FEDERAL REGISTER VOLUME 33 • NUMBER 21
Wednesday, January 31, 1968 • Washington, D.C. Pages 2365-2423 PART I (Part II begins on page 2419)
Agencies in this issue— Agricultural Stabilization and Conservation Service Air Force Department Atomic Energy Commission Coast Guard Commerce Department Commodity Credit Corporation Comptroller of the Currency Consumer and Marketing Service Contract Appeals Board Customs Bureau Federal Aviation Administration Federal Crop Insurance Corporation Federal Highway Administration Federal Maritime Commission Federal Power Commission Federal Trade Commission Food and Drug Administration General Accounting Office General Services Administration Immigration and Naturalization Service Interior Department Interstate Commerce Commission National Park Service National Science Foundation Public Contracts Division Securities and Exchange Commission Social Security Administration Soil Conservation Service State Department Tariff Commission Wage and Hour Division Detailed list o f Contents appears inside.
No. 21—Pt. i ------1 Now Available
LIST OF CFR SECTIONS AFFECTED
1949-1963
This volume contains a compilation of the “List of Sections Affected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. A ll sections of the CFR which have been expressly affected by documents published in the daily Federal Register are enumerated.
Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date dur ing the period covered.
Price $6.75
Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402
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AGRICULTURAL STABILIZATION COMMODITY CREDIT FEDERAL MARITIME AND CONSERVATION SERVICE CORPORATION COMMISSION Rules and Regulations Rules and Regulations Proposed Rule Making Cigar-filler (Type 41) tobacco; Rules of Contract Disputes Board- Exemptions from tariff filing re national marketing quota------2378 for Commodity Credit Corpora quirements: National agricultural conserva tion; cross reference regarding Domestic and foreign non tion; allocation of funds among supersedure of part______2380 vessel operating common car States------2377 riers of used household goods. 2392 Small vessel operations______2392 Notices * ^ COMPTROLLER OF THE Cigar-filler (Type 41) tobacco; CURRENCY FEDERAL POWER COMMISSION notice of referendum------2398 Rules and Regulations Rules and Regulations Registration of securities of new Constructed major and minor AGRICULTURE DEPARTMENT national banks and filing of project license applications; ex See Agricultural Stabilization and registration statement and use hibit relating to fish and wildlife Conservation Service; Commod of offering circular______2381 resou rces______2383 ity Credit Corporation; Con Notices sumer and Marketing Service; CONSUMER AND MARKETING Contract Appeals Board; Soil Hearings, etc.: Conservation Service. SERVICE Cities Service Gas Co______2404 Rules and Regulations Mitchell, George & Associates, Inc., et al______2402 AIR FORCE DEPARTMENT Raisins produced from grapes Sinclair Oil & Refining Co., et al_ 2404 grown in California; correc- Rules and Regulations tion______2380 FEDERAL TRADE COMMISSION Shipment limitations: Administrative claims; miscel Rules and Regulations laneous amendments______2385 Grapefruit grown in Lower Rio Grande Valley in Texas_____ 2379 Administrative opinions and rul Oranges: ings; publication of dealer sales ATOMIC ENERGY COMMISSION Grown in Florida______2378 standards announcing policy of not selling to dealers who ad Rules and Regulations Grown in Lower Rio Grande Valley in Texas______2379 vertise sale prices______2382 Certain nuclear reactors exempted Proposed Rule Making from licensing requirements, CONTRACT APPEALS BOARD procedures for review; licensing Fur and fur products; extension of production and utilization Rules and Regulations of time for filing further com facilities______2381 Organization, functions, and rules ments ______2393 Notices of procedure______— 2420 FOOD AND DRUG Agreement between AEC and State CUSTOMS BUREAU ADMINISTRATION of Colorado; discontinuance of Rules and Regulations certain Commission regulatory Rules and Regulations Bufotenine et al.; conditions for authority and responsibility Sugar content of certain articles within State—______2400 from Australia; countervailing investigational use______2384 Consumers Power Co.; proposed duties______2383 GENERAL ACCOUNTING issuance of amendment to op OFFICE erating license_____,______2402 DEFENSE DEPARTMENT Trespassing on Commission prop Rules and Regulations See Air Force Department. erty: Employee responsibilities and con Brookhaven National Labora duct ______2369 to r y -M a in Site______2400 FEDERAL AVIATION Brookhaven National Labora ADMINISTRATION GENERAL SERVICES tory-North BNL Site— ____ 2401 Savannah River Plant Site____ 2402 Notices ADMINISTRATION Weldon Spring Feed Materials Ketchikan Airport; notice of hear Notices Production Center______2402 ing regarding location______2399 Safety and health standards for Westinghouse Electric Corp.; no Federal service contracts; revi tice of filing of petition______2399 FEDERAL CROP INSURANCE sion of clause______2404 CORPORATION COAST GUARD HEALTH, EDUCATION, AND Rules and Regulations WELEARE DEPARTMENT Rules and Regulations Federal crop insurance: See Food and Drug Administra Baines Creek, Va.; drawbridge op Barley endorsement______2375 tion; Social Security Adminis eration regulations—______2387 Com grain-silage endorsement. 2376 tration. Wheat endorsement______2376 COMMERCE DEPARTMENT IMMIGRATION AND Notices FEDERAL HIGHWAY NATURALIZATION SERVICE ADMINISTRATION Rules and Regulations nniiles an(t ; watch movemen v / P^hibiting transfers Rules and Regulations Fixing voluntary departure time and granting stays of deporta i66 qu°tas issued to p: Hazardous materials regulations; tion by special inquiry officers_ 2380 § 2 2 ? located in Virgin Islam stress corrosion in MC 330, and ^uam, and American Samoa. 2399 MC 331 cargo tanks______2389 (Continued on next page) 2367 2368 CONTENTS
INTERIOR DEPARTMENT NATIONAL SCIENCE STATE DEPARTMENT See also National Park Service. FOUNDATION Notices Notices Rul es and Regulations Assistant Secretary for Economic Watches and watch movements; Standards of conduct of employees Affairs; delegation of author policy prohibiting transfers of and consultants; correction____ 2388 ity------2398 duty-free quotas issued to pro Lakehead Pipe Line Co.; notice ducers located in Virgin Islands, PUBLIC CONTRACTS DIVISION of application for Presidential Guam, and American Samoa; cross reference______2398 Rules and Regulations permit------2398 Minimum wage determinations; INTERSTATE COMMERCE adjustment to wage increases._ 2388 TARIFF COMMISSION Notices COMMISSION SECURITIES AND EXCHANGE Workers’ petition for determina Notices COMMISSION tion of eligibility to apply for Motor carrier: Rules and Regulations Alternate route deviation no adjustment assistance; notice ices ___:______2407 Registration by certain successor of investigation______2405 Application and certain other issuers.------2382 proceedings______2410 Proposed Rule Making TRANSPORTATION DEPARTMENT Intrastate applications------— 2413 New York Stock Exchange com See Coast Guard; Federal Avia Temporary authority applica mission rate proposals and pro- tion Administration; Federal tions _____ 2314 ' posed S.E.C. rule on give-ups__ 2393 Transfer proceedings______: 2314 Highway Administration. Pacific Inland Territory; in Notices creased rates and charges— ------2407 Hearings, etc.: TREASURY DEPARTMENT Berlin Doman Helicopters, Inc_ 2405 See Comptroller of the Currency; JUSTICE DEPARTMENT North American Research & De Customs Bureau. velopment Corp______2405 See Immigration and Naturaliza W AGE AND HOUR DIVISION tion Service. SOCIAL SECURITY ADMINISTRATION Rules and Regulations LABOR DEPARTMENT Nursery stock storing and packing See Public Contracts Division; Rules and Regulations industry; industries of a sea Wage and Hour Division. Federal health insurance for the sonal nature and industries aged; correction. ------2384 with marked seasonal peaks of NATIONAL PARK SERVICE SOIL CONSERVATION SERVICE operation______2384 Notices Notices Rules and Regulations Great Smokey Mountains Na Certificates authorizing employ tional Park, Tenn.; Foothills Great Plains Conservation Pro ment of learners at special min Parkway; jurisdiction over cer gram; eligible conservation tain lands— ------2398 practices______2377 imum wages______2405 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affectedby 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 sec i affected by documents published since January 1, 1968, and specifies how they are affected.
16 CFR 29 CFR 4 CFR _ 2384 6___ e______— ______2369 1 R 2382 526. P roposed R ules: 32 CFR 7 CFR 301 ______2393 401 <3 documents) *2375, 2376 842. 2385 601______2377 17 CFR 701______—______2377 33 CFR ____ 2378 230 ______2382 2387 723______117 905 ______2378 P roposed R ules : 906 (2 documents). ____ 2379 240______2393 ____ 2380 41 CFR 989______. 2388 1400______2380 18 CFR 50 ÎJ02 2400______2420 4 ______2383 45 CFR 8 CFR 131______2383 Ann 2388 242 ______:____ 2380 19 CFR 243 ______2380 46 CFR 244 ______2380 16 ______2383 P roposed R ules; 2392 10 CFR 20 CFR 2392 50______2381 536 115______2381 405 ______r ______2384 49 CFR 2389 12 CFR 21 CFR 1 7 Rules and Regulations Sec. a firm, a partnership, a society, a joint Title 4— ACCOUNTS 6.43 Where to submit statements. stock company, or any other organiza 6.44 When to submit statements. tion or institution. 6.45 Supplementary statements. (d) “Former employee” means a Chapter I— General Accounting Office 6.46 Interests of employees’ relatives. 6.47 Information not known by employees. former General Accounting Office em SUBCHAPTER A— GENERAL PROCEDURES 6.48 Information not required. ployee or former special Government em 6.49 Confidentiality of statements. ployee, as defined in paragraph (b) of e m p l o y e e r e s p o n s i PART 6— 6.50 Review of statements by the Comptrol this section. bilities AND CONDUCT ler General. (e) Words importing the masculine 6.51 Review of statements by heads of divi gender include the feminine as well, and Part 6 is revised in its entirety as sions or offices. words importing the plural include the follows: 6.52 Findings of no conflict of interest. 6.53 Findings of conflict oi interest. singular. Subpart A— General Provisions 6.54 Effect of employees’ statements on other § 6.3 Interpretation and advisory serv Sec. requirements. ice. 6.1 Purpose of part. 6.55 Specific provisions for special Govern 6.2 Definitions. ment employees. The General Counsel, with the ap 6.3 Interpretation and advisory service. 6.56 Waiver of statements from certain spe proval of the Comptroller General, shall 6.4 Appointment of deputy counselors. cial Government employees. designate a counselor for the General 6.5 Compliance. 6.57 Time for submission of statements by Acounting Office who shall be respon 6.6 Disciplinary and other remedial action. special Government employees. sible for the coordination of counseling 6.7 Effecting disciplinary and remedial 6.58 Circumstances requiring statements actions. from special Government employees. service provided under § 6.4 and for 6.8 Distribution of regulations. assuring that counsel and interpreta 6.9 Access to pertinent laws and related Authority : This Part 6 issued under sec. tions on questions of conflicts of interest materials. 311, 42 Stat. 25, as amended, 31 UJS.C. 52. matters covered by this part are avail Interpret or apply 18 U.S.C. 201-218. Subpart B— Regulations Governing Ethical and able to deputy counselors designated Other Conduct and Responsibilities of Employees Subpart A— General Provisions under § 6.4. 6.10 General policy on conduct. § 6.1 Purpose of part. § 6.4 Appointment of deputy counse 6.11 Proscribed actions. lors. The Government service requires the 6.12 Gifts, entertainment, and favors. Subject to the approval of the Comp 6.13 Permissible gifts, entertainm ent, and maintenance of unusually high standards favors. of honesty, integrity, impartiality, and troller General, the counselor named in 6.14 Gifts to superiors. conduct by Government employees and § 6.3 may designate, when appropriate 6.15 Gifts from foreign governments. special Government employees to assure and needed, deputy counselors to assist 6.16 Reimbursement of travel and living the proper performance of Government General Accounting Office employees and expenses. business and the maintenance of confi special Government employees. Deputy 6.17 Indebtedness of employees. counselors designated under this para 6.18 Reports on indebtedness. dence by citizens in their Government. 6.19 Gambling, betting, and lotteries. This is especially true of service in the graph shall be qualified and in a position 6.20 Use of Government property. U.S. General Accounting Office because to give authoritative advice and guidance 6.21 Misuse of information. of the unique functions and special trust to employees and special Government 6.22 Prohibited financial interests. placed upon the Office. General Account employees who seek advice and guidance 6.23 Bribery, graft, and conflicts of interest. ing Office employees and special Govern on conflicts of interest questions. In 6.24 Conflicts resulting from assignments. ment employees are therefore expected those divisions where no deputy coun 6.25 Disqualification procedure. and required to exercise informed judg selor has been, designated, the counselor 6.26 Nondisqualifying interests. for the General Accounting Office will 6.27 Outside employment and other ments to avoid misconduct and conflicts activity. of interest and the appearance of con be available to assist the employees and 6.28 Articles and speeches. flicts of interest. In accordance with special Government employees. «on °* ar^ c^es and speeches. these concepts, this part sets forth the § 6.5 Compliance. 6.30 General conduct prejudicial to the regulations and policies of the General Government. Accounting Office which prescribe stand The heads of divisions and offices shall 6.31 Miscellaneous statutory provisions. ards of conduct and responsibilities in be responsible for seeing that this part cluding requirements for reporting is fully complied with in their respective Subpart C— Regulations Governing Ethical and divisions or offices and for issuing what ther Conduct and Responsibilities of Special employment and financial interests for Government Employees its employees and special Government ever supplementary instructions are employees. deemed desirable. Except as otherwise 6.32 Use of Government employment. specifically provided, any matter coming use of inside information. § 6.2 Definitions. J4 Teaching, lecturing, and writing. within the provisions of this part arising 6.35 Coercion. In this part: in the General Accounting Office will be (a) “Employee” means an officer or fi^7 entertainment, and favors. referred immediately by the head of divi ' Miscellaneous statutory provisions. employee of the General Accounting Of fice other than a special Government sion or office or other official concerned Subpart D Prohibited Activities by Former employee. to the Director of Personnel for ap Employees (b) “Special Government employee” propriate disposition. 6.38 Prohibited activities. means an officer or employee who is retained, designated, appointed, or em § 6.6 Disciplinary and other remedial ubparf E Regulations Governing Statements of action. mployment and Financial Interests ployed to perform, with or without com 6.39 (a) A violation of any of these regula ?£nn and content of statements, pensation, for a period not to exceed 130 6.40 ianployees required to submit state days during any period of 365 consecu tions by an employee or special Govern ments. tive days, temporary duties either on a 6.41 ment employee may be cause for full-time or intermittent basis (18 U.S.C. ^ '^ en ts68 no^ required to submit state- appropriate disciplinary action which 6.42 202). ^ ^ ee’s complaint on filing require- (c) “Person” means an individual, a may be in addition to any penalty corporation, a company, an association, prescribed by law. FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2370 RULES AND REGULATIONS (b) When, after consideration of the (e) Making a Government decision expenses of travel and such other neces explanation of the employee or special outside official channels; or sary subsistence as is compatible with Government employee provided by § 6.53, (f) Affecting adversely the confidence this part when not engaged on official the Comptroller General decides that of the public in the integrity of the Gov business. However, this section does not remedial action is required, he shall take ernment or its operations. allow an employee to be reimbursed, or immediate steps to end the conflicts of § 6.12 Gifts, entertainment, and favors. payment to be made on his behalf, for interest or the appearance of conflicts excessive personal living expenses, gifts, of interest. Remedial action may include, Except as provided in § 6.13 and § 6.16, entertainment, or other personal bene but is not limited to: an employee shall not solicit or accept, fits. When traveling on official business, (1) Changes in assigned duties; directly or indirectly, any gift, gratuity, no reimbursement may be accepted from (2) Divestment by the employee or favor, entertainment, loan, or any other private sources. thing of monetary value, from a person special Government employee of his con Note: Notwithstanding this section, the flicting interest; who: requirements relating to the acceptance of (3) Disciplinary action; or (a) Has, or is seeking to obtain, con contributions and awards, travel, subsistence, (4) Disqualification for a particular tractual or other business or financial and other expenses in section 4111(a), title assignment. relations with the Federal Government; 5, United States Code, and the regulations (b) Conducts operations or activities thereunder in Subpart G, Part 410, Book III, § 6.7 Effecting disciplinary and reme that are subject to audit, investigation, Supplement 990-1, Federal Personnel Man dial actions. decision, or regulation by the General ual, continue to apply. Remedial action, whether disciplinary Accounting Office; or § 6 .1 7 Indebtedness o f employees. or otherwise, shall be effected in accord (c) Has interests that may be sub ance with applicable laws and regula stantially affected by the performance An employee shall pay each just finan tions. or nonperformance of the employee’s cial obligation in a proper and timely official duty. manner, especially one imposed by law § 6.8 Distribution of regulations. such as Federal, State, or local taxes. A copy of these regulations shall be § 6.13 Permissible gifts, entertainment, For the purposes of this paragraph, a and favors. furnished each employee and special “just financial obligation” means one Government employee. Despite the limitations established by acknowledged by the employee or re §6.12, the following exceptions are made: duced to judgment by a court, and “in § 6.9 Access to pertinent laws and re (a) A gift, gratuity, favor, entertain a proper and timely manner” means in lated materials. ment, loan, or other similar favor of a manner which the General Accounting Copies of pertinent laws, the Executive monetary value may be accepted by the Office determines does not, in the cir order, Comptroller General's Orders, and employee when it or they stem from a cumstances, reflect adversely on the Of Civil Service Regulations and instruc family or personal relationship, such as fice as his employer. In the event of a tions relating to ethical and other con those between the employee and his par dispute between an employee and an duct will be made available in the Office ents, children, or spouse, and when the alleged creditor, this paragraph does not of Personnel upon request by employees circumstances make it clear that it is require the General Accounting Office to and special Government employees. those relationships rather than the busi determine the validity of the disputed ness of the persons concerned which are debt. Subpart B—-Regulations Governing the motivating factors. § 6.18 Reports on indebtedness. Ethical and Other Conduct and Re (b) Food and refreshments of nomi sponsibilities of Employees nal value may be accepted on infrequent While the General Accounting Office occasions in the ordinary course of a will not become a collection agency for § 6.10 General policy on conduct. luncheon or dinner meeting or other private creditors of an employee, each The personal demeanor of employees meeting or on an inspection tour where complaint of nonpayment of a debt will of the General Accounting Office is sub the employee may properly be in attend be referred to the employee concerned ject to the closest public and official ance. and the employee will be requested to scrutiny and as representatives of the (c) Loans from banks and other report in writing as to what he proposes Office they are judged by their personal financial institutions may be accepted on to do about the debt. associates and activities as well as by customary terms to finance the proper § 6.19 Gambling, betting, and lotteries. their official actions and conduct. In all and usual activities of employees, such An employee shall not participate, their dealings, employees of the General as home mortgage loans. Accounting Office shall so conduct them while on Government-owned or leased (d) Unsolicited advertising or promo property or while on duty for the Gov selves as to permit no reasonable basis tional Material, such as pens, pencils, for suspicion of unethical conduct or ernment, in any gambling activity in note pads, calendars, and other items of cluding the operation of a gambling de practices. The obligation to protect fully nominal intrinsic value may be accepted. the interests of the Government as a vice, in conducting a lottery or pool, in whole and the General Accounting Of § 6.14 Gifts to superiors. a game for money or property, or in fice as an agency of the Congress, de An employee shall not solicit a con selling or purchasing a numbers slip or mands the avoidance of circumstances tribution from another employee for a ticket. which invite conflict between self-inter gift to an official superior, make a dona § 6.20 Use o f Government property. est and the integrity of employment with tion as a gift to an official superior or An employee shall not directly or in the General Accounting Office. Loyalty accept a gift presented as a contribution directly use, or allow the use of, Govern to the Office and its programs and from an employee receiving less pay than ment property of any kind, including purposes is a necessary attribute. himself (5 U.S.C. 7351). property leased to the Government, for § 6 .1 1 Proscribed actions. § 6.15 Gifts from foreign governments. other than officially approved activities. An employee shall avoid any. action, An employee shall not accept a gift, An employee has a positive duty to pro whether or not specifically prohibited by present, decoration, or other thing from tect and conserve Government property, this part, which might result in, or cre a foreign government unless authorized including equipment, supplies, and other ate the appearance o f: by Congress as provided by the United property entrusted or issued to him. (a) Using public office for private States Constitution and in Public Law gain; 89-673, 80 Stat. 952. § 6.21 Misuse o f information. (b) Giving im p rop er preferential For the purpose of furthering a pri § 6.16 Reimbursement o f travel and treatment to any person; vate interest, an employee shall no > (c) Impeding Government efficiency living expenses. except as. provided in § 6.27(b), directly or economy; Neither § 6.12 nor § 6.27 precludes an (d) Losing complete independence or employee from receipt of bona fide reim or indirectly use, or allow the use o , impartiality; bursement, unless prohibited by law, for official information obtained through or FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2371 in connection with his Government em cordance with the provisions of 18 UJS.C. (2) Outside employment which tends ployment which has not been made 208(b) (2) as being too remote or incon to impair his mental or physical capacity available to the general public. sequential to affect the integrity of the to perform his Government duties and employee’s services. responsibilities in an acceptable manner. § 6.22 Prohibited financial interests. (b) If the employee first informs the (b) Employees may (subject to the An employee shall n ot: Comptroller General through his head of provisions of paragraph (d) (3) of this (a) Have a direct or indirect financial division or office, in writing, of the nature section) engage in teaching, lecturing, interest that conflicts substantially, or and circumstances of the audit, investi and writing that is not prohibited by law appears to conflict substantially, with gation, survey, examination, ruling, or these regulations. An employee shall his Government duties and respon decision or determination, contract, not, however, either with or without com sibilities. ' •• •' ■ - ■ /• claim, controversy, or other matter in pensation, engage in teaching, lecturing, (b) Engage in, directly or indirectly, which he is participating and makes full or writing that is dependent on informa a financial transaction as a result of, disclosure of the financial interest and tion obtained as a result of his Govern or primarily relying on, information receives in advance a written determina ment employment, except when that obtained through h i s Government tion made by the Comptroller -General information has been made available to employment., that the interest is not so substantial as the general public or will be made avail to be deemed likely to affect the integrity able on request, or when the Comptroller §6.23 Bribery, graft, and conflicts of of the employee’s services, the employee General gives written authorization for interest. need not consider himself disqualified the use of nonpublic information on the An employee shall not engage in acts (18 U.S.C. 208(b)). basis that such use is in the public inter prohibited by chapter 11 of title 18, est. In addition, the Comptroller General United States Code, relating to bribery, § 6.25 Disqualification procedure. shall not receive compensation or any graft, and conflicts of interest as appro Where the employee, his spouse, minor thing of monetary value for any consul priate to the employee concerned. Three child, partner, organization in which he tation, lecture, discussion, writing, or of the more important “ conflict of in is serving as officer, director, trustee, appearance, the subject matter of which terest” provisions are summarized as partner, or employee, or any person with is devoted substantially to the responsi follows: whom he is negotiating or has an ar bilities, programs, or operations of the (a) An employee may not, except as rangement concerning prospective em General Accounting Office, or which provided by law for the proper discharge ployment, has a financial interest in any draws substantially on official data or of his official duties, ask or seek any matter in which he is participating as ideas which have not become part of the compensation for services by him or part of his official duties, he will so body of public information. another in connection with any pro inform the Comptroller General through (c) An employee shall not engage in ceeding, request for a ruling or other his head of division or office in writing, outside employment under a State or determination before any Government and he will thereupon be relieved of his local government, except in accordance agency or officer in which the United duties and responsibilities in that par with Part 734, Book III, Supplement States is a party or has a direct and ticular matter unless the head of division 990-1, Federal Personnel Manual. substantial interest (18 U.S.C. 203). or office, after consultation with and (d) This section does not preclude an (b) An employee may not, except in approval of the Comptroller General, employee from : the discharge of his official duties, rep finds that pursuant to § 6.24(b) of this (1) Participation in the activities of resent anyone else (with or without part, the interest is too remote or too national or State political parties not compensation) before a court or Gov inconsequential to affect the integrity of precluded by law. ernment agency on a matter in which the employee’s services in which case (2) Participation in the affairs of or the United States is a party or has a the Comptroller General will notify the acceptance of an award for a meritorious direct or substantial interest (18 U.S.C. employee in writing. In cases of disquali public contribution or achievement given 205). fication of the employee, the assignment by a charitable, religious, professional, (c) An employee shall not receive any of the employee will be changed or the social, fraternal, nonprofit, educational salary or anything of monetary value matter will be reassigned to another em and recreational, public service, or civic from a private source as compensation ployee. A memorandum of disqualifica organization. for his services to the Government (18 tion will be made and forwarded by the (3) Outside employment when per U.S.C. 209). Comptroller General to the employee mission has been granted in advance by with copies to the head of the division the Director of Personnel and the em § 6.24 Conflicts resulting from assign or office concerned, the Director of Per ployee has been notified in writing of the ments. sonnel, and the Counselor for the Gen approval. This permission will be granted An employee will not participate in any eral Accounting Office. in accordance with the following policies, audit, investigation, survey, examina § 6.26 Nondisqualifying interests. procedures, and limitations: tion, ruling, decision or determination, (i) In considering requests for outside contract, claim, controversy, or other This subpart does not preclude an employment, the following criteria will matter before the General Accounting employee from having a financial interest be applied—the provisions of applicable fM5ce in which he, his spouse, minor or engaging in financial transactions to law; the regulations and policies incor child, partner, organization in which the same extent as a private citizen not porated in this part including the pos he is serving as officer, director, trustee, employed by the Government so long as sibility of conflicts of interests; the gen Partner or employee, or any person or it is not prohibited by applicable law or eral attendance record of the employee; organization with whom he is negotiat regulations. the nature of his official duties in relation ing or has any arrangement concerning § 6.27 Outside employment and other to the nature of the duties which will prospective employment, has a financial activity. comprise the outside employment; the interest with the following exceptions: financial need or other justification for (a) An employee shall not engage in (a) The employee need not disqualify such outside employment; and the nimself if his financial holdings are in outside employment or other outside ac amount of time and hours of work re tivity not compatible with the full and snares of widely held diversified mutual quired by the outside employment. proper discharge of the duties and re unds or regulated investment companies (ii) An employee will request permis sponsibilities of his Government employ m which he does not serve as director, sion to engage in outside employment by ment. Incompatible activities include but omcer, partner, or advisor. The indirect executing, in full, Form GAO 256 (Rev. are not limited to: 10/67) and forwarding it through his bni^res^ *n ^siness entities which the (1) Acceptance of a fee, compensa m ii+i°* sbares in a widely diversified immediate supervisor to the head of his tion, gift, payment of expense, or any division or office. pomUal fund or regulated investment other thing of monetary value in circum derives from ownership by the (iii) The head of division or office will u„ ? or investment company of stocks in stances in which acceptance may result upon receipt of a fully executed Form thn ~ess entities is hereby exempted from in, or create the appearance of, a conflict GAO 256 (Rev. 10/67) evaluate the re Provisions of 18 U.S.C. 208(a) in ac of interest; or quest in light of existing law, and policies FEDERAL REGISTER, VOL. 33, NO. 21*— WEDNESDAY, JANUARY 31, 1968 2372 RULES AND REGULATIONS and regulations provided by this part. (x) An employee may not use his -em § 6.31 Miscellaneous statutory provi Should the request be found proper and ployment with the General Accounting sions. in the best interests of the office and Office as a means of soliciting or obtain Each employee will acquaint himself not in violation of law, regulations, and ing outside employment. with each statute that relates to his ethi policies, the head of the division or office (xi) An employee may not engage in cal and other conduct as an employee of will transmit the request with his favor outside employment while he is on sick the General Accounting Office with par able recommendation to the Director of leave from his duties. Deviations from ticular reference to the following: Personnel. If the head of division or office this policy' may be permitted in rare in (a) House Concurrent Resolution 175, finds otherwise, he will recommend that stances when prior approval is obtained 85th Congress, 2d session, 72 Stat. Part the request be denied, record his reasons, from the Director of Personnel upon fa II, B12, the “ Code of Ethics for Govern and transmit the request and related vorable recommendation from the head ment Service.” papers to the Director of Personnel. of division or office involved. (b) Chapter 11 of title 18, United (iv) The Director of Personnel, or his (xii) Employees in grades GS-13 and States Code, relating to bribery, graft, designee, will review requests to engage higher will not, normally, be given per and conflicts of interest, as appropriate in outside employment including the mission'» to engage in outside employ to the employees concerned. recommendation of the head of division ment. Exceptions will be made for good (c) The prohibition against lobbying or office for proper, fair, and uniform ap and sufficient reasons, such as where a with appropriated funds (18 U.S.C. 1913). plication of this part. If the head of critical need exists for additional in (d) The prohibitions against dis division or office and the Director of come by the employee or where the em loyalty and striking (5 U.S.C. 7311, 18 Personnel, or his designee, agree, the re ployment is found to be in the public U.S.C. 1918). quest may be officially approved or dis interest in terms of opportunity for valu (e) The prohibition against the em approved and the employee will be noti able experience benefical both to the ployment of a member of a Communist fied. If they do not agree, the request and employee and to the General Accounting organization (50 U.S.C. 784). all recommendations will be submitted to Office. Each request for an exception un (f) The prohibitions against (1) the the Comptroller General for ultimate de der this paragraph shall be in sufficient disclosure of classified information (18 termination. The Comptroller General detail to permit a judgment that it is U.S.C. 798, 50 U.S.C. 783) ; and (2) the will thereupon consider the entire rec merited. If an exception is made for em disclosure of confidential information ord, make the final determination, and ployees in grade GS-13 and higher, per (18 U.S.C. 1905). cause the employee to be notified. mission will be granted for one-year (g) The provision relating to the ha (v) Grants of permission to engage in intervals. bitual use of intoxicants to excess (5 outside employment will normally ex § 6.28 Articles and speeches. U.S.C. 7352). pire 3 calendar years from the date of (h) The prohibition against the mis last issue, unless sooner revoked or modi Employees who prepare, with or with use of a Government vehicle (31 U.S.C. fied. Permission to engage in outside em out compensation, articles for publica 638a(c)). ployment, which is about to expire, will tion and speeches for delivery shall sub (i) The prohibition against the misuse be considered for renewal upon receipt mit drafts thereof to their respective of the franking privilege (18 U.S.C. of a request on Form GAO 256 (Rev. 10/ heads of division or office prior to pub 1719). 67). Procedures for renewal will be the lication or delivery when; (j) The prohibition against interfer same as those for original application (a) Any reference is made or to be ence with civil service examinations (18 and should be made, if continuity of made to the employee’s, employment by U.S.C. 1917). permission is desired, from 30 to 60 days the General Accounting Office, or (k) The prohibition against fraud or before the expiration of current per (b) The subject of the article or speech false statement in a Government matter mission. concerns the work of, the General Ac (18 U.S.C. 1001). (vi) Permission to engage in outside counting Office. (l) The prohibition against multilat- employment extends only to the specific Drafts of articles and speeches relating ing or destroying a public record (18 employment described in the request to the work of the accounting and au U.S.C. 2071). considered. New requests must be made diting divisions shall also be referred to (m) The prohibition against counter in writing in accordance with these pro the Director, Office of Policy and Special feiting and forging transportation re cedures to cover any changes or modi Studies, prior to delivery. For other sub quests (18 U.S.C. 508).‘ fications in outside employment. jects, other than legal matters, the drafts (n) The prohibitions against (1) em (vii) An employee with permission to shall be referred to the Assistant to the bezzlement of Government money or engage in outside employment will not Comptroller General. property (18 U.S.C. 641) ; (2) failing to hold himself out to the public as an at account for public money (18 U.S.C. torney or accountant by such means as § 6.29 File o f articles and speeches. 643); and (3) embezzlement of the placing his name on an office door; or The General Accounting Office Library money or property of another person in having his name listed in the classified maintains a permanent file of all pub the possession of an employee by reason section of the telephone directory; or lished articles and speeches by employees of his employment (18 U.S.C. 654). using business stationery with his name of the General Accounting Office. In (o) The prohibition against unauthor on letterheads or envelopes. order that this file be complete and cur ized use of documents relating to claims (viii) Permission to engage in outside rent, each employee who has had an from or by the Government (18 U.S.C. employment will not be granted for the article published or has made a speech, 285). purpose of representing clients in court shall send two copies thereof to the Office (p) The prohibition against proscribed or before Government agencies except of the Comptroller General. This office political activities—in subchapter HI of in rare cases when permission may be will forward both copies to the Library chapter 73 of title 5, United States Code granted for specific appearances. for filing through the Office of Policy and and 18 U.S.C. 602, 603, 607, and 608. (ix) An employee may be permitted Special Studies. (q) The prohibition against an em to engage in income tax work and to ployée acting as the agent of a foreign sign income tax returns as a preparer § 6.30 General conduct prejudicial to principal registered under the Foreign provided: The taxpayer has no Govern the Government. Agents Registration Act (18 U.S.C. 219). ment contracts and has no business with An employee shall not engage in crim Subpart C— Regulations Governing the U.S. Government; the employee does inal, infamous, immoral, or notoriously Ethical and Other Conduct and not in any manner intercede with or disgraceful conduct, or other conduct appear for the taxpayer before the In prejudicial to the Government nor shall Responsibilities of Special Gov ternal Revenue Service, the courts, or he conduct himself in such a manner ernment Employees other Government body; and the em as to give rise to a reasonable belief that § 6.32 Use o f Government employment. ployee is not engaged in the audit of the he is engaging in criminal, infamous, Internal Revenue Service by the General immoral, or notoriously disgraceful A special Government employee shall Accounting Office. conduct. not use his Government employment io FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2373 a purpose that is, or gives the appearance is a party or has a direct or substantial cial Government employees shall contain, of being, motivated by the desire for interest: Provided, however, That these as a minimum, the information required private gain for himself or another per restrictions apply to a special Govern by GAO Form 310 (Rev. Sept. 67) and son, particularly one with whom he has ment employee only in relation to a GAO Form 311 (Rev. Sept. 67) respec family, business, or financial ties. particular matter involving a specific tively. party or parties: § 6.33 Use of inside information. § 6.40 Employees required to submit (1) In which he has at any time par statements. ■ A special Government employee shall ticipated personally and substantially as not use inside information obtained as a Government employee or special Gov Except as otherwise provided in this a result of his Government employment ernment employee through decision, ap part, statements of employment and for private gain* for himself or another proval, disapproval, recommendation, the financial interests (GAO Form 310, Rev. person either by direct action on his part rendering of advice, investigation or Sept. 67) will be required from the fol or by counsel, recommendation, or sug otherwise, or lowing employees: gestion to another person, particularly (2) Which is pending in the depart (a) The Comptroller General of the one with whom he has family, business, ment or agency of the Government in United States, the Assistant Comptroller or financial ties. For the purposes of this which he is serving, except that this pro General of the United States, and the paragraph, “ inside information” means vision (§ 6.37(a) (2 )) shall not apply General Counsel of the U.S. General Ac information obtained by reason of his when he has served in such department counting Office. Government employment which has not or agency no more than 60 days during (b) Employees in positions in grades become part of the body of public the immediately preceding period of 365 GS-15 or above. information. consecutive days. He is bound by the § 6.41 Employees not required to sub § 6.34 Teaching, lecturing, and writing. restraint of this provision (§ 6.37(a) (2)) mit statements. despite the fact that the matter is not Employees in positions in grades GS-14 A special Government employee may, one in which he has ever participated without prior approval, teach, lecture, or and below are excluded from the re personally and substantially (18 U.S.C. porting requirement of § 6.40. The likeli write in a manner not otherwise incon 203,205). sistent with § 6.21 of this part. hood of their involvement in a conflicts- (b) A special Government employee of-interest situation is remote or the de § 6.35 Coercion. shall not participate in his governmental gree of supervision over them and the A special Government employee shall capacity in any matter in which to his review of their work is such that the in not use his Government employment to knowledge he, his spouse, minor child, tegrity of the Government is protected. coerce, or give the appearance of coerc partner, organization in which he is This section does not in any way modify ing, a person to provide financial benefit serving as officer, director, trustee, part or limit any employee’s responsibilities to himself or another person, particularly ner or employee, or any person or organi under §§ 6.22, 6.23, 6.24, and 6.25. one with whom he has family, business, zation with whom he is negotiating or has § 6.42 Employee’s complaint on filing or financial ties. any arrangement concerning prospective employment, has a financial interest (18 requirement. § 6.36 Gifts, entertainment, and favors. U.S.C. 208). An employee who feels that his posi Except as provided in § 6.13 (as in (c) After-his Government employment tion has been improperly included by the case of employees), a special Govern has ended, a special Government em this part as one requiring the submis ment employee, while so employed or in ployee is subject to the prohibition per sion of a statement of employment and connection with his employment, shall taining to a “former employee” in mat financial interests may obtain a review not receive or solicit, either for himself ters connected with his former duties (18 of that decision by filing a grievance or another person, particularly one with U.S.C. 207). with the Comptroller General under whom he has family, business, or Subpart D— Prohibited Activities by paragraphs 7 and 8 of Comptroller Gen financial ties, anything of value as a eral’s Order No. 1.27. gift, gratuity, loan, entertainment, or Former Employees § 6.43 Where to submit statements. favor from a person who: § 6.38 Prohibited activities. (a) Has, or is seeking to obtain, con (a) The Comptroller General will file tracturai or other business or financial A former employee shall n ot: a statement of employment and financial relations with the General Accounting (a) At any time after his Government interests (GAO Form 310) with the Di Office. employment has ended, knowingly repre rector of Personnel who will retain it (b) Has interests that may be sub sent anyone other than the United States with other such statements. The Assist stantially affected by the performance in connection with a matter in which ant Comptroller General, the Assistant to or nonperformance of his official duties. tl.e United States is a party or has an the Comptroller General, the Informa interest and in which he participated tion Officer, and the heads of divisions or § 6.37 Miscellaneous statutory provi personally and substantially for the sions. offices will submit their statements of Government (18 U.S.C. 207(a)). employment and financial interests Each special Government employee (b) For 1 year after his Government (GAO Form 310) to the Comptroller shall acquaint himself with each statute employment has ended, appear per General. that relates to his ethical and other sonally before any court or Government (b) Each employee required to sub conduct as a special Government em agency as agent or attorney for anyone mit a statement of employment and fi ployee of the General Accounting Office other than the Government in connec nancial interests below the level of head and the Government with particular ref- tion with a matter in which the Govern of division or office will submit his state rence to the statutes cited in § 6.31 and ment is a party or has a substantial in ment (GAO Form 310) to the head of his the following: terest and which was under his official division or office. (a) A special Government employee responsibility as an employee of the § 6.44 When to submit statements. °^erwise than as provided by Government at any time during the the proper discharge of his of - last year of his Government employ Each employee required to submit a al. hties, receive or agree to receive, ment (18 U.S.C. 202(b) and 207(b)). statement of employment and financial iJ°K ¿.any comPensation for any serv- interests*shall submit that statement to Subpart E— Regulations Governing the appropriate officer designated in pxoo t . mseh or another; and may not, Statements of Employment and diiNo m prPPer discharge of his § 6.43 of this part: Financial Interests nr wm,represen^ or assist anyone, with (a) Ninety days after the effective date narfmt11*' comPensation, before a de- § 6.39 Form and content o f statements. of this part if employed on or before that offico IXt’ agency> court, court-martial, effective date (unless the employee has °.r any civil, military, or naval The statements of employment and already submitted a statement as re t S 1SS10?’ in connection with a par- financial interests required by this part quired by this part and that statement r matter in which the United States to be submitted by employees and spe continues to be accurate) ; or FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 No. 21— p t . i ------2 2374 RULES AND REGULATIONS (b) Thirty days after his entrance on§ 6 .4 9 Confidentiality o f statements. considered resolved until other informa duty in or after his promotion to a posi Statements of employment and finan tion on the case becomes available or tion subject to this part. cial interests and supplementary state circumstances change. § 6.45 Supplementary statements. t ments shall be retained in a confidential § 6.53 Findings of conflict of interest. file seemed in .an appropriate manner Changes in, or additions to, the infor by the Director of Personnel. No per When either thè head of division or mation contained in an employee’s state sons other than the Comptroller General, office or the counselor for the General ment of employment arid financial inter the Assistant Comptroller General, the Accounting Office believes that the state ests shall be reported in a supplementary head of division or office as to employees ment of employment and financial inter statement as of June 30 of each year in or special Government employees under ests or information from other sources discloses , a conflict of interest or an ap which the changes occur. If no changes his direction, the counselor for the Gen or additions occur, a negative report is eral Accounting Office, or the Director parent conflict of interest, the employee required. Notwithstanding the filing of of* Personnel shall have access to such or special Government employee con cerned will be asked to explain the con the annual report required by this sec statements and then only to carry out the flict or appearance of conflict. If his ex tion, each employee shall at all times purposes of this part. No disclosure of planation is satisfactory tò both the head avoid acquiring a financial interest that information shall be made from such of division or office and the counselor could result in taking an action that statements except as specifically author would result in a violation of the con- for the General Accounting Office and ized by the Comptroller General for good they both agree that there is no con flicts-of-interest provisions of section 208 cause shown. of title 18, United States Code, or Sub flict or apparent conflict, the case will be part B of this part. § 6.50 Review o f statements by the considered closed until further informa Comptroller General. tion or changed circumstances reactivate § 6.4 6 Interests of employees’ relatives. The Comptroller General together it. If they fail to agree or if both agree The interest o f a spouse, minor child, ■with the counselor for the General Ac that there is a conflict or apparent con or other member of an employee’s imme counting Office will review each state flict of interest on the part of the em diate household is considered to be an ment of employment and financial ployee or special Government employee, interest of the employee. For the purpose interests and each supplementary state a report will be made of the case to the of this section, “member of an employee’s ment submitted directly to the Comp Comptroller General for final disposition. immediate household” means those rela troller General by reason of § 6.43(a), This report will contain the views of the tives by blood who are residents of the as well as all relevant information from head of division or office and those of the employee’s household. other sources incident thereto to de counselor for the General Accounting termine whether there are any conflicts Office; will point out specifically the § 6.47 Information not known by em areas of conflict or apparent conflict and ployees. of interest or apparent conflicts of interest. Where no conflicts of interest, the reasons why it is felt that a con If any information required to be in or apparent conflicts of interest, are flict or apparent conflict exists or does cluded on a statement of employment found, the cases will be considered re not exist; and will be signed by both and financial interests or supplementary solved until other pertinent information these officials. The report will also con statement, including holdings placed in becomes available. If questions of con tain a summary of the employee’s ex trust, is not known to the employee but flicts of interest or apparent conflicts of planation signed by him. The Comp is known to another person, the employee interest arise, pertinent procedures troller General will then consider the shall request that other person to sub established for employees and special matter, afford the employee or special mit information in his behalf. Government employees elsewhere in this Government employee concerned an op § 6.48 Inf ormation not required. part will be followed. portunity to explain the conflict or ap parent conflict, make a final decision (a) This part does not require an § 6.51 Review o f statements by heads and take appropriate action in accord employee to submit on a statement of o f divisions or offices. ance with §§ 6.6(b) and 6.7; employment and financial interests or The head of each division or office, for supplementary statement any informa § 6.54 Effect o f employees’ statements employees or special Government em on other requirements. tion relating to the employee’s connec ployees in his division, together with the tion with, or interest in, a professional counselor for the General Accounting The statement of employment and society or a charitable, religious, social, Office will review each statement of em financial interests and supplementary fraternal, recreational, public service, ployment and financial interests, each statements required of employees are in civic, or political organization or a simi supplementary statement, and all rel addition bo, and not in substitution for, lar organization not conducted as a busi evant information from other sources, or in derogation of, any similar require ness enterprise. For the purpose of this if any, to determine whether there are ment imposed by law, order, or regula section, education and other institutions any conflicts of interest or apparent con tion. The submission of a statement of doing research and development or re flicts of interest on the part of the em employment and financial interests or lated work involving grants of money ployee or special Government employee supplementary statement by an em from or contracts with the Government submitting the statement. If it is perti ployee does not permit him or any other are deemed “business enterprises” and nent to a Conflict-of-interest decision, person to participate in a matter m are required to be included in an em the head of division or office, or the coun which his or the other person’s participa ployee’s statement of employment and selor for the General Accounting Office, tion is prohibited by law, order, or financial interests. may request the employee or special Gov regulation. (b) An employee need not report on ernment employee to supplement the in § 6.55 Specific provisions for special his statements of employment and finan formation on GAO Form 310 or GAQ, cial interests shares of widely held diver Form 311 by stating the number or Government employees. sified mutual funds or regulated invest amount of shares, stock options, bonds, Except as provided in § 6.56, each ment companies in which he does not and other securities owned by him, his special Government employee, by the use serve as director, officer, partner, or . spouse, minor child, or other member of GAO Form 311 (Rev. Sept. 67), shah advisor. The indirect interest in business of his immediate household. entities which the holder of shares in submit a statement of employment an a widely diversified mutual fund or regu § 6.52 Findings o f no conflict o f inter financial interests which reports: lated investment company derives from est. (a) All other employment; and ownership by the fund or investment If the head of division or office and (b) The financial interests of the company of stocks in business entities the counselor for the General Accounting special Government employee as in is considered too remote or inconsequen Office agree that there are no conflicts dicated on GAO Form 311. Special em tial to effect the integrity of the em of interest or apparent conflicts of inter ployees need not report financial ployee’s services. est in individual cases, the matter will be terests in widely held diversified mut FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31 ; 1968 RULES AND REGULATIONS 2375 the insured interest: Provided, That if for funds jr regulated investment companies the unit the insured fails to report all of in which they do not serve as director, Title 7— AGRICULTURE his interest or insurable acreage the amount officer, partner, or advisor. Chapter IV— Federal Crop Insurance of loss shall be determined with respect to Corporation, Department of Agri all of his interest and insurable acreage, but 8 6.56 Waiver of statements from cer- in such cases or otherwise, if the premium b tain special Government employees. culture computed on the basis of the insurable [Arndt. 1] acreage and interest exceeds the premium (a) The provisions of § 6.55 are on the reported acreage and interest, or waived for special Government em PART 401— FEDERAL CROP the acreage and interest when determined ployees who are employed for the pur INSURANCE by the Corporation under section 3 of the pose of rendering advice, counsel, or ex policy, the amount of loss shall be reduced pert services on recruiting and staff de Subpart-—Regulations for the 1969 proportionately. velopment including CPA review courses, and Succeeding Crop Years The total production to be counted for a unit shall be determined by the Corporation because such employment is of a nature B arley Endorsement and at such a level of responsibility that and, subject to the provisions hereinafter, any financial interests that they may Pursuant to the authority contained in shall include all threshed production and the Federal Crop Insurance Act, as any appraisals made by the Corporation for have would be too remote to affect the unthreshed, unharvested, or potential pro integrity of their services in the General amended, the above-identified regula duction, poor farming practices, uninsured Accounting Office and the submission of tions are amended effective beginning causes of lo:s, or for acreage abandoned or statements would be unnecessary. with the 1969 crop year in the following put to another use without the consent of (b) In addition, the Comptroller Gen respects: the Corporation: Provided, That the total eral may waive the requirement of § 6.55 The following section is added: production to be counted on any acreage of barley (1) which, with the consent ol for the submission of a statement of em § 401.125 The barley endorsement. the Corporation, is seeded in the current ployment and financial interests in the crop year, before harvest becomes general, case of a special Government employee The provisions of the barley endorse ment for the 1969 and succeeding crop to any other crop insurable in the county when he finds that the duties performed years are as follows: for the current crop year under the regula by that special Government employee tions of the Corporation, shall be 50 per are of a nature and at such a level of 1. Insured crop. The crop insured shall be cent of the production guarantee for such responsibility that the submission of the barley seeded for harvest as grain, as deter acreage or the appraised production which statement by the special Government mined by the Corporation, except that in ever is greater; (2) which is unharvested or counties where so provided on the county from which the production harvested is less employee is not necessary to protect the actuarial table, a mixture of barley with than 2 bushels per acre shall be the appraised integrity of the General Accounting oats or wheat or both seeded for harvest as production and the harvested production in Office. grain (hereinafter called “mixture” ) shall excess of 2 bushels per acre, except as to § 6.57 Time for submission o f state be insurable and the production from such the acreage referred to in the following mixture shall be counted as barley on a ments by special Government em items (3) and (4); (3) which is abandoned weight basis. Insurance shall not attach on or put to another use without prior written ployees. acreage on which it is determined by the consent of the Corporation shall be the A statement of employment and Corporation that the barley was seeded with production guarantee provided for such financial interests required to be sub vetch or flax or other small grains, except as acreage; or (4) which is damaged solely by mitted under § 6.55 shall be submitted otherwise provided herein. an uninsured cause shall be not less than 2. Production guarantee. The production the production guarantee provided for such not later than the time of employment guarantee per acre shown on the county of the special Government employee. acreage. actuarial table (hereinafter called “actuarial (d) The total production to be counted Each special Government employee shall table” ) shall be increased by 2 bushels for shall include any harvested production from keep his statement current throughout any harvested acreage on which the amount acreage initially seeded for purposes other his employment with the General Ac harvested is 2 or more bushels per acre. than for harvest as grain as determined by counting Office by submission of supple 3. Insurance period. Insurance on any in the Corporation. mentary statements covering changes in, sured acreage shall attach at the time the (e) In determining total production, vol or additions to, the information con barley is seeded and shall cease upon unteer small grains and volunteer vetch threshing or removal from the field, which tained in his statement of employment growing with the seeded barley crop, and ever occurs first, but in no event shall in small grains seeded in the growing barley and financial interests every 90 days surance remain in effect later than Octo after his appointment until he is no crop on acreage on which the Corporation ber 31 of the calendar year in which the has not given its consent to be put to another longer subject to § 6.55. Upon reappoint barley is normally harvested. use shall be counted as barley on a weight 4. Claims for loss, (a) Any claim for loss ment immediately following separation, basis. the special Government employee shall on an insurance unit (hereinafter called “unit” ) shall be submitted to the Corpora (f ) Notwithstanding the provisions of para file a new statement or certify that the tion, on a form prescribed by the Corpora graph (c) of this section for determining latest statement on file is currently cor tion, not later than 60 days after the time of production to be counted, the production to rect, whichever is proper. loss. The Corporation reserves the right" to be counted of any threshed barley which does provide additional time if it determines that not grade No. 4 or better (determined in ac § 6.58 Circumstances requiring state circumstances beyond the control of either cordance with Official Grain Standards of the ments from special Government em party prevent compliance with this provision. United States), because of poor quality due ployees. (b) It shall be a condition precedent to to insurable causes occurring within the in the payment of any loss that the insured surance period and would not meet this In all cases where the employment establish the production of the insured grade requirement if properly handled, shall a special Government employee to w< crop on the unit and that such loss has be adjusted by (1) dividing the value per been directly caused by one or more of the bushel of the damaged barley as determined on a specific audit, legal, or otl by the Corporation, by the market price per Problem is contemplated or where hazards insured against during the insur ance period for the crop year for which the bushel at the local market for barley grading special Government employee alrei loss is claimed, and furnish any other in No. 4 (at the time the loss is adjusted, and employed to render advice, counsel, formation regarding the manner and extent (2) multiplying the result thus obtained by the number of bushels of such damaged bar expert services on recruitment and si of loss as may be required by the Corporation. (c) Losses shall be determined separately ley. There shall be no adjustment in the pro evelopment is to be assigned work o: for each unit. The amount of loss with re duction to be counted of any threshed mix specific audit, legal, or other probl< spect to any unit shall be determined by tures because of poor quality. (1) multiplying the insured acreage of 5. Meaning of terms. For the purpose of Procedures outlined in §§ 6.51, 6.55, £ insurance on barley the term: 6-57 will be followed. barley on the unit by the applicable pro duction guarantee per acre, which product (a) “Harvest” means the mechanical sever ance from the land of matured barley for seal] Elmer B. Staats, shall be the production guarantee for the threshing. Comptroller General unit, (2) subtracting therefrom the total production to be counted for the unit, (3) 6. Cancellation and termination for in of the United States. multiplying the remainder by the applicable debtedness dates. For each year of the con p R. Doc. 68-1149; Piled, Jan. 30, 1968; price for computing indemnities, and (4) tract the cancellation date and the termina 8:46 a.m.] multiplying the result obtained in (3) by tion date for indebtedness are the following FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2376 RULES AND REGULATIONS applicable dates Immediately preoeding the The provisions of this paragraph shall be [Arndt. 2] beginning of the crop year for which the applicable to all com grain-silage crop in cancellation or the termination is to become surance contracts in all counties and States PART 401— FEDERAL CROP effective: Provided, however, That for the except Douglas and Todd Counties, Minn. INSURANCE purposes of determining the applicable can Notwithstanding the provisions of sub cellation and termination dates only, and section (a) of this section, in determining Subpart— Regulations for the 1969 notwithstanding section 19(c) of the policy, the production of corn, other than the corn and Succeeding Crop Years the crop year for spring planted barley in harvested for silage or appraised for silage sured in all counties with a March 15 or June referred to in subsection (b) above, to be W heat Endorsement 30 cancellation date shall be considered to counted, the Corporation shall, where Pursuant to the authority contained In mean that period in which the winter barley appropriate when due to insurable causes crop in such counties is normally planted occurring within the insurance period, first the Federal Crop Insurance Act, as and normally harvested and shall be desig adjust such production as follows: The pro amended, the above-identified regula nated by reference to the calendar year in duction shall be reduced 2 percent for each tions are amended effective beginning which the crop is normally harvested. full 1 percent of moisture in excess of 16 with the 1969 crop year in the following percent up to and including 40 percent, or respects: shall be reduced for damaged kernels as The following section is added: Termi follows: For damage of 7 or 8 percent— 1 Cancel nation State and county lation date for percent; for damage of 9 or 10 percent— 2 § 401.126, The wheat endorsement date indebt percent; for damage of 11 or 12 percent— 3 edness percent; for damage of 13 or 14 percent— 4 The provisions of the wheat endorse percent; and for each full 1 percent of dam ment for the 1969 and succeeding crop Arizona and Washington...... June 30 Oct. 31 age in excess of 14 percent up to and includ years are as follows: California: ing 35 percent— an additional 2 percent. If, 1. Insured crop. The crop insured shall be Modoc and Siskiyou Counties...... Dec. 31 Apr. 15 however, reductions for both moisture and wheat seeded for harvest as grain, as deter All other California counties______Mar. 15 Aug. 31 kernel damage are applicable the percent of mined by the Corporation. Insurance shall Colorado and Wyoming...... Dec. 31 Mar. 31 Delaware, Maryland, and Pennsyl- June 30 Sept. 30 production to be counted shall be the product not attach on acreage on which it is deter vania. (rounded to the nearest whole percent) of mined by the Corporation that wheat was Idaho: the percentages remaining after the respec seeded with Flax or other small grains, Idaho County and all Idaho coun- ...do___ Oct. 31 tive percentage reductions are made as vetch, Austrian winter peas, or dry edible ties lying north thereof. All other Idaho counties______Dec. 31 Apr. 15 herein provided. If, however, the Corporation peas. Oregon: determines that the moisture content is 2. Annual premium, (a) There will be a Klamath and Malheur Counties— - —do__ Do. above 40 percent, or if the kernel damage is reduction in the annual wheat premium for Oct. 31 All other Oregon counties...... June 30 above 35 percent, or if the test weight of each insurance unit of 4 percent for the first All other States'...... - Dec. 31 Apr. 15 shelled corn is below 40 pounds per bushel, full 200 acres of insured wheat acreage on the the percent of production to be counted shall insurance unit (hereinafter called “unit”) 7. Barley, oat, or wheat mixtures. Thebe that as agreed upon by the Corporation and an additional 2 percent reduction for provisions of this section 7 shall be a part and the insured, or in the absence of agree each additional full 100 acres : Provided,, how of the barley endorsement of any contract ment as appraised by the Corporation. ever, That the total reduction shall not ex of insurance in any county in which the The provisions of this paragraph shall be ceed 20 percent. actuarial table for that county provides in applicable only to corn grain-silage crop (b) Whether or not the insured is eligible surance on a mixture of barley, with oats or insurance contracts in Douglas and Todd for the reduction provided in section 6(b) wheat or both. The words “barley or mix Counties, Minnesota. Notwithstanding the of the policy, the insured’s annual wheat ture” shall be substituted for the word provisions of subsection (a) of this section, premium may be reduced in lieu thereof “barley” wherever it appears in section 3, in determining the production of corn with for any year by not to exceed 50 percent 4(c), and 5 of this endorsement. a moisture content of 26 percent or more, if it is determined by the Corporation that (Secs. 506, 516, 52 Stat. 73, as amended, 77, other than the com harvested for silage or the accumulated balance (expressed in as amended; 7 U.S.C. 1506, 1516) appraised for silage referred to in subsection bushels) of premiums over indemnities on (b) above, to be counted, the Corporation consecutively insured wheat crops preced Adopted by the Board of Directors on shall, where appropriate when due to in ing the current crop year equals or exceeds January 22, 1968. surable causes occurring within the insurance his total production guarantee based on the period, first adjust such production as fol amount per acre shown on the county [ seal] Earll H. N ikkel, lows: The production of any such corn with actuarial table (hereinafter called “actuarial Secretary, a moisture content of: (1) 26 percent table” ). . Federal Crop Insurance Corporation. through 30 percent shall be adjusted by 3. Production guarantee. The production guarantee per acre shown on the actuarial Approved on January 26, 1968. multiplying the number of bushels by 95 percent, (2) 30.1 percent through SS'percent table shall be increased by 1.5 bushels for any harvested acreage on which the amount J ohn A. S chnittker, shall be adjusted by multiplying the number Under Secretary. of bushels by 90 percent, (3) 35.1 percent harvested is 1.5 or more bushels per acre. through 40 percent shall be adjusted by mul 4. Insurance period. Insurance on any in 1P.R. Doc. 68-1175; Piled, Jan. 30, 1968; tiplying the number of bushels by 85 per sured acreage shall attach at the time the 8:48 am .] cent. If the Corporation determines that wheat is seeded and shall cease upon thresh the moisture content is over 40 percent or ing or removal from the field, whichever oc ■if the test weight of shelled corn is below curs first, but in no event shall insurance [Arndt. 102] 40 pounds per bushel, the percent of the remain in effect later than October 31 of tn production to be counted shall be that as calendar year In which the wheat is nonnauy PART 401— FEDERAL CROP agreed upon by the Corporation and the in harvested. INSURANCE sured, or in the absence of agreement as ap 5. Claims for loss, (a) Any claim for praised by the Corporation: Provided, how on a unit shall be submitted to the Corpora^ Subpart— Regulations for the 1961 ever, That the percent of the gross produc tion, on a form prescribed by the Coepcrar and Succeeding Crop Years tion of com by weight harvested for grain tion, not later than 60 days after » » to be counted shall not be less than 50 of loss. The Corporation reserves the¡ngn Pursuant to the authority contained in percent. to provide additional time if it , 0f the Federal Crop Insurance Act, as that circumstances beyond the cm » (Secs. 506, 516, 52 Stat. 73, as amended, either party prevent compliance witn amended, the above-identified regula 77, as amended; 7 U.S.C. 1506, 1516) MOLL. , tions are amended effective beginning Adopted by the Board of Directors on ) It shall be a condition P «««*»» with the 1968 crop year in the following January 22,1968. payment of any loss that the __ respects: ilish the production of the insured [ seal] Earll H. Nikkel, he unit and that such Ion ¡ " J J ® 1. Subsection 5(c) of the com grain- Secretary, tly caused by one or more of the . •silage endorsement shown in § 401.44 of Federal Crop Insurance Corporation. •ed against during the insurf^ice Pf ^ this chapter is amended effective begin the crop year for which .'top Approved on January 26,1968. led, and furnish any other ning with the 1968 crop year to read as ding the manner and extent of follows: John A. S chnittker, be required by the Corporation. - ^ Under Secretary. (c) The following provisions are appli Losses shall be déterminai^ cable to corn grain-silage crop insurance [F.R. Doc. 68-1177; Filed, Jan. 30, 1968; y for each unit. The amount ofl contracts: 8:48 am .] ct to any unit shall be determined W FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2377 (1) multiplying the insured acreage of wheat 6. Meaning of terms: For purposes of in § 601.11 Eligible conservation practices. surance on wheat the term: on the unit by the applicable production (a) * * * guarantee per acre, which product shall be (a) “Harvest” means the mechanical the production guarantee for the unit, (2) severance from the land of matured wheat (24) GP-24 Constructing permanent subtracting therefrom the total production for threshing. fences as a means of protecting vegeta to be counted for the unit, (3) multiplying 7. Cancellation and termination for in tive cover and structures. This practice the remainder by the applicable price for debtedness dates. For each year of the con shall be used for all protective fencing computing indemnities, and (4) multiplying tract the cancellation date and termination needed in connection with any approved the result obtained in (3) by the insured date for indebtedness are the following ap GP practice. It shall also be used when plicable dates immediately preceding the interest: Provided, That if for the unit the fencing is required for better distribution insured fails to report all of his interest or beginning of the crop year for which the insurable acreage the amount of loss shall be cancellation or the termination is to become of livestock and for seasonal use of determined with respect to all of his interest effective: Provided, however, That for pur forage. and insurable acreage, but in such cases or poses of determining the applicable cancel * * * * * otherwise, if the premium computed on the lation and termination dates only, and (Sec. 4, 49 Stat. 164? as amended, 16 U.S.C. basis of the insurable acreage and interest notwithstanding section 19(c) of the policy, 590d) exceeds the premium on the reported acreage the crop year for spring planted wheat in and interest, or the acreage and interest sured in all counties with a March 15 or Done at Washington, D.C., this 25th when determined by the Corporation under June 30 cancellation date shall be considered day of January 1968. section 3 of the policy, the amount of loss to mean that period in which the winter shall be reduced proportionately. wheat crop in such counties is normally [ seal] J o h n A. B aker, The total production to be counted for a planted and normally harvested, and shall Assistant Secretary. unit shall be determined by the Corporation be designated by reference to the calendar [F.R. Doc. 68-1145; Filed, Jan. 30, 1968; and, subject to the provisions hereinafter, year in which the crop is normally harvested: shall include all threshed production and any 8:46 am .] appraisals made by the Corporation for un Termi threshed, unharvested, or potential produc Cancel nation tion, poor farming practices, uninsured State and county lation date for Chapter VII— Agricultural Stabiliza causes of loss, or for acreage abandoned or date indebt edness tion and Conservation Service (Ag put to another use without the consent of the Corporation: Provided, That the total ricultural Adjustment), Department production to be counted on any acreage of California: of Agriculture wheat (1) which, with the consent of the Modoc and Siskiyou Counties_____ June 30 Oct. 31 All other California cou n ties.___ Mar. 15 Aug. 31 SUBCHAPTER A— AGRICULTURAL CONSERVA Corporation, is seeded in the current crop Colorado, Kansas, New Mexico, __ do___ Do. year, before harvest becomes general, to any Oklahoma, Texas, and Wyoming. TION PROGRAMS other crop insurable in the county for the Idaho: [Arndt. 2] current crop year under the regulations of Idaho County and all Idaho coun- June 30 Oct. 31 ties lying north thereof. the Corporation, shall be 50 percent of the Sept.15 PART 701— NATIONAL AGRICUL production guarantee for such acreage or the Kentucky, North Carolina, South ___do___ Oct. 15 TURAL CONSERVATION appraised production whichever is greater; Carolina, and Tennessee. J2) which is unharvested or from which the Minnesota______Dec. 31 Apr. 15 Nebraska______Mar. 15 Sept.15 Subpart— 1968 and Subsequent Years production harvested is less than 1.5 bushels North Dakota: per acre shall be the appraised production Adams, Bowman, Golden Valley, June 30 Do. Section 701.2 is amended by revising and the harvested production in excess of and Slope Counties. All other North Dakota counties.-. Dec. 31 Apr. 15 paragraph (c) to read as follows: 1.5 bushels per acre, except as to the acreage Oregon and Washington..___ _ . . . June 30 Oct. 31 (c) The allocation of funds among the referred to in the following items (3) and South Dakota: States for 1968 is as follows: (4); (3) which is abandoned or put to an Bennett, Dewey, Faulk, Haakon, ___do— Sept.15 other use without prior written consent of Hand, Hughes, Hyde, Jones, A la b am a ______$5, 132, 000 Lyman, Mellette, Potter, Stanley, 60,000 the Corporation shall be the production Sully, Tripp, and Walworth Alaska ______guarantee provided for such acreage; or (4) Counties. A rizon a______1, 539, 000 which is damaged solely by an uninsured Allother South Dakota counties__ Dec. 31 Apr. 15 Arkansas _L_____ 4, 231, 000 cause shall be. not less than the production Utah______..______June 30 Sept.15 C alifornia______4, 920, 000 Sept.30 guarantee provided for such acreage. Colorado ______3,604, 000 (d) The total production to be counted Connecticut____ 402, 000 shall include any harvested production from (Secs. 506, 516, 52 Stat. 73, as amended, 77, Delaware______271.000 acreage initially seeded for purposes other as amended; 7 U.S.C. 1506, 1516) Florida ______3, 165, 000 than for harvest as grain as determined by Georgia ______6, 165, 000 the Corporation. Adopted by the Board of Directors on H aw aii____ .'_____ 157.000 January 22, 1968. Idaho ______1.901.000 (e) In determining total production, vol I llin o is ______7, 393, 000 unteer small grains, volunteer Austrian win [ seal] E arll H . N ik k e l , In d ia n a ______4, 843, 000 ter peas, volunteer dry edible peas, and vol Secretary, Io w a ______8, 096, 000 unteer vetch growing with the seeded wheat Federal Crop Insurance Corporation. Kansas ______6.221.000 crop, and small grains seeded in the growing K e n tu ck y ______5, 982, 000 wheat crop on acreage on which the Cor Approved on January 26,1968. Louisiana ______3, 889, 000 poration has not given its consent to be put J o h n A . S c h n ittk e r , M a i n e ______972.000 another use, shall be counted as wheat on a weight basis. Under Secretary. Maryland ______1, 144, 000 Massachusetts _. 469.000 [F.R. Doc. 68-1176; Filed, Jan. 30, 1968; Notwithstanding the provisions of par- Michigan ___i__ 4, 306, 000 8:48 a.m.] rfSPhJ c) of this section for determining Minnesota _____ 5, 702, 000 P oduction to be counted, the production to Mississippi_____ 5, 520, 000 riLf0« 1. of any threshed wheat which Missouri ______7, 597, 000 rii+ir*10,? grade No. 3 or better, and in ad- Chapter VI— Soil Conservation Serv M on ta n a______4, 660, 000 nf + „„V^oes. n°t grade No. 4 or 5 on the basis ice, Department of Agriculture Nebraska ______5, 389, 000 Nn qS w®*ght only but otherwise grades Nevada ______610.000 wi+v, .toetter (determined in accordance PART 601— GREAT PLAINS CON New Hampshire. 451, 000 Sta+0=w?lal Grain Standards of the United SERVATION PROGRAM New Jersey______627, 000 sum hi because of Poor quality due to in- New Mexico_____ 2, 176, 000 anf>.D”* Cayses occurring within the insur- Subpart— General Program New York.:_____ 4, 318, 000 reoniil^10d. and would hot meet these grade North Carolina-. 5, 506, 000 a d w ^ h 13 if Pr°Perly handled, shall be Provisions North Dakota. 4, 879, 000 bSeinf & i1} dividing the value per The regulations governing the Great Ohio ______5, 093, 000 bv thn n damaged wheat as determined Plains Conservation Program, 22 F.R. O k lah om a______6, 130, 000 O regon ______bush pi a?rE?ration’ by the rnarket price per 6851, as amended, are further amended 2, 308, 000 tosflfariitbe .local market at the time the Pennsylvania 4, 090, 000 (2) L fi« ^ f d for wheat grading No. 3, and as provided herein. Puerto Rico_____ 725,000 the nm lPlymg the result thus obtained by Section 601.11 Eligible Conservation Rhode Island___ 67, 000 wheat 6r °* busbels °f such damaged Practices is amended by changing para South Carolina.. 3, 083, 000 graph (a) (24) to read as follows: South Dakota. _. 3, 896, 000 FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2378 RULÉS AND REGULATfONS Tennessee______$4, 629, 000 basis of the latest available statistics of such tobacco beginning October i, 1968, Texas ______17,611,000 the Federal Government, and after due calculated in accordance with the Act, is U t a h ____ j ______1,214,000 consideration of data, views, and recom V e r m o n t___:______931, 000 99.4 million pounds calculated by sub V irgin ia______3, 822, 000 mendations received from cigar-filler tracting the estimated disappearance for Virgin Islands______12, 000 (type 41) tobacco producers and others the marekting year beginning October 1, Washington ______2,460, 000 as provided in a notice (32 F.R. 16043) 1967, of 55.3 million pounds from the West Virginia______1,420, 000 given in accordance with the provisions total supply of such tobacco. Wisconsin ______4, 975, 000 of 5 U.S.C. 553. (e) Rational marketing quota.1 The W yom ing______1, 897, 000 Since the Act requires the holding amount of cigar-filler (type 41) tobacco Total ______186, 660, 000 of a referendum of cigar-filler (type 41) which will make available during the (Sec. 4, 49 Stat. 164; 16 U.S.C. 590d) tobacco producers within 30 days after marketing year beginning October 1, issuance of the proclamation of a na 1968, a supply of cigar-filler (type 41) Effective date: Upon publication in the tional marketing quota for such kind of F ederal R egister. tobacco equal to the reserve supply level tobacco to determine whether such pro o f such tobacco is 50.8 million pounds, Signed at Washington, D.C., on Decem ducers favor marketing quotas, since such and a national marketing quota of such ber 22, 1967. farmers must be notified, insofar as amount is hereby announced. E. A. Jaenke, practicable, of their farm acreage allot (f) National acreage allotment. The Acting Administrator, Agricul ments prior to the referendum, and since national acreage allotment, calculated in tural Stabilization and Con notices of allotments cannot be mailed accordance with the Act by dividing the servation Service. until the issuance of the proclamation national marketing quota for the 1968-69 [F.R. Doc. 68-1144; Filed, Jan. 30, 1968; herein, it is hereby found that compliance marketing year by the 5-year, 1963-67, 8:46 a.m.] with the 3 0-day effective date provision national average yield of 1,810 pounds, o f 5 U.S.C. 553 is impracticable and is 28,066.30 acres. contrary to, the public interest. There (g) National acreage factor. The na SUBCHAPTER B— FARM MARKETING QUOTAS fore, the proclamation, determinations tional acreage factor for use in deter AND ACREAGE ALLOTMENTS and announcements contained herein mining farm acreage allotments for the PART 723— CIGAR-FILLER (TYPE 41) shall become effective upon the date of 1968-69 marketing year is 1. It was cal filing with the Director, Office of the culated in accordance with the Act by TOBACCO Federal Register. dividing the national acreage allotment, Subpart— Proclamation of a National § 723.1 Proclamation of a national mar less reserve, by the total of the 1968 pre Marketing Quota for Cigar-Filler keting quota for cigar-filler (type liminary allotments for 1968 old farms. (h) National reserve. The national (Type 41) Tobacco for Each of the 41) tobacco for each of the 3 mar keting years beginning October 1, acreage reserve is 280.66 acres, of which 3 Marketing Years Beginning Oc 1968, October 1, 1969, and October 50 acres are made available for 1968 new tober 1, 1968, October 1,1969, and 1, 1 9 7 0 ; and determinations with farms, and 230.66 acres are made avail October 1, 1970; and Determina respect to and announcement of the able for making corrections and adjusting tions and Announcement of the national marketing quota for cigar- inequities in old farm allotments. filler (type 41) tobacco for the mar National Marketing Quota, Na (Secs. 301, 312, 313, 375, 52 Stat. 38, as keting year beginning October 1, amended; 46, as amended; 47, as amended; 66, tional Acreage Allotment, National 1968. as amended; 7 U.S.O. 1301, 1312, 1313, 1375) Acreage Factor for Apportioning (a) Proclamation. Since the 1967-68 Effective date: Date of filing of this the National Acreage Allotment marketing year is the last of 3 consecu document with the Director, Office of the (Less Reserve) to Old Farms, and tive years for which national marketing Federal Register. the Amount of the National Reserve quotas previously proclaimed were dis Signed at Washington, D.C., on Janu and Parts Thereof Available for (a) approved by producers of cigar-filler (type 41) tobacco in a referendum, and ary 24,1968. 1968 New Farm Allotments, and since producers of such kind of tobacco J o h n A. S chnittker, (b) Making Corrections and Adjust had disapproved national marketing Acting Secretary. ing Inequities in 1968 Old Farm quotas on such kind of tobacco in ref [F.R. Doc. 68-1142; Filed, Jan. 30, 1968; Allotments for Cigar-Filler (Type erenda held in 3 successive years 8:46a.m .] 41) Tobacco for the 1968—69 subsequent to 1952, section 312(a) (4) of Marketing Year the Act requires the proclamation of a national marketing quota for each of the Chapter IX— Consumer and Market Basis and purpose. Section 723.1 is 3 marketing years beginning October 1, ing Service (Marketing Agreements issued pursuant to and in accordance 1968, October 1, 1969, and October 1, and Orders; Fruits, Vegetables, with the Agricultural Adjustment Act of 1970; and each such quota is hereby Nuts), Department of Agriculture 1938, as amended, hereinafter referred proclaimed. [Orange Reg. 60, Amdt. 1] to as the “Act”, (1) to proclaim a (b) Reserve supply level.1 The reserve national marketing quota for cigar-filler supply level for cigar-filler (type 41) PART 905—-ORANGES, GRAPEFRUIT, (type 41) tobacco for each of the 3 tobacco is 150.2 million pounds, calcu TANGERINES, AND TANGEL0S marketing years beginning October 1, lated, as provided in the Act, from a GROWN IN FLORIDA 1968, October 1, 1969, and October 1, normal year’s domestic consumption of 1970; (2) to determine the reserve supply 51.4 million pounds and a normal year’s Limitation of Shipments level and the total supply of cigar-filler exports of 1 million pounds. Findings. (1) Pursuant to the market (type 41) tobacco for the marketing year (c) Total supply.1 The total supply of beginning October 1, 1967; (3) to an- ing agreement, as amended, and Order cigar-filler (type 41) tobacco for the No. 905, as amended (7 CFR Part 905), nouce for the 1968-69 marketing year the marketing year beginning October 1, amount of the national marketing quota, regulating the handling of oranges, 1967, calculated in accordance with the grapefruit, tangerines, and tangeios national acreage allotment, national Act, is 154.7 million pounds, consisting acreage factor for apportioning the grown in Florida, effective under the ap of carryover of 112.3 million pounds and plicable provisions of the Agriculture national acreage allotment (less reserve) estimated 1967 production of 42.4 million to old farms, and the amount of the Marketing Agreement Act of 1937, a pounds. amended (7 U.S.C. 601- 674), and upon national reserve and parts thereof avail able for (a) new farms and (b) making (d) Carryover} The estimated carry the basis of the recommendations or i over of cigar-filler (type 41) tobacco at committees established under the aro “ corrections and adjusting inequities in the beginning of the marketing year for said amended marketing agreement an old farm allotments for cigar-filler (type order, and upon other available inform - 41) tobacco. The determinations con 1 Rounded to the nearest tenth of a million tion, it is hereby found that the mm ' tained in § 723.1 have been made on the pounds. tion of shipments of Temple oranges FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 ( RULES AND REGULATIONS 2379 Murcott Honey oranges, as hereinafter Dated, January 26, 1968, to become the period hereinafter set forth so as to provided, will tend to effectuate the de effective January 29,1968. provide for the continued regulation of the handling of grapefruit; and compli clared policy of the act. P aul A. Nicholson, (2) It is hereby further found that it ance with this regulation will not require Deputy Director, Fruit and any special preparation on the part of is impracticable and contrary to the Vegetable Division, Consumer the persons subject thereto which can public interest to give preliminary and Marketing Service. notice, engage in public rule-making not be completed by the effective time [F.R. Doc. 68-1174; Filed, Jan. 30, 1968; hereof. procedure, and postpone the effective 8:48 a.m.] date of this amendment until 30 days § 906.338 Grapefruit Regulation 19. after publication in the F ederal R egister [Grapefruit Reg. 19] (a) Order. (1) During the period Feb (5 U.S.C. 553) because the time inter ruary 1, 1968, through June 30, 1968, no vening between the date when informa PART 906— ORANGES AND GRAPE handler shall handle : tion upon which this amendment is based (1) Any grapefruit of any variety, became available and the time when this FRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS grown in the production area, unless amendment must become effective in such grapefruit grade U.S. Fancy; U.S. order to effectuate the declared policy of Limitation of Shipments No. 1 Bright; U.S. No. 1; U.S. No. 1 the act is insufficient; and this amend Bronze; U.S. Combination; U.S. No. 2; ment relieves restrictions on the han Findings. (1) Pursuant to the mar keting agreement, as amended, and Order or U.S. No. 3; dling of Temple oranges and Murcott (ii) Any grapefruit of any variety, Honey oranges grown in Florida. No. 906, as amended (7 CFR Part 906), regulating the handling of oranges and grown in the production area, which are Order. The provisions of paragraph grapefruit grown in the Lower Rio of a size smaller than 3%e inches in di (a)(2) in § 905.505 (Orange Reg. 60; Grande Valley in Texas, effective under ameter, except that not more than 10 32 F.R. 17616) are hereby amended in the applicable provisions of the Agricul percent, by count, of such grapefruit in the following respects: tural Marketing Agreement Act of 1937, any lot of containers, and not more than 1. The provisions of paragraph (a) (2)as amended (7 U.S.C. 601-674), and upon 15 percent, by count, of such grapefruit (iii) are amended and new subdivisions the basis of the recommendation of the in any individual container in such lot, (vi) and (vii) are added to read as Texas Valley Citrus Committee, estabr may be of a size smaller than 3%6 inches follows: lished under the aforesaid marketing in diameter; or § 905.505 Orange Regulation 60. agreement and order, and upon other (iii) Any grapefruit of any variety, grown as aforesaid, for which inspection (a) * * * available information, it is hereby found (2) * * * that the limitation of shipments of is required unless an appropriate inspec tion certificate has been issued with re (iii) Any oranges, except Temple and grapefruit, as hereinafter provided, will spect thereto not more than 48 hours Murcott Honey oranges, grown in the tend to effectuate the declared policy of prior to the time of shipment. production area, which are of a size the act. smaller than 2%6 inches in diameter, (2) It is hereby further found that itAll grapefruit of any variety, grown as except that a tolerance of 10 percent, is impracticable and contrary to the pub aforesaid, handled during the period by count, of oranges smaller than such lic interest to give preliminary notice, specified in this section are subject to all minimum diameter shall be permitted, engage in public rule-making procedure, applicable container and pack require which tolerance shall be applied in and postpone the effective date of this ments which are in effect pursuant to accordance with the provisions for the regulation until 30 days after publication the aforesaid marketing agreement and application of tolerances specified in thereof in the F ederal R egister (5 U.S.C. order during such period. the U.S. Standards for Florida Oranges 553) because the time intervening be (2) Terms used in the marketing and Tángelos: Provided, That in de tween the date when information upon agreement and order shall, when used termining the percentage of oranges in which this regulation is based became herein, have the same meaning as is any lot which are smaller than 28/iq available and the time when this regula given to the respective term in said mar inches in diameter, such percentage shall tion must become effective in order to keting agreement and order; and terms be based only on those oranges in such effectuate the declared policy of the act relating to grade and diameter, when lot which are of a size 21%6 inches in is insufficient; a reasonable time is per used herein, shall have the same mean diameter and smaller; mitted, under the circumstances, for ing as is given to the respective term in * * * * * preparation for such effective time; and the U.S. Standards for Grapefruit (Tex (vi) Any Temple oranges, grown in good cause exists for making the pro as and States other than Florida, Cali the production area, which are of a size visions hereof effective as hereinafter set fornia, and Arizona) (7 CFR 51.620- forth. The recommendation and sup smaller than 2% b inches in diameter, 51.685). porting information for regulation dur except that a tolerance of 10 percent, by (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. count, of Temple oranges smaller than ing the period specified herein were 601-674) promptly submitted to the Department such minimum diameter shall be per Dated: January 25,1968. mitted, which tolerance shall be applied after an open meeting of the Texas Val m accordance with the provisions for ley Citrus Committee on January 16, F loyd F. Hedlund, 1968; such meeting was held to consider . application of tolerances specified Director, Fruit and Vegetable recommendations for regulation, after tlle sa*d U.S. Standards for Florida Division, Consumer and Mar Oranges and Tángelos. giving due notice of such meeting, and keting Service. interested persons were afforded an'op (vii) Any Murcott Honey oranges, [F.R. Doc. 68-1146; Filed, Jan. 30, 1968; portunity to submit their views at this 8:46 a.m.] g own in the production area, which are meeting; necessary supplemental eco a size sm aller than 2%6 inches in nomic and statistical information upon ameter, except that a tolerance of 10 which the recommended regulation is [Orange Reg. 18] percent, by count, of such oranges based were received by the Department smaller than such minimum diameter on January 23, 1968; the provisions of PART 906— ORANGES AND GRAPE f* a * k® permitted, which tolerance shall this regulation, including the effective FRUIT GROWN IN LOWER RIO ! aPPlied in accordance with the pro time hereof, are identical with the afore GRANDE VALLEY IN TEXAS visions for the application of tolerances said recommendation of the committee, and information concerning such pro Limitation of Shipments specified in the UJS. Standards for Flor visions and effective time has been dis Findings. (1) Pursuant to the mar ida Oranges and Tángelos. * * seminated among handlers of such keting agreement, as amended, and Or * * £ jjj grapefruit; it is necessary, in order to der No. 906, as amended (7 CFR Part 6Ô1-674)19’ 48 Stat' 31, as amended; 7 U.S.C. effectuate the declared policy of the act, 906), regulating the handling of oranges to make this regulation effective during and grapefruit grown in the Lower Rio FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2380 RULES AND REGULATIONS Grande Valley in Texas, effective under tainer in such lot may be of a size smaller the applicable provisions of the Agricul than 2%6 inches in diameter; or Title 8— ALIENS AND tural Marketing Agreement Act of 1937, (iii) Any oranges of any variety, as amended (7 U.S.C. 601-674), and upon grown as aforesaid, for which inspection the basis of the recommendation of the is required unless an appropriate inspec NATIONALITY Texas Valley Citrus Committee, estab tion certificate has been issued with re lished under the aforesaid marketing spect thereto not more than 48 hours Chapter I— Immigration and Naturali agreement and order, and upon other prior to the time of shipment. zation Service, Department of Justice available information, it is hereby found All oranges of any variety, grown as that the limitation of shipments of or aforesaid, handled during the period PART 242— PROCEEDINGS TO DETER anges, as hereinafter provided, will tend -specified in this section are subject to all to effectuate the declared policy of the applicable container and pack require MINE DEPORTABILITY OF ALIENS act. ments which are in effect pursuant to the IN THE UNITED STATES: APPRE (2) It is hereby further found thataforesaid marketing agreement and or HENSION, CUSTODY* HEARING, it is impracticable and contrary to the der during such period. AND APPEAL public interest to give preliminary notice, (2) Terms used in the marketing engage in public rule-making procedure, agreement and order shall, when used PART 243— DEPORTATION OF and postpone the effective date of this herein, have the same meaning as is ALIENS IN THE UNITED STATES regulation until 30 days after publica given to the respective term in said PART 244— SUSPENSION OF DEPOR- tion thereof in the Federal R egister (5 marketing agreement and order; and U.S.C. 553) because the time intervening terms relating to grade and diameter, TATION AND VOLUNTARY DE between the date when information upon when used herein, have the same mean PARTURE which this regulation is based became ing as is given to the respective term in available and the time when this regula Fixing Voluntary Departure Time and the U.S. Standards for Oranges (Texas Granting Stays of Deportation by tion must become effective in order to and States other than Florida, Califor effectuate the declared policy of the act nia, and Arizona) (7 CFR 51.680-51.712). Special Inquiry Officers is insufficient; a reasonable time is per mitted, under the circumstances, for (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Reference is made to the notice of preparation for such effective time; and 601-674) proposed rule making which was pub lished in the F ederal R egister on De good cause exists for making the provi Dated: January 25,1968. sions hereof effective as hereinafter set cember 9, 1967 (32 F.R. 17624), pursuant forth. The recommendation and sup Floyd F. H edlund, to section 553 of Title 5 of the United porting information for regulation dur Director, Fruit and Vegetable States Code and in which there were set ing the period specified herein were Division, Consumer and Mar out the terms of proposed rules which promptly submitted to the Department keting Service. would, among other things, permit a after an open meeting of the Texas Val [F it. Doc. 68-1147; Filed, Jan. 30, 1968; special inquiry officer during a deporta ley Citrus Committee on January 16, 8:46 a.m.] tion hearing to authorize the release 1968; such meeting was held to consider from custody of the respondent at the recommendations for regulation, after PART 989— RA ISIN S PRODUCED hearing and revoke such release. Representations which were received giving due notice of such meeting, and FROM GRAPES GROWN IN CALI interested persons were afforded an op FORNIA concerning the proposed rules of De cember 9, 1967, have been considered. portunity to submit their views at this meeting; necessary supplemental eco Miscellaneous Amendments Those proposed rules have been amended only with respect to those provisions re nomic and statistical information upon Correction lating to the authority of a special in which the recommended regulation is quiry officer to authorize release from based were received by the Department In F.R. Doc. 67-13665, appearing at custody and revoke such release. With on January 23, 1968; the provisions of page 15915 for the issue' of Tuesday, regard to those proposed amendments to this regulation, including the effective November 21, 1967, the first sentence of 8 CFR 242.2 (b) and (c) ; 242.17(a), and time hereof, are identical with the afore § 989.167(b) should read as follows: “Whenever, pursuant to § 989.67 (j), the 299.1, they are still under consideration. said recommendation of the committee, The amendatory regulations as set out and information concerning such provi Committee concludes, with respect to sions and effective time has been dis any varietal type of raisins, that a down below are hereby adopted: seminated among handlers of such or ward trend in the price received by pro § 242.22 [Amended] anges; it is necessary, in order to ef ducers for free tonnage, or in the prices received by handlers for free tonnage, or 1. Section 242.22 Reopening or recon fectuate the declared policy of the act, sideration is amended by adding the fol to make this regulation effective during in the prices received by handlers for free tonnage packed raisins, makes it lowing sentences at the end thereof: ‘ In the period hereinafter set forth so as any case in which jurisdiction is not to provide for the continued regulation impracticable to sell reserve tonnage at the average price received by producers vested in the Board under Part 3 of this of the handling of oranges; and compli chapter, a special inquiry officer may, ance with this regulation will not re for free tonnage, plus pooling costs, the Committee, subject to the requirements in his discretion, grant a stay of depor quire any special preparation on the part tation in connection with, and pending of the persons subject thereto which o f § 989.67(j), may sell reserve tonnage raisins at the currently prevailing field his determination of, a motion to reopen connot be completed by the effective time or a motion to reconsider filed with nun hereof. price for free tonnage raisins of the same varietal type, unless such price is deemed under this section. The filing with the § 906.339 Orange Regulation 18. to be unrepresentative of the current special inquiry officer of such motion shall not serve to stay the execution (a) Order. (1) During the period f.o.b. price of free tonnage packed raisins.” any decision made in the case; e^ec^“ February 1, 1968, through June 30, 1968, tion of such decision shall proceed un no handler shall handle: Chapter XIV— Commodity Credit Cor less a stay of execution is specinca y (i) Any oranges of any variety, grown poration, Department of Agriculture granted by the special inquiry omcer in the production area, unless such which shall be effective pending oranges grade at least U.S. No. 3; PART 1400— RULES OF CONTRACT determination pf such motion.” DISPUTES BOARD FOR COMMOD (ii) Any oranges of any variety, grown § 243.4 [Amended] as aforesaid, which are of a size smaller ITY CREDIT CORPORATION 2. The last sentence of § 243.4 sta y°{ than,2%6 inches in diameter, except that Supersedure of Part not more than 10 percent, by count, of deportation is amended to read . such oranges in any lot of containers, Cross R eference: For supersedure of lows: “Denial by the district dir and not more than 15 percent, by count, Part 1400 by Part 2400 of this title, see of a request for a stay is not appea of such oranges in any individual con Part n of this issue. but such denial shall not preclude FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2381 Board from granting a stay in connec (b) As used in paragraph (a) of this tion with a motion to reopen or a motion Title 10— ATOMIC ENERGY section, the term “construction” shall be to reconsider as provided in Part 3 of deemed to include pouring the founda this chapter, nor shall such denial pre Chapter I— Atomic Energy tion for, or the installation of, any por clude the special inquiry officer, in his Commission tion of the permanent facility on the discretion, from granting a stay in con site, but does not include: nection with, and pending his determi PART 50— LICENSING OF PRODUC (1) Site exploration, site excavation, nation of, a motion to reopen or a mo TION AND UTILIZATION FACILITIES preparation of the site for construction of the reactor, including the driving of tion to reconsider a case falling within PART T15— PROCEDURES FOR RE his jurisdiction pursuant to § 242.22 of piles, and construction of roadways, rail VIEW OF CERTAIN NUCLEAR RE this chapter.” road spurs, and transmission lines; 3. Part 244 is amended to read as ACTORS EXEMPTED FROM LICENS * * * * * follows: ING REQUIREMENTS (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201. Interpret or apply secs. 101, 185; 68 Stat. 936, Sec. License and Authorization Required 955; 42 U.S.C. 2131, 2235) 244.1 Application. 