Troy, N.Y., from New Bruns­ Maryland and the District of Columbia wick, N.J., to Poughkeepsie, N.Y.; ladies’ INC., 3100 Southland Center, Dallas, Tex., of control of such rights and prop­ for operating convenience only; machin­ and children’s wearing apparel, on hang­ ery and equipment used in or in connec­ ers and the materials used in the manu­ erty through the transaction. Appli­ cants’ attorney and representatives: tion with the discovery, development, facture thereof, between Pittsfield, Mass., production, refining, manufacture, proc­ and Burlington, Vt., between New York, W. T. Brunson, 419 Northwest Sixth Street, Oklahoma City, Okla. 73102, essing, storage, transmission, and dis­ N.Y., on the one hand, and, on the other, tribution of sulphur and its products, certain specified points in Vermont (with James Robinson, Felts & Starnes, 904 Lavaca Building, Austin, Tex. 78701. and exception); ladies’ and children’s weary­ Materials and supplies (not including ing apparel on hangers, from New York, Operating rights sought to be controlled and merged: (A) Machinery, equipment, sulphur) used in, or in connection with, N.Y., to Pittsfield, Mass., from certain the discovery, development, production, specified points in North Carolina, South materials, and supplies, used in or in connection with, the discovery, develop­ refining, manufacture, processing, stor­ Carolina, and Georgia, to New York, age, transmission, and distribution of N.Y., and North Bergen, N.J., from ment, production, refining, manufac­ ture, processing, storage, transmission, sulphur and its products, restricted to Spartanburg, S.C., to North Bergen, N.J.; the transportation of shipments of mate­ ladies’ and children’s wearing apparel and distribution of natural gas and pe­ troleum and their products and by­ rials and supplies moving to or from ex­ and the materials used in the'manu­ ploration, drilling, production, job, con­ facture thereof, between Cooperstown, products, , machinery, materials, equip- ■ ment arid supplies, used in, or in struction, plant (including refining, N.Y., and West New York, N.J.; and manufacturing, and processing plant) materials and supplies used in the manu­ connection with, the construction, oper­

