FEDERAL REGISTER VOLUME 33 • NUMBER 217 Wednesday, November 6, 1968 • Washington, D .C . Pages 16267-16322

Agencies in this issue— Civil Aeronautics Board Coast Guard Commodity Credit Corporation Consumer and Marketing Service Education Office Federal Aviation Administration Federal Communications Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Interior Department Internal Revenue Service Interstate Commerce Commission Labor Standards Bureau Post Office Department Public Health Service Securities and Exchange Commission State Department Veterans Administration Detailed list o f Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1968]

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

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m S W D E P ' I t T T D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r r llr nAl on the day after an official Federal holiday), by the Office of the Federal Register, Nationa du o Archives and Records Service, General Services Administration (mail address Nationa Area Code 202 % one 6 6 6 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Fédéral Registèr Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approvéd by the President (1 CFR Ch. I ). Distribution is^ made only by the Superintenden of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable i advance. The charge for individual Copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of Federal R egulations is sold by the Superintendent o Documents. Prices of books and pocket supplements are listed in the first Federal R egister issué of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of Federal Regulation • Contents

AGRICULTURE DEPARTMENT FISH AND WILDLIFE SERVICE INTERSTATE COMMERCE See Commodity Credit Corpora­ Rules and Regulations COMMISSION tion; Consumer and Marketing Whaling; miscellaneous amend­ Proposed Rule Making Service. ments ______16278 Practices of motor common car­ CIVIL AERONAUTICS BOARD riers of household goods; deter­ Proposed Rule Making mination of weights------16301 Notices Northwest Atlantic commercial Notices fisheries; haddock and cod fish­ Hearings, etc.: Fourth section application for International Air Transport As- eries ______16280 r e lie f______16313 sociation ------16309 Motor carrier: Orion Airways, Inc------16310 Notices Alternate route deviation no­ Brown, Richard W., and Helen R.; tices ______16313 COAST GUARD notice of loan application------16302 Applications and certain other Construction applications; differ­ Notices proceedings______16314 ential subsidies------16302 Pembina, N. Dak., as a port of doc­ Intrastate applications______16319 umentation; proposed revoca­ Temporary authority applica­ tion of designation------— 16307 FOOD AND DRUG tions ______16320 ADMINISTRATION Transfer proceedings______16321 COMMODITY CREDIT CORPORATION Rules and Regulations LABOR DEPARTMENT Notices Food additives: Labor Standards Bureau. Adhesives------16271 Sales of certain commodities; No­ Disodium EDTA------16272 LABOR STANDARDS BUREAU vember sales list______16302 Resinous and polymeric coat­ ings ______16272 Proposed Rule Making CONSUMER AND MARKETING Zoalene______16272 -Radiation safety and health SERVICE Pesticide chemicals; .tolerances— 16271 standards; application in Ari­ Rules and Regulations Proposed Rule Making zona ______16284 Tangerines grown in Florida; ship­ Carbon dioxide et al.; proposed POST OFFICE DEPARTMENT ment limitations______16271 labeling exemption------16283 Notices Rules and Regulations Notices Grain standards; grain inspection Directory of international mail; points in Louisiana______16306 Canned diced peaches deviating miscellaneous amendments____ 16275 from identity standard; exten­ EDUCATION OFFICE sion of temporary permit for PUBLIC HEALTH SERVICE Notices market testing— ------;------16307 Drugs for human use; drug Rules and Regulations Grants for library fellowships; no­ efficacy implementation; an­ Grants; addition of “Sanitarian” tice of establishment of closing nouncement regarding certain and “Sanitarian Technician” to date for receipt of applications sulfanilamide and sulfathiazole list of eligible curriculums— — 16278 for grants______16306 preparations_for topical use - 16307 Petitions regarding food additives: SECURITIES AND EXCHANGE FEDERAL AVIATION Diversey Corp------16307 ADMINISTRATION Upjohn Co__ .______— 16307 COMMISSION Rules and Regulations Notices Maintenance, etc.; correction____ 16273 GENERAL SERVICES Hearings, etc.: Proposed Rule Making ADMINISTRATION Gale Industries, Inc______16311 Northwestern Mutual Life In­ Control zone and transition area; Notices surance Co., and NML Var­ proposed alteration.______16284 iable Annuity Account B _____ 16311 Transition area; proposed designa­ Secretary of Housing and Urban tion (2 documents)______16285 Development; delegation of au­ thority ______16308 STATE DEPARTMENT FEDERAL COMMUNICATIONS HEALTH, EDUCATION, AND Rules and Regulations COMMISSION Fees and charges, foreign service; Notices WELFARE DEPARTMENT visa services for aliens______16273 A-T. & T.; postponement of effec­ See Education Office; Food and tive date of revised foreign at­ Drug Administration; Public TRANSPORTATION DEPARTMENT Health Service. tachment tariffs; interim proce­ See Uoast Guard; Federal Avia­ dure adopted------16310 tion Administration. Multichannel equipment; order INTERIOR DEPARTMENT extending time for filing com­ ments ______16311 See also Fish and Wildlife Service. TREASURY DEPARTMENT Standard broadcast application Rules and Regulations See Internal Revenue Service. ready and available for proc­ essing ------16311 Procurement responsibility and authority; advance payments— 16276 VETERANS ADMINISTRATION FEDERAL POWER COMMISSION INTERNAL REVENUE SERVICE Rules and Regulations Notices Pension, compensation, and de- * Consolidated Gas Supply Corp.; Proposed „Rule Making pendency and indemnity com­ otice of proposed accounting Commerce in firearms and ammu­ pensation ; m iscellan eou s change______ifiana nition ______16285 am endm ents______16273 16269 16270 CONTENTS List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

7 CFR 26 CFR 41 CFR 905______16271 P roposed R u l e s : 14-1______1 7 7 ______,. 16285 14-30 ______. 14 CFR 178____ _•______16285 P roposed R ules : 50-204______43— y.------16273 38 CFR P roposed R ules : 3 1fi273 42 CFR 71 (3 documents)______16284, 16285 57______39 CFR 21 CFR C h .I ______16275 49 CFR 120 ______16271 P roposed R ules : 121 (4 documents)______16271,16272 1056______...... 16301 P roposed R u l e s : 3______16283 50 CFR 351- ' ______...... 16278 22 CFR P roposed R u l e s : 22______16273 240— ______16280 16271 Rules and Regulations

special preparation on the part of per­ Title 7— AGRICULTURE sons subject thereto which cannot be Title 21— FOOD AND DRUGS Chapter IX— Consumer and Market­ completed on or before the effective time hereof. Chapter I— Food and Drug Adminis­ ing Service (Marketing Agreements § 905.510 Tangerine Regulation 35. tration, Department of Health, Edu­ and Orders; Fruits, Vegetables, cation, and Welfare Nuts), Department of Agriculture (a) Order: (1) During the period beginning November 11, 1968, through SUBCHAPTER B— FOOD AND FOOD PRODUCTS [Tangerine Reg. 35] July 31, 1969, no handler shall ship PART 120— TOLERANCES AND EX­ PART 905— ORANGES, GRAPEFRUIT, between the production area and any EMPTIONS FROM TOLERANCES FOR TANGERINES, AND T A N G ELO S point outside thereof in the continental PESTICIDE CHEMICALS IN OR ON GROWN IN FLORIDA United States, Canada, or Mexico: (1) Any tangerines, grown in the pro­ RAW AGRICULTURAL COMMODI­ Limitation of Shipments duction area, which do not grade at least TIES U.S. No. 1; or Findings. (1) Pursuant to the mar­ (ii) Any tangerines, grown in the 0,0-Dimethyl S- [4-oxo-l ,2,3-benzo- keting agreement, as amended, and triazin-3(4H)-ylmethyll phosphoro- Order No. 905, as amended (7 CFR Part production area, which are of a size 905), regulating the handling of oranges, smaller than 2%e inches in- diameter, dithioate; Correction except that a tolerance of 10 percent, by grapefruit, tangerines, and tangelos In F.R. Doc. 68-8240 appearing at page count, of tangerines smaller than such grown in Florida, effective under the ap­ 9954 in the issue of July 11,1968, revising minimum diameter shall be permitted, plicable provisions of the Agricultural § 120.154, the introductory text of the which tolerance shall be applied in ac­ Marketing Agreement Act of 1937, as section was inadvertently omitted and is cordance with the provisions for the ap­ amended (7 U.S.C. 601-674), and upon restored as follows: the basis of the recommendations of the plication of tolerances specified in said § 120.154 0,0-Dimethyl S-[4-oxo-l,2,3- committees established tinder the afore- U.S. Standards for Florida Tangerines. benzotriazin-3(4H)-ylmetliyl] phos- • said amended marketing agreement and (2) During any week of the period November 11, 1968, through Jüly 3l, phorodithioate ; tolerances for resi­ order, and upon other available infor­ dues. mation, it is hereby found that the lim­ 1969, any handler may ship a quantity itation of shipments of tangerines, as . of tangerines which are smaller than the Tolerances for residues of the insec­ hereinafter provided, will tend to effec­ size prescribed in subparagraph (1) (ii) ticide 0,0-dimethyl S-[4-oxo-l,2,3-ben- tuate the declared policy of the act. of this paragraph if (i) the number of zotriazin-3(4H)-ylmethyl] phosphorodi- (2) It is hereby further found that itstandard packed boxes of such smaller thioate in or on raw agricultural is impracticable and contrary to the tangerines does not exceed 15 percent commodities are established as follows: of the total standard packed boxes of public interest to give preliminary no­ Dated: October 29,1968. tice, engage in public rule-making pro­ all sizes of tangerines shipped by such cedure, and postpone the effective date handler during the same week; and (ii) J. K . K ir k , of this section until 30 days after publi­ such smaller tangerines are of a size not Associate Commissioner cation thereof in the F ederal R egister smaller than 2%6 inches in diameter, for Compliance. (5 U.S.C. 553) because the time inter­ except that a tolerance of 10 percent, by [F.R. Doc. 68-13429; Filed, Nov. 5, 1968; vening between the date when informa­ count, of tangerines smaller than such 8:47 a.m.] tion upon which this section is based minimum diameter shall be permitted, became available and the time when which tolerance shall be applied in ac­ this section must become effective in cordance with the provisions for the ap­ PART 121— FOOD ADDITIVES plication of tolerances specified in said order to effectuate the declared policy Subpart F— Food Additives Resulting of the act is insufficient; a reasonable U.S. Standards for Tangerines. time is permitted, under the circum­ (b) Terms used in the amended mar­ From Contact With Containers or stances, for preparation for such ef­ keting agreement and order shall, when Equipment and Food Additives fective time; and good cause exists for used herein, have the same meaning as Otherwise Affecting Food making the provisions hereof effective is given to the respective term in said A dhesives not later than November 11, 1968. The amended marketing agreement and Growers Administrative Committee held order; the term “week” shall mean the The Commissioner of Food and Drugs, an open meeting on October 29, 1968, to 7-day period beginning at 12:01 a.m., having evaluated the data in a petition consider recommendations for a regula­ local time, on Monday of 1 calendar (FAP 8B2277) filed by Wyandotte Chem­ tion, after giving due notice of such week and ending at 12:01 a.m., local icals Corp., 1609 Biddle Avenue, Wyan­ Meeting, and interested persons were time, on Monday of the following calen­ dotte, Mich. 48192, and other relevant afforded an opportunity to submit their material, concludes that the food addi­ views at this meeting ; information re­ dar week; and terms relating to grade, garding the provisions of the regulation diameter, and standard pack, as used tive regulations should be amended to recommended by the committees has herein, shall have the same meaning as provide for the safe use of the additional een disseminated among shippers of is given to the respective term in the U.S. substances identified below in food-pack­ ®j®?£ines grown in the production area, Standards for Florida Tangerines (7 aging adhesives. Therefore, pursuant to sectlon> including the effective CFR 51.1810-51.1834). the provisions of the Federal Food, Drug, time thereof, is identical with the rec- and Cosmetic Act (sec. 409(c)(1), 72 mmendation ■ of the committee; it is (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. necessary, in order to effectuate the de- 601-674) Stat. 1786; 21 U.S.C. 348(c)(1)) and . .. P ^ cy. ° f the act, to make this Dated: November 1,1968. under authority delegated to the Com­ „p. ^°n effective on the date hereinafter missioner (21 CFR 2.120), § 121.2520(C) iorth so as to provide for the regula- P aul A . N ich o lso n , Deputy Director, Fruit and Veg­ (5) is amended by alphabetically insert­ lon of the handling of tangerines grown etable Division, Consumer ing in the list of substances two new in the production area at the start of and Marketing Service. items, as follows: s marketing season; and compliance [F.R. Doc. 68-13442; Filed, Nov. 5, 1968; § 121.2520 Adhesives. h this section will not require any 8:48 a.m.] * * * * *

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16272 RULES AND REGULATIONS

(c) * * * Act (sec. 409(c)(1), 72 Stat. 1786; 21 Sodium nitrite for use only at levels not to * * * • • U.S.C. 348(c) (1)) and under authority exceed 0.3 percent by weight of the cement delegated to the Commissioner (21 CFR solids in can end cements for containers (5) * * * having a capacity of not less than 5 2.120), §121.271 Disodium EDTA is gallons. Com ponents op Adhesives amended by changing the word “rumi­ Substances Limitations nant” to “animal” in the introductory ***** text of the section and in paragraph (b). Any person who will be adversely af­ a,a ', a " , a"'-Neopentane Any person who will be adversely fected by the foregoing order may at any tetrayltetrakis [omega- affected by the foregoing order may at time within 30 days from the date of its hydroxypoly ( oxypro- any time within 30 days from the date of publication in the Federal R egister file pylene) (1-2 moles)], its publication in the F ederal R egister with the Hearing Clerk, Department of average m o l e c u l a r file with the Hearing Clerk, Department Health, Education, and Welfare, Room weight 400. * of Health, Education, and Welf are, Room 5440, 330 Independence Avenue SW., * * * * * * 5440, 330 Independence Avenue SW., Washington, D.C. 20201, written objec­ Polypropylene glycol (3-4 Washington, D.C. 20201, written objec­ tions thereto, preferably in quintuplicate. moles) triether with tions thereto, preferably in quintuplicate. Objections shall show wherein the per­ 2 - ethyl - 2 - (hydroxy­ Objections shall show wherein the per­ son filing will be adversely affected by methyl)-1,3 - propane­ son filing will be adversely affected by the-order and specify with particularity diol, average molecular the provisions of the order deemed ob­ weight 730. the order and specify with particularity jectionable and the grounds for the ob­ * * * * * * the provisions of the order deemed ob­ jectionable and the grounds for the ob­ jections. If a hearing is requested, the Any person who will be adversely af­ jections. If a hearing is requested, the objections must state the issues for the fected by the foregoing order may at any objections must state the issues for the hearing. A hearing will be granted if the time within 30 days from the date of its hearing. A hearing will be granted if the objections are supported by grounds le­ publication in the F ederal R egister file objections are supported by grounds gally sufficient to justify the relief sought. with the Hearing Clerk, Department of legally sufficient to justify the relief Objections may be accompanied by a Health, Education, and Welfare, Room sought. Objections may be accompanied memorandum or brief in support thereof. 5440, 330 Independence Avenue SW., by a memorandum or brief in support Effective date. This order shall become Washington, D.C. 20201, written objec­ thereof. effective on the. date of its publication tions thereto, preferably in quintuplicate. Effective date. This order shall become in the F ederal R egister. Objections shall show wherein the person effective on the date of its publication in (Sec. 4 09 (c)(1 ), 72 Stat. 1786; 21 U.S.C. filing will be adversely affected by the the F ederal R egister. 3 48 (c)(1 )) order and specify with particularity the provisions of the order deemed objection­ (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 Dated: October 29,1968. (c )(1 )) able and the grounds for the objections. J. K. K irk, If a hearing is requested, the objections Dated: October 29,1968. Associate Commissioner must state the issues for the hearing. A for Compliance. J. K . K ir k , hearing will be granted if the objections Associate Commissioner [F.R. Doc. 68-13432; Piled, Nov. 5, 1968; are supported by grounds legally suf­ for Compliance. 8:47 a.m.] ficient to justify the relief sought. Ob­ jections may be accompanied by a mem­ [P.R. Doc. 68-13431; Piled, Nov. 5, 1968; orandum or brief in support thereof. 8:47 ajn.] PART 121— FOOD ADDITIVES Effective date. This order shall become Subpart C— Food Additives Permitted effective on the date of its publication in PART 121— FOOD ADDITIVES in Feed and Drinking Water of the F ederal R egister. Subpart F— Food Additives Resulting Animals or for the Treatment of (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 From Contact With Containers or Food-Producing Animals (c )(1 )) Equipment and Food Additives ZOALENE Dated: October 29, 1968. Otherwise Affecting Food The Commissioner of Food and Drugs, J. K . K ir k , R esin o u s and P o lym er ic C oatings having evaluated the data submitted in Associate Commissioner a petition filed by The Dow Chemical Co., The Commissioner of Food and Drugs, for Compliance. Post Office Box 512, Midland, Mich. having evaluated the data in a petition [P.R. Doc. 68-13430; Piled, Nov. 5, 1968; 48640, and other relevant material, con­ 8:47 a.m.] .(FAP 8B2297) filed by W. R. Grace & cludes that the food additive regulations Co., Dewey and Almy Chemical Division, should be amended with regard to the 62 Whittemore Avenue, Cambridge, administration of zoalene medicated PART 121— FOOD ADDITIVES Mass. 02140, and other relevant material, feeds to replacement chickens by delet­ concludes that the food additive regula­ ing the restriction that grower rations Subpart C— Food Additives Permitted tions should be amended to provide for may not be fed to birds under 5 V2 weeks in the Feed and Drinking Water of the safe use of sodium nitrite as a com­ of age. Animals or for the Treatment of ponent of can end cements for containers Therefore, pursuant to the provisions Food-Producing Animals intended for use in contact with food. of the Federal Food, Drug, and Cosmetic Therefore, pursuant to the provisions of Act (sec. 4 0 9 (c )(1 ), 72 Stat. 1786; D isod iu m EDTA 41 the Federal Food, Drug, and Cosmetic U.S.C. 3 4 8 (c )(1 )) and under authority The Commissioner of Food and Drugs, Act (sec. 409(c)(1), 72 Stat. 1786; 21 delegated to the Commissioner (21 Ci having evaluated the data in a petition U.S.C. 348(c)(1)) and under authority 2.120), Part 121 is amended as follows. filed by Arizona Feeds, Post Office Box delegated to the Commissioner (21 CFR 1. In § 121.207 Zoalene, paragrapn (c ), the table, items 3.1 and 3.2 are 3054, Tucson, Ariz. 85702, and other 2.120), § 121.2514(b) (3) (xxxi).is amend­ amended under “Limitations” by dew ­ relevant material, concludes that the ed by alphabetically inserting in the list ing the words “under 5% weeks 01 ag food additive regulations should be of substances a new item, as follows: amended to provide for the safe use of § 121.2514 Resinous and p o ly m e r ic °2. In § 121.253 Arsanilic acid, para­ disodium EDTA as a solubilizer for trace coalings. graph (c), the table, item 1.6 is amended minerals in aqueous solutions to be used * * * * * under “Limitations” by deleting ^ words “under 5 % weeks of age nor . in animal feeds. (b) * * * — Therefore, pursuant to the provisions (3) * * * Any person Who will be adversely a of the Federal Food, Drug, and Cosmetic (xxxi) * * * fected by the foregoing order may at any

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 RULES AND REGULATIONS 16273 time within 30 days from the date of its 20. Furnishing and verification of will not be able to maintain inactivity application for immigrant visa, publication in the F ederal R egister file of the disease process under the ordinary including duplicate copy______$5. 00 with the Hearing Clerk, Department of conditions of life, the case will be sub­ Health, Education, and Welfare, Room 2. Item 21 is amended to read asmitted under § 3.321. 5440, 330 Independence Avenue SW., follows: (c) Individual unemployability. In reducing a rating of 100 percent service- Washington, D.C. 20201, written objec­ 21. Issuance of each immigrant visa__$20. 00 tions thereto, preferably in quintuplicate. connected disability based on individual Objections shall show wherein the per­ Effective date. The amendments to the unemployability, the provisions of § 3.105 son filing will be adversely affected by the regulations contained in this order shall (e) are for application but caution must order and specify with particularity the become effective October 21,1 9 68 . be exercised in such a determination that provisions of the order deemed objec­ The provisions of section 4 of the Ad­ actual employability is established by tionable and the grounds for the objec­ ministrative Procedure Act (80 Stat. 383; clear and convincing evidence. When in tions. If a hearing is requested, the 5 U.S.C. 553) relative to notice of pro­ such a case the veteran is undergoing objections must state the issues for the posed ride making are inapplicable to this vocational rehabilitation, education or hearing. A hearing will be granted if the order because the regulations contained training, the rating will not be reduced objections are supported by grounds herein involve foreign affairs functions by reason thereof unless there is received legally sufficient to justify the relief of the United States. evidence of marked improvement or re­ sought. Objections may be accompanied (Sec. 104, 66 Stat. 174; 8 U.S.C. 1104) covery in physical or mental conditions by a memorandum or brief in support or of employment progress, income thereof. For the Secretary of State. earned, and prospects of economic re­ habilitation, which demonstrates affirm­ Effective date. This order shall become I dar R im estad, atively the veteran’s capacity to pursue effective on the date of its publication in Deputy Under Secretary the vocation or occupation for which the the Federal R egister. for Administration. training is intended to qualify him, or (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. O ctober 31, 1968. unless the physical or mental demands 348(c)(1)) [F.R. Doc. 68-13441; Filed, Nov. 5, 1968; of the course are obviously incompatible Dated: October 29,1968. 8:48 a.m.] with total disability. '(d) Change in Part 4 of this chapter. J. K . K ir k , Where a service-connected disability Associate Commissioner evaluated at 100 percent is subject to re­ for Compliance. Title 38— PENSIONS, BONUSES, duction as a result of a change in Part [F.R. Doc. 68-13433; Filed, Nov. 5, 1968; 4 of this chapter, consideration will be 8:48 a.m.] AND VETERANS’ RELIEF given to the veteran’s employment status. Chapter I— Veterans Administration If there is unemployability in such cases and the percentage requirements of PART 3— ADJUDICATION Part 4 of this chapter are met, rating Title 14— AERONAUTICS AND will continue at the total disability level Subpart A— Pension, Compensation, but on the basis of unemployability. SPACE and Dependency and Indemnity 2. In § 3.350, an introduction immedi­ Compensation ately preceding paragraph (a) is added Chapter I— Federal Aviation Adminis­ and paragraphs (d), (f), (g), and (h) M iscellaneous A m endm ents tration, Department of Transporta­ and the introductory portions of para­ tion ' 1. Section 3.343 is revised to read as graphs (a), (b), (c), (e), and (i) preced­ follows: ing subparagraph (1) are amended so PART 43— MAINTENANCE, PREVENT­ that the added and amended material § 3.343 Continuance of total disability reads as follows: ATIVE MAINTENANCE, REBUILD­ ratings. ING, AND ALTERATION (a) General. Total disability ratings, § 3.350 Special monthly compensation ratings. Correction when warranted by the severity of the In F.R. Doc. 68-13205 published at page condition and not granted purely because The rates of special monthly compen­ 15988 in the issue of Thursday, Octo- of hospital, surgical, or home treatment, sation stated in this section are those * 1968, the 10th through 21st lines or individual unemployability will not be provided under 38 U.S.C. 314 based on of § 43.17(a) are corrected to read as reduced, in the absence of clear error, wartime service. For disabilities due to follows: “been approved by the Canadian without examination showing material peacetime service, the rate is 80 percent Department of Transport may, in con­ improvement in physical or mental con­ of the wartime rate, as provided in 38 U.S.C. 334. nection with aircraft of U.S. registry in dition. Examination reports showing Canada:”. . material improvement must be evaluated (a) Ratings under ' 38 U.S.C. 314(k). in conjunction with all the facts of * Special monthly compensation ($47 war­ record, and consideration must be given time rate) is payable for each anatomi­ particularly to whether the veteran at­ cal loss or loss of use of one hand, one Title 22— FOREIGN RELATIONS tained improvement under the ordinary foot, both buttocks, one or more creative conditions of life, i.e., while working or organs, blindness of one eye having only Chapter I— Department of State actively seeking work or whether the light perception, deafness of both ears, symptoms have been brought under con­ having absence of air and bone conduc­ [Dept. Reg. 108.596] trol by prolonged rest, or generally, by tion, or complete organic aphonia with PART 22— FEES AND CHARGES, following a regimen which precludes constant inability to communicate by FOREIGN SERVICE work, and, if the latter, reduction from speech. This special compensation is total disability ratings will not be con­ payable in addition to the basic rate of Visa Services for Aliens sidered pending reexamination after a compensation otherwise payable on the period of employment (3 to 6 m onths). basis of degree of disability, provided that Part 22, Chapter I, Title 22 of the Code (b) Tuberculosis; compensation. In the combined rate of compensation does 0 Federal Regulations, is amended pur­ service-connected cases, evaluations for not exceed $400 monthly ($500 monthly suant to the Act of October 21, 1968, to active or inactive tuberculosis will be effective Jan. 1,1969) when authorized in delete the statutory citations in Items 20 governed by the Schedule for Rating Dis­ conjunction with any of the provisions of and 21 covering immigrant application abilities (Part 4 of this chapter). Where 38 U.S.C. 314 (a) through (j) or (s). When there is entitlement under 38 U.S.C. and visa fees in § 22.1. in the opinion of the rating board the 314 (1) through (n) or an intermediate follow^ 111 20 iS amended to read as veteran at the expiration of the period rate under (p) such additional allowance during which a total rating is provided is payable for each such anatomical loss

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16274 RULES ANO REGULATIONS or loss of use existing in addition to the monthly rate $425 ($525 effective Jan, 1, disabilities independently ratable at 50 requirements for the basic rates, provided 1969). percent or more will afford entitlement the total does not exceed $600 per month (ii> Anatomical loss or loss of use of to the next higher intermediate rate or ($700 per month effective Jan. 1, 1069). one extremity with anatomical loss of if already entitled to an intermediate The limitations on the m axim um com ­ another extremity so near the shoulder rate to the next higher statutory rate pensation payable under this paragraph or hip as to prevent the use of a pros­ under 38 U.S.C. 314, but not above the are independent of and do not preclude thetic appliance will entitle to the rate (o) rate. In the application of this sub- payment of additional compensation for equal to 38 U.S.C. 314(m) ; rate $450 paragraph the disability or disabilities dependents under 38 U.S.C. 315, or the ($550 effective Jan. 1, 1969). independently ratable at 50 percent or special allowance for aid and attendance Oil) Anatomical loss or loss of use of more must be separate and distinct and provided by 38 U.S.C. 314(r). extremity at a level preventing natural involve different anatomical segments or * * ♦ * * elbow or knee action with prosthesis in bodily systems from the conditions es­ place with anatomical loss of another ex­ (b) Ratings under 38 U.S.C 314(1). tablishing entitlement under 38 U.S.C. tremity so near the shoulder or hip as The special monthly compensation pro­ 314 (1) through (n) or the intermediate to prevent the use of a prosthetic appli­ vided by 38 U.S.C. 314(1) is payable for rate provisions outlined above. The grad­ ance will entitle to the rate intermediate anatomical loss or loss of use of both uated ratings for arrested tuberculosis between 38 U.S.C. 314 (m) and (n) ; rate hands, both feet, one hand and one foot, will not be utilized in this connection, but $488 ($588 effective Jan. 1,1969). blindness in both eyes with visual acuity the permanent residuals of tuberculosis (2) Eyes, bilateral, and blindness in of 5/200 or less or being permanently may be utilized. connection with deafness, (i) Blindness bedridden or so helpless as to be in need (4) Additional independent 100 per­ of one eye with 5/200 visual acuity or of regular aid and attendance. The cent ratings. In addition to the statutory less and blindness of the other eye having monthly rate is $400 ($500 effective Jan. rates payable under 38 U.S.C. 314 (1) only light perception will entitle to the 1,1969). through (n) and the intermediate or next rate intermediate between 38 U.S.C. 314 * * * * * higher rate provisions outlined above ad­ (1) and (m) ; rate $425 ($525 effective ditional single permanent disability in­ (c) Ratings under 38 U.S.C. 314(m). Jan. 1,1969). dependently ratable at 100 percent apart The special monthly compensation pro­ (ii) Blindness of one eye with 5/200 from any consideration of individual un­ vided by 38 U.S.C. 314(m) is payable for visual acuity or less and anatomical loss, employability will afford entitlement to anatomical loss or loss of use of two ex­ or blindness having no light perception the next higher statutory rate under 38 tremities at a level or with complications accompanied by phthisis bulbi, eviscer­ U.S.C. 314 or if already entitled to an in­ ation or other obvious deformity or dis­ preventing natural elbow or knee action termediate rate to the next higher inter­ with prosthesis in place; or for blindness figurement of the other eye, will entitle mediate rate, but in no event higher than to a rate equal to 38 U.S.C. 314 (m) ; rate in both eyes having only light percep­ the rate for (o ). In the application of this $450 ($550 effective Jan. 1, 1969). tion; or for blindness in both eyes render­ subparagraph the single permanent dis­ ing him so helpless as to be in need of (iii) Blindness of one eye having only ability independently ratable at 100 per­ regular aid and attendance. The monthly light perception and anatomical loss, or cent must be separate and distinct and rate is $450 ($550 effective Jan. 1, 1969). blindness having no light perception ac­ involve different anatomical segments companied by phthisis bulbi, evisceration * * * * * or bodily systems from the conditions or other obvious deformity or disfigure-! (d) Ratings under 38 U.S.C. 314(n). establishing entitlement under 38 U.S.C. ment of the eye, will entitle to a rate The special monthly compensation pro­ 314 (1) through (n) or the intermediate intermediate between 38 U.S.C. 314 (m) vided by 38 U.S.C. 314 (n) is payable for rate provisions outlined above. and (n) ; rate $488 ($588 effective Jan. 1, the anatomical loss of two extremities so (i) Where the multiple loss or loss of 1969). near the shoulder or hip as to prevent the use entitlement to a statutory or inter­ use of a prosthetic appliance or anatomi­ (iv) Total blindness of both eyes hav­ mediate rate between 38 U.S.C. 314 (1) cal loss of both eyes. The rate is $525 per ing no light perception accompanied by and (o) is caused by the same etiological month ($625 effective Jan. 1, 1969). Am­ phthisis bulbi, evisceration, or other ob­ disease or injury, that disease or injury putation is a prerequisite. If a prosthesis vious deformity or disfigurement will may not serve as the basis for the inde­ cannot be worn at the present level of entitle to a rate equal to 38 U.S.C. 314 pendent 50 percent or 100 percent unless amputation but could be applied if there (n) ; rate $525 ($625 effective Jan. 1, it is so rated without regard to the loss were a reamputation at a higher level the 1969). or loss of use. requirements of this paragraph are not (v) Blindness in both eyes rated under (ii) The graduated ratings for ar­ met; instead, consideration will be given 38 ’U.S.C. 314 (1), (m) or (n), or under rested tuberculosis will not be utilized in to loss of natural elbow or knee action. the intermediate or next higher rate this connection, but the permanent re­ (e) Ratings under 38 U.S.C. 314(o). provisions outlined above, when accom­ siduals of tuberculosis may be utilized. The special monthly compensation pro­ panied by: (g) Inactive tuberculosis (complete vided by 38 U.S.C. 314(o) is payable for (a) Service-connected total deafness arrest). The rating criteria for deter­ conditions entitling to two or more of the in one ear, will afford entitlement to the mining inactivity of tuberculosis are rates (no condition being considered next higher intermediate rate or if the set out in § 3.375. twice) provided in 38 U.S.C. 314 (1) veteran is already entitled to an inter­ (1) For a veteran who was receiving through (n) or for bilateral deafness mediate rate to the next higher statutory or entitled to receive compensation for rated at 60 percent or more disabling, rate under 38 U.S.C. 314, but not higher tuberculosis on August 19, 1968, the and the hearing impairment in one or than the (o) rate; or minimum monthly rate is $67. This mini­ both ears is service connected, in com­ (b) Bilateral deafness rated at no less mum special monthly compensation is bination with service-connected blind­ than 40 percent, and the hearing im­ not to be combined with or added to any ness with bilateral visual acuity 5/200 pairment in one or both ears is service other disability compensation. or less. The monthly rate is $600 ($700 connected, will afford entitlement to the (2) For a veteran who was not receiv­ effective Jan. 1, 196£T). next higher statutory rate under 38 ing or entitled to receive compensation $ $ * * * U.S.C. 314 or if the veteran is already for tuberculosis on August 19, 1968, the special monthly compensation author­ (f) Intermediate or next higher rate; entitled to an intermediate rate to the ized by subparagraph (1) of this para- 38 UJS.C. 314(p)— ( l ) Extremities, (i) next higher intermediate rate, but in no Anatomical loss or loss of use of one ex­ event higher than the rate for (o). ;raph is not payable. tremity with the anatomical loss or loss (3) Additional independent 50 percent (h) Special aid and attendance bene- disabilities. In addition to the statutory It in maximum monthly compensation of use of another extremity at a level or rates payable under 38 U.S.C. 314 (1) uses; 38 U.S.C. 314(r). A veteran receiv- with complications preventing natural through (n) and the intermediate or ng the maximum rate ($600; $700 effec- elbow or knee action with prosthesis in next higher rate provisions outlined ive Jan. 1, 1969) of special montmy place will entitle to the rate intermedi­ above, additional single permanent dis­ ompensation under any provision o ate between 38 U.S.C. 314 CD and (m ); ability or combinations of permanent ombination of provisions in 38 Ufj. •

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 RULES AND REGULATIONS 16275

314 who is in need of regular aid and Outpatient Service will be in order in der section 314(1) on account of need attendance is entitled to an additional questionable cases and, if necessary, to for aid and attendance his compensation allowance during periods he is not hos­ the Chief Medical Director in Central will be reduced while hospitalized to the pitalized at U.S. Government expense. Office. following: (See § 3.552(b) (2) as to continuance fol­ * * * * * (1) If entitlement is under section lowing admission for hospitalization.) 314(1) and in addition there is need for § 3.375 Determination of inactivity Rate is $250 ($300 effective Jan. 1, 1969). (complete arrest) in tuberculosis. regular aid and attendance for another Determination of this need is subject to disability, the award during hospitaliza­ the criteria of § 3.352. This additional ( a ) Pulmonary tuberculosis, ( 1 ) A vet­ tion will be $450 ($550 effective Jan. 1, allowance is payable whether or not the eran shown to have had active pulmo­ 1969) since the disability requiring aid need for regular aid and attendance was nary tuberculosis will be held to have and attendance is 100 percent disabling. a partial basis for entitlement to the reached a condition of “complete arrest” (38 U.S.C. 314(p)) maximum $600 ($700 effective Jan. 1, when a diagnosis of inactive is made. (2) If entitlement is under section 1969) rate, or was based on an independ­ Noncavitary pulmonary tuberculosis will 314(m), $525 ($625 effective Jan 1, ent factual determination. be considered to be inactive when bac­ 1969). (i) Total plus 60 percent, or house­ tériologie tests have been negative on (3) If entitlement is under section bound; 38 U.S.C. 314(s). The special serial examinations for 6 months and 314(n), $600 ($700 effective Jan. 1, 1969 " monthly compensation at the rate of $350 serial roentgenograms have shown stable would be continued, since the disability ($450 effective Jan. 1, 1969) provided or slightly clearing or contracting lesions previously causing the need for regular by 38 U.S.C. 314(s) is payable where the with no evidence of cavitation for 6 aid and attendance would then be totally veteran has a single service-connected months. Cavitary pulmonary tuberculosis disabling entitling him to the maximum disability rated as 100 percent under reg­ will be considered to be inactive when rate under 38 U.S.C. 314(p). ular schedular evaluation and, bactériologie examinations have been (h) If, because of blindness, a veteran * * * * * negative on serial examinations for 18 requires regular aid and attendance, but months; the presence of residual cavita­ 3. Section 3.372 is revised to read as has better vision than “light percep­ tion is permitted and slight variations in follows: tion only” his award under 38 U.S.C. size of the cavity are permissible. 314(m) $450 ($550 effective Jan. 1, 1969) § 3.372 Initial grant following inactivity (2) Following the determination of in­ will be reduced while hospitalized to the of tuberculosis. activity (complete arrest) under the rate payable under 38 U.S.C. 314(1) When service connection is granted criteria in subparagraph (1) of this para­ ($400; $500 effective Jan. 1, 1969). graph, the finding of* acid fast bacilli in initially on an original or reopened claim * * * * * for pulmonary or nonpulmonary tuber­ an occasional specimen of sputum or gas­ tric contents will not of itself establish 8. Section 3.959 is added to read as culosis and there is satisfactory evidence follows: that the condition was active previously activity of the disease unless confirmed but is now inactive (arrested), it will be by typical growth and other identifica­ § 3.959 Tuberculosis. tion of M. Tuberculosis. presumed that the disease continued to Any veteran who, on August 19, 1968, (b) Nonpulmonary disease. Determi­ be active for 1 year after the last date was receiving or entitled to receive com­ nation of complete.arrest of nonpulmo­ of established activity, provided there is pensation for active or inactive (ar­ nary tuberculosis requires absence of evi­ no evidence to establish activity or in­ rested) tuberculosis may receive com­ dence of activity for 6 months. If there activity in the intervening period. For a pensation under 38 U.S.C. 314(q) and are two or more foci of such tubercu­ veteran entitled to receive compensation 356 as in effect before August 20, 1968. losis, one of which is active, the condi­ on August 19, 1968, the beginning date (Public Law 90-493; 82 Stat. 809) of graduated ratings will commence at tion will not be considered to be inactive (72 Stat. 1114; 38 U.S.C. 210) the end of the 1-year period. For a vet­ until the tuberculous process has reached eran who was not receiving or entitled arrest in its entirety. These VA regulations are effective Au­ to receive compensation on August 19, (c) Arrest following surgery. Where gust 19, 1968. 1968, ratings will be assigned in accord­ there has been surgical excision of the Approved: October 31, 1968. ance with the Schedule for Rating Dis­ lesion or organ, the date of complete ar­ abilities (Part 4 of this chapter). This rest will be the date of discharge from By direction of the Administrator. section is not applicable to running the hospital, or 6 months from the date [ seal] A . H . M o n k , award cases. of excision, whichever is later. 7. In § 3.552, paragraphs (a)(3), (g), Acting Deputy Administrator. § 3.373 Association o f certain diseases and (h) are amended to read as follows: [F.R. Doc. 68-13414; Filed, Nov. 5, 1968; with tuberculosis. [Revoked] 8:46 a.m.] § 3.552 Adjustment o f allowance for 4. Section 3.373 is revoked. regular aid and attendance. 5. In § 3.374, paragraphs (a) and (b) are amended to read as follows: (a) * * * (3) Additional compensation for de­ Title 39— POSTAL SERVICE 8 3.374 Effect o f diagnosis o f active tu­ pendents under § 3.4(b) (2) is payable Chapter I— Post Office Department berculosis. during hospitalization in addition to the (a) Service diagnosis. Service depart­ rates authorized by this section. The SUBCHAPTER C— INTERNATIONAL MAIL ment diagnosis of active pulmonary rates specified will also be increased by APPENDIX— DIRECTORY OF tuberculosis will be accepted unless a amounts authorized under 38 U.S.C. INTERNATIONAL MAIL board of medical examiners, Clinic 314(k) based on independently ratable Director or Chief, Outpatient Service disability, subject to the statutory ceiling In the appendix to Subchapter C— certifies, after considering all the evi­ on the total amount of compensation Directory of International Mail, make dence, including the favoring or oppos­ payable (wartime rate $600; $700 effec­ the following changes under the country ing tuberculosis and activity, that such tive Jan. 1,1969). item Rumania: diagnosis was incorrect. Doubtful cases * * * * * I. Under Postal Union Mail, make the may be referred to the Chief Medical (g) Where a veteran entitled to onefollowing changes: Director in Central Office. of the rates under 38 U.S.C, 314. (1), A. Amend the first paragraph therein to read as follows: (b) Veterans Administration diagnosis. (m ), or (n) or their corresponding peace­ Classifications, weight limits, and Diagnosis of active pulmonary tuber- time equivalent by reason of anatomi­ cal losses or losses of use of extremities, dimensions. See Chart 1 in the front of culosis by the medical authorities of the blindness (visual acuity 5/200 or less or the appendix and Part 222 of this Veterans Administration as the result of light perception only), or anatomical loss chapter. Small packets not accepted, un­ examination, observation, or treatment of both eyes is being paid compensation less addressed to hospitals or scientific will be accepted for rating purposes. R ef­ of $600 ($700 effective Jan. 1, 1969) be­ institutions and containing therapeutic erence to the Clinic Director or Chief, cause of entitlement to another rate un­ products or apparatus.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 No. 217------2 16276 RULES AND REGULATIONS

B. Amend Prohibitions to read as L ist of Commodities A dmitted to R umania in L ist of Commodities Admitted to Rumania in follows: Gift Parcels A ddressed to I ndividuals— Con. Gift P arcels Addressed to I ndividuals—-Con. Prohibitions. Dutiable articles in letter Item Types of articles Maximum Item Types of articles Maximum packages, unless sent under registration No. quantity to hospitals or scientific institutions and No. quantity containing therapeutic products or ap­ Toilet soap...... 6 articles. 69 Household electric appli- 1. paratus. Perishable biological materials. Shaving soap______¿articles. ances. 70 Vacuum tubes and tran- 1. II. Under Parcel Post, make the fol­ Razors...... 1. Safety razors______1. sistors. lowing changes: Blade sharpeners...... 1. 71 Photographic articles______1. A. Under Postal forms required, strike Hair clippers_____ ...... 1. 72 Photographic paper, film, 10)4 oz. Scissors...... L chemicals. out “ (Two Forms 2966 for gift parcels.) ”. Manicure sets...... 1. 73 Replacement parts for 1 item or 1 set. B. Amend Observations to read as Razor blades...... 50. vehicles and household Hair dryers, massagers, etc. 1. appliances. follows: Hair dyes, lotions, oils, etc. 1 lb. Observations. Gift parcels addressed to Curlers, hairpins...... 2 dozen. (5 U.S.C. 301, 39 U.S.C. 501, 505) individuals are subject to the restrictions 38 Articles for personal use: Eyeglasses______1 pair. given below. The restrictions do not ap­ Eyeglass lenses...... 1 pair. T im o t h y J. May, ply to gift parcels sent to hospitals and Other medical articles for 1. General Counsel. household use. scientific institutions and containing Automatic pencils...... 6. [FJR. Doc. 68-13413; Filed, Nov. 5, 1968; therapeutic products and apparatus. Fountain pens______1. 8:46 a.m.] Articles in soldered tin cans are pro­ Watches______1. Precious jewelry______1 article (1 oz.). hibited, except for medicaments. Parcels Imitation jewelry and 3 articles, containing medicaments should not con­ other ornaments. 39 Leather goods: tain any other articles. An individual in Wallets...... 1. Title 41— PUBLIC CONTRACTS Rumania may receive gift parcels up to Handbags_____ r.______1. Briefcases...... L a total weight of 55 pounds per year. The Purses...... 1. AND PROPERTY MANAGEMENT contents are limited to the items shown Pencil cases______L Eyeglass cases______L Chapter 14— Department of the in the following list, not exceeding the Valises, suitcases...... 1. quantities indicated. If a parcel does not Watch bands______. . . 3. Interior Straps, belts______3. comply with the restrictions, customs 40 Musical instruments...... 1. PART 14-1— GENERAL 41 Disk records______1. duty is collected at double rates. 42 Recording tapes______5. 43 Household medical appli­ PART 14-30— CONTRACT FINANCING L ist of C ommodities A dmitted to R um ania in Gift ances: Parcels A ddressed to Individuals Hearing aids______1. Subpart 14-1.4— Procurement Batteries for hearing aids.. 1 dozen. Item Types of articles Maximum Rechargers for hearing aid 1. Responsibility and Authority No. quantity batteries. Orthopedic corsets. ______L Subpart 14-30.4— Advance Payments Elastic stockings...... 1. 1 Underwear for adults _ . . . . 2 articles each kind’ Hernia supports______L Pursuant to the authority of the Sec­ 2 Underwear for children_____ 3 articles each kind* Various prosthetic devices. 1. 3 Scarfs, babushkas______3 each. Thermometers...... 1. retary of the Interior, contained in 5 4 Neckerchiefs______3. Syringes with needles..___ 1. U.S.C. 22, Parts 14-1 and 14-30 of Chap­ 3 Turkish towels______6. Heating pads______1. 6 Handkerchiefs______12. Medical bags______1. ter 14, Title 41 of the Code of Federal "i Neckties______6. Artificial teeth...... 1 set. Regulations are hereby approved as set 8 Raincoats______1, or material for 1. ' Dental cement, solution 3)4 oz. forth below. 9 Blouses______3, or material for 3. and wax. 10 Dresses______. . . 3, or material for 3. Alloys for dentures....___ l)io z . It is the general policy of the Depart­ 11 Ladies’ suits______1, or material for 1. Surgical belts______1. m ent of the Interior to allow time for 12 Men’s suits______1, or material for 1. 44 Various articles for sport____ 1. 13 Overcoats______1, or material for 1. 45 Various articles for fishing... L interested parties to take part in the 14 Topcoats______1, or material for 1. 46 Slide rules. . ______1. public rulemaking process. However, be­ 15 Clothing for children.______3 articles. 47 Compass sets______n____ 1. 16 Clothing of leather or fur,___ 1 article. 48 Water colors______I box. cause these parts are largely a general 17 Decorating materials, drap- 11 yards. 49 Artists’ brushes______6. statement of Departmental policy and eries, curtains, upholstery * 50 Articles for school, office or 1 item or 1 dozen; internal procedure the rulemaking proc­ fabrics. personal use. 18 Caps, berets______2. 51 Sewing machine needles..... 6. ess will be waived and these parts will 19 Pullovers, sweaters______2. 52 Knitting machine needles__ 5. become effective upon publication in the 20 Fur-lined hats______1. 53 Knitting needles______2. 21 Jerseys, jackets______2. 54 Safety pins______1 dozen. F ederal R egister. 22 Gloves______2 pairs. 55 Foods, nonperishable and 23 Ladies’ hosiery, silk or 6 pairs. not in hermetically H arry R. A nderson, nylon. sealed containers: Acting Secretary of the Interior. 24 Men’s hosiery...... 6 pairs. Candy______4 lbs. 6 oz: 25 Children’s hosiery..______6 pairs. Coffee.— — ...... 2 lbs. 3oz. 26 Tablecloths______1. Cocoa______17)4 oz. O ctober 31, 1968. 27 Silk, nylon or similar fabrics. 3)6 yards. Condiments...... 8)4 oz. ubpart 14-1.4— Procurement Responsibility and 28 Blankets, shawls__ .... ____ 1. Biscuits, cakes...... 4 lbs. 6 oz: 29 Carpets, rugs______1. Chocolate______2 lbs. 3 oz: Authority 30 Table napkins______6. Dried fruit______4 lbs. 6 oz; 31 Bed sheets______2. Italian food pastes...... 4 lbs. 6 oz; 1-1.401 Responsibility of the head of 32 Pillow cases______3. Other foodstuffs...... Normal amounts. the procuring activity. 33 Material for 1 pair of shoes 56 Optical appliances and in- 1 of each. Authority of contracting officers. or boots: struments (microscopes, 1-1.402 Shoes for men______2 lbs. 3 oz. of soling binoculars, magnifying 1—1.404 Selection, designation, and ter­ and 14 oz. of glasses). mination. of designation of leather. 57 Umbrellas or parasols______1. contracting officers. Shoes for ladies______1 lb. 8 oz. of soling 58 Varnishes, resinous prod- 17)6 oz. and 14 oz. of ucts, dyes and other L-l .404-1 Selection- leather. chemical products. t-1.404-2 Designation. Boots______Double the above. 59 Smoking accessories of an 1 of each kind, t-1.404-3 Termination of designation. 34 Knitting wool______1 lb. kinds. 1—1.404—4 Assignment of duties to con­ 35 Sewing thread______3)6 oz. 60 Cigarettes______100. 36 Articles of haberdashery: 61 Various footwear______1 pair. tracting officers. Snaps, hooks, buttons, etc. 2 dozen. 62 Various toys______5 items. t-1.405 Ratification of unauthorized Buckles, fasteners, darn- 2. 63 Bicycles, children’s cars..... 1. contract awards. ing needles. 64 Tools fear workmen or 1. t-1.450 Contracting officer’s represent­ Ribbon, lace, cords______3)6 oz. of each; farmers. 37 Toilet articles: 65 Various household articles... 1 or 2 articles. atives. Toilet water______17 fl. oz. 66 Bulbs, seeds, cuttings, 14 oz. 1-1.450-1 Designation. Perfumes______:______1.7 fl. oz. flowers and plants. 1-1.450-2 Authority and limitations. Toothbrushes______3. 67 Biological specimens No limit. t-1 450-3 Terminations of designations. Shaving brushes...______1. (stuffed birds and C om b s..______;______3. t-1.450—4 Distribution and acknowledge­ Lipsticks______:____ 3. mounted insects for ments of designations ana study). Rouge______2. terminations. Face cream ..______- _____ 2 articles. 68 Live bees______20.