244.2 Extension of time to depart. On August 3, 1967, the Atomic Energy Dated at Germantown, Md., this 19th Commission published in the F ederal Authority : The provisions of this Part day of January 1968. R egister (32 F.R. 11278) proposed 244 issued under sec. 103, 66 Stat. 173; For the Atomic Energy Commission. 8 U.S.C. 1103. Interpret or apply secs. 242, amendments to its regulations, 10 CFR 244, 66 Stat. 208, 214; 8 U.S.C. 1252, 1254. Part 50, Licensing of Production and W. B. McCool, Utilization Facilities, and 10 CFR Part Secretary. § 244.1 Application. 115, Procedures for Review of Certain [F.R. Doc. 68-1138; Filed, Jan. 30, 1968; Pursuant to Part 242 of this chapter Nuclear Reactors Exempted from Licens 8:46 a.m.] and section 244 of the Act a special in ing Requirements, which would specifi quiry officer in his discretion may cally permit the driving of piles prior to authorize the suspension of an alien’s issuance of a construction permit or deportation; or, if the alien establishes construction authorization. that he is willing and has the immediate All interested persons were invited to Title 12— BANKS AND BANKING means with which to depart promptly submit written comments and sugges Chapter I— Bureau of the Comptroller from the United States, a special inquiry tions for consideration in connection of the Currency, Department of the officer in his discretion may authorize the with the proposed amendments within Treasury alien to depart voluntarily from the 60 days after publication of the notice United States in lieu of deportation or proposed rule making in the Federal PART 16— R EG IST R A TIO N STATE within such time as may be specified by R egister. MENTS AND CONTROLLING CIR the special inquiry officer when first After consideration of the comments CULARS authorizing voluntary departure, and received and other factors involved, the under such conditions as the district Commission has adopted the proposed Registration of Securities of New Na director shall direct. An application for amendments. The text of the amend tional Banks and Filing of Regis ments set forth below is identical with suspension o f deportation shall be made tration Statement and Use of Offer on Form I-256A. the text of the proposed amendments published on August 3, 1967. ing Circular § 244.2 Extension o f time to depart. Pursuant to the Atomic Energy Act of On December 21,1967, a notice of pro Authority to extend the time within 1954, as amended, and the Administra posed rule making was published in the which to depart voluntarily specified tive Procedure Act of 1946, as amended, F ederal R egister (32 F.R. 20657) per initially by a special inquiry officer or the following amendments to 10 CFR mitting interested persons 30 days to the Board is within the sole jurisdiction Parts 50 and 115 are published as a docu comment on the provisions contained of the district director. A request by an ment subject to codification, to be effec therein. In such notice, the Comptroller alien for an extension of time within tive 30 days after publication in the of the Currency proposed revisions of 12 which to depart voluntarily shall be filed F ederal R egister. CFR 16.6 and 16.8 relating to the use of with the district director having jurisdic 1. Subparagraph (1) of § 50.10(b) of registration statements and offering cir tion over the alien’s place of residence. 10 CFR Part 50 is amended to read as culars by all new national banks. Written notice of the district director’s follows: No comments have been received and decision shall be served upon the alien, the proposed revisions are hereby adopted and no appeal may be taken therefrom. § 5 0 .1 0 License required. * * * * * without change and are set forth below. The basis and purpose of the above- Chapter I, Title 12, of the Code of prescribed rules is to authorize a special (b) No person shall begin the conFederal Regulations is amended by the ^ r y officer to specify the time during struction of a production or utilization revision of § 16.6 and § 16.8(a) to read which the respondent who has been facility on a site on which the facility is as follows: granted voluntary departure may de- to be operated until a construction per § 16.6 Registration o f securities o f new the responsibility for extending mit has been issued. As used in this para mtially authorized voluntary departure graph, the term “construction” shall be national banks. ume with the district director, and per- deemed to include pouring the founda No new national bank shall sell any uut the special inquiry officer to grant tion for, or the installation of, any por of its securities unless such securities - deportation in connection with tion of the permanent facility on the shall have been made the subject of a motion to reopen or reconsider filed in site, but does not include: registration statement filed in the Office a deportation proceeding. (1) Site exploration, site excavation, of the Comptroller of the Currency which order shall become effective on preparation of the site for construction has been declared effective by the March 15, 1968. of the facility, including the driving of Comptroller. piles, and construction of roadways, rail (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) § 16.8 Filing o f registration statement road spurs, and transmission lines; and use of offering circular. Dated: January 26, 1968. * * * * * (a) No securities of a new national R aymond F. F arrell, 2. Subparagraph (1) of § 115.8(b) of bank shall be sold by, for, or on behalf of Commissioner of 10 CFR Part 115 is amended to read as any new national bank unless at the immigration and Naturalization. follows: time of, or prior to such sale, the pur lp-R. Doc. 68-1159; Filed, Jan. 30, 1968; § 115.8 Authorization required. chaser of such security has received an 8:47 am .] * * ♦ * * offering circular which forms part of a No. 21—Pt. i-----3 FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2382 RULES AND REGULATIONS registration statement declared effective to advertise sale prices is certainly a registration process in order to continue by the Comptroller of the Currency. grave handicap on their ability to sell the offering commenced by ite prede Dated: January 25, 1968. at prices below those suggested. Hence cessor. the provision, if not one designed to The rule provides that the registra [ seal] W il l ia m B . C am p, maintain suggested prices, is one which tion statement of the predecessor shall Comptroller of the Currency. will seriously affect those prices. be deemed to be the registration state [F.R. Doc. 68-1156; Filed, Jan. 30, 1968; (d) The Commission further advisedment of the successor where the follow 8:47 a.m.] that its view of the present state of the ing conditions are met: law in this area was that a seller not 1. The successor is a mere corporate acting to create or maintain a monopoly shell having no more than nominal as may make a unilateral announcement of sets or liabilities. Title 16— COMMERCIAL his policy as to those with whom he will 2. The succession is effected by a stat deal, including policies affecting price, utory merger or similar succession in PRACTICES and he may refuse to deal with those which the successor acquires all of the who do not observe that policy. How Chapter I— Federal Trade assets and assumes all of the liabilities ever, when the seller’s actions, as they and obligations of the predecessor. Commission Would under this proposal, go beyond a 3. The succession was approved by se PART 15— ADMINISTRATIVE mere announcement of his policy and curity holders of the predecessor issuer the simple refusal to deal, and he em OPINIONS AND RULINGS at a meeting for which proxies were ploys other means which effect adher solicited or information furnished to se Publication of Dealer Sales Standards ence to his policy, he is in serious dan curity holders pursuant to section 14 Regarding Nonsale to Dealers Ad ger of having put together a combination of the Securities Exchange Act of 1934. vertising Sale Prices in violation of the antitrust laws. Thus, 4. The successor files an amendment the Commission stated, the line between to the registration statement expressly § 15.163 Publication o f dealer sales legal and illegal conduct here is a very adopting the statement as its own for all standards announcing a policy o f not narrow one and if the seller chooses to purposes of the Act and the Securities selling to dealers who advertise sale walk that line, he must do so at his Exchange Act of 1934. Although it is not prices. peril. required that the registration statement (a) The Federal Trade Commission (38 Stat. 717, as amended; 15 U.S.C. 41-58) be updated in all respects, the rule re rendered an advisory opinion stating its quires that the amendment shall reflect objection to a proposal by a seller of issued: January 30, 1968. any material changes made in connec photographic products to announce to By direction of the Commission. tion with or resulting from the succes the trade its policy to sell only to deal sion (including any material changes [ seal] J oseph W . S h ea, in the rights of security holders) and ers who advertise in a manner which will Secretary. not damage the prestige of the seller, any matters otherwise necessary to keep lavoiding the use of characterizations [F.R. Doc. 68-1157; Filed, Jan. 30, 1968; the registration statement from being such as “Sale,” “Bargain,” “Close-Out,” 8:46 a.m.] misleading in any material respect. “Clearance,” or other similar termi Commission action. Section 230.414 of nology. Chapter II of Title 17 of the Code of (b) The seller advised that it proposed Federal Regulations is herewith adopted to implement the standards by delivering Title 17— COMMODITY AND to read as follows: a copy to each existing dealer, not for § 230.414 Registration by certain suc the purpose of terminating any presently SECURITIES EXCHANGES cessor issuers. unsatisfactory dealers, but to upgrade Chapter II— Securities and Exchange them to a satisfactory level. This the If any issuer incorporated under the seller proposed to do by having its rep Commission laws of any State and having securities resentatives work with the dealers to see [Release No. 33-4894] registered under the Act has been suc that they observe the standards and con ceeded by an issuer incorporated under tended that this is permissible since this PART 230— GENERAL RULES AND the laws of another State for the pur is simply an advertising restriction, not REGULATIONS, SECURITIES ACT pose of changing the State of incorpora an effort at resale price maintenance. It OF 1933 tion of the enterprise, the registration was further argued that although the statement of the predecessor issuer shall price at which its products are sold is the Registration by Certain Successor be deemed the registration statement of prerogative of the dealer, the seller has Issuers the successor issuer for the purpose of continuing the offering provided— a legitimate business interest in the man The Securities and Exchange Com ner in which its products are advertised mission has adopted a new rule, desig (a) Immediately prior to the succes by those dealers. The Commission also nated Rule 414 (17 CFR 230.414), under sion the successor issuer had no assets or noted that the standards concluded with the Securities Act of 1933 relating to liabilities other than nominal assets or the statement that evaluation of the pro the registration under the Act of securi iabilities; gress of dealers will be made from time ties by certain successor issuers. The (b) The succession was effected by a to time and those who are not keeping new rule provides a means whereby an nerger or similar succession pursuant pace will be discontinued. offering of registered securities by a pred o statutory provisions or the terms of (c) The Commission advised that it ecessor company may be continued by he organic instruments under which the could not give its approval to this pro its successor without repeating the full uccessor issuer acquired all of ^ . , as" posal for the reason that its implementa process of registration where the pur ets and assumed all of the liabilities tion as outlined would be likely to result pose of the succession is merely to in an illegal restraint of trade. In the change the State of incorporation of md first place, the Commission advised that the registrant. (c) The succession was approved by it could not view the proposal as a simple The rule gives recognition to the fact ;ecurity holders of the predecessor issue restriction on advertising apart from the that where a registrant is merged into it a meeting for which proxies were so- effect which that restriction would have another issuer solely for the purpose of icited pursuant to section 14 (a) o f t on the price at which those dealers sell. changing the State of incorporation the Securities Exchange Act of 1934 While there is a difference between this successor issuer represents, in all sub J.S.C. 78n(a) ) or, information was iur- and a policy of selling only to dealers stantial respects, the same business and lished to security holders pursuan _ who maintain the prices suggested by enterprise as that represented by the ¡ection 14(c) of that Act (15 V* the seller, in that the dealers are osten predecessor registrant. The Commission f8n(c)). sibly left free to sell at any price they deems it unnecessary in these situations (d) the successor issuer has filed choose, still a restriction on their ability to require the successor repeat the full imendment to the registration state FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2383 of the predecessor issuer expressly adopt facilitate the Commission’s cooperation 2. Section 131.6 is amended by revising ing such statement as its own registra with the Fish and Wildlife Service, De the opening sentence of the description tion statement for all purposes of the partment of the Interior and appropriate of Exhibit S to read as follows: act and the Securities Exchange Act of State fish and wildlife agencies on the § 131.6 Application for license for 1934 and setting forth any additional conservation of fish and wildlife re minor project having installed ca information necessary to reflect any sources affected by the project. pacity o f 2,000 horsepower or less. material changes made in connection Four responses have been received to ***** with or resulting from the succession, or the Comrqission’s notice,1 three of which Exhibit S, to be submitted with applica necessary to keep the registration state express satisfaction with the proposed tions for all minor projects shall show the ment from being misleading in any ma rule. The Puget Sound Power and Light following information : * * * terial respect, and such amendment has Co., alone, opposes the adoption of the (Secs. 4 (e ), 9, 10(a), 10(i), 41 Stat. 1065, become effective. proposed rule stating that the bases in 1068; sec. 309, 49 Stat. 858; 16 U.S.C. 797(e), (Secs 6, 7, 10, and 19; 48 Stat. 78, 81, and 85, the notice for the proposed rule are un 802, 803, 825k) as amended; 15 U.S.C. 78f, 78g, 78j, 78s) sound. It contends that the requirement for Exhibit S would cause delays in the (B) These amendments shall become Effective date. Since registration pur processing of license applications. While effective February 23,1968. suant to the new section is optional with the preparation of Exhibit S will un (C) The Secretary shall cause prompt successor issuers and the section imposes doubtedly require time and effort on the publication of this order to be made in no additional duties or obligations on part of applicants for constructed pro the F ederal R egister. registrants under the Act, the Commis jects, this would take place prior to the By the Commission. sion finds that notice and procedure pur filing of the application. In our view, a suant to the Administrative Procedure [ seal] G ordon M . G rant, Act are unnecessary and that the section thorough examination of the subject by applicants and interested agencies prior Secretary. may be made effective immediately. Accordingly the section shall become to the filing, of the application would [F.R. Doc. 68-1129; Filed, Jan. 30, 1968; eliminate delays that may now occur in 8:45 a.m.] effective January 24, 1968. the processing of applications for con By the Commission, structed projects. [seal] O rval L. D uB ois, The Company notes that the require Secretary. ments of the Fish and Wildlife Coordina Title 19— CUSTOMS DUTIES January 24,1968. tion Act (16 U.S.C. 661-666c) are not ap Chapter I— Bureau of Customs, plicable in the case of certain con [PH. Doc. 68-1152; Filed, Jan. 30, 1968; Department of the Treasury 8:46 ajn.] structed projects. The requirements for an Exhibit S would in any case facilitate [T.D. 68-41] the exercise of the Commission’s respon PART 16— LIQUIDATION OF DUTIES sibilities with respect to such projects Title 18— CONSERVATION OF under the Federal Power Act, particu Net Amount of Bounty Declared for larly sections 10(a) and 18 thereof. The December 1967 for Sugar Content Company further contends that the pro of Certain Australian Products Sub POWER AND WATER RESOURCES posed rule is likely to lead to inequities Chapter I— Federal Power and unsound expenditures. We do not ject to Countervailing Duties Commission agree. An Exhibit S would alert the Com Jan uar y 24,1968. [Docket No. R-331; Order 358] mission to existing problems and pro The Treasury Department is in receipt pose possible solutions. Prior to prescrib PART 4— LICENSES, PERMITS, AND of official information that the rates of ing appropriate conditions in the license, bounties or grants paid or bestowed by DETERMINATION OF PROJECT the Commission would consider all rele the Australian Government within the COSTS vant factors presented, including the meaning of section 303, Tariff Act of 1930 need for modifications of existing project PART 131— FORMS (19 U.S.C. 1303), on the exportation dur structures or operation, and the feasibil ing the month of December 1967, of ap Constructed Major and Minor Proj ity therof. proved fruit products and other ap ect License Applications; Exhibit The Commission finds: The amend - proved products c o n t a in in g sugar inent of §§4.50 and 131.6 is necessary amounts to Australian $110.20 per 2,240 Relating to Fish and Wildlife Re and appropriate for the purposes of sources pounds of sugar content. carrying out the provisions of the Fed The net amount of bounties or grants January 24,1968. eral Power Act. on the above-described commodities On October 17, 1967, the Commission The Commission, acting pursuant to which are manufactured or produced in Issued a notice of proposed rulemaking the provisions of the Federal Power Act, Australia is hereby ascertained, deter m this proceeding (32 P.R. 14778, Oct. 25, as amended, particularly sections 4(e), 9, mined, and declared to be Australian wherein it proposed to amend 10(a), 10 (i), and 309 thereof (41 Stat. $110.20 per 2,240 pounds of sugar con s s 4.50 and 131.6 of the Commission’s 1065, 1068; 49 Stat. 858; 16 U.S.C. 797(e), tent. Additional duties on the above- regulations to require the submission of 802, 803, 825h), orders: described commodities, except those i^t S relating to the conservation (A) Section 4.50, Subchapter B andcommodities covered by T.D. 55716 (27 oi fish and wildlife resources with an ap § 131.6, Subchapter D of Chapter I, Title F.R. 9595), whether imported directly plication for license for constructed 18 of the Code of Federal Regulations or indirectly from that country, equal to n^ajor and m inor projects. The Commis are amended as hereinafter set forth: the net amount of the bounty shown sion previously prescribed the Exhibit above shall be assessed and collected. lor license applications for uncon- § 4.50 [Amended] The table in § 16.24(f) of the Customs J fe d major and minor projects as 1. In § 4.50, the paragraph “Exhibit S.Regulations is amended by inserting after 1 as constructed projects for which This exhibit shall not be required for li the last line under “Australia—Sugar i,lcense is sought under section 15 cense applications on constructed or the Federal Power Act. content of certain articles” the number projects, except with respect to applica of this Treasury decision in the column (vmS/ e^ ave noted in the case of un- tions for licenses under section 15 of the headed “Treasury Decision” and the project applications, the Federal Power Act.” is deleted. words “New rate” in the column headed in i i r \ ? / ^ uirement has proved useful “Action.” The table in § 16.24(f) is fur recrw!ÎTfîling Potential problems with iT h e Department of the Interior, (2) ther amended by deleting therefrom t° tish and wildlife resources and State of New York Water Resources Commis under “Australia—Sugar content of cer ggestmg possible solutions. We believe sion, (3) State of California Department of ■2211?1113* benefits will be derived in the Fish and Game, and (4) the Puget Sound tain articles” the number 67-240 in the of constructed projects. It will also Power and Light Co. column headed “Treasury Decision” and FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2384 RULES AND REGULATIONS the words “New rate” appearing oppo have a potential for abuse similar to that site such number in the column headed of DET. In view of the foregoing, the Title 29— LABOR “Action.” Food and Drug Administration concludes Chapter V— Wage and Hour Division, (R.S. 251, secs. 303, 624, 46 Stat. 687, 759; 19 that it is in the public interest to take U.S.C. 66, 1303, 1624) additional steps to assure that the dis Department of Labor tribution and use of these drugs are lim PART 526— INDUSTRIES OF A SEA [ seal] E d w in P . R a in s, ited to adequately justified research. Acting Commissioner of Customs. SONAL NATURE AND INDUSTRIES Therefore, pursuant to the provisions Approved: of the Federal Food, Drug, and Cosmetic WITH MARKED SEASONAL PEAKS Act (secs. 505, 511(b), 701(a), 52 Stat. OF OPERATION M a t t h e w J. M arks, Acting Assistant Secretary 1052, as amended, 1055; 70 Stat. 229; 21 Nursery Stock Storing and Packing of the Treasury. U.S.C. 355, 360a(b), 371(a)) and under the authority delegated to, the Commis Industry [F.R. Doc. 68-1157; Filed, Jan. 30, 1968; sioner of Food and Drugs by the Secre On November 15, 1967, a notice was 8:47 a.m.] tary of Health, Education, and Welfare published in the Federal R egister (32 (21 CFR 2.120), § 3.47 is revised to read F.R. 15712), proposing to find that the as follows to add thereto the subject nursey stock storing and packing in Title 20— EMPLOYEES’ drugs: dustry, as defined below, is an industry of § 3.47 Bufotenine and its salts, DET a seasonal nature within the meaning of and its salts, DMT, ibogaine, LSD, section 7(c) of the Fair Labor Standards BENEFITS mescaline and its salts, psilocybin, Act of 1938 (29 U.S.C. 207(c)) as Chapter III— Social Security Admin and psilocyn ; conditions for inves amended by the Fair Labor Standards tigational use. Amendments of 1966 (Public Law 89- istration, Department of Health, 601) and is engaged in the handling, Education, and Welfare (a) No person may sell, deliver, or packing, storing, preparing, first process otherwise dispose of bufotenine (5- [Regs. No. 5] ing or canning of perishable agricul hydroxy-lV-dimethyltryptamine) and its tural or horticultural commodities in PART 405— FEDERAL HEALTH INSUR salts, DET (N,N-diethyltryptamine ) and their raw or natural state within the ANCE FOR THE AGED (1965- ) its salts, DMT (dimethyltryptamine), meaning of section 7(d) of the Act as ibogaine (7-ethyl-6,6a,7,8,9,10,12,13-octa- amended. Interested persons were given Subpart M— Conditions for Coverage hydro-2-methoxy-6,9-methano-5H-pyri- 30 days in which to present written data, of Services of Independent Labora do [1\2':1,2] azepino [4,5-b] indole) and views, and argument. No response has tories its salts, LSD (LSD-25, d-lysergic acid been made. Pursuant to sections 7(c) and diethylamide), mescaline and its salts, 7(d) of the Fair Labor Standards Act of M iscellaneous A m en dm en ts psilocybin (psilocibin), and psilocyn 1938 (29 U.S.C. 207 (c) and (d)) as Correction amended by the Fair Labor Standards (psilocin) : Amendments of 1966 (Public Law 89- In F.R. Doc. 68-497 on page 488 ap (1) For clinical testing in man until a 601), Reorganization Plan No. 6 of 1950 pearing in the issue of Saturday, Jan proposal for such studies has had ad (3 CFR, 1949-53 Comp., p. 1004), Secre uary 13, 1968, the following corrections vance approval by the Commissioner of tary’s Order 19-67 (32 F.R. 12980) and are made: Food and Drugs on the basis of a Notice the procedures set out in 29 CFR Part 526 (32 F.R. 5775), the proposed findings are 1. In § 405.1306(a) the word “than” of Claimed Investigational Exemption hereby made. in the second line should read “that”. for a New Drug (form FD 1571) justify For the purpose of these findings, the 2. In § 405.1313(b) (2) the w ord ing such studies. nursery stock storing and packing in “bachelor” in the second line should read (2) For tests in vitro or in laboratory dustry is defined to include the handling, “ master” . research animals until a proposal for packing, storing, and preparing of nurs such studies has had advance approval ery stock, and any operations necessary or incidental thereto. by the Commissioner on the basis of the Accordingly, 29 CFR Part 526 is hereby Title 21— FOOD AND DRUGS submission of complete information de amended by deleting from the list pro scribing the purpose, design, and extent vided in § 526.10 “Nursery stock, storing Chapter I— Food and Drug Adminis of the intended studies, the qualifications and packing” together with the date and tration, Department of Health, Edu and’facilities of the investigator, and the citation set opposite that industry, and cation, and Welfare by adding to the list provided in § 526.12 source and shipper of the drug. “ Nursery stock storing and packing in SUBCHAPTER A— GENERAL (3) For clinical investigations in ani dustry” with the date of this document mals until a proposal for such studies has shown under the heading “Date of find* PART 3— STATEMENTS OF GENERAL had advance approval by the Commis ing” and the volume and page of the POLICY OR INTERPRETATION sioner on the basis of information sub- F ederal R egister in which this ^docu ment appears under the heading “Cita Tnitted. pursuant to § 130.3a (b) of this Conditions for Investigational Use of tion” . As these amendments merely grant the Hallucinogenic Drugs Bufoten chapter, including the qualifications and exemptions, no delay in their effective ine, DET, and Ibogaine and Their facilities of the investigator and the date is required by 5 U.S.C. 553(d). Such Salts source and shipper of the drug. delay would serve no useful purpose. (b) This statement of policy applies to These amendments shall, therefore, be There is increasing evidence that DET all shipments, deliveries, or other disposi effective immediately. (N,N-diethyltryptamine) is being mis tions of the drugs specified in paragraph (29 U.S.C. 207 (c) and (d )) used, and its misuse has been associated (a) of this section after January 31,1968. Sigped at Washington, D.C., this 26th with serious side effects including serious (Secs. 505, 511(b), 701(a), 52 Stat. 1052, as day or January 1968. mental changes and psychotic manifesta amended, 1055; 70 Stat. 229; 21 U.S.C. 355, 360a(b), 371(a) ) C larence T. L undquist, tions. Bufotenine (5-hydroxy-lV-dimeth- Administrator, Wage and Hour yltryptamine) and ibogaine (7-ethyl-6,6a, Dated: January 18, 1968. and Public Contracts Divi 7,8,9,10,12,13-octah yd ro-2 - methoxy - 6, Jam es L. G oddard, sions, U.S. Department oj 9-methano-5H-pyrido [l',2':l,2] aze- Commissioner of Food and Drugs. Labor. pino [4,5-b] indole) have also been en [F.R. Doc. 68-1005; Filed, Jan. 30, 1968; JF.R. Doc. 68-1178; Filed, Jan. 30, 1968, countered in illegal channels, and both 8:45 a.m.] O • A Q o m 1 FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2385 § 842.29 Settlement authority. claims officer had determined that the Title 32— NATIONAL DEFENSE * * * * * cost to turn the property in to Govern ment salvage would exceed its monetary Chapter VII«— Department of the (b) * * * value, he may ask the claimant to dis Air Force (3) * * * ♦ ♦ * card it.) SUBCHAPTER D— CLAIMS AND LITIGATION (Z) First Air Force. Subpart D— Claims Under the Mili PART 842-i-ADMINISTRATIVE * * * * * tary Claims Act (10 U.S.C. 2733) CLAIMS § 842.31 Items turned in for salvage. § 842.41 General. [Amended] Miscellaneous Amendments If an item on which an award is based 5. Paragraph (a) of § 842.41 is amend is determined to have salvage value, the Subchapter D of Chapter VII of Title ed by changing the word “approval” in approving authority notifies the claimant lines 10 and 11 to read “approved.” 32 of the Code of Federal Regulations is in writing that the item must be deliv 6. Section 842.46 is revised to read as amended as follows: ered to the Air Force Redistribution and follows: Marketing (R&M) office as a condition § 842.0 Scope. [Amended] § 842.46 Claims payable under this sub 1. Section 842.0 is amended by chang to payment of his claim. (Exception: If part. ing the word “prevent” in the last line A B to read “present.” Buie If claim.arises from— Then under this subpart it is— Subpart A— Processing Claims ------1______1 Noncombat activities whether or not negligence is alleged or 2. Section 842.1 is amended by revis present. ing paragraph (d) (3) to read as follows: 2 Negligent or wrongful act or omission by Air Force military § 842.1 Who may present a claim. or civilian personnel in the scope of their employment that Payable. results in personal injury or death, or damage to real or * * * # * personal property, when not cognizant under (but not prohibited by) the Federal Tort Claims Act, the Foreign (d) * * * Claims Act, or an international agreement (but see rule 7). (3) Subrogated claims are not cogniz able under Subpart B, C, or G of this 3 Loss or damage of personal property shipped at Government Payable, and if damage or loss occurred expense by persons not proper claimants under Subpart C under circumstances forwhich carrier was part. of this part. responsible, claimant must make a de • * * * * mand for payment on carrier or insurer. 4 Damage to or loss or destruction of registered or insured mail Payable, and will be processed as a bail Subpart C— Personnel Claims while in custody of authorized Air Foree military or civilian ment claim (see § 842.45(a)). personnel, e.g., unit mail clerks, even though damage or loss (31 U.S.C. 240-243) resulted from criminal acts or Air Force noncombat activities. 3. The title of Subpart C is amended 5 Damage to or loss of bailed property (see § 842.45(a)). as set forth above. 6 Combat activities of military forces during war or armed con 4. Section 842.20 is revised; § 842.22 is flict. amended by revising paragraph (b) (3); 7 Injury to or death of military personnel incident to their services. §842.29 is amended by revising para 8 Injury to or death of civilian employees covered by Federal. graph (b) (3) (i) (I) ; and § 842.31 is re Employees’ Compensation Act (5 U.S.C. 8101) or Long vised. These sections now read as follows: shoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 901), as applicable to certain civilian employees of nonappropriated fund instrumentalities of the US Armed § 842.20 Scope of subpart. Forces (5 U.S.C. 2105(c) under 5 U.S.C. 8171-8173). This subpart tells how to administra 9 Death, injury, or damage in a foreign country when claim is presented to authorities of a foreign country under Article tively settle and pay claims presented by VIII, N ATO Status of Forces Agreement, Article X V III, Air Force military and civilian personnel Japanese Status of Forces Agreement, or similar treaty or agreement, if reasonable disposition was made of claim and for personal property damaged or lost claimant has given U.S. Government release. incident to their service. 10 Death, injury, or damage occurring in a foreign country to an § 842.22 Presenting cognizable claims. inhabitant of a foreign country. * * * * * 11 Purely contractual transactions. N ot payable.’ (b) * * * 12 Private, as distinguished from Government transactions. (3) Losses resulting from marine or 13 Patent or copyright infringement. aircraft incident. Losses experienced by 14 Damage, rent, or other expenses or income involved in acquisi crew members and passengers in marine tion, possession, and disposition of or interest in real property by and for the Air; Force. w aircraft incidents while in a duty 15 Taking of private real property by trespass by flight of aircraft status are cognizable. They may include over property. Jettisoned baggage, items of clothing 16 Loss or damage of mail of any type in the possession of the Post De“lg worn at the time of the disaster, a Office department, a Military Postal Service or to ordinary mail and minimum-fee insured mail without an insurance reasonable amount of money, reasonable number or requirement for hand-to-hand receipt, and loss of Proper amounts of jewelry, and registered mail by enemy action. ® er lost items. Losses by Air Force 17 Loss of.rental fee for personal property. embers or employees in leave status 18 Death, injury, or damage that is being litigated against the e payable only if they occur during au- United States. orized government transportation. N ote: N o award for any claim under this subpart may include reimbursement for any medical, hospital, or burial * * * * expenses borne by the United States. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2386 RULES AND REGULATIONS Subpart E— Foreign Claims (10 U.S.C. 2734) General, HQ USAF, if the commission 7. Sections 842.53 and 842.54 are revised to read as follows: was appointed by an authority other than PACAF or USAFE. § 842.53 Claims cognizable under this subpart. (2) The appointing authority indi cated in subparagraph (1) of this para A B C graph will take the following action on a claim which a commission has Rule If a claim arising outside the U.S., its possessions, or Puerto Rico— Then under this And It is— subpart it is— approved for an award between $5,000 and $15,000: 1 Arises from damage, loss, personal injury, or death caused by act or Payable. (1) Approve the award; or omission of Air Force military or civilian personnel or is otherwise (ii) Return claim to the commission incident to Air Force noncombat activities. '\ . for further consideration. 2 Is for damage to or loss of real property of any foreign country, its (c) Claims recommended for payment political subdivision, or inhabitant, including damage or loss in for more than $15,000. (1) When a three- cident to use and occupancy unless excluded by rule 14. member commission recommends ap 3 Is for damage to or loss of personal property of owners shown in rule 2, proval of a claim for more than $15,000, including property bailed to the U.S. it will forward the claim promptly with 4 Is based oh personal injury or death of an inhabitant of a foreign its related investigatiye file and memo country. randum opinion, through claims chan 5 Is a nonappropriated fund claim (see note 1). nels to Hq USAF (AFJALD). The memo randum opinion will include a narrative 6 Has been presented to authorities of a foreign country and settled Cognizable...... Not payable. under Article V III of N ATO Status of Forces Agreement, Article description of the incident, specific find X V III of Japanese Status of Forces Agreement, or similar treaty or ings of fact, citations of authority, and agreement. concise recommendations concerning the 7 Is purely contractural in nature (see note 2). proposed action to be taken by the Sec 8 Is for court costs or reimbursement for a satisfied judgment against Air retary of the Air Force. Force military or civilian personnel. (2) The Judge Advocate General will refer the claim to the Secretary of the 9 Arises from private contractual relationship between contract person nel and third parties about property leases, public utilities, hiring of Air Force with his comments and advice. domestic servants, and debts of any description (see note 3). (3) The Secretary of the Air Force, 10 Is based solely on compassionate grounds (see note 4). if he considers the claim meritorious and cognizable under the Foreign Claims Act, 11 Is a bastardy Claim. will: 12 Is for patent or copyright infringement. (i) Return it to the commission 13 Is waived under an international agreement. through claims channels for settlement in an amount not over $15,000, or 14 Is for rent, damage, or other payments involving regular acquisition, possession, and disposition of real property or interests therein by or (ii) Make an award in an amount of for the Air Force. more than $15,000 that he considers just 15 Is presented by a Communist country or its inhabitant (see note 5). and reasonable, and, upon receipt of a settlement agreement from the claim 16 Is for taking real property by trespass through flight of aircraft, when ant in full satisfaction of the entire no actual physical damage resulted. claim, certify the claim to Congress for 17 Is payable under Federal Employees’ Compensation Act (5 U.S.C. payment. ' 8101, et seq.), or the Longshoreman’s and Harbor Workers’ Com pensation Act (33 U.S.C. 901, et seq.), or U.S. contract and costs or (4) If the Secretary of the Air Force premiums are paid by the U.S. finds that the claim is without merit, he 18 Results directly or indirectly from combat activities. will disapprove it. (d) Disapproval authority of foreign 19 Is presented during a period when settlements are suspended by a commander during war or armed conflict. claims commissions. When total disap proval is warranted, a foreign claims 20 Is based on negligence of a concessionaire or other independent con tractor. commission’s settlement authority is limited by the dollar amount of the 21 Arises out of activities of dependents of members and employees of the Not cognizable. Air Force, their guests, servants, or pets, unless directly attributable claim as presented by the claimant. For to lack of control or supervision by an Air Force member or em example, a one-man commission may not ployee. disapprove a claim for more than $1,000, 22 Is presented while litigation, commenced by the claimant and arising and a three-man commission’s limit is from the same incident or accident, is pending against the U.S. or its $15,000. Claims for more than $15,000 employees. which are recommended for disapproval must be referred to Hq USAF (AFJALD) N otes: 1. These claims are paid as prescribed by regulation of service concerned (Subpart M of this part covers Air Force claims). for settlement action by the Secretary 2. Exception: Irregular procurement damage claims should be settled under this subpart if procurement authorities of the Air Force, as stated in paragraph cannot effectively regularize the action and make proper payment under procurement procedures; forward to Hq (c) (2) and (3) of this section. Claims USAF (AFJALD) through channels the flies of any cases on which procurement and claims personnel cannot reach an agreement about claims disposition. within the monetary jurisdiction of a 3. Forward these claims for action to the commander of the individual concerned (see A F R 35-29). foreign claims commission that are dis 4. Solatium is not payable out of claim funds but procedures for paying it out of O&M funds as an investigative expense under provisions of DoD annual appropriations act have been approved. approved do not require any action by 5. These claims are considered on an individual basis and settled under this subpart only when specifically author the appointing or other designated au ized by H q USAF (AFJALD) through claims channels. thority as in paragraph (b) (1) of this § 842.54 Settlement authority. mission may settle under this subpart section. and pay in an amount not more than (a) Claims payable for $1,000 or less. Subpart F— International Agreement $15,000 any claim regardless of the Unless otherwise specifically limited in Claims (10 U.S.C. 2734a and the appointing orders, a one-member amount of the claim presented. However, awards between $5,000 and $15,000 are 2734b) foreign claims commission is authorized subject to the approval of: to settle under this subpart and pay in an §842.64 Effect of NATO SOFA and (i) The appointing authority, if the other SOF agreements on U.S. sta - amount not more than $1,000 a claim commission was appointed by PACAF or utes. [Amended] presented for $2,500 or less. USAFE; or 8. Section 842.64 is amended by chang- (b) Claims payable for $15,000 or less. (ii) Chief or Assistant Chief, Claims ng the citation in the last line of Para" (D A three-member foreign claims com Division, Office of The Judge Advocate ;raph (a) to read “ 5 U.S.C. 8101-815 • FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2387 Subpart H— Admiralty Claims (10 (h) From damages caused by impos § 8 4 2 .1 0 6 Statute o f limitations. [Amended] U.S.C. 9801-9804 and 9806) ing or establishing a U.S. quarantine. (i) From willful torts, assault, battery, 12. Section 842.106 is amended by § 842.92 Payable and nonpayble claims. false imprisonment, false arrest, mali changing the word “subsequent” in line [Amended] cious prosecution, abuse of process, libel, 11 of paragraph (b) to read “on or after.” 9. Section 842.92 is amended by revis slander, negligent or intentional misrep 13. Section 842.111 is amended by ing lines 6-8 of Rule 6. column A, to read resentation, deceit, or interference with revising paragraph (f) to read as follows: contract rights. “Act (5 U.S.C. 8101, et seq., formerly 5 § 8 4 2 .1 1 1 Settlement authority. U.S.C. 751) applies.” (j) - From combat activities of military forces. 4* ♦ ♦ ♦ 4» Subpart I— Claims Under the Federal (k) During periods of national emer (f) Claims for $500 or less. The staff Tort Claims Act (28 U.S.C. 2671 — gency. judge advocate of each Air Force base, 2680) (l) From a flood. station, and fixed installation may settle (m) From the inherent risk in a given claims for $500 or less. § 842.102 Proper claimants under the activity and the individual has accepted v Federal Tort Claims Act. [Amended] that risk by signing a “covenant not to Subpart N— Civil Air Patrol (CAP) 10. Section 842.102 is amended by sue” or any other release effective under Claims (5 U.S.C. 8141(c); 10 U.S.C. changing the name of the act referred to local law.. 2733, 2734, 9441, and 9801-9806; in line 4 of Note 1 of the table to read (n) When the Government takes an 28 U.S.C. 2671-2680; 31 U.S.C. 71, “the Military Personnel and Civilian easement in air space over land. 951-953; and 36 U.S.C. 201-208) Employees’ Claims Act.” 11. Section 842.103 is amended by (o) From damage to property of U.S. 14. Section 842.162 is revised to read as revising paragraph (b); and § 842.104 is Government departments or agencies. follows: revised to read as follows: (p) In a foreign country. § 8 4 2 .1 6 2 Cognizable third party claims. § 842.103 Cognizable claims. A B C * * * * * Rule (b) Determining scope of employ If claim Is— And— Then it is— ment. The Department of the Air Force 1 For personal Injury, death, or It arises from an accident or incident and was Cognizable (see is liable under this subpart only for the property damage. proximately caused by the CAP acting under note 1). Air Force direction on a specially assigned acts or omissions of its military and mission. civilian personnel while performing with 2 A reimbursement claim...... If for use or depreciation of privately owned in the scope of their employment. For property used by the C AP , its senior members, this purpose, the limited “line of duty” or cadets on any mission specifically assigned by the Air Force. set forth in the Federal Tort Claims Act Not cognizable. and “scope of employment” are syn- 3 An idemnity claim______Is for damage to or loss of privately owned prop onoymous under the principle of the erty used on any mission specifically assigned b y the Air Force that resulted from acts or doctrine of respondeat superior. omissions of the owner or operator. * & 4c 4c 4c 4 For personal services or ex They were incurred by the. CAP, its senior mem Cognizable (see § 842.104 Claims not cognizable. bers, or cadets while engaged in any mission note 2). penses. specifically assigned by the Air Force. A claim is not cognizable under this 5 For damage or injury_____ . . . . . It arises out of CAP accident or incident tfiat subpart if it arises: occurs when CAP is not under Air Force direction. (a) For any cause that is otherwise Not cognizable (see cognizable under this subpart and is 6 It arises out of CAP accident or incident occurring note 3). presented for more than $2,500, includ outside time limits prescribed for an Air Force ing all interests, subrogated and prin specially assigned mission. cipal, and accrues before January 18, 7 Based solely on Government Not cognizable. 