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 No. 45- -8 3862 NOTICES

sites or storage sites, between points in Commodities, the transportation of Kansas, Oklahoma, Texas, Louisiana, New York, New Jersey, Delaware, Mary­ which, because of size or weight requires land, Virginia, North Carolina, Ohio and and Mississippi, between points in Kan­ the use of special equipment and related sas, Oklahoma, Texas, Louisiana, and the District of Columbia. Vendee is au­ machinery parts, and related contrac­ thorized to operate as a common carrier Mississippi, on the one hand, and, on tors’ materials and supplies when their the other, points in Lea and Eddy in Pennsylvania, Delaware, Maryland transportation is incidental to the trans­ New York, New Jersey, Massachusetts’ Counties, N. Mex., subject to the re­ portation by the carrier of commodities striction that shipments, between said Rhode Island, Connecticut, Virginia’ which, because of size or weight, require Ohio, North Carolina, and the District points shall be transported from, to, the use of special equipment, exclusive or through Cisco, Tex,, or a point of Columbia. Application has not been of those commodities specified in the filed for temporary authority under sec­ within 100 miles of Cisco; machin­ paragraph above, between points in tion 210a (b). ery, equipment, materials, and sup­ Alaska, on the one hand, and, on the plies used in, or in connection with, the other, points in Kansas; machinery, By the Commission. drilling of water wells, between points in equipment, materials, and supplies used [ s e a l ] h . N e il G ar so n , Kansas, Oklahoma, Texas, Arkansas, in or in connection with the construc­ Secretary. Louisiana, Mississippi, Tennessee, Ala­ tion, operation, repair, servicing, mainte­ bama, North Carolina, Georgia, and [F.R. Doc. 67—2563; Filed, Mar. 7, 1967- nance, and dismantling of pipelines, 8:47 a.m.} Florida, between points in Kansas, Okla­ other than pipelines used for the trans­ homa, Texas, Arkansas, Louisiana, Mis­ mission of natural gas, petroleum, then- sissippi, Tennessee, Alabama, North products and byproducts, water, or sew­ NOTICE OF FILING OF MOTOR CAR­ Carolina, Georgia, and Florida, on the erage, restricted to the transportation of RIER INTRASTATE APPLICATIONS one hand, and, on the other, points in shipments moving to or from pipeline Lea and Eddy Counties, N. Mex., subject rights of way, between points in Kansas, M arch 3, 1967. to the restriction that shipments between Oklahoma, Texas, Arkansas, Louisiana, The following applications for motor said points shall be transported from, to, Mississippi, Tennessee, Alabama, North common carrier authority to operate in or through Cisco, Tex., or a point within Carolina, Georgia, and Florida, between intrastate commerce seek concurrent 100 miles of Cisco, between points in Cisco, Tex., to points within 100 miles motor carrier authorization in interstate Wyoming, Montana, Utah, Colorado, of Cisco, on the one hand, and, on the or foreign commerce within the limits of North Dakota, South Dakota, and other, points in Lea and Eddy Counties, the intrastate authority sought, pursu­ Nebraska. N. Mex., between points in Kentucky, ant to section 206(a) (6) of the Inter­ Machinery, equipment, materials, and South Carolina, Virginia, West Virginia, state Commerce Act, as amended October supplies used in, or in connection with, Ohio, Pennsylvania, and New York, be­ 15, 1962. These applications are gov­ the discovery, development, production, tween points in Texas, Arkansas, Louisi­ erned by Special Rule 1.245 of the Com­ refining, manufacture, processing, stor­ ana, Mississippi, Tennessee, Alabama, mission’s rules of practice, published in age, transmission, and distribution of Georgia, and North Carolina, on the one the F ederal R eg ister , issue of April 11, natural gas and petroleum and their hand, and,' on the other, points in Ken­ 1963, page 3533, which provides, among products and byproducts, and machinery, tucky, South Carolina, Virginia, West other things, that protests and requests equipment, and supplies used in, or in Virginia, Ohio, Pennsylvania, and New for information concerning the time and connection with, the construction, oper­ York, between points in Wyoming, Mon­ place of State Commission hearings or ation, repair, servicing, maintenance, tana, Utah, Colorado, North Dakota, other proceedings, any subsequent and dismantling of