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 RULES AND REGULATIONS 16277

§ 14—1.405 Ratification of unauthorized § 14—1.451 Delegation and redelegation 14-1451 Delegation and redelegation of contract awards. of authority and designation o f con­ authority and designation of tracting Officers. contracting officers. Otherwise proper contracting and pro­ 14-1.451-1 Delegation of authority. curement actions taken by contracting § 14—1.451—1 Delegation of authority. 14_1451_2 Designation of contracting offi­ officers in excess of their delegated au­ Except for such limitations as are pre­ cer positions. thority may be ratified. Such ratifica­ scribed elsewhere, the authority of the 14-1.451-3 Exercise and termination of tions shall be accomplished in the same Secretary with respect to all matters re­ authority. manner as prescribed in § 1-1.405 of 14-1.451-4 Redelegation of authority. lating to contracting and procurement of 14-1.451-5 Procedures. this chapter. supplies, services, and construction, is hereby delegated to the contracting of­ Authority. The provisions of this Part 14-1 § 14—1.450 Contracting officer’ s repre­ issued under sec. 205(c), 63 Stat. 390; 40 sentatives. ficer positions designated in § 14-1.451-2. U.S.C. 486(c). § 14—1.450—1 Designation. § 14—1.451—2 Designation of contract­ ing officer positions. Subpart 14—1.4— Procurement (a) A contracting officer may desig­ Responsibility and Authority nate a person to act as his authorized (a) Each of the position titles of the representative to administer a contract, following are designated as contracting § 14—1.401 Responsibility of the head in whole or in part. officer positions: of the procuring activity. (b) The contracting officer shall en­ (1) Heads of the bureaus and offices Except as may otherwise be specifi­ sure that the person designated to act listed in § 14-1.006-1. cally prescribed, the head of each pro­ as his authorized representative pos­ (b) Heads of bureaus and offices may curing activity has full responsibility for sesses the necessary qualifications and also designate contracting officer posi­ the procurement of supplies, services and experience. tions. construction, including all related m at­ (c) Generally, a contracting officer’s § 14—1.451—3 Exercise and termination ters, under the cognizance of his representative shall be designated by o f authority. activity. name and position title, but when it is (a) Persons appointed to designated §14—1.402 Authority of contracting not feasible to make the designation in contracting officer positions, or any one officers. that manner the title only may. be used. designated to act for them in their ab­ The authority under § 1-1.402 of this (d) Each designation of a contracting sence, must exercise their duties and re­ chapter shall be exercised in conformity officer’s representative shall be in writing sponsibilities in respect thereto in con­ with the delegation and redelegation of and shall clearly define the scope and formity with the authority given. In ad­ authority in § 14-1.451. limitations of the authority of the repre­ dition all applicable requirements, stat­ sentative. Changes in the scope and utes, regulations, and executive orders § 14—1.404 Selection, designation, and limitations of authority may be accom­ must be complied with. Failure to com­ termination of designation o f con­ tracting officers. plished either by issuance of a new desig­ ply with any of the above requirements nation or by an amendment to the exist­ may warrant termination of the delega­ The authority under this section shall ing designation. When the same repre­ tion of authority. be exercised in conformity with sentative is to act for the contracting (b) The contracting and procurement § 14-1.451. officer on more than one contract, a authority, delegated or redelegated, /nay § 14—1.404—1 Selection. separate designation for each contract be terminated by the delegator for any or a general designation may be issued. reason. The same procedures used in In addition to the requirements in delegating or redelegating the authority § 1-1.404-1 of this chapter the follow­ (e) A designation of a contracting officer’s representative shall remain in shall be followed. No termination of au­ ing actions are to be taken before a per­ thority shall operate retroactively. son is selected as a contracting officer: effect throughout the life of the contract (a) Any position description which concerned unless revoked sooner by the § 14—1.451—4 Redelegation of authority. contracting officer. includes contracting officer functions (a) The authority delegated in § 14- shall contain a clear statement of the § 14—1.450—2 Authority and limitations. 1.451-1 may be redelegated to other con­ contracting officer duties, responsibilities, A contracting officer’s representative tracting officer positions in conformity authorities and limitations. may act for the contracting officer in ad­ with this section, with such limitations (b) An affirmative showing must be ministering a contract but shall not be as may be considered appropriate. made that the person selected as a con­ empowered to execute supplemental (b) In determining the extent to which tracting officer does in fact meet the re­ agreements, make a final decision on any the authority should be redelegated, the quirements of the position and has a matter which would be subject to appeal following factors should be considered: demonstrated capacity to perform those under the disputes clause of the contract, volume of contracting and procurement duties, responsibilities, and functions. - or terminate for any cause the contrac­ programs; presence or capability of ob­ § 14—1.404—2 Designation. tor’s right to proceed. taining adequately trained personnel ; availability of existing offices where the It is the Department’s policy to dele­ § 14—1.450—3 Terminations o f designa­ functions, if transferred, could be better tions. gate and to redelegate authority to posi­ exercised; consolidation of smaller con­ tions rather than to individuals. The Terminations of designations of con­ tracting and procurement programs and authority under this section shall be ex­ tracting officer’s representatives shall be offices with larger program operations ercised in conformity with § 14-1.451. made in writing and may not operate and offices on a geographical basis; and § 14-1,404—3. Termination o f designa­ retroactively. the overall strengthening of the con­ tion. § 14—1.450—4 Distribution and acknowl­ tracting and procurement process by the selection of qualified personnel. The requirements of § 14-1.451 are ap­ edgments of designations and termi­ nations. plicable in addition to those in § 14—1.451—5 Procedures. § 1-1.404-3 of this chapter. Two copies of each designation or re­ All redelegations of authority to con­ vision thereof or termination of desig­ tracting officer positions and all desig­ § 14-1.404—4 Assignment of duties to nation shall be furnished to the contrac­ nations of contracting officer positions contracting officers. tor by the contracting officer. The con­ shall be published in the F ederal R eg­ The requirements of § 14-1.451 are tractor shall be required to acknowledge ister and shall become effective on the applicable in addition to those in receipt on one copy and return it to the date published, unless a different date is § 1-1.404-4 of this chapter. contracting officer for retention. indicated.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16278 RULES AND REGULATIONS

Subpart 14—30.4— Advance Payments implements the International Conven­ Sec. tion for the Regulation of Whaling signed Title 42— PUBLIC HEALTH 14-30.406 Responsibility—delegation of at Washington, December 2, 1946, by the authority. United States of America and certain Chapter 1—Public Health Service, De­ 14-30.406-50 Special approvals. other Governments. Section 13 of the partment of Health, Education, and A u t h o r it y : The provisions of this Part Act (64 Stat. 425; 16 U.S.C. 916K), pro­ Welfare vides that regulations of the Interna­ 14-30 issued under sec. 205(c), 63 Stat. 390; SUBCHAPTER D— GRANTS 40 U.S.C. 486(c). tional Whaling Commission shall be submitted for publication in the F ederal PART 57— GRANTS FOR CONSTRUC­ Subpart 14—30.4— Advance Payments R egister by the Secretary of the Inte­ TION OF HEALTH RESEARCH FA- § 14—30.406 Responsibility— delegation rior. Regulations of the Commission are CILITIES (INCLUDING MENTAL RE­ o f authority. defined to mean the whaling regulations in the schedule annexed to and consti­ TARDATION RESEARCH FACILITIES) Proposed contracts (or class of simi­ tuting a part of the Convention in their TEACHING FACILITIES, STUDENT lar contracts) that are to contain provi­ original form or as modified, revised, or LOANS, EDUCATIONAL IMPROVE­ sions for advance payments shall be amended by the Commission. The provi­ MENT AND SCHOLARSHIPS executed only after the clause pertain­ sions of the whaling regulations, as orig­ ing to the advance payment and any inally embodied in the schedule annexed Subpart H— Grants To Improve the other terms or conditions related thereto to the Convention, have been amended Quality of Training Centers for Al­ have been approved. Approval shall be several times by the International Whal­ lied Health Professions obtained from the Assistant Secretary ing Commission, the last amendment for Administration after he has deter­ Subpart I— Grants for Construction having been brought into effect on Octo­ mined, based upon written findings as of Teaching Facilities for Allied ber 10, 1968. The provisions of these provided in § 1-30.405 of. this chapter, Health Professions Personnel that the making of the advance payments regulations are applicable to nationals is in the public interest. The contracting and whaling enterprises of the United A ddition of “ S anitarian” and “Sanitar­ officer may make the advance payment States. ian T ec h n ic ia n ” to L ist of eligible once the approval has been obtained. C urricu lu m s Amendments to the whaling regula­ § 14—30.406—50 Special approvals. tions are adopted by the International Notice of proposed rulemaking, public rulemaking procedures, and postpone­ (a) Under contracts with States or Whaling Commission pursuant to Arti­ ment of effective date have been omitted similar public bodies for foster home care cle V of the Convention without regard in the issuance of the following amend­ of Indian children, the Commissioner of ‘to the notice and public procedure re­ ments to Subpart H— Grants To Improve Indian Affairs is authorized to make ad­ quirements of the Administrative Pro­ the Quality of Training Centers for Al­ vance payments for periods not in excess lied Health Professions, and Subpart I— of 90 days. The Commissioner is re­ cedure Act (5 U.S.C. 553). Accordingly, Grants for Construction of Teaching quired to make a detailed report to the in fulfillment of the duty imposed upon Facilities for Allied Health Professions Assistant Secretary for Administration Secretary of the Interior by section 13 Personnel, which relate solely to grants. of such payments at the close of each of the Whaling Convention Act of 1949, The purposes of these amendments are fiscal year. the whaling regulations published as to add “Sanitarian” to the lists of cur­ (b) Under contracts with State Uni­ Part 351, Title 50, Code of Federal Reg­ riculums specified in § § 57.703 (a) and versities or similar public bodies for sur­ 57.803(a) of the Public Health Service veys of physical resources and the ulations, as the same appeared in 33 F.R. regulations, and “Sanitarian Technician” development of studies of social and 2777 are amended as follows: to the lists specified in §§ 57.703(b) and economic factors affecting Indian tribes, 1. In paragraph (a) of § 351.1 the the Commissioner of Indian Affairs is 57.803(b) of such regulations. words “the Antarctic” are deleted. These amendments shall become effec­ authorized, without specific security, to 2. In paragraph (b) of § 351.1 after tive on the date of publication in the make advance payments for periods not word “station” at the end of the first in excess of 90 days. The Commissioner F ederal R egister. Part 57 of Subchapter D of Chapter I is required to make a detailed report to sentence add a new sentence reading as of Title 42 is amended as follows: the Assistant Secretary for Administra­ follows : “There shall be maintained such observers as the member countries having 1. In Subpart H, paragraphs (a) and tion of such payments at the close of each (b) of § 57.703 are amended by adding jurisdiction over land stations may fiscal year. “Sanitarian” and “Sanitarian Techni­ arrange to place at each other’s land [P.R. Doc. 68-13399; Piled, Nov. 5, 1968; cian,” respectively, to the lists of cur­ 8:45 a.m.] stations.” riculums as follows: 3. In paragraph (a) of § 351.8 the fig­ § 57.703 Specified curriculums. ures “1967-68” are changed to read (a) Basic and special improvement “ 1968-69.” Title 50— WILDLIFE AND grant funds authorized under section 792 These amended regulations shall be­ of the Act may be used to develop and FISHERIES come effective upon the date of publica­ improve curriculums which qualify stu­ tion in the F ederal R egister. dents for the baccalaureate degree or its Chapter III— International Regulatory equivalent or masters degree to the ex­ Issued at Washington, D.C., pursuant Agencies (Fishing and Whaling) tent required to meet basic professional to authority delegated to me by the Sec­ requirements for employment as one oi SUBCHAPTER B— INTERNATIONAL WHALING retary of the Interior on August 26, 1966 COMMISSION the following: (31 F.R. 11685), and dated November 1, ***** PART 351— WHALING 1968. (9) Sanitarian. R u ssell T . N orris, (b) Basic and special improvement Inspection and Catch Quota for Acting Director, Baleen Whales Bureau of Commercial Fisheries. grant funds authorized under section 792 of the Act may also be used to develop The Whaling Convention Act of 1949 [F.R. Doc. 68-13411; Filed, Nov. 5, 1968; and improve curriculums which qual 7 (64 stat. 421-425; 16 U.S.C. 916 et seq.), 8:46 am .]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 RULES AND REGULATIONS 16279 students for the associate degree or its construction of facilities to provide train­ (12) Sanitarian Technician. equivalent and for employment as one ing in any of the following curriculums: ***** of the following: (a) Baccalaureate or higher degree. (Secs. 215(b), 795 of the Public Health Serv­ Curriculums which qualify students for * * * * * ice Act, as amended; 58 Stat. 690, 80 Stat. the baccalaureate degree or its equiva­ 1228-1229; 42 U.S.C. 216(b), 295h-4) (12) Sanitarian Technician. lent or a higher degree to the extent re­ * * * * * quired to meet the basic professional re­ Dated: October 9, 1968. 2. In Subpart I, paragraphs (a) and quirements for employment as one of [ seal] R obert Q . M arston, the following: (b) of § 57.803 are amended by adding Director, “Sanitarian” and “Sanitarian Techni­ ♦ * * * * National Institutes of Realty. cian,” respectively, to the lists of curric­ (9) Sanitarian. Approved: October 31,1968. ulum as follow s: (b) Associate degree. Curriculums which qualify students for the associate W ilbur J. C o h e n , § 57.803 Specified curriculums. degree or its equivalent and for employ­ Secretary. Grant funds authorized under section ment as one of the following: [F.R. Doc. 68-13439; Filed, Nov. 5, 1968; 791(a) of the Act may be used for the * * * * * 8:48 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16280 Proposed Rule Making

Fisheries. Other options previously ac­ Breton Island, to Cabot Strait; thence DEPARTMENT OF THE INTERIOR ceptable are no longer acceptable as they along the coasts of Cape Breton Island, do not provide the necessary information Nova Scotia, New Brunswick, Maine, New Fish and Wildlife Service on the amount of regulated species and Hampshire, Massachusetts, and Rhode [ 50 CFR Part 240 1 other fish taken in each Subarea. Island to the point of beginning. The proposed amendments are to be (b) Regulatory area: The term “Reg­ GROUNDFISH FISHERIES Issued under the authority contained in ulatory area” means and includes the subsection (a) of section 7 of the North­ whole of those portions of the Conven­ Notice of Proposed Rule Making west Atlantic Fisheries Act of 1950 (64 tion area which are separately described At its 18th Annual Meeting held in Stat, 1069; 16 U.S.C, 986). as follows: London, England, June 4-8,1968, the In­ Prior to the final adoption of the pro­ (1) Subarea 1. T h e term “Subarea 1” ternational Commission for the North­ posed amendments, consideration will be means that portion of the Convention west Atlantic Fisheries recommended given to any data, views, or arguments area, including all waters except ter­ that the contracting governments take pertaining thereto which are submitted ritorial waters, which lies to the north appropriate action to adopt proposals in writing to the Director, Bureau of and east of a rhumb line from a point which have now been ratified by all mem­ Commercial Fisheries, Washington, D.C., in 75°00' north latitude and 73°30' west ber nations. within the period of 30 days from the longitude to a point in 69°00' north It is proposed to add new species to date of publication of this notice in the latitude and 59°00' west longitude; east those that are already under regulation F ederal R egister. of 59°00' west longitude; and to the in Subareas 3 and 4. In Subarea 3 these Issued at Washington, D.C., pursuant north and east of a rhumb line from a are ocean perch, halibut, grey sole, yel- to authority delegated to me by the Sec­ point in 61°00' north latitude and 59°00' lowtail flounder, dab, Greenland halibut, retary of the Interior on August 26, 1966 west longitude to a point in 52° 15' north pollock, and white hake. In Subarea 4, (31 F.R. 11685) and dated October 31, latitude and 42° 00' west longitude. grey sole, yellowtail flounder, black back 1968. (2) Subarea 2. The term “Subarea 2” (lemon) sole, and dab are added. This R ussell T . N orris, means that portion of the Convention proposed addition of new regulated spe­ Acting Director, area, including all waters except terri­ cies is reflected in § 240.1(c) where they Bureau of Commercial Fisheries. . torial waters, lying to the south and are listed; in a new definition of fishing west of Subarea 1 as defined in subpara­ in § 240.1(d) ; and in § 240.5(a) and PART 240— GROUNDFISH FISHERIES graph (1) of this paragraph, and to the § 240.5(b) where certain persons and Sec. north of the parallel of 52°15' north vessels are exempted when fishing for un­ 240.1 Meaning of terms. latitude. regulated species. 240.2 Registration certificates. (3) Subarea 3. The term “Subarea 3” Because of the probability that a new 240.3 Restrictions on fishing gear. means that portion of the Convention 240.4 Temporary suspension of registration U.S. stem trawler may fish in Subareas area, including all waters except ter­ certificates. ritorial waters, lying south of the paral­ 1 and 2, the Commission regulations for 240.5 Certain persons and vessels exempted. these two Subareas are proposed to be lel of 52° 15' north latitude; and to the A u th o r ity : The provisions of this Part 240 adopted. These include the regulated east of a line extending due north from Issued under sec. 7, 64 Stat. 1069; 16 U.S.C. Cape Bauld on the north coast of New­ species listed in § 240.1(c), legal mesh 986. sizes in § 240.3(a), (1) and (2), and mesh foundland to 52°15' north latitude; to size differentials for various net mate­ § 240.1 Meaning o f terms. the north of the parallel of 39°00' north latitude; and to the east and north of a rials in § 240.3(b), (1) and (2) . When used in this part, unless the con­ rhumb line extending in a northwesterly In addition it is proposed to change text otherwise requires, terms shall have direction which passes through a point the heading of Part 240 from “Haddock the meanings ascribed in this section. in 43°30' north latitude, 55°00' west and Cod Fisheries” to “Groundfish Fish­ (a) Convention area: The term “Con­ longitude, in the direction of a point in eries” to reflect the addition of the new vention area” means and includes all 47° 50' north latitude, 60° 00' west longi­ regulated species as well as the overall waters, except territorial waters, bounded tude, until it intersects a straight line interest of thè International Commission by a line beginning at a point on the connecting Cape Ray, on the coast of for the Northwest Atlantic Fisheries. coast of Rhode Island in 71°40' west Newfoundland, with Cape North on Cape Section 240.3(a) reflects a proposed longitude; thence due south to 39°00/ Breton Island; thence in a northeast­ requirement that the average mesh size north latitude; thence due east to 42°00' erly direction along said line to Cape of polypropylene nets be no less than 4^2 west longitude; thence due north to inches when measured wet after use. 50°00' north latitude; thence due west to Ray. n The differentials of various trawl net 44° 00' west longitude ; thence due north (4) Subarea 4. The term “Subarea 4’ materials as measured with an ICNAF to the coast of Greenland; thence along means that portion of the Convention gauge are reflected in § 240.3(d). the west coast of Greenland to 78° 10' area, including all waters except ter­ It is proposed to remove from the tables north latitude; thence southward to a ritorial waters, lying to the west of in § 240.3(e) various trawl net materials point in 75°00' north latitude and 73°30' area 3 as described in subparagraph (o) since they are no longer in use. west longitude; thence along a rhumb of this paragraph, and to the east of a Two new types of topside chafing gear line to a point in 69° 00' north latitude line described as follows: Beginning at are proposed to be added in § 240.3(h). and 50°00' west longitude; thence due the terminus of the international bound­ In § 240.5(d)(1) it is proposed to re­ south to 61°00' north latitude; thence ary between the United States of Amer­ move the requirement that an applica­ due west to 64°30' west longitude; thence ica and Canada in Grand Manan Chan­ tion for an annual exemption be accom­ due south to the coast of Labrador; nel, at a point in 44°46'35.34" h°™j panied by a certified statement listing thence in a southerly direction along the latitude, 66°54'11.23" west longitude, thence due south to the parallel ot 4 weight, species, and catch by month, coast of Labrador to the southern ter­ 50' north latitude; thence due west to since such a statement is no longer minus of its boundary with Quebec; needed for informational purposes. the meridian of 67°40' west longihiae, thence in a westerly direction along the It is proposed in § 240.5(d) (6) that the thence due south to the parallel of 42 * coast of Quebec, and in an easterly and only official report following each deliv­ north latitude; thence due east „ ery or sale of a catch of fish be the form southerly direction along the coasts of point in 66°00' west longitude; thence along a rhumb line in a southeasterly provided by the Bureau of Commercial New Brunswick, Nova Scotia, and Cape

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968

c PROPOSED RULE MAKING 16281

direction to a point in 42°00' north lati­ (4) In Subarea 4 : vessel for which it is issued and such cer­ tude, 65*40' west longitude; thence due (i) Cod (Gadus morhua (L .)). tificate, the vessel, its gear and equip­ south to the parallel of 39°00' north (ii) Haddock (Melanogrammus aeglefinus ment shall at all times be subject to latitude. (Ii.)). inspection for the purposes of this part (5) Subarea 5. The term “Subarea 5” (iii) In aggregate: Flounders: grey sole by officers authorized to enfdrce the pro­ means that portion of the Convention (witch) (Glyptocephalus cynoglossus (L .)) visions of this part. area, including all waters except terri­ yellowtail flounder (Limanda ferruginea § 240.3 Restrictions on fishing gear. torial waters, bounded by a line begin­ (Storer)) black back or lemon sole (winter flounder) (Pseudopleuronectes americanus (a ) ' Minimum mesh sizes. ning at the terminus of the international (W alb )) dab (American plaice) (Hippoglos- boundary between the United States of soides platessoides (Fab.)). (1) In Subarea 1, no person shall use America and Canada in Grand Manan or attempt to use from any vessel for Channel at a point in 44°46'35.34'' north (5) In Subarea 5: which a registration certificate is in latitude, 66°54'11.23" west longitude; (1) Cod (Gadus morhua (L .)). force, a trawl net or nets, parts of nets, thence due south to the parallel of 43° 50' (ii) Haddock (Melanogrammus aeglefinus or netting of manilla or of the trade north latitude; thence due west to the «*.))• named twines under the chemical cate­ gory of polypropylene having a mesh size meridian of 67°40' west longitude; (d) Fishing: The word “fishing" as defined in this section, of less than thence due south to the parallel of 42° 20' means the catching, taking, or fishing 5 Ye inches (130 mm.), or a trawl net or north latitude; thence due east to a for, or the attempted catching, taking, or nets, parts of nets, or netting of material point in 66°00' west longitude; thence fishing for any species of fish protected other than manila or polypropylene twine along a rhumb line in a southeasterly under these regulations. unless it shall have a selectivity equiva­ direction to a point in 42° 00' north lati­ (e) Fishing vessel: The words “fish­ lent to that of a 5% inch (130 mm.) tude, 65°40' west longitude; thence due ing vessel” denote every kind, type or manila trawl net. south to the parallel of 39°00' north description of watercraft subject to the (2) In Subareas 2, 3, 4, and 5 no per­ latitude; thence due west to the merid­ jurisdiction of the United States used son shall-use or attempt to use from any ian of 71°40' west longitude; thence due in or outfitted for catching or processing vessel for which a registration certificate north to a point 3 miles off the coast fish or transporting fish from 'fishing is in force a trawl net or nets, parts of of the State of Rhode Island; thence grounds. nets, or netting of manila or of the trade along the coasts of Rhode Island, M as­ (f) Trawl net: The words “trawl net” named twines under the chemical cate­ sachusetts, New Hampshire, and Maine mean any large bag net dragged in the gory of polypropylene having a mesh at a distance of 3 miles to the point of sea by a vessel or vessels for the pur­ size as defined in this section, of less than beginning. pose of taking fish. (c) These regulations shall apply to 41/2 inches (114 mm.), or a trawl net or (g) Cod end: The words “cod end” the following species by the Subareas nets, or netting of material other than mean the bag-like extension attached to they are included in and wherever in manila or polypropylene twine unless it the after end of the belly of the trawl these regulations the term regulated shall have a selectivity equivalent to that net and used to retain the catch. species is used it shall apply to those in of a 4 Yz inch (114 mm.) manila trawl net. No person shall possess at any time on this list. § 240.2 Registration certificates. board a vessel for which a registration (1) In Subareal: (a) Unless permitted to do so by certificate is in force a trawl net or nets, ■§ 240.5 no person shall engage in fishing parts of nets, or netting having a mesh (1) Cod (Gadus morhua (L .)). for these species of fish mentioned in Haddock (Melanogrammus aeglefinu size less than, that specified in this sub- § 240.1(c) within the Convention area, paragraph. (ill) Ocean perch (redfish) (Sebastes). nor shall any person possess, transport, (b) As used in this section, the term ^(jv) (Hippoglossus hippoglossu or deliver by means of any fishing vessel “mesh size” shall mean: such species taken within such area ex­ (1) With respect to any part of the (v) Grey sole (witch) (Glyptocephalu cept under a registration certificate is­ cynoglossus (L.)). net except the cod end, the average of sued and in force in conformity with the the measurements of any 20 consecutive (vi) Dab (American plaice) (Hippoglos• provisions of this part. *oides platessoides (Pah.)) . meshes in any row located at least 10 (vii) Greenland halibut (Reinhardtiu. (b) The owner or operator of a fishing meshes from the side lacings measured nippoglossoides (Walb.) ) . vessel may obtain without charge a when wet after use. registration certificate by furnishing, on (2) With respect to the cod end, the (2) In Subarea 2: a form to be supplied by the Bureau of average of the measurements of any 50 (i) Cod (Gadus morhua (L .)). Commercial Fisheries, information speci­ consecutive meshes running parallel to (ii) Haddock (Melanogrammus aeglefinu, fying the names and addresses of the the long axis of the cod end, beginning (L ) )• owner and operator of the vessel, the at the after end of the cod end, and be­ (jit) Ocean perch (redfish) (Sebastes) . name, official number and home port of (iy) Halibut (Hippoglossus hippoglossu. ing at least 10 meshes from the side iL-) )• the vessel, and the period for which the lacings or, if the cod end is less than ,Grey sole (witch) (Glyptocephalu; registration certificate is desired. The 50 meshes in length, the average of the cynoglossus (L.)). form shall be submitted, in duplicate, to measurements of the meshes in any series oJ/u (American plaice) (Hippoglos- the Regional Director, Bureau of Com­ of consecutive meshes running the full soides platessoides (Fab.)). mercial Fisheries, Gloucester, Mass., who length of the cod end, parallel to the Greenland halibut (Reinhardtiu; shall grant the registration certificate for nppoglossoides (Walb.)). _ long axis of the cod end and located at the duration specified by the applicant least 10 meshes from the side lacings, (3) In Subarea 3: in the form but in no event to extend such measurements of the cod end to beyond the end of the calendar year dur­ be made when wet after use, or, at the COd (GaWWte hok' shall be carried at all times on board the under pressure of not less than 10 nor

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16282 PROPOSED RULE MAKFNG

more than 15 pounds of a flat wedge material not mentioned above: 4Vfe inch (iv) On cod ends not having a split- shaped gauge having a taper of 2 inches (114 m m .). ting strap, the netting shall not extend to in 8 inches and a thickness of three- (e) For the purpose of approving amore than one-third the length of the thirty-seconds of an inch. dry cod end before use, as contemplated cod end measured from not less than four (d) Mesh size differentials to be usedby paragraph (b) of this section, the meshes in front of the cod line mesh. in determining the selectivity equivalent average mesh size of such cod end shall (v) The netting shall not have a mesh of different trawl net materials includ­ be determined by measuring the length size less than that specified in this sec- ' ing both the body of the net and the of any single row of meshes running the tion for the cod end to which it is cod end shall apply as follows: length of the cod end, parallel to the attached. (1) In Subarea 1 in relation to 5 Vs long axis of- the cod end and located at (2) Multiple flap-type chafer. inch (130 mm.) mesh size: least 10 meshes from the side lacings, (i) Each piece of netting shall not (1) Such part of any trawl net as is when stretched under a tension of 200 exceed 10 meshes in length; each shall made of cotton, hemp, polyamide pounds, and dividing the length by the be at least the width of the cod end, (Nylon) or polyester (Dacron) fibers: number of meshes in such row: Provided, such width being measured at right 4% inches (120 m m .). That not more than 10 percent of the angles to the long axis of the cod end at (ii) Such part of any trawl net as ismeshes in such row shall be more than the point of attachment; each shall be made of manila, polypropylene (Ulstron, one-half inch (13 mm.) smaller when fastened by its forward edge only across Courlene, Drumfil) or any other material measured bewteenknot centers than the the cod end at right angles to its long not mentioned above: 5Vs inch (130 average of the row. A cod end so meas­ axis. m m .). ured which is constructed of one of the (ii) The aggregate length of all the (2) In Subareas 2, 3, 4, and 5 in rela­ twines and is of not less than the aver­ pieces of netting shall not exceed two- tion to 4 y2 inch (114 mm.) mesh size: age mesh size specified in the table be­ thirds the length of the cod end. (i) Such part of any trawl net as is low for such twine may be approved for (iii) The netting shall not have a mesh made of cotton, hemp, polyamide (Ny­ fishing for the regulated species in Sub- size less than that specified in this sec­ lon) or polyester (Dacron) fibers 4% areas 2, 3,4, and 5 by any authorized em­ tion for the cod end to which it is inch (105 mm.). attached. ployee of the Bureau of Commercial (ii) Such part of any trawl net as is (3) Polish-type chafer. made of manila, polypropylene (Ulst­ Fisheries by the attachment to such cod (i) The rectangular piece of netting ron, Courlene, Drumfil) or any other end of an appropriate seal. attached to the upper side of the cod end shall have a mesh size at least twice Types of twine Manufacturer’s spécifications Average mesh size as large as that specified in this section for the cod end to which it is attached Manila, double strand: and shall have a width the same as that 4-ply 45-yard— ...... 5.625 inches (5% "); 4-ply 50-yard...... '...... —------5.625 inches for the cod end. 4-ply 75-yard______J______. . ___ :______5.625 inches (SwO. (ii) It shall be fastened to the cod end 4-ply 80-yard...... _•____ ...... 5.500 inches (#Hry. Westerbeke No. 2. Nylon Braid, 100% Nylon Braid.. Linear density, 38.89 yards/lb______4.6875 inches only along the forward, lateral, and rear (41Me"). edges of the netting so that the meshes Picks/inch, 9.0. Carriers, 16. exactly overlay the meshes of the cod Ends/carrier, 3. end. Total ends, 48. (iii) The netting shall be the same 840 denìèr/Ì40 filament 2 ply. 12.1 T .P.I. of " Z ” twist in singles. twine material and size as that of the 9.9 T.P.I. of “ S” twist in 2 ply. cod end. § 240.4 Temporary suspension of regis­ (f) The alteration, defacement, or re­ conforms to the specifications of either tration certificates. use of any seal affixed to a cod end in ac­ the “ICNAF-type chafer,” the “multiple cordance with this section is prohibited. flap-type chafer,” or the “Polish-type (a) The corner or operator of any fish­ (g) The repair, alteration, or other chafer” as described below. For the pur­ ing vessel which is proposed to be used modification of a cod end to which a seal poses of this paragraph, the required fishing beyond the limits of the regula­ has been affixed in accordance with this mesh size when measured wet after use tory area or is proposed to be used in section shall invalidate such seal and shall be deemed to be the average of the fishing within such area for species of such cod end shall not thereafter be measurements of 20 consecutive meshes fish other than those indicated in § 240.1(c) may obtain a temporary sus­ deemed to be approved for fishing for in a series across the netting, such meas­ pension of the registration certificate is­ the regulated species. Nothing contained urements to be made as specified in in this paragraph shall preclude the con­ § 240.3(c). Within the regulatory area, sued for such vessel for the specified pe­ riod during which such nonregulated tinued use at the option of the user of a the “ICNAF-type chafer” may be used cod end having an invalidated seal af­ in any subarea; the “multiple flap-type fishing is to be conducted. (b) Temporary suspension of regis­ fixed thereto if such cod end after repair, chafer” and the “Polish-type chafer” tration certificates shall be granted upon alteration, or other modification does not may be used in any subarea other than oral or written request, specifying the have a mesh size of less than that de­ Subarea 5. Specifications of each type of period of suspension desired, by an au­ fined in paragraph (b) of this section for chafer are as follows: thorized officer of the State of Maine or such a cod end when measured wet after (1) ICNAF (single piece) type chafer. of the State of Massachusetts or by an use. (i) The width of the netting shall be authorized officer of any one of the fol­ (h) The use in fishing for the regu­ at least 1V2 times the width of the area lowing agencies: Bureau of Commercial lated species within the regulatory area of the cod end which is covered: Such Fisheries, Coast Guard, Bureau of Cus­ of any device or method which will ob­ widths to be measured at right angles to toms, Post Office Department. Such of­ struct the meshes of the trawl net or the long axis of the cod end. ficer shall make appropriate endorse­ which otherwise will have the effect of (ii) Such netting may be fastened to ment on the certificate evidencing the diminishing the size of said meshes is the cod end of the trawl net only along duration of its suspension. prohibited: Provided, That a protective the forward and lateral edges of the § 240.5 Certain persons and vessels ex­ covering of canvas, netting, or other netting and at no other place in the material may be attached to the under­ empted. netting. side of the cod end only of the net to Except as otherwise provided in this (iii) On cod ends having a splitting reduce and prevent damage, and a rec­ section, nothing contained in §§ 240.z to tangular piece or pieces of netting may strap, the netting shall be fastened in 240.4 shall apply to: be attached to the upper side of the cod such a manner that it extends forward (a) Any person or vessel authorize end only of the net,, to reduce and pre­ of the splitting strap no more than four by the Secretary of the Interior to e vent damage, so long as the netting at­ meshes and ends not less than four gage in fishing for scientific purposes tached to the upper side of the cod end meshes in front of the cod line mesh. those species listed in § 240.1(c).