1967. ownership of property on loan to CAP: (b) From act or omission of military or civilian personnel exercising due care N otes: 1. This is not to be construed as creating a bailment or loan to the Air Force of privately owned property. in executing a statute or directive, re 2. See A F R 46-5 and 10 U.S.C. 9441 for CAP-reimbursable expenses. gardless of whether the statute or di 3. See case of Pearl v. United States, 230 F. 2d 243 (D .C. Okla. 1956). rective was valid. (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012, except as otherwise noted) [AFM 112-1, Ch. 1, Nov. 20,1967] (c) From the exercise or performance By order of the Secretary of the Air Force. of, or failure to exercise or perform, a L u cian M . F erguson, discretionary function or duty by a Fed Colonel, United States Air Force, Chief, Special Activities Group, Office of eral agency or a Government employee, The Judge Advocate General. regardless of whether the discretion in [F.R. Doc. 68-1127; Filed, Jan. 30, 1968; 8:45 ajn.] volved is abused. (d) Out of loss, miscarriage, or negli tions were prescribed in 33 CFR 117.245 gent transmission of letters or postal Title 33— NAVIGATION AND (f) (27) has been replaced by a fixed matters. bridge and these special regulations are (e) hi connection with assessment or no longer applicable. The purpose of this NAVIGABLE WATERS document is to revoke the requirements collection of any tax or customs duty, Chapter I— Coast Guard, Department in 33 CFR 117.245(f) (27) that prescribe or detention of any goods or merchan of Transportation special regulations for the operation of dise by any customs or excise officer or the Atlantic Coastline Railroad draw other law enforcement officer. SUBCHAPTER J— BRIDGES bridge over Baines Creek, Va., due to the U) From admiralty causes for which [CGFR68-1] replacement of this drawbridge by a fixed bridge. 7ggemedy iS provided by 46 U.S.C. 741- PART 117— DRAWBRIDGE OPERA 2. By virtue of the authority vested TION REGULATIONS in me as Commandant, U.S. Coast Guard, FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2388 RULES AND REGULATIONS § 117.245 Navigable waters discharging shall become effective on February 1, § 50—202.18. Battery industry. into the Atlantic Ocean south o f and 1968, good cause being hereby found for * * * * t including Chesapeake Bay and into providing no more delay, because per the Gulf of Mexico, except the Mis sons affected have been on notice since (b) Minimum wages. (1) The mini sissippi River and its tributaries and November 28, 1967, that February 1, mum wage for persons employed in the outlets; bridges where constant at 1968, was the intended effective date. manufacture or furnishing of lead-acid tendance of draw tenders is not re Providing an effective date for the $1.60 storage batteries or plates therefor shall quired. minimum wage under the Walsh-Healey be not less than $1.80 an hour. ***** Public Contracts Act which will coincide (2) The minimum wage for persons (f) Waterways discharging into with the effective date of the same mini employed in the manufacture or furnish Chesapeake Bay. * * * mum wage which Congress has provided ing of all other products of the battery for the Fair Labor Standards Act of 1938 industry shall be not less than that pre (27) [Revoked] scribed in § 50-202.2. * * * * * will simplify the problems of compliance as well as administration and enforce 10. Section 50-202.21, entitled “Elec 3. The authority note for Part 117 is ment of the two Acts. tron tubes and related products indus amended to read as follows: 1. Section 50-202.2 is revised to read try” , is deleted. Au t h o r it y : The provisions of this Part 117 as follows: 11. Section 50-202.22, entitled “Drugs issued under sec. 5, 28 Stat. 362, as amended, § 50—202.2 Minimum wage in all in sec. 6 (g ), 80 Stat. 941; 33 U.S.C. 499, 49 and medicines industry”, is deleted. U.S.C. 1655(g); 49 CFR 1.4(a) (3) (v) ; unless dustries except to the extent to which 12. Section 50.202.23, entitled “Paper otherwise noted. a higher minimum wage is provided and paperboard containers and pack in Subpart C. Dated: January 22, 1968. aging products industry”, is deleted. In all industries, except to the extent 13. Section 50-202.26, entitled “Office, W. J. Smith, to which a higher minimum wage is Admiral U.S. Coast Guard, provided in Subpart C, the minimum computing, and accounting machines in Commandant. wage payable to employees described in dustry” , is deleted. [F.R. Doc. 68-1136; Filed, Jan. 30, 1968; § 50-201.102 of this chapter shall be not §§ 50-202.21, 50-202.22, 50-202.23, 8:45 a.m.] less than $1.60 per hour. 50-202.26 [Deleted] §§ 50-202.5, 50-202.6 [Deleted] 14. Subparagraph (1) of paragraph 2. Section 50-202.5, entitled “ Photo (b) of § 50-202.27 is revised to read as Title 41— PUBLIC CONTRACTS graphic and blueprinting equipment and follows: supplies industry” , is deleted. § 50—202.27 Miscellaneous chemical AND PROPERTY MANAGEMENT 3. Section 50-202.6, entitled “ Soap and products and preparations industry. related products industry” , is deleted. * * * * * Chapter 50— Public Contracts, 4. Subparagraphs (2) and (3) of para Department of Labor graph (b) of § 50-202.7 are revised to (b) Minimum wages— (1) Product read as follows: Group 1. The minimum wage for persons PART 50-202— MINIMUM WAGE § 50—202.7 Paper and pulp industry. employed in the manufacture (including DETERMINATIONS * * * * * packaging) or furnishing of the products in Product Group 1 of the miscellaneous Adjustment to Wage Increases Under (b) Minimum wages. * * * Fair Labor Standards Act (2) The minimum wage for persons chemical products and preparations in dustry shall be not less than that pre On November 28, 1967, a notice was employed in the manufacture or fur nishing of products in the rag paper and scribed in § 50-202.2. published in the F ederal R egister (32 F.R. 16220) proposing to make a final pulp branch of the paper and pulp indus ***** prevailing minimum wage determination try shall be not less than that prescribed §.50-202.31 [Deleted] in § 50-202.2. under section i (b) of the Walsh-Healey 15. Section 50-202.31, entitled, “Elec Public Contracts Act (41 U.S.C. 35(b)) (3) The minimum wage for persons for effect as to all contracts subject to employed in the manufacture or furnish tronic equipment industry”, is deleted. the Public Contracts Act, bids for which ing of products in the converted sanitary (41 U.S.C. 35, 38, 43a) paper products branch of the paper and are invited, offers for which are solicited, Signed at Washington, D.C., this 26th or negotiations otherwise commenced on pulp industry shall be not less than that or after February 1, 1968, that the pre prescribed in § 50-202.2. day of January 1968. vailing minimum wage is $1.60 per hour ***** W. W illard W irtz, in all those groups of industries currently §§ 50-202.10, 50-202.14, 50-202.15 Secretary of Labor. operating in each locality in which thè [Deleted] [F.R. Doc. 68-1180; Filed, Jan. 30, 1968; materials, supplies, articles, or equip 8:48 a.m.] ment are to be manufactured or fur 5. Section 50-202.10, entitled “ Paint, nished under such contracts, except varnish, and related products industry”, those particular or similar industries for is deleted. which minimum wage determinations 6. Section 50-202.14, entitled “ Scien Title 45— PUBLIC WELFARE tific, industrial, and laboratory instru higher than $1.60 per hour have been Chapter VI— National Science made. The notice of proposed determina ments industry” , is deleted. tion took official notice, under section 7. Section 50-202.15, entitled “Metal Foundation 7(d) of the Administrative Procedure business furniture and storage equip [NSF Circular 54] Act (5 U.S.C. 556(e) ) of all of the facts ment industry” , is deleted. ' prerequisite to the determination it pro 8. That portion of paragraph (b) of PART 600— STANDARDS OF CON posed. Persons adversely affected or § 50-202.16 reading “District 12. Iowa: DUCT OF EM PLO YEES AND aggrieved by the proposal were given an $1.40” is revised to read as follows: CONSULTANTS opportunity to demand a hearing, and to § 50—202.16 Bituminous coal industry. make a showing contrary to the facts Miscellaneous Amendments officially noticed. No request for a hear ***** Correction ing has been received. (b) Minimum wages. * * * In F.R. Doc. 68-778 on page 746 ap Accordingly, pursuant to sections 1, District 12. Iowa: Not less than that mini pearing in the issue of Saturday, JbA" 4, and 10 of the Walsh-Healey Public mum wage prescribed in § 50-202.2. Contracts Act (41 U.S.C. 35, 38, 43a), 41 ***** uary 20, 1968, in line 30 of § 600.735-8 CFR Part 50-202 is hereby amended as 9. Paragraph (b) of § 50-202.18 is re the word “requiring” should rea indicated below. These amendments vised to read as follows: “acquiring”. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2389 grade anhydrous ammonia (i.e., at least In accordance with the Federal Re Title 49— TRANSPORTATION 99.995 percent pure) will not cause stress ports Act of 1942, the reporting and rec corrosion cracking if the vessel has been ording requirements contained in Chapter I— Department of properly purged of air. This amendment Amendment 177-1 have been approved Transportation makes appropriate provisions for this by the Bureau of the Budget under [Docket No. HM-5; Arndts: 173-1,177-1] special use. Docket No. 4S68001. PART 173— SHIPPERS This amendment is addressed to In consideration of the foregoing, known stress corrosion conditions. There Parts 173, and 177 of the Hazardous Ma PART 177— SHIPMENTS MADE BY are still some important operating con terials Regulations of the Department WAY OF COMMON, CONTRACT, ditions involving potential stress cor of Transportation (49 CFR, Parts 170- OR PRIVATE CARRIERS BY PUBLIC rosion cracking which may be uncov 190) are hereby amended as follows, ef HIGHWAY ered during the required inspection. fective January 31, 1968. This amend ment is made under the authority of sec Stress Corrosion in MC 330 and MC There is reason to suspect that the sul fides, which may be found dn “sour” li tions 831-835 of title 18, United States 331 Cargo Tanks quefied petroleum gas, are potential con Code, and section 9 of the Department Transporters of anhydrous ammonia tributors to stress corrosion cracking. of Transportation Act (49 U.S.C. 1657). in MC 330 and MC 331 cargo tanks (con Reference is made in the amendments Issued in Washington, D.C., on Janu structed of quenched and tempered to Part 177 to the “ASME Code, 1965 ary 26, 1968. steels) have recently experienced nu Edition.” Copies of this code are avail L o w e l l K. B r id w el l , merous occurrences of a phenomenon able from the American Society of Me Administrator, known as stress corrosion cracking. chanical Engineers, 345 East 47th Street, Federal Highway Administration. Stress corrosion cracking is the spon New York, N.Y. 10017, for a nominal taneous failure of a metal resulting from charge. I. By amending Part 173 as follows: the combined effects of corrosion and (A) Section 173.315(a)(1) Table is As a situation exists which demands stress. Fortunately, the stress corrosion amended by adding the following Note immediate adoption of this regulation in cracking experienced in MC 330 and MC 14 at the end thereof: 331 cargo tanks to date has been such the interests of public safety, it is found that notice and public procedure hereon § 173.315 Compressed gases in cargo that only minor leaks have occurred with tanks and portable tank containers, sufficient warning being provided to the are impractical and good cause exists for making this amendment effective with (a) * * * operator to facilitate corrective action. (1) * * * However, stress corrosion cracking in the out notice and in less than 30 days. pressure vessels concerned could result in a much more drastic failure wherein an Maximum permitted filling density Specification container required entire section of the vessel could fail and thereby permit a catastrophic escape of Kind of gas Percent by Percent by volume Minimum the vessel’s contents. weight (see (see par. (f) of Type (see Note 2) design Note 1) this section) pressure Under § 173.315 of the hazardous ma (p.s.i.g.) terials regulations the MC 330 and MC 331 quenched and tempered steel cargo ( Change) tanks concerned are authorized for the Anhydrous ammonia (see 56-__...... 82; see Note 5______ICC-51, MC-330, M C- 265. Note 14). 331, see Note 12. transportation of 23 different kinds of * * * * * * * * * * * * gas. All of these materials are transport ed under high pressure. Many of these § 177.817 Shipping papers. commodities are toxic or flammable. Note 14: Specifications MC 330 and MC The purpose of this amendment is to 331 cargo tanks constructed of other than (a) * * * require the immediate inspection of MC quenched and tempered steel (“NQT” ) are (1) Carriers must not accept for 330 and MC 331 quenched and tempered authorized for all grades of anhydrous transportation nor transport anhydrous cargo tanks to determine the need for ammonia. Specifications MC 330 and MC 331 cargo tanks constructed of quenched and ammonia in specifications MC 330 and repair, and to insure the product reten MC 331 cargo tanks constructed of tion integrity o f the vessels involved. The tempered steel (“QT” ) (see marking require ments of § 177.823(b) (5) of this chapter) quenched and tempered steel, unless the priority of inspection is based on the are authorized for either anhydrous ammonia shipping paper is marked “(0.2% commodities transported in the past and having a minimum water content of 0.2 per water)” or “ (99.995%)” as appropriate, the existing or potential use of the ves cent by weight, or for metallurgical grade to indicate suitability for shipment in sel. Tests already conducted have re anhydrous ammonia (at least 99.995 percent such tanks as authorized by § 173.315- sulted in the withdrawal from service of pure). Any tanks going into anhydrous (a)(1) Note 14 of this chapter. & large num ber of defective tanks. ammonia service which have either been in * * * * * Recognizing the potential hazard of other service or havje been opened for in anhydrous ammonia so far as it con- spection, . test, or repair— including new (B) Section 177.823(b) is amended by tanks— shall be cleaned of the previous prod adding the following new subparagraph nbutes to the stress corrosion cracking uct and shall be purged of air before loading. “ ^enched and tempered steel MC 330 See §§ 173.427(a) (3) and 177.817(a)(1) of at the end thereof:,. si Jr u cargo tanks this amendment this chapter for special shipping paper § 177.823 Required exterior marking Minuitaneousiy requires inhibiting and requirements. on motor vehicles and combinations. „ Je . ve measures to reduce the stress (B) Section 173.427(a) is amended by rosion cracking in future operations. * * * * * adding the following new subparagraph (b) * * * n production of a minimum of 0.2 at the end thereof: rimiC,!nt water. by weight to the anhy- (5) Specifications MC 330 and MC 331 31 shipped after January § 173.427 Shipping papers. cargo tanks shall be durably marked in Cn™ 8’ ls bein? required to inhibit the (a) * * * letters at least two inches high in the Pm-irit!Ve action °f anhydrous ammonia, (3) For shipments of anhydrousarea immediately adjacent to the iden wi^ o i.0 , cargo tanks before loading ammonia in specifications MC 330 and tification plate, “QT” to indicate con auin*f1+ly<*r'ous ammonia is being re MC 331 cargo tanks constructed of sume remove tbe air in the tank, quenched and tempered steel, the shipper struction of quenched and tempered steel to bp an S brof.edure has also been proved must also show “(0.2% water)” or or “NQT” to indicate construction of cnrmri««, . n effective : . deterrent ««'TOnciit agaiusiagainst stress “ (99.995%)”, as appropriate, to indicate other than quenched and tempered steel. bon dinJiH racking‘ (ThLe Presence of car suitability for shipment in such tanks * * * * * der orpsen 6 oxy&en in the tanks un- as authorized by § 173.315(a) (1) Note 14. tributo™Te*?ave been sh°wn to be con- H. By amending Part 177 as follows: (C) Section 177.824 is amended by tory to the corrosion cracking.) (A) Section 177.817(a) is amended by amending paragraphs (a)(1), (e)(3) tbe affected industries adding the following new subparagraph (ii), (f), (g), and (h), and by adding indicated that metallurgical at the epd thereof: a new paragraph (i), to read as follows: No. 21—Pt i______FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2390 RULES AND REGULATIONS § 177.824 Retesting and inspection of shall be used in the fluorescent magnetic (a) Carrier’s equipment number; cargo tanks. particle method. Internal inspection (b) Manufacturer’s name; (a) * * * shall include; all internal welds; all (c) Manufacturer’s serial number' (1) Every cargo tank, except specs. areas extending at least 2 inches from (d) MC 330 and MC 331; MC 330 and MC 331 cargo tanks, must such welds in all directions; all internal (e) “QT” (Quenched and tempered) comply with the testing and marking re surfaces at least 2 inches in all directions or “NQT” (Not quenched and tempered); quirements prescribed in paragraphs (a), from all exterior welds; entire internal (iii) A supplemental report shall be (b), (c), (d), and (h) of this section. In surface of tank heads. If any cracks are submitted for any such tank placed in addition to the requirements contained found the entire interior surface of the service after the date of the initial report. in § 173.33(e) of this chapter, spec. MC tank shall be inspected. (7) Each motor carrier operating any 330 cargo tanks must comply with the (3) Schedule of testing for MC 330 MC 330 or MC 331 cargo tank of testing and marking requirements pre and MC 331 quenched and tempered quenched and tempered steel shall sub scribed in paragraphs (a), (e), (f), and steel cargo tanks. mit to the Director, Bureau of Motor (h) of this section; and spec. MC 331 (i) Any cargo tank which has at any Carrier Safety, Federal Highway Admin cargo tanks must comply with the test time been used to transport anhydrous istration, Department of Transportation, ing and marking requirements pre ammonia shall not be used for the trans Washington, D.C. 20591, a written report of each inspection required by this para scribed in paragraphs (f) and (h) of portation of liquefied petroleum gas graph, and any repairs required by that this section. after March 31, 1968, and shall not be inspection, signed by a responsible officer * * * * * used to transport any other flammable of the carrier. Each report shall be sub (e) * * * compressed gas or anhydrous ammonia mitted within 30 days after the inspec (3) * * * after April 30, 1968, unless it has been tion is made and shall contain the follow (ii) Except for the internal test, the tested in accordance with subparagraph ing information: test required by this subparagraph shall (1) of this paragraph, and unless all use (i) Carrier’s name, address, and tele be made either by the magnetic particle after that test has been in accordance phone number; method, the radiographic method, or the with Note 14 to § 173.315(a) (1) of this (ii) Complete name plate data re ultrasonic method. If the magnetic parti chapter. quired by specification MC 330 or MC cle method is used, the test shall be (ii) Any cargo tank which has never 331; conducted in accordance with appendix been in anhydrous ammonia service, and (iii) Carrier equipment number; VI, section Vm , ASME Code, 1965 Edi which has been used to transport lique (iv) Vessel material specification tion, except that permanent magnets fied petroleum gas shall not be used to number; may not be used for this purpose. The transport any flammable compressed gas (v) Whether or not stress relieved ultrasonic method may be used only in after December 1, 1968, unless it has after fabrication and after repair; full compliance with the provisions of been tested in accordance with subpar (vi) Name and address of the person Case Interpretation 1275N of the ASME agraph (1) of this paragraph, and unless performing the test; Code, 1965 Edition. If the radiographic all use after that test has been exclu (vii) Nature and severity of defects method is used, the test shall be con sively in the transportation of liquefied found, if any. Information should be fur ducted in accordance with the require petroleum gases which meet specifica nished to indicate location of defects, ments of section VIII, of the ASME tions NGPA (National Gas Processors such as in weldsp heat-affected zone, Code, 1965 Edition. The internal test Association) 2140 (1962 Edition). liquid phase, vapor phase, around pads, shall be made by the wet fluorescent (4) Cargo tanks which have been used head-to-shell seam, or other possible lo magnetic particle method in accordance exclusively to transport at least 99.995 cations. If no defect or damage was dis with appendix VI, section VM , of the percent pure anhydrous ammonia are covered, that fact shall be reported; ASME Code, 1965 Edition. If any failure exempt from the testing requirements in (viii) How repairs were made, by what to comply with the Code under which the this paragraph. Cargo tanks which have method, and by whom; tank was built, or if any defective plate been used exclusively to transport lique or weldment is disclosed by‘ the test, the fied petroleum gases which meet specifi (ix) Disposition of the tank; defect shall be repaired in accordance cations NGPA 2140 (1962 Edition) are (x) Whether use for transportation of with the provisions of the Code under also exempt from those testing require anhydrous ammonia, liquefied petroleum which the tank was built before replac ments. Any such exemptions shall be de gas, or both. ing the vehicle in service. scribed in the report required by sub- (8) A copy of each report required by * * * * * paragraph (6) of this paragraph. this paragraph shall be retained by the (f) MC 330 and MC 331 cargo tanks. (5) All cracks and other defects found carrier during the period the tank is in the carrier's service and for 1 year there- (1) Every quenched and tempered steel shall be repaired in accordance with the after. cargo tank constructed in accordance repair procedures described in section with specification MC 330, except tanks VIII, of the edition of the ASME Code (9) Each carrier offering an MC 330 not equipped with manways, or in ac under which the tank was built. Any or MC 331 cargo tank for sale or lease cordance with MC 331, which have con tank requiring welded repairs shall meet shall provide a copy of the results of any tained either anhydrous ammonia or all the requirements of § 178.337-16. tests made under this paragraph for in liquefied petroleum gas shall be inter (6) Each motor carrier operating spection by each prospective purchaser nally inspected by the wet fluorescent any MC 330 or MC 331 cargo tank of or lessee. magnetic particle method. This test is any type steel shall submit to the Direc (g) Special testing required "by in addition to any test which may be tor, Bureau of Motor Carrier Safety, partment. Upon the showing of probac required in paragraph (e) of this sec Federal Highway Administration, De cause of the necessity for retest, t tion. This subparagraph does not apply partment of Transportation, Washing-, Department may require any cargo ta to any cargo tank which was so tested ton, D.C. 20591, an initial written report to be retested at any time in accordance and which has been used exclusively in before May 1, 1968. This initial report with the requirements prescribed for transporting, since the date of that in shall include the following information: periodic retest. . spection, the materials described in Note (i) Carrier’s name, address, and tele (h) Test date markings. The date» 14 to § 173.315 (a) (1) or subparagraph phone number; the last test shall be durably m arked o (4) of this paragraph. (ii) A list of all MC 330 and MC 331 the tank in letters not less than i inches high, in legible colors near (2) The inspection required by sub- cargo tanks in that carrier’s service on metal certification plate. The . , paragraph (1) of this paragraph shall the date of the report (other than cargo be conducted in accordance with appli be followed by the letter “V ^>r.viLj.. cable part of appendices VI or VTH, tanks used in interchange service which (or magnetic particle, x-ray, +iC) section Vm, of the ASME Code, 1965 are reported by another carrier), includ or “H” for hydrostatic (or pneumati Edition. An alternating current yoke ing the following information: test. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2391 (i) Withdrawal of certification. If, as the result of an accident or for any other reason the cargo tank ceases to comply with the applicable specification, the car rier shall remove the metal certification plate or otherwise make it illegible (see § 173.22(b) of this chapter). The details pertaining to action necessitating with drawal of certification shall be recorded, dated, and signed on the written certifi cate and the vehicle owner shall retain the certificate for a period of at least 3 years after the date of withdrawal of the certificate. [F.R. Doc. 68-1241; Filed, Jan. 30, 1968; 8:49 a.m.] FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2392 Proposed Rule Making before February 20, 1968, an original and providing for the water port-to-port por FEDERAL MARITIME COMMISSION 15 copies of their views or arguments tions of the movement with this Commis pertaining to the proposed rule. All sug sion. The transportation, however, for [ 46 CFR Part 531 1 gestions for changes should be accompa the most part originates or is destined [Docket No. 68-6] nied by drafts of the language thought to interior U.S. points and moves under necessary to accomplish the desired through bills of lading. The port-to-port SMALL VESSEL OPERATIONS change and by statements and arguments rates filed with this Commission are Exemption in support thereof. merely charges for a segment of the total The Federal Maritime Commission, movement. Notice is hereby given that the Federal Bureau of Compliance, Office of Hearing The rates for the total movement are Maritime Commission is proposing to Counsel, shall participate in the proceed not found in commercial tariffs filed with exempt from the tariff filing require ing and shall file reply to comments on or any regulatory agency. ments of section 2 of the Intercoastal before March 6,1968, by serving an origi Public Law 89-778 (46 U.S.C. 833(a)) Shipping Act, 1933, and section 18(a) of nal and 15 copies on the Federal Mari approved November 6, 1966, authorizes the Shipping Act, 1916 small vessels not time Commission and’ one copy to each the Federal Maritime Commission to ex in excess of 100 tons cargo carrying party who filed comments. Answers to empt certain operations of water carriers capacity or not more than 100 indicated Hearing Counsel’s replies shall be sub or other persons or activities from pro horsepower provided such vessels: (a) mitted to the Federal Maritime Commis visions of the shipping acts, where it finds Are not employed by or under common sion on or before March 18, 1968. that such exemption will not substan control or management of a common tially impair effective regulation by the carrier by water which operates vessels in By Order of the Federal Maritime Commission, be unjustly discriminatory excess of 100 tons or 100 indicated horse Commission January 23, 1968. or be detrimental to commerce. The in power in the same service; (b) are not. [ seal] T h o m as L is i, volved transportation appears to fall used as a part of a continuous through Secretary. within the category of operations which movement by another common carrier by [F.R. Doc. 68-1182; Filed, Jan. 30,, 1968; would not be detrimental to other com water subject to the Shipping Act, 1916; 8:49 a.m.] merce by its exclusion from the FMC’s and (c) are not performing lighterage tariff filing requirements. services in connection with or on behalf Therefore, pursuant to the provisions of another common carrier by water sub [4 6 CFR Parts 531, 536 1 of section 4, Administrative Procedure ject to the Shipping Act, 1916. [Docket No. 68—7] Act (5 U.S.C. 553); Public Law 89-778 The exemption would not relieve such (46 U.S.C. 833(a)); section 2, Inter operations from requirements of the DOMESTIC AND FOREIGN NON coastal Shipping Act, 1933 (46 U.S.C. shipping acts, other than the tariff filing VESSEL OPERATING COMMON 844); section 18(a), 18(b) and 43 of the requirements set forth above. CARRIERS OF USED HOUSEHOLD Shipping Act, 1916 (46 U.S.C. 817, 817(b) This exemption shall apply continu GOODS and 841(a)); the Commission proposes ously to small vessels unless and until to amend Parts 531 and 536 of Title 46 the Commission shall find and, by order, Exemption From FMC Tariff Filing Code of Federal Regulations to provide declare that the regulation of such small Requirements an exemption from the tariff filing re vessels is necessary to carry out policies quirements of the pertinent sections of of the shipping acts. Notice is hereby given that the Federal the shipping acts and of Parts 531 and Public Law 89-778 (46 U.S.C. 833(a)), Maritime Commission is proposing to ex 536 of the Code of Federal Regulations. approved November 6, 1966, authorized empt from the tariff filing requirements The proposed exemption will apply to the Federal Maritime Commission to ex of section 2, Intercoastal Shipping Act, nonvessel operating common carriers by empt certain operations of water carriers 1933 and section 18(a) and (b) (1) of the water when engaged in the transporta or other persons or activities from pro Shipping Act, 1916, the transportation of tion of used household goods when such visions of the shipping acts, where it used household goods, Government and transportation, as to the interior U.S. finds that such exemption will not sub civilian, by nonvessel operating common portion of the movement, is (1) exempt stantially impair effective regulation by carriers by water when the domestic from economic regulation under Part Iv, the Commission, be unjustly discrimina movement within the United States (1) section 402(b) of the Interstate Com tory or be detrimental to commerce. The is exempt under section 402(b) of the merce Act; or (2) is performed for or on involved class of carriers appears to fall Interstate Commerce Act or (2) is carried behalf of the U.S. Government under tne within the category which by their ex for or on behalf of the U.S. Government provisions of section 22 of that Act. under the provisions of section 22 of the clusion from regulation to the extent set The proposed exemption would not af forth would not be detrimental to other Interstate Commerce Act. fect compliance by subject parties wi commerce or impair effective regulation. Nonvessel operating common carriers other requirements of the shipping ac . by water aré subject to regulation by Therefore, pursuant to the provisions Interested persons may participate m of section 4, Administrative Procedure the Federal Maritime Commission (FMC) pursuant to decisions in Docket this rulemaking proceeding by fihngw Act (5 U.S.C. 553); Public Law 89-778 the Secretary, Federal Maritime Co - (46 U.S.C. 833(a) ) ; section 2 Intercoastal No. 701, Bernhard Ulmann Co. v Porto Rican Express Co., 3 F.M.B. 771 (1952) mission, Washington, D.C. 20573, Shipping Act, 1933 (46 U.S.C. 844) ; sec before February 29,1968, an ongma- tions 18(a), and 43 of the Shipping Act, and Docket No. 815, Common Carriers By Water—Status of Express Compa 15 copies of their views or arguments pw 1916 (46 U.S.C. 817, and 841(a)), the taining to the proposed rule. All sugg Commission proposes to amend Part 531 nies, Truck Lines and Other Nonvessel tions for changes should be acc® priW,,. of the Code of Federal Regulations to Carriers, 6 F.M.B. 245 (1961). by drafts of the language thought neces Following the decisions certain motor provide for the exemption of the above- sary to accomplish the desired described vessels from the tariff filing re carriers of used household goods which and by statements and arguments quirements of the pertinent sections of provide through transportation for or on the shipping acts and of Part 531. behalf of the U.S. Government under sec port thereof. ^ . ,nT1 Interested persons may participate in tion 22 of the Interstate Commerce Act The Federal Maritime Col?SLriIig Bureau of Compliance, Office °f-iLSed- this rulemaking proceeding by filing with and Part IV freight forwarders operating under the exemption provisions of Part Counsel, shall participate in theP flr the Secretary, Federal Maritime Com ing and shall file reply to comments mission,. Washington, D.C. 20573, on or 402(b) of that act began filing tariffs FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 PROPOSED RULE MAKING 2393 before March 18, 1968, by serving an sions, (2) access to the exchange market careful attention to their impact upon original and 15 copies on the Federal for qualified nonmember broker-dealers competition, including competition Maritime Commission and one copy to through a professional discount, (3) rec among securities firms, competition each party who filed comments. Answers ognition of limited customer directed among markets and competition among to Hearing Counsel’s replies shall be sub “give-ups” of commissions to both mem institutional investors. This is man mitted to the Federal Maritime Commis bers and nonmembers on New York Stock dated 'by the antitrust laws and the poli sion on or before March 29, 1968. Exchange executions and limitations cies underlying these laws. As the Su upon reciprocal business, (4) a prohibi preme Court has pointed out, the By Order of the Federal Maritime tion of procedures by which institutional Exchange commission rate structure in Commission on January 23, 1968. investors may recapture a portion of the cludes a number of practices which would [ seal] T h o m as L is i, commissions paid by them and (5) a re clearly violate the antitrust laws absent Secretary. quirement that the regional exchanges the Securities Exchange Act and not withstanding the Securities Exchange [F.R. Doc. 68-1183; Filed, Jan. 30, 1968; impose similar restrictions. 8:49 a.m.] The Commission also announced that Act the exchanges do not enjoy a blanket it has under consideration a proposal to exemption from the antitrust laws. Nev adopt Rule 10b-10 (17 CFR 240.10b-10) ertheless where the Commission has jur under the Securities Exchange Act of isdiction to review and pass upon par FEDERAL TRADE COMMISSION 1934. The rule, essentially, would pro ticular Exchange activities, as it has in hibit investment company managers the area of commission rates under sec [1 6 CFR Part 301 1 from directing brokers executing trans tion 19(b) of the Exchange Act, antitrust actions for an investment company to immunity may, under some circum FURS AND FUR PRODUCTS * divide their compensation in any way stances, be implied.lb Such immunity Artificially Colored Products/ Ex with other brokers unless the benefits of would be implied to the extent necessary empted Products; Extension of Time such divison accrue to the investment to reconcile the statutory scheme of the company and its shareholders. The rule Securities Exchange Act With that of the for Filing Further Comments would be adopted pursuant to the anti antitrust laws. This necessarily contem On December 4, 1967 the Commission fraud provisions of the Securities Ex plates that full consideration be given to issued a notice of proposed rule making change Act of 1934 and the Investment the policies of the antitrust laws as well relative to proposed amendments to Advisors Act of 1940 and certain provi as those of the Securities Exchange Act §§ 301.19 (Rule 19) and 301.39 (Rule 39) sions of the Investment Company Act of in evaluating any aspect of the commis of the rules and regulations under the 1940. sion rate structure or any proposals for Fur Products Labeling Act. Such notice Since the proposal of the Exchange as its revision. Whether or not the mere ex was published in the Federal R egister on well as the proposed Commission rule istence of Commission jurisdiction nec Thursday, December 7, 1967, 32 F.R. would have significant impact upon New essarily creates an immunity from the 17544. York Stock Exchange member firms, non antitrust laws was left open by the Su The notice provided that an oral hear member broker-dealers, institutional in preme Court in the Silver case. However ing would be held on January 11, 1968, vestors, other exchanges and the public, this may be, it is clear that antitrust and that further written views, argu the Commission believes it appropriate considerations should receive the closest ments, and data would be received for that all interested persons have an op scrutiny. 20 days after the hearing was closed. portunity to comment not only on the Background. The Commission believes On petition of certain interested par proposed Commission rule but also on it useful to outline briefly the situation ties the time for filing further written the Exchange’s proposal. which prompted both the New York views, arguments, and data is extended to Both the proposed Commission rule Stock Exchange’s rate structure proposal March 11,1968. and the proposal of the Exchange arise and proposed Commission Rule 10b-10 Issued: January 26,1968. out of certain problems presented by (17 CFR 240.10b-10) with the expecta the great increase in institutional invest tion that this may contribute to under By direction of the Commission. ment and the complex and rapidly de standing and analysis of these proposals. [seal] J oseph W . S h ea, veloping pattern of practices and proce In recent years institutional investors, Secretary. dures in the securities markets associated including banks, insurance companies, with that increase which are commonly pension plans, and investment companies IF.R. Doc. 68-1168; Filed, Jan. 30, 1968; referred to as “give-ups and reciprocal 8:47 a.m.] have accounted for a steadily increasing business.” Proposed Rule 10b-10 (17 CFR share of the volume of trading on the 240.10b-10) is limited in scope. It assumes exchanges. On the New York Stock Ex that present give-up practices will con change institutional volume as a percent tinue and accordingly deals primarily of total public volume has increased from SECURITIES AND EXCHANGE with the question of conduct by fiduci 25.4 percent in March 1956 to 33.8 per aries in that context. The New York cent in September 1961, to 39.3 percent COMMISSION Stock Exchange proposal is more far in March 1965 and 42.9 percent in Octo IT 7 CFR Part 240 1 reaching and, particularly insofar as ber 1966, the latest date available. It [Release No. 34-8239] it involves a volume discount, suggests should be recognized that these institu NEW YORK STOCK EXCHANGE the possibility that the problem with tional investors usually represent a pool which the proposed rule is concerned ing, under professional management, of Commission Rate Proposals and could be dealt with in a more direct and savings belonging to a great many indi Proposed Rule on Give-Ups thorough-going way by changing the viduals, most of whom are small invest commission rate structure. For this rea tors. Consequently securities market The Securities and Exchange Commis son and because in certain respects conditions and practices which affect the sion announced that the New York Stoc the proposed rule of the Commission investments of these individuals are of xchange has submitted for Commissio: and the Exchange proposal are incon wide public interest. comment and reaction the outlines of sistent, the Commission further believes These institutions tend to deal in proposal for certain revisions of its com it appropriate to afford interested per larger blocks of securities than individ n_ 10n structure. A copy of tha sons the opportunity not only to com ual investors ordinarily do. Consequently rieJ?°ual,*s C a ch ed to this release.18 A ment with respect to both the proposed increasing institutional participation in n ^ e d more fully below, the Exchang rule and the Exchange proposal but generally contemplates (1) pro to suggest, if they so desire, alterna n lor a volume discount in commis lb Silver v. New York Stock Exchange, 373 tive means of dealing with the serious U.S. 341 (1963). See also Kaplan v. Lehman and difficult problems presented. Bros., et al., 250 F. Supp. 562 (N.D. Dl., 1966), i\aye .been filed as part of th1 Any consideration, both of these pro aff’d 371 F. 2d 409 (C.A. 7, 1967), certiorari from th ^fifiihonal copies can be obtaine posals and of the practices and proce denied,__U.S.______, thé Chief Justice e Commission’s headquarters offic dures to which they relate, must include dissenting, (1967). FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2394 PROPOSED RULE MAKING the exchange markets has been accom Many of these practices involve the so- orders can, nominally at least, be ex panied by a significant increase in the called “give-up.” ecuted on small regional exchanges, but number of large blocks offered and A “give-up” is a payment by the exe where this occurs the usual motive is traded. Studies by the New York Stock cuting broker to other broker-dealers of simply to take advantage of the rules Exchange show that the number of a part of the minimum commission he is of that exchange with respect to the transactions involving 10,000 shares or required to charge his customers. Under classes of persons who may receive more has increased from 2,171 in 1965 the rules of the stock exchanges, the pay give-ups. to 6,685 in 1967, that the number of ment may be made on the executing In addition to the give-up, there have shares involved in these transactions has broker’s own initiative and for his own developed complex practices by which more than tripled, and that their share purposes or it may be directed by the cus executing brokers provide compensation of reported volume has increased from tomer. The recipient of a “give-up” check at the direction of institutional investors 3.1 percent to 6.5 percent. may have had nothing whatsoever to do to other brokers by means of reciprocal This situation has thrown an increas with the transaction for which the com business, i.e., permitting such other ing strain on the rigid minimum com mission is charged and in fact may not brokers to participate in the commis mission rate structure, adopted many even know of the transaction or where sion generated from execution, in the years ago by the New York Stock Ex or when it was executed. Thus “give-ups” over-the-counter market or on regional change and followed by all other na have been widely used in connection with exchanges, of orders which the institu tional securities exchanges, which is mutual fund portfolio transactions. tional broker has received from other based upon a single round lot, usually 100 Managers of mutual funds direct give- customers. More recently, certain mem shares. There is no volume discount based ups, for the most part to broker-dealers ber firms of the New York Stock Ex either on the size of the individual order who have sold fund shares in order to change have developed a procedure or upon the amount of portfolio business motivate, or reward, such sales effort. On whereby they can compensate nonmem done by an institution or upon the certain orders, the executing broker may bers of the New York Stock Exchange amount of portfolio business done by an retain as little as 25 percent of the com at the direction of mutual fund managers institutional investor over a period of mission paid by the fund and give up the by paying cash to such nonmembers and time. Thus the commission which a mem balance. Brokers who sell fund shares crediting such payments on over-the- ber firm is required by Exchange rules are thus compensated for their efforts counter trades for unrelated customers, to charge its customer on a 10,000 share not only by receipt of the dealer’s por whether or not commissions were in fact transaction is 100 times the commission tion of the “sales load” but also by sub charged on such trades. The compen it is required to charge on a 100 share stantial amounts of give-up dollars gen sated dealers have no participation in transaction and the commission on erated at the direction of the manager of these trades and, in fact, may never 100.000 shares is 1000 times the commis the fund through purchases and sales of have heard of the trades at the time sion on 100 shares. Ostensibly all persons fund portfolio securities. Fund managers when they were executed. who are not Exchange members must also often use give-ups as a reward for Give-ups and reciprocal business prac pay the minimum commission. There is research ideas furnished to them in their tices in connection with institutional no distinction among different kinds of capacity as investment advisers to the trading have become so widespread that nonmember, e.g., nonmember brokers, in funds. it may plausibly be argued that, in the dividual customers, institutional inves While the New York Stock Exchange case of large institutional orders, there tors, etc. permits its members to give up commis is in economic substance no fixed mini sions only to other members of that While orders to buy or sell large blocks mum commission. Commissions are Involve greater demands on a broker Exchange, the smaller regional ex negotiated between institutional man than the execution of a single round lot changes have, with increasing success, agers and their “ lead” brokers with the competed with the New York Stock Ex order, it does not cost a broker anywhere lead broker on occasion retaining no near 100 times as much to execute a change for institutional business, par more than 25 percent of the ostensible ticularly the business of mutual funds, 10.000 share order than to execute a 100 minimum commission. This situation is by permitting give-ups of commissions share order. Indeed, for certain aspects perhaps most strikingly illustrated by of the execution process, such as book not only to members of the particular procedures which have been developed keeping, the cost is essentially the same. exchange but also to any member of and which enable institutional investors As is true in other areas of the business the National Association of Securities to recapture a portion of commissions world, broker-dealers engaged in effect Dealers, Inc. or even to any registered for themselves. Many mutual fund man broker-dealer. By requiring that hn order ing such transactions have enjoyed the agers have affiliates which are registered great advantages of scale accruing from be taken to a regional exchange, a as broker-dealers; many of these affili large transactions. These institutional mutual fund manager is able to provide ates are members of the NASD. A small transactions generally do not involve the monetary reward to broker-dealers who number of mutual fund managers have payment of a commission to a salesman sell shares of the mutual fund but who created affiliates which have joined a of the broker, although an institutional are not members of the New York or of regional stock exchange. In the latter brokerage business usually does entail any exchange. situations, the manager directs that give- the expense of maintaining an institu Give-ups are widely used in connec ups and reciprocal business be glyenw tional trading department and the devel tion with so-called “cross” transactions. its lead brokers to its affiliates. It then credits the net income thus received oy opment of special talents. Consequently, These involve situations where the order cannot be adequately executed in the the affiliate, in whole or in part, agains the executing brokers are willing to ac the advisory fee it receives from the fun . cept substantially less compensation for auction process on the floor of an ex change and therefore the institutional This results in lowering the advisory i executing institutional orders, particu by all or part of the net income the man larly large institutional orders, than is broker finds the other side of the trade off the floor, i.e., locates a seller if he ager has thus obtained. Through t contemplated by mechanical application means, public shareholders of institu of the existing minimum commission rate has an order to buy or a buyer if he has an order to sell, and then merely records tions can, within the framework of rules of the exchanges. or “crosses” the order on the floor. Ex isting practices developed by the secui - Managers of institutional investors change rules do not allow member ties industry, recoup substantial amount have taken advantage of the competition brokers to consummate crosses in their of commissions actually paid for among brokers for institutional business, offices or in the over-the-counter mar execution of their portfolio orders de P and the willingness of such brokers to ket at a negotiated commission, but they a rigid commission structure which d accept compensation far lower than that do allow the broker to send the trans not otherwise permit the instituti contemplated by the Exchange rules, to action to any exchange of which he is benefit from the very substantial pon divert or recapture portions of the com a member and to give up from the com folio business it may have to dispe • mission paid on institutional orders. An missions he must charge on the cross in In one Instance the advisory increasingly complex pattern of practices accordance with the rules o f that ex charged to a large complex of mutua having this objective has developed. change. By this means large institutional funds by their common manage FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 PROPOSED RULE MAKING 2395 lowered in the aggregate by approxi with transactions and (b) nonmembers and broker-dealers not members of an mately $3.1 million for the year 1966, of the New York Stock Exchange who exchange. Since exchange minimum this sum being the approximate net prof perform no function on transactions commission rates do not apply to them, it of the manager’s broker-dealer affil effected by New York Stock Exchange they have been able to execute orders iate. Other managers have elected to members on regional exchanges, and (3) either as principal or as agent for com credit the advisory fees they charge by a developing trend whereby excess com pensation substantially less than that only 50 percent of the net profits of their missions—the amounts which, at the di provided for in the minimum commission broker-dealer affiliates.