pipelines, including South Dakota, and Nebraska, between changes therein, and any other related the stringing and picking up thereof, ex­ points in Nevada, on the one hand, and, matters shall be directed to the State cept the stringing and picking up of pipe on the other, points in Montana, Utah, Commission with which the application in connection with main pipelines, be­ and Wyoming, between points in Nevada, is filed and shall not be addressed to or tween points in Nevada, on the one hand, on the one hand, and, on the other, filed with the Interstate Commerce and, on the other, points in Montana, points in Kansas, Texas, and Oklahoma; Commission. Utah, and Wyoming, between points in and machinery, equipment, materials, State Docket No. 1695-S-657, filed Nevada, on the one hand, and, on the and supplies used in, or in connection February 27, 1967. Applicants FRED other, points in Kansas, Texas, and Okla­ with, the discovery, development, produc­ HARVEY TRANSPORTATION COM­ homa; machinery, equipment, materials, tion, refining, manufacture, processing, PANY, 80 East Jackson Boulevard, Chi­ and supplies used in or in connection storage, transmission, and distribution, cago, HI. 60604. Applicant’s representa­ with the discovery, development, produc­ of natural gas, and petroleum, and their tive: Calvin H. Udall, 411 North Central tion, refining, manufacture, processing, products and byproducts, not including Avenue, Phoenix, Ariz.' 85004. Certifi­ storage, transmission, and distribution of the stringing or picking up of pipe in cate of public convenience and necessity natural gas and petroleum and then- connection with pipelines, between points sought to operate a passenger service as products and byproducts; and ma­ in Illinois, Indiana, Kentucky, and Ten­ follows: Transportation of ( 1 ) passen­ chinery, equipment, materials, and sup­ nessee. C&H TRANSPORTATION CO., gers and baggage, in Flagstaff and vicin­ plies used in or in connection with the INC., is authorized to operate as a com­ ity and in Grand Canyon and vicinity; construction, operation, repair, servicing, mon carrier in all points in the United (2) passengers and baggage originating maintenance, and dismantling of pipe­ States (except Hawaii). Application has at Grand Canyon, Ariz., in a tours serv­ lines, including the stringing and picking not been filed for temporary authority ice over the public highways between up thereof, between points in Alaska, on under section 210a(b ). Grand Canyon, Ariz., and any point the one hand, and, on the other, points No. MC-F-9689. Authority sought for within the State of Arizona, with the in Montana, Wyoming, Nevada, Utah, purchase by NORTH PENN TRANSFER, limitation that no passengers or baggage Kansas, and Illinois; machinery, equip­ INC., Routes 202 and 63, Box 230, Lans- originating at Grand Canyon destined ment, materials, and supplies used in or dale, Pa., of a portion of the operating for Flagstaff or any point between Wil­ in connection with the construction, rights of JETWAY, INC., Box 230, Lans- liams and Flagstaff shall be transported operation, repair, servicing, mainte­ dale, Pa., and for acquisition by ARTHUR over State Highway No. 64 to its junc­ nance, and dismantling of pipelines, in­ N. ANDERS, also of Lansdale, Pa., of tion with U.S. Highway No. 66 and cluding the stringing and picking up control of such rights through the pur­ thence over said U.S. Highway No. 66 to thereof, restricted to pipelines used for chase. Applicants’ representative: John Flagstaff or such other point of destina­ the transmission of natural gas and pe­ W. Frame, Post Office Box 626, Camp tion between Williams and Flagstaff; (3) troleum and the products and byprod­ Hill, Pa. 17011. Operating rights sought passengers and baggage between Grand ucts, jn d restricted against the stringing to be transferred: Machinery, as a com­ Canyon and Williams via State Highway or picking up of pipe in connection with mon carrier, over irregular routes, be­ No. 64; (4) mail and express between tween points in Bucks, Delaware, and main or truck pipelines, between points Grand Canyon and Williams serving all Philadelphia Counties, Pa., on the one intermediate points, (5) passengers and in Alaska, on the one hand, and, on the hand, and, on the other, points in Massa­ baggage over the public highways des­ other, points in Ohio. chusetts, Connecticut, Rhode Island, ignated as follows: between Grand Can-