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16283

(b) Any vessel documented as a com­ the expiration date of the expiring mon carrier by the Government of the certificate. DEPARTMENT OF HEALTH, EDU­ United States and engaged exclusively (4) No renewal shall be granted if it in the carriage of freight and passengers. is determined by said Regional Director CATION, AND WELFARE (c) Any person who in the course of that the vessel for which a renewal is fishing in Subareas 3, 4, or 5 and tak­ sought was used to take quantities of reg­ Food and Drug Administration ing fish other than the regulated species ulated species in excess of the allowable takes and possesses a quantity of cod and percentages during the 12-month period [ 21 CFR Part 3 1 of haddock, and of the other regulated covered by the expiring certificate of CARBON DIOXIDE, CYCLOPROPANE, species in aggregate, not to exceed, which exemption. ETHYLENE, HELIUM, AND NITROUS ever is the greater amount: 5,000 lbs. for (5) The certificate of exemption is­ OXIDE GASES FOR DRUG USE each or 10 percent by weight for each, of sued by the Bureau of Commercial Fish­ all fish aboard the vessel taken in the eries shall be carried at all times on board Proposed Labeling Exemption subarea where fishing was conducted. The the vessel for which it is issued, and such exemption provided in this paragraph certificate, the vessel, its gear and equip­ Carbon dioxide, cyclopropane, ethyl­ shall apply separately in Subareas 3, 4, ment, and records pertaining to the ene, helium, nitrous oxide, and oxygen- and 5. catches of fish made by means of such compressed gases are unique drugs that (d) Any person who, while engaged in vessel shall at all times be subject to in­ differ from most other drugs in the mode fishing within Subareas 3, 4, or 5 of the spection for the purposes of this part of administration, distribution, and use. regulatory area, does not take in any pe­ by any officer authorized to enforce the The Food and Drug Administration Ad­ riod of 12 months the regulated species provisions of this part. visory Committee on Respiratory and Anesthetic Drugs was presented the in quantities in excess of 10 percent by (6) The owner or operator of a fishing question as to whether the gas con­ weight for each of cod, haddock, and the vessel for which a certificate of exemp­ tainers should be accompanied by label­ aggregate of the other listed species in tion is in force shall furnish on a form ing containing full information for use § 240.1(c), of all the trawl-caught fish supplied by the Bureau of Commercial of the drug by physicians; namely, the taken by such person within such period Fisheries, immediately following the de­ description of the drug, chemistry, of 12 months within each subarea. Any livery or sale of a catch of fish made by actions, animal pharmacology, indica­ such person desiring to avail himself of means of such vessel, a report1 certified tions, . contraindications, warnings (in- the exemption provided in this para­ to be correct by the owner or operator, eluding use in pregnancy), precautions, graph shall obtain a certificate of exemp­ listing separately by species and weight adverse reactions, dosage, and adminis­ tion and shall comply with the following the total quantities of all fish sold or tration. conditions: delivered. (1) The owner or operator of a fishing In consideration of this question the (7) The owner or operator of a fishing vessel proposed to be operated under the Committee recommended that in lieu of vessel for which a certificate of exemp­ exemption authorized in this paragraph the “full disclosure” information, a gen­ tion is in force, who proposes to use such may obtain without charge a certificate eral warning statement, as set forth vessel in fishing primarily for the regu­ of exemption by furnishing, on a form to below, be affixed to containers of com­ lated species during any period of time be supplied by the Bureau of Commercial pressed gases intended for use as drugs. within the 12-month period covered by Fisheries, information specifying the (Oxygen will be covered in a future, sepa­ the certificate, may obtain a temporary name and address of the owner and oper­ rate publication.) suspension of such certificate in like ator of the vessel and the name, official manner as provided in § 240.4 and may Having considered the recommenda­ number and the home port of the vessel. make application to engage in fishing for tions of the Committee and other rele­ The application form shall be submitted, the regulated species under a registration vant information, the Commissioner of in duplicate, to the Regional Director, certificate as provided in § 240.2. Any of Food and Drugs concludes that the fol­ Bureau of Commercial Fisheries, the regulated species taken by means of a lowing regulation should be proposed. Gloucester, Mass., who shall grant a cer­ vessel for which a registration certificate Accordingly, pursuant to the pro­ tificate of exemption valid for a period visions of the Federal Food, Drug, and of 12 months from the date of issue. The is in force and by means of fishing for the regulated species conducted in con­ Cosmetic Act (secs. 502(f)., 701(a), 52 certificate shall authorize during this Stat. 1051,1055; 21 U.S.C. 352(f), 371(a) ) period the use of the vessel, for which formity with the restrictions on fishing gear prescribed by § 240.3, shall be ex­ and under authority^ delegated to the issued, in the taking of the regulated Commissioner of Food and Drugs (21 species within the regulatory area with­ cluded from the total of all trawl-caught fish taken during the applicable CFR 2.120), it is proposed that a new sec-- out regard to the registration require­ tion be added to Part 3, as follows: ments and restrictions on fishing gear 12-month period when computing the imposed, respectively, by §§ 240.2 and ratio of the regulated species to the § 3 .______Labeling exemption for car­ 240.3 provided: trawl-caught fish taken during such bon dioxide, cyclopropane, ethylene, periods. For the purposes of computing (i) The vessel and its fishing gear are helium, and nitrous oxide gases for the quantities of the regulated species so drug use. M used to take the regulated species to be excluded, the owner or operator of a within Subareas 3, 4, or 5 in quantities in Carbon dioxide, cyclopropane, ethyl­ fishing vessel covered by a suspended cer­ excess of 10 percent by weight for each ene, helium, and nitrous oxide gases in­ tificate of exemption and taking the reg­ 0 cod, haddock, and the aggregate of the tended for drug use are exempted from ulated species while operating under a other regulated species, of all the trawl- the requirements of § 1.106(b) (2 ) (ii) registration certificate shall submit caught fish taken by means of such ves­ and (3) (i) of this chapter provided the sel during the 12-month period covered catch reports in like manner as provided labeling bears, in addition to any other by the certificate. in subparagraph (6) of this paragraph. information required by the Federal < The 10 percent exemption for each [F.R. Doc. 68-13412; Filed, Nov. 5, 1968; Food, Drug, and Cosmetic Act, the fol­ or cod, haddock, and the aggregate of the ^ 8:46 a.m.] lowing: other regulated species shall be computed (a) The warning statement “Warn­ ing—Administration of (name of gas) eparately for each subarea by the weight 1 18 U.S.C. 1001 provides that whoever, in 01 ail fish caught within the same any matter within the jurisdiction of any may be hazardous or contraindicated. For subarea. ■ department or agency of the United States use only by or under the supervision of a licensed practitioner who is experienced chii?u'D^ipl*ca*'e certificates of exemption knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a in the use and administration of (name of 6 lssue<* replace lost or mutilated certificates. material fact, or makes any false, fictitious, gas) and is familiar with the indications, or fraudulent statements or representations, (3) An application for renewal of an effects, dosages, methods, and frequency or makes or uses any false writing or docu­ and duration of administration, and with ment knowing the same to contain any false, expiring certificate of exemption shall be the hazards, contraindications, and side Biade in like manner as the original ap­ fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or im­ effects and the precautions to be taken” ; plication not later than 15 days prior to prisoned not more than 5 years, or both. and

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 No. 217------3 16284 PROPOSED RULE MAKING

(b) Any needed directions concerningcerned, if he has registered such sources with this notice in order to become part the conditions for storage and warnings with the State of Arizona or is operating of the record for consideration. The against the inherent dangers in the han­ under a license issued by the State of proposals contained in this notice may be dling of the specific compressed gas. Arizona, and if his operation is entirely changed in the light of comments Any interested person may, within 30 in accordance with the requirements of received. days from the date of publication of this Arizona’s laws and regulations, if and A public docket will be available for notice in the F ederal R egister, file with when the State’s program for control of examination by interested persons in the the Hearing Clerk, Department of these radiation sources is the subject of a Office of the Regional Counsel, Federal Health, Education, and Welfare, Room currently effective determination by the Aviation Administration, Federal Build­ 5440, 330 Independence Avenue SW., Secretary of Labor that such program is ing, 601 East 12th Street, Kansas City Washington, D.C. 20201, written com­ compatible with the requirements of 41 Mo. 64106. ments (preferably in quintuplicate) re­ CFR Part 50-204. I hereby propose to Since designation of the Yankton, garding this proposal. Comments may be make such a determination. S. Dak., control zone and transition area accompanied by a memorandum or brief I also propose to add the State of Ari­ a new VOR public use instrument ap­ in support thereof. zona to the list of States set forth in 41 proach procedure has been developed for Dated: October 29, 1968. CFR 50-204. 320(c) (1) and (2). Chan Gurney Municipal Airport, Yank­ Interested persons may submit written ton, S. Dak., and the ADF special instru­ H erbert L. L e y , Jr., ment approach procedure at this air­ Commissioner of Food and Drugs. data, views, or argument regarding this proposal by mailing them to the Director port has been cancelled. In addition, the [F.R. Doc. 68-13434; Filed, Nov. 5, 1968; of the Bureau of Labor Standards, U.S. criteria for designation of transition 8:48 a.m.] Department of Labor, Railway Labor areas has been changed. Accordingly, it Building, 400 First Street NW„ Washing­ is necessary to alter the Yankton control ton, D.C. 20212, within 30 days after this zone and transition area to protect air­ notice is published in the F ederal craft executing the new approach pro­ DEPARTMENT OF LABOR R egister. cedure, to delete that airspace now Bureau of Labor Standards protecting the revoked approach pro­ (Secs. 1, 4, 49 Stat. 2036, 2038; 41 U.S.C. 35, cedure and to comply with the new tran­ 38; 5 U.S.C. 556) [ 41 CFR Part 50-204 J sition area criteria. Signed at Washington, D.C., this 30th In consideration of the foregoing, the RADIATION SAFETY AND HEALTH day of October 1968. Federal Aviation Administration pro­ STANDARDS W illard W irtz, poses to amend Part 71 of the Federal Application in Arizona Secretary of Labor. Aviation Regulations as hereinafter set The State of Arizona has recently [F.R. Doc. 68-13440; Filed, Nov. 5, 1968; forth: entered into an agreement with the 8:48 a.m.] (1) In § 71.171 (33 F.R. 2058), the fol­ Atomic Energy Commission (32 F.R. lowing control zone is amended to read: 6103) pursuant to section 274(b) of the Y a n k t o n , S. Da k . Atomic Energy Act of 1954, as amended (42 U.S.C. 2021(b)). This agreement DEPARTMENT OF Within a 5-mile radius of Chan Gurney makes that State’s program for control Municipal Airport (latitude 42°54'55" N„ longtitude 97°23'05'' W .); within 2 miles of radiation sources effective pursuant to TRANSPORTATION each side of the Yankton VOR 321° radial, 41 CFR 50-204.320(c) (1) and eligible Federal Aviation Administration extending from the 5-mile radius zone to 8 for a determination pursuant to 41 CFR miles northwest of the VOR; and within 2 50-204.320(c) (2) that such program is [ 14 CFR Part 71 1 miles each side of the Yankton VOR 135° currently compatible with the require­ radial, extending from the 5-mile radius zone [Airspace Docket Nq. 68-CE-97] ments of the Department of Labor’s to 8 miles southeast of the VOR. This control safety and health standards for Federal zone is effective during the specific dates CONTROL ZONE AND TRANSITION and times established in advance by a Notice supply contracts (41 CFR Part 50-204). AREA to Airmen. The effective date and time will This agreement brings into compliance thereafter be continuously published in the with 41 CFR Part 50-204 any employer in Proposed Alteration Airman’s Information Manual. Arizona who possesses or uses source The Federal Aviation Administration material, by product material, or special (2) In § 71.181 (33 F.R. 2137), the fol­ is considering amending Part 71 of the lowing transition area is amended to nuclear material, as defined in the Federal Aviation Regulations so as to Atomic Energy Act of 1954, as amended read: alter the control zone and transition area Y a n k t o n , S. D a k . (42 U.S.C. 2011 et seq.), and has regis­ at Yankton, S. Dak. tered such sources with the State of That airspace extending upward from 700 Arizona or is operating under a license Interested persons may participate in feet above the surface within an 8-mile radius of Chan Gurney Municipal Airport (latitude issued by the State of Arizona, and in the proposed rule making by submitting such written data, views, or arguments 42°54'55” N., longitude 97°23'05" W.); and accordance with the requirements of within 5 miles northeast and 8 miles south­ Arizona’s laws and regulations, inso­ as they may desire. Communications should be submitted in triplicate to the west of the Yankton VOR 321° radial, extend­ far as his possession and use of such ing from the 8-mile radius area to 12 miles material is concerned, unless the Secre­ Director, Central Region, Attention: northwest of the VOR; and that airspace tary of Labor after conference with the Chief, Air Traffic Division, Federal Avi­ extending upward from 1,200 feet above the Atomic Energy Commission, shall deter­ ation Administration, Federal Building, surface within 5 miles southwest and 8 mi es mine that the State’s program for con­ 601 East 12th Street, Kansas City, Mo. northeast of the Yankton VOR 135° radial, extending from the VOR to 12 miles sout trol of these radiation sources is incom­ 64106. All communications received east of the VOR. patible with the requirements of 41 CFR within 45 days after publication of this Part 50-204. No such determination has notice in the F ederal R egister will be These amendments are proposed under considered before action is taken on the been made. the authority of section 307(a) of the proposed amendments. No public hear­ This agreement shall also be deemed Federal Aviation Act of 1958 (49 U.S. . to bring in compliance with 41 CFR Part ing is contemplated at this time, but 50-204 any employer who possesses or arrangements for informal conferences 1348). uses radiation sources other than source with Federal Aviation Administration Issued at Kansas City, Mo., on Octo­ material, byproduct material, or special officials may be made by contacting the ber 18, 1968. nuclear material, as defined in the Atom­ Regional Air Traffic Division Chief. D aniel E. B arrow, ic Energy Act of 1954, as amended (42 Any data, views, or arguments pre­ Acting Director, Central Region. U.S.C. 2011 et seq.), insofar as his pos­ sented during such conferences must also [F.R. Doc. 68-13402; Filed, Nov. 5, 1968, session and use of such material is con­ be submitted in writing in accordance 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16285

1 14 CFR Part 71 1 This amendment is proposed under the Aviation Regulations as hereinafter set authority of § 307(a) of the Federal forth: [Airspace Docket No. 68-CE-90] Aviation Act of 1958 (49 U.S.C. 1348). In § 71.181 (33 F.R. 2137), the follow­ TRANSITION AREA Issued at Kansas City, Mo., on October ing transition area is added: Proposed Designation 15,1968. M orris, M i n n . That airspace extending upward from 700 The Federal Aviation Administration E dward C. M arsh, Director, Central Region. feet above the surface within a 6-mile radius is considering amending Part 71 of the of Morris Municipal Airport (latitude Federal Aviation Regulations so as to [F.R. Doc. 68-13403; Filed, Nov. 5, 1968; 45°34'05'' N., longitude 95°58'10'' W.); and designate a transition area at Freeport, 8:45 a.m.j within 2 miles each side of the 148° bearing m. from Morris Municipal Airport, extending from the 6-mile radius area to 8 miles south­ Interested persons may participate in [1 4 CFR Part 71 1 east of the airport; and that airspace ex­ the proposed rule making by submitting tending upward from 1,200 feet above the such written data, views, or arguments [Airspace Docket No. 68-CE-94] surface within 5 miles southwest and 8 miles as they may desire. Communications northeast of the 148° bearing from Morris should be submitted in triplicate to the TRANSITION AREA Municipal Airport, extending from the air­ Director, Central Region, Attention: Proposed Designation port to 12 miles southeast of the airport. Chief, Air Traffic Division, Federal Avi­ This amendment is proposed under the The Federal Aviation Administration ation Administration, Federal Building, authority of § 307 (a) of the Federal Avia­ is considering amending Part 71 of the (¡01 East 12th Street, Kansas City, Mo. tion Act of 1958 (49 U.S.C. 1348). 64106. All communications received Federal Aviation Regulations so as to within 45 days after publication of this designate a transition area at Morris, Issued at Kansas City, Mo., on Octo­ notice in the F ederal R egister will be Minn. ber 14,1968. , considered before action is taken on the Interested persons may participate in E dward C. M arsh, proposed amendment. No public hearing the proposed rule making by submitting Director, Central Region. is contemplated at this time, but ar­ such written data, views, or arguments [F.R. Doc. 68-13404; Filed, Nov. 5, 1968; rangements for informal conferences as they may desire. Communications 8:45 a.m.] with Federal Aviation Administration of­ should be submitted in triplicate to the ficials may be made by contacting the Director, Central Region, Attention: Regional Air Traffic Division Chief. Chief, Air Traffic Division, Federal Avia­ Any data, views, or arguments pre­ tion Administration, Federal Building, DEPARTMENT OF THE TREASURY sented during such conferences must 601 East 12th Street, Kansas City, Mo. also be submitted in writing in accord­ 64106. All communications received Internal Revenue Service ance with this notice in order to become within 45 days after publication of this part of the record for consideration. The notice in the F ederal R egister will be [ 26 CFR Parts 177, 178 1 proposal contained in this notice may be considered before action is taken on the COMMERCE IN FIREARMS AND changed in the light of comments re­ proposed amendment. No public hearing ceived. is contemplated at this time, but arrange­ AMMUNITION A public docket will be available for ments for informal conferences with Notice of Proposed Rule Making examination by interested persons in Federal Aviation Administration officials Notice is hereby given that the regula­ the Office of the Regional Counsel, Fed­ may be made by contacting the Regional tions set forth in tentative form below eral Aviation Administration, Federal Air Traffic Division Chief. are proposed to be prescribed by the Building, 601 East 12th Street, Kansas Any data, views, or arguments pre­ City, Mo. 64106. sented during such conferences must also Commissioner of Internal Revenue, with be submitted in writing in accordance the approval of the Secretary of the A new public use instrument approach Treasury or his delegate. Notice is also procedure has been developed for the with this notice in order to become part of the record for consideration. The pro­ given of a public hearing to be held at Albertus Airport, Freeport, HI., utilizing 9 a.m., e.s.t. a city-owned radiobeacon as a navi­ posal contained in this notice may be gational aid. Consequently, it is neces­ changed in the light of comments On November 21, 1968, in the Audi­ sary to provide controlled airspace pro­ received. torium of the Freer Gallery of Art, 12 th tection for aircraft executing this new A public docket will be available for Street and Jefferson Drive SW., Wash­ approach procedure by designating a examination by interested persons in the ington, D.C., at which time and place transition area at Freeport, 111. The new Office of the Regional Counsel, Federal all interested parties will be'afforded op­ procedure will become effective concur­ Aviation Administration, Federal Build­ portunity to be heard, in person or by rently with the designation of the transi­ ing, 601 East 12th Street, Kansas City, authorized representative, with refer­ tion area. The Chicago Air Route Traffic Mo. 64106. ence to the proposed regulations. Written data, views, or arguments relevant to the m ™ 1 Center> through the Rockford, A new public use instrument approach •> Flight Service Station, will control procedure has been developed for the proposed regulations may be submitted, ■7. ai5 traffic into and out of Albertus Morris, Minnesota Municipal Airport, in duplicate, for incorporation into the Airport. utilizing a State-owned radio beacon as record of hearing (1) by mailing the same to the Director, Alcohol and To­ In consideration of the foregoing, the a navigational aid. Consequently, it is necessary to provide controlled airspace bacco Tax Division, Internal Revenue n«* * Aviation Administration pro­ Service, Washington, D.C. 20224, pro­ poses to amend Part 71 of the Federal protection for aircraft executing this new approach procedure by designating a vided they are received prior to the ter­ viation Regulations as hereinafter set mination of the hearing, or (2) by pre­ forth: transition area at Morris, Minn. The new procedure will become effective concur­ senting the same at said hearing. Any Hi § 71.181 (33 F.R. 2137), the follow- rently with the designation of the transi­ written comments or suggestions not spe­ m§ transition area is add ed: tion area. The Minneapolis Air Route cifically designated as confidential in ac­ cordance with 26 CFR 601.601(b) may Freeport, I I I . Traffic Control Center, through the Alexandria, Minn., Flight Service Sta­ be inspected by any person upon written ( t o !* !« SL6.‘mile radius of Albertus Airporl tion, will control IFR air traffic into and request. The proposed regulations are to W) - N" longitude 89°34'50" be issued under the authority contained 065° w L Wit? in 2 miles each side of the out of Morris Municipal Airport. in 18 U.S.C. 926 (82 Stat. 1226). Ixie from11«? f~°m Albertus Airport, extend- In consideration of the foregoing, the nnrfv, m the 6_mile radius area to 8 miles Federal Aviation Administration pro­ [ seal] S heldon S . C o h e n , northeast of the airport poses to amend Part 71 of the Federal Commissioner of Internal Revenue.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16286 PROPOSED RULE MAKING

In order to implement the provisions Subpart E— License Proceedings Subpart A— Introduction of Title I, State Firearms Control Assist­ Sec. 178.71 Denial of an application for license. § 178.1 Scope o f regulations. ance (U.S.C., title 18, chapter 44), of 178.72 Hearing after application denial. the Gun Control Aot of 1968 (82 Stat. 178.73 Notice of contemplated revocation. (a) In general. The regulations con­ 1213), and Title VII, Unlawful Posses­ 178.74 Request for hearing after notice tained in this part relate to commerce sion or Receipt of Firearms (82 Stat. of contemplated revocation. in firearms and ammunition and are 236), of the Omnibus Crime Control and 178.75 Hearing after notice of revocation. promulgated to implement Title I, State Safe Streets Act of 1968 (82 Stat. 197), 178.76 Recommended decision of hearing Firearms Control Assistance (18 U.S.C. as amended by Title III of the Gun Con­ examiner. Chapter 44 ), of the Gun Control Act of trol Act of 1968 (82 Stat. 1236), the fol­ 178.77 Certification and transmittal of 1968 (82 Stat. 1213), and Title VII, Un­ record and recommended deci­ lawful Possession or Receipt of Firearms lowing regulations are hereby prescribed sion to Director. as Part 178 of Title 26 of the Code of 178.78 Decision of Director. (82 Stat. 236), of the Omnibus Crime Federal Regulations: 178.79 Service on applicant or licensee. Control and Safe Streets Act of 1968 (82 Preamble. 1. These regulations, 26 178.80 Representation at a hearing. Stat. 197) as amended by Title III of CFR Part 178, “Commerce in Firearms 178.81 Designated place of hearing. the Gun Control Act of 1968 (82 Stat. and Ammunition,” supersede- regula­ 178.82 Operations by licensees after notice. 1236). (b) Procedural and substantive re­ tions 26 CFR Part 177 issued under the Subpart F— Conduct of Business Federal Firearms Act (U.S.C., title 15, quirements. This part contains the pro­ 178.91 Posting of license. cedural and substantive requirements chapter 18). 178.92 Identification of firearms. relative to: 2. These regulations shall not affect 178.93 Authorized operations by a licensed any act done or any liability or right collector. (1) The interstate or foreign com­ accuring, or accrued, or any suit or pro­ 178.94 Sales or deliveries between licensees. merce in firearms and ammunition; ceeding had or commenced before the 178.95 Certified copy of license. (2) The licensing of manufacturers, effective date of these regulations. 178.96 Out-of-State and mail order sales. importers, and collectors of, and dealers 3. These regulations shall be effective 178.97 Loan or rental of firearms. in, firearms and ammunition; on and after December 16, 1968. 178.98 Sales or deliveries of destructive (3) The conduct of business of li­ devices and certain firearms. censees; 178.99 Certain prohibited sales or PART 178— COMMERCE IN FIRE­ deliveries. (4) The importation of firearms and ARMS AND AMMUNITION 178.100 Record of transactions. ammunition; (5) The records and reports .required Subpart A— Introduction Subpart G— Importation of licensees; Sec. 178.1 Scope of regulations. 178.111 General. (6) Relief from disabilities under this 178.2 Relation to other provisions of law. 178.112 Importation by a licensed importer. part; a

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16287

otherwise distinctly expressed or mani­ offensive or defensive weapons. To be (2), 4685, or 4686 of title 10, United festly incompatible with the intent there­ recognized as curios or relics, firearms States Code; or any other device which of, terms shall have the meanings as­ and ammunition must fall within one of the Director finds is not likely to be used cribed in this section. Words in the plural the following categories: as a weapon, is an antique, or is a rifle form shall include the singular, and vice (a) Firearms and ammunition which which the owner intends to use solely for versa, and words importing the mascu­ were manufactured at least 50 years prior sporting purposes. line gender shall include the feminine. to the current date, but not including Director. The Director, Alcohol and The terms “includes” and “including” do replicas thereof; Tobacco Tax Division, Internal Revenue not exclude other things not enumerated (b) Firearms and ammunition which Service, Treasury Department, Washing­ which are in the same general class or are certified by the curator of a munici­ ton, D.C. 20224. are otherwise within the scope thereof. pal, State, or Federal museum which ex­ Discharged under dishonorable condi­ Act. Chapter 44 of title 18 of the United hibits firearms to be curios or relics of tions. Separation from the U.S. Armed States Code. museum interest; and Forces resulting from a Bad Conduct Dis­ Ammunition. Ammunition or cartridge (c) Any other firearms or ammunition charge or a Dishonorable Discharge. cases, primers, bullets, or propellent pow­ which derive a substantial part of their District Director. A District Director der designed for use in any firearm. monetary value from the fact that they of Internal Revenue. Antique firearm. (1) Any firearm (in­ are novel, rare, bizarre, or because of Executed under penalties of perjury. cluding any firearm with a matchlock, their association with some historical Signed with the prescribed declaration flintlock, percussion cap, or similar type figure, period, or event. Proof of quali­ under the penalties of perjury as pro­ of ignition system) manufactured in or fication of a particular firearm or item vided on or with respect to the return, before 1898; and (2) any replica of any of ammunition unde rthis category may form, or other document or, where no firearm described in (1) of this defini­ be established by evidence of present form of declaration is prescribed, with tion if such replica (i) is not designed or value and evidence that like firearms or the declaration: “I declare under the redesigned for using rimfire or conven­ ammunition are not available except as penalties of perjury that this— (insert tional centerfire fixed ammunition, or collector’s items, or that the value of like type of document, such as, statement, (ii) uses rimfire or conventional center- firearms or ammunition available in or­ application, request, certificate), includ­ fire fixed ammunition which is no longer dinary commercial channels is substan­ ing the documents submitted in support manufactured in the United States and tially less. thereof, has been examined by me and, which is not readily available in the or­ Customs officer. Any officer of the Bu­ to the best of my knowledge and belief, dinary channels of commercial trade. reau of Customs or any agent or other is true, correct, and complete.” Assistant Regional Commissioner. An person authorized by law or by the Sec­ Federal Firearms Act. Chapter 18 of Assistant Regional Commissioner, Al­ retary of the Treasury, or appointed in title 15, United States Code, as in effect cohol and Tobacco Tax, who is respon­ writing by a District Director of Customs, on December 15, 1968. sible to, and functions under the direc­ to perform the duties of an officer of the Felony. Any offense punishable by im­ tion and supervision of, a Regional Com­ Bureau of Customs. prisonment for a term exceeding 1 year. missioner of Internal Revenue. Date of importation. The date of re­ The term shall not include any offense Business premises. The property on lease of firearms or ammunition from (other than one involving a firearm or which firearms or ammunition import­ Customs custody. explosive) classified as a misdemeanor ing, manufacturing or dealing business Dealer. Any person engaged in the under the laws of a State and punishable is or will be conducted. A private dwell­ business of selling firearms or ammuni­ by a term of imprisonment of 2 years ing, no part of which is open to the pub­ tion at wholesale or retail; any person or less. engaged in the business of repairing fire­ lic, shall not be recognized as coming Firearm. Any weapon, including a within the meaning of the term. arms or of making or fitting special bar­ starter gun, which will or is designed to Collector. Any person who acquires, rels, stocks, or trigger mechanisms to or may readily be converted to expel a holds, or disposes of firearms or ammu­ firearms; or any person who is a pawn­ projectile by the action of an explosive; nition as curios or relics. broker. the frame or receiver of any such Destructive device, (a) Any explosive, Commerce. Travel, trade, traffic, com­ weapon; any firearm muffler or firearm merce, transportation, or communication incendiary, or poison gas (1) bomb, (2) silencer; or any destructive device; but among the several States, or between grenade, (3) rocket having a propellant the term shall not include an antique the District of Columbia and any State, charge of more than 4 ounces, (4) mis­ firearm. In the case of a licensed collec­ or between any foreign country or any sile having an explosive or incendiary tor, the term shall mean only curios and territory or possession and any State or charge of more than one-quarter ounce, relics. the District of Columbia, or between (5) mine, or (6) device similar to any Firearm frame or receiver. That part of Points in the same State but through any of the devices described in the preceding other State or the District of Columbia clauses; (b) any type of weapon (other a firearm which provides housing for the or a foreign country. than a shotgun or a shotgun shell which hammer, bolt or breechlock and firing mechanism, and which is usually Commissioner. The Commissioner of the Director finds is generally recognized internal Revenue. as particularly suitable for sporting pur­ threaded at its forward portion to receive the barrel. Crime punishable by imprisonment> for poses) by whatever name known which Q term exceeding l year. Any offense for will, or which may be readily converted Fugitive from justice. Any person who wmch the maximum penalty, whether or to, expel a projectile by the action of has fled from any State to avoid prosecu­ pot imposed, is capital punishment or an explosive or other propellant, and tion for a crime or to avoid giving testi­ imprisonment in excess of 1 year. The which has any barrel with a bore of more mony in any criminal proceeding. shall not include (1) any Federal than one-half inch in diameter; and Importation. The bringing of a fire­ e offenses pertaining to antitrust (c) any combination of parts either de­ arm or ammunition into the United ,unfair trade practices, re- signed or intended for use in converting States; except that the bringing of a fire­ stramts of trade, or other similar offenses any device into any destructive device arm or ammunition from outside the relating to the regulations of business described in (a) or (b) of this definition United States into a foreign-trade zone practices as may be provided in this part, and from which a destructive device for storage pending shipment to a for­ invrwi •any ®tate offense (other than one may be readily assembled. The term shall eign country or subsequent importation firearm or explosive) clas- not include any device which is neither into this country, pursuant to this part, laws of the State as a m is- designed nor redesigned for use as a shall not be deemed importation. of im ^ °r anc* Punishable by a term weapon; any device, although originally Importer. Any person engaged in the oi imprisonment of 2 years or less. designed for use as a weapon, which is business of importing or bringing fire­ niH " ° ^ ° rJ eKcs- ^ rearm s or am m u- redesigned for use as a signaling, pyro­ arms or ammunition into the United colWty3hl?h are of special interest to technic, line throwing, safety, or similar States for purposes of sale or distribution. other ^iv>S b-y reason of some quality device; surplus ordnance sold, loaned, or Indictment. Includes an indictment or ner than is ordinarily associated with given by the Secretary of the Army pur­ information in any court under which a earms intended for sporting use or as suant to the provisions of section 4684 crime punishable by imprisonment for

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16288 PROPOSED RULE MAKING a term exceeding 1 year may be prose­ furnished to each licensee under this tions, and limitations shall automati- cuted. part. cally terminate the authority for such Internal Revenue Code of 1954. Title Regional Commissioner. A Regional variations, and the licensee thereupon 26, United States Code. Commissioner of Internal Revenue. shall fully comply with the prescribed Internal revenue district. An internal Replica. A reproduction, copy or fac­ requirements of regulations from which revenue district under the jurisdiction of simile of an antique firearm which is in­ the variations were authorized. Author­ a District Director of Internal Revenue. capable of firing fixed ammunition. ity for any variation may be withdrawn Internal revenue region. An internal Rifle. A weapon designed or redesigned, whenever in the judgment of the Direc­ revenue region under the jurisdiction of made or remade, and intended to be tor the effective administration of this a Regional Commissioner of Internal fired from the shoulder, -and designed or part is hindered by the continuation of Revenue. redesigned and made or remade to use such variation. A licensee who desires to Interstate or foreign commerce. In­ the energy of the explosive in a fixed employ such variation shall submit a cludes commerce between any place in a metallic cartridge to fire only a single written application so to do, in triplicate, State and any place outside of that State, projectile through a rifled bore for each to the Assistant Regional Commissioner or within any possession of the United single pull of the trigger. for transmittal to the Director. The ap­ States (not including the Canal Zone) or Short-barreled rifle. A rifle having one plication shall describe the proposed the District of Columbia. The term shall or more barrels less than 16 inches in variation and set forth the reasons not include commerce between places length, and any weapon made from a therefor. A variation shall not be em­ within the same State but through any rifle, whether by alteration, modification, ployed until the application has been place outside of that State. or otherwise, if such weapon, as modified, approved. The licensee shall retain, as Licensed collector. A collector of curios has an overall length of less than 26 part of his records, available for exam­ and relics only and licensed under the inches. ination by internal revenue officers, any provisions of this part. Short-barreled shotgun. A shotgun application approved by the Director Licensed dealer. A dealer licensed un­ having one or more barrels less than 18 under the provisions of this section. der the provisions of this part, and a inches in length, and any weapon made § 178.23 Right o f entry and examina­ dealer licensed under the Federal Fire­ from a shotgun, whether by alteration, tion. arms Act if such license is deemed valid modification, or otherwise, if such under section 907 of Public Law 90-351 weapon as modified has an overall length Any internal revenue officer may en­ (82 Stat. 235). of less than 26 inches. ter dining business hours the premises, Licensed importer. An importer li­ State. A State of the United States, including places of storage, of any fire­ censed under the provisions of this part, designed, made or remade, and intended arms or ammunition importer, manu­ and a manufacturer (as that term was to be fired from the shoulder, and de­ facturer, dealer, or collector for the defined in the Federal Firearms Act) li­ signed or redesigned and made or remade purpose of inspecting or examining any censed under the Federal Firearms Act if to use the energy of the explosive in a records or documents required to be kept such license is deemed valid under sec­ fixed shotgun shell to fire through a by such importer, manufacturer, dealer, tion 907 of Public Law 90-351 (82 Stat. smooth bore either a number of ball shot or collector under the provisions of the 235). or a single projectile for each single Act or this part, and any firearms or am­ Licensed manufacturer. A manufac­ pull of the trigger. munition kept or stored by such im­ porter, manufacturer, dealer, or collector turer licensed under the provisions of State. A State of the United States. at such premises. this part, and a manufacturer (as that The term shall include the District of term was defined in the Federal Fire­ Columbia? the Commonwealth of Puerto § 178.24 Published ordinances. arms Act) licensed under the Federal Rico, and the possessions of the United The Director is authorized to compile, Firearms Act if such license is deemed States (not including the Canal Zone). publish in the F ederal R egister, annu­ valid under section 907 of Public Law Unserviceable firearm. A firearm which ally revise, and furnish to each licensee, 90-351 (82 Stat. 235). is incapable of discharging a shot by a list of published ordinances which are Machine gun. Any weapon which means of an explosive and is incapable of relevant to the enforcement of this part. shoots, is designed to shoot, or can be being readily restored to a firing readily restored to shoot, automatically condition. § 178.25 Disclosure of information. more than one shot, without manual re­ U.S.C. The United States Code. Upon receipt of written request of any loading, by a single function of the trig­ State or any political subdivision there­ ger. The term shall also include the Subpart C— Administrative and of, the Assistant Regional Commissioner frame or receiver of any such weapon, Miscellaneous Provisions may make available to such State or any any combination or parts designed and § 178.21 Forms prescribed. political subdivision thereof, any infor­ intended for use in converting a weapon mation which the Assistant Regional into a machine gun, and any combina­ The Director is authorized to pre­ Commissioner may obtain by reason of tion of parts from which a machine gun scribe all forms required by this part. the provisions of the Act with respect to can be assembled if such parts are in All of the information called for in each the identification of persons within such the possession or under the control of a form shall be furnished, as indicated by State or political subdivision thereof, person. the headings on the form and the in­ who have purchased or received firearms Manufacturer. Any person engaged structions thereon or issued in respect or ammunition, together with a descrip­ in the manufacture of firearms or ammu­ thereto, and as required by this part. tion of such firearms or ammunition. nition for purposes of sale or distribution. § 178.22 Emergency variations from re­ 1 7 8 .2 6 Curio and relic determination. National Firearms Act. Chapter 53 of quirements. the Internal Revenue Code of 1954. A licensed collector who desires to ob- Pawnbroker. Any person whose busi­ (a) The Director may approve varia­ ain a determination whether a particu- tions from the requirements of this part ness or occupation includes the taking or ar firearm or ammunition is a curio or receiving, by way of pledge or pawn, of when he finds that an emergency exists elic shall submit a written request, in any firearm or ammunition as security and that the proposed variations from for the payment or repayment of money. the specific requirements (1) are neces­ [uplicate, for a ruling thereon to the Person. Any individual, corporation, sary, (2) will not hinder the effective insistant Regional Commissioner. Each company, association, firm, partnership, administration of this part, and (3) will uch request shall be executed under the society, or joint stock company. not be contrary to any provisions of law. •enalties of perjury and shall contain a Published ordinance. A published law (b) Variations fro m requirements omplete and accurate description of the of any political subdivision of a State granted under this section are condi­ Lrearm or ammunition, and such photo- which the Director determines to be rele­ tioned on compliance with the proce­ vant to the enforcement of this part and dures, conditions, and limitations with ;raphs, diagrams, or drawings as may which is contained on a list compiled by respect thereto set forth in the approval e necessary to enable the Assistan the Director, which list is published in the of the application. Failure to comply in Regional Commissioner to make his de- F ederal R egister, revised annually, and good faith with such procedures, condi­ ermination. The Assistant Region

FEDERAL REGISTER, VOL 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16289

Commissioner may require the submis­ is not inconsistent with the laws at the importer, licensed manufacturer, licensed sion to him, or to an officer designated by place of destination. dealer, or licensed collector, any package him, of the firearm or ammunition for (b) No person shall transport any or other container in which there is any examination and testing. If the submis­ destructive device, machine gun, short- firearm or ammunition without written sion of the firearm or ammunition is barreled shotgun, or short-barreled rifle notice to the carrier that such firearm or impractical, the licensed collector shall in interstate or foreign commerce under ammunition is being transported or so advise the Assistant Regional Com­ the provisions of this section until he shipped: Provided, That any passenger missioner and designate the place where has received specific authorization so to who owns or legally possesses a firearm the firearm or ammunition will be do from the Assistant Regional Commis­ or ammunition being transported aboard available for examination and testing. sioner. Authorization granted under this any common or contract carrier for section does not carry or import relief movement with the passenger in inter­ § 178.27 Destructive device determina­ from any other statutory or regulatory state or foreign commerce may deliver tion. provision relating to firearms. said firearm or ammunition into the cus­ The Director shall determine in ac­ (c) This section shall not be con­ tody of the pilot, captain, conductor or cordance with 18 U.S.C. 921(a)(4) strued as requiring licensees to obtain operator of such common or contract whether a device is excluded from the authorization to transport destructive carrier for the duration of that trip with­ definition of a destructive device. A per­ devices, machine guns, short-barreled out violating any provision of this part. son who desires to obtain a determina­ shotguns, and short-barreled rifles in in­ (b) No common or contract carrier tion under that provision of law for any terstate or foreign commerce: Provided, shall transport or deliver in interstate device which he believes is not likely to That sueh a licensee has authority to or foreign commerce any firearm or am­ be used as a weapon shall submit a writ­ engage in the business with respect to the munition with knowledge or reasonable ten request, in triplicate, for a ruling weapon to be transported. cause to believe that the shipment, trans­ thereon to the Assistant Regional Com­ portation, or receipt thereof would be in missioner for transmittal to the Direc­ § 178.29 Out-of-State acquisition of violation of any provision of this part: firearms by nonlicensees. tor. Each such request shall be executed Provided, however, That the provisions of under the penalties of perjury and con­ No person, other than a licensed im­ this paragraph shall not apply in respect tain a complete and accurate descrip­ porter, licensed manufacturer, licensed to the transportation of firearms or am­ tion of the device, the name and address dealer, or licensed collector, shall trans­ munition k in in-bond shipment under of the manufacturer or importer thereof, port into or receive in the State where he Customs laws and regulations. the purpose of and use for which it is resides (or if a corporation or other busi­ § 178.32 Prohibited shipment, transpor­ intended, and such photographs, dia­ ness entity, where it maintains a place of grams, or drawings as may be necessary tation, or receipt of firearms and am­ business) any firearm purchased or munition by certain persons. to enable the Director to make his deter­ otherwise obtained by such person out­ mination. The Director may require the side that State: Provided, That the pro­ (a) No person may ship or transport submission to him, or to an officer desig­ visions of this section (a) shall not pre­ any firearm or ammunition in interstate nated by him, of a sample of such device clude any person who lawfully acquires or foreign commerce, or receive any fire­ for examination or testing. If the sub­ a firearm by bequest or intestate succes­ arm or ammunition which has been mission of such device is impractible, the sion in a State other than his State of shipped or transported in interstate or person requesting the ruling shall so ad­ residence from transporting the firearm foreign commerce, who (1) is under in­ vise the Director and designate the place into or receiving it in that State, if it is dictment for, or who has been convicted where the device will be available for ex­ lawful for such person to purchase or in any court of, a crime punishable by amination and testing. possess such firearm in that State, (b) imprisonment for a term exceeding 1 year, (2) is a fugitive from justice, (3) § 178.28 Transportation o f destructive shall not apply to the transportation or is an unlawful user of or addicted to devices and certain firearms. receipt of a rifle or shotgun obtained in conformity with the provisions of marihuana or any depressant or stimu­ (a) The Assistant Regional Commis­ §§ 178.30, 178.96, and 178.97, and (c) lant drug (as defined in section 201 (v) sioner for the internal revenue region shall not apply to the transportation of of the Federal Food, Drug, and Cosmetic in which a person resides may authorize any firearm acquired in any State prior A ct), or narcotic drug (as defined in sec­ that person to transport in interstate or to the effective date of the Act. tion 4731(a) of the Internal Revenue foreign commerce any destructive device, Code of 1954), or (4) has been adjudi­ machine gun, short-barreled shotgun, or § 178.30 Out-of-Stale disposition o f fire­ cated as a mental defective or who has arms by nonlicensees. short-barreled rifle, if he finds that such been committed to a mental institution. transportation is reasonably necessary, No nonlicensee shall transfer, sell, (b) A firearm may not be received, is consistent with public safety, and is trade, give transport, or deliver any fire­ possessed, or transported in commerce or not inconsistent with State or local law. arm to any other nonlicensee, who the affecting commerce by any person who A person who desires to transport in transferor knows or has reasonable cause (1) has been convicted by a court of the interstate or foreign commerce any such to believe resides in any State other than United States or of a State or any po­ device or weapon shall submit a written that in which the transferor resides (or litical subdivision thereof of a felony, (2) request so to do, in duplicate, to the As­ if a corporation or other business entity, has been discharged from the Armed sistant Regional Commissioner. The re­ where it maintains a place of business) : Forces under dishonorable conditions, quest shall contain: Provided, That the provisions of this sec­ (3) has been adjudged by a court of the . . (1) A complete description and iden­ tion shall not apply to (a) the transfer, United States or of a State or any politi­ tification of the device or weapon to be transportation, or delivery of a firearm cal subdivision thereof of being men­ transported; made to carry out a bequest of a firearm tally incompetent, or (4) having been a (2) A statement whether such trans­ to, or any acquisition by intestate succes­ citizen of the United States has re­ portation involves a transfer of title; sion of a firearm by, a person who is per­ nounced his citizenship, or (5) being an (3) The need for such transportation ; mitted to acquire or possess a firearm alien is illegally in the United States. (4) The approximate date such trans­ under the laws of the State of his resi­ (c) Any individual who to his knowl­ portation is to take place; dence, and (b) the loan or rental of a edge and while being employed by any firearm to any person for temporary use person coming within a classification (5) The present location of such de- contained in paragraph (b) of this sec­ ce or weapon and the place to which it for lawful sporting purposes. tion, may not in the course of such em­ is to be transported; § 178.31 Delivery by common or con­ ployment receive, possess, or transport tract carrier. , raode of transportation to be a firearm in commerce or affecting d. (including, if by common or contact (a) No person shall knowingly delivercommerce. carrier, the name and address of such or cause to be delivered to any common (d) The provisions of paragraph (b) carrier) ; and or contract carrier for transportation or of this section shall not apply to any (7) Evidence that the transportation shipment in interstate or foreign com­ prisoner who by reason of duties connect­ r possession of such device or weapon merce to any person other than a licensed ed with law enforcement has expressly

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16290 PROPOSED RULE MAKING been entrusted with a firearm by compe­ licensed manufacturer to also obtain a engage in business, or who has not timely tent authority of the prison, and the dealer’s license in order to engage in submitted application for renewal of his provisions of paragraphs (b) and (c) of business on his licensed premises as a previous license issued under this part, this section shall not apply to any per­ dealer in the same type of firearms or shall, except as provided in paragraph son, or any employee employed by such ammunition authorized by his license to (c) of this section, file with the District person, who has been pardoned by the be imported or manufactured: Provided Director for the internal revenue district President of the United States or the further, That thè payment of the license in which the applicant is to do business chief executive of a State and has ex­ fee as an importer or manufacturer of, an application, Form 7 (Firearms), in pressly been authorized by the President or a dealer in, destructive devices and duplicate. The application, Form 7 (Fire­ or such chief executive, as the case may ammunition for destructive devices in­ arm s), shall include information as to be, to receive, possess, or transport in cludes the privilege of importing, manu­ the ownership of the business, the type of commerce a firearm. facturing or dealing in, as the case may firearms or ammunition to be dealt in, be, firearms other than destructive de­ the type of business premises, the busi­ § 178.33 Stolen firearms and ammuni­ vices and ammunition for other than ness hours, the business history, and the tion. destructive devices by such a licensee at identity of the responsible persons in the No person shall transport or ship in his licensed premises. business. The application must be interstate or foreign commerce any (c) The collector license provided byexecuted under the penalties of perjury stolen firearm or stolen ammunition this part shall apply only to transactions and the penalties imposed by 18 U.S.C. knowing or having reasonable cause to related to a collector’s activity in acquir­ 924. The application shall be accom­ believe that the firearm or ammunition ing, holding or disposing of curios and panied by the appropriate fee in the was stolen, and no person shall receive, relics. A collector’s license does not au­ form of (1) cash, or (2) money order or conceal, store, barter, sell, or dispose of thorize the collector to engage in a check made payable to the Internal any stolen firearm or stolen ammunition business required to be licensed under Revenue Service. Forms 7 (Firearms) which is moving as, which is a part of, the Act or this part. Therefore, if the may be obtained from any Assistant or which constitutes interstate or foreign acquisitions and dispositions of curios Regional Commissioner or from any commerce, knowing or having reasonable and relics by a collector bring the col­ District Director. cause to believe that the firearm or am­ lector within the definition of a manu­ (b) Any person who desires to obtain munition was stolen. facturer, importer or dealer under this the privileges granted to a licensed col­ lector under the Act and this part on or § 178.34 Removed, obliterated, or al­ part, he shall qualify as such. (See also after the effective date of this part, or tered serial number. § 178.93 of this part.) who has not timely submitted application No person shall knowingly transport, § 178.42 License fees. for renewal of his previous license issued ship, or receive in interstate or foreign Each applicant shall pay a fee for under this part, shall file with the Dis­ commerce any firearm which has had the obtaining a license, a separate fee being trict Director for the internal revenue importer’s or manufacturer’s serial num­ required for each business or collecting district in which the applicant is to en­ ber removed, obliterated, or altered. activity at each place of such business gage in such activity an application, Subpart D— Licenses or activity, as follows: Form 7 (Firearms), in duplicate. The (a) For a manufacturer: application, Form 7 (Firearms), shall § 178.41 GeneraL (1) Of destructive devices or ammuni­ include information as to the ownership (a) Each person intending to engage tion for destructive devices— $1,000 per of the activity, the type of premises to in business as an importer or manufac­ year. be maintained by the applicant for the turer of, or a dealer in, firearms or am­ (2) Of firearms other than destructive activity, and the identity of the respon­ munition shall, before commencing such devices— $50 per year. sible persons in the activity. The applica­ business, obtain the license required by (3) Of ammunition for firearms other tion must be executed under the penal­ ties of perjury and the penalties imposed this subpart for the business to be op­ than destructive devices— $10 per year. by 18 U.S.C. 924. The application shall erated. Each person who desires to obtain (b) For an importer: be accompanied by a $10 fee in the form the privileges granted by the Act and (1) Of destructive devices or ammuni­ of (1) cash, or (2) money order or check this part to a licensed collector may ob­ tion for destructive devices— $1,000 per made payable to the Internal Revenue tain such a license under the provisions year. Service. Forms 7 (Firearms) may be ob­ of this subpart. (2) Of firearms other than destructive deyices or ammunition for firearms other tained from any Assistant Regional Com­ (b) Each person intending to engage than destructive devices— $50 per year. missioner or from any District Director. in business as a firearms or ammunition (c) For a dealer: (c) Any person holding a valid license importer, manufacturer, or dealer, or (1) In destructive devices or ammuni­ issued pursuant to the provisions of the seeking the privileges of a collector li­ tion for destructive devices— $1,000 per Federal Firearms Act to manufacture, censed under this part shall file an appli­ year. import or deal in firearms or ammuni­ cation, with the required fee (see (2) Who is a pawnbroker dealing in tion for pistols or revolvers may continue § 178.42), with the District Director for firearms other than destructive devices to conduct such business under such li­ the internal revenue district in which his or ammunition for firearms other than cense until that license expires accord­ premises are to be located, and, pur­ destructive devices— $25 per year. ing to its terms, unless that license be suant to § 178.47, receive the license re­ (3) Who is not a dealer in destructive sooner terminated pursuant to applica­ quired for such business or the license devices or a pawnbroker— $10 per year. ble provisions of law. If the holder of a covering collecting curios and relics from license issued pursuant to the Federal Act the Assistant Regional Commissioner. A (d) For a collector of curios and intends to continue his firearms or am­ separate license must be obtained for relics— $10 per year. munition business following the expira­ each business or activity and each place § 178.43 License fee not refundable. tion of such license, he shall comply witn at which the applicant is to do business No refund of any part of the amount the provisions contained in paragrapn or conduct collecting activity. Such li­ paid as a licensee fee shall be made where (a) of this section prior to the expiration cense shall, subject to the provisions of the operations of the licensee are, for of the period covered by the license, ana the Act and other applicable provisions any reason, discontinued during the upon compliance with those provisio of law, entitle the licensee to transport, period of an issued license. such an applicant may continue su ship, and receive firearms and ammuni­ operations as were authorized by ms tion covered by such license in interstate § 178.44 Original license. pired license under this part until or foreign commerce, and to engage in (a) Any person who intends to engageapplication is finally acted upon. the business or activity specified by the in business as a firearms or ammunition j 178.45 Renewal of license. license, at the location described on the importer, manufacturer, or dealer on or license, and for .the period stated on the after the effective date of this part, or If a licensee intends to continue the license: Provided, That it shall not be who has not previously been licensed jusiness or activity described on .. n necessary for a licensed importer or a under the provisions of this part to so ssued under this part during any po