- In a few in rection of institutional managers, execut rate rules. On the other hand, their stances, the mutual fund manager has ing brokers are willing to give up to ability to compete for institutional busi kept all give-ups it has directed to its persons who perform no service or func ness has been adversely influenced by brokerage affiliate for itself without low tion in connection with the execution of the fact that they are not in a position ering the advisory fees it charges to the portfolio transactions—are returned, at to provide give-ups for the benefit of fund whose portfolio transactions are the least partially, to the institutional cus institutional managers, since give-ups source of such give-ups. tomers thereby indirectly benefiting the have generally been regarded as proper Although these techniques permit fidu millions of investors who invest through only where . minimum commission rate ciaries who manage a pooled fund to re pooled media such as mutual funds. In is applicable. Two incidents illustrate turn a portion of portfolio commissions to short, competition in the securities in this point. One firm at one time special the shareholders of that fund, they have dustry among institutional managers ized in executing institutional orders for to date been employed mainly by the and brokers and among exchanges, has listed securities in the over-the-counter managers of those mutual funds whose operated to reduce very substantially the market at a negotiated commission lower shares are sold by the manager’s own amount of commissions actually retained than that provided by exchange rules. “captive” sales force. Managers of those by executing brokers—but with relatively Certain mutual fund managers suggested mutual funds which are distributed by little impact or effect as yet on the com that it join a regional exchange and thus independent broker-dealers have almost missions actually paid by the public in charge the higher commissions specified always used the excess brokerage to pro vestors who invest through institutional by the exchange and, at the same time, vide additional reward to dealers who sell media. place itself in a position to distribute shares of the fund rather than en In addition to practices with respect to give-ups at the request of these man deavoring to recapture such brokerage commissions on institutional transac agers and it did so in order to retain for the fund. This is because by so com tions, there are certain related competi their business. Another large over-the- pensating dealers these mutual fund tive phenomena which deserve mention. counter firm advised the Commission managers facilitate the sale of shares As previously noted, the New York Stock that instead of negotiating its compen and thus maximize their own under Exchange rate structure expressly pro sation on each large institutional trade, writing and investment advisory income. vides that nonmembers of that Ex it proposed unilaterally to establish a Many mutual fund managers believe that change—including broker-dealers who fixed nonnegotiable commission but to so long as this type of sales incentive can are members of a regional exchange— give up a portion of this commission at be given to dealers, competition among must pay a New York Stock Exchange the direction of mutual fund managers. mutual fund managers for the favor of member a full commission for trans This arrangement, which has not yet dealers will make it difficult, if not im actions executed on the New York Stock been put into effect, was motivated not possible, for any individual fund man Exchange. Nevertheless, reciprocal busi because the firm thought that its exist ager to fail to provide such compensation ness practices have developed which now ing negotiated compensation was inade to dealers, both members and nonmem give such regional exchange members in quate but, rather, because it believed bers of exchanges, selling shares of his direct economic access to the floor of that that its ability to provide give-ups would frnids. In this connection the Commis Exchange. substantially improve its competitive sion has been informed that certain large For example, when a broker-dealer position in seeking business from mutual member firms of the New York Stock cannot execute its customer’s order on fund managers even though its regular Exchange, who maintain extensive mu the regional exchange of which it is a charges imposed on the funds were tual fund departments and are a signi member, it has the order executed on the already lower than the New York Stock ficant factor in the sale of mutual fund New York Stock Exchange, pays a New Exchange fixed minimum commission. shares through dealers, have suggested to York Stock Exchange member a full New The Commission’s jurisdiction under mutual fund managers that brokerage York Stock Exchange commission and section 19(b) of the Securities Exchange be channeled to them if they are to con- collects that amount from the customer. Act over Exchange rules with respect to funds SC^ s^ares the manager’s Thus, the sole member of the regional “the fixing of reasonable rates of com exchange receives no direct compensa mission” obviously extends both to the The net effect of the foregoing de- tion for its customer’s order. However, it commission rate level and to the com eiopments has been (1) a dramatic in- can receive indirect compensation equal mission rate structure. Particularly in rease in the volume of transactions on to 50 percent of the commission paid by the earlier years the Commission’s atten regional exchanges,2 (2) a “ diversion” of the customer. The member of the New tion appeared to focus primarily on ques commissions which otherwise might have York Stock Exchange through whom the tions of level, although questions of ~ren retained by New York Stock Ex- order was executed brings its own cus structure also arose. The history of this ange members to (a) other members tomers’ orders to the regional exchange, consideration since 1937 is outlined in perform no function in connection executes them there and names the sole considerable detail in the Report of the member broker-dealer as the “ clearing Special Study of Securities Markets.3 As »m-w ,*96* total dollar volume of trans- agent.” Typically, under the rules of re there pointed out, determination of a lion- • ?? regional exchanges was $4.4 Mi gional exchanges, the sole member may reasonable level of minimum rates for an sent J.«« 66 U was $10-3 bhlion. This repre- receive up to 50 percent of the stock industry as diverse, complex and, in a traneo/vM ^ percent ° i the dollar volume oi exchange commission for acting as QS ° n a11 ^changes in 1961 and 8.4 sense, competitive as the New York Stock DariJm » SUCh volmne in 1966. By com- “clearing agent” on such orders, al Exchange brokerage community presents volu-nm -New ^ ork Stock Exchange dollar though he performs no function except perplexing problems. In addition, ques to $q« fi Î5nreased from $52.7 billion in 1961 the largely unnecessary one of guaran tions of structure and questions of level Exchaniw,111*011 in 1966; and New York Stock teeing performance by the New York are intimately related. Thus the Ex Percent^* transactions declined from 82.6 Stock Exchange member. change proposal for a volume discount transaction tcital hollar volume of exchange Recent years have also seen a sub pertains to rate level as well as struc S K g g * -n 1961 to 801 percent of such stantial growth in .the so-called third ture and is a response to the fact that C S ° n4 i l 1966- M a * volume on the balance w Exchange accounts for the market. This involves securities firms the existing level of rates for large in exchange vn^ftantially a11 of the regional which are not members of any exchange stitutional transactions has, as a result entities consists of trading in se- and which deal in listed securities over- Exchange traded on the New York Stock the-counter, both as principal and as 3 Special Study, Pt. 2, 328-346. H.R. Doc. agent, largely for institutional customers No. 95, 88th Cong., 1st sess. (1963). FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2396 / PROPOSED RULE MAKING of competitive factors, fostered the pro percentages of the commission dollar tain regional exchanges amounts to no liferation of give-ups and reciprocal which may be given away in any manner more than providing a location where practices. or, alternatively, specifying the minimum privately negotiated “cross” transactions These practices and problems, as out amount which must be retained, (3) pre in New York Stock Exchange listed lined above, some of which are of rela venting the regional exchanges from of stocks are recorded and give-ups are tively recent origin, have been the fering different and more liberal give-up distributed. subject of intensive consideration by the arrangements so that institutional or Finally, the New York Stock Exchange Commission over a period of years. other investors will not seek to execute proposal permits the continuation of Reciprocal business practices and cus or cross their transactions on regional customer directed give-ups and would tomer directed give-ups were described exchanges in order to obtain more fav expand them to provide for give-ups to in the Report of the Special Study of orable give-ups, and (4) preventing what nonmember broker-dealers of the New Securities Markets.* It was suggested is sometimes referred to as “institutional York Stock Exchange on executions on that they be studied in connection with membership” on exchanges, which ap that Exchange. It would also provide for an intensive inquiry into all aspects of pears to include membership of affiliates minimum retentions by executing bro the commission rate structure. They of an institutional investor whose func kers. The justification for these restric were further discussed in the Commis tion is to receive give-ups and reciprocal tions presumably is that competition in sion’s 1966 Report on the Public Policy business and in whole or in part to pass liberality with respect to customer di Implications of Investment Company the income therefrom back to the rected give-ups is not a desirable form of Growth.5 Approximately 19 months ago institutional investor itself. This is a competition and that the economic the Commission advised the exchanges of significant part of the New York Stock health of the exchange community calls its belief that Exchange rules should be Exchange proposal which would have a for a sharp and enforceable distinction changed to preclude customer directed particularly important effect upon the between public customers and the bro give-ups.6 securities markets, and would require kerage industry. Since consideration of the New York action by the Commission. Consequently, Certain aspects of the New York Stock Stock Exchange proposal necessarily comment with respect to it would be ap Exchange proposal are not specific, i.e., would involve an understanding and con preciated. These aspects of the Ex the amount, kind, or applicability of the sideration of possible alternatives, the change’s proposal may be viewed together volume discount, the percentage of the Commission believes that proposed Rule as designed to make its minimum com minimum commission which a nonmem 10b-10 (17 CFR 240.10b-10) should now mission rates effective and enforceable ber could receive and the qualifications be noticed for comment. The Commission insofar as large institutional transactions which nonmembers would have to have would thus be in the best position to con are concerned. in order to become eligible for this “ac sider all alternatives, including any It would appear that the New York cess” and the amount of customer di which may be suggested. Stock Exchange proposal could have a rected give-ups available to members and The Exchange proposal. The first item substantial impact on the regional ex nonmembers, etc. Further, the Exchange of the New York Stock Exchange pro changes. A primary method by which re proposal does not indicate whether posal involves the establishment of a gional exchanges have competed for the the Exchange contemplates revision volume discount. The Exchange has not portfolio business of institutions has of the commission rate rules to relate yet determined the amount of such dis been to offer institutional managers a commissions more directly to the money count or the circumstances under which more flexible rate structure than that of involved in a transaction rather than to it would be available. There are a num the New York Stock Exchange, i.e., by the number of shares, thus modifying the ber of possible alternatives, including (1) permitting give-ups to a wider category existing disparity in commissions paid a discount based upon the size of a par of persons. Regional exchanges rely for a given investment in low priced ticular order and (2) a discount based heavily on reciprocal business patterns stocks and in high priced stocks. This upon the volume of a particular investor’s which permit their sole members (non matter was discussed in a report to the transactions over a specified period of members of the New York Stock Ex exchange community from Mr. G. Keith time. The Commission assumes that the change) to obtain indirect access to the Funston, then president of the Ex discount ultimately arrived at would be New York Stock Exchange. In this con change, on July 21, 1967. Revisions along meaningful and workable. Upon that as nection regional exchange rules facili this line, as suggested by Mr. Funston, sumption it woud appear that this part of tate reciprocal business practices by would not only modify this disparity hut the Exchange proposal would make an which dual members (members of the might provide a convenient way of in troducing the proposed volume discount. important contribution to resolving the New York Stock Exchange and a re The Exchange apparently is initially problems discussed above and be in ac gional exchange) compensate members of regional exchanges for business exe concerned with the principles and ob cord with suggestions that the Commis jectives underlying its proposal. In this sion has made to the exchanges on cuted on the New York Stock Exchange. The New York Stock Exchange proposal connection, the Commission assumes several occasions. that if these principles and objectives are Several other parts of the Exchange would curtail such practices. It also would prevent institutions from obtain accepted, the Exchange will determine proposal appear to be based on the view the specifics, i.e., the dollar amounts, the that (1) the relatively untrammeled ing membership on regional exchanges or otherwise engaging in reciprocal busi percentages and the definitions, in such development of reciprocal and give-up a way that the proposal will accomplish practices, (2) the competitive advantages ness practices which, in effect, reduce the portfolio commissions such institutions its intended purpose. Thus, for example, which regional exchanges have sought nonmembers would be offered a sufflcie in competing for institutional business pay. Both the impact and the signifi cance of the Exchange proposal, insofar participation in commissions to mcmce by increased liberality with respect to them to bring their orders to the * “ give-ups, and (3) the resulting “leakage” as it involves the regional exchanges, are affected by a change which has taken change. The Commission understands of commissions outside the New York that New York Stock Exchange members Stock Exchange community, threaten place in the primary function of the re gional exchanges. These exchanges were would be required to retain appro - impairment of the depth and liquidity of mately 50 percent of the commission the New York Stock Exchange market as originally conceived of as primarily pro viding local markets for local securities. any order with the balance available well as the profitability and financial customer directed give-ups. stability of member firms. With the passage of time, the emphasis on most of the regional exchanges has The Commission believes that it The Exchange proposal seeks to relieve possible and appropriate for interes this situation by (1) limiting to the ex shifted to providing a local market for securities traded on the New York Stock persons to express their views on■ tent possible the major types of recipro Exchange. Technical improvements in principles underlying the Exchang. cal business, (2) specifying the maximum communication and the development of proposal and the means by whic over-the-counter markets for local se objectives may be accomplished evei 4 Special Study, supra, 301, 318. though, in the absence of more sp 6 Mutual Fund Report, Chapter 4, pp. curities have contributed importantly to 162-188. - this change in the nature of the regional proposals, it may not be pc , „+ 0# 6 Mutual Fund Report, Chapter 4, pp. exchanges. As 'pointed out above, in termine the specific financial uhP 185-186. many instances the participation of cer various parts of the proposal o FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 PROPOSED RULE MAKING 2397 earnings of various members and non ment Company Act, particularly in view the full amount of such compensation members or on the amount of commis of the obscure and often devious ways in is required to be paid over to such reg sions which institutional investors would which this is accomplished. The pro istered investment company or fees owed pay. posed rule would be adopted pursuant by or charged to such registered invest The Commission’s proposal. Proposed to sections 10(b) and 15(c) (1) and (2) ment company are required to be re Rule 10b-10 (17 CFR 240.10b-10) repre and 23(a) of the Securities Exchange duced in an amount equal to such sents an approach to the give-up problem Act of 1934, sections 206(4) and 211(a) compensation. which would not require significant of the Investment Advisers Act of 1940 (b) For the purposes of this rule a change in the existing commission rate and sections 17(e) and 38(a) of the In person is affiliated with a registered in structure of exchanges nor require all vestment Company Act. vestment company if such person: exchanges to adopt a uniform approach The proposed rule would not impair (1) Is an officer, director, trustee, em to the question of give-ups and reciprocal the competition which now exists among ployee, investment adviser, member of business. brokers and among exchanges for the an advisory board, depositor, promoter of The Commission recognizes that the business of institutional customers by or principal underwriter for the regis proposed rule is not a substitute for full offering these customers substantial sav tered investment company, or reexamination of the structure and rates' ings on commissions. On the contrary, (2) Directly or indirectly, through one of commissions on the national securities the proposed rule recognizes that, as or more intermediaries, controls, or is exchanges. The proposed rule was under mentioned above, developments and controlled by, or is under common con consideration prior to the announcement competitive forces in the securities mar trol with the registered investment com of the New York Stock Exchange pro kets have, as an economic matter, pany, its investment adviser or prin posal and has its antecedents in the tended to eliminate the existence of a cipal underwriter,' or Commission’s Report on Investment fixed minimum commission rate on in (3) Directly or indirectly owns, con Company Growth, which stated at p. stitutional orders. trols, or holds with the power to vote, 173: Pursuant to the Securities Exchange 5 per centum or more of the outstand It would not be inconsistent with (the) Act of 1934, particularly sections 10(h), ing voting securities of the registered rules (of certain regional stock exchanges) 15(c) (1) and (2) and 23(a) thereof, the company. for dealer-distributed funds to direct give- (Sec. 10(b), 15(c) (1) and (2) and 23(a), ups to their adviser-underwriters, all of Investment Advisers Act of 1940, partic Securities Exchange Act, 48 Stat. 891, 901, whom are NASD members, for the purpose of ularly sections 206(4) and 211(a) there as amended, sec. 8, 49 Stat. 1379; 49 Stat. applying these give-ups to reduce the ad of and the Investment Company Act of 1378, as amended, sec. 2, 52 Stat. 1075, 15 visory fees payable by the fund.8* 1940, particularly sections 17(e) and U.S.C. 78j, 78o and 78w; secs. 206(4) and The reasoning on which the proposed 38(a) thereof, the Commission proposes 211(a) of the Investment Advisers Act, 54 rule is based is that if, as pointed out to add to Part 240 of Chapter H of Title Stat. 855, 74 Stat. 888, 15 U.S.C. 80b-6 and above, a mutual fund manager has vari 17 of the Code of Federal Regulations, 8 0 b -ll; Secs. 17(e) and 38(a) of the In ous means at his disposal to recapture the following Rule 10b-10 (17 CFR vestment Company Act, 54 Stat. 815, 841, 15 for the benefit of the fund a portion of 240.10b-10): U.S.C. 80a-17 and 80a-38) the commissions paid by the fund, he is § 240.10b—10 Prohibiting investment While the New York Stock Exchange under a fiduciary duty to do so. Futher- company managers from directing proposal and proposed Rule 10b-10 more, diversion of such commissions to portions of commissions except for (17 CFR 204.10b-10) are not mutually benefit an investment company manager shareholder benefit. exclusive on all points, the New York may be viewed as additional compensa (a) It shall be unlawful for any regis Stock Exchange proposal is, to a signifi tion to the manager for handling the tered investment company or affiliated cant extent, an alternative approach. In portfolio transactions of the fund within person of such registered investment sofar as the New York Stock Exchange the meaning of, and in Violation of sec company8 to directly or indirectly, order proposal would provide institutional in tion 17(e)(1) of the Investment Com vestors with a volume discount while at pany Act.7 or request any broker or dealer: (1) To pay or arrange for the payment, directly the same time closing, insofar as possi The proposed rule therefore reflects or indirectly, of all or any portion of a ble, the various avenues by which an in a duty on the part of mutual fund man commission on any securities transac stitutional manager can recoup com agers as fiduciaries not to use commis tion to any broker, dealer or any other missions for the benefit of the fund, it sions paid by their beneficiaries for the person unless pursuant to a written con could, depending upon the nature and benefit of the fiduciary when practices, tract the full amount of such remittance extent of the volume discount, provide a procedures, and rules of the markets is required to be paid over to such regis direct rather than an indirect means by m which such fiduciaries act permit their tered investment company, or fees owed which institutional investors may obtain beneficiaries to receive tangible benefits by or charged to such registered invest the benefit of lower charges. To the ex m the form of reduction of the charges ment company are required to be reduced tent that it would make impossible in now borne by them. The proposed rule in an amount equal to the remittance; direct recoupment of commissions by in is bottomed on the premise that when a (2) To designate or employ any brostitutional managers, the question of a fiduciary uses commissions to obtain ker or dealer on any transaction to fiduciary duty on their part to seek such benefits for himself under these circum transmit, execute or clear a transaction recoupment would not arise. stances, his conduct would appear to or to perform any other function for All interested persons are invited to violate applicable antifraud provisions which compensation is required or made submit their views and comments on T i S Securities Exchange Act of 1934 unless pursuant to a written contract proposed Rule 10b-10 (17 CFR 240.10b- ana the Investment Advisers Act of 1940 10) in writing to the Secretary, Securi WeH as section 17(e) of the Invest- 8 Although the proposed rule is couched ties and Exchange Commission, at its only interms of persons who are affiliates of principal office, 500 North Capitol Street, hKMr^matively’ the fund itself could form a and fiduciaries to investment companies, the Washington, D.C. 20549, on or before "r-Uealer affiliate to which it could direct principles which are set forth above may be "UP®- If this course were followed— and equally applicable to other managers of March 1, 1968. The Commission also in dm,,.»* now does so— the give-ups would pooled funds who act in a fiduciary capacity vites comments on the New York Stock and who are able to reduce the portfolio Exchange proposal which is filed as part share^ders6 W beneflt °f the fund’S commissions of their beneficiaries. To the ex of this document, as well as any alterna inviSiL Commission does not believe that tent that such managers direct give-ups for tive suggestions for dealing with the comPany directors may properly their benefit, when they are in a position to problems presented. Material submitted from ii* berLeflts derived by fund managers utilize them for the benefit of beneficiaries, it will be made available for public inspec of dimply an additional form would appear that under the Federal securi tion unless request for confidential treat ties laws or otherwise, this use of give-ups meot 1P?nsatl°n for investment manage- ment is made. 17 (el V i \ maV this run afoul of section other than for the benefit of these bene but tv, I t. OI J^e Investment Company Act ficiaries would also constitute an improper By the Commission. Panv mc^eilefits drived by investment com- practice by such fiduciaries. Accordingly, [ seal] O rval L. DtrBois, preckPiT,1^ 61? from this source cannot be the Commission believes that it is appropri spectuc^« r adequately disclosed in the pro ate to solicit comment on this issue and will Secretary. tract nl 7 ^ e mvestment advisory con- consider whether the proposed Rule 10b-10 Januar y 25, 1968. (17 CFR 204.10b-10) should be applicable to [F.R. Doc. 68-1153; Filed, Jan. 30, 1968; “ H o.ai-pt.i___ 6 FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2398 N otices Notice is hereby given that said per (Chapter 232, Public Acts of Tennessee, DEPARTMENT OF STATE mit was granted by the President on 1967). Such acceptance was effected by January 22,1968. letter to the Governor of the State of Office of the Secretary Tennessee from Secretary of the In For the Secretary of State. [Public Notice 285; Delegation of Authority terior Stewart L. Udall, which was re N o .117] M urray J. B elm an , ceived by the Governor on December 2, Deputy Legal Adviser. ASSISTANT SECRETARY FOR 1967. ECONOMIC AFFAIRS January 24, 1968. Done at the city of Washington, D.C., [F.R. Doc. 68-1135; Filed, Jan. 30, 1968; this 19th day of January 1968. Delegation of Authority Regarding 8:45 a.m.] . H oward W . B aker, Certain Capital Transfers Abroad Acting Director, By virtue of the authority vested in National Park Service. me by Executive Order 11387 of January DEPARTMENT OF THE INTERIOR [F.R. Doc. 68-1133; Filed, Jan. 30, 1968; 1, 1968 (33 F.R. 47) and by section 4 of 8:45 a.m.] the Act of May 26, 1949 (63 Stat. ill; 22 National Park Service U.S.C. 2658), it is ordered as follows: GREAT SMOKY MOUNTAINS 1. The Assistant Secretary of State Office of the Secretary for Economic Affairs is delegated the NATIONAL PARK, TENN. WATCHES AND WATCH function conferred upon the Secretary Foothills Parkway; Jurisdiction Over MOVEMENTS of State by section 4 of Executive Order Certain Lands 11387 (governing certain capital trans Policy Prohibiting Transfers of Duty- fers abroad) to advise the Secretary of Notice is hereby given that effective as Commerce and the Board of Governors of the first day of December 1967, at Free Quotas Issued to Producers of the Federal Reserve System with re 12 noon., e.s.t., the United States ac Located in the Virgin Islands, spect to matters under that Executive cepted exclusive legislative jurisdiction Guam, and American Samoa order involving foreign policy. over the lands acquired by the United States by the following deeds for the pur C ross R eference: For joint policy 2. The Assistant Secretary of State for statement issued by the Offices of the Economic Affairs shall serve as the chan poses of the Foothills Parkway pursaunt to the act of February 22, 1944: Secretaries of Commerce and the Inte nel of communication between the De rior, see F.R. Doc. 68-1258, infra. partment of State on the one hand and 1. Deed dated August 20, 1959, re the Department of Commerce, the Board corded on August 31, 1959, in the Reg ister’s Office of Blount County, Tenn., of Governors of the Federal Reserve Sys in Deed Book 226, page 127 et seq., com tem, and other interested agencies of the prising 1,283.995 acres, more or less. DEPARTMENT OF AGRICULTURE U.S. Government on the other hand with 2. Deed dated June 22, 1962, recorded ■ Agricultural Stabilization and respect to all matters relating to the on July 23, 1962, in the Register’s Office Conservation Service carrying out of the provisions of Execu of Blount County, Tenn., in Deed Book 251, page 437 et seq., comprising 959.23 CIGAR-FILLER (TYPE 41) TOBACCO tive Order 11387. acres, more or less. Notice of Referendum [ seal] D ean R u s k , 3. Deed dated February 13, 1964, re Secretary of State. corded on March 9,1964, in the Register’s Notice is hereby given that on Feb Office of Cocke County, Tenn., in Deed ruary 19 to 23, 1968, a referendum will January 19,1968. Book 89, page 291 et seq., comprising be held of farmers engaged in the pro [F.R. Doc. 68-1134; Filed, Jan. 30, 1968; 663.76 acres, more or less. duction in 1967 of cigar-filler (type 41) 8:45 a.m.] 4. Deed dated September 22, 1966, re tobacco pursuant to the provisions of the corded September 30, 1966, in the Reg Agricultural Adjustment Act of 1938, as [Public Notice 286] ister’s Office of Sevier County, Tenn., in amended. Notice that consideration Deed Book 156, page 172 et seq., com would be given to establishing a date or LAKEHEAD PIPE LINE CO. prising 223.30 acres, more or less. period for holding the referendum and Notice of Application for Presidential 5. Deed dated June 15, 1965, recorded whether the referendum would be con on June 19, 1965, in the Register’s Office ducted at polling places rather than by Permit of Blount County, Tenn., in Deed Book mail ballot was given in 32 F.R. 16043. The Department of State received, on 277, page 244 et seq., comprising 571.16 No data, news, or recommendations were September 15,1967, an application dated acres, more or less. received pursuant to such notice. It is August 31, 1967, from the Lakehead Pipe 6. Deed dated October 11, 1965, re hereby determined that the referendum corded on October 26, 1965, in the Regis will be held by mail ballot during the Line Co., Inc., a Delaware corporation ter’s Office of Blount County, Tenn., in period specified above. The purpose o having its main office at 3025 Tower Ave Deed Book 281, page 70 et seq., compris the referendum is to determine whether nue, Superior, Wis., to construct, con ing 567.139 acres, more or less. the farmers voting favor national mar nect, operate, and maintain a pipeline 7. Deed dated December 14, 1966, re keting quotas for each of the 1968—o t system for crude oil and other hydro corded on January 6, 1967, in the Regis 1969-70, and 1970-71 marketing years carbons from Pembina County, N. Dak., ter’s Office of Cocke County, Tenn., in for cigar-filler (type 41) tobacco. The Deed Book 63, page 39 et seq., compris to the international boundary line be referendum will be conducted in accor - ing 369.856 acres, more or less. tween the United States and Canada, and jance with the provisions of the Act an^ This acceptance of legislative jurisdic the Regulations Governing the Holding to connect such facilities with like facil tion was subject to those reservations ities in the province of Manitoba, contained in the act of the legislature of of Referenda on Marketing Quotas (2# Canada. the State of Tennessee of May 17, 1967 F.R. 13249). FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2399 Signed at Washington, D.C., this 24th the quota allocated to the firm whose (j) The unused portions of any quotas day of January 1968. business has been sold or transferred. cancelled pursuant to this notice shall be (f) The prior approval of the Secrereallocated among quota holders not af H. D. G odfrey, taries or their delegates to the sale or fected by cancellations and which are Administrator, Agricultural Sta transfer of a business may be sought by not transferees or purchasers in viola bilization and Conservation submitting a written request to the Sec tion of this notice. Service. retaries, setting forth all facts regarding L aw r ence C. M cQ uade, IF.R. Doc. 68-1143; Piled, Jan. 30, 1968; such sale or transfer addressed to: 8:46 a.m.] Assistant Secretary for Do Business and Defense Services Administra mestic and International tion, U.S. Department of Commerce, Wash Business, Department of ington, D.C. 20230. Attention: Scientific, Commerce. Photographic and Business Equipment Di DEPARTMENT OF COMMERCE vision. H arry R . A nderson, Office of the Secretary (g) Every firm to which a quota has Assistant Secretary for Public been granted is required, on August 15, Land Management, Depart- WATCHES AND WATCH ' ment of the Interior. and on January 15, of each year to pro MOVEMENTS vide the Departments via registered mail Januar y 29, 1968. Policy Prohibiting Transfers of Duty- on Form BDSAF 779, which will be for [F.R. Doc. 68-1258; FUed, Jan. 30, 1968; Free Quotas Issued to Producers warded to each firm at its territorial ad 10:24 a.m.] dress of record, at least 15 days prior to Located in the Virgin Islands, the required reporting date, and will also Guam, and American Samoa be available during office hours at the On January 9, 1968, there was pub address listed in (f) above, with infor DEPARTMENT OF lished in the F ederal R egister (33 F.R. mation regarding any sales or transfers 304) Rules Governing^ Allocations of of all or part of their respective busi Quotas For Calendar Year 1968 Among nesses by any means whatsoever which TRANSPORTATION Producers Located in the Virgin Islands occurred during the reporting period Federal Aviation Administration and Guam. Section 5 of such rules con January 1 through July 31, or August 1 cerning restrictions on transfers of duty through December 31. Such information LOCATION OF KETCHIKAN AIRPORT, free quotas is hereby canceled effective will include the names and addresses of ALASKA upon publication in the F ederal R egister parties owning or holding any legal or of the following new section 5. The De equitable interest in such firm as of the Notice of Hearing partments have determined that notice beginning of the reporting period with Notice is hereby given that a public and public procedure concerning this any changes thereto which may have oc hearing will be held in the above-entitled new section 5 are impracticable and con curred during thé reporting period and matter on February 20, 1968, commenc trary to the public interest since this new the effective date on which such changes ing at 9 a.m., P.s.t., in the City Council section is primarily a restatement and occurred, and any agreements entered Chambers, Ketchikan, Alaska, before the updating of the restrictions on transfers into by the firm or any of its officers or undersigned hearing officer. of duty-free quotas which were pub stockholders which would have the effect The purpose of the hearing is to dis lished in the F ederal R egister on July of transferring control over management cover facts relating to the location of an 28, 1967 (32 F.R. 11048) and incorpo and operation of the firm. In any event, airport which may be developed by the rated into the above-referenced January the firm must report any sales or trans State of Alaska. fers to the Departments other than those 9,1968 Federal R egister notice and are The hearing will be informal and less restrictive than the previous rules. approved by the Secretaries or their delegates, via registered mail, within 15 there will be no adverse parties. It is not The only firms affected by this notice are governed by 5 U.S.C. 554, 556, 557 (for those who may wish to make a sale or days following the date upon which these are effected. merly sections 5, 7, and 8 of the Admin transfer of their business. Therefore, istrative Procedure A ct). these rules are final upon publication of (h) Any firm initially determined by this notice. the Secretaries or their delegates to have Statements offered at the hearing may be oral or written and a record will be Sec. 5(a) The sale or transfer of a made a sale or transfer in violation of quota from one firm to another is not the provisions of this notice shall,'upon made thereof. Any decision of the Ad Permitted. A quota thus sold or trans receipt of written notice of such initial ministrator on a project application for ferred will be canceled. determination mailed, registered or cer such an airport will be based on all rel tified mail return receipt requested, to evant facts, and not solely on this (b) The sale or transfer of a business hearing. together with its quota, as defined in (d) the territorial address of record of the firm, be. entitled to a hearing on the F red L. W oodlock, hereof, is considered a sale or transfer Hearing Officer, Federal Avia of a quota by one firm to another. question of cancellation pursuant to the tion Administration, • Wash < !T h e sale or transfer of a business procedures relating to reviews by the Secretaries of Commerce and the Inte ington, D.C. 20590. •f fu er- a quota may be permitted u the prior approval of the Secretaries or rior which were published in the F ederal January 26, 1968. their delegates is secured: Provided, R egister on November 17, 1967 (32 F.R. 15818). Failure of the firm to make writ [F.R. Doc. 68-1240; Filed, Jan. 30, 1968; That the firm sold or trans- 8:49 ajn.] erred remains in the business as a sep ten request for such hearing within 15 arate and distinct entity. days from the date of receipt of an initial determination shall constitute a waiver or transfer of a business of its right to the hearing and shall result whf+vf x sale ar transfer of control, in the automatic cancellation of its quota ATOMIC ENERGY COMMISSION n x temporary or permanent, over as herein specified. Requests for a hear [Docket No. PRM-30-40] „-f™ to which a quota has been allo- ing must be mailed to the address spec t? , any other firm, corporation, ified in (f) above. The computation of WESTINGHOUSE ELECTRIC CORP. M-rtnership, person, or other legal en- time to determine whether the 15-day Notice of Filing of Petition hnt ?aeans whatsoever, including period has run shall be made in accord W teS to, by merger, transfer ance with the Federal Rules of Civil Notice is hereby given that Westing- stocks or assets or voting trusts. Procedure. house Electric Corp., by letter dated Jan a,. fWsjPlf-sale or transfer of a business, (i) The firm whose quota has been can uary 3, 1968, has filed with the Commis apnrnvlT1 above, without the prior celled pursuant to this notice may be de sion a petition for rule making to amend gaS^5n°f the Secretaries or their dele- clared ineligible for quota allocations in the Commission’s regulations pertaining will result in the cancellation of future years. to the licensing of byproduct material. FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2400 NOTICES The petitioner requests that the Com Volume 9 (181 CSL, 1965) to enter into this data or to guard against the loss or diversion mission amend its regulation “Rules of Agreement with the Commission; and of special nuclear material. Whereas, the Governor of the State of A r t . V . The Commission will use its best (General Applicability to Licensing of Colorado certified on September 12, 1967, that efforts to cooperate with the State and other Byproduct Material,” 10 .CFR Part 30, the State of Colorado (hereinafter referred agreement States in the formulation of so as to exempt from licensing require to as the State) has a program for the con standards and regulatory programs of the ments spark gap tubes containing not trol of radiation hazards adequate to protect State and the Commission for protection more than 10 millicuries of tritium. The the public health and safety with respect against hazards of radiation and to assure spark gap tubes are employed primarily to the materials within the State covered that State and Commission programs for to provide surge voltage protection in by this Agreement, and that the State desires protection against hazards of radiation will high voltage electrical circuits. to assume regulatory responsibility for such be coordinated and compatible. The State will materials; and use its best efforts to cooperate with the A copy of the petition for rule making - Whereas, the Commission found on De Commission and other agreement States in is available for public inspection in the cember 20, 1967, that the program of the State the formulation of standards and regulatory Commission’s Public Document Room at for the regulation of the materials covered programs of the State and the Commission 1717 H. Street NW., Washington, D.C. by this Agreement is compatible with the for protection against hazards of radiation Commission’s program for the regulation of and to assure that the State’s program will Dated at Germantown, Md., this 25th such materials and is adequate to protect the continue to be compatible with the program day of January 1968. public health and safety; and of the Commission for the regulation of like For the Atomic Energy Commission. Whereas, the State and the Commission materials. The State and the Commission recognize the desirability and importance of will use their best efforts to keep each other W . B. M cC o o l, cooperation between the Commission and the informed of proposed changes in their re. Secretary. State in the formulation of standards for pro spective rules and regulations and licensing, tection against hazards of radiation and in inspection, and enforcement policies and cri [FR . Doc. 68-1140; Piled, Jan. 30, 1968; assuring that State and Commission pro teria, and to obtain the comments and assist 8:46 a.m.] grams for protection against hazards of ance of the other party thereon. radiation will be coordinated and compatible; Art. VI. The Commission and the State and agree that it is desirable to provide for re STATE OF COLORADO Whereas, the Commission and the State ciprocal recognition of licenses for the mate recognize the desirability of reciprocal recog rials listed in Article I licensed by the other Agreement Regarding Discontinuance nition of licenses and exemption from li party or by any agreement State. Accordingly, of Certain Commission Regulatory censing of those materials subject to this the Commission and the State agree to use Authority and Responsibility Within Agreement; and their best efforts to develop appropriate rules, Whereas, this Agreement is entered into regulations, and procedures by which such the State pursuant to the provisions of the Atomic reciprocity will be accorded. Energy Act of 1954, as amended; Art. VII. The Commission, upon its own Notice is hereby given that Gerald F. initiative after reasonable notice and oppor Tape, Commissioner, on behalf of the Now, therefore, it is hereby agreed between the Commission and the Governor of the tunity for hearing to the State, or upon re Atomic Energy Commission, and the State, acting in behalf of the State, as quest of the Governor of the State, may Honorable John A. Love, Governor of the follows : terminate or suspend this Agreement and re State of Colorado, have signed the Agree A rtic le I. Subject to the exceptions pro assert the licensing and regulatory authority ment below for discontinuance of certain vided in Articles II, III, and IV, the Commis vested in it under the Act if the Commission Commission regulatory authority. The sion shall discontinue, as of the effective finds that such termination or suspension is date of this Agreement, the regulatory au required to protect the public health and Agreement is published in accordance safety. with the requirements of Public Law thority of the Commission in the State A r t . VIII. This Agreement shall become 86-373 (section 274 of the Atomic Energy under Chapters 6, 7, and 8, and section 161 of the Act with respect to the following effective on February 1, 1968, and shall re Act of 1954, as amended). The exemp materials : main in effect unless, and until such time as tions from the licensing requirements of A. Byproduct materials; it is terminated pursuant to Article VII. Chapters 6, 7, and 8 of the Atomic B. Source materials; and Done at Denver, State of Colorado, in tripli Energy Act are contained in Part 150 C. Special nuclear materials in quantities cate, this 16th day of January 1968. of the Commission’s regulations (10 CFR not sufficient to form a critical mass. Fpr the United States Atomic Energy Com Part 150) which was published in A r t . II. This Agreement does not provide mission. G erald F. T ape, ederal egister for discontinuance of any authority and the F R issuances of February Commissioner. 14, 1962, 27 F.R. 1351; September 22, Commission shall retain authority and re 1965, 30 F.R. 12069; and March 19, 1966, sponsibility with respect to regulation of : For the State of Colorado. A. The construction and operation of any 31 F.R. 4668. production or utilization facility; J o h n A. Love, . - G o v e r n o r . Dated at Washington, D.C., this 26th B. The export from or import into the day of January 1968. United States of byproduct, source, or special [F.R. Doc. 68-1169; Filed, Jan. 30, 1968; nuclear material, or of any production or 8:48 a.m.] For the Atomic Energy Commission. utilization facility; W . B. M cC ool, C. The disposal into the ocean or sea of Secretary. byproduct, source, or special nuclear waste BROOKHAVEN NATIONAL LABORA materials as defined in regulations or orders TORY; MAIN SITE A g r e e m e n t B e t w e e n t h e U.S. A t o m ic E n e rg y of the Commission; C o m m is s io n an d t h e St a t e o p Colorado D. The disposal of such other byproduct, Trespassing on Commission Property fo r D iscontinuance of C e r t a in C o m m is source, or special nuclear material as the s io n R eg u latory A u t h o r it y a n d R e s p o n s i Commission from time to time determines by The notice concerning unauthorized b il it y W i t h in t h e Sta te P u r su a n t to regulation or order should, because of the entry into or upon the Brookhaven Na S e c t io n 274 o f t h e A t o m ic E n e r g y A ct of hazards or potential hazards thereof, not be tional Laboratory site of the Atomic 1954, a s A m en d ed so disposed of without a license from the Energy Commission dated October M. Whereas, the U.S. Atomic Energy Commis Commission. 1965, appearing at pages 13275-6 of tn sion (hereinafter referred to as the Com A r t . III. Notwithstanding this Agreement, F ederal R egister of October 19. 19b. mission) is authorized under section 274 of the Commission may from time to time by (30 F.R. 13275, F.R. Doc. 65-11089), is the Atomic Energy Act of 1954, as amended rule, regulation, or order, require that the hereby amended to read as follows: (hereinafter referred to as the Act) to enter manufacturer, processor, or producer of any into agreements with the Governor of any equipment, device, commodity, or other prod Notice is hereby given that the Atomic State providing for discontinuance of the uct containing source, byproduct, or special Energy Commission, pursuant to sect regulatory authority of the Commission nuclear material shall not transfer posses 229 of the Atomic Energy Act of i»i£ within the State under Chapters 6, 7, and 8, sion or control of such product except pur as amended, as implemented by 1« and section 161 of the Act with respect to suant to a license or an exemption from li Part 160 published in the Federal byproduct materials, source materials, and censing issued by the Commission. R egister on August 16, 1963 (28 • • spécial nuclear materials in quantities not A r t . IV. This Agreement shall not affect 8400) . prohibits the unauthorized entry. sufficient to form a critical mass; and the authority of the Commission under sub as provided in 10 CFR 160.3, anc^ Whereas, the Governor, of the State of section 161 b. or i. of the Act to issue rules, Colorado is authorized under section 66-26-2 regulations, or orders to protect the common authorized introduction of weapo Colorado Revised Statutes, 1963, annotated defense and security, to protect restricted dangerous materials, as provided FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2401 CFR 160.4, into or upon the main site Thence N. 59°59'50'' W. 350 feet to the BROOKHAVEN NATIONAL LABORA easterly boundary of William Floyd Parkway of the Brookhaven National Laboratory TORY; NORTH BNL SITE, FORMER of the Atomic Energy Commission, said Extension; Thence along said eastery; boundary N. RIFLE RANGE TRACT site being a tract of land located in the 30°00'10'' E. 2,549.18 feet to a point; town of Brookhaven, Suffolk County, Thence on a curve deflecting to the left Trespassing on Commission Property N.Y., the aforesaid tract being more par having a radius of 2,939.79 feet an arc dis ticularly described as follows: tance of 943.16 feet to a point; Notice is hereby given that the Atomic Beginning at monument 178 in the Thence N. 30°00'10” E. 219.20 feet to a Energy Commission, pursuant to section northerly right-of-way line of the Long point; 229 of the Atomic Energy Act of 1954, Island RR. Co. and running: Thence N. 87°37'55" E. 56.98 feet to monu as amended, as implemented by 10 CFR ment 156; Part 160 published in the F ederal R eg Thence S. 58“0 7'15 " W . 3,607.35 feet to Thence N. 7°55 '4 0 " W. 572.29 feet to monu ister on August 16, 1963 (28 F.R. 8400), monument 182; ment 154; prohibits the unauthorized entry, as pro Thence S. 87°09'55" W . 351.41 feet to Thence N. 6 °56 '3 0 " W. 163.42 feet to south monument 183; erly side of Deer Leap Road; vided in 10 CFR 160.3, and the unau Thence S. 87°13'31'' W . 