FEDERAL REGISTER, VOL. 32, NO. 45— WEDNESDAY, MARCH 8, 1967 NOTICES 3863 yon, Ariz. (South R im ), and Vermillion Fla., and its commercial zone as defined thence over Interstate Highway 95 to Cliffs Lodge via State Highway 64 and by Chapter 323 Florida Statutes and the point of intersection with State Road 60, U.S. Highways 89 and 89 Alternate, serv­ rules of the Commission including the thence over State Road 60 to Vero Beach, ing the intermediate point of Cameron, off-route points of which are located out­ Fla., and return over the same route serv­ Ariz., and also serving the points of Tuba side the commercial zone of the city of ing no intermediate points. Route No. City, Ariz., on State Highway 164 and Jacksonville over the following routes: 8: Between Holopaw, Fla., and intersec­ Moenkopi, Ariz., on State Highway 264; (A) From Gainesville, Fla., over State tion with State Road 60 and U.S. High­ between Grand Canyon, Ariz. (South Road 24 to Waldo, Fla., thence over U.S. way 441 at Yeehaw Junction, Fla., as fol­ Rim), and Flagstaff, Ariz., serving the Highway 301 to Maxville, Fla., thence lows: From Holopaw, Fla., over U.S. intermediate point of Cameron, Ariz., over State Road 228 to Jacksonville, Fla., Highway 441 to point of intersection with provided that no passengers or baggage and return over the same route serving State Road 60 near Yeehaw Junction, shall be transported between Grand no intermediate points. (B) From Fla., and return over the same route serv­ Canyon, Ariz., and Flagstaff, Ariz., via Gainesville, Fla., over State Road 24 to ing no intermediate points. Route No. U.S. Highway 66 between Flagstaff and Waldo, Fla., thence over U.S. Highway 9: Between point of intersection of In ­ Williams, Ariz.: Provided, however, That 30fl to point of intersection with Inter­ terstate Highway 75 and Florida Sun­ no points other than those specifically state Highway 10, thence over Inter- shine State Parkway near Wildwood, named above shall be served, (6) pas­ state Highway 10 to Jacksonville, Fla., Fla., and point of intersection with the sengers in Williams and vicinity. and return over the same route serving Sunshine State Parkway and Interstate (7) Passengers and baggage originat­no intermediate points. (C) From De­ Highway 4 near Orlando, Fla., as follows: ing in Williams, in a tours service over land, Fla., over U.S. Highway 17 to Jack­ From point of intersection of Interstate the public highways between Williams sonville, Fla., and return over the same Highway 75 and Sunshine State Park­ and any point within the State of route serving no intermediate points. way near Wildwood, Fla., thence over Arizona, with the limitation that no (D) From Deland, Fla., over Florida Sunshine State Parkway to point of passengers or baggage originating at Highway 11 to Bunnell, Fla., thence over intersection with Interstate Highway Williams and destined for Flagstaff shall U.S. Highway 1 to Jacksonville, Fla., and 4 near Orlando, Fla., and return over be transported via U.S. Highway No. 66; return over the same route serving no the same route serving no interme­ and (8) passengers and their hand bag­ intermediate points. diate points. Route No. 10: Applicant gage, between Grand Canyon National (E) From Daytona Beach, Fla., overseeks authority to serve the McCoy Air Park Airport and the other points which U.S. Highway 1 to Jacksonville, Fla., and Force Base, located near Orlando, Fla., applicant is authorized to serve. Both return over the same route serving no as an off-route point in connection with intrastate and interstate authority intermediate points. (F) From Daytona its presently authorized regular route sought. Beach, Fla., over U.S. Highway 92 to service (applicant contends it has the au­ HEARING: Wednesday, April 19,1967, point of intersection with Interstate thority at the present time but seeks to at 10 a.m., Capitol Annex Building, Highway 95, thence over Interstate High­ remove any doubt concerning same). Phoenix, Ariz. Requests for procedural way 95 to Jacksonville, Fla., and return Route No. 11: Between point of inter­ information, including the time for filing over the same route serving no inter­ section of Martin Andersen Bee Line Ex­ protests, concerning this application mediate points. Route No. 2: Between pressway and U.S. Highway 441 near should be addressed to the Arizona Cor­ St. Cloud, Fla., and West Melbourne, Fla., Pinecastle, Fla., and intersection of said poration Commission, Motor Carrier as follows: From St. Cloud, Fla., over Bee Line with State Road 520 in Brevard Division, 1688 West