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16291

of the ensuing year, he shall, unless (5) The applicant has in a State (i) thereof furnished with the license, for otherwise notified in writing by the A s­ premises from which he conducts busi­ correction, and (2) if the error resulted sistant Regional Commissioner, execute ness subject to license under the Act from information contained in the li­ and file prior to the expiration of his or from which he intends to conduct censee’s application for the license, the license an application for license re­ such business within a reasonable period Assistant Regional Commissioner shall newal, Form 8 (Firearms) (Part 3 ), ac­ of time, or (ii) in the case of a collector, require the licensee to file an amended companied by the required fee, with premises from which he conducts his application setting forth the correct in­ the District Director for the internal collecting subject to license under the formation, and a statement explaining revenue district in which the business or Act or from which he intends to conduct the error contained in the application. activity is operated. The Assistant R e­ such collecting within a reasonable The Assistant Regional Commissioner gional Commissioner may, in writing, re­ period of time; and then may make the correction on the li­ quire an applicant for license renewal to (6) The applicant is not prohibited by cense and the copy thereof, and return also file completed Form 7 (Firearms) in the provisions of Title VII of Public same to the licensee. the manner required by § 178.44. In the Law 90-351 (82 Stat. 236) from receiv­ event the licensee does not timely file a ing, possessing or transporting firearms § 178.49 Duration o f license. Form 8 (Firearms) (Part 3 ), he must file in commerce or affecting commerce, if A license shall not be issued for a a Form 7 (Firearms) as required by the application is for a license relating, period of less than 1 year. The license § 178.44, and obtain the required license to firearms. shall entitle the person to whom issued before continuing business or collecting (c) The Assistant Regional Commis­ to engage in the business or activity activity. If a Form 8 (Firearms) (Part 3) sioner shall approve or deny an applica­ specified on the license, within the limi­ is not timely received through the mails, tion for license within the 45-day period tations of the Act and the regulations the licensee should so notify his Assistant beginning on the date the application contained in this part, for the period Regional Commissioner. was received by the District Director: stated on the license, unless sooner § 178.46 Procedure by District Director. Provided, That when an applicant for terminated. license renewal is a person who is, pur­ § 178.50 Locations covered by license. Upon receipt of an application for an suant to the provisions of § 178.143 or original license on Form 7 (Firearms) or § 178.144, conducting business or collect­ The license covers the class of busi­ an application for renewal of a license ing activity under a previously issued ness or the activity specified in the li­ on Form 8 (Firearms) (Part 3), accom­ license, action regarding the application cense at the address described therein. panied by the required fee, the District will be held in abeyance pending final Accordingly, a separate license must be Director shall deposit such fee and for­ determination of the applicant’s crim­ obtained''for each location at which a ward the license application to the A s­ inal case, or final action by the Commis­ firearms or ammunition business or sistant Regional Commissioner. Where sioner of an application for relief sub­ activity requiring a license under this an application is filed with an insufficient mitted pursuant to § 178.144, as the case part is conducted; however, no license is fee, the application and any fee sub­ may be. required to cover a separate warehouse mitted shall be returned by the District (d) When the Assistant Regional used by the licensee solely for storage of Director. Commissioner fails to act on an appli­ firearms or ammunition if the records re­ § 178.47 Issuance o f license. cation for license within the 45-day quired by this part are maintained at the period prescribed by paragraph (c) of licensed premises served by such ware­ (a) Upon receipt of a properly ex­ this section, the applicant may file an house: Provided, That a licensed collec­ ecuted application for a license on Form 7 action under section 1361 of title 28, tor may acquire curios and relics at any (Firearms), or Form 8 (Firearms) (Part United States Code, to compel the location, and dispose of curios or relics 3), the Assistant Regional Commis­ Assistant Regional Commissioner to act. to any licensee, or to other persons who sioner may, upon finding through further are residents of the State where the col­ inquiry or investigation, or otherwise, § 178.48 Correction of error on license. lector’s license is held and the disposi­ that the applicant is entitled thereto, (a) Upon receipt of a license issued tion is made. issue the appropriate license and a copy under the provisions of this part, each thereof. Each license shall bear a serial licensee shall examine same to ensure § 178.51 License not transferable. number and such number may be as­ that the information contained thereon Licenses issued under this part are not signed to the licensee to whom issued for is accurate. If the license is incorrect, the transferable. In the event of the lease, so long as he maintains continuity of licensee shall return the license, and the sale, or other transfer of the operations annual renewal in the same internal copy thereof furnished with the license, authorized by the license, the successor revenue district. to the Assistant Regional Commissioner must obtain the license required by this (b) The Assistant Regional Commis­ witji a statement showing the nature of part prior to commencing such opera­ sioner shall approve a properly executed the error. The Assistant Regional Com­ tions. However, for rules on right of suc­ application for license on Form 7 (Fire­ missioner shall correct the error, if the cession, see § 178.56. arms) , or Form 8 (Firearms) (Part 3), if: error was made in his office, and return § 178.52 Change of address. ove^’ ,^ le app^ cant is 21 years of age or the license and the copy thereof. How­ ever, if the error resulted from informa­ A licensee may remove his business or t2) The applicant (including, in tion contained in the licensee’s applica­ activity to a new location without pro­ case of a corporation, partnership tion for the license, the Assistant Re­ curing a new license. However, in every case, whether or not the removal is from hX, on’. any ^dividual possess gional Commissioner shall require the airectly or indirectly, the power to di licensee to file an amended application one internal revenue region to another, or cause the direction of the man: setting forth the correct information and notification of the new location of the “ 7 “ g policies of the corporal a statement explaining the error con­ business or activity must be given not I T 6/ 8,11* ’ or association) is not tained in the application. Upon receipt less than 10 days prior to such removal transporting, shipping of the amended application and a satis­ to the Assistant Regional Commissioner for the internal revenue region from w T g firearms or ammunition in factory explanation of the error, the n r S r ° r *oreign commerce under Assistant Regional Commissioner shall which or within which the removal is to Provisions of the Act? make the correction on the license, and be made, and the Assistant Regional the copy thereof, and return same to the vinilL? 16 applicant has not will! Commissioner for the internal revenue licensee. region to which the removal is to be or thw art! thC Pr°Visions of the (b) When the Assistant Regional Commissioner finds through any means made. In each instance, the license and faiiprt £ h®. apphcant has not willl the copy thereof furnished with the li­ aued to disclose any material infor other than notice from the licensee that an incorrect license has been issued, the cense must be submitted for endorse­ on required, or has not made any i Assistant Regional Conimissioner may ment to the Assistant Regional Commis­ colem?nt as t0 any Serial fact require the holder of the incorrect license sioner having jurisdiction over the in­ connection with his application; to (1) return the license, and the copy ternal revenue region to which or within

No. 217- FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16292 PROPOSED RULE MAKING which removal is to be made. After en­ nish the license for that business for decision confirming or reversing the dorsement of the license and the copy endorsement of such succession to the denial of the application. If the decision thereof to show the new address, and the Assistant Regional Commissioner for the is that the denial should stand, a certi­ new license number, if any, the Assist­ internal revenue region in which the fied copy of the Assistant Regional Com­ ant Regional Commissioner will return business is conducted within 30 days missioner’s findings and conclusions same to the licensee. from the date on which the successor be­ shall be furnished to the applicant with § 178.53 Change in trade name. gins to carry on the business. a final notice of denial, Form 4501. a § 178.57 Discontinuance o f business. copy of the application, marked “Dis­ A licensee continuing to conduct busi­ approved,” will be returned to the appli­ ness at the location shown on his license Where a firearm or ammunition busi­ cant. If the decision is that the license is not required to obtain a new license by ness is either discontinued or succeeded applied for should be issued, the appli­ reason of a mere change in trade name by a new owner, the owner of the busi­ cant shall be so notified, in writing, and under which he conducts his business: ness discontinued or succeeded shall the license shall be issued as provided Provided, That such licensee furnishes within 30 days thereof furnish to the As­ by § 178.47. his license for endorsement of such sistant Regional Commissioner for the change to the Assistant Regional Com­ internal revenue region in which his § 178.73 Notice of contemplated revo cation. missioner for the internal revenue region business was located notification of the in which the licensee conducts his busi­ discontinuance or succession. (See also Whenever the Assistant Regional ness within 30 days from the date the § 178.127.) Commissioner has reason to believe that licensee begins his business under the a licensee has violated any provision of § 178.58 State or other law. new trade name. the Act or this part, he may issue a A license issued under this part con­ § 178.54 Change of control. notice, on Form 4499, of contemplated fers no right or privilege to conduct busi­ revocation of the license. The notice In the case of a corporation or asso­ ness or activity contrary to State or other shall set forth the matters of fact con­ ciation holding a license under this part, law. The holder of such a license is not^ stituting the violations specified, dates, if actual or legal control of the corpo­ by reason of the rights and privileges places, and the sections of law and regu­ ration or association changes, directly or granted by that license immune from lations violated. The Assistant Regional indirectly, whether by reason of change punishment for operating a firearm or Commissioner shall afford the licensee in stock ownership or control (in the ammunition business or activity in vio­ 15 days from the date of receipt of the licensed corporation or in any other cor­ lation of the provisions of any State or notice in which to request a hearing poration), by operations of law, or in other law. Similiarly, compliance with prior to revocation of the license. If the any other manner, the licensee shall, the provisions of any State or other law licensee does not file a timely request for within 30 days of such change, give writ­ affords no immunity under Federal law a hearing, the Assistant Regional Com­ ten notification thereof, executed under or regulations. missioner shall issue a notice of revoca­ the penalties of perjury, to the Assistant tion, Form 4500, as provided in § 178.74. Regional Commissioner. Upon expira­ Subpart E— License Proceedings tion of the license, the corporation or § 178.74 Request for hearing after no­ § 178.71 Denial of an application for tice o f contemplated revocation. association must file a Form 7 (Firearms) license. as required by § 178.44. I f a licensee desires a hearing pursu­ Whenever the Assistant Regional ant to receipt of a notice of contemplated § 178.55 Continuing partnerships. Commissioner has reason to believe that revocation of his license, he shall file Where, under the laws of the par­ an applicant is not eligible to receive a request therefor, in duplicate, with the ticular State, the partnership is not ter­ a license under the provisions of § 178.47, Assistant Regional Commissioner within minated on death or insolvency of a he may issue a notice of denial, on Form 15 days after receipt of the notice of partner, but continues until the wind­ 4498, to the applicant. The notice shall contemplated revocation. On receipt ing up of the partnership affairs is com­ set forth the matters of fact and law thereof * the Assistant Regional Commis­ pleted, and the surviving partner has relied upon in determining that the ap­ sioner shall, as expeditiously as possible, the exclusive right to the control and plication should be denied, and shall af­ make the necessary arrangements for possession of the partnership assets for ford the applicant 15 days from the date the hearing and advise the licensee of the purpose of liquidation and settle­ of receipt of the notice in which to re­ the date, time, location and the name ment, such surviving partner may con­ quest a hearing to review the denial. If of the officer before whom the hearing tinue to operate the business under the no request for a hearing is filed within will be held. Such notification shall be license of the partnership. If such sur­ such time, the application shall be dis­ made not less than 10 days in advance viving partner acquires the business on approved and a copy, so marked, shall be of the date set for the hearing. On con­ completion of the settlement of the part­ returned to the applicant. clusion of the hearing and consideration nership, he shall obtain a license in his § 178.72 Hearing after application de­ of all relevant presentations made by the own name from the date of acquisition, nial. licensee or his representative, the As­ as provided in § 178,44. The rule set forth sistant Regional Commissioner shall If the applicant for an original or re­ in this section shall also apply where render his decision and shall prepare a newal license desires a hearing to review there is more than one surviving partner. brief summary of the findings and con­ the denial pf his application, he shall clusions on which the decision is based. § 178.56 Right o f succession by certain file a request therefor, in duplicate, with I f the decision is- that the license should persons. the Assistant Regional Commissioner be revoked, a certified copy of the sum­ (a) Certain persons other than the within 15 days after receipt of the notice mary shall be furnished to the licensee licensee may secure the right to carry of denial. The request should include a with the notice of revocation on Form on the same firearms or ammunition statement of the reasons therefor. On 4500. If the decision is that the license business at the same address shown on, receipt of the request, the Assistant Re­ should not be revoked, the licensee shall gional Commissioner shall, as expedi­ and for the remainder of the term of, be so notified in writing. a current license. Such persons are: tiously as possible, make the necessary 178.75 Hearing after notice of revo­ (1) The surviving spouse or child, or arrangements for the hearing and advise executor, administrator, or other legal the applicant of the date, time, location, cation. representative of a deceased licensee; and the name of the officer before whom (a) No hearing held prior to notice of and the hearing will be held. Such notifica­ evocation. ILthe licensee did- not request (2) A receiver or trustee in bank­ tion shall be made not less than 10 days , hearing on receipt of the notice of con- ruptcy, or an assignee for benefit of in advance of the date set for the hear­ emplated revocation of his license, ing. On conclusion of the hearing and creditors. ’arm 4499, but does file a timely request consideration of all relevant facts and or a hearing after being served the (b) In order to secure the right pro­ circumstances presented by the appli­ vided by this section, the person or per­ cant or his representative, the Assistant LOtice of revocation, Form 4500, the sons continuing the business shall fur­ Regional Commissioner shall render his assistant Regional Commissioner sha

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16293 arrange for, and conduct, a hearing in shall include a statement of the findings a posthearing decision revoking the li­ the manner prescribed in § 178.74, except and conclusions upon which it is based, cense or denying the application, as the that the place of hearing will be deter­ including his ruling on each proposed case may be, he may, pursuant to 18 mined as provided by § 178.81. If, after finding, conclusion, and exception to the U.S.C. 923(f)(3), within 60 days after hearing, the Assistant Regional Com­ examiner’s recommended decision, to­ receipt of the final notice denying the missioner is still of the opinion that the gether with a statement of his findings application or revoking the license, file a license should be revoked; he will serve and conclusions, and reasons or basis petition for judicial review of such ac­ final notice of revocation, Form 4501, on therefor, upon all material issues of fact, tion. Such petition should be filed with the licensee, with a copy of his findings law, or discretion presented on the record. the U.S. district court for the district and conclusions. If he decides that the A signed duplicate original of the deci­ in which the applicant or licensee resides sion shall be served on the licensee and license should not be revoked, he will so or has his principal place of business. a copy containing certificate of service notify the licensee, in writing. In such case, when the Assistant Re­ shall be retained by the Assistant Re­ (b) Hearing held prior to notice of gional Commissioner finds that justice gional Commissioner for his files, and the revocation. If a hearing was held prior so requires, he may (1) postpone the e f­ to notice of revocation, Form 4500, and original shall be placed in the official record of the proceeding. fective date of revocation of a license or the licensee files a timely request for a (2) authorize continued operations un­ hearing after receipt of a notice of revo­ § 178.79 Service on applicant or licensee. der the expired license, as applicable, cation, the Assistant Regional Commis­ All notices and other formal docu­ pending judicial review. sioner shall refer the matter to the hear­ ments required to be served on an appli­ ing examiner, appointed under 5 U.S.C. cant or licensee under this subpart shall Subpart F— Conduct of Business 3105, designated to preside over such be served by certified mail or by personal § 178.91 Posting o f license. hearing. The examiner shall set a time delivery. Where service is by certified and place for the hearing and shall serve Any license issued under this part shall mail, a signed duplicate original copy notice thereof on the licensee and the be kept posted and kept available ibr of the formal document shall be mailed, A^istant Regional Commissioner at with return receipt requested, to the ap­ inspection on the premises covered by the least 10 days in advance of the hearing plicant or licensee at the address stated license. date. Such hearing shall be conducted in his application or license, or at his under the applicable provisions of Part § 178.92 Identification o f firearms. last known address. Where service is by 200 of this chapter, including those with Each licensed manufacturer or licensed personal delivery, a signed duplicate respect to stipulations at hearings, evi­ original copy of the formal document importer of any firearm manufactured dence, and closing of hearings. shall be delivered to the applicant or or imported on or after the effective date § 178.76 Recommended decision o f hear­ licensee, or, in the case of a corporation, of this part shall legibly identify each ing examiner. partnership, or association, by deliver­ such firearm by engraving, casting, stamping (impressing), or otherwise con­ Within a reasonable time after the ing it to an officer, manager, or general conclusion of a hearing held as pro­ agent thereof, or to its attorney of record. spicuously placing or causing to be en­ graved, cast, stamped (impressed) or vided in § 178.75, and as expeditiously as § 178.80 Representation at a hearing. possible, the examiner shall render a placed on the frame or receiver thereof recommended decision. Such decision An applicant or licensee may be rep­ in a, manner not susceptible of being shall become a part of the record and, resented by an attorney or other person readily obliterated, altered, or removed, if proposed findings and conclusions recognized to practice before the Internal (a) an individual serial number not du­ have been filed, shall show the exam­ Revenue Service as provided in 31 CFR plicating any serial number placed by iner’s ruling upon each of such proposed Part 10 (Treasury Department Circular the manufacturer or importer on any findings and conclusions. Decisions shall No. 230), if he has otherwise complied other firearm, (b) the model, if such des­ consist of (a) a brief statement of the with the applicable requirements of ignation has been made, (c) the caliber §§ 601.521-601.527 of this chapter. The issues of fact involved in the proceed­ or guage, (d) the name (or recognized Assistant Regional Commissioner may ing; (b) the examiner’s findings and abbreviation of same) of the manufac­ be represented in proceedings under conclusions, as well as the reasons and turer and also, when applicable, of the basis therefor, upon all the material § 178.75(b) by an attorney in the office of the regional counsel who is authorized importer, (e) in the case of a domes­ issues of fact, law or discretion presented tically made firearm, the city and State on the record; and (c) the examiner’s to execute and file motions, briefs and other papers in the proceeding, on be­ (or recognized abbreviation thereof) recommended determination on the wherein the licensed manufacturer record. half of the Assistant Regional Commis­ sioner, in his own name as “Attorney for maintains his place of business, and (f) § 178.77 Certification and transmittal of the Government.” in the case of an imported firearm, the record and recommended decision to name of the country in which manu­ § 178.81 Designated place of hearing. Director. factured and the city and State (or After reaching his decision, the exam­ The designated place of hearing shall recognized abbreviation thereof) of the iner shall certify to the complete record be such as meets the needs of the parties: importer: Provided, That the Director of the proceeding before him and shall Provided, That any hearing held after may authorize other means of identifica­ immediately forward it, together with notice of contemplated revocation but tion of the licensed manufacturer or li­ two copies of his recommended decision, prior to the notice of revocation shall be censed importer upon receipt of letter to the Director, and will forward two at the office of the Assistant Regional application, in duplicate, from same Commissioner. copies of his recommended decision to showing that such other identification the Assistant Regional Commissioner for § 178.82 Operations by licensees after is reasonable and will not hinder the ef­ bis files. notice. fective administration of this part: Pro­ § 178.78 Decision of Director. In any case where denial or revocation vided, further, That in the case of a de­ structive device, the Director may au­ H, after consideration of the record proceedings are pending before the In­ thorize other means of identifying that and the recommended decision of the ternal Revenue Service, or notice of examiner, the Director shall approve or denial or revocation has been served on weapon upon receipt of letter applica­ disapprove the findings, conclusion, and the licensee and he has filed timely re­ tion, in duplicate, from the licensed man­ recommended decision of the examiner, quest for a hearing, the license in the ufacturer or licensed importer showing and he shall direct the Assistant Re­ possession of the licensee shall remain that engraving, casting, or stamping (im­ gional Commissioner to issue a final in effect even though (a) such license pressing) such a weapon would be dan­ notice of revocation on Form 4501; or to has expired or (b) the revocation date gerous or impracticable. A firearm frame inform the licensee that the license shall specified in the notice of revocation on or receiver which is not a component remain in effect. Any decision of the Di­ Form 4500 served on the licensee has part of a complete weapon at the time rector for the revocation of a license passed. If a licensee is dissatisfied with it is sold, shipped, or otherwise disposed

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16294 PROPOSED RULE MAKING

of by a licensed manufacturer or licensed shall be paid by (1) cash, or (2) money and whose rifle or shotgun has been lost importer, shall be identified as required order or check made payable to the In­ or stolen or has become inoperative in by this section. ternal Revenue Service. the State in which the licensed dealer’s premises are located, if such person pre- § 178.93 Authorized operations by a li­ § 178.96 Out-of-State and mail order sents to the licensed dealer a sworn censed collector. sales. statement, in duplicate, (1) that his rifle The license issued to a collector of cu­ (a) The provisions of this section shall or shotgun was lost or stolen or became rios or relics under the provisions of this apply in any case where a firearm pur­ inoperative while participating in such part shall cover only transactions by the chased by or delivered to the person so a match or contest, or while engaged in licensed collector in curios and relics. receiving the firearm is not otherwise hunting, in the State in which the li­ The collector’s license is of no force or prohibited by the Act or this part. censed dealer’s business premises are effect and a licensed collector is of the (b) A licensed importer, licensed man­ located, (2) setting forth the name and same status under the Act and this part ufacturer, or licensed dealer may sell a address of the organized rifle or shotgun as a nonlicensee with respect to (a) any firearm to a person who does not appear match or contest, or the nature and loca­ acquisition or disposition of firearms or in person at the licensee’s business prem­ tion of the hunting, and the circum­ ammunition other than curios or relics, ises if such person (1) is a resident of the stances surrounding the firearm’s loss or any transportation, shipments, or re­ same State in which the licensee’s busi­ or theft, or the reason why the firearm ceipt of firearms or ammunition other ness premises are loeated, and (2) such has become inoperative,, and (3) iden­ than curios or relics in interstate or for­ person submits to the licensee the fire­ tifying the chief law enforcement officer eign commerce, and (b) any transactions arms transaction record, Form 4473, re­ (sheriff, chief of police, or police pre­ with nonlicensees involving any firearms quired by § 178.124. The person purchas­ cinct captain) of the locality in which or ammunition other than curios or ing the firearm shall attach to such rec­ such person resides. Immediately upon relics. ord a true copy of any permit or other delivery of the rifle or shotgun to such information required pursuant to any person, the licensed dealer shall forward § 178.94 Sales or deliveries between li­ statute of the State and published ordi­ censees. a copy of the sworn statement, by regis-, nance applicable to the locality in which tered mail, to the chief law enforcement An importer, manufacturer, dealer, or he resides. The licensee shall (1) prior to officer named by such person. The collector selling or otherwise disposing shipment or delivery of the firearm to licensee shall retain the original sworn of firearms or ammunition to another li­ such purchaser, forward by registered or statement, and evidence of delivery of censee shall verify the identity and li­ certified mail (return receipt requested) the copy thereof to the chief law enforce­ censed status of the transferee. Such a eopy of the record, Form 4473, to the ment officer, as a part of the records verification shall be established by the chief law enforcement officer named on required of him under Subpart H of this transferee furnishing to the transferor such record by the purchaser, and (2) de­ part. a certified copy of the transferee’s li­ lay shipment or delivery of the firearm § 178.97 Loan or rental of firearms. cense and by such other means as the to the purchaser for a period of at least transferor deems necessary. Each trans­ 7 days following receipt by the licensee A licensee may loan or rent a firearm feree shall obtain and/or make a certi­ of (i) the return receipt evidencing to any person for temporary use for fied copy of his license for such- use pur­ delivery of the copy of the return, Form lawful sporting purposes: Provided, That suant to § 178.95. 4473, to such chief law enforcement offi­ the delivery of the firearm to such per­ cer, or (ii) the return of the copy of the son is not prohibited by § 178.99(b) or § 178.95 Certified copy o f license. return, Form 4473, to him due to the § 178.99(c), and the licensee records such Each person licensed under the provi­ refusal of such chief law enforcement loan or rental in the records required to sions of this part shall be furnished to­ officer to accept same in accordance with "t>e kept by him under Subpart H of this gether with his license a copy thereof for U.S. Post Office Department regulations. part. his certification. If such a person de­ The original record, Form 4473, and evi­ § 178.98 Sales or deliveries of destruc­ sires an additional copy of his license for dence of receipt or rejection of delivery of tive devices and certain firearms. certification and for use pursuant to the copy of the return, Form 4473, sent § 178.94, he shall: to the chief law enforcement officer shall The sale or delivery by a licensee of any (a) Make a reproduction of the copy be retained by the licensee as a part of destructive device, machine gun, short- of his license and execute same, or the records required of him to be kept barreled shotgun, or short-barreled rifle, (b) Make a reproduction of his li­ under the provisions of Subpart H of this to any person other than another licensee cense, and, if an individual, enter upon part. who is licensed under this part to re­ such reproduction the statement: “I cer­ (c) A licensed importer, licensed man­ ceive such device or firearm, is pro­ tify that this reproduction is a true and ufacturer, or licensed dealer, may sell or hibited unless the person to receive such correct copy of my license,” and sign his deliver a rifle or shotgun (a licensed col- device or firearm has in his possession a name adjacent thereto, or, if the license . lector may sell or deliver a rifle or shot­ sworn statement, in triplicate, executed has been issued to a corporation or other gun only if it is a curio or relic) to a resi­ by the chief law enforcement officer business entity, a person authorized to dent of a State contiguous to the State in (sheriff, chief of police, or police precinct act on behalf of such corporation or other which the licensee’s place of business is captain) of the location wherein such business entity shall enter upon such re­ located if the purchaser’s State of resi­ person resides, attesting that (a) there production the statement: “I certify that dence permits such sale or delivery by is no provision of law, regulation or ordi­ this reproduction is a true and correct law, the sale fully complies with the legal nance which would be violated by such copy of the license issued to this busi­ conditions of sale in both such contigu­ person’s receipt or possession thereof, ness,” and sign his name and title adja­ ous States, and the purchaser and the and (b) that such chief law enforcement cent thereto, or licensee have, prior to the sale, or deliv­ officer is satisfied that (1) the receipt or (c) Submit a request, in writing, for ery for sale, of the rifle or shotgun, com­ possession of the destructive device, ma­ additional copies of his license to the As­ plied with all the requirements of chine gun, short-barreled shotgun, or sistant Regional Commissioner for the paragraph (b) of this section applicable short-barreled rifle is intended for law­ internal revenue region in which the li­ to intrastate transactions occurring on ful purposes by the person purchasing or cense was issued. The request shall set other than the licensee’s business otherwise acquiring such device or weap­ forth the name, trade name (if any) and premises. on, and (2) there is a reasonable neces­ sity for such person to purchase or other­ address of the licensee, and the nurdber (d) A licensed dealer may sell to any wise acquire the device or weapon, and of copies of the license desired. There person who is a resident of a State other (3) that such person’s receipt or posses­ shall be imposed a fee of $1 for each than the State in which the licensed sion of the device or weapon would not be copy of a license issued by the Assistant dealer’s premises are located, and who is inconsistent with public safety. Sucn Regional Commissioner under the pro­ participating in any organized rifle or visions of this paragraph. Fee payment shotgun match or contest, or is engaged sworn statement shall be distributed in shall accompany each such request for in hunting, in the State in which the accordance with the provisions containe additional copies of a license. Such fee licensed dealer’s premises are located, in Part 179 of this chapter, Machine

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16295

Guns and Certain Other Firearms. The position, unless the importer, manufac­ States by a licensed importer (as defined sale or delivery of the device or weapon turer, dealer or collector knows or has in § 178.11) unless (1) if a firearm, it is sftfl.ll not be made until the application reasonable cause to believe that the pur­ identified as required by this part, and for transfer is approved by the Director chase or possession would not be in viola­ (2) the Director has authorized the im­ and returned to the licensee (transferor) tion of such State law or such published portation of the firearm or ammunition, as provided in Part 179 of this chapter. ordinance. or (3) the firearm or ammunition is listed § 178.99 Certain prohibited sales or de­ (c) A licensed importer, licensed man­on the Importation List compiled by the liveries. ufacturer, licensed dealer, or licensed col­ Director as provided by paragraph (c) of lector shall not sell or otherwise dispose this section. (a) A licensed importer, licensed m an­ of any firearm or ammunition to any (b) An application for a permit, Form ufacturer, or licensed dealer, or licensed person knowing or having reasonable 6 (Firearms), to import or bring a fire­ collector shall not sell or deliver any fire­ cause to believe that such person (1) is arm or ammunition into the United arm to any person not licensed under this except as provided under § 178.143, under States or a possession thereof under this part, or the Federal Firearms Act, and indictment for, or, except as provided section shall be filed, in triplicate, with who the licensee knows or has reasonable under § 178.144, has been convicted in the Director. The application shall con­ cause to believe does not reside in (or if any court of a crime punishable by im­ tain (1) the name, address, and license a corporation or other business entity, prisonment for a term exceeding 1 year, number of the importer, (2) a descrip­ does not maintain a place of business in) (2) is a fugitive from justice, (3) is an tion of the firearm or ammunition to be the State in which the licensee’s place of unlawful user of or addicted to mari­ business or activity is located: Provided, imported, including type (e.g.: rifle, huana or any depressant or stimulant, shotgun, pistol, revolver), model, caliber, That the foregoing provisions of this drug (as defined in section 201 (v) of the paragraph (1) shall not apply to the size (if ammunition) or gauge, barrel Federal Food, Drug, and Cosmetic Act), length (if a firearm), country of manu­ sale. or delivery of a rifle or shotgun or narcotic drug (as defined in section (curio or relic, in the case of a licensed facture, and name of the manufacturer, 4731(a) of the Internal Revenue Code (3) the unit cost of the firearm to be collector) to a resident of a State con­ of 1954), or (4) has been adjudicated as tiguous to the State in which the licen­ imported, (4) the country from which to a mental defective or has been committed be imported, (5) the name and address see’s place of business or activity is lo­ to any mental institution. cated if the purchaser’s State of residence of the foreign seller and the foreign permits such sale or delivery by law, the § 178.100 Record o f transactions. shipper, (6) verification that if a firearm, it will be identified as required by this sale fully complies with the legal condi­ Every licensee shall maintain firearms part, and (7) (i) if imported or. brought tions of sale in both such contiguous records in such form and manner as is in for scientific or research purposes, a States, and the purchaser and the licen­ prescribed by Subpart H of this part. see have, prior to the sale, or delivery for statement describing such purposes, or sale, of the rifle or shotgun, complied Subpart G— Importation (ii) if for use in connection with compe­ tition or training pursuant to chapter with the requirements of § 178.96(b), (2) § 178.111 General. shall not apply to the loan or rental of 401 of title 10, U.S.C., a statement de­ a firearm to any person for temporary (a) Section 922(a) (3) of v the Act scribing such intended use, or (iii) if an use for lawful sporting purposes, and (3) makes it unlawful, with certain excep­ unserviceable firearm (other than a ma­ shall not preclude any person who is tions not pertinent here, for any person chine gun) being imported as a curio or participating in any organized rifle or other than a licensee, to transport into museum piece, a description of how it shotgun match or contest, or is engaged or receive in the State where he resides was rendered unserviceable and an ex­ in hunting, in a State other than his any firearm purchased or otherwise ob­ planation of why it is a curio or museum State of residence and whose rifle or tained by him outside of that State. How­ piece, or (iv) if a firearm, other than a shotgun has been lost or stolen or has ever, section 925(a) (4) provides a limited surplus military firearm, of a type that become inoperative in such other State, exception for the transportation, ship­ does not fall within the definition of a from purchasing a rifle or shotgun in ment, receipt or importation of certain firearm by section 5845(a) of the In­ such other State from a licensed dealer firearms and ammunition by. certain ternal Revenue Code of 1954, and is for upon presentation by such person to such members of the United States armed sporting purposes, an explanation of why d^ler a sworn statement, in duplicate, forces. Section 922(1) of the Act makes the applicant believes the firearm is gen­ U) that his rifle or shotgun was lost or it unlawful for any person knowingly to erally recognized as particularly suitable stolen or became inoperative while par­ import or bring into the United States for or readily adaptable to sporting pur­ ticipating in such a match or contest, or or any possession thereof any firearm or poses, or (v) if ammunition being im­ while engaged in hunting, in such other ammunition except as provided by sec­ ported for sporting purposes, a statement btate, and (ii) identifying the chief law tion 925 (d) of the Act, which section pro­ why the applicant believes it is generally enforcement officer (sheriff, chief of vides standards for importing or bringing recognized as particularly suitable for Police or police precinct captain) of the firearms or ammunition into the United or readily adaptable to sporting purposes. locality m which such person resides (for States. Accordingly, no firearm or am­ In determining whether a firearm or am­ cn dealer^ disposition of such sworn munition may be imported or brought munition is particularly suitable for or statement, see § 178.96(d)). into the United States except as provided readily adaptable to sporting purposes, , ^ ^ licensed importer, licensed m an- by this part. the Director may seek the recommenda­ uiacturer’ licensed dealer, or licensed (b) Where a firearm or ammunition is tion of the advisory board authorized by ector shall not sell or deliver (i) any imported and the authorization for im­ paragraph (c) of this section. If the nrearm or ammunition to any individual portation required by this subpart has Director approves the application, such ftrrvir6 importer> manufacturer, dealer, not been obtained by the person import­ k°v kn°ws or has reasonable ing same, such person shafl : approved application shall serve as the kekeve is less than 18 years of ( 1) Store, at his expense, such firearm permit to import the firearms or ammu­ the firearm , or ammunition, or ammunition at a facility designated nition described therein, and importation miinH«r tï an a shotgun or rifle, or am - by U.S. Customs to await the issuance of of such firearms or ammunition may S S J shotgun or rifle, to any the required authorization or other continue to be made by the licensed im ­ turpr aliWho the importer, manuf ac­ disposition; or porter under the approved application res,qnn or oohector knows or has (2) Abandon such firearm or ammuni­ (permit) during the period specified S S ? e*C£U3se to believe is less than tion to the U.S. Government; or +ge’ or (2) any firearm or thereon. The Director shall furnish the (3) Export such firearm or ammuni­ w h™ hi0n to any person in any State approved application (permit) to the ap­ tion. «ere the purchase or possession by such plicant and retain two copies thereof for u°f. SUCb firearm or ampiunition § 178.112 Importation by a licensed im­ administrative use. If the Director disap­ porter. anv delation of any State law or proves the application, the licensed im­ Published ordinance applicable at (a) No firearm or ammunition shall beporter shall be notified of the basis for Place of sale, delivery or other dis­ imported or brought into the United the disapproval.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16296 PROPOSED RULE MAKING

(c) The Director may compile an Im­ pearing on the Form 6A (Firearms) cer­ nition described therein. The Director portation List of firearms and ammuni­ tified by Customs, (2) pursuant to § 178.- shall furnish the approved application tion which he determines to be generally 92, place all required identification data (permit) to the applicant and retain recognized as particularly suitable for on each imported firearm if same did not two copies thereof for administrative or readily adaptable to sporting purposes. bear such identification data at the time use. If the Director disapproves the an The determination of the Director that of its release from Customs custody, and plication, the applicant shall be notified a firearm or ammunition is generally rec­ (3) post in the records required to be of the basis for the disapproval. ognized to be particularly suitable for maintained by him under Subpart H of or readily adaptable to sporting purposes (c) A firearm or ammunition imported this part; all required information re­ or brought into the United States or a may be made with the assistance of an garding the importation. advisory board to be appointed by the possession thereof under the provisions Commissioner. Such board may be com­ § 178.113 Importation by other li­ of this section may be released from Cus­ posed of persons from within and without censees. toms custody to the licensee importing the firearm or ammunition upon his governmental agencies who are recog­ (a) No person other than a licensed showing that he has obtained a permit nized as being particularly knowledgeable importer (as defined in § 178.11) shall from the Director for the importation In in the use and classification of firearms engage in the business of importing fire­ obtaining the release of the firearm or and ammunition. No firearm shall be arms or ammunition. Therefore, no fire­ ammunition from Customs custody, the placed on the Importation List unless it arm or ammuntion shall be imported or licensee importing same shall prepare is found that (1) the caliber or gauge of brought into the United States or a pos­ Form 6A (Firearms), in duplicate, and the firearm is suitable for use in a recog­ session thereof by any licensee other furnish the original Form 6A (Firearms) nized shooting sport, (2) the type of fire­ than a licensed importer unless the Di­ to the Customs officer releasing the fire­ arm is generally recognized as particu­ rector issues a permit authorizing the arm or ammunition. The Customs officer larly suitable for or readily adaptable importation of the firearm or ammu­ shall, after certification, forward the to such use, and (3) the use of the fire­ nition. arm in a recognized shooting sport will Form 6A (Firearms) to the Assistant (b) An application for a permit, Form Regional Commissioner for the region not endanger the person using it due to 6 (Firearms), to import or bring a fire­ wherein the licensee importing the fire­ deterioration through such use or because arm or ammunition into the United arm or ammunition maintains his li­ of inferior workmanship, materials or States or a possession thereof by a li­ design. No ammunition shall be placed censed premises. The Form 6A (Fire­ censee, other than a licensed importer, arms). shall show the name, address, and on the Importation List unless it is found shall be filed, in triplicate, with the Di­ that (i) the caliber, size or gauge of the the license number of the licensee, the rector. The application shall contain (1) name of the manufacturer, the country ammunition is suitable for use in a rec­ the name, address, and the license num­ ognized shooting sport, (ii) the type of of m anuf acture, and the type, model, and ber of the applicant, (2) a description caliber, size (if ammunition) or gauge of ammunition is generally recognized as of the firearm or ammunition to be im­ the firearm or ammunition so released, particularly suitable for or readily adapt­ ported, including type'(e.g.: rifle, shot­ and, if applicable, the number of fire­ able to such use, and (iii) the use of the gun, pistol,/revolver), model, caliber, arms or rounds of ammunition released. ammunition in a recognized shooting size (if ammunition) or gauge, barrel (d) W ithin 15 days of the date of re­ sport will not endanger the person using length (if a firearm), country of man­ lease from Customs custody, the licensee it. ufacture, and name of the manufacturer, importing the firearm or ammunition (d) A firearm or ammunition imported (3) the unit cost of the firearm or ammu­ shall (1) in the case of an imported fire­ or brought into the United States by a nition to be imported, (4) the name and arm, place all required identification data licensed importer may be released from address of the foreign seller and the required by this part (except as provided Customs custody to the licensed importer foreign shipper, (5) the country from -in paragraph (e) of this section) on the upon his showing that he has obtained which the firearm or ammunition is to firearm if the firearm did not possess a permit from the Director for the im­ be imported, (6) except as provided in such identification data at the time of its portation of the firearm or ammunition paragraph (e) of this section, verifica­ release from Customs custody, and (2) to be released, or that the firearm or tion that the firearm to be imported will ammunition appears on the Importation forward to the Assistant Regional Com­ be identified as required by this part, missioner a copy of Form 6A (Firearms) List. In obtaining the release from Cus­ and (7) (i) if the firearm or ammunition on which shall be reported any error or toms custody of a firearm or ammuni­ is being imported or brought in for sci­ discrepancy appearing on the Form 6A tion authorized by this section to be im­ entific or research purposes, a statement (Firearms) certified by Customs, and the ported through use of a permit or be­ describing such purposes, or (ii) if for identification serial number of the fire­ cause the firearm or ammunition appears use in connection with competition or on the Importation List, the licensed arm or the identifying marks of the am­ training pursuant to chapter 401 of title munition. When a firearm imported importer shall prepare Form 6A (Fire­ 10, U.S.C., a statement describing such arms), in duplicate, and furnish the under the provisions of this section does intended use, or (iii) if an unserviceable not possess an identifying serial number original Form 6A (Firearms) to the Cus­ firearm (other than a machine gun) be­ toms officer releasing the firearm or am ­ at the time of its release from Customs ing imported as a curio or museum piece, custody, the licensee importing such fire­ munition. The Customs officer shall, a description of how it was rendered un­ after certification, forward the Form 6A arm shall obtain an identifying serial serviceable and an explanation of why number from the Assistant Regional (Firearms) to the Assistant Regional it is a curio or museum piece, or (iv) if a Commissioner for the region wherein the firearm, other than a surplus military Commissioner. licensed importer maintains his place firearm, of a type that does not fall with­ (e) Notwithstanding the identification of business. The Form 6A (Firearms) in the definition of a firearm under requirements of § 178.92 a firearm im­ shall show the name, address, and li­ 5845(a) of the Internal Revenue Code ported or brought into the United States cense number of the importer, the name of 1954, and is for sporting purposes, an or a possession thereof under this sec­ of the manufacturer of the firearm or explanation of why the applicant be­ tion shall not be required to bear the ammunition, the country of manufac­ lieves the firearm is generally recognized name, city, and State of the licensee so ture, the type model, and caliber, size as particularly suitable for or readily importing or bringing in the firearm. (if ammunition) or gauge, and the num­ adaptable to sporting purposes, or (v) ber of firearms or rounds of ammunition if ammunition being imported for sport­ § 178.114 Importation by members of released. ing purposes, a statement why the appli­ the U.S. Armed Forces. (e) Within 15 days of the date of re­ cant believes it is generally recognized (a) For the purposes of this section, lease from Customs custody,, the licensed as particularly suitable for or readily (1) a member of the U.S. Armed Forces importer shall (1) forward to the Assist­ adaptable to sporting purposes. If the ant Regional Commissioner a copy of Director approves the application, such on active duty shall be considered to be a Form 6A (Firearms) on which shall be approved application shall serve as the resident of the State in which his reported any error or discrepancy ap- permit to import the firearm or ammu­ permanent duty station is located, an