100 feet to the Thence with the southerly side of Deer thorized introduction of weapons or westerly R.O.W. line of the L.I.L.C.O.; Leap Road, N. 87°41'00" E. 4,868.25 feet to dangerous materials, as provided in 10 Thence S. 2°37'47'' E. 253.73 feet to the easterly side of Pleasant View; CFR 160.4, into or upon the North BNL northerly R.O.W. line of the Long Island RR.; Thence with easterly side of Pleasant View Site (Former Rifle Range Tract) of the Thence S. 58°05'51" W. along the northerly N. 2°19'00'' W. 921.20 feet to the southerly R.O.W. line 372.30 feet to lands acquired by side of Elizabethway; Brookhaven National Laboratory of the the State of New York for the extension of Thence with southerly side of Elizabeth- Atomic Energy Commission, said site the Long Island Expressway; way N. 87°41'00" E. 400 feet to a point; being a tract of land located in the town Thence, along said lands acquired by the Thence S, 2 °1 9 '0 0 " E. 33.60 feet to the State of New York, the following eight (8) southerly boundary of the proposed Port of Brookhaven, Suffolk County, N.Y., courses and distances: Jefferson— Westhampton County Road No. the aforesaid tract being more particu (1) N. 31°50'48" W , 145.63 feet; (2) S. Ill; thence southeasterly along said south larly described as follows: 58°09'12" W. 242.08 feet; (3) westerly on a erly boundary on a curve deflecting to the curve deflecting to the right having a radius left having a radius of 3,100 feet an arc Beginning at monument No. 95 in the of 9,970 feet, an arc distance of 1,077.57 feet; distance of 824 feet more or less to a point; center of Middle Country Road, New (4) S. 86°33'47" W. 1,143 feet more or less; Thence N. 87°41'00'' E. 85 feet more or less York State Route 25, and running: (5) southwesterly, on a curve, to the left to a point; having a radius of 10,205 feet, an arc distance Thence S. 2°19 '0 0 " E. 32 feet more or less Thence with true bearings N. 16°55'10" of 5,270.64 feet more or less; (6) continuing to southerly boundary of proposed Port W. 4,510.94 feet to monument No. 100; southwesterly, on a curve to the right having Jefferson-'-Westhampton County Road No. Thence N. 13°18'10" W . 119.06 feet to a a radius of 970 feet, an arc distance of 663.53 I l l ; point in the easterly boundary of the W il feet more or less; (7) N. 83°50'59" W . 329.97 Thence with southerly boundary of pro liam Floyd Parkway Extension; feet; (8) westerly, on a curve to the left, posed Port Jefferson— Westhampton County Thence with said easterly boundary on a having a radius of 830 feet, an arc distance of Road No. I l l on a curve deflecting to the left curve deflecting to the left, having a radius 324.20 feet more or less to lands of the having a radius of 3,100 feet an arc distance of 5,804.58 feet an arc distance of 1,538.26 county of Suffolk; • of 668 feet more or less to a point; feet ter a point; Thence N. 33°47'24" W., along said lands of Thence N. 2°19'00'' W . 180.60 feet more or the county of Suffolk, 13.65 feet; Thence N. 6 °3 1 '4 5 " W . 1,582.03 feet to a less to a point; point; Thence S. 56°12'36'' W„ still along lands Thence N. 87°41'0O" E. 400 feet more or of the same 48.06 feet to another point in less to a point in the northerly boundary of Thence on a curve deflecting to the right, the northerly boundary of the proposed Long the proposed Port Jefferson— Westhampton having a radius of 11,459.16 feet an arc dis Island Expressway; County Road No. I l l ; tance of 2,308.06 feet to a point; Thence along said northerly boundary, the Thence S. 2°19'00'' E. 200 feet more or less Thence N. 5 °00 '4 0 " E. 5,671.04 feet to a three (3) following courses and distances; to a point in the southerly boundary of the point; (1) R=830 feet, an arc distance of 161.24 Port Jefferson— Westhampton County Road Thence N. 4 5°30'02" E. 1,205.13 feet to a feet more or less; (2) S. 59°12'18" W . 9,704 No. I l l ; point in the southerly boundary of New York feet; (3) N. 88°35'46" W. 117.40 feet more or Thence with the southerly boundary of State Route 2 5A; less to the northeasterly side of William the Port Jefferson— Westhampton County Thence easterly along the southerly Floyd Parkway; Road No. I l l N. 87°41'00" E. 1,600 feet more boundary of New York State Route 25A Thence N. 33°47'24" W. along the north or less to a point; 2,400 feet more or less, to U.S. monument easterly side of said Parkway, 3,560.79 feet Thence southeasterly with said southerly No. 120; more or less; boundary on a curve deflecting to the right, Thence N. 80°40'00" E. 857.73 feet to having a radius of 2,900 feet an arc distance ,, Tbence northwesterly, continuing along monument No. 121; the same, on a curve to the right having a of 1,242.37 feet more or less; Thence S. 67°45'41” E. 2,169 feet more or Thence S. 7 °18 '0 0 " E. 3,715 feet to monu radius of 2,789.79 feet, an arc distance of ment No. 127; 1,396.09 feet to a point; less; Thence leaving said southerly boundary Thence N. 8 6°57'30" E. 1,922.05 feet to Thence N. 5°06'45" W . 1,284.52 feet to a Point; S. 5°42'40'' E. 4,115.64 feet to a point; monument No. 130; Thence S. 5°40 '0 0 " E. 6,228.01 feet to a Thence S. 5 °5 4 '3 0 " E. 9,937.40 feet to Thence on a curve deflecting to the right monument in the northerly boundary of the monument No. 140 in the center line of aving a radius of 5,654.58 feet, an arc dis Long Island Railroad boundary; Middle Country Road, New York State tance of 1,184.29 feet to a point; Thence with said northerly boundary S. Route 25; J ^ n c e N. 75°39'00" E. 314.11 feet to a 58°09'22'' W. 2,177.49 feet to a point; Thence with the centerline of said Middle ^ e southerly side of New Road to Thence S. 58°12'53" W . 560.80 feet to U S . Country Road (New York State Route 25) monument 178 the place of beginning; con to the point of beginning; containing 2,258 iR^ en.ce crossing said road N. 7 °15 '4 5 " W . taining 5,264.613 acres more or less, excepting acres more or less, excepting any portion 165 feet to a point; any portion that may be a part of the public which may be a part of the public highway Thence S. 74°07'00" E. 150 feet to a point; highway system. system. ence N. 15°53'00" E. 300 feet to a point; Notices stating the pertinent prohibi Notices stating the pertinent prohibi point61*06 N* 74°07'00'' W. 278.24 feet to a tions of 10 CFR 160.3 and 160.4 and tions o f 10 CFR 160.3 and 160.4 and penalties of 10 CFR 160.5 will be pasted penalties of 10 CFR 160.5 will be posted easterufv. N‘ 7°15'45" W. 374.27 feet to the at all entrances of said tract and at in at all entrances of said tract and at in Extension°mi<*ar^ William Floyd Parkway tervals along its perimeter as provided tervals along its perimeter as provided in 10 CFR 160.6. in 10 CFR 160.6. currcdpfl^118 said easterly boundary on a of r Red to the right having a radius Dated at Germantown, Md., this 26th Dated at Germantown, Md., this 26th feettoapoint^ “ dlstance of 1.322.84 day of January 1968. day of January 1968. Point?106 N‘ 30°00' 10'' E- 4,057.36 feet to a R . E . H ollingsworth , R. E. H ollingsworth , General Manager. General Manager. hence S. 59°59'50" E. 350 feet to a point; [F.R. Doc. 68-1170; Filed, Jan. 30, 1968; [F.R. Doc. 68-1171; Filed, Jan. 30, 1968; hce N. 30°00'10" E. 300 feet to a point; 8:48 a.m.] 8:48 a.m.] FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2402 NOTICES SAVANNAH RIVER PLANTSITE [Docket No. 50-155] P roposed A m e n d m e n t to O perating L icense [License No. DPR-6, Amdt. No. 1] Trespassing on Commission Property CONSUMERS POWER CO. The Atomic Energy Commission having The notice concerning unauthorized Notice of Proposed Issuance of found that: entry into or upon the Savannah River Amendment to Operating License a. The application for amendment dated Plantsite of the Atomic Energy Com May 26, 1967, as supplemented May 29, Au The Atomic Energy Commission is mission dated October 12, 1965, appear gust 15, November 10, and December 14, 1967, considering the issuance of an amend complies with the requirements of the Atomic ing at pages 13290-13292 of the F ederal ment to Operating License No. DPR-6 Energy Act of 1954, as amended, and the R egister of October 19, 1965 (30 F.R. which authorizes the Consumers Power Commission’s regulations set forth in Title 13290-13292, F.R. Doc. 65-11116) is here Co. to operate its Big Rock Point Nuclear 10, Chapter 1, CFR; by amended in the following respects: Plant (“the reactor” ) located in Charle b. There is reasonable assurance (i) that 1. The introduction to the exclusions the reactor can be operated in accordance voix County, Mich. The amendment, set with the license, as amended, without en from the posted tract (page 13291, last forth below, would modify the Technical column) is amended to read as follows: dangering the health and safety of the public, Specifications appended to the license and (ii) that such activities will be conducted “Excluded from the above-described to permit power operation of the reactor in compliance with the rules and regulations tract are the following railroad and high with six (6) high performance develop of the Commission; way rights-of-way:” mental fuel bundles in accordance with c. The issuance of this amendment will 2. Following the exclusions for Atlan the application dated May 26, 1967, and not be inimical to the common defense and tic Coast Line Railroad rights-of-way, supplements thereto dated May 29, security or to the health and safety of the the following additional exclusion is August 15, November 10, and December public; added to this notice: 14, 1967. Operating License No. DPR-6, as amended, issued to Consumers Power Co. for operation South Carolina Highway 125. A strip of Prior to the issuance of the amend of its Big Rock Point Nuclear Plant (“the right-of-way varied In width beginning at ment, the facility will be inspected by reactor” ) located in Charlevoix County, the Intersection of the centerlines of S.C. representatives of the Commission to Mich., is hereby further amended by adding Highway 125 and S.C. Highway 62 near the determine that the modifications to the the following subparagraph to paragraph 3.B. town limits of Jackson, S.C., and extending in facility to assure prompt delivery of “ The Technical Specifications contained a southeasterly direction through the water from the fire protection system to in appendix A are modified by attachment Savannah River Plant of the U.S. Atomic A,1 appendix hereto (designated as Change Energy Commission for 18.3 miles through the reactor pressure vessel, in the event No. 13), to permit power operation of the the Allendale Barricade to the point of of rupture of the core spray line, have reactor with six' (6) high performance de intersection of the centerline of S.C. High been completed. velopmental fuel bundles in accordance with way 125 and the boundary line of the Sa Within thirty (30) days from the date the application for amendment dated May 26, vannah River Plant, said point having a of publication of this notice in the 1967 and supplements thereto.” coordinate value on the S.C. Lambert co F ederal R egister the applicant may file This amendment is effective as of the date ordinate system of N. 469,337.21 and a request for a hearing, and any person of issuance. E. 1,817,753.41, all as is more particularly described in the Deed of Easement granted whose interest may be affected by this For the Atomic Energy Commission. proceeding may file a petition for leave by the United States of America acting Date of Issuance: through the U.S. Atomic Energy Commission to intervene. Requests for a hearing and to the S.C. State Highway Department, petitions to intervene shall be filed in P eter A. M orris, dated July 27, 1967, and recorded in the accordance with the Commission’s “ Rules Director, records of the Clerk of Court of Aiken of Practice”, 10 CFR Part 2. If a request Division of Reactor Licensing. County, S.C., in Title Book 338, at pages for a hearing or a petition for leave to [F.R. Doc. 68-1287; Filed, Jan. 30, 1968; 191-200, and Plat Book 3, page 102, and in intervene is filed within the time pre 11:00 am .] the records of the Clerk of Court of BarnweU County, S.C., in Book 13-E, on page 34. scribed in this notice, the Commission will issue a notice of hearing or an Dated at Germantown, Md., this 26th appropriate order. day of January 1968. For further details with respect to this FEDERAL POWER COMMISSION R. E. H ollingsworth , proposed amendment, see (1) the appli [Docket Nos. RI68-374 et al.] General Manager. cation dated May 26, 1967, and supple ments thereto, (2) the report of the GEORGE MITCHELL & ASSOCIATES, [F.R. Doc. 68-1172; Filed, Jan. 30, 1968; 8:48 a.m.] Advisory Committee on Reactor Safe INC., ET AL. guards dated December 20, 1967, (3) a related Safety Evaluation prepared by Order Providing for Hearings on and Suspension of Proposed Changes WELDON SPRING FEED MATERIALS the Division of Reactor Licensing and (4) PRODUCTION CENTER Attachment A to Amendment No. 1, all in Rates 2 of which are available for public inspec January 23,1968. Trespassing on Commission Property; tion at the Commission’s Public Docu The Respondents named herein have ment Room, 1717 H Street NW., Wash Revocation of Notice filed proposed increased rates and ington, D.C. Copies of items (2) and (3) charges of currently effective rate sched The notice with respect to the Weldon above may be obtained at the Commis Spring Feed Materials Production Cen ules for sales of natural gas under Com ter of the Atomic Energy Commission sion’s Public Document Room, or upon mission jurisdiction, as set forth in Ap dated October 12, 1965, appearing at request addressed to the Atomic Energy pendix A hereof. pages 13292-93 of the F ederal R egister Commission, Washington, D.C. 20545, The proposed changed rates and of October 19, 1965 (F.R. Doc. 65-11119), Attention: Director, Division of Reactor charges may be unjust, unreasonable, unduly discriminatory, or preferential, is hereby revoked. Licensing. or otherwise unlawful. Dated at Germantown, Md., this 26th Dated at Bethesda, Md., this 30th day day of January 1968. of January 1968. 1 This item was not filed with the Office of For the Atomic Energy Commission. the Federal Register but is available for R . E. H ollingsworth , spection in the Public Document R oom General Manager. P eter A . M orris, the Atomic Energy Commission. [F.R. Doc. 68-1173; Filed, Jan. 30, 1968; Director, 2 Does not consolidate for hearing or 8:48 a.m.] Division of Reactor Licensing. pose of the several matters herein. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2403 The Commission finds: It is in the held concerning the lawfulness of the position of these proceedings or expira public interest and consistent with the proposed changes. tion of the suspension period. Natural Gas Act that the Commission (B) Pending hearings and decisions (D) Notices of intervention or peti enter upon hearings regarding the law thereon, the rate supplements herein tions to intervene may be filed with the fulness of the proposed changes, and that are suspended and their use deferred the supplements herein be suspended until date shown in the “Date Suspended Federal Power Commission, Washing and their use be deferred as ordered Until” column, and thereafter until made ton, D.C. 20426, in accordance with the below. effective as prescribed by the Natural rules of practice and procedure (18 CFR The Commission orders: Gas Act. 1.8 and 1.37(f)) on or before March 6, (A) Under the Natural Gas Act, par 1968. ticularly sections 4 and 15, the regula (C) Until otherwise ordered by the tions pertaining thereto (18 CFR Ch. I ) , Commission, neither the suspended sup By the Commission. and the Commission’s rules of practice plements, nor the rate schedules sought [seal] G ordon M. G rant, and procedure, public hearings shall be to be altered, shall be changed until dis Secretary. A ppendix A Rate Sup Amount Date Effective Date Cents per Mcf Docket sched ple Rate in of filing date sus effect No. Respondent ule ment Purchaser and producing area annual tendered unless pended No. subject to No. increase sus until— Rate in Proposed in refund in pended effect creased rate docket Nos. RI68-374__ George Mitchell & 10 17 ■ ■ ■ — ------H $2,068 12-21-67 *2- 5-68 7- 5-68 14.3733 » * 14.8733 Associates, Inc., Corp. (Brandt, Enke, and RI63-440. Agent for Morris South Weesatche Fields, Rauch et al., Houston Goliad County, Tex.) Club Bldg., J2th (R R . District No. 2). Floor, Houston, Tex. 77002. RI68-375__ George Mitchell & 11 13 Texas Eastern Transmission 2,302 12-21-67 * 2- 5-68 7- 5-68 14.3733 » * 14.8733 RI63-440. Associates, Inc., Corp. (North Ameckevüle Agent for J. S. Osh- Field, De Witt County, man, et al. Tex.) (RR. District No. 2). RI68-376__ George Mitchell & 17 Texas Eastern Transmission 8 12-21-67 22- 5-68 7- 5-68 14.3733 » 4 14.8733 RI63-440. Associates, Inc., Corp. (North Meyersville Agent for Johnny Field, De Witt County, / Mitchell, Trustee et Tex.) (RR. District No. 2). al. R168-377__ Amerada Petroleum 6 28 Texas Eastern Transmission 6,097 12-26-67 •2- 5-68 7- 5-68 14.3733 * 4 14.8733 RI65-364. Corp., Post Office Corp. (Dial and Riverdale Box 2040, Tulsa, Fields, Goliad County, Okla. 74102, Attn: Tex.) (RR. District No. 2). Mr. W. H. Bourne. RI68-378__ Sinclair Oil & Gas Co., 67 15 Texas Eastern Transmission 482 12-26-67 s 2- 5-68 7- 5-68 14.3733 84 14.8733 RI63-315. Post Office Box 521, Corp. (Karon Field, Live Tulsa, Okla. 74102, Oak County, Tex.) (RR. Attn: Mr. P, T . District No. 2). Davis. 1 381 Panhandle Eastern Pipe 5,292 12-26-67 a 1-26-68 6-26-68 15. 750 4 8 « 17.850 Line Co. (Northeast Waydka Field, Woods Gounty, Okla.) (Oklahoma “ Other” Area). RI68-379__ Sinclair Oil & Gas Co. 281 14 Texas Eastern Transmission 3,393 12-26-67 « 2 - 5-68 7- 5-68 14.3733 » 4 14.8733 RI63-415. (Operator) et aL Corp. (Jennie Belle Field, De Witt County, Tex.) (R R . District No. 2). RI68-380-. Sinclair Oil & Gas Co. 282 10 Texas Eastern Transmission 198 12-26-67 »2 - 5-68 7- 5-68 14.3733 8 4 14.8733 et al. Corp. (Karon Field, Live RI63-415. Oak County, Tex.) (RR. District No. 2). RI68-381.. Gruy Management 1 »8 United Gas Pipe Line Co: 6,829 12-28-67 »1-28-68 6-28-68 » b io. 75 » “ 1121.48 Service Co., Agent (Northeast Lewisburg RI65-243. for Gador Petroleum Field, St. Landry Parish, Corp. et al., 2501 La.) (South Louisiana). Cedar Springs Rd., Dallas, Tex. 75201. RI68-382.. J. M. Huber Corp., 2401 49 2 Panhandle Eastern Pipe 323 « 12-26-67 »1-26-68 6-26-68 »16.0 8 4 * 17.01 East Second Ave., Line Co. (Tucker Unit, Denver, Colo. 80206. Northwest Carthage Area, Texas County, Okla.) (Panhandle Area)." 73 5 Panhandle Eastern Pipe 9,143 48 12-26-67 « 1-26-68 6-26-68 « 17.51 3 4 1« 18. 555 Line Co. (Southeast Gage Field, Ellis County, Okla.) (Panhandle Area). 8 P^iodfc rate^nc *Ve date the eflective date requested by Respondent. io Pressure base is 15.025 p.s.i.a. u Subject to a downward B.t.u. adjustment. * piifrfïï?1)356 ÿW-fiSpALa., 12 Rate, inclusive of 1.75 cents tax reimbursement, is in effect subject to refund in e Ino. lull ®onditi°ned certificate rate to initial contract rate. Docket No. RI65-243. B.t.u. gao\ price of 15 c?nts Plws 0.75-cent upward B.t.u. adjustment (1,050 1» Filing completed Dec. 28,1967. adjustment after increasef6 and *3ase ra*e °* 17 cents plus 0.850-cent upward B.t.u: 44 Subject to a downward B.t.u. adjustment (estimated B.t.u. content is 933 B.t.u. ’ s per cubic foot). dated Jidy 7, 1967, providing for the redetermined “ Includes base price of 17 cents plus 0.51-cent upward B.t.u. adjustment (1,030 ' *,for ^year period commencing Nov. 6, 1967. B.t.u. gas) before increase and base price of 18 cents plus 0.54-cent upward B.t.u. 1 &edetemmedrateiimr*6 *S ^ firSt d&y after exPiration oi tlle statutory notice; adjustment plus 0.015-cent tax reimbursement. Base price subject to upward and downward B.t.u. adjustment. CadoryTwan.ageinei3i Service Co., Agent for cause has not been shown for waiving the 30- price levels for increased rates as set forth in quests C a rP- * (Gray) re- day notice requirement provided in section the Commission’s Statement of general policy ber i iQR7 t f0acîlve effective date of Novem- 4(d) of the Natural Gas Act to permit earlier No. 61-1, as amended (18 CFR, Ch. I, Part 2, J, m ’tt.,. ’ ~°r their proposed rate increase. effective dates for Gruy and Huber’s rate § 2.56). Proposed (Huber) requests that its filing and such requests are denied. come Kff lncreases he permitted to be- All of the producers’ proposed increased [F.R. Doc. 68-1132; Filed, Jan. 30, 1968; 6 effective as of January V 1968. Good rates and charges exceed the applicable area 8:45 ajn.] FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2404 NOTICES [Docket No. RP68-16] tracts exceeding $2,500 to comply with in accordance with the wages and fringe benefits determined by the Secretary of CITIES SERVICE GAS CO. new Department of Labor regulations providing safety and healthy standards Labor or his authorized representative, as Notice of Proposed Changes in Rates specified in any attachment to this contract. for such contracts. If there is such an attachment, any class of and Charges 2. Effective date. This regulation is service employee which is not listed therein effective February 1, 1968. January 24, 1968. but which is to be employed under this 3. Expiration date. This regulation will contract, shall be classified or reclassified Notice is hereby given that Cities Serv remain in effect until canceled. and paid wages conformably to the determi ice Gas Co. on January 23, 1968, filed 4. Background. By amendment to Title nation of the Secretary of Labor; as specified proposed changes in its FPC Gas Tariff, 29 (CFR), the Bureau of Labor Stand in such attachment, by agreement between to become effective on February 23, 1968. ards, Department of Labor, issued new the interested parties, and the Contracting Officer shall report the action to the Admin The proposed changes would increase safety and health standards applicable istrator of the Wage and Hour and Public rates by $7,944,657 per year to Cities’ to Federal service contracts exceeding Contracts Divisions of the Department of jurisdictional customers, based upon $2,500 (see 32 F.R. 21036, Dec. 30, 1967). Labor. If the interested parties do not agree sales for the year ended October 31, These standards were prescribed in new on a classification or reclassification which 1967, as adjusted. The proposed increases Part 1516 of Title 29 (CFR) and com is, in fact, conformable, the Contracting would be applicable to Cities’ FPC Rate pliance procedures were also made ap Officer shall submit the question, together Schedules F-l, F-2, C-l, C-2, 1-1, 1-2, plicable to service contracts by a revision with his recommendation, to the Adminis trator of the Wage and Hour and Public IRG-1, and P. to the contract clause required by 29 Contracts Divisions of the Department of Cities states that the principal reasons CFR §4.6 (FPR 1-12. 904-1). Accord Labor or his authorized representative for for the proposed rate increases are: (1) ingly, pending formal revision of the final determination. In addition, nonservice Increased purchased gas costs; (2) in FPR, this regulation prescribes a re employees shall be paid not less than the creased salaries, wages, and expenses; vised contract clause for Federal service minimum wage specified under section (3) increased ad valorem and Federal in contracts exceeding $2,500 which incor 6(a) (1) of the Fair Labor Standards Act of come taxes (including a possible 10 per porates the procedures for contractor 1938, as amended ($1.60 per hour as of Feb. compliance with the new safety and 1, 1968). cent Federal surtax subject to elimina (b) Obligation to furnish fringe benefits. tion from Cities’ rates and refund if it is health standards for the protection of The Contractor or subcontractor may dis not enacted); and (4) the need for a 7.5 service employees engaged in the per charge the obligation to furnish fringe bene percent rate of return. formance of such contracts. fits specified in the attachment by fur Protests, petitions to intervene, or no 5. Effect on other issuances. Paragraph nishing any equivalent combinations of tices of intervention may be filed with 3 of FPR Temporary Regulation No. 10, fringe benefits, or by making equivalent or the Federal Power Commission, Wash continued in effect by FPR Temporary differential payments in cash, pursuant to ington, D.C. 20426, pursuant to the Com Regulation No. 12, is hereby superseded. applicable rules of the Administrator of the Wage and Horn: and Public Contracts Divi mission’s rules of practice and procedure 6. Department of Labor regulations. sions of the Department of Labor. on or before February 13,1968. New Part 1516 of Title 29 (CFR) estab (c) Minimum wage. In the absence of a G ordon M . G rant lishes policies and procedures with re minimum wage attachment for this contract, Secretary. spect to safety and health standards for neither the Contractor nor any subcontractor under this contract shall pay any of his em [F.R. Doc. 68-1128; Filed, Jan. 30, 1968; Federal service contracts exceeding $2,500, or for contracts of an indefinite ployees performing work under the contract 8:45 a.xn.] (regardless of whether they are service em amount where it is believed that such ployees) less than the minimum wage spe [Docket No. RI68-304 etc.] contracts may exceed 2,500. Where it is cified by section 6(a) (1) of the Fair Labor feasible to do so, contractors should be Standards Act of 1938 ($1.60 per hour as of SINCLAIR OIL & REFINING CO., ET AL. referred to the requirements of Part 1516 Feb. 1, 1968). Nothing in this provision shall Order Providing for Hearings on and since the regulations embody require relieve thê Contractor or any subcontractor ments and procedures, such as contrac of any other obligation under law or contract Suspension of Proposed Changes tor records of work injuries suffered by for the payment of a higher wage to any in Rates employee. employees, including injury frequency (d) Notification to employees. The Con J anuary 19,1968. and severity rates, not included in the tractor shall notify each service employee Sinclair Oil & Refining Co. et al., contract clause. commencing work on this con tract of the Docket Nos. RI68-304 et al., and Union 7. Revision of FPR 1-12.904-1. Pend minimum monetary wage and any fringe Pacific Railroad Co., Docket No. RI68- ing formal amendment of the FPR, the benefits required to be paid pursuant to this 326. clause set forth in the attachment to this contract, or shall post a notice of such wages and benefits in a prominent and accessible In order providing for hearings on and temporary regulation shall be used in suspension of proposed changes in rates, place at the worksite, using such poster as lieu of the clause presently prescribed in may be provided by the D ep artm en t o f Labor. issued December 28, 1967, and published § 1-12.904-1. (e) Safe and sanitary working conditions. in the F ederal R egister January 10,1968 8. Revision of FPR 1-12.904-2. Pend The Contractor or subcontractor shall not (F.R. Doc. 68-243), 32 F.R. 385, Docket ing formal amendment of the FPR, the permit any part of the services called for by Nos. RI68-304 et al., Appendix A, line 16, parenthetical statement “ ($1.60 per this contract to be performed in buildings under column headed “Proposed In hour as of Feb. 1, 1968)” is substituted or surroundings or under working conditions creased Rate:” Change “ 12.7” to read for the parenthetical statement “ ($1.40 provided by or under the control or super “ 17.0” . vision of the Contractor or subcontractor per hour as of Feb. 1, 1967, and $1.60 per which are unsanitary or hazardous or dan G ordon M . G rant, hour as of Feb. 1, 1968)” appearing in Secretary. gerous to the health or safety of service em the clause prescribed by § 1-12.904-2. ployees engaged to furnish these servie • [F.R. Doc. 68-1130; Filed, Jan. 30, 1968; Except insofar as a noncompliance can 8:45 a.m.[ Dated: January 29,1968. justified as provided in 29 CFR 1516.1 (C). L a w s o n B. K n o t t , Jr., this wil require compliance with the app ■ Administrator of General Services. cable standards, specifications, and coo, developed and published by the U.S. Dep GENERAL SERVICES ADMINIS Service C o n tr a c t A ct o p 1965 ment of Labor or any other agency of United States and nationally recognized pro This contract, to the extent that it is of fessional organizations including wit TRATION the character to which the Service Con limitation, the following : [ Temporary Reg. 14] tract Act of 1965 (Public Law 8 9 -2 8 6 ) ap plies, is subject tp the following provisions National Bureau of Standards, U.S. D epart SAFETY AND HEALTH STANDARDS and. to all other applicable provisions of the ment of Commerce. . . ni FOR FEDERAL SERVICE CONTRACTS Act and the regulations of the Secretary of Public Health Service, U.S. Department Labor thereunder (29 CFR Parts 4 and 151 6 ). Health, Education, and W elfare. Revision of Clause for Service (a) Compensation. Each service employeeBureau of Mines, U.S. Department oi Contracts Exceeding $2,500 employed in the performance of this con Interior. msti- tract by the Contractor or any subcontrac United States of America Standards iu 1. Purpose. This regulation prescribes tor shall be paid the minimum monetary tute (American Standards Association;. a revised clause for Federal service con wage and shall be furnished fringe benefits National Fire Protection Association. FEDERAL REGISTER. VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2405 American Society of Mechanical Engineers. Act of 1965, the term “service employee” American Society for Testing and Materials. means guards, watchmen, and any person en American Conference of Governmental In gaged in a recognized trade or craft, or other TARIFF COMMISSION dustrial Hygienists. skilled mechanical craft, or in unskilled, [APTA-W-22] Information as to the latest standards, semiskilled, or skilled manual labor occu specifications, and codes applicable to the pations; and any other employee including WORKERS’ PETITION FOR DETERMI contrsct is available at the office of tlie a foreman or supervisor in a position having NATION OF ELIGIBILITY TO APPLY Director of the Bureau of Labor Standards, trade, craft, or laboring experience as the U.S. Department of Labor, Railway Labor paramount requirement; and shall include FOR ADJUSTMENT ASSISTANCE Building, 400 First Street NW., Washington, all such persons regardless of any contractual Notice of Investigation D.C. 20212, or at any of the regional offices of relationship that may be alleged to exist the Bureau of Labor Standards as follows: between a Oontractor or subcontractor and Upon receipt on January 23, 1968 1. North Atlantic Region, 341 Ninth Ave such persons. of a request therefor from the Automo nue, Room 920, New York, N.Y. 10001 (Con [F.R. Doc. 68-1273; Filed, Jan. 30, 1968; tive Agreement Adjustment Assistance necticut, Maine, Massachusetts, New Hamp 10:50 a.m.] Board, the Tariff Commission instituted shire, New York, Rhode Island, Vermont, New Jersey, and Puerto R ico). an investigation pursuant to section 2. Middle Atlantic Region, 1110-B Federal 302(e), Automotive Products Trade Act Building, Charles Center, 31 Hopkins Plaza, of 1965, with respect to a petition filed Baltimore, Md. 21201 (Delaware, District of SECURITIES AND EXCHANGE with the Board by the International Columbia, Maryland, North Carolina, Penn Union, United Automobile Workers, and sylvania, Virginia, and West Virginia). COMMISSION its Local 304, on behalf of a group of 3. South Atlantic Region, 1371 Peachtree [File No. 2-20264] workers at the C. M. Hall Lamp Co., Street NE„ Suite 723, Atlanta, Ga. 30309 (Alabama, Florida, Georgia, Mississippi, BERLIN DOMAN HELICOPTERS, INC. Detroit, Mich. The petition alleges that South Carolina, and Tennessee). dislocation of a group of workers has 4. Great Lakes Region, 848 Federal Office Order Suspending Trading occurred due to the transfer by the com Building, 219 South Dearborn Street, Chi pany of the production of certain die cago, 111. 60604 (Illinois, Indiana, Kentucky, January 25,1968. castings from its plant in Detroit to its Michigan, Minnesota, Ohio, and Wisconsin). - It appearing to the Securities and Ex plant in Ontario, Canada. The Commis 5. Mid-Western Region, 2100 Federal Office change Commission that the summary sion is conducting the investigation to Building, 911 Walnut Street, Kansas City, suspension of trading in the common provide a factual record on the basis of Mo. 64106 (Colorado, Idaho, Iowa, .Kansas, stock of Berlin Doman Helicopters, Inc., Missouri, Montana, Nebraska, North Dakota, which the Board may make the deter South Dakota, Utah, and W yom ing). Toughkenamon, Pa. 19374, being traded minations required by section 302 of the 6. Western Gulf Region, 411 North Akard otherwise than on a national securities Act. Street, Room 601, Dallas, Tex. 75201 (Arkan exchange is required in the public inter No hearing has been scheduled. A sas, Louisiana, New Mexico, Oklahoma, and est and for the protection of investors; hearing will be held on request of any Texas). It is ordered, Pursuant to section 15 7. Pacific Region, 10353 Federal Building, party showing a proper interest in the (c) (5) of the Securities Exchange Act of subject matter of the investigation, pro 450 Golden Gate ^Avenue, Box 36017, San 1934, that trading in such securities Francisco, Calif. 94102 (Alaska, Arizona, vided the request is filed with the Secre California, Hawaii, Nevada, Oregon, Wash otherwise than on a national securities tary of the Tariff Commission within 10 exchange be summarily suspended, this ington, and Guam). days after this notice is published in (f) order to be effective for the period Jan Records. Each Contractor or subcon the Federal R egister. tractor performing work subject to the Act uary 25, 1968, through January 29, 1968, shall make and maintain for three years from both dates inclusive. The petition filed in this case is avail the completion of the work the records iden-, By the Commission. able for inspection at the office of the tified below for each service employee per Secretary, U.S. Tariff Commission, forming work under the contract, and shall [seal] O rval L. D uB ois, Eighth and E Streets NW., Washington, make them available for inspection and Secretary. D.C., and at the New York City office of transcription by authorized representatives [F.R. Doc. 68-1154; Filed, Jan. 30, 1968; the Tariff Commission located in Room of the Administrator of the Wage and Hour 8:47 a.m.] and Public Contracts Divisions of the U.S. 437 at the Customhouse. Department of Labor. By order of the Commission: (1) His name and address. NORTH AMERICAN RESEARCH & (2) His work classification or classifica- DEVELOPMENT CORP. Issued January 26,1968. ons, rate or rates of monetary wages and innge benefits provided, rate or rates of Order Suspending Trading [seal] D onn N. B ent, nrnge benefit payments in lieu thereof, and January 25,1968. Secretary. rrv I S ? weekly compensation. [F.R. Doc. 68-1137; Filed, Jan. 30, 1968; (3) His daily and weekly hours so worked, It appearing to the Securities and Exchange Commission that the summary 8:45 a.m.] ^ fivi deductions, rebates, or refunds d?^y or weekly compensation. suspension of trading in the common [g) withholding of payments and termi- stock of North American Research & Z l°l?L cmtract- Tlle Contracting Officer Development Corp., 1935 South Main th ^.^^diold or cause to be withheld from Street, Salt Lake City, Utah, and all DEPARTMENT OF LADOR or arm7! ! 1™161111 Prime Contractor under this other securities of North American Re as aJ „ ker Government contract such sums search & Development Corp. being traded Wage and Hour Division AdriÎ-H^fCnSSar^ to *** underpaid employees. otherwise than on a national securities “ y iailure comply with the CERTIFICATES A U T H O R IZ IN G THE the Paragraphs of this clause exchange is required in the public EMPLOYMENT OF LEARNERS AT interest and for the protection of mav k? the Service Contract Act of 1965 SPECIAL MINIMUM WAGES to for termination of his right investors; event n ff r ^ th the contract work. In such It is ordered, Pursuant to section 15(c) Notice is hereby given that pursuant contract« _2°V6rnment may enter into other (5) of the Securities Exchange Act of to section 14 of the Fair Labor Standards the wort ^rangements for completion of 1934, that trading in such securities Act of 1938 (52 Stat. 1060, as amended, 29 additional CS ? nê th* Coiltractor any otherwise than on a national securities U.S.C. 201 et seq.) - and Administrative exchange be summarily suspended, this to ^ insert b^°ntractors■ The Contractor agr< Order No. 595 (31 F.R. 12981) the firms order to be effective for the period listed in this notice have been issued ServSo^nt€Sei.paragraphs elatin g to t January 26, 1968, through February 4, c o S S t f S ^ f Act of 1965 in all subco special certificates authorizing the em these nara^rvi61^ 1 ‘Oontractor” as used 1968, both dates inclusive. ployment of learners at hourly wage he deem*>riP?Phs 111 any subcontract, sh By the Commission. rates lower than the minimum wage except in ttiJ^ refer to the subcontract rates otherwise applicable under section tractor.” the h6™ 1 “Government Prime Oo [seal] O rval L. D uB ois, Secretary. 6 of the act. For each certificate, the ef P^agraphl^rpi e™vlo%e e - As used in these [F.R. Do«. 68-1155; Filed, Jan. 30, 1968; fective and expiration dates, number or P relating to the Service Contract 8:47 a.m.] proportion of learners and the principal No. 21—Pt. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2406 NOTICES product manufactured by the establish Justice Manufacturing Co., Inc., Spring The Van Heusen Co., Brinkley, Ark.; 12-2- ment are as indicated. Conditions on Hope, N.C.; 11-27-67 to 11-26-68; 10 learners 67 to 12-1-68 (men’s dress shirts). occupations, wage rates, and learning (children’s dresses). Vernon Manufacturing Oo., Inc., Vernon periods which are provided in certificates Klos Manufacturing Co., Inc., Muskogee, Tex.; 1-1-68 to 12-31-68 (men’s and boys’ Okla.; 1-8—68 to 1-7-69; 10 learners (chil trousers). issued under the supplemental industry dren’s clothing). Waldon Manufacturing Co., Walnut, Miss.- regulations cited in the captions below Livingston Shirt Corp., Livingston, Tenn.; 12-9-67 to 12-8-68 (men’s and boys’ outer are as established in those regulations; 12-17-67 to 12-16-68 (men’s shirts and wear jackets and walk shorts). such conditions in certificates not issued pajam as). The Warner Bros. Co., Marianna, Fla.; under the supplemental industry regula Loretto Manufacturing Co., Selmer, Tenn.; 12-28-67 to 12-27-68 (corsets and brassieres). tions are as indicated. 12-11-67 to 12-10-68 (men’s and boys’ outer The Warner Bros. Co., Moultrie, Ga.; I-5I Apparel Industry Learner Regulations wear jackets). 68 to 1-4-69 (corsets and brassieres). (29 CPR 522.1 to 522.9, as amended and The Loudoun Manufacturing Co., d.b.a. Whiteville Manufacturing Co., Whiteville, Emmitsburg Manufacturing co., Emmitsburg, N.C.; 12—1—67 to 11—30—68 (children’s 29 CFR 522.20 to 522.25, as amended). Md.; 1-3-68 to 1-2-69; 10 learners (men’s dungarees). The following normal labor turnover trousers). Wyoming Valley Garment Co., Wilkes- certificates authorize 10 percent of the Mammoth Cave Garment Co., Cave City, Barre, Pa.; 12-18-67 to 12-17-68 (men’s and total number of factory production Ky.; 12-11-67 to 12-10-68 (men’s and boys’ boys’ trousers). workers except as otherwise indicated. dungarees). The Manhattan Shirt Co., Charleston, S.C.; The following plant expansion certifi Allee Berry, Inc., Columbus, Kans.; 12-8-67 1-11-68 to 1-10-69 (ladies’ lingerie). cates were issued authorizing the number to 12-7-68; 10 learners (men’s and boys’ Manufacturers’ Sportswear Inc., Scranton, of learners indicated. dress pants). Pa.; 1-6-68 to 1-5—69 (boys’ trousers). Anthracite Shirt Co., Shamokin, Pa.; 12- The Arrow Co., Albertville, Ala.; 12-15-67 Marcus Manufacturing Co., Inc., Nowata, to 6-14-68; 40 learners (men’s dress shirts), 1-67 to 11-30-68 (men’s and boys’ dress Okla.; 12-22-67 .to 12-21-68; 10 learners shirts). The H. D. Lee Co., Inc., Guntersville, Ala.; (men’s slacks). 11- 27-67 to 5-26-68; 50 learners (boys’ B. Bennett Co., Inc., New Orleans, La.; Martin Manufacturing Co., Inc., Ramer, 12-27-67 to 12-26-68 (work pants and work pants). Tenn.; 12-1-67 to 11-30—68 (men’s shirts). Panola Inc. of BatesviUe, Batesville, Miss.; shirts). Mayflower Manufacturing Co., Inc., Scran Bernice Manufacturing Co., Bernice, La.; 12- 6-67 to 6-5-68; 10 learners (women’s ton, Pa.; 12—12—67 to 12—11—68 (boys’ trou foundation garments). 12-1-67 to 11-30-68 (ladies’ girdles). sers) . Bestform Foundations of Windber, Inc., McAdoo Manufacturing Co., Inc., McAdoo, Glove Industry Learner Regulations Windber, Pa.; 12-9-67 to 12-8-68 (brassieres Pa.; and Frangió, Inc., Hazleton, Pa.; 12-6-67 (29 CFR 522.1 to 522.9, as amended and and girdles). to 12-5—68 (children’s polo shirts). 29 CFR 522.60 to 522.65, as amended). Blain Products, Inc., Blain, Pa.; 12-9-67 to Meyers & Son Manufacturing Co., Inc., New D, N. Pariso Industrial Glove Manufactur 12-8-68; 5 learners (ladies’ dresses and pa Castle, Ky.; 12-1-67 to 11-30-68; 10 learn ing Co., Knox, Ind.; 12-15-67 to 12-14-68; jamas) . ers (men’s work clothes). 10 learners for normal labor turnover pur Blue Bell, Inc., Luray, Va.; 12-13-67 to Monroe Manufacturing Co., Gamaliel, Ky.; poses (work gloves).' 12-12-68 (men’s and boys’ dungarees). 12-8-67 to 12-7-68 (men’s and boys’ slacks). Indianapolis Glove Co., Inc., Houlka, Miss.; Blue Bell, Inc., Elkton, Va.; 12-13-67 to New Carolina Industries, Inc., Weldon, 12-22-67 to 6-21-68; 20 learners for plant ex 12-12-68; 10 learners (men’s and boys’ dun N.C.; 12-26-67 to 12-25-68 (ladies’ and chil pansion purposes (work gloves). garees) . dren’s sleepwear). Bonnie Sue Manufacturing Co., Inc., Ayden, Pawnee Pants Manufacturing Co., Inc.. Hosiery Industry Learner Regulations N.C.; 12-4-67 to 12-3-68; 10 learners (girls’ Olyphant, Pa.; 12-30-67 to 12-29-68 (men’s (29 CFR 522.1 to 522.9, as amended and outerwear jackets). and boys’ trousers). 29 CFR 522.40 to 522.43, as amended). Brook Manufacturing Co., Inc., Old Forge, Phillips-Van Heusen Corp., Section, Ala.; Pa.; 12-28-67 to 12-27-68 (men’s trousers). 12-1-67 to 11-30-68 (men’s and boys’ shirts). Danville Industries, Inc., Danville, Va.; Byrds Manufacturing Corp., Byrdstown, Pittston Apparel Co., Pittston, Pa.; 12- 12-26-67 to 12-25-68; 5 percent of the total Tenn.; 11-29-67 to 11-28-68 (men’s, boys’, 8-67 to 12-7-68 (girdles and brassieres). number of factory production workers for and ladies’ shirts). Publix Tenn Corp., Huntingdon, Tenn.; normal labor turnover purposes (boys’ seam Corbin, Ltd., Huntington, W . Va.; 12-30-67 I - 6—68 to 1—5—69 (men’s and boys’ sport less hosiery). to 12-29-68 (men’s trousers and ladies’ shirts). C. D. Jessup & Co., Claremont, N.C.; 12—27— slacks). Punxy Sportswear Co., Inc., Punxsutawney, 67 to 12-26-68; 5 learners for normal labor Corman and Wasserman, Inc., Baltimore, Pa.; 12-22-67 to 12-21-68 (ladies’ slacks). turnover purposes (seamless). Md.; 12-28-67 to 12-27-68 (men’s trousers), Richfield Manufacturing Co., Richfield, Roane Hosiery, Inc., Harrisman, Tenn.; Crystal Springs Shirt Corp., Crystal Pa.; 12-28-67 to 12-27-68 (men’s and boys’ 1_3_68 to 1-2-69; 5 percent of the total num Springs, Miss.; 12-1-67 to 11-30-68 (boys’ dress shirts). ber of factory production workers for normal shirts). Salant & Salant, Inc., Trumann, Ark.; 12- labor turnover purposes (seamless). East Salem Manufacturing Co., Mifflin- 8-67 to 12-7—68 (men’s and boys’ pants). town, Pa.; 12-28-67 to 12-27-68 (men’s and Salant & Salant, Inc.. Henderson, Tenn.; Knitted Wear Industry Learner Reg boys’ shirts, ladies’ blouses and dresses). 12-13-67 to 12-12-68 (men’s shirts). ulations (29 CFR 522.1 to 522.9, as Edric Manufacturing Corp., Columbia, The Salisbury Co., Salisbury, Mo.; 12-21-67 amended and 29 CFR 522.30 to 522.35, as Tenn.; 12-30-67 to 12-29-68 (men’s sport to 12-20-68 (single pants). amended). shirts). Samsons Manufacturing Corp., Washing Casa Grande Mills, Division of the Pa£ Frisco Sportswear Co., Inc., Frisco City, ton, N.C.; 12-17-67 to 12-16-68 (men’s shirts). Ala.; 12-4-67 to 12-3-68 (ladies’ woven sons & Baker Co., Casa Grande, Ariz.; 12-"" ScOtt Co., Inc., Anderson, S.C.; 11-26-67 67 to 12-1-68; 5 percent of the total number slacks). to 11—25—68 (men’s dress shirts). of factory production workers for normal Franklin Ferguson Co., Inc., Florala, Ala.; Shane Manufacturing Co., Inc., Evansville, labor turnover purposes (infants’ cotton km 12-19-67 to 12-18-68 (men’s and boys’ cotton Ind.; 12-9-67 to 12-8-68 (children’s outer underwear, men’s and boys’ briefs). shirts). wear) . Garan, Inc., Starkville, Miss.; 1-3-68 to Henry I. Siegel Co., Inc., Trezevant, Tenn.; Regulations Applicable to the Employ 1-2-69 (men’s and boys’ knit shirts). 12-26-67 to 12-25—68 (men’s and boys’ ment of Learners (29 CFR 522.1 to 522.». Gattman Sportswear, Inc., Gattman, Miss.; pants). 12-8-67 to 12-7-68 (men’s dress slacks). Southern Manufacturing Co., Nashville, as amended). Glen of Michigan Division, Glen Manu Tenn.; 1-1-68 to 12-31-68 (men’s and boys’ The following learner certificates were facturing, Inc., Manistee, Mich.; 12-6-67 to sport shirts). issued in Puerto Rico to the companies 12-5-68 (women’s dresses and blouses). Spring Hope Garment Co., Inc., Spring hereinafter named. The effective and ex- Hicks Ponder Co., Del Rio, Tex.; 1-13-68 Hope, N.C.; 11—27—67 to 11-26-68; 10 learners piration dates, learner rates, occupation , to 1-12-69 (men’s and boys’ work clothes). (children’s dresses). learning periods, and the number Edward Hyman Co., Hazlehurst, Miss.; States Nitewear Manufacturing Co., Inc., learners authorized t6 be employed, 12-20-67 to 12-19-68 (men’s work pants, New Bedford, Mass.; 12-1-67 to 11-30-68 work shirts, and coveralls). (women’s woven nightwear). indicated. Industrial Garment Manufacturing Oo., W. E. Stephens! Manufacturing Co,, Inc., Maria Mills, Inc., Las Marias, Pit.; 12^ Erwin, Tenn.; 12-12-67 to 12-11-68 (work Pulaski, Tenn.; 1-2-68 to 1-1-69 (men’s and to 12-7-68; 19 learners for normal laborj" * clothes). boys’ work pants and sport pants). over purposes in the occupation of Junction City Manufacturing Corp., Junc Susan Garment, Inc., Fredericksburg, Pa.; machine operating, for a learning P® tion City, La.; 12-1-67 to 11-30-68 (ladies’ I I - 30-67 to 11-29-68; 5 learners (ladies’ 320 hours at the rate of 89 cents an foundation garments and bras). blouses and dresses). (men’s and boys’ Jeans). FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2407 Playtex Barceloneta, P.R.; 11-14-67 to lations stated in tariff schedules desig Conn., thence over U.S. Highway 6 to 5- 13- 68; 57 learners for plant expansion pur nated therein; Brewster, N.Y., thence over unnumbered poses in the occupation of sewing machine [ seal] H . N eil G arson, highway (formerly portion New York operating, for a learning period of 320 hours Highway 22) to junction New York High at the rate of $1.03 an hour (brassiere). Secretary. Rico Glove, a division of Fownes Bros. & Co., way 22, thence over New York Highway [F.R. Doc. 68-1161; Filed, Jan. 30, 1968; 22 to New York, N.Y., thence over U.S. Cayey, P.R.; 11-28-67 to 11-27-68; 6 learners 8:47 a.m.] for normal labor turnover purposes in the Highway 1 via Newark and New Bruns occupation of machine stitching, for a learn wick, N.J., to Philadelphia, Pa.; and ing period of 480 hours at the rates of 90 [Notice 483] (2) From Williamstown, Mass., over cents an hour for the first 240 hours and $1.03 Massachusetts Highway 2 to North an hour for the remaining 240 hours (fabric MOTOR CARRIER ALTERNATE ROUTE Adams, Mass., thence over Massachusetts gloves). DEVIATION NOTICES Rio Grande Manufacturing Corp., Rio Highway 8 to Coltsville, Mass., thence Grande, P.R.; 11-17-67 to 11-16-68; 11 Januar y 26, 1968. over Massachusetts Highway 9 to Pitts learners for normal labor turnover purposes The following letter-notices of pro field, Mass., thence over U.S. Highway 20 in the occupation of sewing machine oper posals to operate over deviation routes to West Pittsfield, Mass., thence over ating, final pressing; each for a learning for operating convenience only have Massachusetts Highway 41 to Great Bar period of 320 hours at the rate of 84 cents been filed with the Interstate Commerce rington, Mass., thence over Massachu an hour (men’s cotton shorts). setts Highway 23 to South Egremont, Isabela Segunda Corp., Vieques, P.R.; Commission, under the Commission’s De viation Rules Revised, 1957 (49 CFR Mass., thence over Massachusetts High 11-21-67 to 11-20-68; 8 learners for normal way 41 to the Massachusetts-Connecticut labor turnover purposes in the occupation of 211.1(c)(8)) and notice thereof to all sewing machine operating, for a learning interested^persons is hereby given as pro State line, thence over Connecticut period of 320 hours at the rate of 84 cents an vided in such rules (49 CPR 211.1(d) Highway 41 to Salisbury, Conn., thence hour (men’s and boys’ shorts). (4 )). over U.S. Highway 44 to Millerton, N.Y., Protests against the use of any pro thence over New York Highway 22 to Each learner certificate has been is junction unnumbered highway (for sued upon the representations of the posed deviation route herein described may be filed with the Interstate Com merly portion New York Highway 22), employer which, among other things, thence over unnumbered highway via were that employment of learners at spe merce Commission in the manner and form provided in such rules (49 CFR Wassaic, N.Y., to junction New York cial minimum is necessary in order to Highway 22, thence over New York prevent curtailment of opportunities for 211.1(e)) at any time, but will not oper ate to stay commencement of the pro Highway 22 to junction U.S. Highway 6 employment, and that experienced work (formerly portion New York Highway ers for the learner occupations are not posed operations unless filed within 30 days from the date of publication. 