Adams, Phoenix, U.S. Highway 441 to Holopaw, Fla., County as follows: From point of inter­ Ariz. 85007, and should not be directed thence over U.S. Highway 192 to point of section of Martin Andersen Bee Line Ex­ to the Interstate Commerce Commission. intersection with U.S. Highway 1 near pressway and U.S. Highway 441, thence State Docket No. MT-8620, filed Jan­ West Melbourne, Fla., and return over over said Bee Line Expressway to point uary 18, 1967. Applicant: LONG the same route serving no intermediate of intersection with State Road 520 in ISLAND NUCLEAR SERVICE CORP., points as an alternate route for operating Brevard County and return over the same Station Road, Bellport, N.Y. 11713. Cer­ convenience only. Route No. 3: Between route serving no intermediate points. tificate of public convenience and neces­ Orlando, Fla., and Vero Beach, Fla., as The Martin Andersen Bee Line Express­ sity sought to operate a freight service as follows: From Orlando, Fla., over Inter­ way is being constructed by Orlando- follows: Transportation of source, spe­ state Highway 4 to point of intersection Orange County Expressway Authority cial, nuclear and byproducts material, with the Sunshine State Parkway thence and utilizes a portion of right of way radioactive material (new and spent) over the Sunshine Parkway to Yeehaw formerly known as State Road 528. Por­ and related experimental equipment, Junction, Fla., thence over State Road tions of said expressway are now open components, parts and associated ma­ 60 to Vero Beach, Fla., and return over and additional portions will be open in terial, between all points in New York the same route serving no intermediate the near future. N o t e : Applicant in­ State. Both intrastate and interstate points as an alternate route for operating tends to utilize the above-described authority sought. convenience only. Route No. 4: Between routes in connection with its presently HEARING: Unknown at this time. Gainsville, Fla., and Tampa, Fla., as fol­ authorized service routes and seeks au­ Contact the New York State Public Serv­ lows: From Gainesville, Fla., over Inter­ thority to tack the routes sought in this ice Commission, 55 Elk Street, Albany, state Highway 75 to Tampa, Fla., and proceeding with its presently authorized N.Y. 12225. Requests for procedural in­ return over the same route serving the service routes at any point of common formation, including the time for filing intermediate point of Ocala, Fla., which joinder or intersection. Both intra­ protests, concerning this application applicant is presently authorized to state and interstate authority sought. should be addressed to the New York serve. HEARING: Not yet assigned. Contact State Public Service Commission, 55 Elk Route No, 5: Applicant seeks authority the Florida Public Service Commission, Street, Albany, N.Y. 12225, and should to serve the Disney World site, the en­ 700 South Adams Street, Tallahassee, Fla. not be directed to the Interstate Com­ trance of which is located on or close to 32304. Requests for procedural infor­ merce Commission. State Road 530 approximately 3 miles mation, including the time for filing pro­ State Docket No. 8845-CCT, filed Feb­ west of Kissimmee, Fla., as an off-route tests, concerning this application should ruary 22, 1967. Applicant: THE SEN­ point in connection with its regular route be addressed to the Florida Public Serv­ TINEL STAR EXPRESS CO., 64 East operations. Route No. 6 : Between Lake ice Commission, 700 South Adams Street, Concord, Orlando, Fla. Applicant’s Wales, Fla., and Vero Beach, Fla., as fol­ Tallahassee, Fla. 32304, and should not be representative: James E. Wharton, 506- lows: From Lake Wales, Fla., over Flor­ ida Highway 60 to Vero Beach, Fla., and directed to the Interstate Commerce First National Bank Building, Orlando, Commission. Fla. 32802. Certificate of public con­ return over the same route serving no venience and necessity sought to operate intermediate points for operating con­ By the Commission. a freight service as follows: Transporta­ venience only. Route No. 7: Between Daytona Beach, Fla., and Vero Beach, [ s e a l] H. N e il G a r so n , tion of freight, Route No. 1: From points Secretary. and places presently authorized to be Fla., as follows: From Daytona Beach, served under certificate No. 673 on the Fla., over U.S. Highway 92 to point of [F.R. Doc. 67-2564; Filed, Mar. 7, 1967; one hand and on the other, Jacksonville, intersection with Interstate Highway 95, 8:47 a.m.] FEDERAL I EGISTER, VOL. 32, NO. 45— WEDNESDAY, MAR< H 8, 1967 3864 FEDERAL REGISTER