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16297

(2) the term “United States” when used istrative purposes. If the Director dis­ tion shall be released from Customs cus­ in other than “United States Armed approves the application, the applicant tody in the manner prescribed in the con­ Forces” shall mean each of the several shall be notified of the basis for the dis­ ditional authorization issued by the Di­ States and the District of Columbia. approval. rector. (b) The Director may issue a permit (c) Upon receipt of an approved ap­ Subpart H— Records authori n g the importation of a firearm plication (permit) to import the firearm § 178.121 General. or ammunition into the United States to or ammunition, the applicant shall pro­ the place of residence of any member ceed in accordance with the provisions (a) The records prescribed by this part of the U.S. Armed Forces who is oh ac­ contained in § 178.113 (c)-(e). However, shall be in permanent form, and shall be tive duty outside the United States, or where the applicant is on active duty retained on the licensed premises in the who has been on active duty outside the outside the United States, he may ap­ manner prescribed by this subpart. United States within the 60-day period point, in writing, an agent to obtain the (b) Internal revenue officers may enter immediately preceding the intended im ­ release of the firearm or amfliunition the premises of any licensed importer, portation. An application for such a per­ from Customs custody for him. Such licensed manufacturer, licensed dealer, mit, Form 6 (Firearms), shall be filed, agent shall present sufficient identifica­ or licensed collector for the purpose of in triplicate, with the Director. The ap­ tion of himself and the written author­ examining or inspecting any record or plication shall contain (1) the name and ization to act on behalf of the applicant document required by or obtained under current address of the applicant, (2) to the Customs officer who is to release this part (see § 178.23). Section 923(g) certification that the transportation, re­ the firearm or ammunition. Such agent of the Act requires licensed importers, ceipt, or possession of the firearm or shall also be responsibly for ensuring licensed manufacturers, licensed dealers, ammunition to be imported would not that all provisions contained in § 178.113 and licensed collectors to make such rec­ constitute a violation of any provision (c) -(e) are fully met. ords available for such examination or of the Act, Title V II of the Omnibus §178.115 Exempt importation. inspection at all reasonable times. Crime Control and Safe Streets Act of (c) Each licensed importer, licensed 1968 (82 Stat. 236), or of any State law (a) Firearms and ammunition may be manufacturer, licensed dealer, and li­ or local ordinance at the place of the brought into the United States or any censed collector shall maintain such rec­ applicant’s residence, (3) a description possession thereof by any person who can ords of importation, production, ship­ of the firearm or ammunition to be Im ­ establish to the satisfaction of Customs ment, receipt, sale, or other disposition, ported, including type (e.g.: rifle, shot­ thgt such firearm or ammunition was whether temporary or permanent, of gun, pistol, revolver), model, caliber, size previously taken out of the United States firearms and ammunition as the regula­ or any possession thereof by such (if ammunition) or gauge, barrel length tions contained in this part prescribe. person. (if a firearm), country of manufacture, Section 922 (m) of the Act makes it un­ and name of the manufacturer, (4) the (b) Firearms and ammunition may lawful for any licensed importer, licensed unit cost of the firearm or ammunition be imported or brought into the United manufacturer, licensed dealer, or licensed to be imported, (5) the name and ad­ States by or for the United States or collector knowingly to make any false dress of the foreign seller (if applicable) any department or agency thereof, or entry in, to fail to make appropriate and the foreign shipper, (6) the coun­ any State or any department, agency, entry in, or to fail to properly maintain try from which the firearm or ammuni­ or political subdivision thereof. A fire­ any such record. tion is to be imported, (7) verification arm or ammunition imported or brought that, if a firearm, proper identification into the United States under this para­ § 178.122 Records maintained by im­ data will be placed on the firearm, (8) (i) graph may be released from Customs porters. that the firearm or ammunition being custody upon a showing that the fire­ (a) Each licensed importer shall, imported is for the personal use of arm or ammunition is being imported or within 15 days of the date of importation the applicant, and (ii) if. the firearm brought into the United States by or for or other acquisition, record the type, is being imported for sporting purposes, such a governmental entity, model, caliber or gauge, manufacturer, a statement that the firearm is not a (c) The provisions of this subpart country of manufacture, and the serial surplus military firearm, that it does shall not apply with respect to the im­ number of each firearm he imports or not fall within the definition of a firearm portation into the United States of any otherwise acquires, and the date such under 5845(a) of the Internal Revenue antique firearm. importation or other acquisition was Code of 1954, and an explanation of why made. Each licensed importer shall, § 178.116 Conditional importation. the applicant believes the firearm is gen­ within 15 days of the date of importation erally recognized as particularly suitable The Director may permit the condi­ or other acquisition, record the type, cali­ for or readily adaptable to sporting pirn- tional importation or bringing into the ber, size or gauge, manufacturer, country poses, or (iii) if ammunition being im ­ United States or any possession thereof of manufacture, serial number (if any), ported for sporting purposes, a statement of any firearm or ammunition for the and any other identifying marks of the why the applicant believes it is generally purpose of examining and testing the ammunition he imports or otherwise ac­ recognized as particularly suitable for firearm or ammunition in connection quires, and the date such importation or or readily adaptable to sporting purposes, with making a determination as to other acquisition was made. or (iv) if a firearm being imported as a whether the importation or bringing in (b) A separate record of firearms and Wpe determined by the Department o f of such firearm or ammunition will be ammunition disposed of by a licensed efense to be normally classified as a authorized under this part. An applica­ importer to another licensee shall be war souvenir, a copy of such determina- tion for such conditional importation maintained by the licensed importer on íon or other proof or evidence of such shall be filed, in duplicate, with the Di­ his licensed premises and shall show the etermmation, and (9) the applicant’s rector. The Director may impose condi­ quantity, type, manufacturer, country of aate of birth, his rank or grade, his place tions upon any importation under this manufacture, caliber, size (if ammuni­ residence, his present foreign duty section including a requirement that the tion) or gauge, serial number (and in the station or his last foreign duty station, firearm or ammunition be shipped, di­ case of ammunition, the identifying the case may be, the date of his reas- rectly from Customs Custody to the Di­ marks), and the name, address, license ?Tn^fnL to a duty station within the rector and that the person importing or number and the method of verifying the mint ®tates, if applicable, and the bringing in the firearm or ammunition licensed status of the licensee to whom Tf tn^^j^ranc^ which he is a member. must agree to either export the firearm the firearms and ammunition were Ureector approves the application, or ammunition or destroy same if a transferred. The information required by thf> approved application shall serve as determination is made that the firearm this paragraph shall be entered in a per­ mnn^ t o import the firearm or am- or ammunition may not be imported or manent record book not later than the unition described therein. The Direc- brought in under this part. A firearm or close of the next business day following tor shan furnish the approved applica- ammunition imported or brought into the date of the transaction, and such rPtoi(Pf^mit) to the aPPlicant and shall the United States or any possession information shall be recorded under the lam the two copies thereof for admin- thereof under the provisions of this sec­ following format:

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16298 PROPOSED RULE MAKING

copy of any permit or other information Country Caliber, Name, address, Method of veri­ Date of required pursuant to any statute of the Quan­ Type Manu­ of size Model Serial and license No. fying license the trans­ tity facturer manu­ or No. of licensee to status of the action State and published ordinance applicable facture gauge whom transferred licensee to the locality in which he resides. The licensee shall identify the firearm to be transferred by listing in the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model (c) Notwithstanding the provisions of manufacturer and the country of manu­ caliber or gauge, and the serial number paragraph (b) of this section, the Assist­ facture need not be recorded if the of the firearm. Before transferring the ant Regional Commissioner may au­ firearm or ammunition is of the manu­ firearm described in the Form 4473, the thorize alternate records to be main­ facturer’s own manufacture. licensee shall, in the case of an over- tained by a licensed importer to record (c) Notwithstanding the provisions of the-counter transaction, cause the trans­ his disposal of firearms and ammunition paragraph (b) of this section, the feree to identify himself in any* manner when it is shown by the licensed importer Assistant Regional Commissioner may customarily used in commercial trans­ that such alternate records will accu­ authorize alternate records to be main­ actions (e.g.: a driver’s license), and rately and readily disclose the informa­ tained by a licensed manufacturer to shall note on the form the method used. tion required by paragraph (b) of this record his disposal of firearms and In the case of a transaction other than section. A licensed importer who pro­ ammunition when it is shown by the an over-the-counter transaction, the poses to use alternate records shall sub­ licensed manufacturer that such alter­ licensee shall obtain verification as to mit a letter application, in duplicate, to nate records will accurately and readily the identity of the transferee through the Assistant Regional Commissioner and disclose the information required by certification on the Form 4473 by a no­ shall describe the proposed alternate rec­ paragraph (b) of this section. A licensed tary public, or a Federal, State, or local ords and the need therefor. Such alter­ manufacturer who proposes to use alter­ law enforcement officer of the locality nate records shall not be employed by nate records shall submit a letter appli­ wherein the transferee resides, attesting the licensed importer until approval in cation, in duplicate, to the Assistant that such official knows or has estab­ such regard is received from the Assist­ Regional Commissioner and shall de­ lished the identity of the transferee. ant Regional Commissioner. scribe the proposed alternate records (c) A licensee who sells or otherwise (d) Each licensed importer shall and the need therefor. Such alternate disposes of a firearm to a nonlicensee maintain separate records of the sales records shall not be employed by the li­ who is other than an individual, shall or other dispositions made of firearms censed manufacturer until approval in obtain from the transferee the informa­ and ammunition to nonlicensees. Such such regard is received from the Assist­ tion required by paragraph (b) of this records shall be maintained in the form ant Regional Commissioner. section from an individual authorized and manner as prescribed by § 178.124 (d) Each licensed manufacturer shall to act on behalf of the transferee. In in regard to firearms transaction records, maintain separate records of the sales addition, the licensee shall obtain from and by §§ 178.124 and 178.125 in regard or other dispositions made of firearms the individual acting on behalf of the to firearms transaction records and rec­ and ammunition to nonlicensees. Such transferee a written statement, executed ords of dispositions made of firearms records shall be maintained in the form under the penalties of perjury, that the and ammunition. and manner as prescribed by § 178.124 firearm is being acquired for the use in regard to firearms transaction rec­ of and will be the property of the trans­ § 178.123 Records maintained by man­ ords, and by §§ 178.124 and 178.125 in feree, and showing the name and address ufacturers. regard to firearms transaction records of that transferee. (a) Each licensed manufacturer shall and records of dispositions made of fire­ (d) Form 4473 shall be prepared and record the type, model, caliber or gauge, arms and ammunition. submitted in duplicate to the licensee by a transferee who is purchasing or and serial number of each complete fire­ § 178.124 Firearms transaction record. arm he manufactures or otherwise ac­ otherwise acquiring a firearm by other quires, and the date such manufacture (a) A licensed importer, licensed than an over-the-counter transaction, or or other acquisition was made. Each manufacturer, licensed dealer, or who is a resident of a contiguous State. licensed manufacturer shall record the licensed collector shall not sell or other­ Upon receipt of such Forms 4473, the type, caliber, size or gauge, serial Dumber wise dispose, temporarily or permanent­ licensee shall (1) prior to shipment or (if any), and any other identifying marks ly, of any firearm to any person, other delivery of the firearm to such trans­ of the ammunition he manufactures or than another licensee, unless he records feree, forward by registered or certified otherwise acquires. The information re­ the transaction on a Form 4473, Fire­ mail (return receipt requested) a copy of quired by this paragraph shall be re­ arms ' Transaction Record. A licensed the Form 4473 to the chief law enforce­ corded not later than the close of the importer, licensed manufacturer, li­ ment officer named in the Form 4473 by next business day following the date censed dealer, or licensed collector shall the transferee, and (2) delay shipment such manufacture or other acquisition retain, in chronological order and as a or delivery of the firearm to the trans­ was made. part of his permanent records, each feree for a period of at least 7 days following receipt by the licensee of (i) (b) A record of firearms and ammu­ Form 4473 he obtains in the course of the return receipt evidencing delivery nition disposed of by a licensed manu­ transferring custody of his firearms. of the copy of the return, Form 4473, to facturer to another licensee shall be (b) Prior to transferring a firearm to such chief law enforcement officer, or maintained by the licensed manufac­ a nonlicensee, the licensed importer, (ii) the return of the copy of the return. turer on his licensed premises and shall licensed manufacturer, licensed dealer, or Form 4473, to him due to the refusal oi show the quantity, type, caliber, size (if licensed collector shall obtain a Fprm such chief law enforcement officer to ammunition) or gauge, serial number 4473 from the transferee showing the name, address, date and place of birth, accept same in accordance with UJa- (and in the case of ammunition, the Post Office Department regulations. The identifying marks), and the name, ad­ height, weight, and race of the transferee original Form 4473, and evidence of re­ dress, license number and method of and showing that the receipt or posses­ ceipt or rejection of delivery of the copy verifying the licensed status of the li­ sion of the firearm by the transferee of the return, Form 4473, sent to the chie censee to whom the firearms and ammu­ would not be in violation of any provi­ law enforcement officer shall be retains nition were transferred. The information sions of the Act. The transferee shall, if by the licensee as a part of the rec°{. required by this paragraph shall be he is obtaining the firearm by intrastate required of him to be kept under entered in a permanent record book not mail order or otherwise is not appearing subpart. . later than the close of the next business in person at the licensee’s premises, or is (e) A licensee shall attach to a n d ma day following the date of the transac­ a resident of a contiguous State, execute a part of the related Form 4473 he re­ tion, and such information shall be re­ and date the statement required by sec­ tains for his records, the sworn sta - corded under the format prescribed by tion 922(c) of the Act and contained on ment furnished to him pursuant § 178.122 except that the name of the the Form 4473, and attach thereto a true § 178.96(d) or § 178.98.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16299

(f) The requirements of this section date of such purchase or acquisition. The an alternate method of reporting shall shall be hi addition to any other record- record shall show the date each firearm, submit a letter application, in duplicate, keeping* requirement contained in this ammunition, curio or relic, was pur­ to the Assistant Regional Commissioner part. chased or otherwise acquired, the type, and shall describe the proposed alternate (g) A licensee may obtain, upon re­ manufacture, importer (if any), caliber, method of reporting and the need there­ quest, a supply of Form 4473 from any size (if ammunition) or gauge, model, for. An alternate method of reporting Assistant Regional Commissioner or any name and address of the person from shall not be employed by the licensee un­ District Director. whom received, and the serial number of til approval in such regard is received the firearm, or firearm curio or relic, from the Assistant Regional Commis­ § 178.125 Record o f receipt and dispo­ or the serial number,or other identifying sioner. sition. marks of the ammunition. The sale or § 178.127 Discontinuance o f business. (a) Each licensed dealer shall prepare other disposition of a firearm, ammuni­ a permanent record of each firearm and tion, curio or relic shall be recorded by Where a firearms or ammunition busi­ of the ammunition in his inventory on the licensed dealer or the licensed col­ ness is discontinued and succeeded by a the effective date of this part, and there­ lector at the time of such transaction, new licensee, the records prescribed by after enter in such record each receipt and the information prescribed for the this subpart shall appropriately reflect and each disposition of firearms and record required by this paragraph shall such facts and shall be delivered to the ammunition. Each licensed collector be in addition to the firearms transaction successor. Where discontinuance of the shall upon receipt of his license prepare, record, Form 4473, required by § 178.124 business is absolute, the records pre­ a permanent record of each curio and of this part. The record shall show the scribed by this subpart shall be delivered relic in his collection, and thereafter date of the sale or other disposition of within 30 days following the business enter in such record each receipt and each firearm, ammunition, curio, or relic, discontinuance to the Assistant Regional disposition of curios and relics. The the name, address, and the license num­ Commissioner for the internal revenue record required by this paragraph shall ber (if any) and the date of birth of the region in which the business was op­ be maintained in bound form under transferee if such person is not a licensee. erated: Provided, however, Where State the format prescribed below. The pur­ The record required by this paragraph law or local ordinance requires the de­ chase or other acquisition o f a firearm shall be maintained in chronological livery of records to other responsible or ammunition by the licensed dealer, or order by date the firearms, ammunition, authority, the Assistant Regional Com­ of a curio or relic by a licensed collector, curios or relics are purchased or other­ missioner may arrange for the delivery must be recorded not later than the close wise acquired. The format required for of the records required by this subpart to of the next business day following the the record of receipt and disposition is: such authority. A cquisition Subparf I— Exemptions ^ 178.141 General. Caliber, size Serial No. (and/or Name and address of Date Type Manufacturer Importer Model (if ammuni­ ' identifying marks, person from whom The provisions of this part shall not (if any) tion) or gauge if ammunition) received apply with respect to: (a) The transportation, shipment, re­ ceipt, or importation of any firearm or ammunition imported for, sold or shipped

D isposition to, or issued for the use of, the United States or any department or agency thereof or any State or any department, Name of person to Address of person License No. Date of birth Method of verifying the Date whom transferred to whom (if a licensee) (if a nonlicensee) identity of the purchaser agency, or political subdivision thereof. transferred (b) The shipment or receipt of fire­ arms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10, U.S.C., and the transportation of any such firearm or (b) Notwithstanding the provisions (d) Each licensed importer and li­ammunition carried out to enable a per­ paragraph (a) of this section, the A censed manufacturer selling or other­ son, who lawfully received such firearm sistant Regional Commissioner may a wise disposing of firearms to nonlicensees or ammunition from the Secretary of thorize alternate records to be m ai shall maintain such records of such the Army, to engage in military training tained by a licensed dealer or a licens transactions as are required of licensed or in competitions. collector to record his acquisition ai dealers and licensed collectors by (c) The shipment, unless otherwise disposal of firearms and ammunition, § 178.124. curios and relics, when it is shown by t prohibited by the Act or any other Fed­ licensed dealer or the licensed collect § 178.126 Furnishing transaction infor* eral law, by a licensed importer, licensed manufacturer, or licensed dealer to a uiat such alternate records will a mation. ' member of the U.S. Armed Forces on ac­ curately and readily disclose the i: (a) Each licensee shall, when required tive duty outside the United States or formation required by paragraph (a) by letter issued by the Assistant Regional to clubs, recognized by the Department of ms section. A licensed dealer or licens. Commissioner, and until notified to the Defense, whose entire membership is von } or who Proposes to use altema contrary in writing by such officer, sub­ composed of such members of the U.S. in ’.shall submit a letter applicatio mit on Form 4483, Report of Firearms Armed Forces, and such members or duplicate, to the Assistant Region Transactions, for the periods and at the clubs may receive a firearm or ammuni­ times specified in the letter issued by the n°IT lsIloner and sha11 describe tl tion determined by the Director to be Assistant Regional Commissioner, all tw °fSec* al^ernate records and the ne generally recognized as particularly suit­ record information required by this sub­ nnf vi°r‘ alternate records shi able for sporting purposes and intended nr £mpk>yed by the licensed deal part, or such lesser record information for the personal use of such member or in ,licensed collector until approv as the Assistant Regional Commissioner club. Before making a shipment of fire­ Assktoh4. £fgard is received from tl in his letter may specify. assistant Regional Commissioner. arms or ammunition under the provisions (b) The Assistant Regional Commis­ of this paragraph, a licensed importer, cen*LEach Ucensed importer and J sioner may authorize the information to licensed manufacturer, or licensed dealer w £ l “ anufacturer seUine or othe be submitted in a manner other than that may submit a written request, ih dupli­ tion of firearms °r ammur prescribed in paragraph (a) of this sec­ cate, to the Director for a determination r a nondcense®s shall maintain su< tion when it is shown by a licensee that by the Director whether such shipment . r of su°h transactions as are r an alternate method of reporting is rea­ would constitute a violation of the Act or ° f licensed dealers and licens. sonably necessary and will not unduly any other Federal law, or whether the section°rS by paragraph (a) ° f tfc hinder the effective administration of. firearm or ammunition is considered by this part. A licensee who proposes to use the Director to be generally recognized

No. 217------5 FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1948 16300 PROPOSED RULE MAKING

as particularly suitable for sporting pur­ (d) Whenever the Commissioner or controlling, directly or indirectly the poses. grants relief to any person pursuant to policies and management of such orca- (d) The transportation, shipment, re­this section, he shall promptly publish in nization, the nature and purpose of the ceipt, or importation of any antique the F ederal R egister notice of such ac­ research being conducted, a description firearm. tion, together with the reasons therefor. of the devices and weapons to be (e) A person who has been granted § 178.142 Effect of Presidential pardon. received, and the identity of the person relief under this section shall be relieved or persons from whom such devices and A pardon granted by the President of of any disabilities imposed by Federal weapons are to be received. the United States regarding a conviction laws with respect to the acquisition, re­ for a crime punishable by imprisonment § 178.146 Deliveries by mail to certain ceipt, transfer, shipment, or possession persons. for a term exceeding 1 year shall remove of firearms and incurred by reason of any disability which otherwise would be such conviction. The provisions of this part shall not imposed by the provisions of this part in (f) (1) A licensee who is convicted of be construed as prohibiting a licensed respect to that conviction. a crime punishable by imprisonment for importer, licensed manufacturer, or licensed dealer from depositing a ’fire- § 178.143 Relief from disabilities in­ a term exceeding 1 year during the term curred by indictment. of a current license or while he has pend­ arm for conveyance in the mails to any I ing a license renewal application, and officer, employee, agent, or watchman! A licensed importer, licensed manufac­ who qualifies under this section to file an who, pursuant to the provisions of sec-' turer, licensed dealer, or licensed collec­ application for removal of disabilities re­ tion 1715 of title 18, U.S.C., is eligible to! tor who is indicted for a crime punish­ sulting from such conviction, shall not be receive through the mails pistols,1 able by imprisonment for a term exceed­ barred from licensed operations for 30 revolvers, and other firearms capable of ing 1 year may, notwithstanding any days after the date upon which his con­ being concealed on the person, for use other provision of the Act, continue oper­ viction becomes final, and if he files his in connection with his official duties. ations pursuant to his existing license application for relief as provided by this § 1 7 8 .1 4 7 Repair of firearm. during the term of such indictment and section within such 30-day period, he until any conviction pursuant to the in­ may further continue licensed opera­ A person not otherwise prohibited by dictment becomes final: Provided, That tions during the pendency of his appli­ Federal, State or local law may ship a if the term of the license expires during cation. A licensee who is not qualified firearm to a licensed importer, licensed the period between the date of the indict­ under this section to file an application manufacturer, or licensed dealer for the ment and the date the conviction there­ for relief or, if so qualified, does not file sole purpose of repair or customizing, under becomes final, such importer; such application within 30 days from the notwithstanding any other provision of manufacturer, dealer, or collector must date his conviction becomes final shall this part, the licensed importer, licensed manufacturer, or licensed dealer may file a timely application for the renewal not continue licensed operations beyond return in interstate or foreign com­ of his license in order to continue opera­ 30 days from the date his conviction be­ tions. Such application shall show that comes final. merce to that person the repaired fire­ arm or a replacement firearm of the the applicant is under indictment for a (2) In the event the term of a license same kind and type. crime punishable by Imprisonment for a of a person qualified to seek relief under term exceeding 1 year. this section expires during the 30-day § 178.148 Ammunition loading for per- § 178.144 Relief from disabilities in­ period following the date upon which his sonal use. curred by conviction. conviction becomes final or during the The licensing provisions of this part pendency of his application for relief, he (a) Any person may make application shall not apply to any person who en­ for relief from the disabilities under Fed­ must file a timely application for renewal gages only in hand loading, reloading, eral law incurred by reason of a convic­ of his license in order to continue licensed or custom loading ammunition for his tion of a crime punishable by imprison­ operations. Such license application shall own firearm, and who does not hand ment for a term exceeding 1 year if such show that the applicant has been con­ load, reload, or custom load ammunition victed of a crime punishable by im­ conviction was not of a crime involving for others. prisonment for a term exceeding 1 year. the use of a firearm or other weapon or Subpart J— Penalties, Seizures, and a violation of the Act or the National (3) A licensee shall not continue li­ Firearms Act. censed operations beyond 30 days follow­ Forfeitures ing the date the Commissioner issues § 178.161 False statement or represen­ (b) An application for such relief shall notification that the licensee’s applica­ tation. be addressed to the Commissioner and tion for removal of disabilities resulting shall include such supporting data as the from a conviction has been denied. Any person who knowingly makes any applicant deems appropriate. In the case (4) When as provided in this section false statement or representation with of a corporation, the supporting data a licensee may no longer continue respect to any information required by should include information as to the ab­ licensed operations, any application for the provisions of the Act or this part to sence of culpability in the offense of renewal of license filed by the licensee be kept in the records of a person en­ which the corporation was convicted, or during the term of his indictment or gaged in firearms or ammunition busi­ of any person having the power to direct the pendency of his application for ness, or in applying for any license, ex­ or control the management of the cor­ removal of disabilities resulting from emption, or relief from disability, under poration, if such be the fact. The. appli­ such conviction, shall be denied by the the provisions of the Act, shall be fined cation shall be filed, in triplicate, with Assistant Regional Commissioner. not more than $5,000 or imprisonment the Assistant Regional Commissioner for not more than 5 years, or both. the internal revenue region wherein the § 178.145 Research organizations. § 1 7 8 .1 6 2 Transportation or receipt to applicant resides, and, if applicable, The provisions of this part with wherein the applicant desires to con­ respect to the sale or delivery of de­ commit a crime. duct his business or activity. structive devices, machine guns, short- Any person who ships, transports, or (c) The Commissioner may grant re­ barreled shotguns, and short-barreled receives a firearm or any ammunition in lief to an applicant if it is established to rifles shall not apply to the sale or de­ interstate or foreign commerce with in­ the satisfaction of the Commissioner that livery of such devices and weapons to tent to commit therewith an offense the circumstances regarding the convic­ any research organization designated by punishable by imprisonment for a term tion, and the applicant’s record and rep­ the Director to receive same. A research exceeding 1 year, or with knowledge an organization desiring such designation reasonable cause to believe that an o - utation are such that the applicant will shall submit a letter application, in fense punishable by imprisonment i not be likely to act in a manner danger­ duplicate, to the Director. Such applica­ a term exceeding 1 year is to be com­ ous to public safety, and that the grant­ tion shall contain the name and address mitted therewith, shall be fined not more ing of the relief would not be contrary of the research organization, the names than $10,000, or imprisoned not mor to the public interest. and addresses of the persons directing than 10 years, or both.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 PROPOSED RULE MAKING 16301

§178.163 Commission of a F e d e r a l receive, possess, or transport in com ­ of the Administrative Procedure Act to crime. merce a firearm. determine whether and to what extent Any person who uses a firearm to com­ §178.166 Seizure and forfeiture. the motor common carriers of household mit any felony which may be prosecuted goods should be relieved from the rules Any firearm or ammunition involved in a court of the United States, or car­ and regulations specified above on ship­ in, or used or intended to be used in, any ries a firearm unlawfully during the com­ ments of machinery and its auxiliary and violation of the provisions of the Act or mission of any felony which may be component parts. of this part, or in violation of any other prosecuted in a court of the United It is further ordered, That all motor criminal law of the United States, shall States, shall be sentenced to a term of common _ carriers of household goods be subject to seizure and forfeiture, and imprisonment for not less than 1 year operating in interstate or foreign corry- all provisions of the Internal Revenue nor more than 10 years. In the case of merce and subject to the Interstate Com­ Code of 1954 relating to the seizure, for­ a person’s second or subsequent convic­ merce Act be, and they are hereby, made feiture, and disposition of firearms, as tion under this section, such person shall respondents in this proceeding. defined in section 5848(a) of that Code, be sentenced to a term of imprisonment It is further ordered, That all persons, shall, so far as applicable, extend to sei­ including the respondents, who wish for not less than 5 years nor more than zures and forfeitures under the provisions 25 years, and notwithstanding any other actively to participate in this proceeding of the Act. provision of law, the court shall not sus­ and to file and to receive copies of plead­ pend the sentence of such person or give Subpart K— Exportation ings shall make known that fact by him a probationary sentence. notifying the Commission in writing on § 178.171 Exportation. or before December 16, 1968. To con­ § 178.164 Receipt, etc., o f firearms by Firearms and ammunition shall be ex­ serve time and to avoid unnecessary certain persons. ported in accordance with the applicable expense, persons having common inter­ Any person who (a) has been con­ provisions of section 414 of the Mutual ests should endeavor to consolidate their victed of a felony, (b) has been dis­ Security Act of 1954 (22 U.S.C. 1934) and presentation to the greatest extent pos­ charged from the Armed Forces under regulations thereunder. However, li­ sible. Individual participation is not pre­ dishonorable conditions, (c) has been ad­ censed manufacturers, licensed import­ cluded; however, mere casual interest judged by a court of the United States ers, and licensed dealers exporting fire­ does not justify participation. The Com­ or of a State or any political subdivision arms and ammunition shall maintain mission desires participation only of thereof of being mentally incompetent, records showing the manufacture or ac­ those who intend to take an active part (d) having been a citizen of the United quisition of the firearms and ammunition in the proceeding. States has renounced his citizenship, or as required by this part and records It is further ordered, That: (a) as (e) being an alien is illegally or unlaw­ showing the name and address of the soon as practicable after December 16, fully in the United States, who receives, foreign consignee of the firearms and 1968, the Secretary will serve a list of possesses, or transports in commerce or ammunition and the date the firearms the names and addresses of all persons affecting commerce, any firearm shall be and ammunition were exported. upon whom service of all verified1 state­ fined not more than $10,000 or impris­ [F.R. Doc. 68-13482; Filed, Nov. 5, 1968; ments, replies, or other pleadings must oned for not more than 2 years, or 8:48 a.m.] be made; (b) within 30 days following both: Provided, however, That the provi­ the service of such list, any party may sions of this section shall not apply to file an Original and two copies of a veri­ any prisoner who by reason of duties con­ fied statement and exhibits thereto with nected with law enforcement has ex­ INTERSTATE COMMERCE the Commission and one copy upon each pressly been entrusted with a firearm party named in the service list; (c) by competent authority of the prison, or within 10 days thereafter any party may to any person who has been pardoned COMMISSION file a reply statement (original and two by the President of the United States or E 49 CFR Part 1056 1 copies) with the Commission and one the chief executive of a State and has [Ex Parte No. MC-19 (Sub-No. 5 )] copy upon each party named in the serv­ expressly been authorized by the Presi­ ice list; (d) within 10 days after the date dent or such chief executive as the case PRACTICES OF MOTOR COMMON for replies has expired any party may may be, to receive, possess, or transport CARRIERS OF HOUSEHOLD GOODS request a hearing for the purpose of in commerce a firearm. Determination of Weights cross-examining any witness submitting § 178.165^ Receipt, etc., o f firearms by a verified statement by notifying the certain employees. N o vem ber 1, 1968. Commission and all parties. Any individual who to his knowlei At a session of the Interstate Com­ And it is further ordered, That a Copy and while being employed by any peri merce Commission, Division 2, held at its of this order be served upon the House­ (a) has been convicted of a felo office in Washington, D.C., on the 21st hold Goods Carriers’ Bureau; the ~) ^as been discharged from the Am day of October 1968. Movers’ & Warehousemen’s Association forces under dishonorable conditio It appearing, that the Interstate Com­ of America, Inc.; the motor common car­ (c) has been adjudged by a court of i merce Commission has prescribed rules rier respondents; the Public Utility Com­ nited States or of a State or any poL and regulations, as set forth at 49 CFR mission, Board, or similar regulatory ai subdivision thereof of being merits 1056.3, for the determination of the body of each State having jurisdiction ^ having been a citL weights of shipments of household goods, over the transportation here involved; pwted States has renounced as defined at 49 CFR 1056.1(a) ; and that a copy be posted in the office of itizenship, or (e) being an alien is il And it further appearing, that by peti­ the Secretary of this Commission; and gaily or unlawfully in the United Sta1 tion filed on July 30, 1968, the Household that a copy be delivered to the Director, a who, m the course o f such empli Goods Carriers’ Bureau prays that the Division of Federal Register, for publi­ ’ receives, possesses, or transports Commission consider a new subpart to 49 cation in the F ederal R egister. mmerce or affecting commerce, s CFR 1056.3 partially relieving household By the Commission, Division 2. Sin nan ke fined not more tl goods carriers from the rules and regula­ $10,000 or imprisoned for not more tl tions pertaining to the determination of [ seal] H. N eil G arson, years, or both: Provided, however, Tl weights; that this request is supported by Secretary. nrf 1P? Visions this section shall i the Movers’ & Warehousemen’s Associa­ [F.R. Doc. 68-13417; Filed, Nov. 5, 1968; 8:46 a.m.] PP y to an employee employed by a p tion of America, Inc.; and good cause ap­ , ,™i° has been pardoned by the Prt pearing therefor: 1 In lieu of verification under oath, any px f. United States or the c l It is ordered, That a rule-making pro­ prepared statement may be made subject to the following declaration; “I solemnly de­ been °f a State and has expres ceeding be, and it is hereby, instituted clare that I have examined the foregoing authorized by the President or si under the authority of part II of the document and that the statements of fact er executive, as the case m ay be. Interstate Commerce Act and section 4 contained therein are true." (Signature).

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16302 N otices

not cause such economic hardship or way— such as by the removal or addition DEPARTMENT OF THE INTERIOR injury. of a commodity in which there is general H . E . C r o w t h e r , interest or by a significant change in Fish and Wildlife Service Director, price or method of sale— an announce­ Bureau of Commercial Fisheries. ment of the change will be sent to all CONSTRUCTION-DIFFERENTIAL [F.R. Doc. 68-13397; Filed, Nov. 5, 1968; persons currently receiving the list by SUBSIDIES 8:45 a.m.] mail from Washington. To be put on this mailing list, address : Director, Commod­ Applications ity Operations Division, Agricultural O ctober 30, 1968. Stabilization and Conservation Service, Applications which have been received Ü.S. Department of Agriculture, Wash­ DEPARTMENT OF AGRICULTURE ington, D.C. 20250. for fishing vessel construction-differen­ Interest rates per annum under the tial subsidies and have been approved, Commodity Credit Corporation CCC Export Credit Sales Program (An­ or hearings scheduled, will apparently SALES OF CERTAIN COMMODITIES nouncement G S M -3 or 4) for November use all of the funds available during 1968 are 6 percent for U.S. bank obliga­ fiscal year 1969. Studies are now being November Sales List tions and 7 percent for foreign bank obli­ completed which may cause the Secre­ Notice to buyers. Pursuant to the policy gations. Commodities now eligible for fi­ tary of the Interior to change the regula­ of Commodity Credit Corporation issued nancing under the CCC Export Credit tions governing consideration of applica­ October 12, 1954 (19 F.R. 6669), and sub­ Sales Program include oats, wheat, wheat tions for subsidies which will require ject to the conditions stated therein as flour, barley, bulgur, corn, commeal, funds appropriated for fiscal year 1970, well as herein, the commodities listed be­ grain sorghum, upland and extra long or thereafter. Consequently, no further low are available for sale and, where staple cotton, milled and brown rice, hearings will be scheduled on vessel con­ noted, for redemption of payment-in­ tobacco, cottonseed oil, soybean oil, dairy kind certificates on the price basis set products, tallow, lard, breeding cattle, struction-differential subsidy applica­ forth. and rye. Commodities purchased from tions until the new regulations have been The U.S. Department of Agriculture CCC may be financed- for export as adopted. announced the prices at which CCC com- private stocks under Announcement H . E. C r o w t h e r , modity holdings are available for sale be­ G SM -4. Director. ginning at 3 p.m., e.s.t., on October 31, Information on the CCC Export Credit [F.R. Doc. 68-13398; Filed, Nov. 5, 1968; 1968, and, subject to amendment con­ Sales Program and on commodities avail­ 8:45 a.m.] tinuing until superseded by the December able under Title I, Public Law 480, private Monthly Sales List. trade agreements, and current informa­ The following commodities are avail­ tion on interest rates and other phases [Docket No. S-441] able: Cotton (upland and extra long of these programs may be obtained from RICHARD W. AND HELEN R. BROWN staple), wheat, corn, oats, barley, flax­ the Office of the General Sales Manager, seed, rye, rice, grain sorghum, peanuts, Foreign Agricultural Service, U.S. De­ Notice of Loan Application tung oil, butter, cheese, and nonfat dry partment of Agriculture, Washington, milk. D.C. 20250. O ctober 30, 1968. Information on the availability of The following commodities are cur­ Richard W. Brown and Helen R. commodities stored in CCC bin sites may rently available for new and existing Brown, 875 Southwest Bay Boulevard, be obtained from Agricultural Stabiliza­ barter contracts: Oats, cotton (upland), Newport, Oreg. 97365, have applied for a tion and Conservation Service State and tobacco. Wheat and grain sorghum loan from the Fisheries Loan Fund to aid offices shown at the end of the sales list, are also available under conditions noted in the individual commodity list­ in financing the purchase of a used 71.1- and for commodities stored at other loca­ tions from ASCS commodity and grain ings. In addition, free market stocks of foot registered length wood vessel to offices also shown at the end of the list. corn, grain sorghum, barley, oats, wheat, engage in the fishery for shrimp, Dunge- Com, oats, barley, or grain sorghum, and wheat flour, under Announcement ness crab, albacore, halibut, hake, and as determined by CCC, will be sold for PS-1; tobacco under Announcement bottomfish. unrestricted use for “Dealers’ Certifi­ P S -3 ; cottonseed oil and soybean oil under Announcement PS-2; and upland Notice is hereby given pursuant to the cates” issued under the emergency live­ stock feed program. Grain delivered and extra long staple cotton under An­ provisions of Public Law 89-85 and against such certificates will be sold at nouncement P S -4 ; are eligible for pro Fisheries Loan Fund Procedures (50 CFR the applicable current market price, de­ graming in connection with barter con Part 250, as revised) that the above- termined by CCC. tracts covering procurement for Federal entitled applications is being considered In the following listing of commodities agencies that will reimburse CCC. (How­ by the Bureau of Commercial Fisheries, and sale prices or method of sales, “un­ ever, Hard Red Winter 13 percent pro* Fish and Wildlife Service, Department restricted use” applies to sales which tein or higher, Hard Red Spring 14 per­ of the Interior, Washington, D.C. 20240. permit either domestic or export use and cent protein or higher, Durum wheats “export” applies to sales which require and flour produced from these wheats Any person desiring to submit evidence export only. CCC reserves the right to may not be exported under barter that the contemplated operation of such determine the class, grade, quality, and vessel will cause economic hardship or available quantity of commodities listed through west coast ports.) Further in­ injury to efficient vessel operators already for sale. formation on private-stock commodit es operating in that fishery must submit The CCC Monthly Sales List, which may be obtained from the Office of Ba r such evidence in writing to the Director, varies from month to month as addi­ and Stockpiling, Foreign Agricultural tional commodities become available or Bureau of Commercial Fisheries, within Service, USDA, Washington, D.C. commodities formerly available are The CCC will entertain offers fro 30 days from the date of publication of dropped, is designed to aid in moving responsible buyers for the purchase this notice. If such evidence is received CCC’s inventories into domestic or ex­ it will be evaluated along with such other port use through regular commercial any commodity on the current s • evidence as may be available before mak­ channels. fers accepted by CCC will be subject the terms and conditions prescribed^ ing a determination that the contem­ If it becomes necessary during the plated operations of the vessel will or will month to amend this list in any material the Corporation. These terms

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16303

payment by cash or irrevocable letter of Prospective buyers for export should Branch Office with a Notice of Sale contain­ credit before delivery of the commodity note that generally, sales to U.S. Gov­ ing the same information (excluding the and the conditions require removal of ernment agencies, with only minor subsidy acceptance number) as required by exporters who wish to receive an export pay­ the com m od ity from CCC stocks within exceptions, will constitute domestic un­ ment under GB-345. The Notice of Sale must a reasonable period of time. Where sales restricted use of the commodity. be furnished to the Commodity Office within are for export, proof of exportation is Commodity Credit Corporation re­ 5 calendar days after the date of purchase. also required, and the buyer is respon­ serves the right, before making any (2) Sales will be made only to fill dollar sible for obtaining any required U.S. sales, to define or limit export areas. market sales abroad and exporter must show Government export permit or license. The Department of Commerce, Bureau export from the west coast to a destination Purchase from CCC shall not constitute of International Commerce, pursuant to west of the 170th meridian, west longitude, any assurance that any such permit or regulations under the Export Control and east of the 60th meridian, east longitude, and to countries on the west coast of Central license will be granted by the issuing Act of 1949, prohibits the exportation and South America. authority. or re-exportation by anyone of any com­ B. CCC will sell wheat for export under Applicable announcements containing modities under this program to Cuba, Announcement GB-261 (Bevision II, Jan. 9, all terms and conditions of sale will be thè Soviet Bloc, or Communist-con­ 1961, as amended and supplemented) sub­ furnished upon request. For easy refer­ trolled areas of the Far East including ject to the following: ence a number of these announcements Communist China, North Korea, and the (1) All classes will be sold subject to offers are identified by code number in follow­ Communist-controlled area of Viet Nam which include the price at which the buyer ing list. Interested persons are invited proposes to purchase the wheat. except under validated license issued by (2) All classes will be sold to fill dollar to communicate with the Agricultural the U.S. Department of Commerce, market sales abroad and exporter must show Stabilization and Conservation Service, Bureau of International Commerce. export from the west coast to a destination USDA, Washington, D.C. 20250, with For all exportations, one of the des­ within the geographical limitation shown in respect to all commodities or— for speci­ tination control statements specified in A (2) above. fied commodities— with the designated Commerce Department Regulations (3) All classes will be sold for application ASCS commodity office. (Comprehensive Export Schedule to barter contracts entered into pursuant to invitations for barter offers dated prior to Commodity Credit Corporation re­ § 379.10(c)) is required to be placed serves the right to amend from time to August 26, 1966. However, CCC-owned wheat on all copies of the shipper’s export will not be sold for barter at west coast ports. time, any of its announcements. Such declaration, all copies of the bill of C. Announcement GB-262 (Bevision II, amendments shall be applibable to and lading, and all copies of the commercial Jan. 9, 1961, as amended) for export as flour be made a part of the sale contracts invoices. For additional information as as follows: All classes Will be sold for appli­ thereafter entered into. to which destination control statement cation to barter contracts entered into pur­ CCC reserves the right to reject any to use, the exporter should communicate suant to invitations for barter offers dated or all offers placed with it for the pur­ with the Bureau of International Com­ prior to August 26, 1966. However, sales for chase of commodities pursuant to such barter will not be made at west coast ports. merce or one of the field offices of the D. CCC will not sell wheat under An­ announcements. Department of Commerce. nouncement GB-346 until further notice. CCC reserves the right to refuse to Exporter should consult the appli­ Available. Chicago, Kansas City, Minne­ consider an offer, if CCC does not have cable Commerce Department regulations apolis, and Portland ASCS offices. adequate information of financial re­ for more detailed information if desired , CORN, BULK sponsibility of the offerer to meet and for any changes that may be made Unrestricted use. contract obligations of the type con­ therein. A. Redemption of domestic payment-in­ templated in this announcement. If a S ales P rice or M eth o d o p S ale prospective offerer is in doubt as to kind certificates. Such CCC dispositions of whether CCC has adequate information WHEAT, BULK corn as CCC may designate will be in re­ demption of certificates or rights represented Unrestricted use. with respect to his financial responsibil­ by pooled certificates under a feed grain ity, he should either submit a financial A. Storable. All classes of wheat In CCC program. The price at which corn shall be statement to the office named in the invi­ inventory are available for sale at market valued for such dispositions shall be the tation prior to making an offer, or com­ price but not below 115 percent of the 1968 market price as determined by CCC, but not municate with such office to determine price-support loan rate for the class, grade, less than 115 percent of the applicable 1968 whether such a statement is desired in his and protein of the wheat plus the markup price-support loan rate 2 for the class, grade, case. When satisfactory financial re­ shown in C below applicable to the type of and quality of the corn plus the markup carrier involved. sponsibility has not been established, shown in C of this unrestricted use section. B. General sales. CCC reserves the right to consider an B. Nonstorable. At not less than market price, as determined by CCC. 1. Storable. Such CCC dispositions of stor­ offer only upon submission by offerer of able corn as CCC may designate as general a certified or cashier’s check, a bid bond, C. Markup and examples (dollars per sales Will be made during the monjfh at mar­ bushel in-store) .* or other security, acceptable to CCC, ket price, as determined by CCC, but not less assuring that if the offer is accepted, than the Agricultural Act of 1949 formula the offerer will comply with any pro­ Markup minimum price for such sales 'Which is 105 visions of the contract with respect to in-store percent of the applicable 1968 price-support received by— Payment for the commodity and the rate2 (published loan rate plus 19 cents Examples per bushel) for the class, grade, and quality urnishing of performance bond or other Truck Rail or of the corn, plus the markup shown in C security acceptable to CCC. barge of this unrestricted use section. Disposals and other handling of in- 2. Nonstorable. At not less than market price as determined by CCC. entory items often result in small $0.10 $0.07H Minneapolis—No. 1 DNS ($1.56) 115 quantities at given locations or in qual- percent +$0.07)*; $1.87)*. C. Markups and examples (dollars per Portland—No. 1 SW ($1.44) 116 per­ bushel in-store1 basis No. 2 yellow corn 14 raes not up to specifications. These lots cent +$0.07)*; $1.73)*. are offered by the appropriate ASCS Kansas City—No. 1 HRW ($1.44) 115 percent M.T. 2 percent F.Af.). percent +$0.07)*; $1.73)*. tw 6* Promptly upon appearance and Chicago—No. 1 RW ($1.46) 115 per­ vlr6, generally. they do not appear cent +$0.07^*; $1.75)*. in the Monthly Sales List. Markup in­ Examples m,^ ,sf^es t°r which the buyer is re- Export. store JSJJ to submit proof to CCC of expor- A. CCC will sell limited quantities of Hard en ■ the buyer shall be regularly Bed Winter and Hard Bed Spring wheat at J R 111 the business of buying or west coast ports at domestic market price $0.05)* Feed grain program domestic P IK levels for export under Announcement GB~ certificate minlmums: shall ^ ^ “piodities and for this purpose 345 (Bevision IV, Oct. 30, 1967, as amended) McLean County, 111. ($1.09+$0.02)*) 115 percent +$0.05)*; $1.34)*. in the a h°na fide business office as follows: Agricultural Act of 1949; stat. mini- Do