22), thence over U.S. Highway 6 to available. Any person aggrieved by the Brewster, N.Y., thence over unnumbered issuance of any of these certificates may Successively filed letter-notices of the same carrier under the Commission’s De highway (formerly portion New York seek a review or reconsideration thereof Highway 22) to junction New York High within 15 days after publication of this viation Rules Revised, 1957, will be num bered consecutively for convenience in way 22, thence over New York 22 to junc notice in the F ederal R egister pursuant tion unnumbered highway, thence over to the provisions of 29 CPR 522.9. The identification and protests if any should refer to such letter-notices by number. unnumbered highway to Katonah, N.Y., certificates may be annulled or with thence over New York Highway 117 to drawn, as indicated therein, in the man M otor C arriers of P roperty Mount Kisco, N.Y., thence over New York ner provided in 29 CPR, Part 528. No. MC 4963 (Deviation No. 22), Highway 128 to Armonk, N.Y., thence Signed at Washington, D.C., this 19th JONES MOTOR CO., INC., Bridge Street over New York Highway 22 to New York, day of January 1968. n d Schuylkill Road, Spring City, Pa. N.Y., thence to Philadelphia, Pa., as 19475, filed January 19,1968. Carrier pro specified in (1) above, and return over R obert G . G r onew ald, the same routes. Authorized Representative poses to operate as a common carrier, t ;r of the Administrator. motor vehicle, of general commodities, No. MC 10761 (Deviation No. 46), with certain exceptions, over a deviation TRANSAMERICAN FREIGHT LINES, [F.R. Doc. 68-1179; Filed, Jan. 30, 1968; route as follows: From East*Lee, Mass., INC., 1700 North Waterman Avenue, De 8:48 a.m.] over Interstate Highway 90 to junction troit, Mich. 48209, filed January 16, 1968. Interstate Highway 91, thence over In Carrier proposes to operate as a common terstate Highway 91 to junction Inter carrier, by motor vehicle, of general state Highway 95, thence over Interstate commodities, with certain exceptions, INTERSTATE COMMERCE Highway 95 to Mount Vernon, N.Y., and over a deviation route as follows: Be return over the same route, for operating tween Oklahoma City, Okla., and Tulsa, COMMISSION convenience only. The notice indicates Okla., over Interstate Highway 44, for [No. 34875] that the carrier is presently authorized operating convenience only. The notice pacific in la n d t e r r it o r y to transport the same commodities, over indicates that the carrier is presently au pertinent service routes as follows: (1) thorized to transport the same commodi Increased Rates and Charges From Williamstown, Mass., over U.S. ties, over a pertinent service route as follows: Between Oklahoma City, Okla., Jan uar y 25,1968. Highway 7 to junction unnumbered high way (formerly portion U.S. Highway 7), and Tulsa, Okla., over U.S. Highway 66. ^ error in. the last sentence north of Lenox, Mass., thence over un No. MC 57239 (Sub-No. 7) (Deviation aPPearing paragraph in the numbered highway to Lenox, Mass., No. 1), RENNER’S EXPRESS, INC., 1350 arv oe'foi'otied Proceeding dated Janu- thence over Massachusetts Highway 7-A South West Street, Post Office Box 613, hnwi^rf8, s ^ e d January 24, 1968, and (formerly portion U.S. Highway 7), to Indianapolis, Ind. 46206, filed January 12, 26 i on page 1037 of the January junction U.S. Highway 7, thence over 1968. Carrier proposes to operate as a thé the F ederal R egister, U.S. Highway 7 to junction Massachu common carrier, by motor vehicle, of ds and suspended the operation setts Highway 7-A (formerly portion U.S. general commodities, with certain excep said schedules” should be deleted, Highway 7) thence over Massachusetts tions, over deviation routes as follows: ord 6 flrSt appearing Paragraph o f said Highway 7-A to the Massachusetts- (1) From Louisville, Ky., over Interstate follow >aS corrected’ should read as Connecticut State line, thence over un Highway 65 to junction U.S. Highway 31 numbered highway (formerly portion at or near Taylorsville, Ind., (2) from U.S. Highway 7) to junction U.S. High junction Interstate Highway 69 and In ° rder dated way 7 at or near Canaan, Conn., thence diana Highway 67 near Pendleton, Ind., Dividi n the Commission, over U.S. Highway 7 to junction unnum over Interstate Highway 69 to junction entered* i 85 an appellate division, bered highway (formerly portion U.S. Interstate Highway 94 at or near Mar thP iQ t investigations concerning Highway 7) near Danbury, Conn., thence shall, Mich., and (3) from Coldwater, w niness of the charges and regu over unnumbered highway to Danbury, Mich., over Interstate Highway 69 to FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2408 NOTICES junction Interstate Highway 94 at or near Washington Highway 172, thence over to junction Washington Highway 17, Marshall, Mich., thence over Interstate Washington Highway 172 via Mansfield, thence over Washington Highway 17 to Highway 94 to Jackson, Mich., and return Wash., to junction unnumbered highway, Brewster, Wash., thence over U.S. High over the same routes, for operating con thence over unnumbered highway to way 97 to Omak, Wash.), thence over venience only. The notice indicates that junction Washington Highway 17, thence U.S. Highway 97 to Oroville, Wash., (2) the carrier is presently authorized to over Washington Highway 17 to Brew from Oroville, Wash., over U.S. High transport the same commodities over per ster, Wash., thence over U.S. Highway 97 way 97 to the United States-Canada tinent service routes as follows: (1) Prom to Omak, W ash.), thence over U.S. High boundary line, (3) from Wenatchee, Louisville, Ky., over U.S. Highway 31-E way 97 to Oroville, Wash., (2) from Oro- Wash., over U.S. Highway 2 to junction to Sellersburg, Ind., thence over U.S. ville, Wash., over U.S. Highway 97 to the U.S. Highway 97, thence over U.S. High Highway 31 to junction U.S. Highway United States-Canada boundary line. way 97 to Brewster, Wash., (4) from 50, thence over U.S. Highway 50 to Sey (3) From Wenatchee, Wash., overBrewster, Wash., over Washington High mour, Ind., thence over Alternate U.S. U.S. Highway 2 to junction U.S. Highway way 173 to junction Washington High Highway 31 to junction U.S. Highway 31, 97, thence over U.S. Highway 97 to way 17, thence over Washington High thence over U.S. Highway 31 to Franklin, Brewster, Wash., (4) from Brewster, way 17 to junction Washington Highway Ind., thence over Indiana Highway 144 to Wash., over Washington Highway 173 to 174, thence over Washington Highway Bargersville, Ind., thence over Indiana junction Washington Highway 17, thence 174 to Grand Coulee, Wash., (5) from Highway 135 to Indianapolis, Ind., (2) over Washington Highway 17 to junction Tonasket, Wash., over Washington from Indianapolis, Ind., over Indiana Washington Highway 174, thence over Highway 30 to Republic, Wash., (6) from Highway 67 to junction U.S. Highway 36, Washington Highway 174 to Grand Grand Coulee, Wash., over Washington thence over U.S. Highway 36 to Emporia, Coulee, Wash., (5) from Tonasket, Highway 155 to Coulee City, Wash., (7) Ind., thence over unnumbered county Wash., over Washington Highway 30 to from Coulee City, Wash., over U.S. High roads via Markleville, Mechaniesburg, Republic, Wash., (6) from Grand Coulee, way 2 to junction Washington Highway Middletown, and Cross Roads, Ind., to Wash., over Washington Highway 155 17, thence over Washington Highway Muncie, Ind., and (3) from Fort Wayne, to Coulee City, Wash., (7) from Coulee 17 to junction Washington Highway 28, Ind., over Indiana Highway 1 jto junction City, Wash., oVer U.S. Highway 2 to thence over Washington Highway 28 via Indiana Highway 18, thence over Indiana junction Washington Highway 17, thence Quincy, Wash., to Wenatchee, Wash., Highway 18 to junction Indiana High over Washington Highway 17 to junc (8) from Spokane, Wash., over U.S. way 3, thence over Indiana Highway 3 to tion Washington Highway 28 thence over Highway 2 to junction U.S. Highway 97, Muncie, Ind., (4) from Fort Wayne, Ind., Washington Highway 28 via Quincy, thence over U.S. Highway 97 to Tean over U.S. Highway 27 to Auburn, Ind. Wash., to Wenatchee, Wash., (8) from away, Wash., thence over U.S. Highway (also over Indiana Highway 427), (5) Spokane, Wash., over U.S. Highway 2 to 10 to Seattle, Wash., (9) from Quincy, from Auburn, Ind., over U.S. Highway 27 junction U.S. Highway 97, thence over Wash., over Washington Highway 28 to to Angola, Ind., (6) from Angola, Ind., U.S. Highway 97 to Teanaway, Wash., junction Washington Highway 283, over U.S. Highway 27 to Coldwater, thence over U.S. Highway 10 to Seattle, thence over Washington Highway 283 to Mich., (7) from Coldwater, Mich., over Wash., (9) from Quincy, Wash., over junction U.S. Highway 10, thence over U.S. Highway 27 to Marshall, Mich., and Washington Highway 28 to junction U.S. Highway 10 to Ellensburg, Wash., (8) from Coldwater, Mich., over U.S. Washington Highway 283, thence over (10) from Prosser, Wash., over U.S. Highway 12 to Somerset, Mich., thence Washington Highway 283 to junction Highway 410 to Yakima, Wash., thence over unnumbered highway (formerly U.S. Highway 10, thence over U.S. High over U.S. Highway 97 to Ellensburg, portion U.S. Highway 127) to Jackson, way 10 to Ellensburg, Wash., (10) from Wash., thence over U.S. Highway 10 to Mich., thence over U.S. Highway 127 to Prosser, Wash., over U.S. Highway 410 Teanaway, Wash., and (11) from Yak Lansing, Mich., and return over the same to Yakima, Wash., thence over U.S. ima, Wash., over U.S. Highway 97 to routes. Highway 97 to Ellensburg, Wash., thence Maryhill, Wash., thence over U.S. High No. MC 107353 (Deviation No. 5), HEL- over U.S. Highway 10 to Teanaway, way 830 to Vancouver, Wash., thence PHREY MOTOR FREIGHT, INC., 3417 Wash., and (11) from Yakima, Wash., over U.S. Highway 99 to Portland, Oreg., East Springfield, Spokane, Wash. 99202, over U.S. Highway 97 to Maryhill, Wash., and return over the same routes. filed January 15, 1968. Carrier proposes thence over U.S. Highway 830 to Van No. MC 107353 (Deviation No. 7), to operate as a common carrier, by motor couver, Wash., thence over U.S. High HELPHREY MOTOR FREIGHT, INC., vehicle, of general commodities, with cer way 99 to Portland, Oreg., and return 3417 East Springfield, Spokane, Wash. tain exceptions, over a deviation route as over the same routes. 99202, filed January 15, 1968. Carrier follows: From Yakima, Wash., over No. MC 107353 (Deviation No. 6), proposes to operate as a common carrier, Washington Highway 24 via Moxee City HELPHREY MOTOR FREIGHT, INC., by motor vehicle, of general commodities, and Vemita, Wash., to junction Wash 3417 East Springfield, Spokane, Wash. with certain exceptions, over a deviation ington Highway 17, thence over Wash 99202, filed January 15, 1968. Carrier route as follows: From junction Wash ington Highway 17 to junction Washing proposes to operate as a common carrier, ington Highway 283 and U.S. Highway ton Highway 26, thence easterly over by motor vehicle, of general commodities, 10 (Burke Junction, Wash.), near Burke, Washington Highway 26 to junction U.S. with certain exceptions, over a deviation Wash., over U.S. Highway 10 and Inter Highway 395, thence over U.S. Highway route as follows: Between Soap Lake, state Highway 90 to Spokane, Wash., an“ 395 to junction Interstate Highway 90 Wash., and Davenport, Wash., over return over the same route, for operating near Ritzville, Wash., thence over Inter Washington Highway 28, for operating convenience only. The notice indicates state Highway 90 and combined U.S. convenience only. The notice indicates that the carrier is presently authorizea Highways 10-395 to Spokane, Wash., and that the carrier is presently authorized to transport the same commodities, over return over the same route, for operating to transport the same commodities, over pertinent service routes as follows: (p convenience only. The notice indicates pertinent service routes as follows: (1) From Spokane, Wash., over U.S. Highway that the carrier is presently authorized From Spokane, Wash., over U.S. High 2 to Wilbur, Wash., thence over Wash to transport the same commodities, over way 2 to Wilbur, Wash., thence over ington Highway 21 to j miction Washing pertinent service routes as follows: (1) Washington Highway 21 to junction ton Highway 174, thence over Washing From Spokane, Wash., over U.S. High Washington Highway 174, thence over ton Highway 174 to Coulee Dam, Wasn, way 2 to Wilbur, Wash., thence over Washington Highway 174 to Coulee Dam, thence over Washington Highway 1 Washington Highway 21 to junction Wash., thence over Washington High to Omak, Wash, (also from Wilbur ov Washington Highway 174, thence over way 155 to Omak, Wash, (also from U.S. Highway 2 to junction Washington Washington Highway 174 to Coulee Dam, Wilbur over U.S. Highway 2 to junction 17, thence over Washington Highway Wash., thence over Washington High Washington Highway 17, thence over to junction Washington Highway 1 • Washington Highway 17 to junction way 155 to Omak, Wash, (also from Wil thence over Washington Highway Washington Highway 172, thence over bur over U.S. Highway 2 to junction Washington Highway 172 via Mansfield, via Mansfield, Wash., to junction uji Washington Highway 17, thence over Wash., to junction unnumbered high numbered highway, thence over unnuin Washington Highway 17 to junction way, thence over unnumbered highway bered highway to junction Washing«) FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2409 Highway IT, thence over Washington Alternate U.S. Highway 66, thence over only. The notice indicates that the car Highway 17 to Brewster, Wash., thence Alternate U.S. Highway 66 to Joliet, 111., rier is presently authorized to transport over U.S. Highway 97 to Omak, Wash.), thence over U.S. Highway 6 via Peru, HI., passengers and the same property over a thence over U.S. Highway 97 to Oroville, to Briarbluff, HI., thence over unnum pertinent service route as follows: From Wash., (2) from Oroville, Wash., over bered highway via Colona and Carbon Salt Lake City, Utah, over U.S. Highway Ü.S. Highway 97 to the United States- Cliff, HI., to Silvis, HI., thence over Hlinois 91 to junction Interstate Highway 15 Canada boundary line, (3) from We Highway 92 to Moline, HI., thence over (Dog Valley Junction), thence over In natchee, Wash., over U.S. Highway 2 to U.S. Highway 6 to Davenport, Iowa, and terstate Highway 15 to junction unnum junction U.S. Highway 97, thence over (3) from Chicago, HI., over U.S. Highway bered highway (North Cove Fort Junc U.S. Highway 97 to Brewster, Wash. 66 to junction Hlinois Highway 53, thence tion) , thence over unnumbered highway (4) Prom Brewster, Wash., overover Hlinois Highway 53 to junction to junction Interstate Highway 15 (Pine Washington Highway 173 to junction Alternate U.S. Highway 66, thence over Creek Summit Junction), thence over Washington Highway 17, thence over Alternate U.S. Highway 66 to Joliet, Til,, Interstate Highway 15 to junction un Washington Highway 17 to junction thence over U.S. Highway 52 to junction numbered highway (Wildcat Junction), Washington Highway 174, thence over U.S. Highway 51, thence over U.S. High thence oyer unnumbered highway to Washington Highway 174 to Grand way 51 to Peru, HI., thence over U.S. junction U.S. Highway 91 (North Beaver Coulee, Wash., (5) from Tonasket, Wash., Highway 6 to Briarbluff, HI., thence over Junction), thence over U.S. Highway 91 over Washington Highway 30 to Re unnumbered highway via Colona and to Cedar City, thence over unnumbered public, Wash., (6) from Grand Coulee, Carbon Cliff, HI., to Silvis, HI., thence highway to junction Interstate Highway Wash., over Washington Highway 155 over Hlinois Highway 92 to Moline, HI., 15 (South Kanarraville Junction), to Coulee City, Wash., (7) from Coulee thence over U.S. Highway 6 to Daven thence over Interstate Highway 15 to City, Wash., over U.S. Highway 2 to port, Iowa, and return over the same junction unnumbered highway (Ander junction Washington Highway 17, thence routes. son Junction), thence over unnumbered over Washington Highway 17 to junction M otor C arriers of P assengers highway to junction U.S. Highway 91 Washington Highway 28, thence over (East St. George Junction), thence over Washington Highway 28 via Quincy, No. MC 1515 (Deviation No. 424) U.S. Highway 91 to the Utah-Arizona Wash., to Wenatchee, Wash., (8) from (cancels Deviation No. 356) GREY State line. (Connects with Arizona Spokane, Wash., over U.S. Highway 2 HOUND LINES, INC. (Western Divi Route 17.) to junction U.S. Highway 97, thence over sion) , Market and Fremont Streets, San No. MC 1515 (Deviation No. 425) U.S. Highway 97 to Teanaway, Wash., Francisco, Calif. 94106, filed January 17, (cancels Deviation No. 352) GREY thence over U.S. Highway 10 to Seattle, 1968. Carrier’s representative: W. T. HOUND LINES, INC. (Southern Di Wash., (9) from Quincy, Wash., over Meinhold, 371 Market Street, San Fran vision) 219 East Short Street, Lexing Washington Highway 28 to junction cisco, Calif. 94105. Carrier proposes to ton, Ky. 40507, filed January 18, 1968. Washington Highway 283, thence over operate as a common carrier, by motor Carrier proposes to operate as a common Washington Highway 283 to junction vehicle, of passengers and their baggage, carrier, by motor vehicle, of passengers U.S. Highway 10, thence over U.S. High and express and newspapers, in the same and their baggage, and express and way 10 to Ellensburg, Wash., (10) from vehicle with passengers, over deviation newspapers in the same vehicle with pas Prosser, Wash., over U.S. Highway 410 routes as. follows: (1) From Salt Lake sengers, over deviation routes as follows: to Yakima, Wash., thence over U.S. High City, Utah, over Interstate Highway 15 (1) From junction Interstates Highways way 97 to Ellensburg, Wash., thence over to junction U.S. Highway 91 (Draper 85 and 285, south of Atlanta, Ga., over U.S. Highway 10 to Teanaway, Wash., Junction), (2) from Salt Lake City, Utah, Interstate Highway 85 to junction un and (11) from Yakima, Wash., over U.S. over Interstate Highway 15 to Murray, numbered county road (Palmetto Inter Highway 97 to Maryhill, - Wash., thence Utah, (3) from junction U.S. Highway change) , thence over unnumbered over U.S. Highway 830 to Vancouver, 91 and Interstate Highway 15 (North county road to Palmetto, Ga., and (2) Wash., thence over U.S. Highway 99 to Lehi Junction), over Interstate Highway from Montgomery, Ala., over Interstate Portland, Oreg., and return over the 15 to junction U.S. Highway 91 (South Highway 85 to junction U.S. Highway 29 same routes. Santaquin Junction), (4) from junction at West Point, Ga., with the following No. MC 109538 (Deviation No. 5 U.S. Highway 91 and Interstate Highway access roads (a) from junction Inter CHIPPEWA MOTOR FREIGHT, INC 15 (North Lehi Junction), over Inter state Highway 85 and Alabama Highway state Highway 15 to Provo, Utah, (5) ° ? ce Box 269> Eau Claire, Wi 126 over Alabama Highway 126 to .J*'01' filed January 15, 1968. Oarrii from Provo, Utah, over Interstate High Tuskegee, Ala., and (b) from junction P oposes to operate as a common carrie way 15 and access highway to Spring- Interstate Highway 85 and Alabama ^hicle, of general commoditie ville, Utah, (6) from Springville, Utah, Highway 81 over Alabama Highway 81 to cer^ n exceptions, over a deviatio over access highway and Interstate High Tuskegee, Ala., and return over the same route as follows: From Chicago, 111., ovt way 15 to junction U.S. Highway 91 routes, for operating convenience only. J ^ ^ a te Highway 55 to junction Intel (South Santaquin Junction), (7) from The notice indicates that the carrier is trj(:rVi n^hway 80, thence over Interstal Provo, Utah, over Interstate Highway 15 presently authorized to transport pas to junction U.S. Highway 91 (South San w S X yi° 1)0 jujlction Interstate Higt sengers and the same property over a Don r .’ thence over Interstate Highwa taquin Junction), (8) from junction un pertinent service route as follows: From numbered highway and Interstate High o v e r n ^ T U-S- Highway 6, them Atlanta, Ga., over U.S. Highway 29 via and ■«£*' Highway 6 to Davenport, low: way 15 (North Cover Fort Junction) over Moreland and LaGrange, Ga., and SJSS™ °™- the same route, fc Interstate Highway 15 to junction un Opelika, Ala., to Tuskegee, Ala., thence i n £ £ f .^venience only. The notic numbered highway (Pine Creek Summit over U.S. Highway 80 to Montgomery, Junction, Utah), (9) from junction un authnriv!J'1iat4.tlle carrier is. present] Ala., and return over the same route. modified transport the same com numbered highway and Interstate High No. MC 109780 (Deviation No. 21), way 15 (Wildcat Junction, Utah,), over TRANSCONTINENTAL BUS SYSTEM, follow«!• n T ^ ^ e n t service routes a Interstate Highway 15 to junction un Highwav ^ ^ ” ? Chicago, HI., over U.i INC., 1501 South Central Avenue, Los numbered highway (North Beaver Junc Angeles, Calif. 90021, filed January 12, wS 65 t0 JUnction Illinois High tion, Utah). toIiorahTU f^Ver niinois Highway 6 1968. Carrier proposes to operate as a way 3i tv,’ S i thence over Illinois High (10) From Cedar City, Utah, over In common carrier, by motor vehicle, of terstate Highway 15 to junction unnum Sw s??®!®0’ over D.f passengers and their baggage, and ex i C “ .10 junction Illinois Highwa bered highway (South Kanarraville press and newspapers in the same vehi Junction, Utah), and (11) from junction Silvis ill6 Highway 92 vi cle with passengers, over deviation routes U.S ¿"itrWn to Moline, HI., thence ove Interstate Highway 15 and Utah High as follows: (1) From junction Interstate way 15 (Anderson Junction, Utah), over Highway 10 and U.S. Highway 60 west Interstate Highway 15 to junction un ¿66 to c S S ’ 6m m - DaienWrt' over U.S. Iowa'Highwa <2 of Beaumont, Calif., over Interstate numbered highway (East St. George Highway 10 to junction U.S. Highway over Dlinois Highway 53, thenc Junction, Utah), and return over the Ulinoia Highway 53 to junetta 60 east of Cabazon, Calif., (2) from In same routes, for operating convenience dio, Calif., over Interstate Highway 10 FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2410 NOTICES to Blythe, Calif., and (3) from West tions 5(a) and 210a(b) of the Interstate Buffalo, N.Y., and New York, N.Y., be- Quartzite, Ariz., over Interstate High Commerce Act and certain other pro tween Syracuse, N.Y., and Oswego, N.Y., way 10 to East Quartzite, Ariz., and re ceedings with respect thereto (49 CFR serving all intermediate points; over nu turn over the same routes, for operating 1.240). merous alternate routes for operating convenience only: General commodities, convenience only. The notice indicates MOTOR CARRIERS OF PROPERTY that the carrier is presently authorized excepting, among others, household to transport passengers and the same No. MC-F-10019. Authority sought for goods and commodities in bulk, over nv property, over a pertinent service route purchase by COMMERCIAL CARRIERS, regular routes, between certain specified as follows: Prom Los Angeles, Calif., over INC., 10701 Middlebelt Road, Romulus, points in New Jersey, on the one hand, U.S. Highway 99 to Beaumont, Calif., Mich. 48174, of a portion of the operating and, on the other, Newark, N.J.; frozen thence over U.S. Highway 60 via Aguila, rights and certain property of CONVOY foods, from Brockport,' N.Y., and points Ariz., to Phoenix, Ariz., and return over COMPANY, 3900 Northwest Yeon Ave within 75 miles thereof, to New York, the same route. nue, Portland, Oreg. 97210, and for ac N.Y., certain specified points in Pennsyl quisition by AMERICAN COMMERCIAL vania, and to all points in New Jersey, By the Commission. LINES, INC., 2919 Allen Parkway, Hous Massachusetts, Connecticut, and Rhode [seal] H. Neil G arson, ton, Tex., of control of such rights and Island; Secretary. property through the purchase. Appli- Packinghouse products as described in [P.R. Doc. 68-1162; Piled, Jan. 30, 1968; cants’ attorneys: K. Edward Wolcott, paragraphs A, B, and C, of the appendix 8:47 a.m.] 1701 East Market Street, Jeffersonville, in Ex Parte No. MC-38, Modification of Ind. 47130, and Marvin Handler, 405 Motor Contract Carriers of Packing- Montgomery Street, San Francisco, Calif. Hoicse Products, 46 M.C.C. 23, from the [Notice 1145] 94104. Operating rights sought to be boundary of the United States and Can ada at Buffalo and Niagara Falls, N.Y., MOTOR CARRIER APPLICATIONS AND transferred: Trucks, truck-tractors and truck chassis, and bodies for such ve to New York, N.Y., and points within 50 CERTAIN OTHER PROCEEDINGS hicles, and trailers and semi-trailers miles thereof; fresh fruits, fresh vege January 26, 1968. (only when being transported for de tables, and the commodities described in The following publications are gov livery with a truck or truck-tractor and paragraphs A, B, and C, in the appendix erned by Special Rule 1.247 of the Com restricted against the transportation of to the report in Modification of Per mission’s rules of practice, published in trailers designed to be drawn by pas mits—Packinghouse Products, 48 M.C.C. 628, between the boundary of the United the F ederal R egister issue of April 20, senger automobiles), in secondary move 1966, which became effective May 20, ments, in truckaway service, as a com States and Canada at Alexandria Bay, Buffalo, and Niagara Falls, N.Y., on the 1966, mon carrier, over irregular routes, be tween points in Colorado, Wyoming, one hand, and, on the other, points in The publications hereinafter set forth Connecticut, Delaware, the District of reflect the scope of the applications as Utah, Nevada, Arizona, and New Mexico except that no service shall be provided Columbia, Maryland, Massachusetts, filed by applicant, and may include de New Jersey, New York, Ohio, Pennsyl scriptions, restrictions, or limitations in the transportation of new trucks from points in that part of Colorado on and vania, and Rhode Island, with restric which are not in a form acceptable to the tion; frozen fruits and frozen vegetables, Commission. Authority which ultimately south of U.S. Highway 50 and on and east of U.S. Highway 285 to points in and fresh fruits, fresh vegetables, and may be granted as a result of the appli fresh berries, when moving in the same cations here noticed will not necessarily New Mexico and Arizona, from points in New Mexico and Arizona to points in vehicle with frozen fruits and frozen reflect the phraseology set forth in the vegetables, from points in the New York, application as filed, but also will eliminate Idaho and Washington; between points in California, on the one hand, and, on N.Y., commercial zone, as defined by the any restrictions which are not acceptable Commission, and certain specified points to the Commission. the other, points in Wyoming, Utah, and New Mexico, with restrictions. Vendee is in New York, to ports of entry on the A pplications A ssigned for O ral H earing authorized to operate as a common car United States-Canada boundary line at Alexandria Bay, Buffalo, Ivey Lee, Ni MOTOR CARRIERS OF PROPERTY rier in all points in the United States (except Hawaii). Application has been agara Falls, Ogdensburg, and Roosevel- A pplication for Certificate or Permit filed for temporary authority under sec town, N.Y.; frozen vegetables, and fresh W hich I s T o B e Processed Concur tion 210a(b). fruits, fresh vegetables, and fresh berries, rently W ith A pplication Under S ec No. MC-F-10020. Authority sought for when moving in the same vehicle with tion 5 G overned by S pecial R ule 1.240 merger into BEANEY TRANSPORT, frozen vegetables, from Trappe, Md., and to the Extent A pplicable LIMITED, 5905 Lake Road South, Brock- certain specified points in New Jersey, to ports of entry on the United States-Can* No. MC 33641 (Sub-No. 72) filed Janu port, N.Y. 14420, of the operating rights ada boundary line at Alexandria Bay, ary 18, 1968. Applicant: IML FREIGHT, and property of CHARLES H. BEANEY, doing business as BEANEY TRANS Buffalo, Ivey Lee, Niagara Falls, Ogdens INC., Post Office Box 2277, Salt Lake City, burg, and Rooseveltown, N.Y.; /rose* PORT, 5905 Lake Road South, Brock- Utah 84110. Applicant’s representative: berries, coffee beans, and tea, and fresh Carl L. Steiner,. 39 South La Salle Street, port, N.Y. 14420, and for acquisition by fruits, fresh vegetables, and fresh ber Chicago, HI. 60603. Authority sought to CHARLES H. BEANEY, 37 Erie Street, ries, when moving in the same vehicjfi Brockport, N.Y., of control of such rights operate as a common carrier, by motor with frozen berries, coffee beans, an and property through the transaction. vehicle, over irregular routes, transport tea, from points in the New York, Njn ing: General commodities, between Applicants’ representative: Charles H. commercial zone, as defined by the co ■ points in Illinois within a 50-mile radius Trayford, 137 East 36th Street, New mission, to ports of entry on the Uni of 3833 North Hamilton Avenue, Chicago, York, N.Y. 10016. Operating rights sought States-Canada boundary line at Alex 111. Note: This application is a matter di to be merged : General commodities, ex andria Bay, Buffalo, Ivey Lee, Niagara rectly related to Docket No. MC-F10017, cepting, among others, household goods Falls, Ogdensburg, and Roosevelto > published Federal R egister issue of Jan and commodities in bulk, as a common N.Y.; cocoa beans, and fresh fruits, f uary 24, 1968. If a hearing is deemed carrier, over regular routes, between vegetables, and fresh berries, when_ _ necessary, applicant requests it be held New York, N.Y., and Philadelphia, Pa., ing in the same vehicle with cocoa b < at Chicago, 111. between Newark, N.J., and Philadelphia, from points in the New York, N.Y., Pa., between Trenton, N.J., and Phila A pplications U nder S ections 5 and delphia, Pa., between Newark, N.J., and mercial zone, as defined by 210a(b) mission, and from Philadelphia, r Yardville, N.J., between Philadelphia, ports of entry on the United States- The following applications are gov Pa., and Wilmington, DeL, between Cam ada boundary line at Alexandria > erned by the Interstate Commerce Com den, N.J., and Chester, Pa., between Buffalo, Ivey Lee, Niagara Falls, Og mission’s special rules governing notice Bridgeport, N.J., and Wilmington, Del., burg, and Rooseveltown, N.Y, l " of filing of applications by motor car serving all intermediate and certain off- nanas, and fresh fruits, fresh veg riers of property or passengers under sec route points, with restriction; between and fresh berries, when moving FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2411 same vehicle with bananas, from points not been filed for temporary authority Michigan, North Carolina, Iowa, Wis in the New York, N.Y., commercial zone, under section 210a(b). N ote: See also consin, Minnesota, Maine, New Hamp as defined by the Commission, to Roches MC-F-10014 (LEASEWAY, INC., & shire, Vermont, Nebraska, Kansas, and ter, NY. BEANEY TRANSPORT LIM PEDLER & ASSOCIATES, INC.—CON the District of Columbia. Application has ITED, is authorized to operate as a com TROL—F. J. EGNER & SON, INC., & been filed for temporary authority under mon carrier in New York. Application GLOSSON MOTOR LINES, INC.), pub section 210a(b). N ote: MC-115180 Sub- has not been filed for temporary author lished in the January 24, 1968, issue of 46 concurrently filed. ity under section 210a (b ). the F ederal R egister, on page 871. No. MC-F-10024. Authority sought for No. MC-F-10021. Authority sought for No. MC-F-10022. Authority sought for purchase by INTERSTATE T R U C K (1) LEASEWAY, INC., 3969 Congress purchase by CROUSE CARTAGE COM SERVICE, INC., 605 South First Street, Parkway, West Richfield, Ohio 44286, to PANY, Carroll, Iowa 51401, of a portion Martins Ferry, Ohio 43935, of the op control (A) COASTAL TANK LINES, of the operating rights of BARBER erating rights of SAFEWAY T R U C K INC., 501 Grantley Road, Post Office Box TRANSPORTATION CO., 321 Sixth LINES, INC., 20450 Ireland Road, South 1269, York, Pa. 17405, and (B) PRO Street, Rapid City, S. Dak. 57701, and Bend, Ind. 46613, and for acquisition by DUCERS TRANSPORT, INC., 215 East for acquisition by PAUL CROUSE, also MIDWEST EMERY FREIGHT SYSTEM, Waterloo Road, Akron, Ohio 44319; and of Carroll, Iowa, of control of such rights INC., and, in turn, by MILTON D. (2) for merger into COASTAL TANK through the purchase. Applicants’ attor RATNER, both of 7000 South Pulaski LINES, INC., 501 Grantley Road, Post neys: William S. Rosen, 400 Minnesota Road, Chicago, 111. 60629, of control of Office Box 1269, York, Pa. 17405, of the Building, St. Paul, Minn. 55101, and such rights through the purchase. Ap operating rights and property of PRO Marion F. Jones, 420 Denver Club Build plicants’ attorneys: Axelrod, Goodman & DUCERS TRANSPORT, INC., 215 East ing, Denver, Colo. 80202. Operating rights Steiner, 39 South La Salle Street, Waterloo Road, Akron, Ohio 44319. Ap sought to be transferred: General com Chicago, 111. 60603. Operating rights plicants’ attorneys: Homer S. Carpenter, modities, excepting, among others, sought to be transferred: General com 618 Perpetual Building, 1111 E Street household goods and commodities in modities, with certain specified excep NW., Washington, D.C. 20004, Harold bulk, as a common carrier, over regular tions, and numerous other specified G. Hernley, 711 14th Street NW., Wash routes, between Chicago, 111., and Sioux commodities, as a common carrier, over ington, D.C. 20005, and David Axelrod, 39 City, Iowa, serving the intermediate irregular routes, from, to, and between South La Salle Street, Chicago, HI. 60606. points of Mapleton, Denison, Jefferson, specified points in the States of New Operating rights sought to be (1) con and Clinton, Iowa, restricted to delivery York, Minnesota, Iowa, Maryland, Dela trolled and (2) merged: (A) Petroleum only of traffic moving from Sioux City, ware, Kansas, Nebraska, Mississippi, and petroleum products, in bulk, in tank Iowa; and the off-route point of Rock Maine, Illinois, Ohio, Pennsylvania, In trucks, and numerous other specified Valley, Iowa, unrestricted; and from diana, Connecticut, New Jersey, Massa commodities, as a common carrier, over Chicago, 111., to Sioux City, Iowa, serving chusetts, Rhode Island, Colorado^ Mis irregular routes, from, to, and between no intermediate points. Vendee is author souri, Arkansas, Michigan, Wisconsin, specified points in the States of Mary ized to operate as a common carrier in New Hampshire, Vermont, Virginia, West land, West Virginia, Delaware, Penn Iowa and Nebraska. Application has been Virginia, and the District of Columbia, sylvania, New Jersey, Virginia, Ohio, filed for temporary authority under sec with certain restrictions, as more spe New York, Indiana, Kentucky, Connecti tion 210a(b). N ote: Applicants’ request cifically described in Docket No. MC- cut, Massachusetts, Rhode Island, Michi the removal of the restriction on service 110193 and subnumbers thereunder. gan, North Carolina, Tennessee, Kansas, at Jefferson, Iowa. MC-97699 Sub-24 is This notice does not purport to be a Nebraska, Oklahoma, Iowa, Missouri, presently pending before the Commission complete description of all of the op Alabama, Arkansas, Florida, Georgia, seeking temporary authority to operate erating rights of the carrier involved. Louisiana, Mississippi, South Carolina, at Jefferson, Iowa, unrestricted. The foregoing summary is believed to Texas, Wisconsin, California, Colorado, No. MC-F-10023. Authority sought for be sufficient for purposes of public notice Illinois, Nebraska, New Hampshire, Ver purchase by ONLEY REFRIGERATED regarding the nature and extent of this mont, and the District of Columbia, with TRANSPORTATION, INC., 408 West carrier’s operating rights, without stat certain restrictions, as more specifically 14th Street, New York, N.Y. 10014, of a ing, in full, the entirety, thereof. Vendee described in Docket No. MC-102616 and portion of the operating rights of VAL is authorized to operate as a common subnumbers thereunder; and (B) petro LEY TRANSFER & STORAGE COM 'carrier in Ohio, West Virginia, Pennsyl leum and petroleum products, in bulk, in PANY, INC., Post Office Box 268, Potts- vania, Maryland, Indiana, Kentucky, tank trucks, and numerous other speci ville, Pa. 17901, and for acquisition by New York, Delaware, New Jersey, Mas fied commodities, as a common carrier, SIDNEY GINSBERG, also of New York, sachusetts, Tennessee, Virginia, and the over irregular routes, from, to, and be N.Y., of control of such rights through District of Columbia. Application has tween specified points in all States in the purchase. Applicants’ representative: not been filed for temporary authority me United States (except Alaska and George A. Olsen, 69 Tonnele Avenue, Jer under section 210a(b). Hawaii), with certain restrictions, as sey City, N.J. 07306. Operating rights No. MC-F-10025. Authority sought for more specifically described in Docket No. sought to be transferred: General com purchase by CLAY HYDER TRUCKING MC—103880 Sub-14, and subnumbers modities, excepting, among others, LINES, INC., 502 East Bridgers Avenue, tnereunder. This notice does not pur- household goods and commodities in Auburndale, Fla. 33823, of a portion of a complete description of all bulk, as a common carrier, over irregular the operating rights of COMMERCIAL oi the operating rights of the carriers in- routes, between New York, N.Y., and CARRIER CORPORATION, 502 East T^e foregoing summary is be- Newark, N.J., and points in New Jersey Bridgers Avenue, Auburndale, Fla. 33823, miKv “ ^ sufficient for purposes of within 15 miles of Newark, N.J., on the and for acquisition by GUY BOSTICK, puduc notice regarding the nature and one hand, and, on.the other, points in also of Auburndale, Fla., of control of extent; of these carriers’ operating rights, Lehigh and Northampton Counties, Pa.; such rights through the purchase. Appli th ° i stating, in full, the entirety, and foodstuffs (except commodities in cants’ attorney: M. Craig Massey, 223 5 ^f. LEASBWAY, INC., hold no au- bulk, in tank vehicles), between Allen South Florida Avenue (Post Office Drawer it „ 1 i fr°m this Commission. However, town, Pa., and Wilkes-Barre, Scranton, J ) , Lakeland, Fla. 33802. Operating rights *°»tr0ls p - J* EGNER & SON, INC., and Altoona, Pa. R estriction: The sought to be transferred: Canned citrus 2ir Sr°n?ress Parkway, Post Office Box operations authorized herein are re products, as a common carrier, over ir is . « ¡ K Richfield, Ohio 44286, which stricted to the transportation of traffic regular routes, from certain specified carrioi10^126^ operate as a common received from or delivered to connecting points in Florida, to points in Iowa, Iown J n i0hi0, Michigan, Wisconsin, common carriers by motor vehicle. Ven Nebraska (except Omaha), Missouri (ex dee is authorized to operate as a common r ’ ^ s t Virginia, Indiana, Illinois, cept St. Louis), Kansas (except Kansas carrier in Pennsylvania, New York, New necticut, Kentucky, Maryland, Mas- City), and Minnesota (except St. Paul Jersey, Massachusetts, R hode' Island, ^umesota, Missouri, New Connecticut, Delaware, Virginia, Mary and Minneapolis), from certain specified IsinrJ’ New York» Pennsylvania, Rhode land, West Virginia, Ohio, Indiana, Mis points in Florida, to points in Minnesota ’ anc* Tennessee. Application has souri, Kentucky, Tennessee, Illinois, (except St. Paul and Minneapolis), from FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2412 NOTICES points in Florida on and south of Florida dietary products, flour mixes, and pow shipped in a mixed load of both commod- Highway 40 to points in North Dakota, dered milk, without additives, when mov ities, or in a mixed load with canned from points in Florida on and south of ing in the same vehicle and at the same citrus products, from the plantsite of Florida Highway 40 extending from New time with commodities, the transporta Osceola Fruit and Distributing Co. at or Smyrna Beach, Fla., through DeLand and tion of which is not exempt from eco near Waycross, Ga., to points in Ala Ocala, Fla., to Yankeetown, Fla., to points nomic regulation, from certain specified bama, Arkansas, Illinois, Indiana, Ken in South Dakota; vitrified clay sewer points in Wisconsin, to points in Tennes tucky, Louisiana, Michigan, Mississippi, pipe and related articles such as clay flue see, North Carolina, South Carolina, Nebraska, Ohio, Tennessee, Texas, and linings, clay stove pipe, and clay wall Mississippi, Alabama, Georgia, Florida, Wisconsin, with restriction; canned coping, from certain specified points in and that part of Louisiana east of the citrus products and chilled citrus prod Ohio, to points in Florida; canned vege Mississippi River; canned goods in mixed ucts, not frozen and not canned, and tables, from certain specified points in loads with frozen foods or agricultural frozen citrus products when shipped in a Minnesota, to points in Alabama, Florida, commodities as defined in section 203 mixed load with canned or chilled citrus Georgia, North Carolina, and South (b) (6) of the act, as amended; and products, not frozen and not canned, Carolina, from certain specified points in frozen foods in mixed loads with canned from the plantsite of Osceola Fruit and Wisconsin, to points in Alabama, Florida, goods or agricultural commodities as de Distributing Co. at or near Waycross, Georgia, North Carolina, and South fined in section 203(b) (6) of the act, as Ga., to points in Iowa, Minnesota, Carolina; clay products, from certain amended, from points in California to Missouri, and Oklahoma, with restric specified points in Ohio, to points in points in Alabama, Arkansas, Florida, tion; meats, meat products, and meat Florida, from Milledgeville, Ga., to points Georgia, Iowa, Kansas, Kentucky, Loui byproducts, as described in section A in that part of Florida on and south of siana, Minnesota, Mississippi, Missouri, of appendix I to the report in De U.S. Highway 92, from Houston, Miss., to Nebraska, North Dakota, Oklahoma, scriptions in Motor Carrier Certifi points in Florida; flour, from St. Joseph, South Dakota, Tennessee, and Wiscon cates, 61 M.C.C. 209 and 766, except Mo., to points in Florida; canned citrus sin; agricultural commodities as defined (a) canned meats, chili con carne, products, not moving under refrigera in section 203(b) (6) of the act, as and canned meat products, and (b) com tion, from Aubumdale, Fla., to Omaha amended, when transported at the same modities in bulk, in tank vehicles, from time and in the same vehicle with canned Bellefontaine, Ohio, to points in Florida Nebr. and Georgia; frozen foods, from the Canned citrus products, not frozen, goods or frozen foods (otherwise author ized) , from points in Arizona and Cali plantsite of the Green Giant Co. at or from points in Florida on and south of near Belvidere, 111., to points in Indiana, Florida Highway 40, to points in Iowa, fornia to points in Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Ken Ohio, Michigan, Kentucky, and points Nebraska, Missouri (except St. Louis), in those parts of Pennsylvania and New Kansas (except Kansas City), and Min tucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Okla York on and west of Interstate Highway nesota (except St. Paul and Minneap 81, from Humboldt, Tenn., to points in olis), from certain specified points in homa, South Dakota, Tennessee, and Wisconsin. Connecticut, Delaware, Illinois, Ken Florida, to Minneapolis and St. Paul, tucky, Maine, Maryland, Massachusetts, Minn., from certain specified points in Canned citrus products and canned fruit drinks, from points in Florida, to New Hampshire, New Jersey, New York, Florida, to St. Louis, Mo., and Kansas Ohio, Pennsylvania, Rhode Island, Ver City, Kans.; plastic pipe, plastic tubing, points in Louisiana, Mississippi, and Texas; meats, meat products, and meat mont, West Virginia, and the District plastic fittings, plastic pellets, plastic of Columbia, with restrictions. scrap, and plastic bonding cement; from byproducts, and articles distributed by meat packinghouses, as described in sec Frozen foods (except frozen dairy certain specified points in Ohio, to points products and frozen meats), from Bel in Florida, from certain specified points tions A and C of appendix I to the report in Descriptions in Motor Carrier Certifi videre, HI., to points in Alabama, Geor in Ohio, to points in Alabama, Georgia, gia, and Florida; clay, from Edgar, Fla., Kentucky, North Carolina, South Caro cates, 61 M.C.C. 209 and 766, except com modities in bulk, in tank vehicles, from to points in Ohio, Indiana, and Illinois ; lina, and Tennessee, with restriction; meats, meat products, and meat by canned vegetables, from certain speci the site of the plant of Armour & Co. at or near Emporia, Kans., to points in Ala products, and articles distributed by fied points in Wisconsin, to points in meat packinghouses, as described in sec Alabama, Florida, Georgia, North Caro bama, Georgia, Florida, North Carolina, and South Carolina; from the plantsite tions A and C of appendix I to the re lina, and South Carolina; frozen fruit port in Descriptions in Motor Carrier juices, and frozen fruit concentrates, in of Producers Packing Co. near Garden City, Kans., to points in Alabama, Dela Certificates, 61 M.C.C. 209 and 766, ex mixed loads with canned citrus fruits and cept hides and commodities in bulk, juices, from points in Florida to points in ware, Florida, Georgia, Kentucky, Mary land, Mississippi, North Carolina, South tank vehicles, from Sioux City, I®®** Missouri, Kansas, Iowa, and Nebraska; to points in Florida, from the plan«1“ frozen fruit juices, frozen fruit concen Carolina, Tennessee, Virginia, West Vir ginia, and the District of Columbia, with and storage facilities of Missouri Be trates, fresh fruits, and fresh vegetables, Packers, Inc., at or near Phelps uiy. in mixed loads with canned citrus prod restriction; citrus products, from the plantsite of Osceola Fruit and Distrib Mo., to points in Alabama, Florida, Geo ■ ucts, from points in Florida, to points gia, North Carolina, and South Carolina, in Arkansas, Minnesota, North Dakota, uting Co. at or near Waycross, Ga., to points in Colorado, Kansas, Montana, from the plant or storage facihtie Oklahoma, South Dakota, West Virginia, Spencer Packing Co. at Schuyler, N •> Wisconsin, and the Lower Peninsula of New Mexico, and Wyoming, with restric tion; canned goods, and citrus products, to points in Alabama, Florida, Georgw, Michigan; citrus juices and sections, not Mississippi, North Carolina, «. canned and not frozen, in mixed loads other than canned citrus products, and frozen fruit products, other than frozen olina, and Tennessee, with restriction : with canned citrus products, from Brad meats, meat products, and weaf oyp, enton, Fla., to points in Wisconsin; fresh citrus products, in mixed loads with canned goods, from points in Florida, to ucts, and articles distributed by,._ fruits and fresh vegetables, in mixed packinghouses, as described in s loads with canned citrus products, from points in Montana and Wyoming; fro zen citrus products and canned citrus A and C of appendix I to the report » points in Florida, to points in Iowa, Kan Descriptions in Motor Carrier sas, Missouri, and Nebraska. products, and chilled citrus products, not frozen and not canned, when shipped cates, 61 M.C.C. 209 and 766 Citrus juices, not canned and not hides, commodities in bulk in km* _ frozen, frozen citrus concentrates in in a mixed load with frozen or canned citrus products, from the plantsite of hicles, and frozen meats, from the p mixed loads with canned citrus products, site or storage facilities utilized by and canned citrus products, from points Osceola Fruit and Distributing Co. at or near Waycross, Ga., to points in der Packing Co. in Adams County-1^ in Florida, to points in Arizona, Califor to points in Florida and Ge S nia, Colorado, Nevada, New Mexico, and North Dakota and South Dakota, with restriction. restriction. . , ,hpre. Utah; powdered milk with additives, Syrup, liquid sugar, and bl ^ pg. canned cream and milk, milk and cream Canned citrus products, and chilled citrus products, not frozen and not of, in bulk, in tank veh icle^ pjorjda, substitutes, dessert preparations, not catur, 111., to points In Alabama, frozen, dry beverage preparations, liquid canned, and frozen citrus products, when FEDERAL REGISTER,.VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2413 and Georgia; frozen foods (except frozen No. MC-F-10026. Authority sought for Del Norte County, Calif., to Brookings, meats), from the plantsites and storage purchase by TEX-O-KA-N TRANS Oreg.). Vendee is authorized to operate facilities of Stokely-Van Camp, Inc., at PORTATION COMPANY, INC., 3301 as a common carrier in Oregon, Wash certain specified points in Minnesota, to Southeast Loop 820, Post Office Box ington, and California. Application has points in Delaware, Maryland, Massa 8367, Fort Worth, Tex. 76112, of the op not been filed for temporary authority chusetts, New Jersey, New York, Penn erating rights of CARL O’NEAL TRUCK under section 210a(b). sylvania, Virginia, West Virginia, and LINE, INC., Post Office Box 830, El By the Commission. the District of Columbia; from the plant- Campo, Tex. 77437, and for acquisition sites and storage facilities of Stokely- by PAUL F. HEALY, also of Fort Worth, [ seal] H. N eil G arson, Van Camp, Inc., at certain specified Tex., of control of such rights through Secretary. points in Minnesota, to points in Ala the purchase. Applicants’ attorneys: [F.R. Doc. 68-1163; Filed, Jan. 30, 1968; bama, Florida, Georgia, North Carolina, Reagan Sayers and Clayte Binion, EH, 8:47 a.m.] South Carolina, and Tennessee, with re c/o Rawlings, Sayers & Scurlock, Cen strictions; paper and paper products, tury Life Building, Post Office Drawer from the plantsite of Carolina Paper 17007, Fort Worth, Tex. 76102. Oper NOTICE OF FILING OF MOTOR CAR Mills, Inc., at or near Rockingham, N.C., ating rights sought to be transferred: RIER INTRASTATE APPLICATIONS to Dothan, Ala., points in Florida, and Oilfield equipment' and supplies, as a those in Georgia on and south of UR common carrier, over irregular routes, January 26, 1968. Highway 80; fruit juices and fruit juice between points in Louisiana and Texas, The following applications for motor concentrates (other than citrus juices with restrictions; machinery, materials, common carrier authority to operate in and citrus juice concentrates), non supplies and equipment incidental to, or intrastate commerce seek concurrent alcoholic "beverages, and nonalcoholic used in, the construction, development, motor carrier authorization in interstate beverage preparations, from points in operations, and maintenance of facili or foreign commerce within the limits of that part of Florida on and south ties for the discovery, development, and the intrastate authority sought, pursuant of Florida Highway 40, to points production of natural gas and petroleum, to section 206(a)(6) of the Interstate in Arizona, California, Colorado, Iowa, between points in Texas; machinery, Commerce Act, as amended October 15, Kansas (except Kansas City, Kans.), equipment, materials and supplies used 1962. These applications are governed Louisiana, Minnesota (except Min in, or in connection with, the discovery, by Special Rule 1.245 of the Commission’s neapolis and St. Paul, M inn.), Mis development, production, refining, man rules of practice, published in the F ed sissippi, Missouri (except St. Louis M o.), ufacture, processing, storage, transmis eral R egister, issue of April 11, 1963, Montana, Nebraska, Nevada, New Mex sion, and distribution of natural gas and page 3533, which provides, among other ico, North Dakota, South Dakota, Texas, petroleum and their products and by things, that protests and requests for in Utah, and Wyoming, from points in that products, not including the stringing or formation concerning the time and place part of Florida on and south of Florida picking up . of pipe in connection with of State commission hearings or other Highway 40, to Kansas City, Kans., %nd pipelines, between points in Texas; and proceedings, any subsequent changes Minneapolis and St. Paul, Minn., with iron and steel articles, as described in therein, and any other related matters restriction; frozen foods, except frozen Appendix V to the report in Descriptions shall be directed to the State commission dairy products, from Belvidere, 111., to in Motor Carrier Certificates, 61 M.C.C. with which the application is filed and points in North Carolina, South Caro 209, between points in Texas, with re shall not be addressed to or filed with the lina, and West Virginia; tile flooring and striction. Vendee is authorized to operate Interstate Commerce Commission. tile cement, from New Orleans, La., to as a common carrier in Oklahoma, Kan State Docket No. T-26, 150, filed points in Florida south of U.S. Highway sas, New Mexico, Texas, Colorado, January 17, 1968. Applicant: LA VERNE 90. Wyoming, Utah, Montana, Arkansas, STOCKTON, doing business as MARSH Plastic articles (except in bulk), iron Louisiana, Arizona,, Nebraska, Missis FIELD DRAYAGE COMPANY, 302 West Franklin, Pa., to points in Indiana, Illi- sippi, North Dakota, South Dakota, and Second, Marshfield, Mo. 65706. Appli nois, and Louisiana (except New Orleans Tennessee. Application has been filed for cant’s representative: Turner White, 805 La., and points in its commercial zone a; temporary authority under section Woodruff Building, Springfield, Mo. defined by the Commission); authority 210a(b). 