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.

1 CFR Page 14 CFR— Continued Page 31 CFR- -Continued Page A p p e n d ix A ______3602 75______3740 312______3446 97______3692 315______3446 3 CFR 399______3817 316—____ 3700 P roclamation : P r o po sed R u l e s : 317______3447 500— 3769______3809 61------_____ 3749 3822 525______3448 E x e c u t iv e O r d e r s: 71_ 3400-3402, 3470, 3750, 3779, 3780 July 17, 1917 (revoked in part 73------3402, 3751 32 CFR by PLO 4166)______3744 208______3399 Nov. 26, 1921 (revoked in part 296a______3752 100______3829 by PLO 4167)______3744 505______3391 6143 (revoked in part by PLO 15 CFR 518— ___ 3770 750______3393 4165)______3744 2__ 3769 753______3393 6276 (revoked in part by PLO 204. 3816 4165)______3744 230. 3741 11329______3811 3 3 CFR 16 CFR 33— ____ 3397 5 CFR 203______3772 13______3439, 3771 213____ —— ____ 3383, 3689, 3729, 3763 15— ------3387, 3818 550______- __ 3689, 3763 35 CFR P roposed R u l e s : 117______3830 7 CFR 153______3711 354______3383 3 6 CFR 17 CFR 014______3687 311______3742 907____ 3729 200___ . 3741 908—------______3688, 3729 38 CFR 310—------3383, 3730 19 CFR 912 ______L_____ 3730 3_. 3742 1 - 3388 21. 3452 913 -* ______3384 2 ------3388 917— ______3384 3— ------—„______3388 3 9 CFR 944______3437 24------___------£ ______3741 991______3763 C h . I ______3397 1002—______.______i______3384 21 CFR P roposed R u l e s : 1004______3813 531______3778 1138——______3385 3 ------:------3440 1425______li______3688 120------3441 121______3442, 3819 41 CFR P roposed R u l e s : 131------3440 8-1______. 3772 991_. 3399 P roposed R u l e s : 8-2______3772 1006. 3399 8-3______3773 1063. 17_. 3710 3776 27_. 8-7______3773 1070. 3776 3469 133. 101-26.—. 3690 1078. 3776 3470 1079. 3776 22 CFR 43 CFR 1125. 3834 1134. 3469 11------3443, 3444 20_—. 3701 41------;____:______3742 P u b l ic L a n d O rd er s: 8 CFR 2135 (revoked in part by PLO 212______3731 23 CFR 4168)______3744 3743 214_.____ 3731 255______4163______3390 4164—...... 3743 10 CFR 4165 ______— 3744 25 CFR 14______3731 4166 ______3744 P roposed R u l e s : 4167 ______3744 3744 12 CFR 73______3748 4168 ...... 3745 l ______3687 221______3469 4169 ______3745 204______3763 4170 ______3745 222______3813 4171 ______2 6 CFR 3746 650______3740 4172 ...... i__. 3446, 3819 4173 ______3747 13 CFR 301. ____ 3819 4174 ...... 3747 123______3813 2 9 CFR 4 5 CFR 14 CFR 4______3689 P roposed R u l e s : 1——— ------3735 P roposed R u l e s : 3778 21------3735 308______r— — 33------i ______3736 26______3710 35------_------3737 4 6 CFR 39------3386, 31 CFR 510...... - 3774 3387, 3437, 3690, 3691, 3738, 3764 2 1 4 . 3820 P roposed R u l e s : 71------3438, 3738, 3764-3768 306. 3446 401______— 3709 73—_------3438, 3691, 3739, 3740, 3768 309. 3821 403______3709 FEDERAL REGISTER 3865

Page 4 7 CFR 3831 3832 73 ______3832 P roposed R u l e s : 21 ______3403 73______3471,3835, 3836 4 9 CFR 71 90______3452.3467 190 ______3467 193 ______3774 5 0 CFR 33______3467 1

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS

• Messages to the Congress • Public speeches and letters • The President’s news conferences PUBLIC PAPERS OF THE PRESIDENTS • Radio and television reports to OF THE UNITED STATES the American people • Remarks to informal groups

Contai»inf, the Public Messages, Speeches, and PUBLISHED BY Statements oj the President Office of the Federal Register National Archives and Records Service General Services Administration

ORDER FROM

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

PRIOR VOLUMES

Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson-1965 year of President Johnson are available at comparable prices from the Superintendent of Docu­ B o o k I (January 1-May 31, 1965) PR,CE ments), U.S. Government Printing Office, Washington, D.C. 20402. B o o k II (June 1-December 31, 1965) $6-25 7 EACH