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16304 NOTICES

Available. Chicago, Kansas City, Minne­ BARLEY, BULK Act of 1949 formula price which is 115 per apolis, and Portland ASCS grain offices. Unrestricted use. cen t2 of the applicable 1968 price-support Export. Limited quantities of corn at East rate for the class, grade, and quality of the Coast and eastern gulf ports for cash at A. Storable. Market price, as determined by CCC, but not less than 115 percent of the grain plus the markup shown in B below the market price, as determined by CCC, for applicable to the type of carrier involved. export under Announcement GR-212 (Re­ applicable 1968 price-support rate2 for the class, grade, and quality of the barley plus B. Markups and examples (dollars per vision 2, Jan. 9, 1961). The statutory min­ bushel in-store1 No. 2 or better). imum price referred to in GR-212 is com­ the applicable markup. puted in accordance with B1 of the unre­ B. Markups and examples (dollars per stricted use section for corn. bushel in -store1 No. 2 or better). Markup Available. Kansas City ASCS Commodity in-store Office. received by— Examples—Agricultural Act of 1949: Markup in-store •s Stat. minimum GRAIN SORGHUM, BULK received by— Examples Truck Rail or Unrestricted use. barge A. Redemption of domestic payment-in­ Truck Rail or hind certificates. Such CCC dispositions of barge grain sorghum as CCC may designate will be $0.10 $0.05% Rollete County, N. Dak. ($0.89)-115 percent +$0.10; $1.13. in redemption of certificates or rights repre­ $0.10 $0.07% Cass County, N. Dak. ($0.86); 115 Minneapolis, Minn. ($1.23)- 115 Mr sented by pooled certificates under a feed percent +$0.10; $1.10. cent +$0.07%; $1.49%. grain program. The minimum price at which Minneapolis, Minn. ($1.10): grain sorghum shall be valued for such 115 percent +$0.07%: $1.34%. C. Nonstorable. At not less than market dispositions shall be fharket price, as de­ price as determined by CCC. termined by CCC, but not less than 115 C. Nonstorable. At not less than market Export. percent of the applicable 1968 price-support price as determined by CCC. loan rate2 for the class, grade, and quality Export. Sales are made at the higher of the do­ of the grain sorghum, plus the markup Sales are made at the higher of the. do­ mestic market price, as determined by CCC, shown in C of this unrestricted use section mestic market price, as. determined by CCC, or 115 percent of the applicable 1968 price- applicable to the type of carrier involved. or 115 percent of the applicable 1968 price- support loan rate plus carrying charges B. General sales. support loan rate plus carrying charges in in section B. The statutory minimum price 1. Storable. Such CCC dispositions of stor­ section B. The statutory minimum price re­ referred to in the price adjustment provi­ able grain sorghum as CCC may designate as ferred to in the price adjustment provisions sions of the following export sales announce­ general sales will be made during the month of the following export sales announcement ment is 105 percent of the applicable price- at market price, as determined by CCC, but is 105 percent of the applicable price-support support rate plus the markup referred to in not less than the Agricultural Act of 1949 rate plus the markup referred to in B of the B of the unrestricted use section for rye. formula minimum price for such sales which unrestricted use section for barley. Sales Sales will be made pursuant to the follow­ is 105 percent of the applicable 1968 price- will be made pursuant to the following ing announcement: support rate2 (published loan rate plus 34 announcement: A. Announcement GR-212 (Revision 2, cents per hundredweight) for the class, A. Announcement GR-212 (Revision 2,Jan. 9, 1961) for cash or other designated grade, and quality of the grain sorghum, plus Jan. 9, 1961) for cash or other designated sales. the markup shown in C of this unrestricted sales. Available. Chicago, Kansas City, Portland, use section applicable to the type of carrier Available. Chicago, Kansas City, Minne­ and Minneapolis ASCS grain offices. involved. apolis, and Portland grain offices. 2. Nonstorable. At not less than market RICE, ROUGH OATS, B U LK price as determined by CCC. Unrestricted use. C. Markups and examples (dollars per hun­ Unrestricted use. Market price but not less than 1968 loan dredweight in-store1 No. 2 or better). A. Storable. Market price, as determined by rate plus 5 percent plus 22 cents per hun­ CCC, but not less than 115 percent of the dredweight, basis in store. Markup in-store applicable 1968 price-support rates 2 for the Export. received by— class, grade, and quality of the oats plus the As milled or brown under Announcement Examples markup shown in B below. GR-369, Revision III, as amended, Rice Ex­ B. Markup and examples (dollars per Truck Rail or port Program. bushel in-store1 Basis No. 2 XH W O ). barge Available. Prices, quantities, and varieties of rough rice available from Kansas City $0.09% $0.5% Feed grain program domestic P IK ASCS Commodity Office. certificate minimums: Hale County, Tex. ($1.63) 115 per­ Markup in- Examples COTTON, UPLAND cent +$0.9%; $1.97%. store Kansas City, Mo. ($1.81) 115 per­ Unrestricted use. cent +$0.05%; $2.14%. A. Competitive offers under the terms, and Agricultural Act of 1949; stat. mini­ conditions of Announcement NO-C-32 (Sale mums: Hale County, Tex. ($1.63+$0.34); $0.010 Redwood County, Minn. ($0.60+$0.03 of Upland Cotton for Unrestricted^ Use). 105 percent +$0.09%; $2.16%. quality differential); 115 percent Under this announcement, upland cotton Kansas City, Mo. ‘ ($1.81+$0.34); +$0.10; $0.83. acquired under price-support programs will 105 percent +$0.05%; $2.31%. be sold at the highest price offered but in no C. Nonstorable. At not less than the marketevent at less than the high er of (a) 110 Per" price as determined by CCC. cent of the 1968 loan rate for such cotton, Export. Export. Sales are made at the higher of the or (b) the market price for such cotton, as Sales are made at the higher of the do­ domestic market price, as determined by determined by CCC. mestic market price, as determined by CCC, CCC, or 115 percent of the applicable 1968 B. Competitive offers under the terms and or 115 percent of the applicable 1968 price- price-support loan rate plus carrying charges conditions of Announcement N O-C-31 (Dis­ support loan rate plus carrying charges in section B. The statutory minimum price position of Upland Cotton— In Redemption in section C. The statutory minimum price referred to in the price adjustment provi­ of Payment-In-Kind Certificates or Rights m referred to in the price adjustment provisions sions of the following export sales announce­ Certificate Pools, In Redemption of Expor* of the following export sales announcements ments is 105 percent of the applicable price- Commodity Certificates, A gainst the Sho is 105 percent of the applicable price-support support rate plus the markup referred to in B fall,” and Under Barter Transactions). » rate plus the markup referred to in C of the of the unrestricted use section for oats. Sales amended. Cotton may be acquired at its cur­ unrestricted use section for grain sorghum. will be made pursuant to the following rent market price, as determined by CCo. _ Sales will be made pursuant to the following announcement: not less than a minimum price determine announcement : A. Announcement GR-212 (Revision 2, by CCC, which will in no event be less than A. Announcement GR-212 (Revision 2, Jan. 9, 1961), for application to barter con­ Jan. 9, 1961) for application to barter con­ 120 points (1.2 cents) per pound above e tracts entered into pursuant to invitations tracts and for cash or other designated sales. 1968 loan rate for such cotton. for barter offers dated prior to August 26, Available. Kansas City, Chicago, Minne­ Export. _ 1966, and for cash or other designated sales. apolis, and Portland ASCS grain offices. CCC disposals for barter. Competitive o Available. Kansas City, Chicago, Minne­ RYE, B U LK under the terms and conditions of Announce apolis, and Portland ASCS grain offices. Unrestricted use. ments CN-EX-28 (Acquisition of Upland ton for Export Under the Barter Program . A. Storable. Market price, as determined See footnotes at end of document. by CCC, but not less than the Agricultural apd NO-C-31 (described above), as amen

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16305

USDA A griculture Stabilization and Co n ­ COTTON, EXTRA LONG STAPLE April 6, 1967, as amended, and the applica­ ble Invitation to Bid. servation Service Offices Unrestricted use. Bids will include, and be evaluated on the GRAIN OFFICES Competitive offers under the terms and basis of, price offered per pound f.o.b. storage conditions of Announcements NO-C-6. (Re­ location. For certain destinations, CCC will Kansas City ASCS Commodity Office, 8930 vised July 22, 1960), as amended, and N O -C - as provided in the Announcement, as Ward Parkway (Post Office Box 205), 10 as amended. Under these announcements amended, refund to the buyer a “freight Kansas City, Mo. 64141. Telephone: extra long staple cotton (domestically grown) equalization” allowance. Area Code 816, Emerson 1-0860. Alabama, Alaska, Arizona, Arkansas, Colo­ will be sold at the highest price offered but In Copies of the Announcement or the Invi­ rado, Florida, Georgia, Hawaii, Kansas, no event at less than the higher of (a) 115 tation may be obtained from the Cooperative Louisiana, Mississippi, Missouri, Ne­ percent of the current support price for such or Producer Associations Division, ASCS, braska, Nevada, New Mexico, North Caro­ cotton plus reasonable carrying charges, or Telephone Washington, D.C., area code 202, lina, Oklahoma, South . Carolina, Ten­ (b) the domestic market price as determined DU 8-3901. nessee, Texas, and Wyoming (domestic by CCC. FLAXSEED, BULK Barter. Extra long staple cotton will also and export). California (domestic only). be available under terms and conditions to be Unrestricted use. Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Mas­ issued in the near future. A. Storable. Market price, as determined by CCC, but not less than 105 percent of the sachusetts, Michigan, New Hampshire, COTTON, UPLAND OR EXTRA LONG STAPLE applicable 1968 price-support rate2 for the New Jersey, New York, Ohio, Pennsyl­ vania, Rhode Island, Virginia, Vermont, Unrestricted use. grade and quality of the flaxseed plus the ap­ plicable markup. and West Virginia (export only). Competitive offers under the terms and B. Markups and example (dollars per Branch Office— Chicago ASCS Branch Office, conditions of Announcement NO -C-20 (Sale bushel in-store No. 1, 9.1-9.5 percent mois­ 226 West Jackson Boulevard, Chicago, of Special Condition Cotton). Any such cot­ ture) . 111. 60606. Telephone: Area Code 312, ton (Below Grade, Sample Loose, Damaged 353-6581. Pickings, etc.) owned by CCC will be offered Connecticut, Delaware, Illinois, Indiana, for sale periodically on the basis of samples Markup per Iowa, Kentucky, Maine, Maryland, Mas­ representing the cotton according to sched­ bushel re­ sachusetts, Michigan, New Hampshire, ceived by— Example of minimum prices— ules issued from time to time by CCC. terminal and price New Jersey, New York, Ohio, Pennsyl­ Availability information. vania, Rhode Island, Virginia, Vermont, Sale of cotton will be made by the New Truck Rail or and West Virginia (domestic only). barge Orleans ASCS Commodity Office. Sales an­ Branch Office— Minneapolis ASCS Branch nouncements, related forms and catalogs for Office, 310 Grain Exchange Building, upland cotton and extra long staple cotton $0.09 $0.04% Minneapolis, Minn. ($3.16) 105 per­ Minneapolis, Minn. 55415. Telephone: showing quantities, qualities, and location cent + $0.0454; $3.36%. Area Code 612, 334-2051. may be obtained for a nominal fee from that Minnesota, Montana, North Dakota, South office. Dakota, and Wisconsin (domestic and C. Nonstorable. At not less than domestic export). market price as determined by CCC. PEANUTS, SHELLED OR FARMERS STOCK Branch Office— Portland ASCS Branch Office, Available. Through the Minneapolis ASCS 1218 Southwest Washington Street, Restricted use sales. Branch Office. Portland, Oreg. 97205. Telephone: Area When stocks are available in their area of D airy Products Code 503, 226-3361. responsibility, the quantity, type, and grade Salés are in carlots only in-store at stor­ Idaho, Oregon, Utah, and Washington offered are announced in weekly lot lists age location of products. (domestic and export sales), California or invitations to bid issued by the following : Submission o ; offers. (export sales only). GFA Peanut Association, Camilla, Ga. Submit offers to the Minneapolis ASCS PROCESSED COMMODITIES OFFICE (ALL STATES) Commodity Office. Peanut Growers Cooperative Marketing As­ Minneapolis ASCS Commodity Office, 6400 sociation, Franklin, Va. NONFAT DRY MILK France Avenue South, Minneapolis, Minn. Southwestern Peanut Growers’ Associa­ 55435. Téléphoné: Area Code 612, 334-3200v tion, Gorman, Tex. Unrestricted use. Terms and conditions of sale are set forth Announced prices, under M P-14: Spray COTTON OFFICE (ALL STATES) in Announcement PR- 1 of July 1, 1966, as process, U.S. Extra Grade, 25.40 cents per New Orleans ASCS Commodity Office, Wirth amended, and the applicable lot list. pound packed in 100-pound bags and 25.65 Building, 120 Marais Street, New Orleans, cents per pound packed in 50-pound bags. 1. Shelled peanuts of less than U.S. No. 1 La. 70112. Telephone: Area Code 504, grade may be purchased for foreign or do­ Export. 527-7766. mestic crushing. Announced prices, under MP-23, pursuant GENERAL SALES MANAGER OFFICES 2. Farmers stock: Segregation 1 may be to invitations issued by Minneapolis ASCS purchased and milled to produce U.S. No. 1 Commodity Office. Invitations will indicate Representative of General Sales Manager, or better grade shelled peanuts which may the type of export sales authorized, the an­ New York Area: Joseph Reidinger, Federal be exported. The balance of the kernels in­ nounced price and the period of time such Building, Room 1759, 26 Federal Plaza, cluding any graded peanuts not exported price will be in. effect. New York, N.Y. 10007. Telephone: Area must be crushed domestically. Segregation 2 Code 212, 264-8439, 8440, 8441. BUTTER Representative of General Sales Manager, and 3 peanuts may be purchased for domestic crushing only. Unrestricted use. West Coast Area: Callan B. Duffy, Ap­ praisers’ Building, Room 802, 630 San- ®ales are made on the basis of competitive Announced prices, under M P-14: 74 cents per pound— New York, Pennsylvania, New some Street, San Francisco, Calif. 94111. bids each Wednesday by thé Producer Asso­ Telephone: Area Code 415, 556-6185. ciations Division, Agricultural Stabilization Jersey, New England, and other States bor­ and Conservation Service, Washington, D.C. dering th e 1 Atlantic Ocean and Gulf of ASCS State Offices 20250, to which all bids must be sent. Mexico. 73.25 cents per pound— Washington, Illinois, Room 232, U.S. Post Office and Court­ Oregon, and California. All other States 73 house, Springfield, 111. 62701. Telephone: TUNG OIL cents per pound. Area Code 217, 525-4180. Unrestricted use. Indiana, Room 110, 311 West Washington CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Street, Indianapolis, Ind. 46204. Telephone : , . Sa1®® are made periodically on a compet! ve bid basis. Bids are submitted to tt Unrestricted use. Area Code 317, 633-8521. Association Division, Agricultur! Announced prices, under M P-14: 52.750 Iowa, Room 937, Federal Building, 210 Wal­ stabilization and Conservation Servie cents per pound— New York, Pennsylvania, nut Street, Des Moines, Iowa 50309. Tele­ phone: Area Code 515, 284-4213. Washington, D.C. 2 0 2 5 0 . New England, New Jersey, and other States Kansas, 2601 Anderson Avenue, Manhattan, The quantity offered and the date bids ai bordering the Atlantic Ocean and Pacific Kans. 66502. Telephone: Area Code 913, 0 e received are announced to the trati Ocean and the Gulf of Mexico. All other JE 9-3531. n notices of Invitations to Bid, issued by tb States 51.750 cents per pound. Michigan, 1405 South Harrison Road, East Lansing, Mich. 48823. Telephone: Area national Tung Oil Marketing Cooperativ FOOTNOTES Ulc-' Poplarville, Miss. 39470. Code 517, 372-1910. 1 The formula price delivery basis for bin- Missouri, I.O.O.F. Building, 10th and W al­ J " - &n<* conditions of sale are as s< site sales will be f.o.b. nut Streets, Columbia, Mo. 65201. Tele­ ù in Announcement NTOM-PR-4 < 2 Round product up ta the nearest cent. phone: Area Code 314,442-3111.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16306 NOTICES

Minnesota, Room 230, Federal Building and al and technical controls that the trade data, views, or arguments received by TJ.S. Courthouse, 316 Robert Street, St. organization exercises over the inspec­ Paul, Minn. 55101. Telephone: Area Code the Hearing Clerk and to other informa­ 612,228-7651. tion activities, and the operating proce­ tion available to the U.S. Department of Montana, Post Office Box 670, U.S.P.O. and dure for exercising the controls; e.g., Agriculture before final determination Federal Office Building, Bozeman, Mont. managed by a grain committee that em­ is made with respect to the requests. 59715. Telephone: Area Code 406, 587-4511, ploys and directs the inspection (Sec. 8, 39 Stat. 485; 7 U.S.C. 84) Ext. 3271. - personnel.) Nebraska. Post Office Box 793, 5801 O Street, 2. Whether it is now providing grain Done in Washington, D.C., this 31st dav Lincoln, Nebr. 68501. Telephone: Area Code inspection services at established inspec­ of October 1968. 402, 475-3361. tion points and, if so, where. G. R. G range, North Dakota, Post Office Box 2017, 15 South 3. Whether it can provide Statewide Deputy Administrator, 21st Street, Fargo, N. Dak. 58103. Tele­ phone: Area Code 701, 237-5205. grain inspection services at places where Marketing Services. Ohio, Room 202, Old Federal Building, Co­ such services are desired and needed by [F.R. Doc. 68-13408; Filed, Nov. 5, 1968' lumbus, Ohio 43215. Telephone: Area Code the trade, but are not now available. 8:45 a.m.] 614, 469-5644. 4. The number of licensed inspectors South Dakota, Post Office Box 843, 239 Wis­ who would post their licenses at such consin Street SW., Huron, S. Dak. 57350. point, and the names of the inspectors, Telephone: Area Code 605, 352-8651, Ext. if known. DEPARTMENT OF HEALTH, EDU­ 321 or 310. 5. The inspection equipment and facil­ Wisconsin, Post Office Box 4248, 4601 Ham- ities that would be used at such point. mersley Road, Madison, Wis. 53711. Tele­ CATION, AND WELFARE phone: Area Code 608, 254-4441, Ext. 7535. 6. Additional laboratory services, if any, such as protein testing, which would Office of Education (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. be provided at such point. 714b. Interpret or apply sec. 407, 63 Stat. 7. The schedule of inspection fees and GRANTS FOR LIBRARY FELLOWSHIPS 1066; sec. 105, 63 Stat. 1051, as amended by 76 Stat. 612: secs. 303, 306, 307, 76 Stat. 614-617; charges that are proposed at such point, Notice of Establishment of Closing 7 UJ3.C. 1441 (n ote)) and a statement as to whether it may be necessary for the trade to agree to a min­ Date for Receipt of Applications for Signed at Washington, D.C., on imum annual volume of business. Grants October 31,1968. 8. Whether the fees and charges Title n - B of the Higher Education H. D. G odfrey, would be reasonable and in accordance Act of 1965, as amended, authorizes a Executive Vice President, with the cost of the service rendered. program to substantially further the ob­ Commodity Credit Corporation. 9. Whether it would be willing to keep jectives of increasing the opportunities separate and complete accounts of all [F.R. Doc. 68-18407; Filed, Nov. 5, 1968; throughout the Nation for training in 8:45 a.m.] receipts for inspection service and all dis­ librarianship, including fellowships for bursements from such receipts for pur­ persons enrolled in graduate programs pose of audit by this Department. of library and information science Consumer and Marketing Service 10. Whether it would be willing to re­ education. tain file samples of inspected grain for Section 223 of the Act authorizes the GRAIN STANDARDS a minimum period of time as prescribed U.S. Commissioner of Education to make Grain Inspection Points in Louisiana by the Department. grants to institutions of higher education 11. The regular hours of business when (as defined in section 801 of the Act, as On December 12,1967, there was pub­ service would be available and whether amended) to assist them in training per­ lished in the F ederal R egister (32 F.R. it would be provided “ 24 hours per day”, sons in librarianship, including the 17677) a notice authorizing the Louisiana if requested by the trade. establishment and maintenance of fel­ Department of Agriculture to station 12. The expected annual volume of lowships with stipends (including allow­ licensed grain inspectors to inspect and bargelot, cargolot, carlot, trucklot, and ances for traveling, subsistence, and grade grain under the U.S. Grain Stand­ other inspections that would be handled other expenses) for fellows undergoing ards Act (7 U.S.C. 71 et seq.) at Myrtle at such point. training and their dependents not in Grove, Plaquemines Parish, La. 13. The names and addresses of the excess of such maximum amounts as Licensed grain inspectors employed by firms located at or near the proposed may be prescribed by the Commissioner. the Louisiana Department of Agriculture point which are believed to desire inspec­ The Commissioner has determined have been performing grain inspection tion of grain from or to the proposed that it is necessary for the efficient ad­ service at Myrtle Grove since December inspection point. ministration of the program to estab­ 12, 1967. The Louisiana Department of Members of the grain trade who wish lish a “cutoff date” for the receipt of Agriculture advised that, effective to submit views and comments are re­ applications from institutions of higher December 1, 1968, it will ho longer be quested to include the following infor­ education for such grants for libraiy able to provide grain inspection service m ation: fellowships during the 1969-70 academic at Myrtle Grove. 1. The name of the inspection agency, year. A request has been received from Sid­ if any, which they recommend for ap­ Accordingly, notice is hereby given ney W . Provensal, Jr., New Orleans, La., proval at Myrtle Grove. that the date of December 1, 1968, is asking that he be authorized to operate 2. The expected annual volume of car- established as the closing date upon an official inspection agency at Myrtle lot, trucklot, and other inspections which which applications may be filed wit Grove, La. The request from Mr. Proven- they would request at Myrtle Grove. and received by the U.S. Commissione sal does not preclude other interested in­ Opportunity is hereby afforded inter­ of Education for grants for library ie - dividuals or organizations from submit­ lowships during the 1969-70 academi ting similar requests. ested parties to submit written data, views, or arguments with respect to the year. . . M * Any inspection agency wishing to be request to the Hearing Clerk, U.S. De­ Application forms and instructi approved as the official inspection agency partment of Agriculture, Washington, m ay be obtained from the Division at Myrtle Grove is given opportunity to D.C. 20250. All written submissions should Library Services and Educational submit a request which should include be in duplicate and should be mailed cilities, Bureau of Adult, Vocational, the following information: to the Hearing Clerk not later than 20 Library Programs, U.S. Office of Edu 1. Whether it is a government, trade,days after this notice is published in tion, Washington, D.C. 20202. or private organization, or is sponsored the F ederal R egister. All submissions Dated: October 31,1968. by a government, trade, or private or­ made pursuant to this notice will be ganization. (If a trade organization or made available for public inspection at H arold' H owe IT> sponsored by a trade organization, the the office of the Hearing Clerk during U.S. Commissioner of Education. nature and function of the organization, regular business hours (7 CFR 1.27(b) ). [F.R. Doc. 68-13428; Filed. Nov- 5> 1968' a list of the member firms, the manageri­ Consideration will be given to the written 8:47 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16307

Food and Drug Administration The holders of the new-drug appli­ 121.2547) be amended to provide for the cations for these drugs have been mailed safe use on beverage containers, includ­ DRUGS FOR HUMAN USE— DRUG EF­ a copy of the NAS-NRC report. Any in­ ing milk containers or equipment, of a FICACY STUDY IMPLEMENTATION terested person may obtain a copy of sanitizing solution consisting of: the NAS-NRC report on these products 1. Elemental iodine; Certain Sulfanilamide and Sulfatiii- by writing to the Food and Drug Admin­ 2. Butoxy monoether of mixed (ethyl­ azole Preparations for Topical Use istration, Press Relations Office (CE- ene-propylene) polyalkylene glycol hav­ The Pood and Drug Administration 300), 200 C Street SW., Washington, ing a minimum average molecular weight has evaluated reports received from the D .C .20204. of 2,400; National Academy of Sciences— Na­ This notice is issued pursuant to the 3. a-Lauroyl-omega-hydroxypoly(oxy- tional Research Council, Drug Efficacy authority vested in the Secretary of ethylene) with an average 8-9 moles of Study Group, on the following prepara­ Health, Education, and Welfare by the ethylene oxide and an average molecular Federal Food, Drug, and Cosmetic Act tions: weight of 400; and 1. Actilamide (reaction product of (secs. 502, 505, 52 Stat. 1050-53, as 4. Components generally recognized as sulfanilamide 0.4 percent and chlora­ amended; 21 U.S.C. 352, 355) and dele­ safe; mine T 0.13 percent) oral gargle or gated to the Commissioner (21 CFR such that rinse water treated with this throat spray; Broemmel Pharmaceuti­ 2.120). sanitizing solution can be reused or re­ cals, 1235 Sutter Street, San Francisco, Dated: October 29,1968. „ circulated as semifresh rinse water. Calif. 94109 (NDA 7-877). 2. Actilamide (reaction product of sul­ H erbert L. L e y , Jr., Dated: October 29,1968. fanilamide 0.4 percent and chloramine Commissioner of Food and Drugs. J. K . K ir k , T 0.13 percent) nose drops; Broemmel [F.R. Doc. 68-13435; Filed, Nov. 5, 1968; Associate Commissioner Pharmaceuticals, same address (NDA 8:48 a.m.] for Compliance. 7-877). - 3. Sulfathiazole gum (0.25 gram per [F.R. Doc. 68-13437; Filed, Nov. 5, 1968; tablet) ; White Laboratories, Inc., Kenil­ CANNED DICED PEACHES DEVIAT­ 8:48 a.m.] worth, N.J. 07033 (NDA 5-333) . ING FROM IDENTITY STANDARD 4. Sulfel (sulfathiazole 2 grains and UPJOHN CO. calcium carbonate 1 grain per tablet) ; Extension of Temporary Permit for The Vale Chemical Co., Inc., 1201 Liberty Market Testing Notice of Filing of Petition for Food Street, Allentown, Pa. 18102 (NDA 5 - Pursuant to § 10.5 (21 CFR 10.5) con­ Additive Melengestrol Acetate 625). cerning temporary permits to facilitate Pursuant to the provisions of the Fed­ 5. Curad medicated adhesive bandages market testing of foods deviating from eral Food, Drug, and Cosmetic Act (sec. (sulfathiazole 10 percent of fabric com­ the requirements of standards of identity 409(b)(5), 72 Stat. 1786; 21 U.S.C. press by weight) ; The Kendall Co., 309 promulgated pursuant to section 401 of 348(b) (5) ), notice is given that a petition West Jackson Boulevard, Chicago, 111. the Federal Food, Drug, and Cosmetic has been filed by the Upjohn Co., Kala­ 60606 (NDA 4-964). . Act (21 U.S.C. 341), notice is given that mazoo, Mich. 49001, proposing that of The Academy evaluated the topical the temporary permit held by Hunt- § 121.308 Melengestrol acetate (21 CFR use of sulfonamides as ineffective in the Wesson Foods, 1645 West Valencia Drive, 121.308) be amended to provide for the management of wound infections and Fullerton, Calif. 92634, to cover interstate infections of the skin and mucous m em ­ safe use of melengestrol acetate for syn­ marketing tests of canned diced peaches chronization of the estrus (heat) cycles branes. The Food and Drug Administra­ with added erythorbic acid, an ingredient tion concurs in that evaluation. Accord­ or normally cycling beef cows and of not provided for by the standard of sexually mature beef and dairy heifers. ingly, the Commissioner of Food and identity for canned peaches (21 CFR Drugs intends to initiate proceedings to 27.2), is extended to June 30, 1969. (No­ Dated: October 29,1968. withdraw approval of the new-drug ap­ tice of issuance of the permit was pub­ plications for the preparations listed J. K . K ir k , lished in the F ederal R egister of Sep­ above as well as for any other applica­ Associate Commissioner tember 26, 1967 (32 F.R. 13466), and tions which became effective for sulfona­ for Compliance. modified November 3, 1967 (32 F.R. mides for topical use. 15402).) [F.R. Doc. 68-13438; Filed, Nov. 5, 1968; 8:48 a.m.] Prior to initiating such action, how­ The subject food contains erythorbic ever, the Commissioner invites the hold­ acid in a quantity not to exceed 0.07 per­ ers of the new-drug applications for these cent by weight thereof. Labels on the food drugs and any interested person who may name the added ingredient by the state­ be adversely affected by removal of these ment “Erythorbic acid added to preserve DEPARTMENT OF drugs from the market to submit any color.” Pefment data bearing on the proposal TRANSPORTATION W kv days following the date of Dated: October 29,1968. publication of this notice in the F ed­ Coast Guard J. K . K ir k , eral R egister. Any, data should be ad- Associate Commissioner [CGFR 68-112] ressed to the Special Assistant for for Compliance. iiwrT? 1 Efficacy Study Implementation DESIGNATION OF PEMBINA, N. DAK., uvuj- 16) , Bureau of Medicine, Food and [F.R. Doc. 68-13436; Filed, Nov. 5, 1968; AS PORT OF DOCUMENTATION urug Administration, 200 C Street SW ., 8:48 a.m.] Washington, D.C. 20204. Proposed Revocation This announcement of the prop DIVERSEY CORP. 1. The Commandant, U.S. Coast action and implementation of the N Guard, is considering a proposal to revoke „ rePorts for these drugs is mad Notice of Filing of Petition for Food the designation of Pembina, N. Dak., as verLKff S who might be Additives a port of documentation and to conduct ^ a ffe c te d by withdrawal of t! at and from the office of the Officer in Pursuant to the provisions of the Fed­ of an f market. Promulga Charge, Marine Inspection, U.S. Coast np, ,order withdrawing approval of eral Food, Drug, and Cosmetic Act (sec. Guard, Federal Building, Canal Park S -!? Ug applications will cause 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 (D uluth), Minn. 55802, and the office of (b)(5)), notice is given that a petition or ?n market recommer the Documentation Officer, U.S. Coast ,for such uses to be a (FAP 9H2349) has been filed by the Guard, Federal Office Building, Minne­ W^ich an appr°ved new-< Diversey Corporation, 212 West Monroe apolis, Minn. 55401, such documentation application is not in effect and will n Street, Chicago, HI. 60606, proposing that activities as have been performed at subject to regulatory action. § 121.2547 Sanitizing solutions (21 CFR Pembina.

No. 217------6 FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16308 NOTICES

2. Accordingly, notice is given that, Dated: October 30,1968. surplus real property at the Nichols under the authority contained in 14 P. E. T rim ble, Army Support Facility, Louisville, Ky UJSLC/633, section 2 of Act of July 5, Vice Admiral, U.S. Coast Guard, 2. Effective date. The delegation of au­ 1884, as amended (46 U.S.C. 2), section 1 Acting Commandant. thority is effective immediately. of Act of February 16, 1925, as amended [F.R. Doc. 68-13400; Piled, Nov. 5, 1968; 3. Background, a. On August 30,1967 (46 U.S.C. 18), and subsection 6(b) of 8:45 a.m.] the President established a Special Task Department of Transportation Act (49 Force composed of the Secretary of De­ U.S.C. 1655(b)) and the delegation of fense, the Secretary of Housing and Ur­ authority of the Secretary of Transpor­ ban Development, the Attorney General, tation in 49 CFR 1.4(a) (2), it is proposed FEDERAL POWER COMMISSION and the Administrator of General Serv­ to: ices, to survey surplus and potentially [Docket No. RP69-10]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16309

the expense of care, handling, protection, Among other things, the agreements duction from the applicable fare.5 This and maintenance of the property after would extend to worldwide application, program provided for a quota of trips to the period of time prescribed in FPMR except within the Western Hemisphere, be calculated on the basis of one per 101-47.402- 2. ; an existing resolution which now applies qualified employee, but limited the num­ d. The Department of Housing andin many parts of the world * and which ber of trips which any one carrier could Urban Development shall submit to the permits LATA carrier members to provide honor bo not more than two such trips Commissioner, Property Management free or reduced-rate transportation for per location per calendar year. In May and Disposal Service; G SA, a record of group educational trips by LATA passen­ 1967, the Board approved an amendment each separate disposition of property ac­ ger sales agents. More specifically, and to this agreement which doubled the complished under this delegation in a insofar as air transportation as defined quota per employee.6 The agreement now format to be specified by the Commis­ by the Act is concerned, the facility would before the Board would substantially in­ sioner, Property Management and Dis­ be extended to travel via the Atlantic and crease this quota, since one ticket per posal Service. Pacific, and a current restriction against year per approved location could be stopovers within the Western Hemi­ issued by each LATA carrier and would Dated: October 28,1968. sphere would be removed for tours in- not be deducted from the location’s Law son B. K n o t t , Jr., v o lv in g transatlantic or transpacific allotment.7 Administrator of General Services. travel between Europe/Africa/Middle A program designed to enhance the [F.R. Doc. 68-13270; Piled, Oct. 31, 1968? East and the Far East. professional ability of agents to generate, 8:46 a.m.J Basically, the agreements permit the promote, and sell international air pas­ carriers to arrange and provide free senger transportation is laudable. How­ transportation for the instruction, fa­ ever, no representations or data have miliarization and education of agents; to been submitted on which to base a con­ CIVIL AERONAUTICS BOARD absorb agents’ expenses for a maximum clusion that the existing reduced-rate of 8 days for minimum-size groups of six facility is insufficient to serve these pur­ [Docket No. 17828; Order 68-10-184] passenger agents; and to provide one or poses. Moreover, there are no provisions INTERNATIONAL AIR TRANSPORT more employees as guides, escorts, or in­ built into the agreements to assure that ASSOCIATION structors. The agreements would require the added fare concessions would be used that the trips be deducted from allot­ for the intended purposes, i.e„ instruc­ Order Regarding Free and Reduced ments now granted to agents for travel tion, education, and familiarization. Transportation for Passenger Sales at a 7 5-percent discount from the appli­ Under these circumstances, we pro­ Agents cable fare, provided, however, that one pose to disapprove the agreements inso­ ticket per carrier for each approved Adopted by the Civil Aeronautics far as they would be applicable in air agency location would not be deducted. Board at its office in Washington, D.C., transportation. We will, however, allow Early in 1966, the Board instituted pro­ on the 31st day of October 1968. a 30-day period for comments from in­ ceedings to reevaluate its overall policy Agreements adopted by the Traffic terested parties before taking final ac­ and practices in the industry relative to Conferences of the International Air tion. This proposed action should not be the granting of reduced-rate transporta­ Transport Association relating to free construed as an objection to free or re­ and reduced transportation for passenger tion both domestically and interna­ duced-rate transportation over and sales agents, Docket 17828, Agreement tionally for LATA passenger sales agents.1 above that available under LATA agree­ CAB 20525, R-2,1 Agreement CAB 20576 Among other things, the Board indicated ments for specific programs which are in its belief that an acceptable program R-2 through R -6.8 the overall public interest. should effectively relate the grant of We are also approving herein certain Agreements have been filed with the such reduced-rate transportation to other resolutions which are embraced in Board pursuant to section 412(a) of the educational and familiarizational trips the agreements and which would amend Federal Aviation Act of 1958 (the Act) designed to increase agents’ sales ability existing resolutions relating to reduced- and Part 261 of the Board’s economic and to prevent abuses. In September rate transportation for agents. In general regulations, between various air carriers, 1966, the Board approved an IATA-car- these are nonsubstantive amendments rier agreement which re-established an foreign air carriers, and other carriers, designed to clarify the carriers’ intent. industry program permitting passenger For example, one such amendment clari­ embodied in the resolutions of the T raf­ sales agents to travel at a 75-percent re- fic Conferences of the International Air fies that travel under a reduced-fare ticket by agents located outside the Transport Association (IA T A ), and re­ ®The current resolution applies to agents United States must be completed within sulting from the first IATA Passenger located within the Europe/Africa/Middle 3 months. East area and within an area comprised of Agency Committee meeting, held at M on­ Accordingly, in view of the foregoing treal in July 1968. The agreements are Australia/and certain South Pacific islands for travel other than to points within the conclusions and acting pursuant to sec­ intended to become effective November 1, Western Hemisphere. tions 102, 204(a), and 412 of the Act, 1968. * Order E-23186, Feb, 2 , 1966L It is ordered, That: 1. Action on Agreements CAB 20525, 1 See the following table: R -2, and CAB 20576, R-5, insofar as they apply in air transportation as defined by Agreement Title CAB 20525 IA T A No. Application the Act, be and hereby is deferred with a view of eventual disapproval; R-2. 2. Agreements CAB 20525, R-2, and - Group Educational Trips for Passenger Agents___ (Mail 153)203b . . . . 3/1. (Mail 555)203b...... 1/2/3. CAB 20576, R-5, except insofar as they (Mail 205)203b____ . . . . 2/3. apply in air transportation as defined by

See the following table: the Act, be and hereby are approved; and

Agreement e Order E-24183, dated Sept. 14, 1966. CAB 20578 Title IATA No. Application 6 Order E-25201, dated May 26,1967. 7 As an example, the average travel agency R-2 _ location in the United States maintains four R-3 ~ e(J E8?68 f°r Passenger Agents (Except USA). (1 PAC 1)203.. ..___Worldwide. K-4 ...... ' ]^e'™ced Pares for Passenger Agents (Except USA). (1 PAC 2)203...... ___Worldwide. full-tim e employees. Thus, the agency is R-5 - Kecrueed Fares for Passenger Agents (Except USA)_ (1 PAC 3)203____• .___Worldwide. currently entitled to eight discounted trips - Group Educational Trips for Passenger A gen ts... O PAC I)203b__ .. .. 1 /2 ; r/2/3; 273; 2; per year. The increment in travel provided by R-6 3. the agreement could amount to about 20 - Free or Reduced Fare Transportation, for IA T A (1 PAC 1)205.. . Worldwide. General Agents. * additional trips via the North Atlantic car­ riers alone.