65806. Certificate of Public Convenience applied for in pending Docket No No. MC-F-10027. Authority sought for and Necessity sought to operate a freight MC-115491 Sub 63, covering the tranS' purchase by JOHNSON TRUCK SERV service as follows: Transportation of portation of meats, meat products, mea ICE, INC., Post Office Box 668, Coos Bay, general commodities (except explosives, byproducts, and dairy products, and ar Oreg., of a portion of the operating rights articles of unusual value, household ticles distributed by meat packinghouses Of FERGUSON TRANSFER COMPANY, goods, commodities in bulk, commodities as described in sections A, B, and C, o: Post Office Box 337, Coos Bay, Oreg., and requiring special equipment and articles appendix I in Descriptions in Motor Car for acquisition by JEWELL J. JOHNSON injurious and contaminating to other rier Certificates, 61 M.C.C. 209 and 766 and JANET K. JOHNSON, both of 1050 freight), between Marshfield and Spring- as a common carrier, over irregulai North Juniper, Coos Bay, Oreg., of con field, Mo., over Interstate Highway 44 ^rom Points in Colorado on anc trol of such rights and property through (U.S. Highway 66), from Marshfield, Mo., oo t Highway 40 and on anc the purchase. Applicants’ attorney: to Springfield, Mo., and return over the u-s; Highway 87, to points ir Norman E. Sutherland, 1200 Jackson same route, serving the commercial zones of both said cities and serving all inter auk Carolina- South Carolina, Georgia Tower, Portland, Oreg. Opierating rights niic.T'1?8'’ and Florida; and authority ap- sought to be transferred: Household mediate points. Both intrastate and in goods, and general commodities, except terstate authority sought. - llM9if No.2i-.pt,!-----7 FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2414 NOTICES 55101. Certificate of public convenience must be specified in their petitions with tleboro, Vt. 95302. Applicant’s represent and necessity sought to operate a freight particularity. ative: David M. Marshall, 135 State service as follows: Transportation of No. MC-FC-69870. By order of Janu Street, Suite 200, Springfield, Mass. 01103. general commodities, (a) between Lester ary 4, 1968, Division 3 acting as an Authority sought to operate as a common Prairie and Minneapolis and St. Paul, appellate division, approved the trans carrier, by motor vehicle, over irregular Minn., and between Lester Prairie and fer to P. Liedtka Trucking, Inc., Trenton, routes, transporting: Wood chips, Winsted, Minn., over the following N.J., of that portion of the operating edgings, and debarked wooden slabs, routes: Route No. 1: Prom Lester rights in certificate No. MC-43046, issued from Winchester and Madison, N.H., to Prairie, over McLeod and Carver County by the Commission, December 7, 1951, Westbrook and Rumford, Maine, Boston, Roads to junction with Minnesota State to Beach Transportation Co., Inc., Jersey Canton, and Lawrence, Mass., Albany, Highway 7, thence over Minnesota High City, N.J., authorizing the transporta Schenectady, and Ticonderoga, N.Y., way 7 to Minneapolis and St. Paul and tion, over regular routes, of general and Philipsdale and Providence, R.I., and return over the same route. Route No. commodities, except those of unusual from Westfield and Chester, Mass., to 2: From Lester Prairie, Minn., over Mc value, and except dangerous explosives, Winchester and Milford, N.H., and Leod, Carver, and Wright County Roads household goods as defined, and com Mechanicsville, N.Y., for 180 days. Sup to Winsted; from Winsted over McLeod, modities in bulk, over regular routes, of porting shippers: New England Lum Carver, and Wright County Roads to general commodities, excluding house ber Co., Inc., Box 126, West Ossipee, Waverly, thence over Trunk Highway 12 hold goods, dangerous explosives, and N.H. 03890; Bannish Lumber Co., South- to Minneapolis and St. Paul, and return. commodities in bulk, from New York, wick Road, Westfield, Mass. 01085. Note: Route No. 3: From Lester Prairie over N.Y., to Washington, D.C., and New York, The purpose of this republication is to McLead, Carver, and Wright County N.Y., to points in Massachusetts and show that Winchester and Madison are Roads to Winsted; from Winsted, over Connecticut. Said order, as published in located in New Hampshire instead of New McLeod, Carver, and Hennepin County the F ederal R egister of January 19, Jersey. Send protests to: Martin P. Roads through Watertown to junction 1968, inadvertently failed to show the Monaghan, Jr., District Supervisor, In with Trunk Highway 12, thence over transfer of the operating rights author terstate Commerce Commission, Bureau Trunk Highway 12 to Minneapolis and izing operations from New York, N.Y., to of Operations, Post Office Box 38, Mont St. Paul, and return, and (b) no service points in Massachusetts and Connecticut. pelier, Vt. 05602. at intermediate points; applicant shall Charles H. Trayford, 137 East 36th No. MC 59283 (Sub-No. 3 TA) filed serve all points in the twin cities Street, New York, N.Y. 10016, attorney January 22, 1968. Applicant: M & B metropolitan area to and from Winsted for applicants. TRANSFER COMPANY, doing business and Lester Prairie; and applicant shall [seal] H. N eil G arson, as BATTLE GROUND TRUCK SERV tack any authority granted herein with Secretary. ICE, Box 1146, Vancouver, Wash. 98660. his existing authority in State Docket Applicant’s representative: Earle V. No. RRCC 515, which authorizes trans [F.R. Doc. 68-1165; Filed, Jan. 30, 1968; White, 2400 Southwest Fourth Avenue, portation of general commodities be 8:47 a.m.] PQrtland, Oreg. 97201. Authority sought tween Winsted, Minn, and Minneapolis to operate as a common carrier, by motor and St. Paul, Minn. Both intrastate and [Notice 536] vehicle, over regular routes, transport interstate authority sought. ing: General commodities, except those HEARING: March 20, 1968, at 10 a,m., MOTOR CARRIER TEMPORARY of unusual value, classes A and B explo in the hearing room of the Minnesota AUTHORITY APPLICATIONS sives, commodities in bulk, commodities requiring special equipment, and those Public Service Commission, State Office January 26, 1968. Building, St. Paul, Minn. 55101. Request injurious or contaminating to other lad for procedural information, including the The following are notices of filing of ing, between Vancouver, Wash., and As time for filing protests concerning this applications for temporary authority un toria, Oreg., serving the intermediate and application should be addressed to the der section 210a(a) of the Interstate off-route points described below: Prom Minnesota Public Service Commission, Commerce Act provided for under the Vancouver, Wash., over Interstate 5 (U S. State Office Building, St. Paul, Minn. new rules of Ex Parte No. MC 67 (49 highway) U.S. Highway 99, and Wash 55101, and should not be directed to the CFR 340) published in the F ederal R eg ington highways to the Interstate Bridge Interstate Commerce Commission. ister, issue of April 27, 1965, effective southwest of Longview, Wash., thence July 1, 1965. These rules provide that over Interstate Bridge to U.S. Highway By the Commission. protests to the granting of an applica 30 in Oregon, thence over U.S. Highway [seal] H. N eil G arson, tion must be filed with the field official 30 to Astoria, Oreg., and return over the Secretary. named in the F ederal R egister publica same routes, service to be provided: w tion, within 15 calendar days after the [F.R. Doc. 68-1164; Filed, Jan. 30, 1968; Between Vancouver, Wash., on the one 8:47 a.m.] date of notice of the filing of the ap hand, and on the other all points in Ore plication is published in the F ederal gon west of Rainier, Oreg.; (b) to ana R egister. One copy of such protest must from the off-route points of Hammon [Notice 80] be served on the applicant, or its au and Warrenton, Oreg., for 180 days, sup thorized representative, if any, and the MOTOR CARRIER TRANSFER porting shippings: Portco Corp., va " protests must certify that such service couver, Wash.; Bemis Co., Inc., 1401 \ PROCEEDINGS has been made. The protests must be 26th Street, Vancouver, Wash. January 26, 1968. specific as to the service which such pro- Ropes Unlimited, Inc., 2401 Vanco Synopses of orders entered pursuant to testant can and will offer, and must con Shipyards, Vancouver, Wash. Send P section 212(b) of the Interstate Com sist of a signed original and six (6) tests to: S. F. Martin, District Supe merce Act, and rules and regulations pre copies. visor, Bureau of Operations, scribed thereunder (49 CFR Part 279), A copy of the application is on file, and. Commerce Commission, 450 ppt appear below: can be examined at the Office of the" Building, 120 Southwest Fourth Stre.L Secretary, Interstate Commerce Com As provided in the Commission’s gen Portland, Oreg. 97204. mission, Washington, D.C., and also in No. MC 59488 (Sub-No. 28 TA) ,fi eral rules of practice any interested per the field office to which protests are to son may file a petition seeking recon January 22, 1968. Applicant: S be transmitted. WESTERN TRANSPORTATION C sideration of the following numbered PANY, 733 South Poydras, Dallas, • proceedings within 30 days from the date M otor Carriers of Property of service of the order. Pursuant to sec 75202. Applicant’s re^esentative- u No. MC 48533 (Sub-No. 12 TA). (Cor M. Roach, 1517 West Front tion 17(8) of the Interstate Commerce rection), filed December 4, 1967, pub Act, the filing of such a petition will post Tex. 75702. Authority sought to ope lished F ederal R egister, issue of Decem as a common carrier, by motor ve _ ’ pone the effective date of the order in ber 19, 1967, and corrected this issue. that proceeding pending its disposition. Applicant: A. L. ROOT TRANSPORTA over regular routes, transporting- The matters relied upon by petitioners TION, INC., 12 Fairground Road, Brat- eral commodities, except those o FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 NOTICES 2415 value, household goods as defined by the shippers: Wayfarer Yacht Corp., 1682 No. MC 129666 TA filed January 22, Commission, commodities in bulk, com Placentia Avenue, Costa Mesa, Calif., 1968. Applicant: SECURITY STORAGE modities requiring special equipment, Joseph Stephens of Newport, 505 30th & MOVING SERVICE, INC., 4100-04 14th and those injurious or contaminating to Street, Newport Beach, Calif; Jensen Ma Avenue, Columbus, Ga. 31902. Appli other lading, from junction Arkansas rine Co., 235 Fischer Street, Costa Mesa, cant’s representative: James L. Flem- Highway 15 and unnumbered highway Calif.; Wesco Marine, 8211 Lankershim ister, 230 Fulton Feral Building, Atlanta, near Tucker over unnumbered highway Boulevard, North Hollywood, Calif.; Eric- Ga. 30303. Authority sought to operate and access roads to Lock and Dam No. 5 son Yachts, 1206 West Struck Avenue, as a common carrier, by motor vehicle, near Wright, Arkansas, and return. Orange, Calif. Send protests to: District over irregular routes, transporting: No t e : Applicant intends to tack the au Supervisor Joseph B. Teichert, Interstate Household goods, as defined by the Com thority here applied with existing author Commerce Commission, Bureau of Op mission, between points in the counties of ity held by it, at all Gateways; for 180 erations, Room 1226, 51 Southwest First Troup, Meriwether, Chattahoochee, Clay, days. Supporting shipper: Martin K. Eby Avenue, Miami, Fla. 39180. Pike, Lamar, Upson, Harris, Talbot, Tay Construction Co., Inc., Post Office Box No. MC 129664 TA filed January 22, lor, Muscogee, Marion, Macon, Schley, 5299, Pine Bluff, Ark. 71601. Send pro 1968. Applicant: COMET MESSENGER Stewart, Webster, Sumter, Dooly, Quit- tests to: E. K. Willis, Jr., District Super AND DELIVERY SERVICE, INC., 277- man, Randolph, Terrell, Lee, Crisp, Cal visor, Interstate Commerce Commission, 283 Clinton Avenue, Newark, N.J. 07108. houn, Dougherty, Worth, Turner, Tift, Bureau of Operations, 513 Thomas Build Applicant’s representative: George A. Early, Baker, Miller, Mitchell, Colquitt, ing, 1314 Wood Street, Dallas, Tex. 75202. Olsen, 69 Tonnele Avenue, Jersey City, Cook, Berrien, Ben Hill, Wilcox, Ga., and No. MC 128791 (Sub-No. 2 TA), filed N.J. 07306. Authority sought to operate Chambers, Tallapoosa, Macon, Lee, Rus January 22,1968. Applicant: L & S BOAT as a common carrier, by motor vehicle, sell, Bullock and Barbour, Henry, Pike, TRANSPORTATION COMPANY, 3356 over irregular routes, transporting: Ala. Restricted to shipments having a 53d Avenue North, St. Petersburg, Fla. Dental, optical, flexographic materials, prior or subsequent movement in con 33714. Applicant’s representative: M. film and allied photo equipment and sup tainers beyond said counties, and further, Craig Massey, 223 South Florida Avenue, plies, in shipments of 100 pounds or less restricted to pickup and delivery service Lakeland, Fla. 33802. Authority sought moving from one consignor to one con incidental to and in connection with to operate as a common carrier, by motor signee, in specialized service. (1) be packing, crating and containerization, or vehicle, over irregular routes, transport tween New York, N.Y., and points in upacking, uncrating and decontaineriza ing: Boats and boat parts, supplies and Westchester and Nassau Counties, N.Y., tion of such shipments over irregular equipment, moving in connection there on the one hand, and, on the other, points' routes, for 180 days. Supporting ship with, from points in Orange and Los An in New Jersey, Rockland County, N.Y., pers: Swift Home-Wrap, Inc., 105 Leon geles Counties, Calif., to points in Ala and Philadelphia, Pa. (2) between Phila ard Street, New York, N.Y. 10013; Smyth bama, Arizona, California, Connecticut, delphia, Pa., on the one hand, and, on Worldwide Movers, Inc., 11616 Aurora Delaware, District of Columbia, Florida, the other, points in New Jersey and Avenue North, Seattle, Wash. 98133. Georgia, Illinois, Indiana, Kansas, Ken Rockland County, N.Y., for 150 days. Send protests to: William L. Scroggs, Supporting shippers: There are 14 ship District Supervisor, Interstate Com tucky, Maine, Maryland, Massachusetts, pers whose names and addresses are on merce Commission, Bureau of Opera Michigan, Mississippi, New Hampshire, file in the Newark, N.J., field office and tions, Room 309, 1252 West Peachtree New Jersey, New Mexico, New York, Washington, D.C., Interstate Commerce Street NW., Atlanta, Ga. 30309. North Carolina, Ohio, Oklahoma, Oregon, Commission office supporting this appli By the Commission. Pennsylvania, Rhode Island, South Caro cation. Send protests to: Robert S. H. Vance, District Supervisor, Interstate [ seal] H. N eil G arson, lina, Tennessee, Texas, Vermont, Vir Commerce Commission, Bureau of Oper Secretary. ginia, Washington, West Virginia, and ations, 1060 Broad Street, Newark, N.J. [F.R. Doc. 68-1166; Filed, Jan. 30, 1968; Wisconsin, for 180 days. Supporting 07102. 8:47 a.m.] FEDERAL REGISTER, V O L 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2416 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JANUARY 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 January. 3 CFR Page 7 CFR— Continued Page 8 CFR Page P roclamations : 319______136 212------..— 255 3279 (modified by Proc. 3823_1171 401______221, 1175, 1176, 2375, 2376 214------255 3290 (see Proc. 3823)_____ 1171 601______2377 238------‘------255 3328 (see Proc. 3823) ______1171 701_____ 2377 242 ------2380 3386 (see Proc. 3823)______1171 717______1067 243 ------2380 3389 (see Proc. 3823)______1171 722 ______59, 895 244 ------— ------2380 3509 (see Proc. 3823)______1171 723__ .______843, 2378 316a------255 3531 (see Proc. 3823)______1171 724 ______1177 319______255 3541 (see Proc. 3823)______1171 729 ______1178 332a______255 3693 (see Proc. 3823)______1171 730 ______729 3779 (see Proc. 3823)______1171 775______1180 9 CFR 3794 (see Proc. 3823)______1171 792______686 811______529 73______223, 1069,1175 3820 (see Proc. 3823)______1171 76— ______223 3823______1171 814______59 822______62 307__'______9 E xecu tive O rders: 827______402 340______9 10148 (superseded by EO 841______1067 355______- 10 11388)______563 891 ______62, 402 P roposed R ules : 10344 (see EO 11391)______949 892 ______62 78______633 10594 (see EO 11391)______949 905 ______221, 847, 909, 2378 10837 (see EO 11391) ______949 906______848, 2379 10 CFR 11182 (amended by EO 11386) _ 5 907— 64, 222, 402, 485, 625, 730, 909, 11209 (revoked by EO 11386)__ 5 1068. 50______2381 11248: 910______64, 222, 359, 486, 730, 1068 70______137 Amended by EO 11389______839 913______1068 115____ 2381 Amended by EO 11393___ 1065 944______848 P roposed R u l e s : 11268 (see EO 11393)______1065 946 ______626, 687 2______638 11386 ______5 947 ___ 791 11387 ____ 47 948 ______— 687 12 CFR 11388 ______563 950______359 2381 11389______839 959______— ______— 64 16______204______65 11390 ______841 971______359, 565, 731 910 11391 ______949 987______486 217__;______329 ______955 11392 ______951 989____ 2380 530 11393 ______1065 1001______65 330 ____ 510______137 1400— ______2380 360 4 CFR 1421 ______222 545______564______403 6 ____— ______2369 1422 ______223 33 ______685 1464______136, 910 P roposed R u l e s : 580 34 ______685 1483_____ 9 563______36______685 2400______2420 81 ______357 P roposed R u l e s : 13 CFR 82 ______358 326 27______283 107______68—______— 766,1209 121______530 5 CFR 319______77, 1075 P roposed R u l e s : 729—______77 1021 213______9, 135, 219, 359 121— ______315______401 730______378 338______135 907— ______— ______283 917______497 14 CFR 353— ______— ______529, 791 956 511______895 929______1______283 i_. ------g71 532______685 952______—:______917 il. ------g56 534______895 989_____ 78 27. ------956 550______219 991______149,1017 29. 610______219 993______;__ 576 39 .— Ì 0 , 255- 257, 403, 565, 626,1069 752______401 1002______188, 856 45. 1005______285 ------' l l " Ì1.257 754______401, 843 47. _11( i2, 66, 771______401, 843 1013— _____ 78 71. 67, 138, 139, 450-452, 530-532,688, 2100______485 1016______378 1030 ______768 849,1070, 1071, 2002. 487,627,2002 7 CFR 1031 ______:______768 73_. ------T—~ — £ 2002 1038______768 75_. .___ ------452 0______953 1039______768 9 1 - 53______623 1041___ 856 ...... ] 972 95_. 1045____ 768 : : : : : : : : : : : : : : : T 5 Y r 6 _89,_792,974 81______^______9,135 97_. 1051______5 ______768 208____ 623 127. ------1 911 1063______768 ------— 257 210______219 1069______417 133. 215______220 1121______'______497 151. ------1071 220______220 1126______497 183 ------—...... 692 250______„______402 1133— ______289 216. FEDERAL REGISTER 2417 14 CFR— Continued Page 20 CFR page 32 CFR—Continued Page 241______224, 849 404______12,15 536______282 302______-— ------695 4 0 5 „______— 404, 488, 567, 2384 564______:______533 808 _____ :______535 375______—------697 P roposed R u l e s : 385______68, 698,1205 809 _____ 738 602______700 389______68, 360 815______881 425______458 842______2385 21 CFR 882______800 P r o po se d R u l e s : 1______- ______404 1003______1014 3______2384 21______469 1005 ____ 144 27______469 8______982 1006 ______1014 29______469 51______72 39______292, 576 120 ______260, 261, 410, 492,1175 1007 ______144,1014 43______469 121 __ 73, 261, 262, 567, 569, 627, 731 1016— ______144,1014 45_____ 469 146a______74 1018______-f______i_____ 1014 71 _ 22—25 148i______411 1030______1014 ”149-151I 469-471,_ 539,~576, 577,' 148m______262 1053 ------1014 635-638, 700, 750, 856-858, 1075, P roposed R u l e s : 1054 ___ 144 1076,1209. 1------1020 1655______1073 73_____ 1076 46------634 75______25, 638, 858, 859 130______1020 m i ; ______229 91______— 151, 469 93______700 22 CFR 3 3 CFR 103______750 117------629, 2387 41------459 127____ 469 205______494 241______1077 207 ______494 298___ 701 23 CFR 255______18 208 ------263 15 CFR P roposed R u l e s : 3 6 CFR 50______1072 255______540 370______687 7 ------145, 853 373------_ 687, 911 24 CFR 212------— ______145 382______•______801 399______802 0------—_ 144 3 8 CFR 1000------49,360,806,913 1 ______362 25 CFR 2 _ 362 16 CFR 221------569, 732, 791 6------362 13------258,487, 488, 532, 566, 850,1205 8 ______:______362 2 6 CFR 12______1073 15------72, 459, 627,1073, 2382 21______536 228------982 1------533 4 00™ ------__ 732, 916 Proposed R u l e s : 3 9 CFR 301. 2393 2 7 CFR Ch. I______807 416. 918 127______231 5______983 158______231, 627 17 CFR P roposed R u l e s : 742------570,1014 230______566, 2382 1017 41 CFR 240______I .— 1073 29 CFR 5A-2 _ 287_____i i m u __ 259 366, 630 526______2384 5A -3_ — 366 Pr oposed R u l e s : 778—______:__ 986 5A-8_ 20 231______— 507 1602-______282 5A-73 366 240______152, 513, 2393 P roposed R u l e s : 5A-76 — 631 689______1019 5 B -7 . 631 18 CFR 6 -1 __ — 570 6-3___ 2... 139 31 CFR — 570 4__ 8 -2 2383 500______687 __ 74 41 ~ 8 - 7______74 131__ 139 2383 32 CFR 9- 7___ — 744 141____ I 14—1__ 139 853 158_____ I ______264 50-202 2388 139 3 ______260___ II 268 101-6- 146 139 4 ______272 300__ I " 101-11 894 224 5 ______272 601__ m i n 101-32 146 850 7 ______273 8 ______101-47 — 571 Pr oposed R u l e s : 273 I I ______260______274 417 13 ______274 42 CFR 19 CFR 14 ______276 73------367, 370, 536, 744, 855 15 ______1 0 - 276 Proposed R u l e s : 567 16-______281 12__ 73______292 360 30—______281 « - m m 51______492 2383 54______4 3 CFR Propo sed R u l e s " 493 20— 1 - 59______1206 1046 149 136—______1207 1720 460 2418 FEDERAL REGISTER 45 CFR Page 46 CFR— Continued Page 47 CFR—Continued Pa** 177 ______371 191______1130 P roposed R u l e s : 178 ______374 192___*______1135 21------293 500______232 73------293,578, 917 OM 193 ______1145 531______194 ______1151 87------1020 600______746, 2388 195 ______1156 1105______494 4 9 CFR 196 ______1158 Proposed R u l e s : 95------466 310______747 85______110 173------2389 380______810 177______2389 1048______698 46 CFR P roposed R u l e s : 1207______537 2______1102 Ch. IV. 378 1240______537 24______1104 504___. 638 1249______538, 748 30______1106 524___ 701 P roposed R u l e s : 32___*______1014 531___ 2392 131_^______578 34______1015 536___ 2392 170-190------750 70____ 1107 239______765 90______1015, 1109 92______1015 4 7 CFR 5 0 CFR 95______1016 0— ,______460 12______— ______— ___ 749 97______' 1016 1__:______460,913 28______631 110______1110 2__ ,______411 33______148, 175______— 1112 13______698,913 415,416, 538, 575, 631, 632,749,916 188______1113 73 ______20, 414, 573, 914 P roposed R u l e s : 1 8 9 „______74— 1118______414, 574 28_ 22 190______1125 95______377 253. 495 FEDERAL REGISTER VOLUME 33 • NUMBER 21 Wednesday, January 31,1968 • Washington, D.C. P A R T II Department of Agriculture Board of Contract Appeals Revision of Regulations No. 21—Pt. n ___ J 2420 RULES AND REGULATIONS man. The Vice Chairman shall act for the under contracts involving (1) the con Title 7— AGRICULTURE Chairman in his absence. The Board has struction, alteration, or repair, of build Chapter XXIV— Board of Contract an Executive Secretary designated by the ings or works, (2) the purchase of sup Secretary of Agriculture. The Executive plies, equipment, materials, or services, Appeals, Department of Agricul Secretary may, if his appointment so and (3) the purchase of commodities ture provides, also be a member of the Board. pursuant to section 32 of Public Law 320, (b) An appeal to the Board shall be 74th Congress, as amended, and section PART 2400 — ORGANIZATION, 6 of the National School Lunch Act, as FUNCTIONS, AND RULES OF considered and decided by a panel of not less than three members designated by amended, if such contracts provide either PROCEDURE the Chairman to hear and decide the ap that such appeals may be made to the Chapter X XIV is added to Title 7, Code peal. If the Chairman is not a member Administrator, Consumer and Marketing of Federal Regulations, containing Part of a panel, or is unable to act as “Presid Service, or to the head of the Department 2400. This part supersedes Part 1400 of ing Officer,” he shall name one of the or his duly authorized representative this title, the rules of the Contract Dis members of the panel to serve a s ‘Presid (c) Work Hours Standards Act. The putes Board for Commodity Credit Cor ing Officer” who shall be responsible for Board is authorized to consider and de poration, as amended. the proper disposition of the appeal. The termine appeals from decisions of con decision of a majority of the panel shall tracting officers under the Contract Sec. constitute the decision of the panel and Work Hours Standards Act in accordance 2400.1 General. with the provisions of section 104(c) of 2400.2 Membership and participation. of the Board. 2400.3 ■ Authority and jurisdiction. (c) Hearings may be conducted by the that Act. 2400.4 Debarment. Chairman, Presiding Officer, or any (d) Finality of decisions. No person 2400.5 Manner of filing appeals. member of a panel acting alone or with shall be required to seek an appeal or to 2400.6 Procedure on appeal. one or more other members of the panel. appeal to the Board in cases which may 2400.7 Discovery: motion for production of be or are cognizable under paragraph documents, written interroga If a hearing is conducted by less than the full membership of the panel the entire (a) (2) of this section for the purpose tories and oral examinations. of exhausting his administrative remedy 2400.8 Lackof prosecution. record shall be furnished to the remain 2400.9 Settlement. ing member or members of the panel before recourse to the courts unless a 2400.10 Prehearing arrangements. designated by the Chairman for review contractual provision provides for such 2400.11 Hearings. and the panel shall consider and deter an appeal. The decisions of the Board on 2400.12 Decisions. mine the appeal upon such record. A all matters falling within its jurisdiction 2400.13 Extensions of time and steno shall constitute the final administrative graphic reporting of hearings. majority of the panel shall decide the appeal. determination within the U.S. Depart ment of Agriculture (hereinafter re Au t h o r it y : The provisions of this Part (d) A vacancy on the Board or panel 2400 isued under 5 U.S.C. 301, 40 U.S.C. 486 ferred to as the Department). Determi shall not impair the powers or affect the (c) and under sec. 4, 62 Stat. 1070, as amend nations of fact by the Board on appeals ed; 15 U.S.C. 714b. Interpret or apply secs. duties of the Board. If a member of the from findings of fact of a Contracting 9, 10, 62 Stat. 1072, 1073; 15 U.S.C. 714g, panel is unable to serve or participate in Officer of the Corporation or the De 714h. a decision, either before or after the partment pursuant to a disputes article hearing, he shall be replaced by another § 2400.1 General. or other provision in a contract providing member of the Board designated by the for appeal shall be final and conclusive (a) This part sets forth the organiza Chairman to serve on that panel. All tion, functions, and rules of procedure of for all purposes, unless determined by communications shall be directed to the a court of competent jurisdiction to have the Board of Contract Appeals, Depart “Executive Secretary, Board of Contract ment of Agriculture (hereinafter re been fraudulent, arbitrary, capricious or Appeals, U.S. Department of Agriculture, so grossly erroneous as necessarily to ferred to as the Board). Except for ap Washington, D.C. 20250.” peals pending before a board on which imply bad faith or not supported by sub hearings have been held prior to the ef § 2400.3 Authority and jurisdiction. stantial evidence. fective date of these rules, the Board su (a) Commodity Credit Corporation. (e) Adjudication. (1) Where an ap persedes and replaces (1) the Contract The Board has jurisdiction and the au peal is within the jurisdiction of the Disputes Board for Commodity Credit thority to act for or on behalf of the Board, it will, in its discretion, hear, Corporation established by the Board of Commodity Credit Corporation (herein consider, and make decisions on all ques Directors of the Commodity Credit Cor after referred to as the Corporation) and tions necessary for the complete adjudi poration on April 17, 1946, and (2) Ad its officers in the following cases: cation of the issues. When, in the con Hoc Boards of Contract Appeals des sideration of an appeal, it appears that (1) To consider and determine appeals a claim is involved which is not otherwise ignated from time to time by the Director by persons from findings of fact of Con of Plant and Operations under authority cognizable by the Board, it may insofar tracting Officers of the Corporation with as the evidence permits make findings oi of Subpart 4-50.2 of the Agriculture in the scope of any contract disputes Procurement Regulations. fact with respect to such claim without provision which provides a method for expressing an opinion or making a find final and conclusive determination of (b) The provisions of the Administra ing on the question of liability. tive Procedure Act (60 Stat. 237, as disputed questions of fact. (2) The term “persons” for the pur amended, 5 U.S.C. 551-559) are not ap (2) To consider and determine, upon pose of these rules means an individua plicable to proceedings before the Board specific referral by the President or a or any form of business entity, e-|;> Vice President of the Corporation, an except those requirements with respect to proprietorship, partnership, corporat > appeal by any person on a contract claim publication of description of organiza association, or cooperative. tion, statements as to channeling and by or against the Corporation not pend ing in the Department of Justice or in - (3) Proceedings before the Board wi determination of functions, substantive litigation and involving doubtful or dis be suspended in connection with any rules, statements of general policy, or puted questions of fact or law where which has been referred to the D?? f interpretations, and publication or avail claimant has been unable to effect settle ment of Justice, or which the Offl the General Counsel informs the B ability for public inspection of final ment or adjustment satisfactory to him will be referred to that Departure opinions or orders in the adjudication of under other established policies and procedures. consideration of possible criminal cases. tions or civil false claims. Such s P (b) Services and agencies of the De sion will be lifted if the Department^ § 2400.2 Membership and participation. partment of Agriculture other than Com Justice so requests, completes x+hat (a) The Board is composed of eleven modity Credit Corporation. The Board the case, or informs this Department, tn members appointed by the Secretary of has jurisdiction and authority to act on the Department of Justice has e Agriculture one of whom is designated to appeals taken from decisions of Con tion to further- proceedings befor act as Chairman and one as Vice Chair tracting Officers of this Department Board. FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY; JANUARY 31, 1968 RULES AND REGULATIONS 2421 § 2400.4 Debarment. date of receipt and such date shall be Board shall serve a copy of the answer considered as the date of filing with the of the contracting officer, or debarring (a) The Board has jurisdiction and Board. Within ten (10) days after re official, on the appellant. the authority to hear and determine the ceipt, the appeal shall be forwarded to issue of debarment and the period there (c) Defenses which go to the jurisdic the Board. If no time for appeal is so tion of the Board shall ordinarily be of, if any, on an appeal by a person de provided, the person may file his appeal barred under the regulations (1) of the raised by motion. Motions to dismiss for at any time prior to the claim being Commodity Credit Corporation relating lack of jurisdiction should be filed with barred under the applicable statutory pe to Suspension and Debarment (Part 1407 out unreasonable delay. The Board, how riod of limitation. ever, may dismiss the appeal at any time of this title) and (2) of the Depart (b) Each appeal shall clearly identify ment of Agriculture relating to Debarred, if it determines it lacks jurisdiction. the decision from which the appeal is Suspended and Ineligible Bidders (41 (d) The Board may, in its discretion, taken. The appeal need not follow any CFR 4-1.605.1). and within the proper scope of the ap (b) Any person, upon written notice prescribed form. It may be in the form peal, permit either party to amend his of debarment by the Corporation or the of a letter and should contain a full appeal papers upon conditions just to Department, may appeal such debarment statement of the exact nature of the dis both parties. When issues within the to the Board and obtain a hearing qn pute, the specific relief sought by the proper scope of the appeal, but not raised the issue of debarment and the period appellant, the pertinent facts and rea by the written appeal or the documenta thereof. The appeal shall be filed with sons in support of the appellant’s conten tion contained in the appeal file are tried the Executive Secretary of the Board. tions and, if the appellant desires aK by express or implied consent of the (c) (1) On receipt of an appeal from oral hearing, a request that a hearing be parties, or by permission of the Board, such a debarred person, the Executive held: Provided, however, That, in the they shall be treated in all respects as if Secretary of the Board shall acknowl case of an appeal from debarment action, they had been raised in the written ap edge receipt of the appeal and inform the the appeal shall be taken in the manner peal or documentation. If evidence is appellant that an answer in writing to provided in § 2400.4(b) and the appellant objected to at a hearing on the ground the notice of debarment shall be filed shall be deemed to have requested an that it is not within the issues raised by with the Board within such period of oral hearing unless the appellant has the written appeal of the appeal file, it time as may be specified by the Board. specifically waived his right thereto, in may be received if within the proper writing, prior to the date set therefor. Such answer shall: scope of the appeal: Provided, however, Additional information supporting the (1) Admit or deny each of. the factual That the objecting party shall be appeal may be incorporated in the ap allegations contained in the notice of granted a continuance if necessary to debarment; peal or be submitted within such period enable him to meet such evidence. of time as may be specified by the Board (ii) State any affirmative defenses on in writing. (e) Either party may furnish, or the which the appellant intends to rely in Board may in its discretion require, the the proceedings before the Board. § 2400.6 Procedure on appeal. parties to submit pre-hearing briefs in (2) On receipt of such answer, the (a) Upon receipt of an appeal, the any case in which a hearing is to be held. Board shall schedule the matter for a Executive Secretary of the Board shall In any case where a pre-hearing brief is hearing before it and shall notify appel furnish a copy of the appeal to the offi submitted, it shall be furnished in quad lant, and the appropriate representatives cial of the Corporation or of the De ruplicate so as to be received by the of the Corporation or the Department, of partment from whose decision the ap Board within such period of time prior to the time, place and date set for such the date set for hearing- as the Board hearing. peal is taken, or his designee, who shall compile and submit to the Board an may direct, and a copy shall be furnished (d) The proceedings before the Board appeal file consisting of five (5) copies to the other party by the Executive on such appeal shall be conducted to the of all documents pertinent to the appeal, Secretary of the Board. maximum extent practicable in the same including, but not limited to the follow (f ) The Chairman or Presiding Officer manner as appeals to the Board on con ing as applicable: (1) bindings of fact may order, or permit upon request, briefs tract disputes. and the decision from which the appeal to be filed by each party after the conclu On completion of the hearing and is taken; (2) applicable contractual in sion of the hearing within such period of following determination of the issue of struments; (3) correspondence between time as the Chairman or Presiding debarment by the Board, the appellant the parties; and (4) such additional Officer mav allow. shall be given written notice of the information as relate to the contract or § 2400.7 Discovery: motion for produc ward’s findings and decision. The deci the appeal. sion of the Board in the proceedings tion o f documents, written interrog (b) The Executive Secretary of the atories and oral examinations. under this section, shall be final and Board shall afford the appellant an op conclusive unless determined by a court portunity to examine such information (a) At any stage of an appeal, upon competent jurisdiction to have been and material in the appeal file as may be motion of either party filed with the raudulent, arbitrary, capricious, or so made available under regulations of the Board and notice thereof to the other grossly erroneous as necessarily to imply- Department for the purpose of satis party, and upon good cause shown there for if requested by the opposing party ^evidenc* n<>t supported by substan- fying himself of the contents and fur nishing or suggesting any additional or by the Board, the Board may request § 2400.5 Manner of filing appeals. documentation deemed pertinent to the the other party to produce, for inspec appeal. Such examination shall be made tion and copying or photographing, any dpifi *ppeal by any person from the at the office of the Board or such other documents, papers, records, letters, pho nffi °n a contracting officer, claims place as the Board may direct. The Ex tographs, or other tangible things, not or tw or, °^ber officer of the Corporation ecutive Secretary of the Board shall fur privileged, relevant to the issues in the bv or fr°m debarment action nish a copy of such appeal file to the appeal, which are in the other party’s tinn °®clal of the Corpora- contracting officer or debarring official, possession, custody, or control. The ine °Lthe Department, shall be in writ- or his designee, as the case may be. Board, upon its own motion, may, at any inai not be under oath. An orig- Within 30 days after receipt of the ap time prior to rendering its decision, make be ??pies of the appeal should peal file, the contracting officer or de a request upon either party to the pro the Board Tht 6 Exe1cutive Secretary of barring official, or his designee, shall file ceeding for production of material or to the Tina y 1® appeal must be submitted with the Board five (5) copies of an information, not privileged, relevant to the contract the time provided by answer to the appeal setting forth, in the appeal or to obtain additional mate suspension0^ tbeuregulations governing concise statements, the Corporation's or rial or information from other sources, if aPPlicahii debarment, whichever is Department’s defenses with respect to available. to the rw ^ k e^e the appeal is addressed each claim asserted. The answer shall (b) After an appeal has been ac and d e liv S ? 1!1?11 or the Department set forth any affirmative defenses and knowledged by the Board and prior to an agenev to tlie extracting officer or may set foHh any counterclaims, as ap oral hearing, either party, in accordance sency, the recipient shall certify the propriate. The Executive Secretary to the with the following procedures, may take FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 2422 RULES AND REGULATIONS the testimony of any person by oral ex persons, time, place, and scope as it where such hearing will be conducted amination or written interrogatories for deems necessary and appropriate. shall be specified and the Executive Sec use as evidence in the appeal proceed (d) In the event of failure of a partyretary shall serve upon the parties at ings: to comply with a request of the Board for least 15 days’ notice thereof in writing, (1) If either party desires to take the production under paragraph (a) of this unless the parties shall stipulate a testimony of any person by written inter section, or failure of a party to make shorter time. rogatories, such party shall file such available an officer, director, official, or (d) Place of hearing. Oral hearings, interrogatories in quadruplicate with the employee of such party, for answering when granted, shall be held in Washing Executive Secretary of the Board who written interrogatories or questions on ton, D.C., unless otherwise directed by shall serve a copy upon the opposing oral examination under paragraph (b) the Board or panel. party and upon the person to whom the of this section, without showing an ex (e) Representation before the Board. interrogatories are directed if he is not cuse or explanation for such failure satis The appellant may handle his appeal a party. Within such time as may be factory to the Board, the Board may (1) without assistance or may be represented fixed by the Board, the opposing party decide the fact or issue relating to the by an attorney or by any representative may file cross-interrogatories in quad material which the Board has requested meeting the requirements of 7 C.F.R. ruplicate with the Executive Secretary of to be produced, or the subject matter of 1.26. the Board, who shall serve a copy upon the probable testimony of the witness, in (f) Conduct of hearings. (1) Oral the other party and upon the person to accordance with the claim of the other hearings before the Board will be as in whom the interrogatories are directed party or in accordance with other evi formal as may be reasonably permitted if he is not a party. dence available to the Board; (2) dis under the circumstances. The strict rules (2) When either party desires to take miss the appeal if the appellant is the of evidence as required in.courts of law the testimony of any person upon oral disobedient party; or (3) make such will not be applied in the conduct of the examination such party shall file written other ruling as the Board determines is hearing. The Board will receive matter notice in quadruplicate with the Execu just and proper. deemed material and relevant to the is tive Secretary, who shall serve a copy § 2400.8 Lack of prosecution. sues raised in the appeal but may ex upon the opposing party and upon the clude that which it considers remote, person to be examined if he is not a party. Where the appellant does not, within speculative, or cumulative. The opposing party shall be given at least a reasonable time, take the necessary ac (2) On appeals from debarment by the 20 days notice, unless otherwise stipu tion to prosecute his appeal in accord Corporation for causes specified in para lated by the parties or directed by the ance with this subpart, the Board may, graph (a) or (b) of § 1407.5 of this Board, of the time and place where upon reasonable notice, dismiss the ap title, and by the Department for causes the oral examination will be conducted peal for lack of prosecution. ^ specified in 41 CFR 4-1.605-1, the Board and the name and address of the witness. § 2400.9 Settlement. may accept as final on the issues involved therein a decision by a court of com The witness shall testify under path, and A dispute may be settled at any time the reporter taking the oral testimony petent jurisdiction convicting a person by filing with the Board (a) a written shall certify that the record is a true of a criminal offense or adjudging him notice by the appellant withdrawing his liable to the United States or the Cor record of the testimony given by the appeal, or (b) a written stipulation be witness. poration, or a decision by an agency of tween the parties settling either the the U.S. Government other than the (3) The party desiring to take testi entire dispute or any part thereof. The mony by deposition of any person by oral Corporation or the Department, debar appeal shall continue as to any issues re ring or otherwise forbidding a person examination or written interrogatories maining in dispute. shall be responsible for assuring that the from contracting with or otherwise par witness answers the written inter § 2400.10 Prehearing arrangements. ticipating in contracts or programs ad rogatories and cross-interrogatories, or ministered or financed by such agency, (a) The Board may direct the parties and may exclude any evidence offered to that he appears and furnishes testimony to appear at a specified time and place in answer to the questions submitted on the contrary. The Board may, however, for a conference to consider or otherwise receive evidence relevant to the question oral examination, except that where the provide for the following: witness is a party or an officer, director, of whether such offense, basis of liability, (1) Simplification of issues, or reason for the action taken by such official, or employee of a party, such (2) Possibility of obtaining stipula party shall be responsible for assuring other agency were sufficient cause for tions or admissions of fact and of docu the debarment, and the period thereof, that the witness answers the inter ments, and rogatories and cross-interrogatories or imposed by the Corporation, or the (3) Such other matters as may aid in epartment. questions submitted on oral examination. the disposition of the appeal. (3) Either party, at his own expense, The party desiring to take the testimony (b) The results of the conference shall of any person by written interrogatories ay invite witnesses to appear and tes- be reduced to writing by the Board and fy. The Board may also invite such wii- or upon oral examination, shall pay the this writing shall thereafter constitute a ;sses as it deems necessary. Witness cost of the reporter and the transcript of part of the record. the oral examination or any cost of an tall be required to testify under oa swering written interrogatories. The § 2400.11 Hearings. id shall be subject to cross-examina- m. A party shall exercise reasonable party desiring to take the testimony of (a) Opportunity for hearing. Upon any person upon oral examination shall written request by either party, or upon fort to make available any officer, ai pay the cost of travel and other expenses motion of the Board, the Board shall af r, official or employee of such party , of the witness if the parties and the wit ford an opportunity for an oral hearing sides or has his principal place of ness agree to take his testimony at a before it: Provided, however, That, in the ;ss within 100 miles of thePlace° L pd place other than his usual place of resi case of appeals from debarment actions laring and whose testimony is de dence or business. under § 2400.4, an oral hearing shall be r the opposing party or by the Bo ■ (c) The Board, upon motion seasonheld unless waived in writing by the de ie event of failure, of a party i f 11DOn ably made by any party, by the person barred person. Lch a person available at a hearing (b) Submission without hearing. In quest of the opposing Party tion to be examined or to whom written inter oard, without an excuse or explanato rogatories are addressed, or upon its own the absence of an oral hearing, the Board .tisfactory to the Board, the Boa motion, may, upon notice and for good will make its findings of fact and render ,ke any action authorized in §24uu. cause, refuse to permit any proceedings its decision based on the facts in the hich it determines just and proper. to be conducted under paragraphs (a) written record. and (b) of this section or the Board may (c) Notice of hearing. If an oral hear (4) In the event of the ^excuse direct that such proceedings be con ing has been requested by either party or nee of a party at the .time andpte« ducted only under, and in accordance ordered by the Board on its own motion, t for hearing, the hearmg whi P y^g with, such limitations as to documents. the time shall be fixed and the place id the appeal will be deemed FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968 RULES AND REGULATIONS 2423 been submitted without oral testimony or (c) If the determination of the Board tension will be made of the time allowed argument by that party. in connection with an appeal filed pur within which to file an appeal. § 2400.12 Decisions. suant to § 2400.3(a) (2) results in the (b) Hearings will be stenographically settlement or adjustment of a claim by or (a) The Board shall make specific against the appellant, the Board will pre reported and transcripts thereof shall findings of fact and shall render a deci pare a settlement agreement which will be made when deemed necessary by the sion based thereon where the appeal be executed on behalf of the Corpora Board, cost to be borne by agency in arises under the authority of a disputes tion by the Executive Secretary of the volved. One copy of any such transcript article or other article providing for an Board upon direction of the Board. will be made available to the appellant appeal in a contract or in an appeal from (d) Decisions of the Board may be free of cost. a debarment. examined and copied by interested per (b) A motion for reconsideration may sons at the Board office. Effective date: Date of publication. be made to the Board within 30 days from the date of the decision. Request § 2400.13 Extensions o f time and steno Signed at Washington, D.C., on Janu for reconsideration of a decision, as for a graphic reporting o f hearings. ary 26, 1968. hearing or rehearing, may be granted if, (a) Upon timely written request of O rville L. F reem an, in the judgment of the panel with the either party, the Board may, in its dis Secretary of Agriculture. concurrence of the Chairman, sufficient cretion, grant an extension of the times [F.R. Doc. 68-1148; Filed, Jan. 30, 1968; reason therefor appears. set forth in this part except that no ex 8:45 a.m.] FEDERAL REGISTER, VOL. 33, NO. 21— WEDNESDAY, JANUARY 31, 1968