FEDERAL REGISTER* VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16310 NOTICES

3. Agreement CAB 20576, R-2, R-3,to include the following findings and con­ R -4, and R^-6, be and hereby is approved. clusions: FEDERAL COMMUNICATIONS Any air carrier party to the agree­ The fair and reasonable final service ments, or any interested person may, mail rate to be paid to Orion Airways, COMMISSION within 30 days from the date of service Inc., in its entirety by the Postmaster [FCC 68-1074] of this order, submit statements in writ­ General pursuant to section 406 of the ing containing reasons deemed appropri­ Act for the transportation of mail by * A.T. & T. ate, together with supporting data, in aircraft, the facilities used and useful support of or in opposition to the Board’s therefor, and the services connected Postponement of Effective Date of Re. actions as stated herein. An original and therewith, between St. Louis, Mo., and vised “ Foreign Attachment” Tar- nineteen copies of the statement should Memphis, Tenn., shall be 36 cents per iffs; Interim Procedures Adopted] be filed with the Board’s Docket Section. great circle aircraft mile; v October 30, 1968. { Accordingly, pursuant to the Federal This order will be published in the On October 30, 1968, the Commission F ederal R egister. Aviation Act of 1958, and particularly sections 204(a) and 406 thereof, and reg­ granted American Telephone and Tele­ By the Civil Aeronautics Board. ulations promulgated in 14 CFR, Part graph Co. permission to postpone from November i , 1968, to January 1, 1969, [ seal] H arold R . S anderson, 302, 14 CFR Part 298, and 14 CFR 385.14 the general effective date of tariff revi­ Secretary. ( f ) : sions filed by A.T. & T. proposing to It is ordered, That: [F.R. Doc. 68-13423; Filed, Nov. 5, 1968; make substantial changes in its tariffs 8:47 a.m.] 1. Orion Airways, Inc., the Postmaster governing the connections of customer- General, Eastern Air Lines, Inc., Alle­ provided devices to message toll tele-1 gheny Airlines, Inc., Delta Air Lines, Inc., [Docket No. 20199; Order 68-10-186] phone company facilities. (See Public Braniff Airways, Inc., American Airlines, Notice of Sept. 24, 1968; 22566.) How- j ORION AIRWAYS, INC. Inc., and all other interested persons are ever, that part of the revision as will per­ directed to show cause why the Board mit the connection of customer-provided, i Order To Show Cause Regarding should not adopt the foregoing proposed mobile radio telephone systems with long Establishment of Service Mail Rate findings and conclusions and fix, deter­ distance message telecommunications mine, and publish the final rate specified Issued under delegated authority Octo­ service through customer-provided,: above for the transportation of mail by ber 31,1968. acoustic-inductive devices (e.g., the aircraft, the facilities used and useful On September 6, 1968, the Postmaster Carterfone) will become effective Nov. 1,' therefor, and the services connected General filed a notice of intent pursuant 1968. therewith as specified above as the fair to 14 CFR Part 298, petitioning the Board A.T. & T . has filed additional tariff and reasonable rate of compensation to to establish for Orion Airways, Inc. revisions that would establish new regu- j be paid to Orion Airways, Inc.; (Orion) a final service mail rate of 36 lations to permit interconnection of cus- ] cents per great circle aircraft mile for the 2. Further procedures herein shall be tomer-provided communications sys­ transportation of mail by aircraft be­ in accordance with 14 CFR Part 302, and tems, subject to certain specified, condi­ tween St. Louis, Mo., and Memphis, Tenn. notice of any objection to the rate or to tions. The postponement allowed by the j Commission will permit A.T. & T. to Orion is currently engaged in business the other findings and conclusions pro­ as an air taxi operator under Part 298 posed herein, shall be filed within 10 publish the same effective date of Janu­ ary 1, 1969, for all of the revised tariff of the Board’s economic regulations. The days, and if notice is filed, written an­ Postmaster General states that Orion swer and supporting documents shall be regulations and thus will give all inter­ ested persons, including the Commission proposes to initiate service with twin- filed within 30 days after service of this and its staff,, additional time to review engine Beech, Model D -18-S aircraft and order; them. that the Department and the carrier 3. If notice of objection is not filed The postponements have been granted i agree that the above rate is a fair and within 10 days after service of this order, in accordance with a stay granted by the reasonable rate of compensation for the or if notice is filed and answer is not filed Commission of the effective date of its proposed services. The Postmaster G en­ within 30 days after service of this order, Carterfone decision, 13 F.C.C. 2d 420; 14 eral believes these services will meet all persons shall be deemed to have F.C.C. 2d 571, pursuant to which the | postal needs in this market. waived the right to a hearing and all tariff revisions have been submitted. By Order 68-10-182, October 31, 1968, other procedural steps short of a final W e believe that it is desirable to set in this docket the Board determined to decision by the Board, and the Board may out interim procedures to be followed approve the notice of intent thereby per­ enter an order incorporating the findings with respect to this matter. Therefore, mitting it to become effective pursuant and conclusions proposed herein and fix we shall require A.T. & T., on or before to 14 CFR 298.24(d). Therefore, Orion and determine the final rate specified November 5, 1968, to serve, on all of the herein; may provide the proposed air transporta­ parties that have filed pleadings ad-. tion of mail for the period ending June 4. If answer is filed presenting issues dressed to the postponed tariff revisions, 30, 1969. Since no mail rate is presently for hearing, the issues involved in de­ a copy of all of the revised tariff pages in effect for this carrier in this market, termining the fair and reasonable final published to be effective January 1,1969, it is necessary and in the public interest rate shall be limited to those specifically together with all accompanying trans­ to fix, determine, and establish the fair raised by the answer, except insofar as mittal letters. Each party who has m™ and reasonable rate of compensation to other issues are raised in accordance with such pleadings shall, on or before be paid to Orion by the Postmaster Gen­ Rule 307 of the rules of practice (14 CFR cember 1, 1968, file with the Comnns" | eral for the proposed transportation of 302.307); and sion and serve on A.T. & T. a written mail by aircraft, the facilities used and statement as to whether the party wsnes useful therefor, and the services con­ 5. This order shall be served upon Orion Airways, Inc., the Postmaster Gen­ its pending pleading to be considered Dy nected therewith, between the aforesaid the Commission, withdrawn or otherwise eral, Eastern Air Lines, Inc., Allegheny points. Upon consideration of the notice treated. Any interested party, including j of intent and other matters officially Airlines, Inc., Delta Air Lines, Inc., Bran­ those who have heretofore filed Pl®| noticed, it is proposed to issue an order1 iff Airways, Inc., and American Airlines, ings may file new or amended pleading Inc. directed to any portion of the aforemen­ 1 As this order to show cause is not a final This order will be published in the tioned revised tariffs published to e action taut merely affords interested persons come effective January 1, 1969. Howeve, j an opportunity to be heard on the matters F ederal R egister. notwithstanding the provisions of § • herein proposed, it is not regarded as subject [ seal] H arold R . S anderson, to the review provisions of Part 385 (14 CFR Secretary. of our rules, any such pleadings shall j Part 385). These provisions for Board review filed and properly served no later t , will be applicable to final action taken by the [F.R. Doc. 68-13424; Filed, Nov. 5, 1968; staff under authority delegated in § 385.14(g). 8:47 a.m.] December 1,1968.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16311

We believe that the above-prescribed The Commission having under consid­ [812-2329] procedure will “best conduce to the eration letters dated October 24, 1968, NORTHWESTERN MUTUAL LIFE IN­ proper dispatch of the Commission’s and October 28,1968, filed by ITT World business and the ends of justice,” 47 Communications Inc., and Western SURANCE CO., AND NML VAR­ USC. 154(j). Pursuant to section 3(a) Union International, Inc., requesting an IABLE ANNUITY ACCOUNT B of the Administrative Procedure Act, extension of time until November 29, Notice of Application for Exemption this Public Notice (FCC 68-1074) will be 1968, to submit their comments to the published in the F ederal R egister. notice of inquiry released on October 15, O ctober 31, 1968. Action by the Commission October 30, 1968; Notice is hereby given that The North­ 1968, by order. Commissioners Bartley It appearing, that the aforementioned western Mutual Life Insurance Co. (Acting C hairm an), Robert E. Lee, Cox, letters set forth that additional time is (“Northwestern Mutual”) , 720 East Wis­ and Wadsworth, w ith Commissioner necessary to gather the data requested in consin Avenue, Milwaukee, Wis. 53202, a Johnson concurring in the result and the notice of inquiry and to submit the mutual life insurance company organized Commissioner H. Rex Lee not analysis thereof in comments to the in 1857 by a special statute of the legis­ participating. Commission; lature of the State of Wisconsin, and F ederal C ommunications It further appearing, that in view of NML Variable Annuity Account B (“Ac­ C o m m is s io n , the foregoing, good cause exists for ex­ count B” ), a unit investment trust regis­ [seal] B en F. W aple, tending until November 29, 1968, the tered under the Investment Company Act Secretary. time within which comments may be of 1940 (“Act”), hereinafter collectively filed. called “Applicants,” have filed an appli­ [P.R. Doc. 68-13425; Filed, Nov. 5, 1968; It is ordered, Pursuant to § 0.303(c) of 8:47 a.m.] cation pursuant to section 6(c) of the the Commission’s rules on Delegations of Act for an order of exemption to the Authority, that the time within which to extent noted below from the provisions [FCC 68-1084] file comments is hereby extended to of sections 12(d)(1), 14(a)(1), 22(d), November 29,1968. 22(e), 26(a), 27(c)(1), and 27(c)(2) of STANDARD BROADCAST APPLICA­ Adopted: October 31,1968. the Act. All interested persons are re­ TION READY AND AVAILABLE FOR ferred to the application on file with the PROCESSING Released; October 31,1968. Commission for a statement of the repre­ O ctober 31, 1968. F ederal C ommunications sentations which are summarized below. Notice is hereby given, pursuant to C o m m is s io n , Account B was established by North­ § 1.571(c) of the Commission’s rules, that [ seal] A . C. R osem an , western Mutual principally to offer vari­ on December 10, 1968, the standard Chief, International and Satel­ able annuity contracts for use in funding broadcast application listed below will lite Communications Division, corporate pension or profit sharing plans be considered as ready and available for for Chief, Common Carrier qualified under section 401(a) or 403(a) processing. Pursuant to §§ 1.227(b) (1) Bureau. of the Internal Revenue Code and as tax- deferred annuities under section 403(b) and 1.591(b) of the Commission’s rules, [F.R. Doc. 68-13427; Filed, Nov. 5, 1968; an application, in order to be considered 8:47 a.m.] of the Internal Revenue Code. with this application must be in direct Under, the contract a purchaser makes conflict and tendered no later than the a number of payments until a maturity close of business December 9,1968; date selected by the purchaser. These payments are invested (net of various WSSA, Morrow, Ga. SECURITIES AND EXCHANGE Clayton Broadcasting Co. deductions) through Account B in shares Has: 1570 kc, 1 kw, Day (College Park, Ga.) COMMISSION of NML Fund, Inc. (“Fund”), a Mary­ Req: 1570 kc, 5 kw, Day (Morrow, Ga.) land corporation and an open-end, . [File No. 1-1130] diversified management investment com­ The attention of any party in* interest GALE INDUSTRIES, INC. pany registered under the Act. The value desiring to file pleadings concerning this of a contract before the maturity date application pursuant to section 309;(d) Order Suspending Trading will fluctuate as the value of the shares (1) of the Communications Act of 1934, of the Fund credited to such contract O ctober 31, 1968. as amended, is directed to § 1.580 (i) of fluctuates. After the maturity date the the Commission’s rules for the provisions The common stock, 50 cents par value, contracts provide lifetime annuity pay­ governing the time of filing and other of Gale Industries, Inc., being listed and ments, either variable or fixed, or other requirements relating to such pleadings. registered on the American Stock Ex­ settlement options. The amount of the Actum by the Commission October 30, change pursuaht to provisions of the Se­ first annuity payment will be the same 1968. Commissioners Bartley (Acting curities Exchange Act of 1934 and all whether a fixed or variable annuity is Chairman), Robert E. Lee, Cox, and other securities of Gale Industries, Inc., chosen. If a fixed annuity payment option Jonnson, with Commissioner H . Rex being traded otherwise than on a na­ is selected the amount of the payments fice not participating. tional securities exchange; and are guaranteed. If a variable annuity It appearing to the Securities and.Ex­ F ederal C ommunications payment option is selected the annuity change Commission that the summary C o m m is s io n , payments subsequent to the first will suspension of trading in such securities [seal] B en F. W aple, fluctuate as the value of the Fund shares Secretary. on such exchange and otherwise than on fluctuate. [P-R. Doc. a national securities exchange is required Under Wisconsin insurance laws Ac­ 68-13426; Filed, Nov. 5, 1968; in the public interest and for the protec­ 8:47 a.m.] count B is. an integral part of North­ tion of investors; western Mutual. The latter holds all the It is ordered, Pursuant to sections [Docket No. 18348] assets of Account B and is responsible 15(c) (5) and 19(a) (4) of the Securities for the performance of the obligations of USE OF MULTICHANNEL Exchange Act of 1934, that trading in Account B under the contracts. However, such securities on the American Stock EQUIPMENT under Wisconsin insurance laws, the in­ Exchange and otherwise than on a na­ come, gains and losses, realized or un­ Order Extending Time Jor Filing tional securities exchange be summarily realized, of Account B are credited to or Comments suspended, this order to be effective for charged against the amounts allocated the period November 1, 1968, through to Account B in accordance with the o f^ n m I? atter of an inquiry into tl November 10, 1968, both dates inclusive. terms of the contracts without regard to equiPment for de: By the Commission. other income, gains or losses of North­ to detprm •channels from voice cha western Mutual; and the assets of Ac­ c a p a b w ne faCts relatinS techr [ seal] O rval L . D u B o is, count B are not chargeable with any cSS? ^ater capacit Secretary. liabilities arising out of any other ac­ y’ r^ability or economy in tt [F.R. Doc. 68-13409; Filed, Nov. 5, 1968; count or any other business of North­ nation of overseas facilities. 8:45 a.m.] western Mutual.

•FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16312 NOTICES

Applicants request exemption from the penses equal to 50 cents plus 8 percent group. Applicants further state that following provisions of the Act to the of the payment. Applicants state that the when an annuitant begins to receive an- extent stated below. combined charge is appropriate because nuity payments he should not be able to1 Section 12(d)(1), in pertinent part, of the difficulty of determining in ad­ change arbitrarily the predicted average provides, in substance, that it shall be vance the proportions of such combined lifetime of the group by withdrawing unlawful for any registered investment deduction which will be incurred by from it. company (Account B) to purchase any Northwest Mutual as sales, administra­ Sections 26(a) and 27(c) (2), in perti­ security issued by any other investment tive and other expenses. nent part, prohibit a registered invest­ company (Fund) if such registered in­ Applicants also request exemption ment company issuing periodic payment vestment company will, as a result of from the provisions of section 22(d) so plans or a depositor or principal under­ that purchase own more than 3 percent as to permit the contracts to participate writer for such a company or for a regis­ of the outstanding voting stock of the in the divisable surplus of Northwest tered unit investment trust from selling! other investment company, unless the Mutual to the extent that they may con­ any security issued by such an invest! registered investment company owns at tribute to such divisable surplus. Such ment company unless the proceeds oil least 25 percent of the outstanding vot­ provision must be made for the con­ all payments, other than sales load, arel ing stock of such other investment com­ tracts under state law in some of the deposited with a qualified bank as trustee) pany. Section 1 2 (d )(1 )(B ) of the -Act jurisdictions in which the contracts may or custodian (“trustee”) and are held by] provides, in substance, that such restric­ be sold. Pursuant to such provision, such trustee under an agreement which! tion is not applicable with respect to Northwestern Mutual would determine provides (i) that the trustee shall have] securities purchased with the proceeds of annually the extent, if any, by which possession of all property of the trust! payments on periodic payment plan Northwest Mutual’s charges for the prior and shall segregate and hold the same in] certificates issued pursuant to the terms year exceeded its sales, administration trust, (ii) that the trustee shall not re-| of a trust indenture. and mortality expenses, and the amount sign until either the trust has been liqui-| Account B, which does not own at set aside for reserves and contributions dated or a successor bank has been ap-| least 25 percent of the outstanding vot­ to surplus. On the basis of such determi­ pointed, (iii) that the trustee may col-| ing stock of the Fund, will acquire more nation Northwest Mutual may provide a lect from income and, if necessary, from] than 3 percent of the outstanding voting dividend to contract holders. Any such the corpus of the trust fees for services] stock of the Fund with the proceeds of dividend may reflect a reduction in performed and reimbursement of ex-1 payments on periodic payment plan cer­ charges not only for sales expenses, but penses incurred, and (iv) that no pay­ tificates which are not issued pursuant for administrative and other expenses; ment to the depositor or principal under-1 to the terms of a trust indenture. Appli­ and it is not possible to determine in ad­ writer shall be allowed the trustee asan] cant states that an exemption from sec­ vance the amount of such reduction or expense except a fee, not exceeding] tion 12(d) (1) is appropriate because the the proportion attributable to a reduction such reasonable amount as the Commis-j purchase of Fund shares with such pay­ in sales expense. sion may prescribe, for performing book­ ments will be substantially identical in Applicants further request exemption keeping and other administrative serv­ all respects relevant to section 12(d) to from the provisions of section 22(d) to ices delegated to the depositor or prin­ the purchase of securities with the pro­ the extent, if any, necessary to permit cipal underwriter. ceeds of payments on periodic payment payees receiving annuity benefits to In support of the requested exemption plan certificates issued pursuant to the transfer to another available form of set­ from the foregoing provisions of the Act,] terms of a trust. tlement option (including transfers from Applicants state that the net proceeds Section 14(a)(1), in pertinent part, fixed payment settlement options to under the contracts allocated to Ac­ provides that no investment company variable payment settlement options) count B will be invested in shares of the shall make a public offering of securities without imposition of any additional Fund; that such shares will be held in an unless such company has a neÇ worth of sales charge. open account so that ownership thereof at least $100,000. Sections 22(e) and 27(c)(1) provide, will only be shown on the books and rec- j Applicants state that under the provi­ in pertinent part, that a registered in­ ords of Account B and the Fund, and sions of the Wisconsin insurance laws vestment company shall not suspend the that such shares will not be evidenced by j only payments made under contracts can right of redemption or postpone the date transferable stock certificates. Appli­ be allocated to Account B; that Account of payment of any redeemable security cants further state that Northwestern j B will have no assets at its inception, in accordance with its terms for more Mutual is subject to extensive supervi-| since Northwestern Mutual cannot pur­ than 7 days after the tender of such sion and control by the Wisconsin Com- ¡ chase a contract and it is impractical for security for redemption and prohibit a missioner of Insurance; that under Wis- ¡ Northwestern Mutual to produce a net registered investment company issuing consin law neither Account B nor North­ western Mutual may abrogate its obliga- worth of $100,000 for Account B through periodic payment plan certificates from a private offering. selling any such certificate unless such tions; that Northwestern Mutual had certificate is redeemable. Applicants re­ total assets of $5 billion at December 31, In support of the requested exemption 1967, and that its officers and employees applicants state that there is no risk that quest an exemption from the provisions of sections 22(e) and 27(c)(1) so as to are covered by a fidelity bond in the Account B will be unable to meet its ob­ amount of $1 million. Therefore, Appli­ ligations or continue in existence, be­ permit cessation of the right to redeem a contract when a payee commences to cants state, such jurisdiction, financial cause Northwestern Mutual which has and legal requirements and bond effect assets in excess of $5 billion as of Decem­ receive annuity payments under a settle­ ment option which is contingent on the the protections against orphanage of tnej ber 31, 1967, is responsible for perform­ unit investment trust by the sponso ance of the obligations under the con­ payee’s life. Applicant states that at all times prior which the trusteeship under sections tracts and Northwest Mutual and Ac­ (a) and 27(c) (2) is designed to provide.] count B are bound under the provisions to their maturity dates, the contracts will be redeemable. On their respective Applicants have consented to the ie* of the insurance laws of Wisconsin and quested exemption being subject to the regulations thereunder and the maturity dates the then value of the each contract is determined and is ap­ condition that its charge under the co - supervising authority of the Director of tracts for administrative services sn Insurance to perform their contractual plied to provide lifetime annuity pay­ ments, variable or fixed, or other optional not exceed such reasonable amount obligations under the contracts. the Commission shall prescribe, and settlement payments. Applicants states the Commission may reserve junsdicuo Section 22(d) provides, in pertinent that the determination of the amount of part, that no registered investment com­ annuity payments is based on acturial or such purpose. f pany shall sell any redeemable security Section 6(c) of the Act provides thaij issued by it to any person except at a factors so calculated that if all persons he Commission, by order upon 1C current offering price described in the receiving annuity payments live on the J prospectus. The contracts will provide average as predicted by thte mortality ion, may conditionally or uncon i« for a combined deduction from each pay­ tables used, the funds will be exhausted illy exempt any persons or transac ment for sales and administrative ex­ upon the death of the last member of the rom any provision or provisions o

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16313

Let if and to the extent that such ex- Tariff—Supplement 63 to Western operate as a common carrier, by motor ►mption is necessary or appropriate in Trunk Line Committee, agent, tariff ICC vehicle, of passengers and their baggage, Ee public interest and consistent with A-4572. and express and newspapers, in the same vehicle with passengers, over deviation L protection of investors and the pur­ By the Commission. ges fairly intended by the policy and routes as follows: (1) From junction provisions of the Act. [ seal] H. N eil G arson, unnumbered highway and Interstate \ Notice is further given that any in­ Secretary. Highway 90 (Tokio Interchange) over terested person may, not later than No­ [F.R. Doc. 68-13416; Filed, Nov. 5, 1968; Interstate Highway 90 to Sprague, vember 14, 1968 at 5:30 p.m., submit to 8:45 am .] Wash., (2) from junction unnumbered She Commission in writing a request for highway and Interstate Highway 90 i hearing on the matter accompanied by (Tokio Interchange), over Interstate [Notice 523] i statement as to the nature of his inter- Highway 90 to junction unnumbered ist, the reason for such request and the MOTOR CARRIER ALTERNATE ROUTE highway (Fishtrap), (3) from Sprague, issues, if any, of fact or law proposed to DEVIATION NOTICES Wash., over Interstate Highway 90 to pe controverted, or he may request that junction unnumbered highway (Fish- he be notified if the Commission shall N ovember 1, 1968. trap), (4) from junction Washington order a hearing thereon. Any such com­ The following letter-notices of pro­ Highway 904 and Interstate Highway 90 munication should be addressed: Secre­ posals to operate over deviation routes (Tyler, Wash.) over Interstate Highway tary, Securities and Exchange Commis­ for operating convenience only have been 90 to junction Washington Highway 904 sion, Washington, D.C. 20549. A copy of filed with the Interstate Commerce Com­ (Four Lakes Interchange), and (5) from such request shall be served personally or mission, under the Commission’s Devia­ junction unnumbered highway and In­ by mail (airmail if the person being tion Rules Revised, 1957 (49 CFR 211.1 terstate Highway 90 (Thorpe Road Junc­ Served is located more than 500 miles (c) (8)) and notice thereof to all inter­ tion), over Interstate Highway 90 to from the point of mailing) upon Appli­ ested persons is hereby given as provided Spokane, Wash., and return over the cants at the address stated above. Proof in such rules (49 CFR 211.1(d) (4)). same routes, for operating convenience pf such service by affidavit (or in case of Protests against the use of any pro­ only. The notice indicates that the car­ an attorney at law by certificate) shall posed deviation route herein described rier is presently authorized to trans­ be filed contemporaneously with the re- may be filed with the Interstate Com­ port passengers and the same prop­ pest. At any time after said date, as merce Commission in the manner and erty, over a pertinent service route as provided by Rule 0-5 of the rules and form provided In such rules (49 CFR follows: From junction Interstate regulations promulgated under the Act, 211.1(e)) at any time, but will not oper­ Highway 90 and Washington Highway an order disposing of the application ate to stay commencement of the pro­ 281 (South Quincy Junction), over herein may be issued by the Commission posed operations unless filed within 30 Interstate Highway 90 to junction upon the basis of the information stated days from the date of publication. U.S. Highway 10 (Adams County line), m said application, unless an order for Successively filed letter-notices of the thence over U.S. Highway 10 to junction hearing upon said application shall be same carrier under the Commission’s U.S. Highway 395 and Interstate High­ Issued upon request or upon the Com m is- Deviation Rules Revised, 1957, will be way 90 (Ritzville Junction), thence over iion’s own motion. Person who request numbered consecutively for convenience Interstate Highway 90 to junction un­ a hearing, or advice as to whether a in identification and protests if any numbered highway (Tokio Junction), bearing is ordered, will receive notice of should refer to such letter-notices by thence over unnumbered highway to further developments in the matter in­ number. junction Interstate Highway 90 (Fish- cluding the date of the hearing (if or­ trap), thence over Interstate Highway 90 M otor Carriers of P roperty dered) and any postponements thereof. to junction Washington Highway 904 at No. MC 2245 (Deviation No. 4), THE Tyler, Wash., thence over Washington [ For the Commission (pursuant to dele­ gated authority). O. K. TRUCKING COMPANY, 1810 Highway 904 to junction Interstate High­ South Street, Cincinnati, Ohio 45204, way 90 (Four Lakes Interchange), thence tsEiiL] Orval L. D uB ois, filed October 25, 1968. Carrier’s repre­ over Interstate Highway 90 to junction I Secretary. sentative: Jack B. Josselson, 700 Atlas unnumbered highway (Thorpe Road [F.R. Doc. 68-13410; Filed, Nov. 5, 1968; Bank Building, Cincinnati, Ohio 45202. Junction), thence over unnumbered 8:45 a.m.J Carrier proposes to operate as a com­ highway to Spokane, Wash., and return mon carrier, by motor vehicle, of general over the same route. commodities, with certain exceptions, No. MC 1515 (Deviation No. 480) (Can­ over a deviation route as follows: From cels Deviation No. 405), GREYHOUND INTERSTATE COMMERCE Cincinnati, Ohio, over Interstate High­ LINES, INC. (Western Division), Market way 75 to junction Interstate Highway and Fremont Streets, San Francisco, 71 near Walton, Ky., thence over Inter­ Calif. 94106, filed October 21, 1968. Car­ state Highway 71 to Louisville, Ky., and rier’s representative: W . L. McCracken, FOURTH s e c t io n application return over the same route, for operating 371 Market Street, San Francisco, Calif. FOR RELIEF convenience only. The notice indicates 94105. Carrier proposes to operate as a that the carrier is presently authorized' common carrier, by motor vehicle, of pas­ N ovember 1,1968. to transport the same commodities, over sengers and their baggage, and express Itinn i f SiSuto the wanting of an applici a pertinent service route as follows:. and newspapers in the same vehicle with E M M S prepared ™ accordance wi From Cincinnati, Ohio, over U.S. High­ passengers, over deviation routes as fol­ fee the general rules of pra way 50 to Versailles, Ind., thence over lows: (1) From junction U.S. Highway davs 1100-40) and Sled within U.S. Highway 421 to Madison, Ind., 10 and Interstate Highway 90 (W est Cle hoLe *TLthl,date of Publication of tfc ce in the Federal R egister. thence over Indiana Highway 62 to Jef­ Elum Junction, Wash.), over Interstate fersonville, Ind., thence across the Ohio Highway 90 to Cle Elum, Wash., (2) from Long-and-S hort H aul River to Louisville,. K y., and return over Cle Elum, Wash., over Interstate High­ the same route.. way 90 to junction unnumbered highway S°rnTli&l~ Residual fuel oil (West Ellensburg Junction), thence over biWeste rfiforaf°T and Wyoming. Fil, M otor Carriers of P assengers unnumbered highway to Ellensburg, (No. A-2^flTrienk-Llne Comrnittee, age Rates nn ’ *or.,lnterested rail earrie] No. MC 1515 (Deviation No. 479) Wash., (3> from junction U.S. Highway (Cancels Deviation No, 345>,, GREY­ 10 and Interstate Highway 90 (West Cle loads as oU* tank ca HOUND LINES, INC. (Western Divi­ frnm ’n • descnbed hi the applicatio Elum Junction), over Interstate Highway sion), Market and Fremont Streets, San [000^ ^ Colorado and Wyomin Francisco, Calif. 94106, filed October 21, 90 to junction unnumbered highway Grmmif Minnesota and Wisconsin. 1968. Carrier’s representative: W , L. Mc­ (West Ellensburg Junction), thence over tion *or rehef—Market compel Cracken, 371 Market Street, San Fran­ unnumbered highway to Ellensburg, cisco, Calif. 94105. Carrier proposes to Wash., (4) from junction U.S. Highway

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16314 NOTICES

10 and Interstate Highway 90 (W est Cle No. MC 1515 (Deviation No. 482) (Can­ [Notice 1233] Elum Junction), over Interstate High­ cels Deviation No. 403), GREYHOUND way 90 to junction unnumbered highway LINES, INC. (Eastern Division), 1400 MOTOR CARRIER APPLICATIONS AND (Vantage), and (5) from junction U.S. West Third Street, Cleveland, Ohio CERTAIN OTHER PROCEEDINGS Highway 97 and Interstate Highway 90 44113, filed October 24, 1968. Carrier N ovember 1, 1968. (South Ellensburg), over Interstate proposes to operate as a common carrier, The following publications are gov­ Highway 90 to junction unnumbered by motor vehicle, of passengers and their erned by the new Special Rule 1.247 of highway (Vantage), and return over the baggage, and, express and newspapers in the Commission’s rules of practice, pub­ same routes, for operating convenience the same vehicle with passengers, over lished in the F ederal R egister, issue of only. The notice indicates that the car­ deviation route as follows: (1) From De­ December 3, 1963, which became effec­ troit, Mich., over Interstate Highway 75 rier is presently authorized to transport tive January 1,1964. passengers and the same property, over to junction U.S. Highway 25, approxi­ The publications hereinafter set forth pertinent service routes as follows: (1) mately 1 mile north of Cygnet, Ohio, (2) Prom Seattle, Wash., over U.S. Highway from junction Interstate Highway 75 and reflect the scope of the applications as filed by applicant, and may include de­ 10 to Ellensburg, Wash., and (2) from access highway to U.S. Highway 24 (near scriptions, restrictions, or limitation: Wenatchee, Wash., over Washington Southgate, Mich.), over access highway which are not in a form acceptable to Highway -28 to Quincy, Wash., thence to U.S. Highway 24, thence over U.S. the Commission. Authority which ulti­ over Washington Highway 281 to South Highway 24 to junction Interstate High­ mately may be granted as a result of the Quincy Junction, thence over Interstate way 94, thence over Interstate Highway applications here noticed will not nec­ Highway 90 to Vantage, thence over un­ 94 to Detroit, Mich., (3) from Monroe, essarily reflect the phraseology set forth numbered highway to Ellensburg, Wash., Mich., over city streets to Interstate in the application as filed, but also will and return over the same routes. Highway 75, (4) from Toledo, Ohio, over eliminate any restrictions which are not No. MC 1515 (Deviation No. 481), city streets to Interstate Highway 75, acceptable to the Commission. GREYHOUND LINES, INC. (Eastern Di­ (5) from Toledo, Ohio, over U.S. High­ vision), 1400 West Third Street, Cleve­ way 24 to junction Interstate Highway A pplications A ssigned for Oral ] land, Ohio 44113, filed October 22, 1968. 475, thence over Interstate Highway 475 H earing Carrier proposes to operate as a to junction Interstate Highway 75, (6) common m otor carriers of property carrier, by motor vehicle, of passengers from junction Ohio Highways 51, 120 and their baggage, and express and news­ and Interstate Highway 280 over Inter­ No. MC 17778 (Sub-No. 36) (Repub papers in the same vehicle with pas­ state Highway 280 to junction Interstate lication), filed February 26, 1965, pub sengers, over deviation routes as follows: Highway 75, and (7) from Perrysburg, lished in the F ederal R egister issues of (1) Prom junction U.S. Highway 22-322 Ohio, over city streets to Interstate High­ April 8, 1965, and April 14, 1965, and re and Pennsylvania Legislative Route 30, 4 way 75, (8) from junction Interstate published this issue. Applicant: YALE miles north of Amity Hall, Pa., over U.S. Highway 75 and G hio Highway 582 over TRANSPORT CORP., 460 12th Avenue Highway 22-322 to junction Pennsyl­ Ohio Highway 582 to junction U.S. High­ New York, N.Y. 10018. Applicant’s rep vania Legislative Route 31, just east of way 25, and (9) from Bowling Green, resentative: Herbert Burstein, 160 Thompsontown, Pa., (2) from junction Ohio, over U.S. Highway 6 to junction Broadway, New York, N.Y. By applica U.S. Highway 322-22 and Pennsylvania Interstate Highway 75, and return over tion filed February 26, 1965; applicant Legislative Route 32, east of Lewistown, the same routes, for operating conven­ seeks a certificate of public convenience Pa., over U.S. Highway 322-22 to junc­ ience only. The notice indicates that the and necessity authorizing operation, in­ tion U.S. Highway 522, thence continuing carrier is presently authorized to trans­ terstate or foreign commerce, as a com­ over U.S. Highway 322 to junction Penn­ port passengers and the same property mon carrier by motor vehicle, over regu­ sylvania Legislative Route 29 north of over pertinent service routes as follows: lar routes, of general commodities, with Reedsville, Pa., (3) from Newport, Pa., (1) From Port Austin, Mich., over U.S. certain exceptions, over specified routes over Pennsylvania Highway 34 to junc­ Highway 25 via Port Huron, Mount Clem­ as previously published. The application tion U.S. Highway 22-322, and (4) from ens and Monroe, Mich., and Toledo, was referred to Examiner James Lewistown, Pa., over Pennsylvania Legis­ Perrysburg and Findlay, Ohio, to Dayton, Cheseldine for hearing and the recom­ mendation of an appropriate ordei lative Route 29 to junction U.S. Highway Ohio, also from Mount Clemens over thereon. 'A n order of the Commission, 322, and return over the same routes, for Mount Clemens Drive and Harper Ave­ Division 1, served September 9, 19m operating convenience only. The notice nue to Detroit, thence over city streets which became effective August 29, 1968, indicates that the carrier is presently au­ via River Rouge, Ecorse, Wyandotte, and finds that the present and future public thorized to transport passengers and the Trenton, Mich., to junction County convenience and necessity require opera same property, over a pertinent service Highway 379, thence over County High­ tion by applicant as a common carrier, route as follows: From Newark, N.J., way 379 to Rockwood, Mich., thence over by motor vehicle, over regular routes, over U.S. Highway 22 via Somerville, Michigan Highway 56 to Monroe, Mich., transporting: (A) General commodity N.J., and Harrisburg, Pa., to Amity Hall, thence over Michigan Highway 50 to (except household goods as defined by tn Pa., thence over U.S. Highway 22 to junc­ junction U.S. Highway 24, also from junction U.S. Highway 25 and 24, 5 miles Commission, classes A and B explosives tion Pennsylvania Legislative Route 30, and commodities requiring dump truci approximately 4 miles northwest of north of Monroe over U.S. Highway 24 service), between New York, N.Y., anc Amity Hall, Pa., thence over Pennsyl­ to Toledo, Ohio, (2) from Toledo, Ohio, Farmingdale, Long Island, N.Y., ove vania Legislative Route 30 to junction over Ohio Highway 51 to junction U.S. Highway 20, thence over U.S. Highway 20 New York Highway 24, serving all inter Pennsylvania Legislative Route 275 at mediate points and off-route points Pennsylvania Highway 34, thence over to junction Ohio Highway 10, at a point approximately half a mile south of Kip- Nassau County, Long Island, N.Y.; Pennsylvania Legislative Route 275 to (excepl ton, Ohio, thence over Ohio Highway 10 (B) General commodities 1 Millerstown, Pa., thence over Pennsyl­ those of unusual value, classes A ana to junction U.S. Highway 20, thence over vania Legislative Route 31 to Thompson­ explosives, household goods as defined b] town, Pa., thence over U.S. Highway 22 U.S. Highway 20 to Cleveland, Ohio, and the Commission, commodities in to junction Pennsylvania Legislative (3) from Toledo, Ohio, over Ohio High­ and those requiring special eqmpmen Route 32, approximately 2 miles south way 120 to Stoney Ridge Toledo Inter­ (1) between Boston, Mass., and Green of Lewistown, Pa., thence over Pennsyl­ wich, Conn., over U.S. Highway 1, vania Legislative Route 32 to Lewistown, change (Ohio Turnpike) and return over the same routes. between Boston, Mass., and New Ha Pa., thence over Pennsylvania Legislative Conn., from Boston over Massachuse Route 29 to junction U.S. Highway 322, By the Commission. Highway 9 to Worcester, M a s s ., thenct over Massachusetts Highway 12 to pnw north of Reedsville, Pa., thence over [ seal] H. N eil G arson, U.S. Highway 322 via State College to Secretary. tion U.S. Highway 20, thence over Highway 20 to Springfield, thence , Martha Furnace, Pa., and return over [F.R. Doc. 68-13418; Filed, Nov. 5, 1968; U.S. Highway 5 to East H a r t f o r d , C the same route. 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16315

thence over U.S. Highway 44 to Hart­ PANY, INCORPORATED, 560 South all of the authority granted herein sub­ ford thence over Maple Avenue (for- Second West Street, Salt Lake City, ject to the restrictions (1> that to the ex­ [jneriy U.S. Highway 5> to junction U.S. Utah. Applicant’s representative: Harry tent that the authority herein authorized Highway 5 south of Hartford, thence D. Pugsley, 315 East Second South, Suite duplicates any other authority heretofore ¡over U.S. Highway 5 to Hew Haven, and 60*0, El Paso Natural Gas Building, Salt granted to applicant, it shall not be con­ return over the same route, (2) (a) be­ Lake City, Utah 04111. By application strued as conferring more than one tween East Hartford, Conn., and junc­ filed April 8, 1965, as amended, applicant operating right, (2) that applicant shall tion U.S. Highway 5 and Maple Avenue, seeks a certificate of public convenience conduct its for-hire operations separate south of Hartford, Conn., over U.S. and necessity authorizing operation in from its other business activities, (3) ¡Highway 5, (3) between Springfield, interstate or foreign commence, as a com­ that it shall maintain separate accounts Mass., and Hartford, Conn., over alter­ mon carrier by motor vehicle, of general and records therefor, and (4) that it shall nate U.S. Highway 5; (4> between commodities having a prior or subsequent not transport property as both a private Boston, Mass., and junction Connecticut movement by aircraft, (1) over a regular and for-hire carrier in the same vehicle Highway 15 and U.S. Highway 5, from route between Rock Springs and Rawlins, at the same time; that applicant is fit, Boston, Mass., over U.S. Highway 20 to Wyo., over Interstate Highway 80, serv­ willing, and able properly to perform ¡junction Massachusetts Highway 15, ing all intermediate points, and (2) over such service and to conform to the re­ ¡thence over Massachusetts Highway 15 irregular routes, between Salt Lake City, quirements of the Interstate Commerce to the Massachusetts-Connecticut State Utah, Airport; Hill Air Force Base, Utah, Act and the Commission's rules and regu­ line thence over Connecticut Highway Airport; Ogden, Utah, Airport; Pocatello, lations thereunder. Because it is possible 15 to junction U.S. Highway 5, and re­ Idaho, Airport; Boise, Idaho, Airport; that other parties who have relied upon turn over the same route, (5) serving all Twin Falls, Idaho, Airport; Mountain the notice of the application as published, intermediate points on the routes de­ Home Air Force Base, Idaho, Airport; may have an interest in and would be scribed in (I> through (4) above and all and Butte, Mont., Airport, on the one prejudiced by the lack of proper notice points in Connecticut and Massachusetts hand, and, on the other, Butte, Dillon, of the authority described in the findings as off-route points in connection with the Twin Bridges, Sheridan, and West Yel­ in this order, a notice of the authority same operations, lowstone, Mont.,* Ontario, Adrian, and actually granted will be published in the (6) Between Jersey City and NewBaker, Oreg.; Rock Springs, Mountain F ederal R egister and issuance of a cer­ Brunswick, N.J., from Jersey City, N.J., View, Thayne, Afton, Evanston, Kem- tificate in this proceeding will be with­ over U.S. Highway I to junction New merer, and Jackson, Wyo.; Ely, Nev.; held for a period of 30 days from the date ¡Jersey Highway 18, thence over New Jer­ and Flagstaff, Ariz., and points in Utah, of such publication, during which period sey Highway 18 to New Brunswick, and Idaho, and Yellowstone Part:. The ap­ any proper party in interest may file a return over the same route, serving all plication was referred to Examiner petition to reopen or for other appropri­ intermediate points and off-route points Lawrence A. Van Dyke, Jr., for hearing ate relief setting forth in detail the pre­ ¡in Hudson, Essex, Union, Morris, Middle­ and the recommendation of an appropri­ cise manner in which it has been so sex, Passaic, and Bergen Counties, N.J.; ate order thereon. Hearing was held be­ prejudiced. all of the authority in (A) and in (B) fore the examiner on October 2,1967, and A ppendix A (1) through (7) above restricted to the March II, 12, 13, and 14, 1968, at Salt REGULAR ROUTES OVER WHICH SERVICE ¡movement of traffic (a) between New Lake City, Utah. IS AUTHORIZED [York, N.Y., on the one hand, and, on A report and order of the Commission, (1) Between Salt Lake City, Utah, and the other, points in Nassau County, N.Y., Division 1, served July 31, I960, effective (b) between New Haven, Conn., on the Butte, Mont., serving all intermediate August 30, 1968, finds that the present points in Utah and Idaho and Dillon and [one hand, and, on the other, points in and future public convenience and neces­ Twin Bridges, Mont., as intermediate Massachusetts, (c) between New York, sity require operation by applicant as a points, and serving Centerville, Farming- pJY., on the one hand, and, on the other, common carrier by motor vehicle, in in­ points in Hudson, Essex, Union, Morris, ton, and Bountiful, Utah, and the site of terstate or foreign commerce, of general the Thiokol Chemical Corp. plant located [Middlesex, Passaic, and Bergen Counties, commodities having a prior or subse­ jffJ.,. (d) between Seeaucus, N.J., on the about 25 miles northwest of Brigham quent movement by aircraft, except ar­ City, Utah, and Sheridan, Mont., as off- mie hand, and, on the other, points in ticles of unusual value, classes A and B route points : From Salt Lake City over New Jersey Counties listed in (c) above, explosives, household goods as defined by U 0. Highway 91 to Brigham City, Utah, and (e) between New York, N.Y., on the the Commission, commodities in bulk, thence over U.S. Highway 191 to junc­ one hand, and, on the other, points in and those requiring special equipment, tion U.S. Highway 91, thence aver U.S. applicant is fit, willing, (1) over the regular routes, between the Highway 91 to junction Montana High­ and able properly to perform such serv- points, and serving the intermediate and way 41, thence over Montana Highway ^ conf°rm to the requirements off-route points described in appendix A 41 to junction U.S. Highway 10, and ? the Interstate Commerce Act and hereto, restricted to the transportation thence over U.S. Highway 10 to Butte, e Commission’s rules and regulations of shipments, (a) between the Salt Lake and return over the same route. tnereunder; Because it is possible' that City, Utah, Airport, on the one hand, and, er persons, who have relied upon the on the other, all points of service de­ (2) Between the junction of UJB. nonce of the application as published, scribed in appendix A, and (b) between Highways 91 and 191 just south of Poca­ interest in and would be the Boise, Pocatello, and Twin Falls, tello, Idaho, and West Yellowstone, J « lce* b y *ack °* Proper notice Idaho, Airports, on the one hand, and, Mont., serving all intermediate points: •J S authonty described in the findings on the other, the points of service in From said junction over UJS. Highway achmiT ° r^er’. a n°tice of the authority Idaho, Oregon, and Wyoming described 191 to West Yellowstone, and return over W ? g£anted wiU be Published in the in appendix A, and (2) over irregular the same route. certifw ^ EG*STER and issuance of a routes, (a) between the Salt Lake City (3) Between D ow ney, Idaho, and leldfnr ^ Proceeding wOI be with- Airport, on the one hand, an#, on the Brigham City, Utah, serving aH interme­ of s u S '°f 30 **** the date other, all points in Utah and that part of diate points and Hyde Park, Paradise, anv Publlcatlon, during which period Idaho south of the southern boundary of Hyrum, and Providence;, Utah, and O x­ * * * * ta toterest may file a Idaho County (except those in Lemhi, ford, Clifton, and Dayton, Idaho, as off- ate relipf° or for other appropri- Blame, and Custer Counties) which are route points: From Brigham City over w e i f i ***** forth in detail the not authorized to be served in appendix U.S. Highway 91 to Downey, and return over the same route. Siced 6r m ***** has been 30 A, and (b) between the Boise, Pocatello, and Twin Falls Airports, oh the one hand, (4> Between junction U.S. Highways ¿Uon)Gf S 84/, fSub~No- (Repub- and, on the other, points in Idaho south 30N and 91, near McCammon, Idaho, and inthepp April * 1965> Published of the southern boundary of Idaho Preston, Idaho, serving all intermediate R egister issues o f M ay 19, County (except those in Lemhi, Blaine, points: From junction U.S. Highways this km ^oher 6,1906, and republished and Custer Counties) whieh are not au­ 30N and 91 over U.S. Highway 30N to ™0R Applicant: WYCOPP COM­ thorized to be served in appendix A, with junction Idaho Highway 34 and thence

No. 217------7 FEDERAL REGISTER, VOL. 93, NO. 7— WEDNESDAY, NOVEMBER 6, 1968 16316 NOTICES over Idaho Highway 34 to Preston, and and thence over such unnumbered high­ Highway 26, and thence over Utah High; return over the same route. way to Rupert and return over the same way 26 to Holden, and return over th (5) Between junction U.S. Highway route. same route, serving all intermediat 191 and U S. Highway 26 northeast of (13) Between the junction of U.S. points. Idaho Falls, Idaho, and Rigby, Idaho, Highway 30 with U.S. Highway 93 and (23) Between Thistle, Utah, and Mon serving all intermediate points: From Shoshone, Idaho, serving all intermediate ticello, Utah, serving all intermediati junction U.S. Highway 191 and- U.S. points: From said junction over U.S. points and the off-route points of Kenil Highway 26 over U.S. Highway 26 to Highway 93 to Shoshone, and return over worth, Sunnyside, Dragerton, Columbia Ririe, Idaho, and thence over Idaho the same route. Huntington, Castle Dale, Hanksvillj Highway 48 to Rigby, and return over the (14) Between Payette, Idaho, and LaSal, and the site of the Potash min same route. Caldwell, Idaho, serving all intermediate and mill of the Texas Gulf Sulphur C( (6) Between junction U.S. Highway points: From Payette over U.S. High­ located about 16 miles northwest oi 3ON and Idaho Highway 34, west of Alex­ way 30N via Fruitland, Idaho, to junc­ Moab, Utah: From Thistle over U.3 ander, Idaho, and Logan, Utah, serving tion with U.S. Highway 30, and thence Highway 50 to Crescent Junction, ad all intermediate points in Idaho and over U.S. Highway 30 to Caldwell, and thence over U.S. Highway 160 to Monti serving Conda, Idaho, and Afton and return over the same route. cello, and return over the same route. 1 Thayne, Wyo., as off-route points; From (15) Between Fruitland, Idaho, and (24) Between Salt Lake City, Utah junction U.S. Highway 30N and Idaho Caldwell, Idaho, serving all intermediate and Vernal, Utah, serving all interne Highway 34 over U.S. Highway 30N to points: From Fruitland over U.S. High­ diate points, and serving the off-rout Montpelier, Idaho, and thence over U.S. way 95 via Parma, Wilder, and Homedale, points of Park City, Kamas, Tabions Highway 89 to Logan, and return over Idaho, to junction Idaho Highway 72 Midway, and Bonanza, Utah: From Sal the same route. west of Marsing, Idaho, thence over Lake City over U.S. Highway 40 to Vei (7) Between junction U.S. Highways Idaho Highway 72 via Marsing, Idaho, nal, and return over the same route. 89 and 91, north of Salt Lake City, Utah, to junction unnumbered highway, and (25) Between Salt Lake City, Utal and Ogden, Utah, serving all inter­ thence over unnumbered highway to and Ely, Nev., serving all intermediat mediate points and serving Huntsville, Caldwell (also from Wilder to Caldwell points and the off-route points of Tooeli Utah, as an off-r6ute point: From junc­ over Idaho Highway 19 and from Home- Bingham Canyon, and Dugway, Utah tion U.S. Highways 89 and 91 over U.S. dale to Caldwell over unnumbered high­ From Salt Lake City over Alternate U.i Highway 89 to Ogden, and return over way), and return over the same route. Highway 50 to Ely, and return over th the same route. (16) Between Boise, Idaho, and same route. (8) Between junction U.S. Highways Weiser, Iraho, serving all intermediate (26) Between Salt Lake City, Utal 191 and 30S, near Tremonton, Utah, and points: From Boise over Idaho Highway and Rock Springs, Wyo., serving all in Weiser, Idaho, serving all intermediate 44 to junction Idaho Highway 16 near termediate points in Utah and Evanston points in Idaho and serving Ontario, Star, Idaho, thence over Idaho Highway W yo., as an intermediate point, and serv Oreg., as an intermediate point, and 16 via Emmett, Idaho to junction Idaho ing Morgan, Utah, Kemmerer and Moun Adrian, Oreg., as an off-route point: Highway 52, thence over Idaho Highway tain View, Wyo., as off-route points From junction U.S. Highways 191 and 52 to Payette, Idaho, and thence over From Salt Lake City over U.S. Highwa: 30S over U.S. Highway 30S to Declo, U.S. Highway 30N to Weiser, and return 40 to junction U.S. Highway 189 nea Idaho, thence over unnumbered highway over the same route. Kimball Junction, Utah, thence ove across the Snake River to Rupert, Idaho, (17) Between Boise, Idaho, and Mc­ U.S. Highway 189 to junction U.S. High thence over Idaho Highway 25 to Paul, Call, Idaho, serving all intermediate way 30S, thence over U.S. Highway 30! Idaho, thence over unnumbered highway points: From "Boise over Idaho Highway to junction U.S. Highway 30, and thenc across the Snake River to Burley, Idaho 15 to McCall, and return over the same over U.S. Highway 30 to Rock Spring! (also from Declo to Burley over U.S. route. and return over the same route. J Highway 30S), thence over U.S. High­ (18) Between Weiser, Idaho, and Mc­ (27) Between Rock Springs and Jack way 30 via Twin Falls, Boise, Nampa, Call, Idaho, serving all intermediate son, W yo., serving no intermediate pointy and Caldwell, Idaho, to junction U.S. points: From Weiser over U.S. Highway from Rock Springs over U.S. Highwa] Highway 20 west of Caldwell, thence over 95 to junction with Idaho Highway 15 187 to Jackson, and return over the sami U.S. Highway 20 via Nyssa, Oreg., to and theyce over Idaho Highway 15 to route. j (28) Between Rock Springs, Wyo., an( junction Oregon Highway 201, thence McCall, and return over the same route. over Oregon Highway 201 to Ontario, (19) Between Blackfoot, Idaho, and Rawlins, Wyo., serving no intermediate Oreg., thence over U.S. Highway 30 to Mackay, Idaho, serving all intermediate points: From Rock Springs over u.a junction U.S. Highway 30N and thence points: From Blackfoot over U.S. High­ Highway 30 to Rawlins, and return ovei over U.S. Highway 30N to Weiser (also way 26 to Arco, Idaho, and thence over the same route. , (29) Between Baker, Oreg., ^ from Ontario over Oregon Highway 201 Alternate U.S. Highway 93 to Mackay, Weiser, Idaho, serving no intermedia« to the Snake River and thence across the and return over the same route. points: From Baker over U.S. Highwa, Snake River to Weiser), and return over (20) Between Salt Lake City, Utah, 30 to junction U.S. Highway 30N, an the same route. and St. George, Utah, serving all inter­ thence over U.S. Highway 30N to Weisej (9) Between Bliss, Idaho, and Sho­ mediate points and serving Milford and shone, Idaho, serving all intermediate Hurricane, Utah and those in Salt Lake and return over the same route. •. points: From Bliss over Temporary U.S. County, Utah, as off-route points: From (30) Between Kanab, Utah, and Fjai Highway 20 to Shoshone, and return Salt Lake City over U.S. Highway 91 to staff, Ariz., from Kanab over U.S. Hign over the same route. St. George, and return over the same way 89 to Flagstaff, and return over m (10) Between Bliss, Idaho, and Paul, route. same route, serving no intermedia^ Idaho, serving all intermediate points: (21) Between Spanish Fork, Utah, and points. . From Bliss over Idaho Highway 25 to Kanab, Utah, serving all intermediate No. MC 109351 (Sub-No. 5) Paul, and return over the same route. points and serving the off-route points cation), filed May 31, 1968, published (11) Between Gooding, Idaho, and of Escalante, Tropic, Springdale, Foun­ in the F ederal R egister issue of June Wendell, Idaho, serving all intermediate tain Green, Moroni, and Monroe, Utah: 1968, and republished this issue. APP points:'From Gooding over Idaho High­ From Spanish Fork over U.S. Highway cant: G & E TRUCKING CO. a co^ way 46 to Wendell, and return over the 6 to Thistle, Utah, and thence over U.S. ration, 1230 Taylor NE., Grand Rapi® same route. Highway 89 to Kanab, and return over Mich. Applicant’s representative. Q tin A. Ewert, 117 West Allegan Stree (12) Between Pocatello, Idaho, and the same route. Rupert, Idaho, serving all intermediate (22) Between junction of U.S. High­ Lansing, Mich. 48933. By appBeatW points, and the off-route point of Aber­ ways 91 and 6 near Santaquin, Utah, and filed May 31, 1968, applicant seeks a P mit authorizing operations, mmterstaj deen, Idaho: From Pocatello over U.S. Holden, Utah, from said junction over Highway 3ON to junction with an un­ U.S. Highway 6 to Delta, Utah, thence or foreign commerce, as a contr . rier by motor vehicle, over irreguia] numbered highway north of Declo, Idaho, over Utah Highway 125 to junction Utah

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16317

routes of scrap paper and scrap corru­ to perform such service and to conform F ederal R egister issue of May 16, 1968, gated paper from points within 30 miles to the requirements of the Interstate and republished this issue. Applicant: of Chicago, HI., except points within Commerce Act and the Commission’s SCHWERMAN TRUCKING CO., a cor­ Chicago, HI., and the commercial zone rules and regulations thereunder. Be­ poration, 611 South 28th Street, Milwau­ thereof, to the point as indicated below. cause it is possible that other parties, who kee, Wis. 53246. Applicant’s representa­ An order of the Commission, Operating have relied upon the notice of the appli­ tive: Richard H. Prevette (same address Rights Board, served October 23, 1968, cation as published, may have an interest as applicant). By application filed May 2, finds that the present and future public in and would be prejudiced by the lack 1968, applicant seeks a certificate of pub­ convenience and necessity require opera­ of proper notice of the authority de­ lic convenience and Necessity authoriz­ tion by applicant, in interstate or foreign scribed in the findings in this report, a ing operation, in interstate or foreign commerce, as a common carrier by motor notice of the authority actually granted commerce, as a common carrier by motor vehicle, over irregular routes, of scrap will be published in the F ederal R egister vehicle, over irregular routes, of fertilizer paper from (a) points in Cook, Du Page, and issuance of a certificate in this pro­ and fertilizer materials, from Piqua, Henry, Kane, Kankakee, Kendall, Lake, ceeding will be withheld for a period of Ohio, to points in Indiana. An order of and Will Counties, HI.; and (b) points 30 days from the date of such publica­ the Commission, Operating Rights Board, in Lake and Porter Counties, Ind. (except tion, during which period' any proper dated September 30, 1968, and served in (a) and (b) above those points which party in interest may file a petition to re­ October 23, 1968, finds that the present and future public convenience and neces­ are in the Chicago commercial zone as open or for other appropriate relief set­ sity require operation by applicant as a defined by the Commission to Childsdale, ting forth in detail the precise manner in common carrier by motor vehicle, over Mich., under a continuing contract with which it has been So prejudiced. irregular routes, of fertilizer and fertilizer Rockford Paper Mills, Inc., of Rockford, No. MC 112617 (Sub-No. 248) (Repub­ materials, from the plantsite of Royston Mich., that applicant is fit, willing, and lication) , filed March 26, 1968, published Co. near Piqua, Ohio, to points, in Indi­ able properly to perform such service in the F ederal R egister issue of April 11, ana; that applicant is fit, willing, and and to conform to the requirements of 1968, and republished this issue. Appli­ able properly to perform such service and the Interstate Commerce Act and the cant: LIQUID TRANSPORTERS, INC., to conform to the requirements of the Commission’s rules and regulations Post" Office Box 5135, Cherokee Station, Interstate Commerce Act and the Com­ thereunder. Because it is possible that Louisville, Ky. 50205. Applicant’s repre­ mission’s rules and regulations there­ other persons, who have relied upon the sentative: L. A. Jaskiewicz, 600 Madison under. Because it is possible that other notice of the application as published Building, 1155 Fifteenth Street N W ., parties who have relied upon the notice may have an interest in and would be Washington, D.C. 20005. By application of the application as published, may have prejudiced by the lack of proper notice •filed March 26, 1968, applicant seeks a an interest in and would be prejudiced of the authority described in. the findings certificate authorizing operations, in in­ by the lack of proper notice of the au­ in this order, a notice of the authority terstate or foreign commerce, as a com­ mon carrier by motor vehicle, over thority described in the findings in this actually granted will be published in the order, a notice of the authority actually Federal R egister and issuance of a per­ irregular routes, of uranium hexafluo­ granted will be published in the F ederal mit m this proceeding will be withheld ride, in bulk, in steel cylinders, from R egister and issuance of a certificate for a period of 30 days from the date of Metropolis, 111.; (1) as to the title pro­ ceeding, to the Atomic Energy Commis­ in this proceeding will be withheld for a such publication, during which period period of 30 days from the date of such any proper party in interest may file a sion’s plantsites at Oak Ridge, Tenn., and at or near Sargents, Ohio, and empty publication, during which period any Petition to reopen or for other appropri­ proper party in interest may file a pe­ ate relief setting forth in detail the pre- steel cylinders, on return; and (2) as to No. MC 112617 (Sub-No. 248) to Oak tition to reopen or for other appropriate t e r in which iij has been s° Ridge, Tenn., and Sargents, Ohio, and relief setting forth in detail the precise empty steel cylinders, on return. A re­ manner in which it has been so Lw 111397 (Sub-No. 83) (Repub- port of the Commission,- Review Board prejudiced. ’ , ? ed February 28, 1968, pub- Number 3, served October 28, 1968, finds No. MC 129973 (Republication), filed MarPhT/inJ™™ R egister issue of that the present and future public con­ June 14, 1968, published F ederal R eg­ sue Anni-196?’ and republished this is- venience and necessity require operation ister issue of June 27, 1968, and repub­ nir n £ oani: DAVIS transport, by each applicant, in interstate or for­ lished this issue. Applicant: FIELD Kv •’ioAmS°!?th Pourth Street, Paducah, eign commerce, as a common carrier by MARKETING SERVICES, INC., 235 West Herbert! Appllcant’s representative: motor vehicle, over irregular routes, of 42d Street, New York, N.Y. 10017. Appli­ d2?V ‘ Jr> Box 1284> Pa- uranium hexafluoride, in containers, cant’s representative: Robert N. Kha- FebSar?28 Vo«0«?' By aPplication filed from Metropolis, 111., to the plantsites of rasch and William J. Lippman, 1824 R ’ applicant seeks a cer- the Atomic Energy Commission at Oak Street NW., Washington, D.C. 20009. By State nr f!!th ing operations, in inter- Ridge, Tenn., and at or near Sargents, application filed June 14, 1968, applicant carrier b v ^ n f com^ eEce> as a common Ohio; that each applicant is fit, willing, seeks a permit authorizing operation, in routes J „ mot° r veblcle> over irregular and able properly to perform such serv­ interstate or foreign commerce, as a con­ to hexafluoride, in bulk, ice and to conform to the requirements tract carrier by motor vehicle, over ir­ (1) as from Metropolis, 111.; of the Interstate Commerce Act and the regular routes, of (1) cosmetics and Atomic Fnpi6 i,tle Proceeding, to the Commission’s rules and regulations toilet preparations, articles and sundries, at Oak £ommission’s plantsites thereunder. Because it is possible that and (2) premiums, equipment, and sup­ plies tfsed in connection with the sale of Sargents Oh£ ^ and at or near other parties, who have relied upon the ders on’r5,h ’ and empty steel cylin- notice of the application as published, commodities described in (1) above (ex­ *l281?^{aS?v and (2) as to No- MC- may have an interest in and would be cept commodities in bulk), from Irving­ Tenn.7 2f8) to Oak Ridge, prejudiced by the lack of proper notice ton, N.J., to points in New Jersey, for the steel cvlinriovBargen^s’ ® bl° ’ and empty of the authority described in the findings account of Avon Products, Inc., restricted c°nimisrion rSR°n .return• A report of the in this report, a notice of the authority to home deliveries. A report and order terve^Sohi Board Number 3, actually granted will be published in the of the Commission, Operating Rights Board, dated October 16, 1968, and presem ai?^ +28, 1968, finds that the F ederal R egister and issuance of a cer­ and necessitvfr tUf® public convenience tificate in this proceeding will be with­ served October 28,1968, finds that opera­ applied? ? - r! qmf e operation by each held for a period of 30 days from the tion by applicant, in interstate or foreign merce as a interstate or foreign com - date of such publication, during which commerce, as a contract carrier by motor tehicle, over i S f Carfrier by motor period any proper party in interest may vehicle, over irregular routes, of (1) tcxaflunriHo 1.rregular routes, of uranium file a petition to reopen or for other cosmetics, toilet preparations, and toilet containers, from Metrop- appropriate relief setting forth in detail articles, and sundries; and>(2) premiums, ^ergv O r l • Piautsites of the Atomic the precise manner in which it has been equipment, and supplies used in connec­ and a W n T 1So10n at ° ak Ridge, Tenn., so prejudiced. tion with the sale of . commodities described in (1) above (except commodi­ applicant k S Sai gents’ O hio- that each No. MC 124078 (Sub-No. 328) (Repub­ t is fit, willing, and able properly lication), filed May 2, 1968, published ties in bulk), from Irvington, N.J., to

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16318 NOTICES

points in New Jersey, under &, continuing 30 days from the date of publication in of Jeannette, Schenley, and South BE contract with Avon Products, Inc., of the F ederal R egister. Connellsville, Pa.,” from where it &p.|g; Rye, N.Y., will be consistent with the No. MC 113325 (Sub-No. 8), (Notice pears in the restriction in 8(b) above setB? public interest and the national trans­ of Filing of Petition To Modify Cer­ forth, and inserting the said descrip. !& portation policy; that applicant is fit, tificate), filed September 24, 1968. Peti­ tion in the restriction in 8(a) above setBK willing, and able properly to perform tioner: SLAY TRANSPORTATION CO., forth, after the phrase “Kentucky-Ohio■ A such service and to conform to the re­ INC., 718 South Seventh Street, St. State line,” ; and (3) by modifying the!*1 quirements of the Interstate Commerce Louis, Mo. Petitioner’s representative: no-tacking restriction contained therein« Act and the Commission’s rules and reg­ Harold P. Boss, 480 Mills Building, 1700 to read: The authority granted herein!fi ulations thereunder. Because it is pos­ Pennsylvania Avenue NW., Washington, shall not be tacked or joined with other sible that other parties who have relied D.C. 20006. Petitioner holds authority in authority now held (as of June 30, 1961)H l upon the notice of the application as No. MC 113325 (Sub-No. 8), to operate as by applicant for the purpose of perform-!« published, may have an interest in and a common carrier by motor vehicle, over ing a through service. Petitioner states! f would be prejudiced by the lack of proper irregular routes, in the transportation that (a) the vehicle restriction em-|£ notice of the authority described in the of: Acids and chemicals, dry, in bulk, in ployed in the said certificate serves no|l findings in this order, a notice of the specialized tank or hopper type vehicles useful purpose, and its removal is re-Bl authority actually granted will be pub­ (including vehicles furnished by ship­ quired by the public convenience and I s lished in the F ederal R egister and is­ pers), from points in Arkansas, Illinois, necessity; (b) that inasmuch as the said 1 1 suance of a permit in this proceeding will Indiana, Iowa, Kansas, Kentucky, Mis­ certificate authorizes, as pertinent, op-|a be withheld for a period of 30 days from souri, Oklahoma, Pennsylvania, and erations only from points in Pennsylvania!! the date of such publication, during Tennessee, to points in the St. Louis, M o.- to points in the St. Louis, Mo.-East St.Hc which period any proper party in interest East St. Louis, 111,, commercial zone, as Louis, 111., commercial zone, the terri-H t may file a petition to reopen or for other defined by the Commission. Between torial restriction in 8(b) described above! r appropriate relief setting forth in detail points in the Bt. Louis, Mo.-East St. with respect to service between points in i r the precise manner in which it has been Louis, 111., commercial zone, as defined by the said commercial zone to the de-Hs so prejudiced. the Commission, on the one hand, and, scribed area in Pennsylvania is not wholly! I on the other, points in Alabama,, Colo­ within the scope of operations author-! c N otice of F il in g of P e titio n s rado, Florida, Georgia, Louisiana, Michi­ ized therein; and (c) that an inad*!t No. MC 20722 et al.

FEDERAL REGISTER, V O L 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16319

Delaware, Maryland, Minnesota, Michi­ Street, Bridgeport, Pa. 19405, of the Clinton, Mo., serving all intermediate gan Illinois, Indiana, Wisconsin, Ohio, operating rights and property of IN­ points, between junction U.S. Highway 65 Pennsylvania, Kentucky, Missouri, Ala­ STAN T D ELIVERY CORP., 145 Dayton and Missouri Highway 52, and Warsaw, bama, Mississippi, Tennessee, New York, Avenue, Passaic, N.J., and for acquisi­ Mo., serving no intermediate points; pas­ Kansas, Nebraska, and Connecticut. tion by LEONARD H. TOSE, also of sengers and their baggage, and light ex­ Application has not been filed for tempo­ Bridgeport, Pa., and DESMOND J. press, mail, and newspapers, in the same rary authority under section 210a(b). McTIGHE, 11 East Airy Street, Norris­ vehicle with passengers, between Tex­ I No. MC-F-10288. Authority sought town, Pa. 19401, Executors of the estate arkana, Tex., and Fort Smith, Ark., for purchase by YELLOW TR AN SIT of Mike Tose, deceased, of control of serving all intermiate points; passengers FREIGHT LINES, INC., 92d at State such rights and property through the and their baggage, and newspapers and Line Road, Kansas City, Mo. 64114, of purchase. Applicants’ attorneys: Des­ express in the same vehicle with pas­ the operating rights and property of mond J. McTighe, 11 East Airy Street, sengers, between Fort Smith, Ark., and RACE MOTOR SERVICE, INC., 13017 Norristown, Pa. 19401, and Anthony C. Siloam Springs, Ark., serving all inter­ South California Avenue, Blue Island, Vance, 301 Tavern Square, 421 King mediate points, between Greenfield, Mo., Ul„ and for acquisition by GEORGE E. Street, Alexandria, Va. 22314. Operating and Nevada, Mo., serving certain inter­ POWELL, 801 West 64th Terrace, Kan­ rights sought to be transferred: Such mediate points; and passengers and their baggage, between Little Rock, Ark., and sas City, Mo., GEORGE E. POWELL, JR., merchandise as is ordinarily dealt in by 1040 West 57th Street, Kansas City, MO., retail stores, premium redemption com­ Camp Joseph T. Robinson, Ark., serving and LESTER H. BRICKMAN, 6419 panies, and mail-order houses, as a no intermediate points. JEFFERSON Belinder, Shawnee Mission, Kans., of common carrier, over irregular routes, LINES, INC., is authorized to operate as a common carrier in Minnesota, Missouri, control of such rights and property from Camden, N.J.,~to New York, N.Y., through the purchase. Applicants’ attor­ Washington, D.C., certain specified points and Iowa. Application has been filed for neys and representative: Axelrod, Good­ in New York, and points in Delaware, temporary authority under section man, and Steiner, 39 South La Salle Maryland, New Jersey and Pennyslvania, 210a(b ). N o t e : JEFFERSON LINES, Street, Chicago, HI. 60603, and Ernest W . with restriction; between New York, INC., controls CROWN COACH COM­ Freier, 228 North La Salle Street, Chi- N.Y., Washington, D.C., certain specified PANY, through ownership of capital [cago, 111. 60601. Operating rights sought points in Connecticut, New York, and stock pursuant to authority granted in to be transferred: Under a certificate of points in Delaware, Maryland, New Jer­ Docket No. MC-F-9562, consummated ¡registration, in Docket No. MC 120319 sey, and Pennsylvania, with restrictions. October 9, 1968. Sub-1, covering the transportation of Vendee is authorized to operate as a com­ By the Commission. ¡property, as a common carrier, in intra­ mon carrier in Pennsylvania, New York, [ seal] * H. N eil G arson, state commerce, within the State of Cali­ Maryland, Delaware, New Jersey, Secretary. fornia. Vendee is authorized* to operate Virginia, and the District of Columbia. as a common carrier in Illinois, Kansas, Application has been filed for temporary [F.R. Doc. 68-13419; Filed, Nov. 5, 1968; Oklahoma, Missouri, Texas, Indiana, authority under section 210a(b). 8:46 a.m.] Michigan, Ohio, and Kentucky. Applica­ M otor C arrier of P assengers tion has been filed for temporary author­ NOTICE OF FILING OF MOTOR CAR­ No. MC-F-10289. Authority sought for ity under section 210a(b). N o t e : MC- RIER INTRASTATE APPLICATIONS 112713 Sub 106 is a matter directly merger into JEFFERSON LINES, INC., related. 1114 Currie Avenue, Minneapolis, Minn. N ovember 1, 1968. 55403, of the operating rights and prop­ No. MC-F-10290. Authority sought for The following applications for motor erty of CROWN COACH COMPANY, 219 lease by BILL BILYEU, Post Office Box common carrier authority to operate in West Second Street, Joplin, Mo. 64801, 948 Commercial Station, Springfield, intrastate commerce seek concurrent and for acquisition by JEFFERSON Mo., of the operating rights and property motor carrier authorization in interstate TRANSPORTATION CO., also of Minne­ Of NORTH CENTRAL TRUCK LINES, or foreign commerce within the limits of apolis, Minn., and GREYHOUND LINES, INC., 2136 East Kearney, Springfield, Mo. the intrastate authority sought, pursuant INC., 10 South Riverside Plaza, Chicago, 65303. Applicants’ attorney: David D. to section 206(a) (6) of the Interstate 111. 60606, of control of such rights and Brunson, Post Office Box 671, Oklahoma Commerce Act, as amended October 15, property through the transaction. Appli­ City, Okla. 73101. Operating rights 1962. These applications are governed by cants’ attorney: J. G. Dail, Jr., 1815 H sought to be leased: New and used store Special Rule 1.245 of the Commission’s Street NW., Washington, D.C. 20006. Op­ fixtures, and stock in trade of drug stores, rules of practice, published in the F ed­ erating rights sought to be merged: Pas­ as a common carrier, over irregular eral R egister, issue of April 11, 1963, sengers and their baggage, and express, routes, between points in Illinois, In­ page 3533, which provides, among other mail, and newspapers in the same vehicle diana, Iowa, Kentucky, Michigan, Minne­ things, that protests and requests for in­ with passengers, as a common carrier, sota, Missouri, Nebraska, Ohio, and W is­ formation concerning the,time and place over regular routes, between Kansas City, consin. BILL BILYEU, holds no author- of State Commission hearings or other Mo., and Little Rock, Ark., serving all ty from this Commission. However, he proceedings, any subsequent ^changes intermediate and certain off-route points, is affiliated with BILYEU R EFR IG E R - therein, and any other related matters between junction U.S. Highway 71 and TRANSPORT CORPORATION, shall be directed to the State Commission U.S. Highway 71 Bypass and junction 105 East Dale St., Springfield, Mo., with which the application is filed and Missouri Highway 58 and U.S. Highway nich is authorized to operate as a com- shall not be addressed to or filed with the 71, serving all intermediate points, be­ on carrier in Kansas, Missouri, Interstate Commerce Commission. tween Holmes Park, Mo., and Kansas Louisiana, Alabama, Iowa, Florida, State Docket No. MT-2402, filed orgia, Oklahoma, Minnesota, Ar- City, Mo., serving the site of the Pratt- Whitney Plant as an intermediate point, October 15, 1968. Applicant: G A R Y r'nntas’^ e^ras^a’ Massachusetts, Maine, VAN BUI TEN & GARY VAN BUITEN, fwewfc.: Vermont, New Hampshire, between Harrisonville, Mo., and Clinton, Mo., serving all intermediate points and JR., a partnership, doing business as de Island, New York, New Jersey, G. VAN BUITEN & SON, Midland . » t o , Pennsylvania, West the off-route point of Urich, Mo., between Clinton, Mo., and Fort Leonard Wood, Hill, Box 329, Oxford, N.Y. Applicant’s cw v la’ ^ irginia> South Carolina, North representative: Palmer, Hankin, Payton, iJSSf* Illinois, Indiana, Kentucky, Mo., serving all intermediate points, be­ tween Lamar, Mo., and Springfield, Mo., and Hanifan, 117 Hawley Street, Bing­ Tpwi«8^to Mississippi, Ohio, Tennessee, serving all intermediate points and the hamton, N.Y. 13901. Certificate of public dS o AS? nsin- North Dakota, South off-route point of Everton, Mo., between convenience and necessity sought to op­ ColnmK- C°*ora(Io, and the District of Lanagan, Mo., and Siloam Springs, Ark., erate a freight service as follows: Trans­ t J S ~ ia- Application has been filed for portation of Poles, crossarms, insulators (b) Porary authority under section 210a between Gravette, Ark., and Bentonville, and othtr materials for electric trans­ Ark., between Fayetteville, Ark., and mission, telephone, and telegraph lines, Pun?wC~Fm10291’ Authority sought Ozark, Ark., between junction U.S. High­ between all points in the territory com­ Purchase of TOSE, INC., 64 W est Foi way 65 and Missouri Highway 52, and prised of the following counties in New

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16320 NOTICES

York State: Broome, Delaware, Che­ J Notice 725] Ind., to points in Ohio and Kentucky nango, Cortland, Madison, Sullivan, MOTOR CARRIER TEMPORARY for 150 days. Supporting shipper Tioga, and Tompkins. Both intrastate Chicago Fly Ash Co., 3525 West Peterson and interstate authority sought. AUTHORITY APPLICATIONS Avenue, Chicago, 111. 60645. Send pro- HEARING: Not yet assigned. Requests N ovember 1,1968. tests to: Ellis L. Annett, District Super­ for procedural information, including the The following are notices of filing of visor, Bureau of Operations, Interstate time for filing protests, concerning this applications for temporary authority Commerce Commission, 677 Federal application should be addressed to the under section 210(a) of the Interstate Building, Des Moines, Iowa 50309. New York Public Service Commission, 44 Commerce Act provided for under the No. MC 112750 (Sub-No. 262 TA),filed Holland Avenue, Albany, N.Y. 12208, and new rules of Ex Parte No. MC-67 (49 October 30, 1968. Applicant: AMERICAN should not be directed to the Interstate CFR Part 340) published in the F ederal COURIER CORPORATION, 2 Nevada Commerce Commission. R egister, issue of April 27, 1965, effective Drive, Lake Success, N.Y. 11040. Appli­ State Docket No. MC-4470 (Sub-No. July 1, 1965. These rules provide that cant’s representative : Gerard L. Peace 6), filed October 22, 1968. Applicant: protests to the granting of an application (same address as above). Authority POTTER FREIGHT LINES, INC., Post must be filed with the field official named sought to operate as a contract carrier, Office Box 428, Sparta, Tenn. 38583. Ap­ in the F ederal R egister publication, by motor vehicle, over irregular routes! plicant’s representative: Clarence Evans, within 15 calendar days after the date transporting: Commercial papers, docu­ 1800 Third National Bank Building, of notice of the filing of the application ments, written instruments, and business Nashville, Tenn. 37219. Certificate of is published in the F ederal R egister. records (except currency) and (ne­ public convenience and necessity sought One copy of sUch protest must be served gotiable securities) as are used in the to operate a freight service as follows: on the applicant, or its authorized rep­ business of banks and banking Insti­ Transportation of general commodities, resentative, if any, and the protests must tutions, t l) between Battle Creek, Mieh„ excluding used household goods and certify that .such service has been made. on the one hand, and, on the other, commodities in bulk, between Nashville, The protests must be specific as to the points in Ohio; (2) between Davenport, Tenn., via Interstate Highway 40, with service which such protestant can and Iowa, on the one hand, and, on the other, this authority to be used in both inter­ will offer, and must consist o f a signed points in Illinois, north of Highway 136, state and intrastate commerce and to original and six copies. and points in Iowa (over routes in Illinois be used with all of applicant’s existing A copy of the application is on file, for operating convenience only); (3) authority so as to provide service be­ and can be examined at the Office of the between Chicago, HI., on the one hand, tween all points served by applicant and Secretary, Interstate Commerce Com­ and, on the other, Greenfield, Nobles- Memphis, Tenn. Both intrastate and mission, Washington, D.C., and also in ville, and Fishers, Ind., for 180 .days. Sup* interstate authority sought. the field office to which protests are to porting shippers: Security National HEARING: Wednesday, December 11, be transmitted. Bank of Battle Creek, Battle Creek, 1968, at 9:30 a.m., Tennessee Public Mich.; Davenport Bank and Trust Co., Service Commission Court Room, C -l M otor Carriers op P roperty JDavenport, Iowa; Greenfield Banking Cordell Hull Building, Nashville, Tenn. No. MC 59317 (Sub-No. 8 TA), filed Co., 10 East Main Street, Greenfield, Ind Requests for procedural information in­ October 30, 1968. Applicant: BISOM 46140; Wainwright Bank & Trust Co, cluding the time for filing protests con­ TRUCK LINE, INC., 725 First Street 949 Conner Street, Noblesville, Ind cerning this application should be ad­ North, Newton, Iowa 50208. Applicant’s 46060. Send protests to: E. N. Carignan, dressed to the Tennessee Public Service representative: W illiam A. Landau, 1451 District Supervisor, Interstate Commerce Commission, C -l Cordell Hull Building, East Grand Avenue, Des Moines, Iowa .Commission, Bureau of Operations, 26 Nashville, Tenn. 37219, and should not 50306. Authority sought to operate as a Federal Plaza, New York, N.Y. 10007. be directed to the Interstate Commerce common carrier, by motor vehicle, over No. MC 116815 (Sub-No, 6 TA), filed Commission. irregular routes, transporting: House­ October 30, 1968. Applicant: RONNIE State Docket No. 4714 (Sub-No. 2), hold food waste disposers, in mixed W ILLIAM S LTD., 756 Frances Road filed October 29, 1968. Applicant: HOW­ shipments with household washers and Richmond, British Columbia, Canada, ARD L. JORGENSEN, doing business as driers, from Newton, Iowa, to Fargo, N. Applicant’s representative: J. Stewart B & T TRUCK LINE, Brigham City, Utah. Dak., points in Minnesota, Nebraska, Black, 1322 Laburnum Street, Van Applicant’s representative: Raymond W. South Dakota, Wisconsin, and those in couver 9, British Columbia, Canada. Au Gee, 400 Executive Building, Salt Lake Illinois (except points in Adams, Bond, thority sought to operate as a common City, Utah. Certificate of public conven­ Brown, Calhoun, Cass, Christian, Clin­ carrier, b y motor vehicle, over irregular ience and necessity sought to operate a ton, Fayette, F'ulton, Greene, Hancock, routes, transporting: Horses, other than freight service as follows: Transporta­ Jersey, Logan, Macoupin, Madison, Mar­ ordinary, and, in the same vehicle with tion of general commodities, between all ion, Mason, McDonough, Menard, Mont­ such horses, stable supplies and equip­ points and places within the area in­ gomery, Morgan, Moultrie, Pike, ment used in their care and exhibits mascots, and personal effects of attend­ cluded in Brigham City, Utah, and the Sangamon, Scott, Shelby, Tazewell, 25-mile radius of the boundaries thereof; Washington, Champaign, Clark, Coles, ants, trainers, and exhibitors, between ports of entry on the United States- provided, however, such transportation Crawford, Cumberland, De Witt, Doug­ Canada boundary line at or near Blarn^ shall exclude transportation of com­ las, Edgar, Effingham, Henderson, Henry, modities in bulk and household goods. Jasper, Knox, Macon, Mercer, Piatt, Rock Sumas, and Lynden, Wash., on the hand, and, on the other, points in cau- On return movements applicant proposes Island, Stark, Vermilion, Warren, and to engage in the same operation. Both fom ia, for 180 days. Note: Applicant ir Whiteside Counties, 111.), for 180 days. tends to tack with MC-116815 (Sub-Na intrastate and interstate authority Supporting shipper: The Maytag Co., 4 ). Supporting shippers: B.C. Jockc* sought. Newton, Iowa 50208. Send protests to: Club, Exhibition Park, Vancouver HEARING: December 11,1968,10 a.m., Ellis L. Annett, District Supervisor, Bur­ 330 East Fourth South' Street, Salt Lake eau of Operations, Interstate Commerce British Columbia, Canada; mond, 105 North Commercial Dnv: City, Utah. Requests for procedural in­ Commission, 677 Federal Building, Des Vancouver 6, British Columbia, formation, including the time for filing Moines, Iowa 50309. protests, concerning this application Cline Hoggard, 355 Ferguson ^ No. MC 107496 (Sub-No. 687 T A ), filed Richmond, British Columbia Canaaa should be addressed to the State of Utah October 30, 1968. Applicant: RUAN Department’ of Business Regulation, 330 Frank McMahon Stables, me., TRANSPORT CORPORATION, Keosau- Georgia Street, Vancouver 5 Britisn c East Fourth South Street, Salt Lake City, qua W ay at Third, 50309, Post Office Box Utah 84111. lumbia, Canada; My Glory stockB^ £ 855, Des Moines, Iowa 50304. Applicant’s 1300 Blundell Road, Richmond, B By the Commission. representative: H. L. Fabritz (same ad­ Columbia, Canada. Send prottete 0f dress as above). Authority sought to [seal] H. N eil G arson, J. Casey, District Supervisor, Bureau^ Secretary. operate as a common carrier, by motor Operations, Interstate Comme ^ mission, 6130 Arcade Building, Seatu {F.R. Doc. 68-13420; Filed, Nov. 5, 1968; vehicle, over irregular routes, transport­ 8:46 a.m.] ing: Fly ash, in bulk, from Indianapolis, Wash. 98101.

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 NOTICES 16321

No MC 117883 (Sub-No. U 6 T A ), ming; (b) from points in Louisiana, must be specified in their petitions with filed October 28, 1968. Applicant: SU B - Washington, Oregon, California, Nevada, particularity. ¡JSR TRANSFER, INC., East Main Idaho, Montana, Wyoming, Utah, Ari­ No. MC-FC-70843. By order of October Street, Post Office Box 62, Versailles, zona, Colorado, New Mexico, North 28, 1968, the Transfer Board approved Ohio 45380. Applicant’s representative; Dakota, South Dakota, Nebraska, Kan­ the transfer to Anthony Pallotta and Edward J. Subler (same address as sas, Oklahoma, Texas, Minnesota, Iowa, Frank Pallotta, a partnership, doing above). Authority sought to operate as Missouri, Arkansas, Wisconsin, Illinois, business as Pallotta Bros., Bergenfield, a common carrier, by motor vehicle, Mississippi, Michigan, Indiana, Ohio, N.J., of the operating rights in permit .over irregular routes, transporting: Tennessee, Alabama, Georgia, Florida, No. M C-127787 issued July 15, 1966, to ¡Meats, meat products, meat byproducts, South Carolina, North Carolina, Mary­ Michael J. Polito, doing business as land articles distributed by meat pack­ land, Connecticut, Massachusetts, and M. J. P. Trucking & Rental Service, 217 inghouses (except hides and commodi­ Pennsylvania, to points in Idaho, Wyo­ Post Avenue, Lyndhurst, N.J., 07071 au­ ties in bulk tank or hopper-type vehicles) ming, North Dakota, South Dakota, Ne­ thorizing the transportation of foodstuffs las described in sections A and C of ap­ braska, Kansas, Oklahoma, Texas, Min­ (other than frozen), except in bulk in pendix I to the report in Descriptions in nesota, Iowa, Missouri, Arkansas, Louisi­ tank vehicles, between the plantsite of Motor Carrier Certificates 61 M.C.C. 209 ana, Wisconsin, Illinois, Michigan, In­ B. Manischewitz Co., at Jersey City, N.J., and 766, from the plantsite of John Mor­ diana, Ohio, and Mississippi; and and the warehouse of the same shipper at rell & Co. located at Ottumwa, Iowa, to (c) Supplies, equipment and displaysRutherford, N.J., on the one hand, and, points in Ohio, Pennsylvania, Michigan, owned by and moving between ware­ on the other, Hewlett, N.Y., under con­ |New York, Maryland, District of Colum­ houses, plants and yards of William T. tinuing contract with the B. Manischew­ bia, Massachusetts, Connecticut, Rhode Joyce Co. in Iowa, Missouri, Nebraska, itz Co., Jersey City, N.J. George A. Olsen, Island, Maine, New Hampshire, Ver­ Illinois, and Louisiana, no duplicating 69 Tonnele, Jersey City, N.J., representa­ mont, West Virginia, Virginia, New authority is sought, and no authority is tive for transferee. Jersey, and Delaware, for 180 days. Sup­ sought to transport between points in any No. MC-FC-70852. By order of Octo­ porting shipper: John Morrell & Co., one state, for 150 days. N o t e : The pur­ ber 28, 1968, the Transfer Board ap­ jottumwa, Iowa. Send protests to: Emil pose of this republication is to set forth proved the transfer to Interior Motor P. Schwab, District Supervisor, Inter­ that the above commodities will be trans­ Freight, Inc., The Dalles Oreg., of cer­ state Commerce Commission, Bureau of ported in other than bulk, under con­ tificate No. M C-118834, issued December Operations, 1010 Federal Building, 550 tinuing contract with William T. Joyce 7, 1964, to Giles C. Parman, doing busi­ ¡Main Street, Cincinnati, Ohio 45202. Co., which information was inadvertently ness as Interior Motor Freight, Maupin, I No. MC 133233 T A (Correction), omitted from previous publication. Sup­ Oreg., authorizing the transportation of filed October 16, 1968, published F ederal porting shipper: Williafn T. Joyce Co., general commodities, except household Register, issue of October 25, 1968, and 2030 Second Avenue, Council Bluffs, goods and petroleum products, in bulk, in republished as corrected this issue. Ap­ Iowa 51501. Send protests to: Keith P. tank vehicles, between The Dalles, Oreg., plicant: CLARENCE L. W ERNER, do­ Kohrs, District Supervisor, Interstate and Madras, Oreg., serving, all interme­ ing business as W ERNER EN TER­ Commerce Commission, Bureau of Op­ diate points, and serving off-route points PRISES, 805 32d Avenue, Council Bluffs, erations, 705 Federal Office Building, within 1 mile of certain specified high­ Iowa 51501. Applicant’s representative: Omaha, Nebr. 68102. ways and those within 3 miles of all towns served on the specified highway Einar Viren, 904 City National Bank By the Commission. Building, Omaha, Nebr. Authority subject to certain restrictions. John G. sought to operate as a contract carrier, [ seal] H. N eil G arson, McLaughlin, 624 Pacific Building, Port­ J)y motor vehicle, over irregular routes, Secretary. land, Oreg. 97204, attorney for appli­ transporting: Lumber, lumber products, [P.R. Doc. 68-13421; Filed, Nov. 5, 1968; cants. forest products, building, construction, 8:46 a.m.] No. MC-FC-70862. By order of Octo­ : end insulating materials and supplies ber 24,1968, the Transfer Board approved the transfer to Banks Ray, Jr., doing as defined in Ex Parte M C-45, including [Notice 241] but not limited to lumber, forest prod­ business as Nashville Trucking Co., Nash­ ucts, wood products, steel, iron, alumi­ MOTOR CARRIER TRANSFER ville, Ark., of the operating rights in num, copper, tin, brass, plastics, vinyls, PROCEEDINGS permit No. MC-127453 (Sub-No. 1) is­ synthetics, clay, fiberglass, wool fibers, sued February 21, 1966, to Louis B. Mize, asbestos, asphalt, paper, paper prod­ N ovember 1, 1968. Little Rock, Ark., authorizing the trans­ ucts, cement, cement products, minerals, Synopses of orders entered pursuant to portation of wooden boxes, and wooden mineral products, mineral wool, vermic- section 212(b) of the Intérstatè Com­ baskets and wooden basket covers from blite, glass, and glass products, when merce Act, and rules and regulations pre­ the plantsite of Nashville Basket Co., at used in combinations of, compositions of, scribed thereunder (49 CFR Part 1132), Nashville, Ark., to points in Hidalgo, Cameron, Dimmit, Zavala, Maverick, when manufactured from, prefabricated appear below: Webb, Willacy, Starr, and Bexar Coun­ iroim laminated or glued with or to As provided in the Commission’s gen­ ties, Tex., and Colorado and Florida, re­ finished, primed, printed, painted, eral rules of practice any interested per­ stricted to a continuing contract or con­ stained, preserved, treated, sealed, pre- son may file a petition seeking recon­ tracts with Nashville Basket Co., of cut, machined, made with or from any sideration of the following numbered pro­ Nashville, Ark. Louis Tarlowski, 914 r all of the foregoing or any combina- ceedings within 30 days from the date of Pyramid Life Building, Little Rock, Ark. ions thereof; (a) between points in service of the order. Pursuant to section 72201, attorney for applicants. ’ , North Dakota, South Dakota, 17(8) of the Interstate Commerce Act, raska, Kansas, Oklahoma, Texas, the filing of such a petition will post­ [ seal] H. N eil G arson, mnesota, Iowa, Missouri, Arkansas, pone the effective date of the order in Secretary. Louisiana, Wisconsin, Illinois, Missis­ that proceeding pending its disposition. [F.R. Doc. 68-13422; Filed, Nov. 5, 1968; sippi, Michigan, Indiana, Ohio, and W yo­ The matters relied upon by petitioners 8:4J7 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 217— WEDNESDAY, NOVEMBER 6, 1968 16322 FEDERAL REGISTER

CUMULATIVE LIST O F PARTS AFF-ECTED— NOVEMBER

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 November.

3 CFR Page 1 9 CFR Page 36 CFR Pag* E xec u tive O rder: 16____ L ______16056 P roposed R u l e s : 5327 (modified by PIO 4547)-. 16145 Proposed R u l e s; 7______16121 14— ______16118 5 CFR 38 CFR 550______16141 21 CFR 2 ______:___ 120 ____ 16271 16088 3 ______121 ______16271, 16272 16273 7 CFR 36— ______16088 26______16065 P roposed R u l e s : 6 i ____ ;______16114 3 ____ — _____ 16283 39 CFR 722______16066 c h . i ___:______755______— 16141 22 CFR 16275 831______798______:___ 16070 22 ______16273 16109 814______16115 847______16070 23 CFR 41 CFR 874______16071 P roposed R u le s; 8 -1 ______16113 905______16271 257______16089 8 -4 ______16113 910______16116 Ch. 11______16202 919______— 16141 24 CFR 1 4 -1______i___ 16276 16116 1097______5______,______16071 14-30______16276 16142 1421______51______16071 Ch. 12B______16202 16071 1483______52______:______16072 P roposed R u l e s : P roposed R u l e s : 200______16073 50 -2 0 4 — ______16284 967______16147 207______16073 213______16073 42 CFR 10 CFR 220 ______16074 221 ______16074 57______16278 P roposed R u l e s : 231 ______16074 30______~ ______16089 232 ___ 16074 43 CFR 32______16089 233 ______16075 20______16144 235 ______16075 3170______16145 236 _ 16082 12 CFR P ublic L and O rders: 237 ______:______16086 _ 16142 16145 610______240 ______16086 4547______— 670______^ 16 109 241 ______16086 P roposed R u l e s : P roposed R u l e s : 1000______16086 23______16121 545______16126, 16150 1100______16086 547______16150 45 CFR 549______: _____ 16150 25 CFR 16146 563______16152 43e______16086 801______P roposed R u l e s : 14 CFR 177______16119 46 CFR 16056 4 3 -______16273 309______1-1 71______16109 26 CFR 73______16109 P roposed R u l e s; 47 CFR 77______16056 1______16118 97______16057 P roposed R u l e s : 177 ______16285 16091 2 ______P roposed R u l e s : 178 ______— 16285 16091 81______— ------______16147 16091 25______83— ___ :— ------— 71______16125, 16284,16285 29 CFR 121______16147 60______— _ 16142 207______,_____ 16149 49 CFR 208— ______16149 32 CFR P roposed R u l e s : 212- ______16149 16125 196______— ______16110 293 — — ------16301 241______— £ _____16126 1456______„£ 16143 1056— ------— 297______16149 32A CFR 50 CFR BDSA (Ch. VI) : 16113,16145 18 CFR 3 2 - ______M -1 1 A ______16143 16146 33— ------P roposed R u l e s : M-11A, Dir. 1______16143 -16114 295______101______- ______16126 16278 351— ______— 141— ______— 16126 33 CFR P roposed R u l e s : 201______— ______16126 110______— 16144 16280 260______16126 117______- ______16144 240______- ______